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HomeMy WebLinkAboutORD NO 4859ORDINANCE NO. d 8 5 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 NORTH SIDE OF THE CROSS VALLEY CANAL, SOUTH OF STOCKDALE HIGHWAY AND WEST OF THE FUTURE HEATH ROAD. (GPA /ZC NO. 16- 0101). WHEREAS, Bolthouse Properties, applicant and property owner, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from DI (Drilling Island) to R -1 (One Family Dwelling) on 8.63 acres located along the north side of the Cross Valley Canal, south of Stockdale Highway and west of the future Heath Road (the "Project'); and WHEREAS, the Planning Commission held a public hearing on June 3, 2016, and approved Resolution No. 29 -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. 29 -16 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. Page I of 2 —a0o 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 2015 by the following vote: AY COUNCILMEMBER: RWERA.MAXWELL WEIR.SMUH, HANSON, SULLWAN, PARIEN COUNMEMBER: AHDt1e ABSTAIN: COUNUCBMEMBER: NOrY... ABSENT: COUNCILMEMBER: NOCA ROBERT�CA� CITY CLERK and EX Offi Io Clerk of the Council of the City of Bakersfield APPROVED AUG 1 7 1016 HAROLD HANS N VICE -MAYOR APPROVED as to form: VIRGINIA GENNARO C Alto y : AN HEGLUND Deputy City Attorney Exhibits: A Zone Change Map B Legal Description S: \GPA$ \GPA 3rd 2016 \16-0101 \Reno B. OM\CC ZC 1"101.docx Page 2 of 2 ; — o CRIGINAL Exhibit A Zone Change Map c GR!91NAL. • • . | fill 11111 IJ111!f • ` •I, |! |!| f! ; | '!! |� | |! |�! !�, ! |! !!f' |�I!!|` ! A | ■!!! ■2 2 „ ! |1, || |' |� |! | ||3|3 |! |f e | / | § � * $ � §� 2 , | ( � � — _' N � — ° Exhibit s Legal Description o s v c ORIGINAL PROPOSED ZONE CHANGE 16- Ol 01 LEGAL DESCRIPTION R -1 WROM D31 BEING A PORTION OF PARCEL 5 OF PARCEL MAP No. 12062 PHASE 1 PER MAP FILED ON FEBRUARY 22, 2016 IN BOOK 60 OF PARCEL MAPS, AT PAGES 76.79 IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE EAST HALF AND THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 30 SOUTH, RANGE 26 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 CORNER OF SAID SECTION 4, SAID CORNER ALSO BEING THE CENTERLINE INTERSECTION OF STOCKDALE HIGHWAY AND HEATH ROAD, THENCE NORTH 89927'52' WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 AND THE CENTERLINE OF STOCKDALE HIGHWAY, A DISTANCE OF 735.91 FEET; THENCE DEPARTING SAID NORTH LINE AND SAID CENTERLINE, AT RIGHT ANGLES, SOUTH W32W WEST, A DISTANCE OF 1099.99 FEET, THENCE NORTH 89°27'45' WEST, A DISTANCE OF 1239.45 FEET, THENCE SOUTH 00 °32'15" WEST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 46'01'35' EAST, A DISTANCE OF 1349.96 FEET TO AN ANGLE POINT IN THE NORTHWESTERLY BOUNDARY OF SAID PARCEL 5; THENCE SOUTH 43021'13' EAST ALONG THE BOUNDARY OF SAID PARCEL 5, A DISTANCE OF 111.24 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FOUR (4) COURSES: 1) DEPARTING THE BOUNDARY OF SAID PARCEL 5, SOUTH 00.52'46' WEST, A DISTANCE OF 499.16 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL 5, SAID SOUTHERLY BOUNDARY ALSO BEING THE NORTH LINE OF THE KCWA CROSS VALLEY CANAL FEE PARCEL PER FINAL ORDER OF CONDEMNATION RECORDED ON DECEMBER 1, 1981 IN BOOK 5421, PAGE 1631, OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE 2) NORTH 89.OT18- WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 5 AND THE NORTH LINE OF SAID KCWA CROSS VALLEY CANAL FEE PARCEL, A DISTANCE OF 2170.00 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCELS;THENCE 3) DEPARTING THE NORTH LINE OF SAID KCWA CROSS VALLEY CANAL FEE PARCEL, NORTH 00'52'48' EAST, ALONG THE BOUNDARY OF SAID PARCEL 5, A DISTANCE OF 15.00 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL 5, SAID ANGLE POINT BEING THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 5105.D0 FEET, A RADIAL TO WHICH BEGINNING OF CURVE BEARS SOUTH 00'5244' WEST; THENCE 4) EASTERLY ALONG THE CURVED BOUNDARY OF SAID PARCEL 5, THROUGH A CENTRAL ANGLE OF 25 °09'19', AN ARC LENGTH OF 2241.32 FEET TO THE POINT OF BEGINNING. 1 1 CONTAINING 8.628 GROSS ACRES, MORE OR LESS. 02302 ko (DI `so --- END OF LEGAL DESCRIPTION aysult'tiaaaYnIOM 2C- l6AYCijZC-I6AClY�V10Yddta' Pipe 1 d] U CRIGNAL 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 Au ust 2016 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4859 passed by the Bakersfield City Council at a meeting held on the 17Nday 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 THE CROSS VALLEY CANAL, SOUTH OF STOCKDALE HIGHWAY AND WEST OF THE FUTURE HEATH ROAD. (GPA/ZC NO. 16 -0101) ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield ,QR/! O k DEPOTY City Clerk S VOCUMENP ORMSAOP.ORD wPd