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HomeMy WebLinkAboutORD NO 4858ORDINANCE NO. Q S 5 8 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 NORTH SIDE OF BERNARD STREET, 900 FEET WEST OF OSWELL STREET. (GPA/ZC NO. 16- OD93). WHEREAS, Audrey Mills, representing Oxygen Development, LLC, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from R -2 (Limited Multiple Family Dwelling) to PCD (Planned Commercial Development) on 5.59 acres located along the north side of Bernard Street. 900 feet west of Oswell Street (the "Project'); and WHEREAS, the Planning Commission held a public hearing on June 3, 2016, and approved Resolution No. 26-16, 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: The Planning Commission's findings as contained in its Resolution No. 26-16 are hereby adopted. 2. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 3. The Project B 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. —OOO Page 1 of 2 m �> n 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 AUG 17 2016 by the following vote: ✓ ✓ ✓ ✓ ✓ AY COUNCILMEMBER: R MA% WELL, WER.SMIIN. MANSON,SULY/ NA N. PAR R E OES: COUNCIMFMBER: 0dts na ABSTAIN: COUNCILMEMBER: NCr\i_ ABSENT: COUNCILMEMBER: 14bnL. CITY CLERK K and ED(� CITY CLERK and Ex icio Clerk of the Council of the City of Bakersfield APPROVED AUG 1 7 21116 HA OLD HANSON VICE -MAYOR APPROVED as to form: VIRGINIA GENNARO City Attom y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Zone Change Map B Legal Description 5: \GPAS \GPA 3rd 2D16 \16-0093 \Reno 6 Od\CC 2C 16-0D93.do Page 2 of 2 C2�GIALIL Exhibit A Zone Change Map ORIGINAL � §| �.! \ \ / \� ! | ) ! ! I =�!■� �§ .|, 'bhl'!!, ! #| ! �k �� | � ... , ! . . , < °! ,;.,,..,,.. ;.... ■. :�,...,, ; |` ; ; k , . �� s � � | w � Is m_ ) ., - ; � q! / § 2q . . � (� �.� U M!g i �B k ' k © | 0 % w o kP Exhibit B Legal Description ena�q n s v oraiciNn� THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP WAIVER NO. 07-0268, AS EVIDENCED BY A CERTIFICATE OF COMPLIANCE RECORDED September 18, 2007 AS INSTRUMENT NO. 0207192431 OF OFFICIAL RECORDS, KERN COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ALL THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, ALSO BEING THE SOUTHWEST CORNER OF PARCEL 5 OF PARCEL MAP NO. 8267 AS FILED IN PARCEL MAP BOOK 35 AT PAGES 183 THROUGH 189 INCLUSIVE IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE NORTH 89' 27 10" EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, ALSO BEING THE SOUTH LINE OF SAID PARCEL 5, A DISTANCE OF 394.06 FEET; THENCE DEPARTING SAID NORTH LINE OF SAID NORTHWEST QUARTER, SOUTH 00' 26' 11' EAST, 617.95 FEET TO THE NORTH LINE OF THE SOUTH 45.00 FEET OF SAID NORTHWEST QUARTER; THENCE SOUTH 89' 1722" WEST ALONG SAID NORTH LINE, A DISTANCE OF 39422 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22; THENCE NORTH W 25' 15" WEST ALONG SAID WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 618.04 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS WITHIN OR UNDERLYING SAID LAND, PROVIDED HOWEVER, THAT THE GRANTOR HEREIN HAS NO RIGHT OF ENTRY ON THE SURFACE OF SAID LAND, OR THE SUBSURFACE THEREOF TO A DEPTH OF 500 FEET FOR THE PURPOSE OF DRILLING, MINING, EXPLORING AND EXCAVATING FOR ALL OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER SAID LAND. �e Erl'F9 s Fn — v 0 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 19th day of August. 2016 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4858, passed by the Bakersfield City Council at a meeting held on the I'Aday of August. 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 NORTH SIDE OF BERNARD STREET, 900 FEET WEST OF OSWELL STREET. (GPA/ZC NO. 16 -0093) ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEPUTY City Clerk S? DOCUMENTFORMSW ORORD.wpd