HomeMy WebLinkAboutORD NO 4764ORDINANCE NO. 4764
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED
BETWEEN HIGHWAY 178 AND HIGHLAND KNOLLS DRIVE, WEST
OF MORNING DRIVE (GPA /ZC NO. 13- 0251).
WHEREAS, McIntosh & Associates for Mt. Vernon Properties, LLC filed an
application with the City of Bakersfield Community Development Department
requesting to change the zone district from R -1 (One Family Dwelling) to CO
(Professional and Administrative Office) and C -2 (Regional Commercial)on 56.66 acres
located between Highway 178 and Highland Knolls Drive, west of Morning Drive (the
"Project "); and
WHEREAS, the Planning Commission held a public hearing on December 5, 2013,
and approved Resolution No. 56 -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. 56 -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 MAR 0 5 2014
by the following vote:
COUNCILMEMBERRIVERA, MAXWELL,
NOES- COUNCILMEMBER SMITH, HAN ON, SULLIVAN, JOHNSON
/VaY�Q_
C—ABS175P COUNCILMEMBER
NT: COUNCILMEMBER
ROBERTA GAFFORD,
CITY CLERK and Ex O i io Clerk of the
Council of the City of Bakersfield
APPROVED MAR 0 5 201 q ,f
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA ,- GENNARO
City Att r y
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
By: DLS: \GPAs \GPA 1st 2014\ 13-0251 \Res Ord \RES CC ZC Ordinance 13- 0251.doc
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Exhibit A
Zone Change location Map
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Exhibit B
Zone Change legal Description
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EXHIBIT "A"
ZONE CHANGE
LEGAL DESCRIPTION
AREA NO.1 - PROPOSED C -2 (FROM R -11
BEING PARCEL "A" OF LOT LINE ADJUSTMENT NO. 08 -1375, ACCORDING TO THAT CERTAIN
CERTIFICATE OF COMPLIANCE RECORDED JANUARY 14, 2009 AS DOCUMENT NO. 0209005106,
OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A
PORTION OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 28
EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 24, MARKED BY A 4 INCH IRON
PIPE AND CAP STAMPED FOR SECTION CORNER PER FILED MAP NO. 7 -1, BOOK 6, PAGE 111,
FILED IN THE OFFICE OF THE KERN COUNTY SURVEYOR; THENCE SOUTH 00 "34'39" WEST,
ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 24, A DISTANCE OF
1,937.37 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHEAST
CORNER OF SAID PARCEL "A "; THENCE ALONG THE FOLLOWING FIFTEEN (15) COURSES:
1) SOUTH 00 °34'39" WEST, CONTINUING ALONG SAID EAST LINE, A DISTANCE OF 711.02
FEET; THENCE
2) DEPARTING SAID EAST LINE, SOUTH 89 "55'35" WEST, A DISTANCE OF 264.61 FEET TO
THE BEGINNING OF A CURVE, CONCAVE NORTH, HAVING A RADIUS OF 1,500.00 FEET;
THENCE
3) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16 °34'45 ", AN ARC
DISTANCE OF 434.04 FEET; THENCE
4) NORTH 73 °29'40" WEST, A DISTANCE OF 1,386.23 FEET; THENCE
5) NORTH 16 °30'20" EAST, A DISTANCE OF 45 FEET; THENCE
6) NORTH 61'30'20" EAST, A DISTANCE OF 28.28 FEET; THENCE
7) NORTH 16'30'20" EAST, A DISTANCE OF 11.37 FEET TO THE BEGINNING OF A CURVE,
CONCAVE SOUTHEAST, HAVING A RADIUS OF 530.00 FEET; THENCE
8) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 29'3628 ", AN ARC
DISTANCE OF 273.72 FEET; THENCE
9) NORTH 46'0547" EAST, A DISTANCE OF 216.42 FEET; THENCE
10) SOUTH 43'54'13" EAST, A DISTANCE OF 60.00 FEET; THENCE
11) SOUTH 49'49'35" EAST, A DISTANCE OF 140.53 FEET; THENCE
12) SOUTH 66'11'37" EAST, A DISTANCE OF 70.00 FEET; THENCE
13) SOUTH 77'40'19" EAST, A DISTANCE OF 70.00 FEET; THENCE
14) SOUTH 87'50'49" EAST, A DISTANCE OF 70.00 FEET; THENCE
15) SOUTH 89'25'21" EAST, A DISTANCE OF 1,340.24 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,123,750 SQUARE FEET OR 25.80 ACRES, MORE OR LESS.
P: \PROJ ECTS\ 13006.00 \Lega Is \130067.C_revised.docx
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EXHIBIT "A"
ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUED)
AREA NO.2 - PROPOSED C-0 (FROM R -1)
BEING A PORTION OF PARCEL "B" OF LOT LINE ADJUSTMENT NO. 08 -1375, ACCORDING TO
THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED JANUARY 14, 2009 AS DOCUMENT
NO. 0209005106, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO
BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH,
RANGE 28 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 24, MARKED BY A 4 INCH
IRON PIPE AND CAP STAMPED FOR SECTION CORNER PER FILED MAP NO. 7 -1, BOOK 6, PAGE
111, FILED IN THE OFFICE OF THE KERN COUNTY SURVEYOR; THENCE SOUTH 00 °25'39' WEST,
ALONG THE MID - SECTION LINE OF SAID SECTION 24, A DISTANCE OF 634.48 FEET TO THE
POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL
"B "; THENCE ALONG THE FOLLOWING NINETEEN (19) COURSES:
1) SOUTH 88 °18'44" EAST, A DISTANCE OF 4.80 FEET; THENCE
2) NORTH 82 °23'55" EAST, A DISTANCE OF 201.92 FEET; THENCE
3) NORTH 89 °47'22" EAST, A DISTANCE OF 589.77 FEET; THENCE
4) SOUTH 00 °3745" WEST, A DISTANCE OF 153.99 FEET; THENCE
5) SOUTH 89 °22'15" EAST, A DISTANCE OF 54.12 FEET; THENCE
6) SOUTH 00 °41'42" WEST, A DISTANCE OF 60.00 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 20.00 FEET, FROM
WHICH POINT A RADIAL LINE BEARS SOUTH 00 °37'45" WEST; THENCE
7) SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 81-47,12-, AN
ARC DISTANCE OF 28.55 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WEST, HAVING A RADIUS OF 330.00 FEET; THENCE
8) SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13 °2947 ", AN ARC
DISTANCE OF 77.73 FEET; THENCE
9) SOUTH 22 °20'20" WEST, A DISTANCE OF 57.66 FEET; THENCE
10) SOUTH 67 °3940" EAST, A DISTANCE OF 222.55 FEET; THENCE
11) SOUTH 00 °41'42" WEST, A DISTANCE OF 656.30 FEET; THENCE
12) SOUTH 46 °05'47" WEST, A DISTANCE OF 255.19 FEET; TO THE BEGINNING OF A CURVE,
CONCAVE SOUTHEAST, HAVING A RADIUS OF 530.00 FEET; THENCE
13) SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 29 °35'28 ", AN
ARC DISTANCE OF 273.72 FEET; THENCE
14) SOUTH 16 °30'20" WEST, A DISTANCE OF 11.37 FEET; THENCE
15) SOUTH 61 °30'20" WEST, A DISTANCE OF 28.28 FEET; THENCE
P; \PROJECTS\ 13006 .00 \Legals \13006ZC_revlsed.docx
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EXHIBIT "A"
ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUED)
16) SOUTH 16 "30'20" WEST, A DISTANCE OF 45.00 FEET; THENCE
17) NORTH 73 °2940" WEST, A DISTANCE OF 80.10 FEET TO THE BEGINNING OF A CURVE,
CONCAVE SOUTH, HAVING A RADIUS OF 1,500.00 FEET; THENCE
18) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21-15'15', AN ARC
DISTANCE OF 556.43 FEET; THENCE
19) NORTH 00 "25'39" EAST, ALONG SAID MID - SECTION LINE A DISTANCE OF 1,468.05 FEET
TO THE POINT OF BEGINNING.
CONTAINING 1,344,476 SQUARE FEET OR 30.86 ACRES, MORE OR LESS.
L.S. 4383
EXPIRES 9 -30 -13
M
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661 - 834 - 4814.661- 834 -0972
2001 W heelan Court " Bakersfield, CA 93309
P:\PROJECTS\13006.00\Legals\13006ZC_revised.docx
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ORIGINAL
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 7th day of March, 2014 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4764, passed by the
Bakersfield City Council at a meeting held on the 5th day of March, 2014 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 BETWEEN
HIGHWAY 178 AND HIGHLAND KNOLLS DRIVE, WEST OF MORNING
DRIVE (GPA/ZC NO. 13- 0251).
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: / ' kj� , k
SADOCUMENIIFORMSWOP.ORD.wpd DEP TY Cityv, Jerk
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