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Home My WebLink AboutORD NO 5131., 7 ? ORDINANCE NO. AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED 7321 ROSEDALE HIGHWAY (ZC NO. 22-0451). WHEREAS, Francisco A Macedo filed an application with the City of Bakersfield Development Services Department requesting to change the zone district from A (Agriculture) to M-2 (General Manufacturing) on 0.37 acres located at 7321 Rosedale Highway, as shown in attached Exhibit "A," (the "Project"); and WHEREAS, the Planning Commission held a public hearing on July 20,2023, and approved Resolution Nos. 55-23 and 59-23, which recommended that the City Council approve the Project; and WHEREAS, the City Council has adopted a Negative Declaration for the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, Negative Declaration 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 Nos. 55- 23 and 59-23 are hereby adopted. 3. The project is hereby approved subject to the Conditions of Approval in Exhibit "A" which is incorporated herein. 4. 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. 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 AKF9 o s� JORIGlNAL� 0 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted�Ebv 1 he20 ,puncil of the City of Bakersfield at a regular meeting thereof held on N 33 , 2023 by the following vote: V v ✓ ✓ ✓ COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: SEP 13 2023 By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By* VIRIDIANA G ADO -KING Deputy City Attorney Exhibits: A Conditions of Approval B Zone Change Map C Legal Description By: Ntopete\ S:\15_Zone Change\O1_Active\2022\22-0451 (7321 Rosedale)\1. Hearing and Noticing Documents\CC & PC\CC\1 st Reading\ZC 22-0451 CC ZC Ordinance Page 2 of 2 o�gAKF9�, F= r— 'ORIGINO EXHIBIT A CONDITIONS OF APPROVAL ZONE CHANGE 22-0451 CITY ATTORNEY 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. PUBLIC WORKS 1. Prior to the City's approval of any construction plans associated with any development project, subdivision, or minor land division within the Zone Change (ZC) area, the developer must submit the following for review and approval by the City Engineer: a. Fully executed dedication for Rosedale Hwy to arterial standards for the full frontage of the ZC area, unless otherwise approved by the City Engineer. Dedications must include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. b. Comprehensive drainage study of the ZC area is to be submitted for approval by the City of Bakersfield Public Works Department Subdivision section. The drainage for the ZC area is to be retained onsite and shall be privately maintained. 2. Prior to the recording of any final map or issuance of any certificates of occupancy for development within the ZC area, whichever is earlier, the developer must (a) construct all infrastructure, both public and private, within the boundary of the ZC area, including, but not limited to, any and all boundary streets to the centerline of the street as required by the City Engineer and (b) construct, and acquire any necessary right-of-way to construct, any off -site infrastructure required to support development of the ZC as determined by the City By NTopete IS:115 Zone Change 101_Active12022122-0451 (7321 Rosedale)11. Hearing and Noticing DocumentsICC & PCIPCIDraftlExhA Condition - Mitigation. docx O S� m � r 'ORIGINAL Exhibit "A" Zone Change 22-0451 Page 2 of 2 Engineer. Phasing of the construction of the required infrastructure may be allowed by the City Engineer. Per City Council Resolution 035-13, any development within the ZC area must comply with the City's "complete streets" policy. 3. Prior to the City's approval of any construction plans associated with any development project, subdivision, or minor land division within the ZC area, the developer must take all actions necessary to add the ZC area to the Consolidated Maintenance District ("CMD") and pay all fees for inclusion in the CMD or, if the development is already within the CMD, update the maintenance district documents as provided in Bakersfield Municipal Code section 13.04.021 or as otherwise required by the City Engineer. 4. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. 5. Prior to the City's issuance of any building permits for construction within the ZC area, or an earlier time established through conditions of a subsequent City -approved subsequent development project, subdivision, or minor land division within the ZC area, the developer must pay all development fees for the ZC area including, but not limited to, the adopted regional traffic impact fee, local mitigation fees, any major bridge and thoroughfare district fees, and any planned sewer and drainage area fees. 'ORIGINAL Zone Change 22-0451 CITY OF BAKERSFIELD E5 1 M-> e ; 0 � 0 n�Q N �I C M-1 R p 0 R 1 ..................................... i J " " " " ....... — — ROSMAIE HWY Y o, 4 M-a A ' LEGEND Exhibit B ; (ZONE DISTRICTS) 0 (� - - .. •• - - - ■POLL IN - - - .• . • - - - R-I One Family Dwelling R 6,000 sq.ft. min lot size 1-1-4.5 One Family Dwelling 0 4,500 sq.tt. min lot size 0 E Estate 10,000 sq.H. min lot size 0 R-S Residential Suburban 0 24,000 sq.H./dwelling unit R-S{ ) Residential Suburban 0 I, 2.5, S or 10 min lot size R-2limited Multiple family Dwelling 4,500 sq.ft. min lot size (single family) 6,000 sq.H. min lot size (multifamily) Gz 2,500 sq.H.lot area/dwelling unit d 1-3 Multiple Family Dwelling Z\i 6,000 sq.ft. min lot size From:A R 0 1,250 sq.H. lot mea/dwelling unit 0 R-4 High Density Multiple Family Dwelling �f To: M-2 0 6,000 sq.ft. min lot size 0 600 sq.ft. lot area/dwelling unit R-H Residential Holding a COUNTY 20 acre min lot size �..�..�..�..�..�..�. ��•.�..�..�..�.� A Agriculture .............. ......� "�"�"�••�••�•'� CITY 6,000 sq.ft. min lot size A-20A Agriculture — - - - - — — — - „. - - - - - — — - 20 acre min lot size R POD Planned Ord Development TT Travel Trailer Park MH Mobilehome (-0 Professional and Administrative OHi(o L GI Neighborhood Commercial C-2 Regional Commercial C-( Commercial (enter (-B Central Business P(D Planned Commercial Development 0 M-1 light Manufacturing 0 e M-7 General Manufacturing M 3 Heavy Industrial P Automobile Parking RE Recreation (h Church Overlay A M-2 OS Open Spam A HOSP Hospital Overlay — AD Architectural Design Overlay 3 FP-P floodploin Primary Vista West c fP-S Floodplain Secondary %s AA Airport Approach Continuation s DI Drilling Island M a A a PE Petroleum Extraction Combining e S( Senior Citizen Overlay e HD Hillside Development Combining e WM- West Ming Specific Plan a e � a BAKERSFIELD N A _ Feet l I ,i•' 0 100 200 i _�••�• BaseEditor - MC f/k Exhibit C Legal Description BEING THE NORTH 152 FEET OF THE EAST 132 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND (MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 28, A DISTANCE OF 229.3 FEET WEST OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION; RUNNING THENCE WEST ALONG SAID NORTH LINE, THENCE SOUTH 0 DEGREES 14' WEST. 660.82 FEET, THENCE EAST, AT RIGHT ANGLES, 144.86 FEET; THENCE NORTH 0 DEGREES 14' EAST, 660.82 FEET TO THE POINT OF BEGINNING. � FA-w�m = ,l Il/qlo—z vORICzINF' FFIDAVIT 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 18'h day of September 2023 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5131, passed by the Bakersfield City Council at a meeting held on the 13'h day of September 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 7321 ROSEDALE HIGHWAY (ZC NO. 22-0451). JULIE DRIMAKIS, MMC City Clerk and Ex Officio of the Council of the City of Bakersfield OT;YClityy Clerk SADOCUMENT\FORMSW,OP.ORD.wpd