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Home My WebLink AboutORD NO 4787ORDINANCE NO. _ 4787 AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL DENYING THE APPEAL TO 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 BEDFORD GREEN DRIVE, BETWEEN STATE ROUTE 178 AND KERN CANYON ROAD (SR 184) (GPA/ZC NO. 14- 0237). WHEREAS, the City of Bakersfield Planning Department is requesting to change the zone district from R -2 /PUD (Limited Multiple Family Dwelling /Planned Unit Development) to RE (Recreation) on 19.21 acres located along the east side of Bedford Green Drive, between State Route 178 and Kern Canyon Road (SR 184) (the "Project'); and WHEREAS, the Planning Commission held a public hearing on July 17, 2014, and approved Resolution No. 41 -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 General Plan Amendment and Zone Change No. 14-0237; 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 was affected by the Planning Commission's decision because she is an area resident; 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. 41 -14 are hereby adopted. 2. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. Page 1 of 3 AK69 r- m v � OR1CiJN A!_ 3. The appeal is denied. 4. 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 2 of 3 O� 0 A KF,��r U C7 ORIGINAL, HEREBY CERTIFY that the foregoing Ordnance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on SEP 10 1014 , by the following vote: APPROVED SEP 10 HARVEY L HAIL MAYOR of the City of APPROVED as to form: VIRGINIA GENNARO City Att y By: ANDREW HEGLUND Deputy City Attorney ✓ ,,- / Vol ✓ We' ERA MAXWELL, WEIR, HANSON, SULLIVAN. JOHNSON ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Exhibits: A Zone Change Location Map B Legal Description By: DL \5 : \GPAs \GPA 3rd 2014 \14 -0237 \ResOrd \RB CC ZC Ordinance 14- 0237.docx Page 3 of 3 >- m v ORIGINAL Exhibit A Zone Change Location Map o��AKF9J' y "^ � m r v o ORIGINAL w rn N O = 9 ci 0 � g' d D ic O oa CCJJ) � ac o N U a O W 7 O " f) .- N ¢ i CC pc O U U U N � C ¢ 2 C lC G1 L 7 L E o OE U N N W Ir Er Ir CL 7 N cc cc CC "? cc cc 0 n p uw ~ N 7 ee cc � w co N N Mra �U U cc cc s > m F- r U � ORIGINAL M N O N 2 9 qt T CP� W s o a U w =' Z O N U N � C ¢ 2 C lC G1 L 7 L E o OE U N N W Ir Er Ir CL 7 N cc cc CC "? cc cc 0 n p uw ~ N 7 ee cc � w co N N Mra �U U cc cc s > m F- r U � ORIGINAL Exhibit B Zone Change Legal Description a``gAKF9� � m r U O ORIGINAL "MMLLC Property" Page 1 of 2 Real property In the CAY of BalaeWdd, County of l Gem, Sib of Calftyb, daMbed as bAon: LOT l OF LOT LINE AD3USTMENT NO. 05-028 AS PER CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 15, 2005 AS INSTRUMENT NO. 05-317776 OF OFFICIAL RECORDS GEM AN ADJUSTMENT OF PARCEL 6 OF PARCEL MAP WAIVER, NO. 040198 AS EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED MARCH 10, 2004 AS INSTRUMENT NO. 04-52738, OFFICIAL RECORDS AND RE-RECORDED APRIL 1, 2004 AS INSTRUMENT N0.0472384, OFFICIAL RECORDS AND THAT PARCEL OF LAND DESIGNATED AS "NOT A PART" OF PARCEL MAP WAIVER No. 11-99 AS EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED AUGUST 1, 1969 AS DOCUMENT PER SM 62%1 AT PAGE 544, OFFICIAL. RECORDS, BOTH IN THE OFFICE OF THE KERN COUNTY RECORDER. AL50 BEING A PORTION OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., IN THE CRY OF BAKERSFIEI.D, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL "A" OF SAID PARCEL MAP WAIVER NO. 11-W, THENCE ALONG THE FOLLOWING TEN (10) COURSES; 1) SOUTH 01 05777- WEST, A DISTANCE OF 14232 FEET; THENCE 2) SOUTH 8001033" EAST, A DISTANCE OF 128.83 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 284.00 FEET; THENCE 3) SOUTHEASTERLY ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF 6602P16", AN ARC DISTANCE OF 328.90 FEET; THENCE 4) SOUTH 1349'17- EAST, A DISTANCE OF 142.91 FEET; THENCE 5) SOUTH 59'50'15' EAST, A DISTANCE OF 127.15 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-O -WAY LINE OF STATE ROUTE VI-M -1B4; THENCE 6) SOUTH 46'S9.A4" WEST, ALONG SAID NORIHWERMY LINE, A DISTANCE OF 2,095.60 FEETTO THE SOUrHMIEST CORNER OF THE "NOT A PART OF SAID PARCEL MAP WAIVER NO. 11-89;THENCE 7) NORTH 00031W EAST, ALONG THE WEST LINE OF SAID "NOT A PART A DISTANCE OF 1,81937 FEET TO THE SOUTHWEST CORNER OF PARCEL "A" OF SAID PARCEL. MAP WAIVER NO. 11-W, THENCE 8) SOUTH 84'02'37- EAST, ALONG THE SOUTH LINE OF SAID PARCEL "A A DISTANCE OF 180.84 FEET; THENCE 9) NORTH 554358" EAST, CONTINUING ALONG SAID SOUTH LIVE, A DISTANCE OF 380.70 FEET; THENCE 10) SOUTH 890167W EAST, CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 528.18 FEET TO THE POINT OF BEGINNING. M(CEPTING THEREFtOM, ALL OR, GAS, M V* RALS AND OTHER HYDROCARBON SUBSTANCES WITHIN OR UNDERLYING SAID LAND, OR THAT MAY BE PRODUCED AND SAVED THEREFROM PROVIDING THAT THE GRANTORS„ THEIR SUCCE DRS AND ASSIGNS SHALL NOT CONDUCT DRILLING OR OTHER OPERATIONS UPON THE SURFACE OF SAID LAND, BUT NOTHING HEREIN CONTAINED SHALL BE DEEMED TO PREVENT THE C Wfl OR% THEIR SUCCESSORS AND ASSIGNS FROM EXTRACRNG OR CAPTURING SW MINERALS BY DRILLING ON ADJACENT OR NEIGHBORING LANDS AND/OR FROM CONDUCTING SUB - SURFACE DRILLING OPERATIONS UNDER SAID LANDS AT A DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND, SO AS NOT TO DISTURB THE SURFACE THEREOF OR ANY 94PROVEMEMM THEREON AS RESERVED BY DEEDS OF RECORD. Excepting that portion of said parcel previously conveyed to the City of Bakersfield on July 2, 2010 by Document # 02100087709 recorded In the Kam County Recorder's Offioe described on the following page. r- m v o ORIGINAL., "MMLLC Property' Page 2 of 2 • •_ • • ' -w•- •r •.. • •_ • • •• .• • • .1 Beginning at a point on the north One of sold Lot 1, sold point also being the Southeast comer of Parcel A• of Pwod Map Waiver 11-89 as recorded August 1. 1969 by Certificate of Conpiance per Book 6271 at Page 544 O.R. filed in the office of add Kern County Recorder. also being the Thm !bird d loow* p: thence along the f *NA-g thwteen courses: 1) South 01057'27' Wes, long the east One of said Lot 1, a dlstance of 142.32 feet: thence 2) South 80°10'39' East. a dMance of 128.83 feet song said east ire io the beginning of a tangent curve, concave southwesterly, having a radius of 284.00 leaf; thence 3) Soulteaderly along said curve and said ead'Ons, through a central angle of 66021'160, an arc distance of 32&90 feet: thence 4) South 13`49'17' East, along said east One, a ailsknm of 142.91 feet; thence 5) South S9'60' 1W East, a distance of 127.15 feet to a point on the north rW-of- way of Stage Routs MAKER- 184, also being on the east ins of said Lot 1: thence 6) South 46059'44' West, along odd W-d-way and odd east One, a distance of 261.03 feet thence 7) departing said north W -W-way and said east One, North 89'29'35' West. a dstance of 1166.02 feet; thence 8) South 00'30'26' Wes, a distance of 24.90 feet; fhence 9) North 89'29'35' West, a dstance of 164.26 feet to a point on the west One of said Lot 1; thence 10) North 00.31'02' East, a distance of 581.16 feet abng the west ins of said Lot 1 to the north ine of avid Lot 1: thence 11) South 84002'37' East, along the north One of add Loft 1, a distance of 180.84 feet: thence 12) North 55 °43'58" Eas, along acid north One a dstance of 380.70 That thence 13) South 89'16'26' East, along add north line, a distance of 528.18 Bast to the TWO Point d eegln ". o``gAKF9� a E-- m 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 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. 4787, 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 BEDFORD GREEN DRIVE, BETWEEN STATE ROUTE 178 AND KERN CANYON ROAD (SR 184) (GPA/ZC NO. 14- 0237) ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfi d " JAI A LL By: ILA DEPUT City Cle k o�0AK�9� -c� > m r r- v O ORIGINAL.