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HomeMy WebLinkAboutORD NO 4850ORDINANCE NO. _4850 — 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 SOUTHWEST CORNER OF PANAMA LANE AND OLD RIVER ROAD. (GPA /ZC NO. 15- 0385). WHEREAS, McIntosh & Associates representing Old River & Panama, LLC, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from R -1 (One Family Dwelling) to C -2 (Regional Commercial) on 11.88 acres located at the southwest corner of Panama Lane and Old River Road (the "Project "); and WHEREAS, the Planning Commission held a public hearing on March 3, 2016, and approved Resolution No. 08 -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 Planning Commission's findings as contained in its Resolution No. 57 -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. 0 Page 1 of 2 b OPIUINAL HEREBY CERTIFY that the foregoing Ordinance was passed and 1 8 t d by the Council of the City of Bakersfield at a regular meeting held on MAY by the following vote: COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARUER NOES: COUNCILMEMBER: W6(W= ABSTAIN: COUNCILMEMBER: NOrV^. ABSENT: COUNCILMEMBER: NVr -- ROBERTA GAFFORD, CM CITY CLERK and Ex Offi Io Clerk of the Council of the City of Bakersfield APPROVED MAY 1 8 2010 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City A" ney By ANDREW HEGLU Deputy City Attorney Exhibits: A Zone Change Map B Legal Description 5: \GPAS \GPA 2nd 2016 \I5 -0385 \Res Ord \CC ZC 15- 0385.docx `5AKE9 Page 2 of 2 0 0 ORIGINAL Exhibit A Zone Change Map 0PKt9 o T ORIGINAL ORIGNAL Exhibit B Legal Description 0 ORIGINAL ZONE CHANGE LEGAL DESCRIPTION PROPOSED C -2 AREA (FROM R -1) BEING A PORTION OF LOTS 1 AND 2 OF THE SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY FILED JANUARY 22, 1892 IN THE OFFICE OF THE KERN COUNTY RECORDER LOCATED IN THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOW: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 30; THENCE ALONG THE FOLLOWING COURSES: 1) SOUTH 00 °33'51" WEST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 701.60 FEET; THENCE 2) DEPARTING SAID EAST LINE, NORTH 89 °06'17" WEST, A DISTANCE OF 743.30 FEET; THENCE 3) NORTH 00 °53'43" EAST, A DISTANCE OF 174.80 FEET TO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 92.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 66 °36'36" WEST; THENCE 4) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 42. 24'53 ", AN ARC DISTANCE OF 68.11 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE 5) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19 °55'11 ", AN ARC DISTANCE OF 8.69 FEET; THENCE 6) NORTH 00 °53'43" EAST, A DISTANCE OF 366.42 FEET; THENCE 7) NORTH 46 °2442" EAST, A DISTANCE OF 42.81 FEET; THENCE 8) NORTH 00 °53'12" EAST, A DISTANCE OF 55.21 FEET TO THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE 9) SOUTH 89 "0648" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 708.72 FEET ---TO THE POINT OF BEGINNING. LESS. /Z - L.S. 4383 EXPIRES 9 -30 -15 MCINTOSH ",. Assmws L1 661-834 -4814 •661- 8340972 2001 Wheelan Court • Bakersfield, CA 93309 P:\PROJECTS \1 3077 .00- T6536\LEGALS \13077ZCO1.DOCX 3 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 23RD day of May. 2016 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4850, 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 AT THE SOUTHWEST CORNER OF PANAMA LANE AND OLD RIVER ROAD. (GPA/ZC NO. 15. 0385). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEPj1UTY Cit Clerk SADOCUMENT%FORMSW OP.ORD.wpd