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Home My WebLink AboutORD NO 5019ORDINANCE NO.5 Q 1 9 AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL UPHOLDING THE APPEAL AND APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT, LOCATED EAST OF OLD RIVER ROAD BETWEEN PANAMA LANE AND EMPIRE STATE DRIVE (GPA/ZC NO. 19-0184). WHEREAS, McIntosh & Associates for David Combs c/o Nicholson Combs, LLC, 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 LMR (Low Medium Density Residential) on 16.89 gross acres and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 16.89 gross acres, located east of Old River Road between Panama Lane and. Empire State Drive (the "Project"); and WHEREAS, the Planning Commission held a public hearing on March 5, 2020, and approved Resolution No. 15-20, which denied the Project; and WHEREAS, the Clerk of the City Council set Wednesday, July 15, 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 an appeal to the Planning Commission decision of March 5, 2020, and continued the hearing to August 12, 2020; and WHEREAS, the City Council on August 12, 2020 upheld the appeal; and WHEREAS, the City Council has adopted a Mitigated Negative Declaration with mitigation measures 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 City Council hereby upholds the applicant's appeal and the Planning Commission's findings as contained in its Resolution No. 15-20 are hereby overturned. 3. The Project is subject to mitigation measures found within the adopted Mitigated Negative Declaration for the Project. Page 1 of 2 m JORIGNAL 4. The Project is hereby approved incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 as specifically described in Exhibit A and located on the map as shown in 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. ---------000--------- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on SFP n 9 7n2n by the following vote: YE COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER: t0 WE ABSTAIN: COUNCILMEMBER: NO ME ABSENT: COUNCILMEMBER: X10 NE APPROVED SEP 0 9 2020 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO VIRIDIANA PALL -ARD< Deputy City Attorney Exhibit A: Legal Description Exhibit B: Zone Change Map JU IE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ,bAKF S:\Advance Planning\07_GPAs\01_Active\2020\Q3\19-0184\Res_0rd\02_CC\1st Reading\CC ZC Ordinance.docx o�C Page 2 of 2 - EXHIBIT "A" ZONE CHANGE AND GENERAL PLAN AMENDMENT LEGAL DESCRIPTION ALL THAT PORTION OF PARCEL B OF LOT LINE ADJUSTMENT NO. 14-0427 PER CERTIFICATE OF COMPLIANCE RECORDED JUNE 15, 2015 AS DOCUMENT NO. 0215076484 OF KERN COUNTY OFFICIAL RECORDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL, THENCE SOUTH 89014'59" EAST ALONG THE NORTH LINE THEREOF, 1326.54 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE SOUTH 0°38'55" WEST ALONG THE EAST LINE OF SAID PARCEL, 555.19 FEET; THENCE NORTH 89°14'59" WEST, 1328.69 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL; THENCE NORTH 0121'13" EAST ALONG SAID WEST LINE, 555.20 FEET TO THE POINT OF BEGINNING. CONTAINING 16.89 ACRES, MORE OR LESS MIC."IN T -Amcs: wg'Ll, 661-834-4814.661-834-0972 2001 Wheelan Court • Bakersfield, CA 93309 /(9 a P:\PROJECTS\17020.00-PANORRD\Legals\LEGAL Description ZC_ GPA.docx JD04252019 O�ZAKF ORIGINAL ZONE CHANGE DATE: 04/25/19 MCINTOSH /ASSOCIATES _� 661.834-4814 •661-834.0972 2001 Wheelan Court • Bakersfield, CA 93309 Done by: CRogers .lob No: 17-020 Name: EXISTING R-1 TO R-2 North: 2297255.5899' East: 6230489.3827' Segment #1 : Line Course: S89`14'59"E Length: 1326.54' North: 2297248.2196' East: 6231815.8090' Segment #2 : Line Course: SO°38'55"W Length: 555.19' North: 2296683.0651' East: 6231809.5241' Segment #3 : Line Course: N89°14'59"W Length: 1323.69' North: 2296700.3981' East: 6230485.9476' Segment #4 : Line Course: NO°21'13"E Length: 555.20' North: 2297255.5876' East: 6230489.3741' Perimeter: 3760,62' Area: 735688.23 5q. Ft./16.89 Ac Gross Error Closure: 0.0089 Course: S74°53'25"W Error North: -0.00232 East: -0.00859 Precision 1:422541.57 M A. Mc1NTo N Jp '�o, 4380 �Q OF- CALW P:\PROD ECTS\17020.00-PAN ORRD\X-P ROJ\DWG\G PA-ZC\17020ZC01-CALCS. DOCX . — __7 GPA/ZC 19-0184 R-1 0 3 R-1 �,� CENTENNIAL R-1 SWIGERTCT R-1 �I STAR DR TRADEWINDS •�• LEGEND w = 3 SUMATRAAVF- m o PARK (ZONE DISTRICTS) G w BATTAGLIA DR ,= OS °• N R-1 BLOSSOMTIMEAVE '•� R-1 One Family Dwelling i M-2 ••• 6,000 sq.ft. min lot size R-1 = COUSTEAU AVE __ v � 3 R-1 W '• R-1-4.5 One FamilyDwelling CITY OF BAKERSFIELD °_1 tL R-1 m 4,sogsq.ft.min lot size •�[ER KABARA CT•' R-1 0 3 _ - - TROPICANA•DR • - E Estate R-1 R-1 1 J L 10,000 sq.ft. min lot sire " -HARRIS RD „ _- _ • r R-S Residential Suburban 4 HARRIS•RD -- _- ;_ _ .. _ ;- 24,OOOsq.ftldwellingunit R-1 R_1 R_1 R-S{ ) Residential Suburbon 3 R-1R-1 I, 2.5, 5 or 10 min lot size SIRRETTA PEAK PL- _ - -• SENTINEL PEAK PL, ! LIBERTY ISLAND DR =• --- FIVE BURROUGHS DR � R-2 Limited Multiple Family Dwelling ------------- i� r 4,500 sq.ft. min lot size (single family) `:�, R-1 0 3 R-1 x R-1 R-1 6,000 sq.ft. min lot size (multifamily) •� 0 2,500 sq.ft.lot area/dwelling unit • - = R-1 m • •- DUT(NMAN PEAK LN =� c R-3 Multiple Family Dwelling o -- - =CONEY ISLAND OR � � - - - � ' - 6,000 sq.ft. min lot sire R-1 9/jIf JVt M-21,250 sq.ft. lot arealdwelling unit a R-1 R-1 R-1R-4 High Density Multiple Family Dwelling R-1 a W R-1 LUCY-OLIVE 6,000 sq.ff. min lot size ONYX PEAKIN :•• - - •METROPOLITAN WAY - - METROPOLITAN WAY• _ •- LINCOLN CENTER CT PL 600 sq.ft.lot area/dwelling unit .. •^ R-H Residential Holding • :i R-1 9 R-1 20 acre min lot size R-1 . R-1 3 R-1 R-1 tZ R-1 A Agriculture a a a ROCKAWAY BEACH CT • - • 6,000 Agriculture min lot size SHAAKTOOTH PEAK• - BUCKHORH PEAK DR• _ R-1 _ 3 A-20A A riculfure 16 ¢DR t — EMPIRE STATE DR • • - 9 R-1 20 acre min lot size a R-1 PUD Planned Unit Development <•STATEN ISLAND DR M-2 TT Travel Trailer Park • - - x MH Mobilehame R-1 R-1 R-1 R-1 C-0 Professional and Administrative Office FROM: R-1 C-1 Neighborhood Commercial C-2 Regional Commercial •.2lG TO: R-Z LONG ISLAND OR •SCARLETT DAN IELL C_C Commercial Center R-1 R-1 C-B Central Business °•°�s•9� CT' PCD Planned Commercial Development (ARNFGIEHALL LN ,W M-1 Light Manufacturing ••� M-2 General Manufacturing •°'LS R-1 M•3 Heavy Industrial °••Qj, m R-1 M-2 P Automobile Parking R-1 •°�� J RE Recreation ••% BROADWAY AVE - _= Ch Church Overlay •• p OS Open Space •� Q R-1 HOSP Hospital Overlay ••• ROCKEFELLER ST< AD Architectural Design Overlay PANAMA DITCH (<` FP-P Floodplain Primary •, FP-S Floodplain Secondary _ PANAMA LN- AA Airport Apreach �.. -.: PANAMA LN _ _ �jY LIA4 ° •� — �ti G _.�._ /T,.� DI Drilling Island R-1 ? °•• r j 1' PE Petroleum Extraction Combining r m •. 3 �. SC Senior Citizen Overlay MURFREESBORO DR •NORSETAIL, W , "' of •°•° CREEK (i °` IHD Hillside Development Combining c nR-1 �o• WM- West Ming Specific Plan R-1 o C.2 '••• W 1 0_1 M- DAVIS BRIDGE AVE •_ •°• CARRIAGE fREEKCT BAKERSFIELD R-1 R-1 e. LQE ; A j. V................. R-1 ° R-1 . N BLOUNTSVILLEDR = - ° R-1 %L 1 J N R-1 r 3 R-1 fgrq/!f S U M-1 US Feet T Y 0 a FORT SANDERS AVE rte• j 0 300 600 R_1 -,I m Fe UNEUN pkq R- �I ................... Doument Name: 2019090_G PAs 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 14th day of September, 2020 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5019, passed by the Bakersfield City Council at a meeting held on the 9th day of September, 2020 and entitled: AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL UPHOLDING THE APPEAL AND APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT, LOCATED EAST OF OLD RIVER ROAD BETWEEN PANAMA LANE AND EMPIRE STATE DRIVE (GPA/ZC NO. 19-0184). JULIE DRIMAKIS, CMC City Clerk'and Ex Officio of the Council of the City of Bakersfield ByAUTY DEity Clerk SAD0CUMENl1F0RMSW0P.0RD.wpd ORIGINAL