HomeMy WebLinkAboutORD NO 4786ORDINANCE NO. 1 3 D
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
DENYING THE APPEAL OF THE PLANNING COMMISSION'S
DECISION AND APPROVING AN AMENDMENT TO TITLE 17
OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE
ZONE DISTRICT LOCATED ON THE EAST SIDE OF CITY HILLS
DRIVE BETWEEN GARDEN PARK DRIVE AND KUMA WAY.
(ZC NO. 14- 0132).
WHEREAS, the City of Bakersfield, property owner, filed an application with the
City of Bakersfield Community Development Department requesting to change the
zone district from a PUD (Planned Unit Development) to an R -1 /PUD (One Family
Dwelling / Planned Unit Development) zone on 11.32- acres, as shown in attached
Exhibit "A," (the "Project "); and
WHEREAS, Zone Change 14 -0132 is one of three components of a land exchange
proposal summarized in the memorandum from the City Attorney to the Planning
Commission, dated July 11, 2014, provided with the staff report submitted in support of
this resolution. The other two components are Vesting Tentative Tract Map 7266 on the
same property; and GPA /ZC 14 -0237 on 19.21 -acres located adjacent south of Mesa
Marin Sports Complex; and
WHEREAS, the Planning Commission held a public hearing on July 17, 2014, and
approved Resolution No. 36-14, which recommended that the City Council approve
the Project; and
WHEREAS, Heidi Carter - Escurdero filed an appeal to the Planning Commission's
recommendations regarding Zone Change No. 14 -0132; and
WHEREAS, the appeal was filed with the City Clerk on July 25, 2014 in
accordance with the Municipal Code; and
WHEREAS, the appellant stated she is affected by the Planning Commission's
decisions because she is an area resident; and
WHEREAS, the Clerk of the City Council set Wednesday, August 13, 2014 at 5:15
p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California,
as the time and place for a public hearing before the City Council to consider the
approval of the appeal, and notice of the public hearing was given in the manner
provided in the Bakersfield Municipal Code; and
WHEREAS, the City Council considered all facts, testimony, and evidence
concerning the Project, including the staff report, environmental review and the
Planning Commission's deliberation, and action; and
WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan.
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ORIGINAL.
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. 36 -14
are hereby adopted.
2. The Project is subject to mitigation measures found the adopted Negative
Declaration for the Project.
3. The appeal is denied.
4. The Project is hereby approved and 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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ORIGINAL
HEREBY CERTIFY that the foregoing Ordinance was passed anda�lon by the
Council of the City of Bakersfield at a regular meeting held on 1 U LU 1b4 ,
by the following vote:
FCOUNCILVEMSER RIVE RA, MAXWELL, WKIR, HANS<SUL 1VAN, JOHRSON
COUNCILMEMBER NQr4-
COUNCILMEMBER : COUNCILMEMBER iVCr%Q—
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ROBERTA GAFFORD, C
CITY CLERK and Ex O Icio Clerk of the
Council of the City of Bakersfield
APPROVED SEP 10 2014
HARVEY L. HALL
MAYOR of the City of
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
ANDREW HEGLUND
Deputy City Attorne
Exhibits: A Zone Change Map
B Legal Description
By: jeng\ 5: \ZoneChange \yr 2014\ 1 4-0132\CC\CC ZC Ordinance .docx
8/14/2014
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EXHIBIT "B"
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EXHIBIT "B"
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POMIMM OMMMM IN DEED RMM DMMElt 77,1996 AS VISIRLMF No.
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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 12th day of September, 2014 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4786, passed by the
Bakersfield City Council at a meeting held on the 10th day of September, 2014 and
entitled:
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL DENYING
THE APPEAL OF OF THE PLANNING COMMISSION'S DECISION AND
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED ON
THE EAST SIDE OF CITY HILLS DRIVE BETWEEN GARDEN PARK
DRIVE AND KUMA WAY. (ZC NO. 14 -0132)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPU City Clerk
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OHIGINAL