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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 T Page 1 of 2 } m 0ORIG:NAL 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 o`rgAKe9N m °OR;G:NAL / ✓ ✓ ✓ ✓ ✓ ✓ AVE COUNCILMEMBER: RIVERA, GONZALES.WEIR, SMITH, FREEMAN, SULLIVAN. PARLIER NOES: COUNCILMEMBER: I OA$- ABSTAIN: COUNCILMEMBER: N ABSENT' COUNCILMEMBER: JULIE DRIM KIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 14 2019 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: / Ea ` RICHARD IGER Deputy City Attorney Exhibits: A Zone Change Map B Legal Description Page 2 of 2 o`rgAKe9N m °OR;G:NAL 0 0 0 f £ s �{{` E if f S n_€€ M£ E aEz L b a ZHe leg i ¢s3 � - r. J = 004 Yx$ $RAXvoYAgF� Y!' FE N p82I$esga ��RgE B��Fj cEi =eY�$86#S=tg9N�8p.e.�Yg8�S e: Se gSS�e�Sf�sefk:`�°a_„` Is p011tl9 p z e c a < a a 'a'ad3ra a oe`a 89N---- ^ z _ w t s]ier le 9XItl3XIAM < K N If K YtlABI C: .. w rc SA311Y 1 YS z e z rc le � t — 1 h s � y df y5 MW 3 ! w IIMYtl � ! a w C ^ i K K C K 3tl p � 6 i 1 e a ¢O ^ ^ xov U i 6 01 O ¢ a V G G G n n r N O V a rc op a 1 LO N U C N gqw p O Q ^ K ¢ OP l ii co - F K K z�i _AYY � C z� R�:a:a'da'a t717�(;.Cr 10 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. o`�eAKF9N T n L OR1u;IvA 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 S'.\DOCUMENT\FORMSV OP ORD.wpd