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Home My WebLink AboutORD NO 4975ORDINANCE NO. 49 75 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 SOUTHWEST CORNER OF BERKSHIRE ROAD AND MOUNTAIN RIDGE DRIVE INTERSECTION (GPA/ZC NO. 18-0356). WHEREAS, the City of Bakersfield Development Services Department filed an application requesting an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from A -20A (Agriculture -20 Acre Minimum Lot Size) to R-1 (One Family Dwelling) on 12.97 acres and A -20A (Agriculture -20 Acre Minimum Lot Size) to OS (Open Space) on 16.53 acres located at the southwest corner of the Berkshire Road and Mountain Ridge Drive intersection (the "Project"); and WHEREAS, the Planning Commission held a public hearing on December 6, 2018, and approved Resolution 115-18, which recommended that the City Council approve the Project; and WHEREAS, the City Council has adopted a Negative Declaration for the project; .d. 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. WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in it Resolution No. 115-18 are hereby adopted. 3. 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 B and as specifically described in Exhibit A, 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. o``gAKF9m a T ORIGINAL I HEREBY CERTIFY that this foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on May 8, 2019, by the following vote: AV COUNCILMEMBER: RA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER ES: COUNCILMEMBER: A951W COUNCILMEMBERIXIM BSENT: COUNCILMEMBER K,VYAI I t l JULI�IS, CMCN� CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 0 8 2019 Aoll KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney Exhibits: A Legal Description B Zone Map 5:\Advance Planning\o]_GPAS\01 Active\2019\01\18-0356\Admin SR\03_CC_2nd Reading\CC ZC Ordinance 2nd 8AKF9 Reading.docx t� Page 2 of 2 o JORIGINAL EXHIBIT "A" SCHOOL SITE BERKSHIRE ROAD & MOUNTAIN RIDGE DRIVE Being a portion of Lot 6, Parcel Map Waiver No. 04-0357 evidenced by Certificate of Compliance recorded in Document No. 0204307843, Official Records of Kern County. Also being a portion of the Southwest Quarter of Section 27, Township 30 South, Range 27 East, M.D.B.&M., in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the southwest comer of said Section 27 marked by a concrete monument with a brass tag stamped C.O.B.; thence North 0" 25' 08" East along the west line of said Section a distance of 2632.43 feet to the west quarter comer of said section; thence South 89" 03' 12' East along the east west midsection line a distance of 1973.81 feet, to the true point of beginning; thence continuing South 89" 03' 12" East along the east west midsection line a distance of 679.34 feet to the center of said section; thence South 0" 30' 03" West along the north south midsection line a distance of 825.25 feet, thence North 89" 29'57 H West a distance of 685.78 feet; thence North 0" 56'48" East a distance of 830.57 feet, more or less to the east west midsection line of said section and the point of beginning. Containing 12.97 acres gross, 11.37 acres net. o�`gAKF9N r m 'v ORIGINAL EXHIBIT "An THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Being a portion of Parcel 2 of Parcel Map Walver No. 07-0742, as evidenced by Certificate of Compliance recorded October 12, 2007 as Document No. 0207207319 of Official Records, recorded In the office of the Kern County Recorder, being in the SW 1/4 of Section 27, Township 30 South, Range 27 East, M.D.B&M., in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Oommendng at the center of Said Section 27, also being the centhdine Intersection of Mountain Ridge Drive and Berkshire Road; thence North 89°03'12" West along the East West Mkisecdon line of said Section 27 also being the centedlne of Berkshire Road, a distance of 679.34 feet to the North East comer of mid Parcel 2 and the boint of beginning; thence South 00°5648" West along the East line of said Parcel 2, a distance of 897.01 feet; thence North 89°03'12" West, a distance of 110.00 feet, Hence North 00°56'48" East, a distance of 897.01 feet to a point on said East West Midsection line; thence South 89°03'12' East along Bald East West Midsection line, a distance of 110.00 feet to the point of beginning. EXCEPTING THEREFROM an undivided 1/2 interest in and to all all, gas and other hydrocarbon substances in and under and that may be produced from said land, as reserved by Mc Nee Company, In Deed recorded In Book 1142, Page 371 of Official Records. By documents entitled "Wahrer of Surface Access" recorded August 13, 1992 In Book 6713, Page 1578 and 1580 of Official Records, all right of surface access for oil, gas and other minerals, drilling, exploration and development, from the surface of the earth to a subsurface depth of 500 feet were waived to the surface owner of record. ALSO O(CEFT 1/4 of all oil, gas and other hydrocarbon substances In and under and that may be produced from said land as reserved by P.A. Klipmain, at al, In Deed recorded December 14, 1949 in Book 1424, Page 200 of Official Records. By documents entitled "Wales of Surface Amass" recorded September 15, 1992 in Book 6730, Pages 845, 849 and 852, all of Offfdal Records, all right of surface amass for oil, gas and other minerals, and drlllIng, exploration and development, from the surface of the earth bo a subsurface depth of 500 feet were waxed to the surface owner of record. ALSO EXCEPT 1/4 of all oil, gas and hydrocarbon substances within and underlying said land, as reserved by Oscar Rudnick, et al, in Deed recorded December 14, 1949 in Book 1424, Page 200 of Official Records. By documents a Bided "Waiver of Surface Access' recorded November 6, 1992 in Book 6759, Page 1137 of Official Records, all right of surface access for oil, gas and other minerals, and drilling, explanation and development, from the surface of the earth to a subsurface depth of 500 feet were quitclaimed to the surface owner of record, except for a two acre drill site to be located at a future date exdusiw:N within the NE 1/4 of the SW 1/4 of Bald Section 27. APN: 538.020-D2 (portion) PROPOSED PARK 51" Edz �x;m MOUNTAIN RIDGE DRIVE CIV MK 2,7 � �rxss�Eaato 5�0 lA RMA 2553,15'. SOLE: P . zoo' qN %*�/ ON ' 1' YM 16.5.3 6W 4C b 2' N j 7J r j 1. O m Z a ti a 16.5.3 6W 4C 2' . 3 1,3 4D NET AC1-9 j 7J umi �:n j 1. xanwx �n xas m. VICINITY MAP ASSOCIATES, INC. jj.PACIFIC ENGINEER NG 9ftl m Z a ti a IANI GLEE AOSEAVf� NIf11X610X AVEo GPAIZC 18-0356 WAY R-, R CADADO IN LEGEND R-1 `R^ R-2R(ZONE DISTRICTS) m R-i EXHIBIT B RA6UFi1f AVE R+ a PDN[RADO WAY OmimiyOw ly R-1 C may R mMM N. 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