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Home My WebLink AboutORD NO 4834ORDINANCE NO. �, 8 3 4 AN ORDINANCE OF THE CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT NORTHWEST CORNER OF SOUTH H STREET AND HOSKING AVENUE, WITH STATE ROUTE 99 TO THE WEST AND BERKSHIRE ROAD TO THE NORTH. (GPA /ZC NO. 13- 0417). WHEREAS, Dmohowski Consulting Services for 4J's & R, LLC, fled an application with the City of Bakersfield Community Development Department requesting to change the zone district from R -1 (One Family Dwelling) and C -2 (Regional Commercial) to C -2 /PCD (Regional Commercial /Planned Commercial Development) on 86.2 acres located at northwest corner of South H Street and Hosking Avenue, with State Route 99 to the west and Berkshire Road to the north (the "Project "); and WHEREAS, the Planning Commission held a public hearing on Thursday, November 5, 2015, and approved Resolution No. 48-15, which recommended that the City Council approve the Project; and WHEREAS, the City Council certified the Environmental Impact Report with mitigation measures prepared for the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the staff report, Environmental Impact 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 RESOLVED by the Bakersfield City Council as follows: 1. The above recitals are incorporated herein. 2. The Planning Commission's findings as contained in its Resolution No. 48-15 are hereby adopted. 3. The Project is subject to mitigation measures found within the certified Environmental Impact Report for the Project. 4. 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 Exhibit A and as specifically described in Exhibit B, both of which are incorporated herein. of 0AK, 9,q 8 T f- m U p Page 1 of 2 ORIGINAL 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. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on FEB 10 2016 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ ✓ COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, EARLIER NOES: COUNCILMEMBER: AArq ABSTAIN: COUNCILMEMBER: f4 a ABSENT: COUNCILMEMBER: NVft- ROBERTA GAFFORD I CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 10 2016% �4 HARVEY L. HALL MAYOR of the City of APPROVED as to form: VIRGINIA GENNARO City Aft I By: ey ANDREW HEGLUN Deputy City Attorn y Exhibits (attached): Exhibit A: Location Map Exhibit B: Legal Description By: CG\ S: \GPAs \13-0417\Reso Ord\RES CC ZC Ordinance 13-0417.docx gAKF9,1, Z5 m U s Page 2 of 2 ORIGINAL EXHIBIT A ZONE CHANGE LOCATION MAP BAKF'9m r U p ORIONAL � gg{ g9 FT�9 T5� g��; W ai' t2iiE i ydng{ 5141 {4 mill J W'Gr ¢ 8€ E EaB Cu Se °eieES� I Pa - a L 8 11 � 93 rc rc rc e �lfi�'4� 3 p C � K ON � �WbS p M � K G K N p ! Wd INS a J mom IN �K T I 1 mom EXHIBIT B ZONE CHANGE LEGAL DESCRIPTION o``8AKF9N m U O ORIGINAL EXHIBIT "A" GPA/ZC 13 -0417 LEGAL DESCRIPTION Parcel A FROM AN R -1 (ONE FAMILY DWELLING) ZONE TO A C -21PCD (COMMERCIAWPLANNED COMMERCIAL DEVELOPMENT) ZONE That portion of Lots 17,18,19, 20, 30, 31 and 32 of Keno County Sales Map No. I of the Lands of J.B. Haggin filed May 3, 1889, in the Office of the County Recorder of the County of Kem, also being a portion of the Southeast Quarter of Section 25, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kem, State of California, more particularly described as follows: Commencing at the Southeast comer of said Section 25, thence North 89e 11' 32" West, along the South line of said Section, a distance of 738.00 feet; thence departing said south Section line, North 000 57' 52" East, a distance of 30.00 feet, to a point on the north right of way of Husking Avenue, said point also being the Southeast comer of a parcel of land described in Chant Deed to the City of Bakersfield in the Document No. 0207122364 of Official Records, recorded in the Office of the County Recorder of the County of Kem, thence along the boundary of said parcel, North 000 57' 36" East a distance of 98.54 feet to the POINT OF BEGINNING; thence continuing along the boundary of said parcel of land the following six (6) courses: thence North 740 08'21" West, a distance of 150.72 feet; thence North 65° 12' 10" West, a distance of 425.15 feet; thence North 440 52'33" West, a distance of 400.30 feet; thence North 160 05'02" West, a distance of 829.70 feet; thence North 120 39'45" West, a distance of 820.25 feet to the intersection of the boundary of said parcel and the West line of said Lot 19; thence South 000 36 05" West, along the West line of said Lot 19, a distance of 92.41 feet to a point of the East right of way line of 06- KER -99 (State Highway Route 99), as described in Grant deed, recorded in Book 3194, at Page 56 of Official Records in the Office of the County Recorder of the County of Kem; thence North 11° 31' 22" West, along said East right of way line a distance of 387.53 feet to the Southwest comer of Parcel 14 as described in that certain document entitled "Relinquishment No. 71226" as recorded in Book 3652, Page 185 of Official Records in the Office of the County Recorder of the County of Kem; thence North 600 45'27" East along the Southeast line of said relinquishment a distance of 227.02 feet to a point which lies of the South line of the North 30 feet of the Southeast Quarter of said Section 25; thence South 890 15'29" East along said South line a distance of 347.04 feet to the Northwest comer of Sheet Right of Way Dedication as described in Document No. 0208179756 of Official Records, recorded in the Office of the County Recorder of the County of Kem, thence along the boundary of said Street Right of Way Dedication the following three (3) courses: thence South 000 44'31" West at right angles from the North line of said Southeast Quarter a distance of 15.00 feet; thence South 89" 15'29" East, parallel with and 45.00 feet South of the North line of said Southeast Quarter a Quad Knopf, Inc., 07/01/15 LA?mjec U015U5W36000S\ZC LEGAL \150036 ZC LEGAL.dacx Exhibit "A" —Page 1 o1`4 OFOAK�c9m � m U p ORIGINAL distance of 638.16 feet; thence South 870 3313911 East a distance of 310.42 feet to a point which lies on the West line of the East 572 feet of said Lot 17; thence South 00037'04" West and parallel with the East line of said Section 25, a distance of 1084.45 feet; thence South 89013'30" East a distance of 542.00 feet to a point on the West line of the East 30.00 feet of said Southeast Quarter; thence South 000 37'04" West along the West line of the East 30.00 feet of said Southeast Quarter, a distance of 843.77 feet to a point on the south line of said Lot 31; thence North 890 12'3 1 " West along the South line of said Lot 31 a distance of 704.00 feet; thence South 000 57'52" West a distance of 532.17 feet to the POINT OF BEGINNING of the parcel described herein. Contains 73.26 acres more or less. Kristie M. Achee, PLS 8189 Date Quad Knopf, Inc., 07/01/15 L.Tmiect,\20inI50036NDOCSZC LEGAU 150036 ZC LEGALAd Exhibit `A"- Pegg 2 of 4 O� OAKF',9N a I m U p ORIGINAL Parcel B FROM A C -2 (COMMERCIAL) ZONE TO A C -2IPCD (COMMERCIALIPLANNED COMMERCIAL DEVELOPMENT) ZONE That portion of Lots 17 and 18 of Kent County Sales Map No. 1 of the Lands of J.B. Haggin filed May 3, 1889, in the Office of the County Recorder of the County of Kem. Also being a portion of the Southeast Quarter of Section 25, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the Northeast comer of said Southeast Quarter of Section 25; thence North 890 15'29" West along the North line of said Southeast Quarter of Section 25 and said Lot 17 a distance of 572.00 feet thence South 000 37' 04" West along the West line of the East 572 feet of said Lot 17 and parallel with the East line of said Section 25, a distance of 54.19 feet to a point which lies in the southerly right of way of Berkshire Road as dedicated in Document No. 0208179756 recorded November 18, 2008, Official Records, Kern County and the POINT OF BEGINNING; Thence along said right of way of Berkshire Road and South H Street the following six (6) courses: Thence South 870 33'39' East a distance of 229.82 feet; Thence South 890 15'29" East a distance of 237.34 feet; Thence South 44" 19114" East a distance of 32.50 feet; Thence South 890 22'56" East a distance of 11.50 feet to a point in the West line of the East 70.50 feet of said Section; Thence South 000 37'04" West along said West line a distance of 484.59 feet; Thence South 890 22' 56" East a distance of 40.50 feet to a point that lies in the West line of the East 30 feet of said Section 25; Thence South 000 37'04" West along said West line of the East 30 feet of said Section 25, a distance of 570.53 feet; Thence North 89e 13'30" West a distance of 542.00 feet to a point which lies West of the East 572 feet of said Lot 18; Thence North 000 37'04" East along said West line of the East 572 feet of said Lots 17 and 18, a distance of 1084.45 feet to the POINT OF BEGINNING. Contains 12.94 acres more or less. Quad Knopf, Inc, 07/01/15 L:\Projec1s\2015\15003600C6IZC LEGAL \150036 ZC LEGAL.docx Exhibit "A" —Page 3 of4 i6ikkpNT U O ORIGINAL Kristie M. Achee, PLS 8189 Date Quad Knopf, Inc., 07101/15 L:\PmjactA2015\150036000S2C LEGAL1150036 W LEOAL.don o`�epKF9d' Ezhibit "A" - Page 4of4 m V O 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 16th day of February. 2016 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4834, passed by the Bakersfield City Council at a meeting held on the 10th day of February. 2016 and entitled: AN ORDINANCE OF THE CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT NORTHWEST CORNER OF SOUTH H STREET AND HOSKING AVENUE, WITH STATE ROUTE 99 TO THE WEST AND BERKSHIRE ROAD TO THE NORTH. (GPA 2C NO. 13- 0417). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: �Wjj'— 1�4 DEPJJTY City Clerk SMOCUMENTTORMSNORORD wpd (§6AK,19fl v o QRIGIIMA4