HomeMy WebLinkAboutORD NO 4685ORDINANCE NO. 4 6 8 5
AN ORDINANCE AMENDING SECTION 17.06.020, OFFICIAL
ZONE MAP OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM C -O
(PROFESSIONAL AND ADMINISTRATIVE OFFICE), R -3 (MULTIPLE
FAMILY DWELLING), AND R -3 -P (MULTIPLE FAMILY DWELLING -
PARKING), TO R -3 -CH (MULTIPLE FAMILY DWELLING- CHURCH)
ON A 4.68 -ACRE SITE (ZONE CHANGE NO.12- 0011).
WHEREAS, in accordance with the procedure set forth in the provisions of
Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a
public hearing on a petition to change the zoning district of certain properties in the
City of Bakersfield generally located at the northeast corner of H Street and 8th Street
as shown on Exhibit "A -2 ";
WHEREAS, by Resolution No. 16 -12 on June 7, 2012, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve Zone Change No. 12 -0011 as delineated on the
attached Zoning Map marked Exhibit "A -2 ", by this Council and this Council has fully
considered the recommendations made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the General Plan designation for this area allows for residential
and church related development; and
WHEREAS, the law and regulations relating to the preparation and
adoption of Notices of Exemption, as set forth in CEQA and City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by city staff, Planning
Commission and this Council; and
WHEREAS, staff determined that the proposed project is exempt from the
provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15332
of the State CEQA Guidelines, and a Notice of Exemption was prepared on April 19,
2012, in accordance with CEQA, to be posted following Council approval; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have
been followed.
3. The proposed project is compatible with surrounding uses.
4. The proposed project is consistent with the Metropolitan Bakersfield
General Plan.
o, �, N
s
v O
ORIGINAL
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
All of the foregoing recitals are hereby found to be true and
correct.
2. The report of the Planning Commission, including maps and all
reports and papers relevant thereto, transmitted by the Secretary
of the Planning Commission to the City Council, is hereby received
and accepted.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City
of Bakersfield be and the same is hereby amended by changing
the land use zoning of that certain property, of which the boundary
is shown on the Zoning Map marked Exhibit "A -2" attached hereto
and made a part hereof, and more specifically described in
attached Exhibit "A -3 ".
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "A -1 ".
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective not less than thirty (30) days from and after
the date of its passage.
--- - - - - -- 000--- - - - - --
OIL
>- m
V �
ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the
Council of the City of Bakersfield at a regular meeting thereof held on
August 15, 2012 by the following vote:
AYES' COUNCILMEMBER: SALAS, BENHAM, WEIR, OUCH, HA ON, SULLIVAN, JOHNSON
ES: COUNCILMEMBER: f)t-,r 1
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: (lOi
— q�" jj-94"
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 1 5 2012
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA gfNNARO
City Attor y
3'2
Exhibits: A -1. Conditions of Approval
A -2. Location /Zoning Map
A -3. Legal Description
KShea s: \zonechange \yr 2012 \zc 12-0011 \cc \ozc- cc.doc
-3 -
o��AK�9J -c
`v
ORIGINAL
EXHIBIT "A -1"
CONDITIONS OF APPROVAL
ZONE CHANGE # 12 -0011
CITY ATTORNEY
1, In consideration by the City of Bakersfield for land use entitlements, including but not
limited to related environmental approvals related to or arising from this project, the e
applicant, and /or property owner and /or subdivider ( "Applicant" herein) agrees to
indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents,
employees, departments, commissioners or boards ( "City" herein) against any and all
liability, claims, actions, causes of action �u demands l of any kind them, or any
way arising
them, before administrative or judicial
from, the terms and provisions of this application, including without limitation any CEQA
approval or any related development approvals or conditions whether imposed by the
City, or not, except for CITY's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any
decision by the City related to this project and the obligations of this condition apply
regardless of whether any other permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling
under this condition within thirty (30) l outgside law fi m tohdefend the e t
sole discretion, shall be allowed to choose the attorney or
City at the sole cost and expense of the Applicant and the City is not obligated to use any
law firm or attorney chosen by another entity or party.
PLANNING
2. The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in yeor
2014. Projects may be issued an urban development permit, grading plan approval,
building permit and pay fees prior to the 2014 expiration date under the current MBHCP.
As determined by the City of Bakersfield, lanaroval or building peYmit) before tdhe an urban
2014 expiration
development permit, grading p pp or pre - payment
date will be eligible to pay fees under the current MBHCP. Early payment
of MBHCP fees shall not be allowed, he � MBHCP, Urban developrnenbperm permits issued after
permits is governed by the terms of t
the 2014 expiration date may be subject t�l a pith requests of Habitat
S Fish and Wildlife lan, if
approved, or be required to comply directly
Agency and the California Fish and Game Department.
Orderly development.
S: I ZoneChonge I yr 20121 ZC 72-0011 1 Exh 1. docx
o��AKk9q
m
_ r
� 0
ORIGINAL
EXHIBIT A -2
Location/Zoning Map
o``0AK�9�
s
� m
� r
V Q
ORIGINAL
r�
0
i
N
w
V
Z
I
U
W
Z
0
NN
orf
0
U-
V
Z
Z
0
N
1S A
a I?
C?
N N
N (J CJ
U
ant/ 2i31S3HO
N
U F-
U)
S
H
O
ft
U
Er
1S 3A3
x
M O V
Ir C7 M
cc Ix
O
U
H
S
m
Ox
1--o
O c+�
V �
1S H
x
OV
ix w
O
O O U
U U
d o d M
M
&
O
I-- U c�
ch th �
W, W,
Z
O
a
U
>
Y N
D J
Z Q
W p
W a
w
Z Li
U)
N
U
� N
ap U
x
O V
C? M
wlz
w
O
U
M
i� LLJ
N
d'
H
}
_
w
U
N
ode A K�9`l' -c�
m
F- r
v o
ORIGINAL
F-
LU
U)
c
Q
W
W
W
Of
Q
cra
o
c
x
w
Z
O
a
U
>
Y N
D J
Z Q
W p
W a
w
Z Li
U)
N
U
� N
ap U
x
O V
C? M
wlz
w
O
U
M
i� LLJ
N
d'
H
}
_
w
U
N
ode A K�9`l' -c�
m
F- r
v o
ORIGINAL
EXHIBIT A -3
Legal Description
Qk0 AKF9 -n
U'11
a.. m
r
O
ORIGINAL
ZONECHANGE
LEGAL DESCRIPTION
Being a portion of the Northwest Quarter of Section 31,
T. 29 S., R. 28 E., M.D.B. & M., in the
City of Bakersfield, County of Kern, more particularly described as follows:
Parcels 1, 2, and 3 of Parcel Consolidation per Certificate of 47 and pliance recorded January
6
1995 as Document No. 195001583, Lots 9 thru 16 in Block
in Block 48 of the "Lowell Addition" to the Town of Bakersfield as per
Recorder. r p ecorded
January 7, 1887, in Map Book 1 at page 23 in the Office of th e Y
Quo, E s s loti�
fp C,GOLG,y�;.�(
y r� No. C 32778
t9 r= m
W t �
EXP. 630 -2012
CIvi1.l �a
qTF or CAL \F i
,z - - --
Timothy McColgan Ashlock Date
o��PKF9
s
Imo- r-
v o
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 20th day of August, 2012 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4685, passed by the
Bakersfield City Council at a meeting held on the 15th day of August. 2012 and entitled:
AN ORDINANCE AMENDING SECTION 17.06.020, OFFICIAL ZONE
MAP OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM C -O (PROFESSIONAL AND
ADMINISTRATIVE OFFICE), R -3 (MULTIPLE FAMILY DWELLING), AND
R -3 -P (MULTIPLE FAMILY DWELLING - PARKING), TO R -3 -CH
(MULTIPLE FAMILY DWELLING- CHURCH) ON A 4.68 -ACRE SITE
(ZONE CHANGE NO. 12- 0011).
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPOTY City Clerk
SAD0CUMENTV0RMS\A0P.0RD.wpd
o``gAKF9.c`
s
� r
U �
ORIGINAL