HomeMy WebLinkAboutORD NO 4940ORDINANCE NO. 4 9 4 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 ALONG THE NORTH SIDE OF MCCUTHEN
ROAD, APPROXIMATELY 1,300 FEET WEST OF ASHE ROAD.
(GPA/ZC NO. 17-0354).
WHEREAS, Moran Development Company for Beech A/C Properties, LLC, filed an
application with the City of Bakersfield Development Services Department requesting to
change the zone district from R-2 (Limited Multiple Family Dwelling to R-2/PUD (Limited
Multiple Family Dwelling/Planned Unit Development) on 38.01 acres located along the
north side of McCutchen Road, approximately 1,300 feet west of Ashe Road (the
"Project'); and
WHEREAS, the Planning Commission held a public hearing on June 7, 2018, and
approved Resolution No. 40-18, 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. 40-18
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.
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Page I of 2
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ORIGINAL
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 AUG 15 2018 ,
by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ ✓
AYE COUNCILMEMBER: RIVERA, GON2ALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
ES COUNCILMEMBER: 1
ABSTAIN: COUNCILMEMBER: "NtD`1L.
ABSENT: COUNCILMEMBER: `¢.
APPROVED AUG 15 7018
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: U
RICHARD IGER
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
CHRISTOPHER dERRY
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Page 2 of 2
ORIGINAL
GPA/ZC 17-0354
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EXHIBIT `A'
GENERAL PLAN AMENDMENT LEGAL DESCRIPTION
A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 28,
TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M. IN THE CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID WEST HALF ALSO BEING THE
NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 3096 RECORDED IN BOOK
15, PAGE 2 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF KERN COUNTY
CALIFORNIA;
THENCE SOUTH 00°27'45" WEST ALONG THE EAST LINE OF SAID WEST HALF A
DISTANCE OF 1258.16 FEET;
THENCE NORTH 88059118" WEST A DISTANCE OF 1322.37 FEET TO THE WEST
LINE OF SAID WEST HALF;
THENCE NORTH 00°30113" EAST ALONG THE WEST LINE OF SAID WEST HALF A
DISTANCE OF 1257.99 FEET TO THE NORTHWEST CORNER OF SAID WEST HALF;
THENCE SOUTH 88059'43" EAST ALONG THE NORTH LINE OF SAID WEST HALF A
DISTANCE OF 1321.47 FEET TO THE POINT OF BEGINNING.
CONTAINS 38.18 ACRES MORE OR LESS.
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ORIGINAL
EXHIBIT 'B'
GENERAL PLAN AMENDMENT EXHIBIT
A PORTION IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 18,
TOWNSHIP 30 SOUTH, RANGE 27 EAST, M,O,M. IN THE CITY OF BAKERSFIELD,
KERN COUNTY CALIFORNIA
NORTH LINE OF W1/2 OF
SE1/4 OF SEC 30 30/27
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SCALE: 1"=400'
LEGEND
K.C.S. KERN COUNTY SURVEYOR
Inc` POINT OF BE
\\ N88°59'43"W
132147'
NW CORNER OF THE W1/2
OF THE SE 1/4 SECTION 28 30/27
NE CORNER OF THE W1/2 OF THE SE 1/4 OF .
SECTION 28, 30/27 AND NW COR. PARCEL 1 OF
PM 3096
38.18 ACRES GROSS
EAST LINE OF W1/2 OF
SE1/4 OF SEC 30 30/21
WEST LINE OF W1/2 OF THE
SEI/4 OF SEC 30 30/27
1322.37'
PARCEL 1 OF TENTATIVE
PARCEL MAP NO. 12023
1/4 CORNER SECTION 28 30/27
SW CORNER OF THE W1/2
OF THE SE 1/4 OF
SECTION 28, 30/27
1323.36'
- --N89'01'23"W
Q McCLITCHEN ROAD
BASIS OF BEARING
THE BEARING OF N00°30'13"E FOR THE WEST LINE OF THE
SOUTHEAST QUARTER OF SECTION 28, T.30S„ R.27E.,
M.D.M. WAS USED AS THE BASIS OF BEARING FOR THIS
MAP.
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'oIGINAL
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 20th day of August. 2018 he posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4940 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 ALONG THE NORTH SIDE OF MCCUTCHEN ROAD, APPROXIMATELY 1,300
FEET WEST OF ASHE ROAD. (GPA/ZC 17-0354)
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
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