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HomeMy WebLinkAboutORD NO 4821ORDINANCE NO. 4 8 2 1 AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED ON THE WEST SIDE OF SANTA FE WAY, NORTH OF AUSTIN CREEK AVENUE (GPA /ZC NO. 14- 0480). WHEREAS, Rosedale Land & Development, Inc., for Bryan & Marie Batey Family Trust, filed an application with the City of Bakersfield Community Development Department requesting to change the Zone District from A (Agriculture) and E (Estate) to R -1 (One Family Dwelling) on 82.41 acres, M -1 (Light Manufacturing) on 7.94 acres and DI (Drilling Island) on 5.0 acres located on the west side of Santa Fe Way, north of Austin Creek Avenue (the "Project "); and WHEREAS, the Planning Commission held a public hearing on April 2, 2015, and approved Resolution No. 19 -15, which recommended that the City Council approve the Project; and WHEREAS, the City Council has adopted a Mitigated 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. 19 -15 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--- - - - - -- Page 1 of 2 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on JUN 2 4 2015 by the following vote: `� ✓ `� ✓ ✓ COUNCILMEMBER: RIVERA, MAXWELL, WEIR, , SULLIVAN, PARLIER NOES: COUNCILMEMBER: ASST COUNCILMEMBER: `j11h ABSENT: COUNCILMEMBER: tAOrY5ON " I.& 10�gZ ROBERTA GAFFORD, C CITY CLERK and Ex Offi io Clerk of the Council of the City of Bakersfield APPROVED J'� 2 4 2015 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Att74A By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Zone Change Map B Legal Description By: DLS: \GPAs \GPA 2nd 2015 \14 - 0480 \Res Ord \CC ZC Ord 14- 0480.docx Page 2 of 2 EXHIBIT A ZONE CHANGE LOCATION MAP rn UJ Io a` E (70 �37 osa B fpm g8 �� Fio LL ch N uj EE % a H °� € J W �-'LL� C c', d :R-4 y'. a-,'LLC,'�,'��= m °��g.Q Z .¢YRSY�ig� 5r$' $& SS�fQ5r5rS.X 5r 5r E �¢'g € ~# O �25ST 19g �igNuS 257$_�=255S�Ig25XP b¢ « b Agar N Q�OYO ytv���<<O I7.c ` 1ti3gN �ONNp p � p �1 s 6a 43 <n aj 'E O a0 3NV1 J \J Of NOVf LL A M LL '- AWN NOOW i LL ,� O pig• �'• ,��' y = AVM�d 1T/daV1S z b ��•, m < .• ti D: � 7 � •'� N **% 0 O �•_ LL ~ N OJ M W W U. mw a�W U. O m O V 0N O w �- K/1 N / N � Q-1 C Y a ��`' a i 11 zm OC> ow m a 1S SnaAdVd W W v ti w W n � W w R n ' W t w R \ U W U W rU U 1 a w 10 30W 1S BE xNas Q w w zm OC> ow m a 1S SnaAdVd W W v ti w W n � W w R n ' W t w R \ U W U W rU U 1 a w 10 30W 1S Q w w N133N1 W 0 1S N3NIl - 10 V ".OaV18fiW O aa3snvaN w 1S 830N3SS3W zm OC> ow m a 1S SnaAdVd W W v ti w W n � W w R n ' W t w R \ U W U W rU U w 10 30W 1S w m N133N1 _ - 9NkldS. 1S N3NIl - 10 ".OaV18fiW EXHIBIT B ZONE CHANGE LEGAL DESCRIPTION R -1 ZONE PARCEL 1 ALL THAT PORTION OF SECTION 14, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., KERN COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the Northwest corner of Tract No. 5662 - 1, recorded In Book 46 of Maps at Pages 142 - 144 in the Office of the Kem County Recorder, from which point the Southwest comer of said Section bears S0046'44 "W, 1330.00 feet; thence N0 046'44 "E along the West line of the Southwest Quarter of said Section and the centerline of Renfro Road, 170.03 feet to the True Point of Beginning; thence continuing N0 046'44 "E along said West line and centerline, 558.92 feet to the beginning of a 1400.00 foot radius tangent curve, concave Easterly; thence Northerly along said curve and said centerline, through a central angle of 45 °06'18 ", an arc distance of 1102.12 feet; thence N45 053102 0E along said centerline, 910.85 feet; thence S44 016112 "E, 404.25 feet; thence S45 043'48 "W, 100.00 feet; thence S44 016112 "E, 150.00 feet; thence N48 027'37 "E ,98.75 feet to a point on a 1200.00 foot radius non - tangent curve, a radial from said point to the center of said curve bears S48 027'37 "W; thence Southeasterly along last said curve, through a central angle of 13 016'13 ", an arc distance of 277.93 feet; thence S28 016'10 "E, 224.10 feet to the beginning of an 1800.00 foot radius tangent curve, concave Northeasterly; thence Southeasterly along last said curve, through a central angle of 16 000'00 ", an arc distance of 502.65 feet; thence S44 016'10 "E, 402.08 feet to a point on a 500.00 foot radius non - tangent curve, a radial from said point to the center of said curve bears N40 056'41 "W; thence Westerly along last said curve, through a central angle of 33 1050'09 ", an arc distance of 295.27 feet to a point on a 250.00 foot radius non - tangent curve, a radial from said point to the center of said curve bears N85 011'05 "E; thence Southerly along last said curve through a central angle of 39 027'15, an arc distance of 172.15 feet; thence S44 016'10 "E, 419.22 feet to the beginning of an 800.00 foot radius tangent curve concave Southwesterly; thence Southeasterly along last said curve, through a central angle of 19 020'51 ", an arc distance of 270.14 feet; thence S65 004'41 "W, 30.00 feet to a point on a 20.00 foot radius non- tangent curve, a radial from said point to the center of said curve bears S65 004141 "W; thence Southerly along last said curve, through a central angle of 105 °56'57", an arc distance of 36.98 feet to the beginning of a 470.00 foot radius compound curve, concave Northerly; thence Westerly along last said curve, through a central angle of 9 038156 0, an arc distance of 79.15 feet; thence N89 019'16 "W, 54.17 feet; thence N33 002113 "W, 180.36 feet; thence N89 019126 "W, 1010.09 feet; thence N0 040'34 "E, 264.85 feet; thence N89 019'26 "W, 244.78 feet; thence S0 040'34 "W, 264.85 feet; thence N89 019'26 "W, 1039.23 feet to the True Point of Beginning. Containing 78.76 acres, more or less. Date: March 24, 2015 DELMARTER AND ASSOCIATES J es K. Delmaer # a E 17564 17%4 j NE PARCEL 2 ALL THAT PORTION OF SECTION 14, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., KERN COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Northwest corner of Tract No. 5662 1, recorded in Book 46 of Maps at Pages 142 - 144 In the Office of the Kern County Recorder, from which point the Southwest corner of said Section bears S0 046'44 "W, 1330.00 feet; thence N0 046'44 "E along the West line of the Southwest Quarter of said Section and the centerline of Renfro Road, 170.03 fleet; thence continuing N0 046'44 "E along said West line and centerline, 558.92 feet to the beginning of a 1400.00 foot radius tangent curve, concave Easterly; thence Northerly along said curve and said centerline, through a central angle of 45 °06'18 ", an arc distance of 1102.12 feet; thence N45 °53'02 "E along said centerline, 1210.85 feet to a point on the centerline of Santa Fe Way; thence along last said centerline the following courses: S44 016'10 "E, 501.00 feet to the beginning of a 1500.00 foot radius tangent curve, concave Southwesterly; thence Southeasterly along last said curve, through a central angle of 16 000'00 ", an arc distance of 418.88 feet; thence S28 016'10 "E, 224.10 feet to the beginning of a 1500 foot radius tangent curve, concave Northeasterly; thence Southeasterly along last said curve, through a central angle of 12 036'18 ", an arc distance of 330.00 feet to the True Point of Beginning; thence continuing along last said curve, through a central angle of 3 02342" an arc distance of 88.88 feet; thence S44 016'10 "E, 432.92 feet; thence departing from last said centerline S45 043 -50 "W, 271.00 feet to the beginning of a 530.00 foot radius tangent curve, concave Northwesterly; thence Southwesterly along last said curve, through a central angle of 3 008'12 ", an arc distance of 29.01 feet; thence N44 016'10 "W, 432.12 feet to the beginning of an 1800.00 foot radius tangent curve, concave Northeasterly; thence Northwesterly along last said curve, through a central angle of 3 023'420, an arc distance of 106.65 feet; thence N49 007'32 "E, 300.00 feet to the True Point of Beginning. Containing 3.65 acres, more or less. Date: March 24, 2015 Ym ELMT ARER A ND ASSOCIATES s K. Delmarter 17564 ALL THAT PORTION OF SECTION 14, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., KERN COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Northwest corner of Tract No. 5662 - 1, recorded in Book 46 of Maps at Pages 142 - 144 in the Office of the Kern County Recorder, from which point the Southwest corner of said Section bears S0 046'44 "W, 1330.00 feet; thence N0 046'44 "E along the West line of the Southwest Quarter of said Section and the centerline of Renfro Road, 170.03 feet; thence continuing N0 046'44 "E along said West line and centerline, 558.92 feet to the beginning of a 1400.00 foot radius tangent curve, concave Easterly; thence Northerly along said curve and said centerline, through a central angle of 45 006'18", an arc distance of 1102.12 feet; thence N45 053'02 "E along said centerline, 910.85 feet to the True Point of Beginning; thence continuing N45 053'02 "E along said centerline, 300.00 feet to a point on the centerline of Santa Fe Way; thence along last said centerline the following courses: S44 016'10 "E, 501.00 feet to the beginning of a 1500.00 foot radius tangent curve, concave Southwesterly; thence Southeasterly along last said curve, through a central angle of 16 000100 ", an arc distance of 418.88 feet; thence S28 016'10 "E, 224.10 feet; thence departing from last said centerline S61 043'50 "W, 300.00 feet; thence N28 016'10 "W, 224.00 feet to the beginning of a 1200.00 foot radius tangent curve, concave Southwesterly; thence Northwesterly along last said curve, through a central angle of 13 016'13 ", an arc distance of 277.93 feet; thence S48 027137 "W, 98.75 feet; thence N44 016'12 "W, 150.00 feet; thence N45 043'48 "E, 100.00 feet; thence N44 016'12 "W, 404.25 feet to the True Point of Beginning. Containing 7.94 acres, more or less. Date: March 24, 2015 "`4 if DELMARTER AND ASSOCIATES i� f` No, 17564 ia (mes K. Delmarter RCE #17564 ,:z ALL THAT PORTION OF SECTION 14, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., KERN COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Northwest corner of Tract No. 5662 - 1, recorded in Book 46 of Maps at Pages 142 - 144 in the Office of the Kern County Recorder, from which point the Southwest comer of said Section bears S0 046'44 "W, 1330.00 feet; thence N0 046'44 "E along the West line of the Southwest Quarter of said Section and the centerline of Renfro Road, 170.03 feet; thence continuing N0 046'44 "E along said West line and centerline, 558.92 feet to the beginning of a 1400.00 foot radius tangent curve, concave Easterly; thence Northerly along said curve and said centerline, through a central angle of 45 006'18 0, an arc distance of 1102.12 feet; thence N45 053'02 "E along said centerline, 1210.85 feet to a point on the centerline of Santa Fe Way; thence along last said centerline the following courses: S44 016'10 "E, 501.00 feet to the beginning of a 1500.00 foot radius tangent curve, concave Southwesterly; thence Southeasterly along last said curve, through a central angle of 16 000'00 ", an arc distance of 418.88 feet; thence S28 016'10 "E, 224.10 feet to the True Point of Beginning, being the beginning of a 1500 foot radius tangent curve, concave Northeasterly; thence Southeasterly along last said curve, through a central angle of 12 036'18 ", an arc distance of 330.00 feet; thence S49 007'32 0W, 300.00 feet to a point on an 1800.00 foot radius non - tangent curve, a radial from said point to the center of said curve bears N49 007'32 "E; thence Northwesterly along last said curve, through a central angle of 12 036'18 ", an arc distance of 396.00 feet; thence N61 043'50 "E, 300.00 feet to the True Point of Beginning. Containing 2.50 acres, more or less. Date: March 24, 2015 AND ASSOCIATES K. Delmarter 17564 D - 1 ZONE PARCEL 2 ALL THAT PORTION OF SECTION 14, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., KERN COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Northwest corner of Tract No. 5662 - 1, recorded in Book 46 of Maps at Pages 142 - 144 in the Office of the Kern County Recorder, from which point the Southwest comer of said Section bears S0 046'44 "W, 1330.00 feet; thence N0 046'44 "E along the West line of the Southwest Quarter of said Section and the centerline of Renfro Road, 170.03 feet; thence S89 °19'26 "E, 1039.23 feet to the True Point of Beginning; thence N0 040'34 "E, 264.85 feet; thence S89 019'26 "E, 244.78 feet; thence S0 040'34 "E, 444.88 feet; thence N89 019'26 "W, 244.78 feet; thence N0 040'34 "E, 180.03 feet to the True Point of Beginning. Containing 2.50 acres, more or less. Date: March 24, 2015 DELMARTER AND ASSOCIATES mes K. Delmarter RCE* 17564 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 June , 2015 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4821, passed by the Bakersfield City Council at a meeting held on the 24th day of June, 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 ON THE WEST SIDE OF SANTA FE WAY, NORTH OF AUSTIN CREEK AVENUE (GPA/ZC NO. 14- 0480). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By DEP City Clerk SAD000MEN'nF0RMSW0P.0RD.wpd