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HomeMy WebLinkAboutORD NO 5005ORDINANCE NO. 5 0 0 5 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 1301 AND 1401 NEW STINE ROAD, BAKERSFIELD, CALIFORNIA 93309 (GPA/ZC NO. 19-0345). WHEREAS, Paul Dhanens Architect, representing Human Good NorCal dba Rosewood Retirement Community (property owner), submitted an application with the City of Bakersfield requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from HR (High Density Residential) to MUC (Mixed Use Commercial) on 7.0 acres and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-3 (Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on 7.0 acres located at 1301 and 1401 New Stine Road, Bakersfield, California 93309 (the "Project"); and WHEREAS, the City Council adopted a Negative Declaration for the Project; and WHEREAS, the Planning Commission held a public hearing on March 5, 2020, and approved Resolution No. 18-20, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday. April 8, 2020 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, 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: The above recitals, incorporated herein, are true and correct. The Planning Commission's findings as contained in its Resolution No. 18-20 are hereby adopted. 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. �AkFn Page 1 of 2 J O '�Hi:N9l_ 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. --------000-------- I HEREBY CERTIFY that the foregoing Ordinance was passed and ado 0 s tQted by the Council of the City of Bakersfield at a regular meeting held -- by the following vote: x��// ✓ " '/✓ ✓ V CO COUNCILMEMBER: RI VERA GONZALE5.WEIR, SMITH, FREEMAN, SULLIVAN, EARLIER NOES: COUNCILMEMBER: NDnQ ABSTAIN: COUNCILMEMBER: NCY'4- ABSENT: COUNCILMEMBER: Dpi APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED Is to form: VIRGINIA NNARO City Attor ey By: RICH RD IGER Deputy City Attorney Exhibits: A Zone Change Map B Legal Description JU IE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Page 2 of 2 ')H;3NAL ZONE MODIFICATION EXHIBIT "B" OWNER: AMERICAN BAPTIST HOMES OF THE WEST, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION. PROJECT INFORMATION SITE ADDRESS: 1301 NEW STINE ROAD BAKERSFIELD, CA 93309 APN: 194-011-10:194-011-11 SITE SIZE: 4.51 ACRES (NET) 8 6.85 ACRES (NET), MORE OR LESS GENERAL PLAN DESIGNATION: HR - HIGH DENSITY RESIDENTIAL EXISTING ZONING: PARCEL A: R-3; PARCEL B: R-3 PROPOSED ZONING: PARCEL A: R-3; PARCEL B: C-1 EXISTING USE: NURSING HOME PROPOSED USE: NURSING HOME WATER: CALWATER SEWER: CITY OF BAKERSFIELD BASIS OF BEARING: THE BEARING OF SOUTH 00°3116" WEST SHOWN FOR THE CENTERLINE OF NEW STINE ROAD 'THIS PLAT MI CH STER, P.L5. 9041 ONLY' VICIPETY MAP NO SCALE LAND SURVEYOR LANDMARK SURVEYING AND ENGINEERING, INC. 3101 N. SILLECT AVENUE SUITE 103 BAKERSFIELD, CA 93308 (661)859-1923 CONTACT: MICHAEL DAUSTER mtlauster�lantlmaikse.com LAND E Q 9047 91 DAT � OF ZONE MODIFICATION EXHIBIT "B' ----JL SUNDALE AVENUE 65.00 POINT DRIVE 5855846 CYPRESS 5a 46 PARCELA EXISTING ZONE- R-3 PROPOSED ZONE - R-3 4.51 ACRES (NET) APN: 194-011-11 BUILDING EX6TING 9UILOING EXISTING ZONE -R-3 PROPOSED ZONE -C-1 6.85 ACRES (NET) APN: 194-011-10 EXISTING emmlNG C2 � I m I APN: 355-44-03 1 I _ I 1 N8 .28-24-W 5500 SCALE: 1"= 200' I O 0 p 2 N APN: 194-011-21 �I N I I LFJORO DRIVE — APN'194-011-22 I I I IAI o I I � CURVE TABLE CURVE Im nl ( r I�I ANGENT la $ y m W y I C2 �I I INDIAN WELLS AVENNE ]8.13 C3 I< POINT DRIVE 5855846 CYPRESS 5a 46 PARCELA EXISTING ZONE- R-3 PROPOSED ZONE - R-3 4.51 ACRES (NET) APN: 194-011-11 BUILDING EX6TING 9UILOING EXISTING ZONE -R-3 PROPOSED ZONE -C-1 6.85 ACRES (NET) APN: 194-011-10 EXISTING emmlNG C2 � I m I APN: 355-44-03 1 I _ I 1 N8 .28-24-W 5500 SCALE: 1"= 200' I O 0 p 2 N APN: 194-011-21 �I N I I LFJORO DRIVE — APN'194-011-22 I I I PLAT IS FOR ILLUSTRATIVE PURPOSES ONLY" 2 OF IAI CURVE TABLE CURVE LENGTH RADIUS DELTA ANGENT Ci 10].]3 221].26 2°4]'02" 53.88 C2 1 128.68 90.00 81°55'13' ]8.13 C3 1 12.91 2500 29°3515" 6.60 PLAT IS FOR ILLUSTRATIVE PURPOSES ONLY" 2 OF EXHIBIT "A" LEGAL DESCRIPTION FOR ZONE MODIFICATION AT THE INTERSECTION OF SUNDALE AVENUE AND NEW STINE ROAD IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA BEING AN ADJUSTMENT OF PARCEL A AND PARCEL B OF PARCEL MAP NO. 4503 FILED IN BOOK 20 OF PARCEL MAPS AT PAGE 61 IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE 8 MERIDIAN, IN THE CITY OF BAKERSFIELD, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL"A" COMMENCING AT THE INTERSECTION OF SUNDALE AVENUE AND NEW STINE ROAD IDENTIFIED BY A CONCRETE MONUMENT IN LAMPHOLE AS DESCRIBED ON SAID PARCEL MAP NO. 4503, THENCE ALONG THE CENTERLINE OF NEW STINE ROAD, SOUTH 00°31'36" WEST, A DISTANCE OF 65.00 FEET; THENCE LEAVING THE CENTERLINE OF NEW STINE ROAD, NORTH 89°28'24" WEST, A DISTANCE OF 55.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF NEW STINE ROAD AND ALSO THE POINT OF BEGINNING; 1) THENCE ALONG THE WESTERLY RIGHT OF WAY OF NEW STINE ROAD, SOUTH 00°31'36" WEST, A DISTANCE OF 347.42 FEET; 2) THENCE LEAVING THE WESTERLY RIGHT OF WAY OF NEW STINE ROAD. SOUTH 74°54'48" WEST, A DISTANCE OF 214.24 FEET; 3) THENCE NORTH 74'54'22' WEST, A DISTANCE OF 29 1. 10 FEET; 4) THENCE NORTH 04°16'50" WEST, A DISTANCE OF 350.49 FEET TO THE SOUTHERLY RIGHT OF WAY OF SUNDALE AVENUE AND ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2217.26 FEET, TO WHICH BEGINNING OF CURVE BEARS A RADIAL OF SOUTH 02'1526" EAST; 5) THENCE ALONG SAID SOUTHERLY RIGHT OF WAY OF SUNDALE AVENUE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°4702", AN ARC DISTANCE OF 107.73 FEET; 6) THENCE CONTINUING ALONG THE SOUTHERLY RIGHT OF WAY OF SUNDALE AVENUE. SOUTH 89°28'24" EAST. A DISTANCE OF 389.83 FEET; 7) THENCE SOUTH 44'28'24" EAST, A DISTANCE OF 28.29 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 4.51 GROSS ACRES THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN ACCORDANCE WITH THE SUBDIVISION MAP ACT. LAND ` 9047 �.jl rJq 91 FOFCAI MICHAILE,AUS ER, .LS. 904] ATE U k''C.i EXHIBIT "A" LEGAL DESCRIPTION FOR ZONE MODIFICATION AT THE INTERSECTION OF SUNDALE AVENUE AND NEW STINE ROAD IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA BEING AN ADJUSTMENT OF PARCEL A AND PARCEL B OF PARCEL MAP NO, 4503 FILED IN BOOK 20 OF PARCEL MAPS AT PAGE 61 IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE 8 MERIDIAN, IN THE CITY OF BAKERSFIELD. IN THE COUNTY OF KERN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL"B" COMMENCING AT THE INTERSECTION OF SUNDALE AVENUE AND NEW STINE ROAD, IDENTIFIED BY A CONCRETE MONUMENT IN LAMPHOLE AS DESCRIBED ON SAID PARCEL MAP NO. 4503, THENCE ALONG THE CENTERLINE OF NEW STINE ROAD, SOUTH 00°31'36" WEST, A DISTANCE OF 65.00 FEET; THENCE LEAVING THE CENTERLINE OF NEW STINE ROAD, NORTH 89°28'24" WEST, A DISTANCE OF 55.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF NEW STINE ROAD; THENCE ALONG THE WESTERLY RIGHT OF WAY OF NEW STINE ROAD, SOUTH 00°31'36" WEST, A DISTANCE OF 347.42 FEET TO THE POINT OF BEGINNING; 1) THENCE ALONG THE WESTERLY RIGHT OF WAY OF NEW STINE ROAD, SOUTH 00°31'36" WEST, A DISTANCE OF 669.81 FEET; 2) THENCE LEAVING THE WESTERLY RIGHT OF WAY OF NEW STINE ROAD, SOUTH 85°43'10" EAST, A DISTANCE OF 242.51 FEET TO THE NORTHERLY RIGHT OF WAY OF CYPRESS POINT DRIVE AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 90.00 FEET, TO WHICH BEGINNING OF CURVE BEARS A RADIAL OF SOUTH 48°02'58" WEST; 3) THENCE ALONG SAID NORTHERLY RIGHT OF WAY OF CYPRESS POINT DRIVE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81"55'13", AN ARC DISTANCE Of 128.68 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 25.00 FEET, TO THE WHICH THE BEGINNING OF CURVE BEARS A RADIAL OF SOUTH 33°52'21"EAST; 4)THENCE CONTINUING ALONG THE NORTHERLY RIGHT OF WAY OF CYPRESS POINT DRIVE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29.3531", AN ARC DISTANCE OF 12.91 FEET 5)THENCE CONTINUING ALONG THE NORTHERLY RIGHT OF WAY OF CYPRESS POINT DRIVE, SOUTH 85.43'10. WEST, A DISTANCE OF 68.46 FEET; 6) THENCE LEAVING THE NORTHERLY RIGHT OF WAY OF CYPRESS POINT DRIVE, NORTH 04°16'50" WEST, A DISTANCE OF 703.86 FEET; 7) THENCE SOUTH 74.54'22" EAST, A DISTANCE OF 291.10 FEET' 8) THENCE NORTH 74°5448" EAST, A DISTANCE OF 214.24 FEET TO THE BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6.84 GROSS ACRES THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION INACCORDANCE WITH THE SUBDIVISION MAP ACT. LANG „ 9047 T /y 9T FaF CAS MICHA AUSTER,RLS. 9047 GATE 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 811 day of Mav' 2020 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5005, passed by the Bakersfield City Council at a meeting held on the 61" day of May. 2020 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 AT 1301 AND 1401 NEW STINE ROAD, BAKERSFIELD, CALIFORNIA, 93309 (GPA/ZC NO. 19-0345) JULIE DRIMAKIS CMC City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEP TY City Clerk S.00CUMENTFOWSNOP.01M.wPd