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HomeMy WebLinkAboutORD NO 4919ORDINANCE NO. A 9 1 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 SOUTH OF SILLECT AVENUE AND NORTH OF RIVERSIDE DRIVE (ZC NO. 17- 0210). WHEREAS, Paul Dhanens Architect, Inc., for Heart Hospital of Bakersfield, LLC., filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from PCD (Planned Commercial Development Zone) to C -2 /PCD (Regional Commercial /Planned Commercial Development Zone) on 10.10 acres located south of Sillect Avenue and north of Riverside Drive in northwest Bakersfield, as shown in attached Exhibit "A," (the "Project "); and WHEREAS, the Planning Commission held a public hearing on September 7, 2017, and approved Resolution No. 25 -17, which recommended that the City Council approve the Project; and WHEREAS, initial studies were prepared for the original projects (ZC #P96 -0859 and ZC #) which encompass the subject properties and mitigation measures were approved by the City Council on September 24, 1987, in conjunction with Zone Change No. P96 -0859, and on August 30, 2000 in conjunction with Zone Change No. PP99 -0911, 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, previously adopted 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. 25 -17 are hereby adopted. 3. The Project is subject to mitigation measures found in the previously adopted Negative Declaration for the Project. 4. The Project is hereby approved and 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. Page 1 of 2 oF0AKF9T ti m � o ORIGINAL 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. ----- -000 -- ---- 1 HEREBY CERTIFY that the foregoing Ordinance was passed and adoppted by the Council of the City of Bakersfield at a regular meeting held on NOV 0 1 WWI by the following vote: V, / ✓ ✓ ✓ ✓ ✓ AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER ES: COUNCILMEMBER: NQC � ABSTAIN: COUNCILMEMBER: NVYVi. ABSENT: COUNCILMEMBER: Oyu. 3-4 CHRISTOPH9111 GERRY, ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 0 1 2012 7 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Att y By: ANDREW HEGLUN Deputy City Attorn y Exhibits: A Mitigation Measures B. Location Map with Zoning C. Legal Description Page 2 of 2 of 9AKF1 m o ORIGINAL Exhibit A (Mitigation Measures) o``eAKF9N v p ORIGINAL EXHIBIT A Project No. 17 -0210 (Zone Change) Mitigation Measures Mitigation measure of the Bakersfield Heart Hospital FEIR Construction shall be limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday, and shall be prohibited on Sundays and Federal holidays in order to minimize disruption to existing residential neighborhoods. 2. The project is subject to the Regional Transportation Impact Fee Program. Fees are to be paid at the time of issuance of a building permit. a40AKF9 T v 0 ORIGINAL Exhibit B (Location Map) oFaaKFyrt m U 6 ORIGINAL Z g a N �6 U) ZJm (7283$ a sFF €EAC g E 3& [� Z `li N E (7 96 � L�n s � OSVOJp2 i. nd�Om ¢9eL c %�L'�i O Q 1$3JOatl$ J 1S 3JIIbtl$ J ¢� 6 $ 1S� J 153llbMy lgµ NU � -ry Q 9H'A33 3Atl1J3))� H SN �N J• o N 1S NVO O O a o W N O iN � FW _U Unie SNMP MUne N r . 0 - - -- r •Ainvw$aae .�..�..��I -- Q N w ..._.._.._.._.V O m o �• 3 F ¢ U U � � 's O I s F ORIGINAL. Exhibit C (Legal Description) oF0pKF9 T m U O ORIGINAL. EXHIBIT "A" LEGAL DESCRIPTION (BAKERSFIELD HEART HOSPITAL) PCD ZONE CHANGE BEING PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 23 AND THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, THE COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2 OF LOT LINE ADJUSTMENT NO. 05-1829 PER CERTIFICATE OF COMPLIANCE RECORDED JUNE 7, 2006 AS DOCUMENT 0206139479, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER. CONTAINING 10.10 ACRES, MORE OR LESS Swanson Engineering, Inc. 5500 Ming Ave., Suite 250 Bakemfleld, CA 93309 Phone: (661(831 -4919 OS.Ito - fl o�gAKF9 P417019 \LEGALS \17019 PCD S LEWLDEWRIPTION,D JM 8/16/2017 T � T ti O O 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 3rd day of November. 2017 he posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4919, passed by the Bakersfield City Council at a meeting held on the 1st day of November. 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 SOUTH OF SILLECT AVENUE AND NORTH OF RIVERSIDE DRIVE. (ZC NO. 17 -0210) CHRISTOPHER GERRY Acting City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEPLkTY City Oierk