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Home My WebLink AboutORD NO 4797ORDINANCE NO. 47 9 7 AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED NORTH OF HIGHLAND KNOLLS DRIVE, EAST OF FAIRFAX ROAD (GPA /ZC NO. 14- 0222). WHEREAS, Ken Koss for Ken Koss and Tony Evans, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from R -1 (One Family Dwelling) to R -3 /PUD (Multiple Family Dwelling /Planned Unit Development) on 7.28 acres located generally north of Highland Knolls Drive, east of Fairfax Road (the "Project "); and WHEREAS, the Planning Commission held a public hearing on September 18, 2014, and approved Resolution No. 52 -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. 52 -14 are hereby adopted. 2. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 3. 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--- - - - - -- �AKF9 Page 1 of 2 >- m }- r 0RIGINAL. I HEREBY CERTIFY that the foregoing Ordinance was passed and a�lQ led by the Council of the City of Bakersfield at a regular meeting held on NOV 11' 791 by the following vote: AYE N ES: AB SEN COUNCILMEMBERRIVERA, MAXWELL, WEIR, SMITH, HANSON, JOHN O Y"U&' 4#�4 ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 19 1014 KEN WEIR VICE -MAYOR APPROVED as to form: VIRGINIA GENNARO City Atto ney By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Zone Change Map B Legal Description By: CG\ S: \GPAs \GPA 4th 2014\ 1 4-0222\Reso-Ord\RES CC ZC 14- 0222.docx Page 2 of 2 �AKF9 y m F- r v � ORIGINAL LU NIN2IOVY co w QNIN)ACIN Z LL C) CD N cn u N Z w co --------------- - - --------------- ----------- - - - - - - - -- - - - - — -- ---- Cllll� NCID N IN 0 C) - - -------- ------------ -- ------------ - --------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - - - - -- W 0 C-4 Z & n n�—Nunsnv- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X M. -M. N w ELDER CT a0 aVOlnlb'B 80 INIOd aN O N, Of ui N o Of Z C', LITTLER CT 9 i do t 0 0: N 10 311VS VI x 4 10 M31AISV3 . L ) II 1d Ntllatll CN IIVN1133MS wll r CY) C%j 0 ol 2 10 N31M831S 10 M31AISV3 04 10 a3Atlld 0 803MIDNI 5 U u A110 ooti --7 ATF4r ------- M ORIGINAL o C) L) 04 10 a3Atlld 0 803MIDNI 5 U u A110 ooti --7 ATF4r ------- M ORIGINAL EXHIBIT B LEGAL DESCRIPTION BEING THE NORTH HALF OF THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE SURVEYOR GENERAL, OF THE FOLLOWING DESCRIBED PROPERTY; BEGINNING AT THE CENTER OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN, COUNTY OF KERN, THENCE (1) SOUTH, 89 °26'44" WEST ON AND ALONG THE EAST -WEST MIDSECTION LINE OF SAID SECTION 24, A DISTANCE OF 433.92 FEET; THENCE (2) NORTH 00 °02'40" WEST, 2034.56 FEET TO THE SOUTH RIGHT -OF WAY LINE OF STATE HIGHWAY 6 KER -178 AS SHOWN ON MAP FILED IN THE OFFICE OF THE COUNTY SURVEYOR; THENCE (3) SOUTH W5T04" EAST ON AND ALONG SAID RIGHT -OF -WAY LINE, 433.82 FEET TO A POINT ON THE NORTH -SOUTH MID SECTION LINE OF SAID SECTION 24; THENCE (4) SOUTH 00`02'5T' EAST ON AND ALONG SAID MID - SECTION LINE, A DISTANCE OF 2022.42 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION IS BASED UPON RECORD OF SURVEY FILE IN RECORD OF SURVEY BOOK12, PAGE 30, IN THE OFFICE OF THE COUNTY RECORDER. EXCEPTING THEREFROM AS TO THAT PORTION OF THE LAND LYING WITHIN THE SOUTH HALF OF THE NORTHWEST 1/4 OF SAID SECTION 24, AND UNDIVIDED 1/2 INTEREST OF ALL OIL, GAS, ASPHALTUM, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND AS CONVEYED TO J.K. LILLY IN DEED DATED NOVERMBER 13,1929, RECORDED DECEMBER 13,1934 IN BOOK 552, PAGE 64 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF SAID SECTION 24, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 24; THENCE N00 '25' 30 "E, ON AND ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1745.34 FEET, TO THE TRUE POINT OF BEGINNING; THENCE (1) S89`47'27'W, A DISTANCE OF 433.77 FEET, TO THE WEST LINE OF A PARCEL OF LAND SHOWN IN SAID RECORD OF SURVEY RECORDED JAN. 24,1978; THENCE (2) N00 "2547' E A DISTANCE OF 290.35 FEET, TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED DECEMBER 30,1968 IN BOOK 4229, PAGE 574, OFFICIAL RECORDS; THENCE (3) S88626 26' E, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 433.80 FEET, TO A POINT ON SAID EAST LINE; THENCE (4) S00 °25'30 "W A DISTANCE OF 276.96 FEET, ON AND ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING. "ALL DISTANCES IN EXCEPTION ARE GRID DISTANCES, DIVIDE BY 0.99995386 TO CONVERT TO GROUND DISTANCES. �� SAND SU9G V� DERRILL G. 4 •.. ___._ -------- .-- _- .- ._-------- -------- —J WHITTEN JR. Derrill G. WhNw6r., P.L.S. 7816 NO. 7816 � raKF 9�• �F�Q o4 � 9s� FOF CAS - U b 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 21 st day of November, 2014 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4797, passed by the Bakersfield City Council at a meeting held on the 19th day of November, 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 NORTH OF HIGHLAND KNOLLS DRIVE, EAST OF FAIRFAX ROAD (GPA/ZC NO. 14- 0222). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: QLMJ, a '-� DEPUT City Clerk