HomeMy WebLinkAboutORD NO 5082ORDINANCE NO. 5 08 2
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN
AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO
CHANGE THE ZONE CLASSIFICATION: (A) FROM R-1 (ONE FAMILY
DWELLING) AND .R-1/PUD (ONE FAMILY DWELLING/PLANNED UNIT
DEVELOPMENT) TO C-2/PCD (REGIONAL COMMERCIAL/PLANNED
COMMERCIAL DEVELOPMENT); AND (B) FROM R-1 (ONE FAMILY
DWELLING) AND R-1/PUD (ONE FAMILY DWELLING/PLANNED UNIT
DEVELOPMENT) TO R-2/PUD (LIMITED MULTIPLE FAMILY
DWELLING/PLANNED UNIT DEVELOPMENT), LOCATED AT 7100 SOUTH H
STREET (GPA/ZC NO.21-0322).
WHEREAS, James Marino is requesting: (1) an amendment to the land use map
designation of the Metropolitan Bakersfield General Plan: (a) from LR (Low Density
Residential) and LMR (Low Medium Density Residential) to GC (General Commercial);
and (b) from LR (Low Density Residential) to LMR (Low Medium Density Residential); and
(2) an amendment to Title 17 of the Bakersfield Municipal Code: to change the zone
classification: (a) from R-1 (One Family Dwelling) and R-1/PUD (One Family
Dwelling/Planned Unit Development) to C-2/PCD (Regional Commercial/Planned
Commercial Development); and (b) from R-1 (One Family Dwelling) and R-1/PUD (One
Family Dwelling/Planned Unit Development) to R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on 25.83 acres located at 7100 South H Street (the
"Project"); and
WHEREAS, the Planning Commission held a public hearing on March 10, 2022,
and with no one wishing to speak in support or opposition, approved Resolution No. 30-
22, which recommended that the City Council approve the Project; and
WHEREAS, the City Council held a public hearing on April 20, 2022 at which time
a related General Plan Amendment was approved for the Project; and
WHEREAS, 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:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 30-22
are hereby adopted.
3. 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 �AKF
Exhibit B, all of which are incorporated herein.
Page 1 of 2 b
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 the 4th day of May 2022,
by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES,W&R SMITH, a GRAY, PARLIER
OES: COUNCILMEMBER:
ABSLAIN. COUNCILMEMBER:
ABSENT: COUNCILMEMBER: __ e'w, Ir&-rn6Ln
APPROVED: MAY 0 L 2021
By — �4"/
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
is rtvv ��r
VI RI DIANX GALLARDO-KING
Deputy City Attorney
Exhibits: A Legal Description
B Zone Change Map
LIE DRIMAKIS, �MM
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Page 2 of 2
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50RIGINAL
,AND
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EXHIBIT A * " No. LS 8195
LEGAL DESCRIPTION _ Exp. 12 3
C-2 - PCD ZONE 11
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2/28/22
THAT PORTION OF PARCEL A OF LOT LINE ADJUSTMENT NO 16-0461 RECORDED
SEPTEMBER 29, 2017, BY CERTIFICATE OF COMPLIANCE DOCUMENT NO. 217130805
OF OFFICIAL RECORDS, BEING AN ADJUSTMENT OF LOTS 9 AND 10 OF BERKSHIRE
FARM TRACT, FILED AUGUST 27, 1901, IN BOOK 1 OF MAPS AT PAGE 38, IN THE
OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE
NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 30 SOUTH, RANGE 28 EAST,
MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 30, SAID CORNER
ALSO BEING THE INTERSECTION OF THE CENTERLINE OF SOUTH H STREET AND THE
CENTERLINE OF BERKSHIRE ROAD, THENCE NORTHERLY ALONG THE WEST LINE OF
SAID SECTION 30, NORTH 000 37' 11" EAST, A DISTANCE OF 61.00 FEET TO A POINT,
SAID POINT BEING ON THE WEST LINE OF SAID SECTION 30 AND ON THE
CENTERLINE OF SOUTH H STREET, ALSO BEING THE POINT OF BEGINNING; THENCE
1) NORTH 000 37' 11" EAST, NORTHERLY ALONG THE CENTERLINE OF SOUTH H
STREET, A DISTANCE OF 1260.75 FEET, TO A POINT, SAID POINT BEING THE
NORTHWEST CORNER OF SAID LOT 9 OF BERKSHIRE FARM TRACT; THENCE
2) DEPARTING SAID CENTERLINE OF SOUTH H STREET, EASTERLY ALONG THE
NORTH LINE OF SAID LOT 9 OF BERKSHIRE FARM TRACT, SOUTH 890 31' 00"
EAST, A DISTANCE OF 851.76 FEET TO A POINT, SAID POINT BEING THE
NORTHEAST CORNER OF SAID PARCEL A OF LOT LINE ADJUSTMENT NO. 16-
0461; THENCE
3) DEPARTING THE NORTH LINE OF SAID LOT 9, SOUTH 000 34' 24" WEST, A
DISTANCE OF 565.78 FEET TO A POINT, SAID POINT BEING ON THE EAST LINE
OF SAID PARCEL A OF LOT LINE ADJUSTMENT NO. 16-0461; THENCE
4) DEPARTING SAID EAST LINE OF SAID PARCEL A OF LOT LINE ADJUSTMENT NO.
16-0461, SOUTH 890 30' 60" EAST, A DISTANCE OF 570.21 FEET TO AN ANGLE
POINT; THENCE
PAGE 1 OF 2
` 0RIGINAL�
5) SOUTH 000 37' 11- WEST, A DISTANCE OF 695.00 FEET TO A POINT, SAID
POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF BERKSHIRE ROAD;
THENCE
6) ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 890 30' 34" WEST, A
DISTANCE OF 282.00 FEET TO A POINT, SAID POINT BEING ON THE WEST
LINE OF SAID SECTION 30, ALSO BEING ON THE CENTERLINE OF SOUTH H
STREET, ALSO BEING THE POINT OF BEGINNING.
CONTAINING 15.57 ACRES, MORE OR LESS.
PAGE 2 OF 2
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THIS MAP IS PROVIDED FOR
ILLUSTRATIVE PURPOSES ONLY
SCALE: 1 IN =200FT
FOR: EXHIBIT:
Palmetto DERREL'S MINI STORAGE, INC. PROPOSED ZONE CHANGE AREA
C-2-PCD ZONE AI
4300 Ashe Road, Suite 103 �C
Bakersfield, CA 93313
(661)664-0606 Land PROJECT NUMBER: DRAWN BY: CHECKED BY: APPROVED BY: DATE: Y
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EXHIBIT A Plo.! S 8195
Exp.12/31 22
LEGAL DESCRIPTION �'
R-2 — PUD ZONE
2/28/22
THAT PORTION OF PARCEL A OF LOT LINE ADJUSTMENT NO 16-0461 RECORDED
SEPTEMBER 29, 2017, BY CERTIFICATE OF COMPLIANCE DOCUMENT NO. 217130805
OF OFFICIAL RECORDS, BEING AN ADJUSTMENT OF LOTS 9 AND 10 OF BERKSHIRE
FARM TRACT, FILED AUGUST 27, 1901, IN BOOK 1 OF MAPS AT PAGE 38, IN THE
OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE
NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 30 SOUTH, RANGE 28 EAST,
MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 30, SAID CORNER
ALSO BEING THE INTERSECTION OF THE CENTERLINE OF SOUTH H STREET AND THE
CENTERLINE OF BERKSHIRE ROAD, THENCE SOUTH 890 30' 34" EAST, A DISTANCE OF
852.86 FEET ALONG THE CENTERLINE OF BERKSHIRE ROAD TO A POINT, SAID POINT
BEING THE SOUTHEAST CORNER OF SAID PARCEL A OF LOT LINE ADJUSTMENT NO.
16-0461, THENCE DEPARTING SAID CENTERLINE OF BERKSHIRE ROAD, ALONG THE
EAST LINE OF SAID PARCEL A. NORTH 000 34' 24" EAST, A DISTANCE OF 45.06 FEET
TO A POINT, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF BERKSHIRE
ROAD, ALSO BEING THE POINT OF BEGINNING; THENCE
1) ALONG SAID NORTH RIGHT-OF-WAY LINE, NORTH 890 40' 17" WEST, A
DISTANCE OF 27.89 FEET TO AN ANGLE POINT; THENCE
2) CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, NORTH 870 48' 44"
WEST, A DISTANCE OF 540.24 FEET TO AN ANGLE POINT; THENCE
3) CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, NORTH 890 30' 34"
WEST, A DISTANCE OF 2.86 FEET TO AN ANGLE POINT; THENCE
4) DEPARTING SAID NORTH RIGHT-OF-WAY LINE, NORTH 000 37' 11" EAST, A
DISTANCE OF 695.00 FEET TO AN ANGLE POINT; THENCE
Page 1 of 2
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5) SOUTH 890 31' 00" EAST, A DISTANCE OF 570.21 FEET TO A POINT, SAID
POINT BEING ON THE EAST LINE OF SAID PARCEL A OF LOT LINE
ADJUSTMENT NO. 16-0461; THENCE
6) ALONG SAID EAST LINE, SOUTH 000 34' 24" WEST, A DISTANCE OF 710.99
FEET TO A POINT, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF
BERKSHIRE ROAD, ALSO BEING THE. POINT OF BEGINNING.
CONTAINING 9.21 ACRES, MORE OR LESS.
Page 2 of 2 o�6AK,,q
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LLA 16-0461
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OF BERKSHIRE RD. AND SOUTH H ST.
200 0 200 400
THIS MAP IS PROVIDED FOR
ILLUSTRATIVE PURPOSES ONLY
SCALE: 1 IN =200FT
FOR: EXHIBIT:
Palmetto DERREL'S MINI STORAGE, INC. PROPOSED ZONE CHANGE
R-2-PUD ZONE
4300 Ashe Road, Suite 103 KE
Bakersfield, CA 93313 '9�
(661) 664-4806 Land PROJECT NUMBER: DRAWN BY: CHECKED BY: APPROVED BY: DATE: Q �i
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CITY OF BAKERSFIELD !¢� RS ;3: x 'i '�: o y' a! ice! R-14.5One Family Dwelling
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4500 sq.ft. min let size
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Lt C-2 HARRY,E•YARNELL(T a a EUBANKS_AVE - =5
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PANAMA AMAIN 1, 2.5, 5 or 10 min lot size
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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 6th day of May, 2022 she posted on the Bulletin Board at City Hall, a full,
true and correct copy of the following: Ordinance No. 5082, passed by the Bakersfield
City Council at a meeting held on the 4th daV of May, 2022 and entitled:
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN
AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO
CHANGE THE ZONE CLASSIFICATION: (A) FROM R-1 (ONE FAMILY DWELLING)
AND R-1/PUD (ONE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) TO
C-2/PCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT);
AND (B) FROM R-1 (ONE FAMILY DWELLING) AND R-1/PUD (ONE FAMILY
DWELLING/PLANNED UNIT DEVELOPMENT) TO R-2/PUD (LIMITED MULTIPLE
FAMILY DWELLING/PLANNED UNIT DEVELOPMENT), LOCATED AT
7100 SOUTH H STREET (GPA/ZC NO. 21-0322).
JULIE DRIMAKIS. MMC
City Clerk and Ex,Officio of the
Council of the City of Bakersfield
DE U City Clerk
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