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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. Page 1 of 3 � bNKF9 c s� L 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. 000- -- Page 2 of 3 gAK F9� _r m U p 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— � d� Z-4 //46 i = rz 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 Page 3 of 3 o4 ®AK, 9q m CD t- r v ORIGINAL. z z 0 N r N T- m G) ><v 1LJ 0 z Z W Zd 0` N� a 5 q M . R a w 1 x c� 3 a z a 6 n: a 3 ci ^O! tlC gAKF v o ORIGINAL EXHIBIT "B" Pape 1 of 2 fow prope q In ft ay of ems, C d mm sacs of CHslimft deer lbI ar to ws: BEING A PORTIOM OF LOT 1 OF GOT Lm AQA14t *W N0. 050550, AS SWENM BY THAT +t RTAM CERTMTE OF WMR14NM RfilWWED OC"ii M 24, 20S AS DOCXMVT N0. OXW34020 OF 0111"M411. REOORDS, BAN THB OFP>ICE OFTHE KBW CJDIMMTY RECD OER. ALSO N= A PORTION OF SEWN 17, TOWWW 295OUTH, RANGE m EMP, M.O.My City OF FmLoft UMMA, C OLKfY OF MR, STATE OF CAlff mak MORE PAiCMU AILLY DESWIM AS WMMMNG AT THE WEST Q,11U,TER CORNER OF SAID SW"ON, MARKED BY A 2 BYCH MON PPE WITH PENNY BRWSS TAO MARKED IS 4383" PER PAM MAP N0. 11013, MID FOR R=W IN PARCIM. MAP UM 53, PAGES 130THROM 146, M THE OFFIM OF11HE KERN CO Xrf !' WORD81, MON W4KH P0W THE SOUtWlEST CORNER, OF SAID SCTION BEARS =M 00° 2S' W WMr, THENCE WWH S2' 20' Sr tti1ST, A DISTANCE OF 25 5.21 PEETTO THW CENTMW OF CITY HRW MVF, AS SHOWN ON SAID PAR M MAP; THENCE SOUTH S3' 3Y SD• &W, A DISTANCE OF 45.00 NET TO THE POINT OF WMNNV4 SAID POINT A190 BE>!NG THE SNNi<YG CIF A NQM-TMMM C7UlM CONCAVE NORTHWl FMLY, HAVING A MM5 OF 21D05.00 WT, FROM WHICH PCWIYA RAWAL LUE BEARS NORTH 33' 38" W WEST, SAID POINT ALSO BEING ON THE SOUTHEASTERLY RIWO WAY LINE OF CITY HlW OWE; THENCE AUM THE FOUVWM MEN M OOU ja 1) NORTHEA5TWY ALONG SAID C1M AND SAID SOUTHPASI WY RIGHT -ORWAY LIM THRMM A CEMTHML ANGi,E OF it lg 52", AN ARIL 01.STANC;E OF GS1.A9 PEIWT; THENCE 2) DWAfC W SAID SDUTHEASTtBU.Y R ff'CF -WAY W*t NORTH Gr Zr 4(" EAST, A =TANCE OF 27.% FLE'I; THBNCIr 3) MM 73` IV Sr EAST, A DWANCE OF 580.13 FEET TO THE BELD WNG Of A aJRVR, CONCAVE SOUTHMVEStMY, HAVING A RADr B OF 20:05 FS`, THENCE � LSOO � THE BEIRNM OF A cowAVE � ARC NORIMAN SiLM LY, HAYIMG A RADIUS OF 251LW FES) 7HENM 5) SOURIWESi'MY ALONG SAID CURVE, INUR iF# A CIENnK ANGLE OF 2V 14' 33•, AN ARC OWAM OF 588.E FElT; THENCE 0 NORTH S3' 0!Y 33" WEST, A DWANM OF 591.19 FELT; THENCE 7) NORTH 0M 27 it WEST, A DISTANCE OF 28.15 FEIrTTO YK POINT OF HBGINNM EC&I INEIIIIISPROM: (1) ALL Mo GAS AND 07M H DROCAi"Got NON - HYDROCARBON QM ]OR QMW S SUBSTANCE; ALL CIM HN>INM OF WHATSOEVER NATURE; WM O,R RStiARD TO St OARM 10 THE NIOYE'MBMOM SUBSTAKU% AND ALL SUBSTANCES TWIT MAY BE MMM lHERLMM FROM THE PROPERTY; WWft nAM &� EHBRACINQ iDU STUM, HOT WAIM AND HOT GAS OR OM FUJIMS Y tN1i�iUDUC®INTO SUBSURFACE FORMA PROM WATER, 'BONS,; HEAT l<�AKF9 7 y. m 1. r U O ORIGINAL EXHIBIT "B" Page 2 42' OR THE ASSOCIAM DOW MUN6 MM-M W SURFACE OF IM VMVt AM ff- WAV=S0F ANY 0FWFOMGOM:SUCM ASHMIRALS(MMKOFULOR KVMWUWAMGU THAT CMUSMWMY PRODUCED) WMM ARE FOUND INSCWMN 0RAMCKTMNWfTH0RDERM FROM ANY 0f' THE fORMMW4 AM M THE MEAWM=MMRMTMMTMJU TINE ,mWMORMLAOMWAIN WELLS MOD Onl9tWORKS MM MDTIHMMH THE MMM AND AWom mUff, MMS AND MWAYS KWW A MM OF RYE KAMM flEff PM IMM IM gjon 1M9tWP MR 70 PURPOSE OF OWUXM FOR AND PRODUCM 99 R REWURCM,* THE MW TO PRODUCE, DOMT, MME AM AMM FROM AND THROUGH SAID GO M, WELLS OR WORK% C46 CK WATER, AND QM SUKrMCM OF WHATEVER NA7URF; AND THE RMHrlO PMOM MM SAID MM MY AND ALL OPMTXMS DEMM NBCMW OR MNYOMW FOR THE bQS1G51 OF SUCH RIWM $5 R"MVM By CHOWN U.S.A. INC., A POMIMM OMMMM IN DEED RMM DMMElt 77,1996 AS VISIRLMF No. 96.145219 Of OFFICIAL RSMRDS. AM 531-032-040" § 'bNK,��q I 1p, 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 `gAKF9 � fil F- t- v � OHIGINAL