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Home My WebLink AboutORD NO 4894ORDINANCE NO. 4 8 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 NORTH OF SNOW ROAD, EAST OF QUAIL CREEK ROAD; AND SOUTH OF ETCHART ROAD, WEST OF COFFEE ROAD. (ZC NO. 16- 0463). WHEREAS, McIntosh & Associates, Inc., for Kern Land Partners, LLC and Bidart Dairy II, LLC, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from E (Estate One - Family Dwelling) to R -1 (One - Family Dwelling) on 38,251 gross sq.ft., located north of Snow Road, east of Quail Creek Road; from R -2 /PUD (Limited Multiple- family Dwelling /Planned Unit Development) to R -1 (One - Family Dwelling) on 22,693 net sq.ft.; and R -1 (One - Family Dwelling) to R -2/PUD (Limited Multiple - family Dwelling /Planned Unit Development) on 40,192 net sq.ft., located south of Etchart Road, west of Coffee Road. (the "Project "); and WHEREAS, the Planning Commission held a public hearing on February 2, 2017, and approved Resolution No. 04-17, which recommended that the City Council approve the Project; and WHEREAS, initial studies were conducted for the original projects (General Plan Amendment /Zone Change No. 05 -0931 and General Plan Amendment /Zone Change No. 05- 1932) which encompass the subject property and it was determined that the Project would not have a significant effect on the environment, and Negative Declarations with mitigation measures were approved by the City Council on March 8, 2006, in conjunction General Plan Amendment /Zone Change No. 05 -0931, and on September 13, 2006 in conjunction General Plan Amendment /Zone Change No. 05 -1932, in accordance with California Environmental Quality Act (CEQA); and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report 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. 04 -17 are hereby adopted. 3. Said Negative Declarations for the Project is the appropriate environmental documents to accompany approval of the Project. In accordance with State CEQA Guidelines Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken, and no new environmental impacts have been identified. The Project will not significantly impact the physical environment because mitigation measures relating to air quality, traffic, and cultural resources have been incorporated into the Project. oFeAK499 T By: Joquez \S:\ZoneChang \w 2016\1 6 0463\CC\2nd Read \Orcinance ZC160463.doc m Page 1 of 2 o ORIGINAL 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. EEEMNTIT-� I HEREBY CERTIFY that the foregoing Ordinance was passed 2017 and adopted by the Council of the City of Bakersfield at a regular meeting held on APR 1 9 , by the following vote: w ✓ / AYES: COUNCRMEMBER: RIVERA, GONZALES, WEIR, SMITH, SULLIVAN. PARUER COUNCILMEMBER: _ r4O ABSTAIN: COUNCILMEMBER: NOwL ABSENT: COUNCIIMEMBER: r40 � l� CHRISTOPHEkiGERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 19 2017 KAREW K. GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Affor y By: ANDREW HEGLUND Deputy City Attorney Exhibits: fAffachedl A. Ordinance with Exhibits: A. Location Map with Zoning B. Legal Description and map o``gAKF9� By: Jaquez \S:\ZoneChange \yr 2016 \16-0463 \CC \2nd Read \Ozdimnce -ZC16-0463.dom F m Page 2 of 2 6 ORIGINAL ORIGINAL EXHIBIT'B' ZONE CHANGE FOR RVTTM 6968 LEGAL DESCRIPTION BEING A PORTION OF LOT 17 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY FILED MAY 2, 1894, IN THE OFFICE OF THE KERN COUNTY RECORDER, DESCRIBED AS FOLLOWS: PROPOSED R -2 PUD (FROM R -1) COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 17; SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF ETCHART ROAD AND COFFEE ROAD; THENCE SOUTH 00 °49'33" WEST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF COFFEE ROAD, A DISTANCE OF 817.43 FEET; THENCE DEPARTING SAID CENTERLINE AND SAID EAST LINE, NORTH 88 °54'18" WEST, A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING COURSES: 1) CONTINUING NORTH 88 °54'18" WEST, A DISTANCE OF 203.09 FEET; THENCE 2) NORTH 00 °3342" EAST, A DISTANCE OF 200.07 FEET; THENCE 3) SOUTH 88 °54'18" EAST, A DISTANCE OF 172.45 FEET; THENCE 4) SOUTH 44. 28'25" EAST, A DISTANCE OF 42.85 FEET; THENCE 5) SOUTH 00 °02'32" EAST, A DISTANCE OF 72.91 FEET; THENCE 6) SOUTH 00 °49'33" WEST, A DISTANCE OF 97.14 FEET TO THE POINT OF BEGINNING. CONTAINING 40,192 NET SQUARE FEET, MORE OR LESS. PROPOSED R -1 (FROM R -2 PUD) COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 17; SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF ETCHART ROAD AND COFFEE ROAD; THENCE SOUTH 00 °49'33" WEST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF COFFEE ROAD, A DISTANCE OF 817.43 FEET; THENCE DEPARTING SAID CENTERLINE AND SAID EAST LINE, NORTH 88 °54'18" WEST, A DISTANCE OF 258.09 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING COURSES: 1) SOUTH 00 °3342" WEST, A DISTANCE OF 113.64 FEET; THENCE 2) NORTH 88 °54'18" WEST, A DISTANCE OF 402.42 FEET; THENCE 3) NORTH 00 °49'12" EAST, A DISTANCE OF 40.64 FEET; THENCE P:WROJECTM 15035 .00- TR5965LLEGALS\15D35ZO01.DOC JM 1lfJW016 OF 0AKF9m � o ORIGINAL ZONE CHANGE FOR RVTTM 6968 LEGAL DESCRIPTION (CONTINUED) 4) SOUTH 88 °54'18" EAST, A DISTANCE OF 315.01 FEET; THENCE 5) NORTH 01. 05'42" EAST, A DISTANCE OF 73.00 FEET; THENCE 6) SOUTH 88 °54'18" EAST, A DISTANCE OF 86.55 FEET TO THE POINT OF BEGINNING. CONTAINING 22,693 NET SQUARE FEET, MORE OR LESS. MCINTOSH MATES 661 -834 -4814.661-834 -0972 2001 Wheelen Court • BekerefielE, CA 93309 LMID '-pw`y, A. 'W P:IPROJECTS\ 15035 .00- TR69881LEGALS115035ZC01.DOC JM 11130/2016 0 ArcF9m ORIGINAL ZONE CHANGE FOR RVTTM 6968 LEGAL DESCRIPTION (CONTINUED) BEING A PORTION OF LOT "D" OF PARCEL MERGER NO. 16 -0010 PER CERTIFICATE OF MERGER RECORDED AUGUST 11, 2016 AS DOCUMENT NO. 000216107662 OF OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PROPOSED R -1 (FROM E) COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT "D", SAID POINT ALSO BEING ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF SNOW ROAD; THENCE DEPARTING FROM SAID SOUTH LINE AND SAID CENTERLINE, NORTH 00 °48'31" EAST, ALONG THE WESTERLY LINE OF SAID LOT, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, THENCE ALONG THE FOLLOWING COURSES: 1) NORTH 00 °48'31" EAST, CONTINUING ALONG SAID WESTERLY LINE, A DISTANCE OF 227.72 FEET; THENCE 2) DEPARTING SAID WESTERLY LINE, SOUTH 54 °51'47" EAST, A DISTANCE OF 406.80 FEET TO A POINT 30.00 FEET NORTHERLY, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF SNOW ROAD; THENCE 3) NORTH 88 °54'14" WEST, PARALLEL WITH SAID SOUTH LINE AND SAID CENTERLINE, A DISTANCE OF 335.95 FEET TO THE POINT OF BEGINNING. CONTAINING 38,251 GROSS SQUARE FEET, MORE OR LESS. CONTAINING 30,284 NET SQUARE FEET, MORE OR LESS. MCINTOSH ASSOCIATES 661 -834 -4814 •881- 834 -0972 2001 Wheelan Court - Bakersfield, C. �0 LAND , M Me %y $ >K \�Cp CAL %F� IV P. TROJECTStl5035 .00- TR668LLEGAL$115035ZCO1.00C JM 11/3012016 �F e pKF9� F- m U � ORIGINAL A 'q - -- ---- -- . 0 5 F � G a a —ems-) eipEmr..o o-i 9L ! 56Yy if • Ei F � i � eE�. FI= "�i �1!!1�IS4Ei � >��0 � ramie a esigii > een I raroem mF a.xa urr �.vA - QF8AKF9 T 0 ORIGINAL: AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) CHRISTOPHER GERRY, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 24th day of April. 2017 he posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4894 passed by the Bakersfield City Council at a meeting held on the 19th day of April. 2017 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 NORTH OF SNOW ROAD, EAST OF QUAIL CREEK ROAD; AND SOUTH OF ETCHART ROAD, WEST OF COFFEE ROAD. (ZC NO. 16 -0463) CHRISTOPHER GERRY Acting City Clerk and Ex Officio of the Council of the City of Bakersfield ( DE City Mark SIDOCUMENTFORMSNORORD wptl