HomeMy WebLinkAboutORD NO 4942ORDINANCE NO. 4 9 4 2
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED
ON THE NORTHEAST CORNER OF THE BUENA VISTA
ROAD/HARRIS ROAD INTERSECTION. (GPA/ZC 18.0050).
WHEREAS, RGF Properties LLC, for Steven Antongiovanni, filed an application with
the City of Bakersfield Development Services Department requesting to change the
zone district from C-2/PCD (Regional Commercial/Planned Commercial Development)
to R-2 fLimited Multiple Family Dwelling) zone district on 11.92 gross acres (9.5 net acres)
located on the northeast corner of the Buena Vista Road/Harris Road intersection (the
"Project"); and
WHEREAS, the Planning Commission held a public hearing on March 1, 2018, and
approved Resolution No. 43-18, which recommended that the City Council approve
the Project; and
WHEREAS, the City Council has adopted a Mitigated Negative Declaration for
the Project; and
WHEREAS, the City Council considered all facts, testimony, and evidence
concerning the Project, including the staff report, Mitigated 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. 43-18
are hereby adopted.
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 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. 0AK
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Page 1 of 2 m
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ORIGINAL
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HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on AUG 15 2018 ,
by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ ✓
AY COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN. PARLIER
NOES. COUNCILMEMBER: MgM
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: A r(11Q1
APPROVED AUG 15 1018
1
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
RICHARD IGER
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
CHRISTOPHER RY
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Page 2 of 2
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EXHIBIT "B-1"
Being a portion of the Northwest quintet of Section 19, Township 30 South, Range 27 East,
Mount Diablo Meridian, City of Bakersfield, County of Kem, State of California, said portion
being more particularly described as follows:
BEGINNING at the West one-quarter corner of said Section 19 m shown on Tract No. 6196,
Unit 1, recorded December 21, 2004, in Book 52, Pages 129 through 131 of Maps, filed in the
Office of the County Recorder of said County;
Course I) Thence North 00045'10" East, along the West line of said Northwest quarter, a
distance of 778.44 feet to the Westerly prolongation of the North line of Lot 107 of
said Tract No. 6196, Unit 1;
Course 2) Thence South 89°20'03" East, along said prolongation and North Lim of Lot 107, a
distance of 778.39 feet;
Course 3) Thence South 00'45'10" West, along the East line of said Lot 107 and its Southerly
prolongation, a distance of 778.46 feet to the South line of said Northwest quarter;
Course 4) Thence North 89'19'58" West, along said South line, a distance of 788.39 feet to
the POINT OF BEGINNING.
Containing 13.91 acres, more or less.
See Exhibit "B-2" attached hereto and made a part hereof
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PROPOSED GENERAL PLAN
AMENDMENT & ZONE CHANGE
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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 20'^ day of August 2018 he posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4942, passed by the
Bakersfield City Council at a meeting held on the 15th day of August 2018 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 ON THE NORTHEAST CORNER OF THE BUENA VISTA ROAD/HARRIS ROAD
INTERSECTION. (GPA/ZC 18-0050)
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
S'.\DOCUMENTFORMS OP.ORD w d