HomeMy WebLinkAboutORD NO 4769ORDINANCE NO. 4769
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE ADOPTING A NEW ORDINANCE TO UPDATE
PREVIOUSLY APPROVED ZONE CHANGE 07 -2098 LOCATED
WITHIN THE RIVERWALK COMMERCIAL CENTER PROJECT AT
10100 -11200 STOCKDALE HIGHWAY (ZC NO. 14- 0061).
WHEREAS, McIntosh & Associates for Castle & Cooke Commercial -CA, filed an
application with the City of Bakersfield Community Development Department
requesting a Zone Change to adopt a new ordinance, without conditions, to update
previously approved Zone Change 07 -2098 on 47.65 -acres located within the Riverwalk
Commercial Center project at 10100-11200 Stockdale Highway (the "Project "); and
WHEREAS, the Planning Commission held a public hearing on March 6, 2014, and
approved Resolution No. 12 -14, which recommended that the City Council approve
the Project; and
WHEREAS, the Riverwalk Commercial Center Environmental Impact Report (EIR)
certified on August 22, 2001, and incorporated by reference, documents that this zone
change is a later project that will not have a significant effect. Based upon an initial
environmental assessment, staff has determined the proposed project will not
significantly effect the environment, and pursuant to CEQA Guidelines Section 15162
the EIR certified for this project is adequate and no further environmental
documentation is necessary; and
WHEREAS, the laws and regulations relating to the preparation and adoption of
Environmental Imapct Reports as set forth in CEQA, the State CEQA Guidelines, and the
City of Bakersfield CEQA Implementation Procedures, have been duly followed by city
staff and the Planning Commission; and
WHEREAS, the City Council considered all facts, testimony, and evidence
concerning the Project, including the staff report, 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. 12 -14
are hereby adopted.
2. The Final EIR for GPA /ZC No. 00 -0291, certified by the City Council on
August 22, 2001, adequately addresses the potential environmental
impacts of the Project. ONKF
9' ,
Page 1 of 3 M
v o
ORIGINAL
3. Title 17 of the Municipal Code of the City of Bakersfield is hereby amended
by adopting a new ordinance, without conditions and consistent with
current City practices, to update previously approved Zone Change 07-
2098, 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 --- - - - - --
s
>- m
Page 2 of 3 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 MAY 2 1 2014
by the following vote:
ZAYE;S��'COUNCILMEMBERRIVERRA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
S. COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
ROBERTA GAFFORD,
CITY CLERK and Ex O fi Io Clerk of the
Council of the City of Bakersfield
APPROVED MAY 2 12014
HARVEY L. HALL
MAYOR of the City of Bakersfi
APPROVED as to form:
VIRGINIA GENNARO
City Attor y
By: k z "" —
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
By: DL \ S: \GPAs \GPA 2nd 2014\ 14-006 1 \Res Ord \RES CC ZC Ordinance.docx
Page 3 of 3
oIk�PKF9�r
F- r
J �
OAIQIIVAL_
Exhibit A
Zone Change Location Map
ok�AK�9`�' -c�
I- r
t1 O
ORIGINAL
T
I
T
rw
V
Z
T�
1
U
w
Z
O
N
w
> m
F- r
`v
ORIGINAL
Exhibit B
Zone Change Legal Description
0 Ik0PK�9� -r
>- m
F- r
ORIGINAL
ZONE CHANGE
LEGAL DESCRIPTION
C -2 TO C -2 PCD
BEING A PORTION OF THE NORTH HALF OF SECTION 8, TOWNSHIP 30 SOUTH,
RANGE 27 EAST AND THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP
29 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 2 OF LOT LINE
ADJUSTMENT NO. 07-0104, AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED JULY 31, 2007 AS DOCUMENT NO. 0207157859 OF
OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER;
THENCE ALONG THE FOLLOWING SIXTY-SIX (66) COURSES:
1) SOUTH 89 °09'41" EAST, ALONG THE NORTHERLY LINE OF LOTS 2 AND 1
OF SAID LOT LINE ADJUSTMENT, A DISTANCE OF 850.00 FEET TO AN
ANGLE POINT IN THE NORTHERLY LINE OF SAID LOT 1; THENCE
2) NORTH 45 "53'01" EAST, ALONG NORTHERLY LINE OF SAID LOT 1, A
DISTANCE OF 461.68 FEET; THENCE
3) NORTH 05 °59'02" WEST, CONTINUING ALONG SAID NORTHERLY LINE, A
DISTANCE OF 184.75 FEET TO ANGLE POINT IN SAID LINE; THENCE
4) SOUTH 84'08'30" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A
DISTANCE OF 44.24 FEET TO ANGLE POINT IN SAID LINE; THENCE
5) NORTH 84'00'58" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A'
DISTANCE OF 88.08 FEET TO ANGLE POINT IN SAID LINE; THENCE
6) NORTH 01.48'23" WEST, CONTINUING ALONG SAID NORTHERLY LINE, A
DISTANCE OF 104.68 FEET TO ANGLE POINT IN SAID LINE; THENCE
7) NORTH 86.35'21" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A
DISTANCE OF 841.88 FEET TO ANGLE POINT IN SAID LINE; THENCE
8) NORTH 81.5445" EAST, CONTINUING ALONG SAID NORTHERLY LINE
AND ALONG THE NORTHERLY LINE OF PARCEL MAP NO. 10522 UNIT 1,
FILED FOR RECORD IN BOOK 53 OF PARCEL MAPS AT PAGES 175 -177 IN
THE OFFICE OF THE KERN COUNTY RECORDER, A DISTANCE OF
1,352.74 FEET TO THE WESTERLY RIGHT -0F -WAY (RIW) LINE OF
GALLOWAY DRW THENCE
9) DEPARTING SAID NORTHERLY LINE, SOUTH 13 °31 -10" EAST, ALONG THE
SAID WESTERLY RIW LINE, A DISTANCE OF 42.23 FEET; THENCE
10) SOUTH 13 °31'17" EAST, CONTINUING ALONG SAID WESTERLY RAW LINE,
A DISTANCE OF 43.83 FEET; THENCE
11) SOUTH 09 °3T28" EAST, CONTINUING ALONG SAID WESTERLY RAW LINE,
A DISTANCE OF 120.38 FEET; THENCE
12) SOUTH 14 °23'21" EAST, CONTINUING ALONG SAID WESTERLY RAW LINE,
A DISTANCE OF 188.41 FEET TO THE NORTHERLY RIW LINE OF
STOCKDALE HIGHWAY; THENCE
13) SOUTH 30 °37 -20" WEST, ALONG SAID NORTHERLY RNV LINE, A
DISTANCE OF 42.49 FEET; THENCE
Q: IPROJECTS0069REGALSUMEM11JC.doo GCWM 602008
> m
1- r
v O
ORIGINAL
EXHIBIT I'M
ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUED)
14) SOUTH 75 °37'55" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 33.29 FEET; THENCE
15) SOUTH 81 °08'27" WEST, CONTINUING ALONG SAID NORTHERLY RIW
LINE, A DISTANCE OF 135.42 FEET, THENCE
18) SOUTH 75 °37'55" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 50.73 FEET; THENCE
17) SOUTH 75 °37'19" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 72.89 FEET; THENCE
18) SOUTH 72 °09'22" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 66.44 FEET, THENCE
19) NORTH 62 °50'38" WEST, CONTINUING ALONG SAID NORTHERLY RIW
LINE, A DISTANCE OF 18.38 FEET; THENCE
20) SOUTH 72 °09'22" WEST, CONTINUING ALONG SAID NORTHERLY RAW
LINE, A DISTANCE OF 37.27 FEET; THENCE
21) SOUTH 28'41'43" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A,DISTANCE OF 38.48 FEET; THENCE
22) SOUTH 71'12'58" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 231.35 FEET TO THE BEGINNING OF A NON-
` TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
1,161.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH
18.48'07" EAST; THENCE
23) SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY RIW LINE, THROUGH A CENTRAL ANGLE OF 09'40'38 ", AN
ARC DISTANCE OF 196.08 FEET; THENCE
24) SOUTH 85'28'4(" WEST, CONTINUING ALONG SAID NORTHERLY RAW
LINE, A DISTANCE OF 93.54 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
1,170.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH
33'01'13" EAST; THENCE
25) SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 06'2513 ", AN
ARC DISTANCE OF 131.33 FEET; THENCE
28) NORTH 65 °1x08" WEST, CONTINUING ALONG SAID NORTHERLY RIW
LINE, A DISTANCE OF 18.18 FEET; THENCE
27) SOUTH 49°0811" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 37.42 FEET; THENCE
28) SOUTH 03'OT40" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 32.70 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
1,181 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 43 001'27"
EAST; THENCE
29) SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 00'14'31 ", AN
ARC DISTANCE OF 2.45 FEET, THENCE
Q:\ PROJECTS M80883\LEOALS \0693EM11.rZC.dx OC/JM 6/812000
>- m
F- r
v �
ORIQINAI
EXHIBIT "A"
ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUER)
30) SOUTH 48 °44'02" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 350.18 FEET; THENCE
31) SOUTH 52 °59'52" WEST, CONTINUING ALONG SAID NORTHERLY R/W
LINE, A DISTANCE OF 92.00 FEET; THENCE
32) SOUTH 48 °44'02" WEST, CONTINUING ALONG SAID NORTHERLY R/W
LINE, A DISTANCE OF 129.94 FEET; THENCE
33) NORTH 88 "41'29" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 18.28 FEET; THENCE
34) SOUTH 45 °52'59" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 37.37 FEET; THENCE
35) SOUTH 01'18'31" WEST, CONTINUING ALONG SAID NORTHERLY R1W
LINE, A DISTANCE OF 31.30 FEET; THENCE
38) SOUTH 48 °44'02" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 224.79 FEET; THENCE
37) SOUTH 53'14'49" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 90.88 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
1,935.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH
42 020'58" WEST, THENCE
38) SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY R/W UNE, THROUGH A CENTRAL ANGLE OF 03 °37'27", AN
ARC DISTANCE OF 122.39 FEET; THENCE
39) NORTH 88'39'27" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 28.80 FEET; THENCE
40) SOUTH 49'43'35" WEST, CONTINUING ALONG SAID NORTHERLY R/W
LINE, A DISTANCE OF 80.23 FEET; THENCE
41) SOUTH 05'09'28" WEST, CONTINUING ALONG SAID NORTHERLY R/W
LINE, A DISTANCE OF 30.34 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
1,948.04 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH
35'OTOS" WEST, THENCE
42) SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY RAW LINE, THROUGH A CENTRAL ANGLE OF 08920'52 ", AN
ARC DISTANCE OF 283.54 FEET; THENCE
43) SOUTH 70'5Y37" WEST, CONTINUING ALONG SAID NORTHERLY R/W
LINE, A DISTANCE OF 90.59 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF
1,938.04 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH
24'08'47" WEST; THENCE
44) WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY RAW LINE, THROUGH A CENTRAL ANGLE OF 03 "4741 , AN
ARC DISTANCE OF 128.22 FEET; THENCE
45) NORTH 64'4729" WEST, CONTINUING ALONG SAID NORTHERLY R/W
LINE, A DISTANCE OF 18.54 FEET; THENCE
Q:I PROJECTS %BN931LEGALSW893EM11rZC.doo OC /JM 5/812005
s
� r
v o
ORIGINAL
EXHIBIT "A"
ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUED)
46) SOUTH 70.43'49" WEST, CONTINUIN(A ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 37.15 FEET; THENCE
47) SOUTH 28'14'58" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 32.74 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF
1,948.04 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH
18.08'29" WEST; THENCE
48) WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY R/W LINE, THROUGH A CENTRAL ANGLE OF 0504431 ", AN
ARC DISTANCE OF 195.02 FEET, THENCE
49) SOUTH 85'18'55" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 90.29 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF
1,938.04 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH
09.4501" WEST, THENCE
50) WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 03.464(r, AN
ARC DISTANCE OF 128.78 FEET; THENCE
51) NORTH 50'23'19" WEST, CONTINUING ALONG SAID NORTHERLY RIW
LINE, A DISTANCE OF 32.75 FEET; THENCE
52) SOUTH 85'10'51" WEST, CONTINUING ALONG SAID NORTHERLY R/W
LINE, A DISTANCE OF 54.00 FEET, THENCE
53) SOUTH 04'49'09' EAST, CONTINUING ALONG SAID NORTHERLY R/W
LINE, A DISTANCE OF 8.49 FEET, THENCE
54) SOUTH 41'38'48" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 33.39 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF
1,940.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH
02'02'12" WEST; THENCE
55) WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 05'22'49", AN
ARC DISTANCE OF 182.17 FEET, THENCE
58) NORTH 81 °21'57" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 196.95 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF
1,931.04 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH
08'14'51" EAST; THENCE
57) WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
NORTHERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 05'2T42", AN
ARC DISTANCE OF 184.07 FEET; THENCE
58) NORTH 29 °3948" WEST, CONTINUING ALONG SAID NORTHERLY RNV
LINE, A DISTANCE OF 43.63 FEET TO THE EASTERLY RNV LINE OF
BUENA VISTA ROAD; THENCE
59) NORTH 18'59'55" EAST, ALONG SAID EASTERLY R/W LINE, A DISTANCE
OF 54.35 FEET; THENCE
QV ROJECT818806931EGALS10893EM11_ZC.doo GC/JM 6/8/2008
O��AKF9.�
►= r
v o
ORIGINAL
EXHIBIT "A"
ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUEDI
60) NORTH 23'20'20" EAST, CONTINUING ALONG SAID EASTERLY RNV LINE,
A DISTANCE OF 90.55 FEET; THENCE
61) NORTH 18'595W EAST, CONTINUING ALONG SAID EASTERLY RIW LINE,
A DISTANCE OF 72.00 FEET; THENCE
82) NORTH 81'59'55" EAST, CONTINUING ALONG SAID EASTERLY RNV LINE,
A DISTANCE OF 28.28 FEET; THENCE
63) NORTH 21'32!47" EAST,. CONTINUING ALONG SAID EASTERLY RNV LINE,
A DISTANCE OF 88.21 FEET, THENCE
84) NORTH 43'10'48" WEST, CONTINUING ALONG SAID EASTERLY RIW LINE,
A DISTANCE OF 19.89 FEET TO THE BEGINNING OF A NON - TANGENT
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 73.00 FEET,
FROM WHICH POINT A RADIAL LINE BEARS SOUTH 78'38'33" WEST;
THENCE
65) NORTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
EASTERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 50.4118", AN
ARC DISTANCE OF 64.58 FEET TO THE WESTERLY LINE OF SAID LOT 2;
THENCE
68) NORTH 18059'55" EAST, ALONG SAID WESTERLY LINE, A DISTANCE OF
303.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 47.69 (NET) ACRES, MORE OR LESS.
WROJECTS18808931EGALS10893EM11 }C.dcc GC/JM 518/2008
.,.•�
Dv
McINTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield, CA 93309
(661) 894 -4614
O11 ro AKF T
s
J 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 22nd day of May, 2014 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4769, passed by the
Bakersfield City Council at a meeting held on the 21 st day of May, 2014 and entitled:
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING
AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL
CODE ADOPTING A NEW ORDINANCE TO UPDATE PREVIOUSLY
APPROVED ZONE CHANGE 07 -2098 LOCATED WITHIN THE
RIVERWALK COMMERCIAL CENTER PROJECT AT 10100 -11200
STOCKDALE HIGHWAY (ZC NO. 14 -0061)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DE City CleW
ok�AKF T
s
� r
V O
ORIGINAL