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Home My WebLink AboutORD NO 4788ORDINANCE NO. 4788 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 OLIVE DRIVE AND EAST OF THE BURLINGTON NORTHERN SANTA FE RAIL LINE, (ZC NO. 13- 0362). WHEREAS, Western Properties for Grimmway Enterprise, et al, filed an application with the City of Bakersfield Community Development Department requesting to change the zone districts on property generally located south of Olive Drive and east of the Burlington Northern Santa Fe Rail Line, as shown in Exhibit A, and as follows: • Parcel 1: 2.87 acres from R -1 (One - Family Dwelling) zone to C -2 (Regional Commercial) zone; • Parcel 2:2.20 acres from R -1 zone to R -2 (Limited Multiple - family Dwelling) zone; • Parcel 3:12.61 acres from R -1 zone to R -2 zone; • Parcel 4: 15.21 acres R -2 zone to R -i zone; and WHEREAS, the Planning Commission held a public hearing on July 17, 2014, and approved Resolution No. 29 -14, 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. 29 -14 are hereby adopted. 2. The Project is subject to mitigation measures found the adopted Negative Declaration for the Project. 3. 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. Page 1 of 2 s- 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- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on SEp y 4 2014 , by the following vote: /Tiro APPROVED SEP 2 4 2014 ✓ ✓ ✓ MAXWELL, WEIR, SULLIVAN, JOHNSON " n I ROBERTA GAFFORD, CMC 1 CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HAINEY L. HALL W, 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: elshevo \ S: \ZoneChonge \yr 2013\ 13-0362 \CC \CC ZC Ordinome Template.docx Page 2 of 2 ft�; 0 Z Z 0 N C*4 co cr) 0 1 co Irl, W 0 Z w Z 0 N EXHIBIT A EXHIBIT B LEGAL DESCRIPTION PARCEL 1- ZONING TO C -2 BEING A PORTION OF LOT 23, OF SALES MAP OF LANDS OF THE KERN COUNTY LAND COMPANY IN SECTION 11, T. 29 S., R. 26 E., M.D.M. FILED JANUARY 9,1891 IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING PORTION OF TIM NORTH HALF OF TIM SOUTHWEST QUARTER OF SECTION 11, T. 29 S., R. 26 E., M.D.M. IN THE CITY OF BAKEIL4FIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONARENCING AT TIM CENTER OF SAID SECTION 11; THENCE NORTH 89° 16122° WEST ALONG THE NORTH LINE OF PARCEL B OF LOT LINE ADJUSTMENT #36-05 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT M. 0206073276 OF OFFICIAL RECORDS, 1320.92 FEET TO THE NORTHEAST CORNER OF SAID LOT 23, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 °43'59" WEST ALONG THE EAST LINE OF SAID LOT 23, 660.50 FEET; THENCE NORTH 89° 16'24" WEST, 189.09 FEET TO THE CENTERLINE OF ROSEDALE RANCH PARKWAY; THENCE NORTH 00 044'02" EAST ALONG THE CENTERLINE OF ROSEDALE RANCH PARKWAY, 66050 FEET TO THE NORTH LINE OF SAID LOT 23; THENCE SOUTH 89016'22" EAST ALONG SAID NORTH LINE OF SAID LOT 23, 189.08 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 2.87 ACRES KRATZMEYER RANCH- ZONING- 2013 -PAR1 -LOO EXHIBIT B LEGAL DBSCREMON PARCEL 2 - ZONING TO R-2 BEING A PORTION OF LOT 23, OF SALES MAP OF LANDS OF THE KERN COUNTY LAND COMPANY IN SECTION 11, T. 29 S., R. 26 B., M.D.M. FILED JANUARY 9, 1891 IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 11, T. 29 S., R. 26 E., M.D.M IN THE CITY OF COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONAAENCING AT THE CENTER OF SAID SECTION 11; THENCE NORTH WI 6122" WEST ALONG THE NORTH LINE OF PARCEL B OF LOT LINE ADJUSTMENT #36-05 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0206073276 OF OFFICIAL RECORDS, 1320.92 FEET TO THE NORTE EAST CORNER OF SAID LOT 23; THENCE SOUTH 00143159" WEST ALONG THE EAST LINE OF SAID LOT 23, 660.50 FEET TO THE TRUE POINT OF BEGINNINQ, THENCE CONTIrT MO SOUTH 00°43'59" WEST ALONG THE EAST LINE OF SAID LOT 23, 660.49 FEET TO THE SOUTHEAST CORNER OF SAID LOT 23; THENCE NORTH 99016'11" WEST ALONG THE SOUTH LINE OF SAID LOT 23, 48.91 FEET TO A POINT ON TIRE CENTERLINE OF ROSEDALE RANCH PARKWAY, SAID POINT ALSO BEING THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1500.00 FEET TO WHICH POINT A RADIAL LINE BEARS SOUTH 65 045'58" WEST; THRICE NORTHWESTERLY ALONG SAID CURVE AND ME CENTERIJNE OF ROSEDAL.E RANCH PARKWAY THROUGH A CENTRAL. ANGLE OF 24 058'04" AN ARC LENGTH OF 653.65 FEET. THENCE NORTH 0004402" EAST ALONG THE CENTERLINE OF ROSEDALE RANCH PARKWAY, 2730 FEET; THENCE SOUTH 89016'24" EAST, 189.09 FEET TO TIRE EAST LINE OF SAID LOT 23 AND TIM TRUE POINT OF BEGINNING. CONTAINS: 2.20 ACRES KRATZMEYER RANCH ZONING% 2013- PAR2 -LOL EXHIBIT B LEGAL DESCRII►1TON PARCEL 3 — ZONING TO R 2 BE 4G A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10, T. 29 S., R. 26 E., M.D.M. IN THE CITY OF BAIMRSFIEL.D, COUNTY OF KERN, STATE OF CALIFORNL4, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 10; SAID POINT ALSO BEING THE TRUE POINT OF BEGMING; TRICE SOUTH 00°44146" WEST ALONG THB EAST LINE OF THE SOiT11MAST QUARTER OF SAID SECTION 10, 1047.95 FEET; THENCE NORTH 44 016109„ WEST, 1482.53 FEST TO THE CENTEU24E OF KRATZMBYSR ROAD; THENCE SOUTH 89014'59" EAST ALONG SAID CENTERLINE OF KRATZb&'YER, ROAD, 1048.59 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 12.61 ACRES KRAIZMEYEIt RANCH- ZONDIG- 2013 -PARS LOL EXHIBIT B LEGAL DESCRIPTION PARCEL 4- ZONING TO R-1 BEING A PORTION OF TIM SOLTI MAST QUARTER OF SECTION 10, T. 29 3., R. 26 E., M.D.M. AND PORTIONS OF LOTS 30 THROUGH 32 INCLUSrv% OF SALES MAP OF LANDS OF TIM KERN COUNTY LAND COMPANY IN SECTION 10, T. 29 S., R. 26 B., M.D.M. FILED SEPTBNIDER 1% 1892 IN THE OFFICE OF THE KERN COUNTY RECORDER AND A PORTION OF LOT 25, OF SALES MAP OF LANDS OF THE KERN COUNTY LAND COMPANY IN SECTION 11, T. 29 S., R. 26 B., M.D.M. FILED JANUARY 9,1891 IN THE OFFICE OF TFIB KERN COUNTY RECORDER, ALSO BEING PORTIONS OF SECTIONS 10 AND 11, T. 29 S., R 26 E., M.D.M. IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 10; THENCE SOUTH 00°4446" WEST ALONG THE EAST LINE OF THE SOUTHRAST QUARTER OF SAID SECTION 10, 1324.41 FEET TO THE NORTHWEST CORNER OF SAID LOT 25 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89016'1 I" EAST ALONG THE NORTH LINE OF SAID LOT 25, 248.80 FEET; THENCE SOUTH 45. 43'51" WEST, 1151.31 FEET TO THE NORTH RIGHT -OF -WAY OF SANTA FE WAY; THENCE NORTH 44 °16'08" WEST ALONG LAST SAID um i 151.28 FEET., THENCE SOUTH 89016'11" EAST, 1379.37 FEET TO THE TRUE POINT OF BEGIN- NING. CONTAINS: 1521 ACRES KRATZlMEEYER RANCH ZONNINO 2013- PAR4 -LOL 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 26th day of September, 2014 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4788, passed by the Bakersfield City Council at a meeting held on the 24th day of September, 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 OLIVE DRIVE AND EAST OF THE BURLINGTON NORTHERN SANTA FE RAIL LINE (ZC NO. 13 -0362) ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield nmBy: DEP City erk