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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. -------mo-----' � gAkE9 Page 1 of 2 T U � PFIOINAt 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 Page 2 of 2 of g AKF9N U G ORIGINAL Q 2 O Q 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 of a��F9,n U G 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) e 404-re14•M43"M 2001 P3w§m Caul • BvtM x%K G 933M �aPRF9 O ST � T J (]RIOINAL