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HomeMy WebLinkAboutORD NO 4736ORDINANCE NO. 4 7 3 6 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 THE SOUTHEAST CORNER OF SEVENTH STANDARD ROAD AND CALLOWAY DRIVE (GPA /ZC NO. 13- 0136). WHEREAS, McIntosh & Associates for Kern Land Partners, LLC, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from A (Agriculture) to R -1 (One Family Dwelling) on 77 acres located at the southeast corner of Seventh Standard Road and Calloway Drive (the "Project "); and WHEREAS, the Planning Commission held a public hearing on Thursday, June 6, 2013, and approved Resolution No. 26 -13, which recommended that the City Council approve the Project; and WHEREAS, the City Council has adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, an appeal of the Planning Commission's decision to approve the Project was submitted by Clayton Camp, neighboring resident; 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: The Planning Commission's findings as contained in its Resolution No. 26 -13 are hereby adopted. 2. The Project is subject to mitigation measures found in the adopted Negative Declaration for the Project. 3. The appeal is hereby denied. 4. The Project is hereby approved and 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 A and as specifically described in Exhibit B, all of which are incorporated herein. Page 1 of 2 o``gAKF9� Fn- ORIGINAL n � r v o ORIGINAL 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--- - - - - -- HEREBY CERTIFY that the foregoing Ordinance was passed and ador) d by the Council of the City of Bakersfield at a regular meeting held on SEP 1 1 Li) by the following vote: NOES: ABSTAIN: ABSENT: ✓ ✓ ✓ ✓ ✓ ✓ COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON COUNCILMEMBER On"k COUNCILMEMBER 4!2�ClY O z -4� '4" - ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 1 1 1013 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Atto y By: �&— ANDREW HEGLUND Deputy City Attorney Exhibits: A - Zone Change Map B - Legal Description By: CG\ S: \GPAs \GPA 3rd 2013 \13 - 0136 \ResOrd \RES CC ZC Ordinance 13- 0136.doc Page 2 of 2 o-�AK�9T s � m � r U � ORIGINAL_ Exhibit A Zone Change Location Map o�c0AKF9 s� ~ r U O ORIGINAL M T I M T (W V Z Q 2 U w Z O N m 0 F-- v 9sT m r 0 ORIGINAL.. Exhibit B Zone Change Legal Description O��AKF9.� s � r U O ORIGINAL ZONE CHANGE LEGAL DESCRIPTION PROPOSED R -1 (FROM A) LOTS 5 THROUGH 8 (INCLUSIVE) OF THE SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY FILED MAY 2, 1894 IN THE OFFICE OF THE KERN COUNTY RECORDER TOGETHER WITH THE McCORD CANAL COINCIDENT WITH THE WEST LINE OF LOTS 5 AND 6 OF SAID LOTS AND THE EAST LINE OF SAID LOT 7, ALL LOCATED IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA. CONTAINING 77.0 (GROSS) ACRES, MORE OR LESS. JEFFREY MARTIN L.S. 5798 EXPIRES 6 -30 -14 MCINTOSH,— Assocwes J�l 661- 834 -4814 • 661 -834 -0972 2001 Wheelan Court • Bakersfield, CA 93309 r AND S�9REY L MARTIN * kEXPLffl --JU 40.q . kP LS 5798 g, DATE P:\PROJECTS\ 13007 .00- B07STDCA\Legals \13007ZCREV .docx v � ��RIGINAL 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 16th day of September, 2013 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4736, passed by the Bakersfield City Council at a meeting held on the 11th day of September, 2013 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 THE SOUTHEAST CORNER OF SEVENTH STANDARD ROAD AND CALLOWAY DRIVE (GPA/ZC NO. 13-0136). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEPU City CI k S: \DOCUMENl1FORMSWOP.ORD.wpd o110NKF, cn � m � r v o ORIGINAL