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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. --- - - - - -- 000--- - - - - -- Page 1 of 2 AKF9s � m r v o 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 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 Page 2 of 2 o��AK�9s ti v o ORIGINAL Exhibit A Zone Change location Map o��AKF9,� s U � ORIGINAL rl CY co O N H co W O N cr cn O 'T^ L N O M T (W V z a U w z 0 N d 2 OD ( t� 0 7 cc o w O °O co R! o N s' rn cp � N _O O �? G u: o� r V O ORIGINAL Exhibit B Zone Change legal Description o��AKF� s > m � r v o ORIGINAL 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 gAK, 9q T � r U � ORIGINAL 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 o11 �0AKF9�'c� U O ORIGINAL 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 cros 661 - 834 - 4814.661- 834 -0972 2001 W heelan Court " Bakersfield, CA 93309 P:\PROJECTS\13006.00\Legals\13006ZC_revised.docx �,pN D V� 0 ROGER A. A1c.INTOSH :0. 383 �. _f 5 ,-3 s.44../aP OF CNL o��AKF9.r s > m r r- v o 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 P, K' 9q r U p ORIGINAL