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Home My WebLink AboutORD NO 5118ORDINANCE NO. 51 118 AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE CLASSIFICATION, LOCATED AT 5200 OLD FARM ROAD (ZC NO.22-0097). WHEREAS, McIntosh & Associates is requesting an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from PUD (Planned Unit Development) to R-2/PUD (Limited Multiple -Family Dwelling/Planned Unit Development) on 20.00 acres located at 5200 Old Farm Road (the "Project"); and WHEREAS, the Planning Commission held a public hearing on September 15, 2022, and accepted public testimony both in support and opposition. Following deliberations, the Commission approved Resolution No. 94-22, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, January 11, 2023 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, and the Planning Commission's deliberation, and action; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 94-22 are hereby adopted. 3. The Project is hereby approved incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 as specifically described in Exhibit A and located on the map as shown in Exhibit B, all of which are incorporated herein. SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. Page 1 of 2 v i7 ORIGINAL --------- 000--------- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on the 1 1 th day of January 2023, by the following vote: ✓ ✓ ✓ ✓ AYES: COUNCILMEMBER ARIAS, GONZALES;-+FHfti, SMITH, FREEMAN, -GRAY-, KAUR NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER (!!SE . COUNCILMEMBER�, IQ , (_ncQ. a J IE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -JAN 1 1.2023 By e-V KAREN GOH Mayor VIRGINIA GENNARO, CITY ATTORNEY City Attorney By: IRIDIANA GALLARDO-KING Deputy City Attorney Exhibits: A Conditions of Approval B Legal Description C Zone Change Map Page 2 of 2 'ORIGINAL Exhibit A: Conditions of Approval p�OAK�� a U r ORICINALO EXHIBIT A Zone Change No. 22-0097 CONDITIONS OF APPROVAL 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 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 and boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CECW 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) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the 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. 2. All mitigation measures as approved with General Plan Amendment/Zone Change No. 16-0264 (Resolution 18-17; Resolution 19-17; and Ordinance 4889) are hereby incorporated as conditions of approval. TJaquez/ S:\Counter Operations\05_PUD & PCD\01_Active\22-0097_5200 Old Farm Road_134-Unit Duplex Subdivision_ZC\ZC 22-0097_Draft Resolution -Exhibit A.docx f- vORIGINALp Exhibit B: Location Map s � r 'ORIGINAL' ZC 22-0097 / PD 22-0332 CITY OF BAKERSFIELD 1 1 I i W' I I e01: J MOLOKAI'DR W RI Ra :. )RESS-ST J Ra Rg Ra PL'N0 &AL) O3O i� RHAWAIE Ra L--_ 3 mil¢ i 3 -R-i 5; ¢I -L-ANA -AVE HOME F4ANCH'DR J Tr H R-a O C m,a �I� R1> I III 1 0 J a° LEGEND I PACIFIC BREEZE-AVEN ILDRESS-Sr—�— - - ----- - (ZONE DISTRICTS) 8-1 One Family Dwelling R-' 6,000 stiff. min lot size R=a v~i I R-1.4.50ne Family Dwelling OCEAN 4500 sq.fl. min lot size Z WAVEDR. FEstete i'ST _ j 10,000 s¢fl. min lot size --Z- ¢ R-S Residential Suburban 24,000 sq.fl./dselling unil 'al R-S{ ) Residential Suburban -Q UI Rla 1, 2.5, S or 10 min lot size Z R-2 Limited Mullipla Family Dwelling Of O 4.500 sq.11. min lot sire (single family) -_' d,000 s¢II. min lot size (multifamily) FROM: RUM PACIFIC 2SOD sq.fl.lol area! dwelling unit SHORES D R.O Mullipla Family Dwelling OC R-2/RU.D: d.o00 sq.tt. min (attire Ra 1,250 sq.ft.lot mealdwelling unil R-0 High Density Mulliple family Dwelling Ra 6.000 sq.D. min lot size 600 sq.11.Iol area/d:velling unil VAL•LEY'FORGEWAY _ R.HResidenlial Holding w®R, 20aue min lot size Q.A Agriculture H, 6,000sq.D. min lot size wlA-20A Agrimlture m,20 acre min lot size FIF TIONRD�J POD Planned Unit Development __ _ - TT Travel Trailer Park MH Mohilehome (.0 Professional and Administrative Office GI Neighborhood Commercial Ra (-2 Regional(-C Commercial (enter REAGAN-RD GR (enual0usiness P(D Planned Commercial Development - — M-1 Light Manuf"I"Ing W M-2 General MonufaciminA Q, R-i M-3 Neory Industrial Q P Aulomabile Parking 2; REReweation a. Ch (hutch Overlay PRESIDENTIAL-RD OS Open Spore g; HOW Hospital Overlay AD Architecture[ Design Overlay I:M=� FP-P Floadploin Suard FP-S Floadploin Secondary AA Airport Approach DI Drilling Island PE Petroleum fztrattion Combining S(Senior Citizen Overlay HO Hillside Development Combining hexdom WM Wast Ming Specific Plan Et'rr,m Y R.. Strmol 00 RE COMMUalntt' RE BAKERSFIELD PARK w R-z_I� R-i Z! I V Feet ra CAMPSITEWAY__ 0 200 400 Ot RIB ZC_22_0091 'ORIGINAI_c) Exhibit C: Legal Description o�gAK��s OORIGINAL� EXHIBIT "C" PROPOSED ZONE CHANGE LEGAL DESCRIPTION BEING THOSE PORTIONS OF LOT 13 OF THE SALES MAP OF LANDS OF THE KERN COUNTY LAND COMPANY FILED NOVEMBER 24, 1891, IN THE OFFICE OF THE KERN COUNTY RECORDER, LOCATED IN SECTION 13, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 13, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF OLD FARM ROAD AND NORIEGA ROAD; THENCE ALONG THE FOLLOWING COURSES: 1) NORTH.00-50-00" EAST, ALONG THE WESTERLY LINE OF SAID LOT AND THE CENTERLINE OF OLD FARM ROAD, A DISTANCE OF 399.62 FEET; THENCE 2) DEPARTING SAID WESTERLY LINE AND SAID CENTERLINE, SOUTH 89°13'41" EAST, A DISTANCE OF 660.85 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE 3) SOUTH 00°50'02" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 399.62 FEET TO THE SOUTHEAST CORNER OF SAID LOT, SAID POINT ALSO BEING ON THE CENTERLINE OF NORIEGA ROAD; THENCE 4) NORTH 89°13'41" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT AND THE CENTERLINE OF NORIEGA ROAD, A DISTANCE OF 660.84 FEET TO THE POINT OF BEGINNING. CONTAINING 6.06 GROSS ACRES, MORE OR LESS. CONTAINING 5.00 NET ACRES, MORE OR LESS. COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 13, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF OLD FARM ROAD AND NORIEGA ROAD; THENCE NORTH 00050'00" EAST, ALONG THE WESTERLY LINE OF SAID LOT AND THE CENTERLINE OF OLD FARM ROAD, A DISTANCE OF 399.62 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING COURSES: 1) NORTH 00-50-00" EAST, CONTINUING ALONG SAID WESTERLY LINE AND CONTINUING ALONG THE CENTERLINE OF OLD FARM ROAD, A DISTANCE OF 918.64 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE 2) DEPARTING SAID CENTERLINE, SOUTH 89°14'53" EAST, ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 660.85 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE 3) SOUTH 00°50'02" WEST, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 918.87 FEET; THENCE 4) DEPARTING SAID EASTERLY LINE, NORTH 89°13'41" WEST, A DISTANCE OF 660.85 FEET TO THE POINT OF BEGINNING. P:\PROJECTS\13081.02-T7268RGF\LEGALS\13081ZC LEGAL.DOCX �AkFP�, 1' m U r ORIGINALQ EXHIBIT "C" PROPOSED ZONE CHANGE LEGAL DESCRIPTION CONTAINING 13.94 GROSS ACRES, MORE OR LESS. CONTAINING 12.95 NET ACRES, MORE OR LESS M- CINTOSH AssociAms : 661-834-4814.661-834-0972 2001 Wheelan Court • Bakersfield, CA 93309 P:\PROJECTS\13081.02-T7268RGF\LEGALS\]308]ZC LEGAL.DOCX S�p�1L per" v �Z`- r ---` � OF Cc° 1p � l ti o``gAKF�� m 9ORIGINAL� PROPOSED ZONE CHANGE OLD FAR,�I PROPEWFIES, LLC TRACT Na 6134 j I j ! ! EA6 i VU R-1 - UNR 2 i i I TRACT No.153 ! 6- , I ' uti,m ! i-' ! I� EJOSfNQ PUD r _ __� f C I !F PROPOSED R-2/PUD i i !vl 20.00 ACRES GROSS i 17.95 ACRES NET �ECAm'oxI :��^�• LOT 13 -T- SALES J MAP OP KERN COLNTY LAND COMPANY RECORDED NOYE!„9ER 24, 1891 ---- :tea m. a- a Jn 0 Ij _ __ _ Puo_—w.w.nsmEET CENTEflI NE _ CIiY a BARER5IT�LD S � I j G= i PROPOSE➢ —E GIRNCE BOUNOARr PROPERTY LINE/RIGHT-OP-IYAY UNE -- �' --- — ----- ° TRACT I P xc 4 SOT, mqo . No.677 i ,moo e!cww UNff3 ! �; ...,. A..,... ..a F.xunNG RE m OORIGINA.!" AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern )ss. JULIE DRIMAKIS, 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 18th day of January 2023 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5118, passed by the Bakersfield City Council at a meeting held on the 11 th day of January 2023 and entitled: AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE CLASSIFICATION, LOCATED AT 5200 OLD FARM ROAD (ZC 22-0097). - SADOCUMENT\FORMSWOP.ORD.wpd JULIE DRIMAKIS, MMC City Clerkkdnd Ex Officio of the Council-of_the City of Bakersfield E UTY-City_-Clerk U T } m r �— `�ORIGI!�°� c