HomeMy WebLinkAboutORD NO 4981ORDINANCE NO. 4 9 8 1
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL
APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT,
GENERALLY LOCATED ON THE NORTHWEST CORNER OF THE
COTTONWOOD ROAD/EAST PLANZ ROAD INTERSECTION
(GPA/ZC NO. 18-0366).
WHEREAS, Gilmor Construction, Inc. for Ali Anal filed an application with the
City of Bakersfield Development Services Department requesting an amendment to the
land use map designation of the Metropolitan Bakersfield General Plan from LMR (Low
Medium Density Residential) to GC (General Commercial) on 0.66 acres and an
amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District
from R-2 (Limited Multiple Family Dwelling( to C-2 (Regional Commercial) on 0.66 acres,
located generally on the northwest corner of the Cottonwood Road/East Planz Road
intersection (the "Project"); and
WHEREAS, the applicant and/or property owner has indicated the purpose of the
Project is for the development of a one-story gas station with convenience store and
quick service restaurant on the entirely of APN 170-200-15, which is a total of 1.05 gross
acres in size and includes the 0.66 acres proposed in this GPA/ZC request; and
WHEREAS, the Planning Commission held a public hearing on June 6, 2019, and
approved Resolution No. 60-19, 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. 60-19
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 1<0AK49
located on the map as shown in Exhibit A and as specifically described in c T
Page 1 of 2
OflW^IM1AL
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.
EMEENT11I
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 14 2019 ,
by the following vote:
�✓ ✓ ✓ ✓ ✓ ✓
AYES COUNCILMEMBER: RIVE�RA.GONZALES,WEIR.SMIiH, FREEMAN. SULLIVAN, PAR LIES
COUNCILMEMBER: NOS'
ABSTAIN: COUNCILMEMBER: NW�C
ABSENT: COUNCILMEMBER:
APPROVED AUG 14 2019
W A0II(
KARE G
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: -/Z—
RICHARD
vRICHARD IGER
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
hy�A
JULIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
Page 2 of 2
LEGAL DESCRIPTION
BEING A PORTION OF THE SOUTHEAST ONE QUARTER OF THE SOUTHEAST ONE
QUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION S, TOWNSHIP 30 SOUTH,
RANGE 26 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
ALL OF LOT 6, OF TRACT NO. 1574, AS RECORDED SEPTEMBER 14,1950, IN BOOK 7 OF
MAPS, AT PAGE 111, ET SEQ, IN THE OFFICE OF THE KERN COUNTY RECORDER.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
JULIE DRIMAKIS, being duly sworn, deposes and says:
That she.is the duly appointed, acting and qualified City Clerk of the City of Bakersfield,
and that on the 16t' day of August, 2019 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4981, passed by the
Bakersfield City Council at a meeting held on the 14th daV of August, 2019 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,
GENERALLY LOCATED ON THE NORTHWEST CORNER OF THE
COTTONWOOD ROAD/EAST PLANZ ROAD INTERSECTION
(GPA/ZC NO. 18-0366).
JULIE DRIMAKIS, CMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DE UTY Cit Clerk
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ORIGAAL