HomeMy WebLinkAboutORD NO 4930ORDINANCE NO. 14 9 3 0
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED
AT THE SOUTHEAST CORNER OF ASHE ROAD AND TAFT
HIGHWAY (SR 119). (GPA/ZC NO. 17-0212.
WHEREAS, McIntosh & Associates on behalf of Gurmehor Enterprises Inc./Dr.
Motab Singh, fled an application with the City of Bakersfield Community Development
Department requesting to change the zone district from R-2 (Limited Multiple Family
Dwelling) to C-1 (Neighborhood Commercial) on 5.68 acres located at the southeast
corner of Ashe Road and Taft Highway (SR 1 19)(the "Project"); and
WHEREAS, the Planning Commission held a public hearing on September 7, 2017,
and approved Resolution No. 28-17, which recommended that the City Council deny
the Project; and
WHEREAS, the City Council has adopted a Mitigated 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:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 28-17
are hereby overturned.
3. The Project is subject to mitigation measures found within the adopted
Mitigated Negative Declaration for the Project.
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 8, 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.
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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 MAR 2 1 M ,
by the following vote:
AYES: COUNCILMEMBER: ,IjIV��Rpt
, GONZALES. WEIR, SMITH, FREEMAN, SIJ VAN, EARLIER
NOES: COUNCILMEMBER: I11QId l'
ABSTAIN: COUNCILMEMBER: 1
ABSENT: COUNOLMEMBER: L
APPROVED
I4qo41
KAREI GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA 90NARO
CityZo'L
By: Z.A.
RICHA D IGER
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
CHRISTOPHER ERRY
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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ORIGINAL
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EXHIBIT "B„
ZONE CHANGE
(GURMEHAR ENTERPRISES INC., A CALIFORNIA CORPORATION)
LEGAL DESCRIPTION
BEING A PORTION OF LOT 8 OF KERN COUNTY SALES MAP NO. 2 OF THE
LANDS OF J.B. HAGGIN, IN SECTION 3, TOWNSHIP 31 SOUTH, RANGE 27 EAST,
M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, FILED FOR RECORD ON MAY 24, 1889, IN THE OFFICE OF THE
KERN COUNTY RECORDER, DESCRIBED AS FOLLOWS:
PROPOSED C-1 (FROM R,2)
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION, BAD POINT
ALSO BEING THE CENTERLINE INTERSECTION OF ASHE ROAD AND TAFT
HIGHWAY (STATE ROUTE VW R-119); THENCE SOUTH 0(.4598' WEST, ALONG
THE CENTERLINE OF ASHE ROAD, THE WEST UNE OF THE NORTHWEST
QUARTER OF SAID SECTION AND THE WESTERLY UNE OF SAID LOT 8, A
DISTANCE OF 239.51 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO
BEING ON THE SOUTHERLY UNE OF THAT CERTAIN PARCEL OF LAND PER
GRANT DEED IN FAVOR OF THE STATE OF CALIFORNIA RECORDED FEBRUARY
1, 2007, AS DOCUMENT NO. 0207028002, OFFICIAL RECORDS, IN THE OFFICE
OF THE KERN COUNTY RECORDER; THENCE ALONG THE FOLLOWING
COURSES
1) DEPARTING SAID WEST LINE, SAID WESTERLY UNE AND SAID
CENTERLINE, SOUTH W142V EAST, ALONG SAID SOUTHERLY LINE,
A DISTANCE OF 68.48 FEET; THENCE
2) NORTH 01"073T EAST, CONTINUING ALONG SAID SOUTHERLY LINE,
A DISTANCE OF 11728 FEET TO THE BEGINNING OF A CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 49.21 FEET;
THENCE
3) NORTHEASTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
SOUTHERLY UNE, THROUGH A CENTRAL ANGLE OF 89"4T51", AN ARC
DISTANCE OF 77.12 FEET; THENCE
4) SOUTH 89'0433" EAST, CONTINUING ALONG SAID SOUTHERLY UNE, A
DISTANCE OF 426.13 FEET; THENCE
5) NORTH 89"51W EAST, CONTINUING ALONG SND SOUTHERLY UNE,
A DISTANCE OF 115.99 FEET TO THE EASTERLY UNE OF SAID LOT 8;
THENCE
6) DEPARTING SAID SOUTHERLY LINE, SOUTH 00.45'54' WEST, ALONG
SAID EASTERLY UNE, A DISTANCE OF 372.90 FEET; THENCE
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OnlOINAL
20NE CHANGE
(GURMEHAR ENTERPRISES INC., A CALIFORNIA CORPORATION)
LEGAL DESCRIPTION
(CONTINUED)
7) DEPARTING FROM SAID EASTERLY LINE, NORTH 59'0439' WEST,
119.93 FEET: THENCE
8) SOUTH 0('45'42" WEST, A DISTANCE OF 120.00 FEET: THENCE
9) NORTH 88'0433" WEST, A DISTANCE OF 540.73 FEET TO THE WEST
UNE OF SAID NORTHWEST QUARTER, THE WESTERLY LINE OF SAID
LOT 8 AND SAID CENTERLINE OF ASHE ROAD: THENCE
10)NORTH 00.45-" EAST, ALONG SAID WEST UNE, SAID WESTERLY
LINE AND SAID CENTERLINE, A DISTANCE OF 324.24 FEET TO THE
POINT OF BEGINNING.
CONTAINING 8.54 GROSS ACRES, MORE OR LESS,
CONTAINING 5.58 NET ACRES, MORE OR LESS (EXCLUDING EXISTING STREET
RIGHT-OF-WAYS AND PROPOSED LANDSCAPE EASEMENT ALONG TAFT
HIGHWAY)
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