HomeMy WebLinkAboutORD NO 4756T
ORDINANCE NO. 4 7 56
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED
LOCATED ALONG THE NORTH SIDE OF TAFT HIGHWAY
APPROXIMATELY 900 FEET WEST OF WIBLE ROAD. (GPA /ZC NO.
13- 0125).
WHEREAS, Smith Tech USA for Wible Investors Il, filed an application with the City
of Bakersfield Community Development Department requesting to change the zone
district from C -O (Professional and Administrative Office) to R -3 (Multiple Family
Dwelling) on 5.89 acres located along the north side of Taft Highway approximately 900
feet west of Wible Road (the "Project "); and
WHEREAS, the Planning Commission held a public hearing on Thursday,
September 5, 2013, and approved Resolution No. 36 -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, 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 Planning Commission's findings as contained in its Resolution No. 36 -13
are hereby adopted.
2. The Project is subject to mitigation measures found within the adopted
Negative Declaration for the Project.
3. 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 A and as specifically described 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.
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HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on ►9 2013
by the following vote:
Wrv-s:
ABSTAIN:
APPROVED
COUNCILMEMBERRIVEf2A, MAXWELL, WEIR, SMITH.
COUNCILMEMBER IN n"
COUNCILMEMBER
COUNCILMEMBERv
NOV Z 0 1013
HARVEY L. HALL
MAYOR of the City of Bake
APPROVED as to form:
VIRGINIA GENNARO
City Att n y
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
✓ V
SULLIVAN, JOHNSON
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
By: CG\ S: \GPAs \GPA 4th 2013 \13 - 0125 \Reso Ord \RES CC ZC Ordinance 13- 0125.doc
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LEGAL DESCRIPTION
BEING THAT PORTION OF PARCEL C OF LOT LINE ADJUSTMENT NO. 05-0981 AS
EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED
AUGUST 7, 2008 AS DOCUMENT NO. 020812500 1, O.R., ALSO BEING A PORTION OF
THE SOUTHEAST QUARTER OF SECTION 35, T. 30 S., R. 27 E., M.D.M. IN THE CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 35, SAID POINT
BEING THE CENTERLINE INTERSECTION OF TAFT HIGHWAY (S.R. # 119) AND WIBLE
ROAD; THENCE NORTH 89 °03'22" WEST ALONG THE SOUTH LINE OF THE SOUTH-
EAST QUARTER OF SAID SECTION 35 AND THE CENTERLINE OF TAFT HIGHWAY
(S.R. #119),1025.04 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL C AND
THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89 003'22" WEST ALONG LAST SAID LINE AND
THE SOUTH LINE OF SAID PARCEL C, 616.76 FEET TO THE SOUTH-
WEST CORNER OF SAID PARCEL C;
THENCE NORTH 00 °35' 19" EAST ALONG THE WEST LINE OF SAID PARCEL C,
385.00 FEET;
THENCE SOUTH 89 003'22" EAST, 601.23 FEET;
THENCE SOUTH 73 °09'11" EAST, 131.00 FEET;
THENCE SOUTH 53 045'57" EAST, 30.00 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 536.00 FEET TO WHICH POINT A RADIAL LINE BEARS
NORTH 53 045'57" WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 03 004'32" AN ARC LENGTH OF 28.77 FEET TO A POINT OF
REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS
OF 536.54 FEET TO WHICH A RADIAL LINE BEARS NORTH 50 041'25"
WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 35046'18" AN ARC LENGTH OF 334.98 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINS: 5.89 GROSS ACRES
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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 25th day of November, 2013 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4756, passed by the
Bakersfield City Council at a meeting held on the 20th day of November, 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 LOCATED
ALONG THE NORTH SIDE OF TAFT HIGHWAY APPROXIMATELY 900
FEET WEST OF WIBLE ROAD. (GPA/ZC NO. 13- 0125).
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
SADOCUMEN"RFORMSWOP.ORD.wpd DEP ity berk
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