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.
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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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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
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Exhibit A
(Mitigation Measures)
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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.
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Exhibit B
(Location Map)
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Exhibit C
(Legal Description)
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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
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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