HomeMy WebLinkAboutORD NO 4852ORDINANCE NO. Q 8 5 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
ON THE SOUTH SIDE Of STATE ROUTE 178, GENERALLY WEST OF
MORNING DRIVE. (GPA /ZC NO. 15- 0507).
WHEREAS, Dirk Poeschel for Rio Bravo Medical Campus, LLC, filed an application
with the City of Bakersfield Community Development Department requesting to
change the zone district from R -1 (One Family Dwelling) and R -2 (Limited Multiple Family
Dwelling) to C -2 (Regional Commercial) on 10.8 acres located on the south side of
State Route 178, generally west of Morning Drive; and
WHEREAS, the Planning Commission held a public hearing on March 3, 2016, and
approved Resolution No. 13-16, 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 above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 13 -16
are hereby adopted.
3. The Project is subject to mitigation measures found within the adopted
Negative Declaration 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 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
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I HEREBY CERTIFY that the foregoing Ordinance was passed an �p T IA by the
Council of the City of Bakersfield at a regular meeting held onT
by the following vote:
✓ ✓ / ✓ ✓ � ✓
YES: COUNCILMEMBER: RIVERA, MAXWELL, WEIR. SMRH,HANSON. SULLIVAN. EARLIER
NOES: COUNCILMEMBER: 1SAhNI
ABSTAIN: COUNCILMEMBER: NOnL
ABSENT: COUNCILMEMBER: �AIalLi
ROBERTA GAFFORD, C
CITY CLERK and Ex Offici Clerk of the
Council of the City of Bakersfield
APPROVED MA4y-
HARVEY
L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Atto ey
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
By \: DL \S: \GPAS \GPA Sind 2016 \15 -0507 \Res Ord\CC 7C Ord 15 -0507.docx
Page 2 of 2 °
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EXHIBIT B
THE LAND REFERRED TO HEREIN BELOW 15 SITUATED WITHIN THE NORTHEAST QUARTER OF
SECTION 24, TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
THAT PORTION OF LOT 1 OF LOT LINE ADJUSTMENT NO. 08-0064 PER CERTIFICATE OF
COMPLIANCE RECORDED OCTOBER 8, 2008 AS INSTRUMENT NO. 0209259433, OF SAID OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 1, SAID POINT ALSO BEING THE
TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG THE NORTHERLY LINE OF
SAID LOT "1" NORTH 8947'59" EAST 825.73 FEET TO A POINT ON THE WESTERLY LINE OF THE
LAND DESCRIBED IN BOOK 6032 PAGE 1434, OF SAID OFFICIAL RECORDS; THENCE ALONG LAST
SAID WESTERLY LINE SOUTH 0034'54" WEST 272.09 FEET; THENCE NORTH 90'00'00" WEST, A
DISTANCE OF 10452 FEET; THENCE SOUTH 0'09'02" EAST, A DISTANCE OF 233.78 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 500.00
FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 1834'50", AN ARC
DISTANCE OF 162.15 FEET; THENCE SOUTH 18'16'49" WEST, A DISTANCE OF 47.43 FEET; THENCE
NORTH 89'59'15" WEST, A DISTANCE OF 487.39FEET TO THE WEST LINE OF SAID LOT "1 "; THENCE
ALONG THE SAID WESTERLY LINE NORTH 0'41'57" EAST A DISTANCE OF 262.91 FEET; THENCE
NORTH 67' 39'25" WEST 222.55 FEET; THENCE NORTH 22'20'35" EAST 57.66 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 330.00
FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13'29'48' AN
ARC DISTANCE OF 77.74 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY ALONG LAST SAID
CURVE THROUGH A CENTRAL ANGLE OF 81'4T13" AN ARC DISTANCE OF 28.55 FEET; THENCE
NON RADIALTO SAID CURVE NORTH 00'41'57" EAST 60.00 FEET; THENCE NORTH 89'22'00" WEST
54.12 FEET; THENCE NORTH 00'37'59" EAST 154.13 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 30.8 ACRES, MORE OR LESS
JOSEPH D
OAGGETT
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)as.
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 23RD day of MU, 2016 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4852, passed by the
Bakersfield City Council at a meeting held on the 18th day of May, 2016 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 STATE ROUTE 178, GENERALLY WEST OF MORNING
DRIVE. (GPA/ZC NO. 15- 0507).
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
SADOCUMENTTFORMSV OP.ORD.wpd