HomeMy WebLinkAboutORD NO 4983ORDINANCE NO. 4 9 8 3
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 SOUTHEAST CORNER OF THE
SOUTH H STREET AND HOSKING AVENUE INTERSECTION
(GPA/ZC NO. 18-0457).
WHEREAS, DeWalt Corporation for Daniel and Susan Duncan, 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 LR (Low Density Residential) to GC (General Commercial) on 12.97 acres and
an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District
from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned
Commercial Development) on 12.97 acres, located generally on the southeast corner
of the South H Street and Hosking Avenue intersection (the "Project'); and
WHEREAS, the applicant and/or property owner has indicated the purpose of the
Project is for the development of commercial uses including a fast food restaurant,
convenience store with a gas station and car wash, and a mini -storage facility on 12.97
gross acres; and
WHEREAS, the Planning Commission held a public hearing on June 6, 2019, and
approved Resolution No. 66-19, 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. 66-19
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
located on the map as shown in Exhibit A and as specifically described in cF 9AKF9N
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Page 1 of 2 } m
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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.
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:
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: / Ea `
RICHARD IGER
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
Page 2 of 2
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AVE
COUNCILMEMBER:
RIVERA, GONZALES.WEIR, SMITH, FREEMAN, SULLIVAN. PARLIER
NOES:
COUNCILMEMBER:
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ABSTAIN:
COUNCILMEMBER:
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ABSENT'
COUNCILMEMBER:
JULIE DRIM KIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED
AUG 14 2019
KAREN GOH
MAYOR of the
City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: / Ea `
RICHARD IGER
Deputy City Attorney
Exhibits: A Zone Change Map
B Legal Description
Page 2 of 2
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LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THE N % OF THE NW X OF SECTION 31, TOWNSHIP 30 SOUTH, RANGE 28 EAST, M.D.M., IN THE
UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF.
EXCEPT THE EAST 70 ACRES.
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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 161h day of August, 2019 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4983, passed by the
Bakersfield City Council at a meeting held on the 14th day 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 SOUTHEAST CORNER OF THE
SOUTH H STREET AND HOSKING AVENUE INTERSECTION
(GPA/ZC NO. 18-0457).
JULIE DRIMAKIS, CMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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