HomeMy WebLinkAboutORD NO 4802ORDINANCE NO. 4802
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED
AT THE NORTHWEST CORNER OF STOCKDALE HIGHWAY AND
HEATH ROAD. (GPA /ZC NO. 14- 0329).
WHEREAS, Rosedale Land & Development, Inc. /Brian Batey, representing
Gregory & Catherine Hillier, filed an application with the City of Bakersfield Community
Development Department requesting to change the zone district from County A -1
(Limited Agriculture) to City C -2 (Regional Commercial)on 11.30 acre located at the
northwest corner of Stockdale Highway and Heath Road (the "Project "); and
WHEREAS, the Planning Commission held a public hearing on December 4, 2014,
and approved Resolution No. 62 -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:
The Planning Commission's findings as contained in its Resolution No. 62 -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.
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ORIGINAL
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on FEg 1 17015
by the following vote:
APPROVED FEB 1 1 2010
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Att ey
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
✓ ✓ ✓ ✓
WEIR, HANSON,SULLIVAN, PARLIER
to 4'1V13
RO ERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
By: DL \S: \GPAs \GPA 1 st 2015\ 14- 0329 \Res Ord \RES CC ZC Ordinance 14- 0329.docx
81 ;6 A 9 t,
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AYEPS:
COUNCILMEMBER: RIV A
COUNCILMEMBER:
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COUNCILMEMBER:
ABSENT:
COUNCILMEMBER: �J
APPROVED FEB 1 1 2010
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Att ey
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
✓ ✓ ✓ ✓
WEIR, HANSON,SULLIVAN, PARLIER
to 4'1V13
RO ERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
By: DL \S: \GPAs \GPA 1 st 2015\ 14- 0329 \Res Ord \RES CC ZC Ordinance 14- 0329.docx
81 ;6 A 9 t,
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EXHIBIT B
LLA #4-14
LEGAL DESCRIPTION
BEING AN ADJUSTMENT OF THAT PORTION OF LAND DESCRIBED AS TIC EAST
HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
33, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M. IN THE COUNTY OF KERN, STATE
OF CALIFORNIA; EXCEPTING THE NORMERLY 302 FEET OF TIM WESTERLY 222.21
FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 33, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M. IN THE
COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
LOT A,
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 33, T. 29 S., R. 26 E., M.D.M.,
ALSO BEING THE CENTERLINE 11TERS11MON OF STOCKDALB IHGHWAY AND
HEATH ROAD;
THENCE NORTH 69°27'54" WEST ALONG SAID CENTERLINE OF STOCKDALE
HIGHWAY, 662SS FEET TO THE SOUTHEAST CORNER OF TRACT Na
6300 RECORDED FEBRUARY 6, 2007 IN BOOR S7 OF MAPS, AT PAGES
33 -351N THE OFFICE OF THE KERN COUNTY RECORDER;
TTHMNCE NORTH 00°31'42" EAST ALONG THE BAST BOUNDARY LINE OF SAID
TRACT Na 6300, A DISTANCE OF 660.00 FEET,
THENCE SOUTH 69°27'54" EAST, 330.00 FEET;
THENCE NORTH 00°31'50" EAST,165.00 FEET;
THENCE SOUTH 69°27'54" EASP, 332.57 FEET TO THE CENTERLINE OF SAID
HEATH ROAD;
THENCE SOUTH 00°31'50" WEST ALONG SAID CENTERLINE OF HEATH ROAD,
825.00 FEET TO THE POINT OF BEGINNING.
CONTAINS: 1130 ACRES
LOT B:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 33, T. 29 S., R. 26 E., M.D.M.,
ALSO BEING THE CENTERLINE INTERSECTION OF STOCKDALB HIGHWAY AND
HEATH ROAD; THENCE NORTH W27'54" WEST ALONG SAID CBNTBRUNE OF
STOCKDALB HIGHWAY, 662.55 FEET TO THE SOUTHEAST CORNER OF SAID TRACT
No. 6300; THENCE NORTH 00°31'42" EAST ALONG THE EAST BOUNDARY LINE OF
SAID TRACT No. 6300, 660.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00°31'42" EAST ALONG SAID EAST BOUNDARY
LINE OF SAID TRACT No. 6300, 360.72 FEET;
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THENCE SOUTH Mr09" EAST, 22225 FEET;
THENCE NORTH 00°31'42" EAST, 302.00 FEET TO THE SOUTH BOUNDARY LINE
OF TRACT No. 3833 RECORDED OCTOBER 13,1977 IN BOOK 73 OF
MAPS AT PAGE 105 IN THE OFFICE OF THE KERN COUNTY
RECORDER;
THENCE SOUTH 89027'09" EAST ALONG SAID SOUTH BOUNDARY UNE OF
CONTAINS: 7.28 ACRES
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SAID TRACT No. 38'33, 44035 FEET TO THE SOUTHEAST CORNER OF
SAID TRACT No. 3833 AND CENTERLINE OF HEATH ROAD;
THENCE
SOUTH W31'50" WEST ALONG SAID CEN78RL1NE OF HEATH ROAD,
497.58 FEET;
THENCE
NORTH 89027'54" WEST, 332.57 FEET;
THENCE
SOUTH 00°31'50" WEST, 165.00 FEET;
THENCE
NORTH 89027'54" WEST, 330.00 FEET TO TEE TRUE POINT OF
BEGR4NING.
CONTAINS: 7.28 ACRES
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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 13th day of February, 2015 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4802, passed by the
Bakersfield City Council at a meeting held on the 11th day of February, 2015 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 AT THE
NORTHWEST CORNER OF STOCKDALE HIGHWAY AND HEATH
ROAD. (GPA/ZC NO. 14- 0329).
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: 66t.-4
DERYTY City Clerk
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