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Home My WebLink AboutORD NO 4757T ORDINANCE NO. 4757 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 STOCKDALE HIGHWAY AND HEATH ROAD (GPA /ZC NO. 13- 0127). WHEREAS, Bolthouse Properties, LLC, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from R -3 (Multiple Family Dwelling) and R -2 (Limited Multiple Family Dwelling) to R -1 (One Family Dwelling) and R -3 (Multiple Family Dwelling) on approximately 80 acres located at the southeast corner of Stockdale Highway and Heath Road (the "Project "); and WHEREAS, the Planning Commission held a public hearing on Thursday, September 5, 2013, and approved Resolution No. 39 -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: The Planning Commission's findings as contained in its Resolution No. 39 -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. --- - - - - -- 000 --- - - - - -- Page 1 of 2 �gAKF,Q o sn `= o v ORIGINAL HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on NOV 2 0 2013 by the following vote: NOES: ABSTAIN: AB COUNCILMEMBER RIVER�A, MAXWELL, WEIR, SMI'I"H, COUNCILMEMBER COUNCILMEMBER lV COUNCILMEMBER i.N1S�n. APPROVED NOV 2 0 2013 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attor e By: —f ANDREW HEGLUND Deputy City Attorney Exhibits: A Zone Change Map B Legal Description SULLIVAN , JOHNSON 4'6�� /1� - ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield By: DL\ S: \GPAs \GPA 3rd 2013\ 1 3-0127\Res Ord \RES CC ZC Ordinance 13- 0127.doc o�gAKF Page 2 of 2 s '' m v o ORIGINAL Exhibit A Zone Change Location Map 0�0AK4�-c� ORIONAL � r V c7 1 N T I M T rW V Z T� 1 U w Z O N 0 O W to cs a' H h vj etf M y C O r ORIGINAL Exhibit 6 Zone Change Legal Description o``gAKF9,,, s J O ORIGINAL EXHIBIT "A" PROPOSED ZONE CHANGE 13 -0127 LEGAL DESCRIPTION R -3 (FROM R -21 BEING A PORTION OF PARCEL "B" OF LOT LINE ADJUSTMENT No. 41 -06 PER CERTIFICATE OF COMPLIANCE RECORDED ON SEPTEMBER 1, 2006 AS DOCUMENT No. 0206218661, AND PARCEL 3 OF PARCEL MAP WAIVER 6 -03 PER CERTIFICATE OF COMPLIANCE RECORDED ON APRIL 6, 2006 AS DOCUMENT No. 0206084205, BOTH OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING PORTIONS OF SECTIONS 3 AND 4 OF TOWNSHIP 30 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE ALONG THE FOLLOWING SEVEN (7) COURSES: 1) SOUTH 89 027'59" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, A DISTANCE OF 1451.95 FEET TO THE CENTERLINE OF THE 210 -FT WIDE PROPOSED WESTSIDE PARKWAY ALIGNMENT AS ADOPTED BY THE CITY OF BAKERSFIELD CITY COUNCIL BY RESOLUTION No. 324 -04 ON DECEMBER 15, 2004 AND BY RESOLUTION No. 322 -06 ON DECEMBER 13, 2006; THENCE 2) DEPARTING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 ALONG SAID CENTERLINE OF THE PROPOSED WESTSIDE PARKWAY ALIGNMENT, SOUTH 43 °11'12" WEST, A DISTANCE OF 1233.66 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5000.00 FEET; THENCE 3) CONTINUING SOUTHWESTERLY ALONG SAID CURVED CENTERLINE OF THE PROPOSED WESTSIDE PARKWAY ALIGNMENT, THROUGH A CENTRAL ANGLE OF 05 °28'04"1 AN ARC LENGTH OF 477.16 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1500.00 FEET, A RADIAL TO WHICH BEGINNING OF CURVE BEARS NORTH 25 041'43" EAST; THENCE 4) DEPARTING SAID CENTERLINE OF THE PROPOSED WESTSIDE PARKWAY ALIGNMENT, NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 °2923:'1 AN ARC LENGTH OF 405.52 FEET; THENCE 5) NORTH 10 °12'20" EAST, A DISTANCE OF 573.37 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1000.00 FEET; THENCE 6) NORTHERLY ALONG LENGTH OF 172.20 SECTION 3; THENCE SAID CURVE, THROUGH A CENTRAL ANGLE OF 09 °52'00", AN ARC FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID 7) NORTH 00 °20'20" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, A DISTANCE OF 384.68 FEET TO THE POINT OF BEGINNING. CONTAINING 25.494 GROSS ACRES (18.178 NET ACRES), MORE OR LE' KMc>u.•jStv&daie RanchIGPA- ZC- 13- 01271ZC - -13 -0127- Exhibit A- Revised door Page 1 of 2 6NK,,9�'.� H r v v ORIGINAL EXHIBIT "A "— PROPOSED ZONE CHANGE 13 -0127 - LEGAL DESCRIPTION R -1 (FROM R -3) BEING A PORTION OF PARCEL "B" OF LOT LINE ADJUSTMENT No. 41 -06 PER CERTIFICATE OF COMPLIANCE RECORDED ON SEPTEMBER 1, 2006 AS DOCUMENT No. 0206218661, OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF SECTION 3 OF TOWNSHIP 30 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 89 027'59" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, A DISTANCE OF 1451.95 FEET TO THE CENTERLINE OF THE 210 -FT WIDE PROPOSED WESTSIDE PARKWAY ALIGNMENT AS ADOPTED BY THE CITY OF BAKERSFIELD CITY COUNCIL BY RESOLUTION No. 324- 04 ON DECEMBER 15, 2004 AND BY RESOLUTION No. 322 -06 ON DECEMBER 13, 2006, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING EIGHT (8) COURSES: 1) CONTINUING SOUTH 89 027'59" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, A DISTANCE OF 915.50 FEET TO THE EAST LINE OF THE 210 -FT WIDE PROPOSED WEST BELTWAY ALIGNMENT AS ADOPTED BY THE CITY OF BAKERSFIELD CITY COUNCIL BY RESOLUTION No. 043 -04 ON FEBRUARY 25, 2004; THENCE 2) SOUTH 00 °3543" WEST, ALONG THE EAST LINE OF SAID 210 -FT WIDE PROPOSED WEST BELTWAY ALIGNMENT, A DISTANCE OF 1528.77 FEET, THENCE 3) DEPARTING THE EAST LINE OF SAID 210 -FT WIDE PROPOSED WEST BELTWAY ALIGNMENT, SOUTH 79 °20'45" WEST, A DISTANCE OF 440.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 2000.00 FEET; THENCE 4) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 39 °40'08 -1 AN ARC LENGTH OF 1384.71 FEET; THENCE 5) NORTH 60 059'07" WEST, A DISTANCE OF 270.04 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1500.00 FEET; THENCE 6) NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03 019'10 "1 AN ARC LENGTH OF 86.90 FEET TO THE CENTERLINE OF SAID PROPOSED WESTSIDE PARKWAY ALIGNMENT, SAID CENTERLINE BEING THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 5000.00 FEET, A RADIAL TO WHICH BEGINNING OF CURVE BEARS SOUTH 41 020'44" EAST; THENCE 7) NORTHEASTERLY ALONG SAID CURVED CENTERLINE PARKWAY ALIGNMENT, THROUGH A CENTRAL ANGLE OF 477.16 FEET, THENCE OF THE PROPOSED WESTSIDE ° "'""" -- 05 2 8) CONTINUING ALONG SAID CENTERLINE OF THE PROPOSED WESTSIDE PARKWAY ALIGNMENT, NORTH 43 011'12" EAST, A DISTANCE OF 1233.66 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AND THE POINT OF BEGINNING. CONTAINING 54.154 GROSS ACRES (42.840 NET ACRES), MORE OR LESS. KMC >U.-IStockdaAe RanchlGPA ZC- 13- 01271ZC- 130177 Exhlblt A- Revised obor Page 2 of 2 160 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. 4757, 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 AT THE SOUTHEAST CORNER OF STOCKDALE HIGHWAY AND HEATH ROAD (GPA/ZC NO. 13- 0127). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: X1 , (PLO DEP,V City Clerk S: \DOC U M EN'RFORMSW OP.ORD.wpd v o ORIGINAL