HomeMy WebLinkAboutORD NO 5127ORDINANCE NO. 5 12 7
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT
4215 LETZRING LANE (ZC NO. 23-0014).
WHEREAS, Housing Authority of the County of Kern for LMCHAO, LLC, filed an
application with the City of Bakersfield Development Services Department requesting to
change the zone district from C-2 (Regional Commercial) to C-2 (Regional Commercial)
to remove the reference of the Declaration of Restrictions from the Ordinance 2902 on
5.94 acres located at 4215 Letzring Lane, as shown in attached Exhibit "B," (the "Project");
and
WHEREAS, the provisions of CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Guidelines have been followed; and
WHEREAS, the Planning Commission held a public hearing on May 4, 2023 and
approved Resolution No. 37-23, which recommended that the City Council approve the
Project; and
WHEREAS, the City Council considered all facts, testimony, and evidence
concerning the Project, including the staff report, Notice of Exemption 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:
l . The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 37-23
are hereby adopted.
3. The Project is exempt from the provisions of CEQA in accordance with
CEQA Guidelines Section 15061 (b) (3), Common Sense Review for
Exemption.
4. The Declaration of Restrictions reference is removed from Ordinance 2902,
subject to the conditions of approval as shown in attached Exhibit "A".
5. The Project is hereby approved incorporating the change into the official
zoning map as described in Bakersfield Municipal Code Section 17.06.020
located on the map as shown in Exhibit B and as specifically described in
Exhibit C, all of which are incorporated herein.
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OORIGINAL
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.
--------- 000---------
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 JUN 7 8 7073
by the following vote:
,✓ i ✓ ✓ ✓
ES: COUNCILMEMBER ARIAS GONZALES WEIR, SMITH, FREEMAN, GRAY, KAUR
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
J IE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: SUN 2 8 2023
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By: i'�Z�1?
VIRIDIANA G LLARDO-KING
Deputy City Attorney
Exhibits: A Conditions of Approval
B Zone Change Map
C Legal Description
CC/S:\Zone Change\Ol-Active \2023\23-0014_4215 Letzring\CC\lst Read\ZC 23-0014
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'ORIGINAL
EXHIBIT A
CONDITIONS OF APPROVAL
ZONE CHANGE NO. 23-0014
1. The covenant condition to remove the Declaration of Restrictions (recorded on February 16,
1984, Page 533 of Book 5632 of the Official Records of the Kern County Recorder) is
approved to be removed/terminated from its incorporation from Ordinance No. 2902 via
recordation of a separate covenant. Applicant is responsible for providing the covenant
disclosing the removal of these restrictions from Ordinance No. 2902 to the City Planning
Director for review and approval prior to recordation. Applicant is responsible for all
recording costs.
2. 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 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) 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.
By CC/S:2one Change101_Active12023123-0014_4215 Letzring Lane/01_Hearging & Noticing Documents/Drafts/PC NK �d,
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OORIGINAL
Zone Change to"""AYE ` R-a LEGEND
R-a OS (ARSON AVE (ZONE DISTRICTS)
EXHIBIT B SAN LORENZO AVE � Q° R-a R-a
R-a _ O R-1 One Family Dwelling
R-a R-a o R-a C-2 DODGE AVE
AR
N 6,000 sq.H. min lot size
CITY OF BAKERSFIELD _ R-I-I.SOne family Dwelling
R-a 4,500 sq.N. min lot size
it SA` — E Estate
v R•a•CH
o EL RERRfNDO AYE y '� m FMERY AVE 10,000 sq.H. min lot size
Q YIN(EN1 AVE _ R-S Residential Suburban
_ R-a MERRIMA( AVE
m 2/,000 sq.H./dwellinp unit
v-. MALLARD jL R-S� )Residential Suburban
R- z FALCON AVF
: 3 R-3 m . R-a (T N• . ° I, 2.5, 5 or 10 min lot size
rn R-S-aA o R-a R-2 Limited Multiple Family Dwelling
T-010 CCT R-a 4,500 sq.H. min lot size (single family)
R-3 _ N GARFIELD AVF 6,000 sq.ft. min lot size (multifamily)
TEAL ST R a M•a R-a R- 2,500 sq.0. lot area/dwelling unit
�PAT_TI_(_T R-3 R-a R-3 Multiple family Dwelling
— R-3 6,000 sq.H. min lot size
C-2
C a h � HUB AVE 1,250 sq.H. fat areajdwellinp unit
R-4 High Density Multiple Family Dwelling
C-2 C-2 C-a R-a 6,000 sq.H. min lot size
LOS (ARNEROS Pl C. C-a M-a 600 sq.fl. lot oreojdwelling unit
IVAN AVE R-H Residential Holding
C-2 R-a R-a 20 acre min lot size
0 R-a R-a A Agriculture
i R-a
WHITE IN _ 6,000sq.H.min lot size
WHITE LN A-20AAgriculture
20 acre min lot size
C-a C•a R-a PUD Planned Unit Development
APN: 405-020-51 R-a TT Travel Trailer Park
17.2
= --�` SAN VI(FNIF OR MH Mahilehomt
C-a CC-a R-: C-0 Professional and Administrative Office
-2 B C-1 Neighborhood Commercial
M-a �
�7 II Regional Commercial
R-a
(LYROURN OR (LYROUR C-C Commercial (enter
C-rMH 5'%, m DR (-B (antral Business
C-2-MH t� oe P(D Planned Commercial Development
R-a i M-1 light Manufocturinp
1F, M-2 General Manutoduring
R-a R° ro R-2 o R•a M-3Hea Industrial
o R- E`I R• I�iR- m Heavy
/l(KUR 3m 3 t 3 P Automobile Parking
fe: R a RE Recreation
(h Church Overlay
YERtENA pR �'J I OS Open Space
(AL(UTTA DR HOSP Hospital Overlay
FERN /REZ R R-a FMH AD Archilect irol Design Overlay
C-a R a R-a = I '� FP-P Floodplain Primary
Y/N R-a FP-S floodploin Secondary
C-a R-a fAfl i MH MH !<R-a 'a! R-a Ix DlDrilling AA tlslaodmh
SAINT Nfl INS AYE R-a �---� PE Petroleum Extraction Combining
M-a R-a SC Senior Cilizen Overlay
RtUE HD Hillside Development Combining
MOUNTAIN WAY 41�i iW' 3 ; OS WM- West Ming Specific Plan
.o r—��=�1Qi`1 I R-a f R a ;�� OS OS
M-a
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R-a
31
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R-i
R-a
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F = R-2-MH V (03
R-a .=' R-a !�! R•a BAKERSFIELD
R•a KELSO PEAK AVE f 'i
R-a
L�oUc.
PACHECO RD
R-a t C-a I R-2 C-a R-2
F Feet
R-a „ i _ R a I I
EARLENE (T 3 R-2 r GALINA CI R•a S(8UL'l (IJ`I R-a
R.a R-2 G 0 330 660
R-a BaseEditor - MC
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c a o_ , .• .... W40F AVE
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EXHIBIT C
Legal Description
Parcel "C" of Lot Line Adjustment No. P98-0218, as per Certificate of Compliance recorded July 20,
1998 as Document No. 0198096635 of Official Records, being an adjustment of Parcel "B" of Lot Line
Adjustment No. P96-0361, as per Certificate of Compliance recorded June 6, 1996 as Document No.
0196072467 of Official Records, located in the North half of the Southeast quarter of Section 13,
Township 30 South, Range 27 East, Mount Diablo Meridian, according to the official plat thereof,
described as follows:
Commencing at the East quarter corner of said Section 13, said point being the intersection of White
Lane and South "H" Street; thence southerly along the East line of said Section 13, and the East line of
Parcel 1 of Parcel Map Waiver No. 9-93 as per Certificate of Compliance recorded December 28, 1993
in Book 6964, Page 276 of Official Records, South 00°01'41 " East, a distance of 811.01 feet to a point,
said point being the Northeast corner of Parcel 2 of Lot Line Adjustment No. 322; thence departing the
East line of said Section 13, North 89°56'50" West along the South line of Parcel 1 of said Parcel Map
Waiver No. 9-93, a distance of 744.64 feet to the Southwest corner of said Parcel 1; thence continuing
North 89°56'50" West, a distance of 10 1. 13 feet to a point, said point being the True Point of
Beginning for this description.
Thence continuing North 89°56'50" West, a distance of 156.87 feet;
Thence North 45°36'46" West, a distance of 537.66 feet to a point on the West line of Parcel B of
said Lot Line Adjustment No. P96-0361;
Thence northeasterly along said West line, North 44023' 14" East, a distance of 303.75 feet to a point
on the North line of said Parcel B;
Thence along said North line South 89°56'50" East, a distance of 322.30 feet;
Thence South 77'20'15" East, a distance of 77.87 feet;
Thence South 89°56'50" East, a distance of 32.00 feet to a point on the West Iine of Parcel 1 of
said Parcel Map Waiver No. 9-93;
Thence southerly along said West line South 00'03'10" West, a distance of 338.27 feet to the
beginning of tangent curve, concave northwest having a radius of 330.00 feet;
Thence along said curve southwesterly through a central angle of 46°05'20", having an arc
length of 265.45 feet to the True Point of Beginning.
Excepting therefrom all petroleum and other oils and minerals, and all gas within said land whether
now known to exist or hereafter discovered, together with the right to use the surface in and upon a
strip of land 150 feet in width extending the full length of said property along its south line, but no
other part of the surface thereof, for ingress and egress for these purposes, and the right to do on said
strip of land 150 feet in width and in said land, whatever may be reasonably necessary for the full
enjoyment and exercise of the property, and right so excepted and reserved, but if by the exercise of any
rights reserved in this paragraph any crops at the time growing on said land or any improvement
theretofore erected thereon by the party of the second part, its successors or assigns, shall be
responsible for and shall pay to the party of the second part, its successors or assigns, the amount of
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EXHIBIT C
such damage to any such crops or improvements, as reserved by Kern County Land Company, a
California corporation, in deed recorded January 31, 1946 in Book 1290, Page 376 of Official Records.
All rights of surface access for drilling, exploration and development of oil, gas and other hydrocarbon
substances and minerals, from the surface down to a depth of 500 feet below the surface of the ground,
were waived by Tenneco West, Inc., in Waiver of Surface Access, recorded April 16, 1984 in Book 5649,
Page 1902 of Official Records.
Containing 6.36 acres gross, more or less
Bearings and distances shown hereon are based on record information per Lot Line Adjustment No.
P98-0218.
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P.LS. 8832
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R. Brandon Walker, P.L.S. 8832
OF CAOF���\�
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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 3rd day of July 2023 she posted on the Bulletin Board
at City Hall, a full, true and correct copy of the following: Ordinance No. 5127,
passed by the Bakersfield City Council at a meeting held on the 28th day of June
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 DISTRICT
LOCATED AT 4215 LETZRING LANE (ZC NO. 23-0014).
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
TY City Clerk
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