HomeMy WebLinkAboutORD NO 4766ORDINANCE NO. 4766
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED
SOUTH OF SEVENTH STANDARD ROAD, BETWEEN THE FUTURE
ALLEN ROAD AND FUTURE JEWETTA AVENUE. (GPA /ZC NO. 13-
0323).
WHEREAS, McIntosh & Associates for Urban Land Advisors, LLC, filed an
application with the City of Bakersfield Community Development Department
requesting to change the zone district from A (Agriculture) and E (Estate) to R -1 (One
Family Dwelling) on 130.30 acres located south of Seventh Standard Road, between
the future Allen Road and future Jewetta Avenue (the "Project "); and
WHEREAS, the Planning Commission held a public hearing on December 5, 2013,
and approved Resolution No. 62 -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. 62 -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 ado ppted by the
Council of the City of Bakersfield at a regular meeting held on MAR 0 5 2U14
by the following vote:
•
AY
COUNCILMEMBER
NOES:
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Offici Clerk of the
Council of the City of Bakersfield
APPROVED MAR 0 5 2014
HARVEY L. HAIL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City At ney
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
BY: CG \ S: \GPAs \GPA 1st 2014 \13 - 0323 \Reso - Ord \RES CC ZC Ordinance 13- 0323.docx
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Exhibit A
Zone Change Location Map
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Exhibit B
Zone Change Legal Description
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ZONE CHANGE
LEGAL DESCRIPTION
BEING THOSE PORTIONS OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 26
EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE UNINCORPORATED AREA
OF THE COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PROPOSED R -1 (FROM A)
PARCELS 2, 3 AND 4 OF PARCEL MAP NO. 11953 FILED JANUARY 18, 2012 IN
BOOK 58 OF PARCEL MAPS AT PAGES 172 THROUGH 174, IN THE OFFICE OF
THE KERN COUNTY RECORDER.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 4, THENCE ALONG
THE FOLLOWING FOUR (4) COURSES:
1) NORTH 00 °10'29" WEST, ALONG THE WESTERLY LINE OF SAID PARCEL, A
DISTANCE OF 146.13 FEET; THENCE
2) DEPARTING SAID WESTERLY LINE, NORTH 89 °55'04" EAST, A DISTANCE OF
895.66 FEET; THENCE
3) SOUTH 00 °07'13" EAST, A DISTANCE OF 145.80 FEET TO THE SOUTHERLY
LINE OF SAID PARCEL; THENCE
4) SOUTH 89 °53'48" WEST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF
895.52 FEET TO THE POINT OF BEGINNING.
CONTAINING 127.30 (GROSS) ACRES, MORE OR LESS.
PROPOSED R -1 (FROM E)
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 4 OF PARCEL MAP NO. 11953
FILED JANUARY 18, 2012 IN BOOK 58 OF PARCEL MAPS AT PAGES 172
THROUGH 174, IN THE OFFICE OF THE KERN COUNTY RECORDER, THENCE
ALONG THE FOLLOWING FOUR (4) COURSES:
1) NORTH 00 °10'29" WEST, ALONG THE WESTERLY LINE OF SAID PARCEL, A
DISTANCE OF 146.13 FEET; THENCE
2) DEPARTING SAID WESTERLY LINE, NORTH 89 °55'04" EAST, A DISTANCE
OF 895.66 FEET; THENCE
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ORIGINAL
ZONE CHANGE
LEGAL DESCRIPTION
PROPOSED R -1 (FROM E) - CONTINUED
3) SOUTH 00.0713" EAST, A DISTANCE OF 145.80 FEET TO THE SOUTHERLY
LINE OF SAID PARCEL; THENCE
4) SOUTH 89 °53'48" WEST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF
895.52 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.00 (GROSS) ACRES, MORE OR LESS.
JEFFREY Q MARTIN
L.S. 5798
EXPIRES 6 -30 -14
MCINTOSH
&AssocLA-ms VAN ;
661 - 834 -4814 • 661 -834 -0972
2001 Wheelan Court • Bakersfield, CA 93309
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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. 4766, 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 SOUTH OF
SEVENTH STANDARD ROAD, BETWEEN THE FUTURE ALLEN ROAD
AND FUTURE JEWETTA AVENUE. (GPA/ZC NO. 13- 0323).
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEP City I le
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