HomeMy WebLinkAboutORD NO 4822ORDINANCE NO. _ 4 8 2 2
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED
ALONG THE SOUTH SIDE OF STOCKDALE HIGHWAY,
GENERALLY BETWEEN NORD AVENUE (FUTURE) AND THE UNION
PACIFIC RAILROAD (ZC NO. 15- 0015).
WHEREAS, McIntosh & Associates for Diamond Farming Company, filed an
application with the City of Bakersfield Community Development Department
requesting to change the zone district from County A (Exclusive Agriculture) to City A
(Agriculture) on 563.74 acres located along the south side of Stockdale Highway,
generally between Nord Avenue (future) and the Union Pacific Railroad (the "Project ");
and
WHEREAS, the Planning Commission held a public hearing on April 2, 2015, and
approved Resolution No. 12 -15, which recommended that the City Council approve
the Project; and
WHEREAS, the Planning Commission has found that the Project is exempt from the
California Environmental Quality Act; and
WHEREAS, the City Council considered all facts, testimony, and evidence
concerning the Project, including the staff report 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. 12 -15
are hereby adopted.
2. The Project is exempt from the requirements of California Environmental
Quality Act (CEQA), pursuant to Section 15061 (b) (3).
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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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 JU1i1 2 4 2315
by the following vote:
AYE V COUNCILMEMBER: RIVERA, MAXWELL, WEIR , SMITH, SULLIVAN, PARL R
ES: COUNCILMEMBER: 1Vb+nQ
ABSTAIN: COUNCILMEMBER: oil.
ABSENT: COUNCILMEMBER:
ROBERTA GAFFORD, OC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUN 2 " `�15
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City AttoRey
By: " " \'�
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
C Notice of Exemption
By: DL\ S: \ZoneChange \yr 2015 \15 - 0015 \Ord \CC ZC Ordinance 15- 0015.docx
Page 2 of 2
EXHIBIT A
ZONE CHANGE LOCATION MAP
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EXHIBIT B
ZONE CHANGE LEGAL DESCRIPTION
EXHIBIT B
ZONE CHANGE
LEGAL DESCRIPTION
PROPOSED CITY PREONING: A (FROM MUM ZONING Al
BEING THOSE PORTIONS OF SECTIONS 5 AND 8, TOWNSHIP 30 SOUTH, RANGE 26 EAST,
M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 5; THENCE ALONG THE
FOLLOWING COURSES: 0
1) SOUTH 00'10'20" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 5, A DISTANCE OF 2,582.66 FEET TO THE EAST QUARTER
CORNER OF SAID SECTION 5; THENCE
2) SOUTH 00 °11'35" WEST, ALONG THE EAST LINE of THE SOUTHEAST QUARTER
OF SAID SECTION 6, A DISTANCE OF 45.00 FEET TO THE NORTHERLY RIGHT -OF.
WAY LINE OF THE CROSS VALLEY CANAL PER THAT CERTAIN FINAL ORDER OF
CONDEMNATION RECORDED DECEMBER 1, 1981 IN BOOK 5421, PAGE 1531,
OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER;
THENCE
3) NORTH 89 °08'03" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 0.29 FEET; THENCE
4) NORTH 89°45'10" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 4,835.36 FEET; THENCE
5) NORTH 00.74'50" EAST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 20.00 FEET; THENCE
6) NORTH 89 °45`70" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 457.13 FEET TO THE WEST LINE OF SAID SECTION 5, SAID
POINT ALSO BEING ON THE EAST LINE OF SAID SECTION 6; THENCE
7) DEPARTING SAID LINES, NORTH 89 °48'16" WEST, CONTINUING ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 67.14 FEET TO THE
SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE
KERN COUNTY WATER AGENCY IN GRANT DEED RECORDED JULY 30, 2008 AS
DOCUMENT NO. 0208120984, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN
COUNTY RECORDER; THENCE
8) NORTH 00 °11'44" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL OF LAND,
A DISTANCE OF 100.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF
LAND; THENCE .
9) NORTH 89'48'16" WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL OF
LAND, A DISTANCE OF 563.00 FEET TO THE NORTHWEST CORNER OF SAID
PARCEL OF LAND; THENCE
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ZONE CHANGE
LEGAL DESCRIPTION
10) SOUTH 00 °11'44" WEST, ALONG THE WESTERLY LINE OF SAID PARCEL OF LAND,
A DISTANCE OF 100.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF
LAND, SAID POINT ALSO BEING ON SAID NORTHERLY RIGHT -OF -WAY LINE OF
SAID CROSS VALLEY CANAL; THENCE
11) NORTH 89 °48`16" WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A
DISTANCE OF 282.62 FEET; THENCE
12) SOUTH 00 °11'44" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 20.00 FEET; THENCE
13) NORTH 89 °48'16" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY
LINE, A DISTANCE OF 1,951.69 FEET TO THE BEGINNING OF A CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 395.00 FEET; THENCE
14) WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 42'51'56", AN ARC
DISTANCE OF 295.52 FEET; THENCE
15) SOUTH 47'19'48" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WAY
LINE, A DISTANCE OF 236.32 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF
THE SOUTHERN PACIFIC RAILROAD (ASPHALTO BRANCH) PER THAT CERTAIN
DEED RECORDED OCTOBER 21, 1893 IN BOOK 47, PAGE 356, OF DEEDS, IN THE
OFFICE OF THE KERN COUNTY RECORDER; THENCE
16) NORTH 42'36116" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 1,335.45 FEET TO INTERSECTION OF SAID NORTHERLY RIGHT-OF-
WAY LINE AND THE WESTERLY LINE OF PARCEL 2 OF PARCEL MAP WAIVER NO.
1096 RECORDED JULY 20, 1989 IN BOOK 6266, PAGE 1261, OFFICIAL RECORDS,
IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE
17) NORTH 01'06'23" EAST, ALONG SAID WESTERLY LINE, A DISTANCE OF 1,970.63
FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2, SAID POINT ALSO
BEING ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION
6; THENCE
18) SOUTH 89'23'68" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 305.19 FEET
TO THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARCEL MAP WAIVER NO.
1096; THENCE
19) SOUTH 00'36'02" WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 848.50
FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE
20) SOUTH 89023'5&' EAST, ALONG THE SOUTHERLY LINE OF SAID PARCEL, A
DISTANCE OF 459.40 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1;
THENCE
P "PROJECTS% 14030. 0"TCKNORCrLEQAL8114030ZC01.DOCX
ZONE CHANGE
LEGAL DESCRIPTION
21) NORTH 01 °05'27" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL 1, A
DISTANCE OF 848.53 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1,
SAID POINT ALSO BEING ON THE NORTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 6; THENCE
22) THENCE SOUTH 89 °23'58" EAST, ALONG THE NORTH LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 746.92 FEET TO THE NORTH QUARTER CORNER OF
SAID SECTION 6; THENCE
23) SOUTH 89 °24'08" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 6, A DISTANCE OF 2,650.31 FEET TO THE NORTHEAST
CORNER OF SAID SECTION 8, SAID POINT ALSO BEING THE NORTHWEST
CORNER OF SAID SECTION 5, THENCE
24) SOUTH 89 027'58" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 5, A DISTANCE OF 2,655.09 FEET TO THE NORTH QUARTER
CORNER OF SAID SECTION 5; THENCE
25) SOUTH 89 °27'24" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 5, A DISTANCE 2,650.15 FEET TO THE POINT OF BEGINNING.
CONTAINING 563.74 GROSS ACRES, MORE OR LESS.
661.834 - 4814.881- 834-0972
2001 Whaelan Court • BakereftaW, CA 93309
P. TRaECTMI403o .DO-MKNORDu.EGALS%14MDZCOI .DOCx
EXHIBIT C
NOTICE OF EXEMPTION
NOTICE OF EXEMPTION
TO: _ Office of Planning and Research
PO Box 3044, 1400 Tenth Street, Room 222
Sacramento, CA 95812 -3044
X County Clerk
County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
Project Title: Zone Change No. 15 -0051
FROM: City of Bakersfield
Community Department Dept
1715 Chester Avenue
Bakersfield, CA 93301
Project Location - Specific: Locate_ d along the south side of Stockdale Highway, generally between
Nord Avenue (future alignment) and the Union Pacific Railroad.
Project Location -City: Bakersfield Project Location - County: Kern
Project Description: An amendment to the City of Bakersfield Zoning Ordinance changing the zone
classification from County A (Exclusive Agriculture) to establish City A (Agriculture) pre-zoning - on
563.74 acres.
Name of Public Agency Approving Project: City of Bakersfield
Name of Person or Agency Carrying Out Project: City of Bakersfield, Community Development
Department - Planning Division, 1715 Chester Avenue, Bakersfield, CA 93301
Exempt Status:
Ministerial (Sec.21080(b) (1); 15268));
Declared Emergency (Sec.21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b) (4); 15269(b) (c));
Categorical Exemption. State type and section number.
Statutory Exemptions. State section number.
X Project is exempt from CEQA pursuant to Section 15061 (b) (3)
Reasons why project is exempt: The City of Bakersfield (Lead Agency) has determined the proposed project
will not have the potential for causina a significant effect on the environment under the provision of Section
15061(b) (3). The project entails a Pre - zoning of the site to the City A (Agriculture) zone district, consistent
with the established Metropolitan Bakersfield General Plan land use designations and current
agricultural use of the property. The project site will remain in agricultural uses upon approval of the
pre- zoning request. No changes are proposed to the existing or allowed use of the site; therefore, this
project will not cause a physical change in the environment. Where it can be seen with certainty that there is no
possibility that the activity may have a significant effect on the environment, the activity is exempt from CEQA.
Lead Agency: Contact Person: Debbie Lewis, Associate Planner I Telephone /Ext.: (661) 326 -3733
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? Yes X No_
Signature: Date: Title: Associate Planner I
X Signed by Lead Agency Date received for filing at OPR:
Signed by Applicant
S: \ZoneChange \yr 2015\ 1 5-0015\NC
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. 4822, 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 SOUTH
SIDE OF STOCKDALE HIGHWAY, GENERALLY BETWEEN NORD
AVENUE (FUTURE) AND THE UNION PACIFIC RAILROAD (GPA/ZC
NO. 15- 0015).
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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DEP City lerk l