HomeMy WebLinkAboutORD NO 4849ORDINANCE NO. 44 4G 9
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 EAST SIDE OF ALFRED HARRELL HIGHWAY,
GENERALLY SOUTH OF OLD WALKER PASS ROAD. (GPA /ZC
NO. 15. 0363).
WHEREAS, Ian Ellis for Aurora Borealis Development, LLC, riled an application with the
City of Bakersfield Community Development Department requesting to change the zone
district from R -I -HD (One Family Dwelling - Hillside Development Combining) to C- 1- HD /PCD
(Neighborhood Commercial - Hillside Development Combining /Planned Commercial
Development) on 9.975 acres; and a change in zone district from R -1 (One Family Dwelling)
to R -1 -HD (One Family Dwelling- Hillside Development Combining) on 10.86 acres located
along the east side of Alfred Harrell Highway, generally south of Old Walker Pass Road (the
"Project "); and
WHEREAS, the Planning Commission held a public hearing on March 3, 2016, and
approved Resolution No. 16 -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. 16 -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.
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OR!0!NAL
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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ORIGINAL
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 MAY 18 2016 _by
the following vote:
/ ✓ ✓ ✓ ✓ ✓
AYES: COUNCILMEMBER: RIV RE A, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN. PARUER
COUNCILMEMBER: ^ '6 ne
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCIIMEMBER: Neh°.
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ROBERTA GAFFORD, C
CITY CLERK and Ex O Icio Clerk of the
Council of the City of Bakersfield
APPROVED MAY 18 2616
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attor ey
By:
AND HEGLUND
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
By: DL\S: \GPAS \GPA 2nd 2016 \150363 \Res Ord \CC Ord 150363.do x
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ORIGINAL
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ORIGINAL
EXHIBWf 5'
LEGAL DESCRIPTION
Parts A
FROM AN R -I BANE TO A R -1 -HD ZONE
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THECITY OF BAKERSFIELD. COUNTY OF KERN, STATE
OF CALIFORNIA, BEING A PORTION OF SECTION 10, T39 &. R.2913, M.D.B. A M. IN THE COUNTY OF KERN,
STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTH QUARTERCORNER OF SAID SECTION IQ THENCE SOUTH 00.45'37" EAST,
1,78393 FEET; THENCE CONTINUING ON SAID COURSE SOUTH 00'4577" EAST. 546.55 FEETTOTHE CENTER
OF SAID SECTION, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING 10
COURSES:
I. SOUTH 8977'59" WEST, 5.65 FEET;
2. SOUTH 48"0438" WEST, 176.75 FEET TO A 2" IRON PIPE TAGGED LS 5532 PER DOC ID 202134236;
3. SOUTH 7878.19" WEST, 125.42 FEET TO A 2" IRON PIPE TAGGED LS 5532 PER DOC ID 202194236;
4. NORTH 71'12'57" WEST, 32635 FEET TO A r IRON PIPE TAGGED LS 5532 PER DOC ID 202184236;
5. SOUTH 61'40'0* WEST 9325 FEET;
6. NORTH 00°2FI6"WEST 131.93 FEET TO A POINT HEREAFTER REFERRED TO AS POINT -A-;
7. NORTH 89034.4* EAST 8435 FEET;
& NORTH 000=11" WEST 277.46 FEET;
9. NORTH 15°09'43" WEST320AI FEET;
10. NORTH 18"36'11" EAS7`646.92 FEET TO THE NORTH -SOUTH CENTER LINE OF SAID SECTION;
THENCE ALONG SAID CENTER LINE SOUTH 00°45'37' EAST 651.91 FEETTO THE TRUE POINT OF
BEGINNING.
CONTAINING 10.086 ACRES. MORE OR LES&
_ /2-LZG/rj
P ir" A. McMklaal, LS 6197 DATE
Exhlbh "A" -Palle 1 01`3
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Pared B
FROM AN R -1 TONE TO A C- 1- HDIPCD ZONE
ALL THATCERTAIN REAL PROPERTY SITUATED M THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE
OF CALIFORNIA, BEING A PORTION OF SECTION 1%T293., R29E„ M.D.B. A M. IN THE COUNTY OF KERN,
STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10; THENCE SOUTH 00'45'37" EAST,
263OA8 FEET TO THE CENTER OF SAID SECTION; THENCE ALONG THE FOLLOWING 6 COURSES:
1. SOUTH 89'31'59" WEST, 5.65 FEET' ,
2. SOUTH 48'05.38" WEST, 176.75 FEET TO A2" IRON PIPE TAGGED LS 5532 PER DOC ID 202184236;
3. SOUTH 7V23'1 r WEST, 125.42 FEET TO A 2" IRON PIPE TAGGED LS 5332 PER DOC ID 202184236;
4. NORTH 71'12'S7" WEST, 32635 FEET TO A 2" IRON PIPE TAGGED LS 5532 PER DOC ID 202184236.,
5. SOUTH 61 °40'02" WEST 95.25 FEET;
6. NORTH OrM16•WEST 131.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE
FOLLOWING 5 COURSES
I.
NORTH 00°28'16"WEST586.78
FEET;
2.
NORTH 88 I I"
EAST 3.63 FEET;
3.
SOUTH IS%9'43•
EAST 320.41 FEET;
4.
SOUTH 00°22'01 "EAST277.46
FEET;
5.
SOUTH 89e5Y42•
WEST 8438 FEET TO THE TRUE POINTOF BEGINNING.
CONTAINING 0.853 ACRES, MORE OR LESS.
PYtiek A. McMichael, LS 6187 DATE
Exh @h "A" - Page 2 on
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ORIG NAB
FROM AN R -I -HD ZONE TO A C•I- HDjPCD ZONE
ALL THAT CERTAIN REAL PROPERTY SITUATED M THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE
OF CALIFORNIA, BEING A PORTION OF SECTION 10, T29&, R29E., M.D.B. & M. IN THE COUNTY OF KERN,
STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10; THENCE SOUTH 00'4937" EAST.
2630.48 FEET TO THE CENTER OF SAID SECTION; THENCE ALONG THE FOLLOWING 6 COURSES:
I. SOUTH 89'37'59" WEST, SAS FEET;
2. SOUTH 48'0598" WEST. 176.75 FEET TO A r IRON PIPE TAGGED LS 5532 PER DOC ID 202134236:
3. SOUTH 7rn'Ir WEST, 125.42 FEET TO A 2" IRON PIPE TAGGED LS 5532 PER DOC ID 2021 34236;
4. NORTH 71' IT5r WEST. 32&5s FEET TO A P IRON PIPE TAGGED LS 5532 PER DOC ID 2021 34236;
5. SOUTH 61 °4002" WEST 9525 FEET;
6. NORTH OO29'1V WEST 131.95 FEET TO THE TRUE POINT OP BEGINNING; THENCE ALONG THE
FOLLOWING 4 COURSES
1, NORTH 00°28`16" WEST 586.78 FEET;
2. NORTH 6M36'l]•EAST 3.63 FEET;
3. NORTH ]5°09'43" WEST 132A3 PEET;
4. SOUTH 72°04'2r WEST 607.77 FEET TO A TANGENT CURVE TO THE RIGHT.
THENCE ALONG SAID CURVE HAVING A RADIUS OF 1000.00 FEET, THROUGH A CENTRAL ANGLE OF
07 °51'19', AN ARC LENGTH OF 137.10 FEET; THENCE ALONG THE FOLLOWING 3 COURSES:
1. SOUTH 10°5128` EAST235.T7 FEET;
2. SOUTH45°OT4S' EAST 373.77 FEET;
3. NORTH 89°SV42'EAST 43 &21 FEETTOTHE TRUE POINT OF BEGINNING.
CONTAINING 9.122 ACRES, MORE OR LESS.
d-0&4`4- 12'iP' 2aw
PoOi A. McMicMel, IS 6187 DATE
ExMk -A -- PW 3 oT3
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ORIGINAL �
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 May. 2016 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4849, 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 ALONG THE
EAST SIDE OF ALFRED HARRELL HIGHWAY, GENERALLY SOUTH
OF OLD WALKER PASS ROAD. (GPA/ZC NO. 15- 0363).
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEP City Clerk
SIDOCU MENTFORMSMRORD.wptl