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Home My WebLink AboutORD NO 4639ORDINANCE NO. 4 6 3 9 AN ORDINANCE AMENDING SECTION 17.06.020, OFFICIAL ZONE MAP OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM PLANNED COMMERCIAL DEVELOPMENT (P.C.D.) TO REGIONAL COMMERCIAL / PLANNED COMMERCIAL DEVELOPMENT (C-2/P.C.D.) ON APPROXIMATELY 5.14 ACRES LOCATED 5001 MING AVENUE (FILE 10-0395) WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield located at 5001 MING AVENUE as shown on Exhibit "A"; WHEREAS, by Resolution No.42-10 on October 21, 2010, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 10-0395 as delineated on attached Zoning Map marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the General Plan designation for this area allows for commercial development; and WHEREAS, the law and regulations relating to the preparation and adoption of Notices of Exemption, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, staff determined that the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15332 of the State CEQA Guidelines, and a Notice of Exemption was prepared on October 21, 2010, in accordance with CEQA, to be posted following Council approval; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on Wednesday, November 17, 2010, on Zone Change No. 10-0395, notice of time and place of the hearing been given at least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a local newspaper of general circulation in accordance with State Law; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. The proposed project is compatible with surrounding uses. -1 - 4. The proposed project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property, of which the boundary is shown on Zoning Map marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ---------000--------- -2 - r- - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on November 17, 2010, by the following vote: YE ' COUNCILMEMBER: SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, )~1r,nSa~ NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER:~ ROBERTA GAFFORDI-IC CITY CLERK and Ex icio Clerk of the Council of the City of Bakersfield HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney i i By: LA~&L Exhibits: A. Location Map B. Legal Description HCox \s:\ZoneChange\yr2010\10-0395\ozc-cc-10-0395 11/29/2010 -3 - o APPROVED DEC 1 5 2010 EXHIBIT A -4 - f-, z3 ZONE CHANGE 10-0395 - ZONING R-2-SC -2-5 R-3 R-2-SC CYPRESS POINT DR R-2-SC OS ---~--R_z f----------t---- R-1 R-1 OS G ~S1 r- R-1 C-O R-3 C = 0 Z R_3 g AMERICAN .'IE Q C-1 ~ S J C-1 R-2 C-1 FJORD DR L Oi 11 0 200 400 Feet T30S, R27E 91003 EXHIBIT B -5 - 'J LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Kern, City of Bakersfield, and described as follows: Parcel l: (APN: 355-010-12) That portion of Section 10, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California, according to the Official Plat thereof described as follows: Commencing at the Northeast corner of said Section 10, thence South 034'20" West, 55.98 feet along the East line if said Section to the true point of beginning of this description; thence continuing along East line South 0034'20" West, 650.00 feet; thence North 89025'40" West, 400.00 feet; thence North 8018'29" West, 519.05 feet to the point on a non-tangent circular curve concave Southeasterly and having a radius of 2800.00 feet; a radial of said curve through said point bears South 20029'18" East; thence Northeasterly along said curve through a central angle of 10°13'53" and an arc length of 500.00 feet to the true point of beginning. Except all oil, gas, minerals and other hydrocarbon substances within or underlying said land, or that may be produced and saved therefrom, providing however, grantor, his successors and assigns shall not conduct drilling or other operation upon the surface of said land, but nothing herein contained shall be deemed to prevent Grantor, his successors and assigns, from extracting or capturing said minerals by drilling on adjacent or neighboring lands and/or from conducting subsurface drilling operations under said land at a depth of 500 feet below the surface of said land, so as not to disturb the surface of said land or any improvements thereon, as reserved by Kern County Land Company, a California corporation to Stockdale Development Corporation, a California corporation in deed recorded May 27, 1960 in book 3271, page 26, of Official Records. Parcel 2: (APN: 440-190-01, 02, 03, & 04) Lots 1, 2, 3 and 4 of Tract No. 3412, in the City of Bakersfield, County of Kern, State of California, as per map recorded July 16, 1970 in Book 19, Page(s) 90 of maps, in the office of the County Recorder of said County. Excepting therefrom all oil, gas, minerals and other hydrocarbon substances within or underlying said land as reserved in deed of Record. (End of Legal Description) ti ✓f AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 20th day of December, 2010 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4639, passed by the Bakersfield City Council at a meeting held on the 15th_day of December, 2010 and entitled: AN ORDINANCE AMENDING SECTION 17.06.020, OFFICIAL ZONE MAP OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM PLANNED COMMERCIAL DEVELOPMENT TO REGIONAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT (C-2/P.C.D) ON APPROXIMATELY 5.14 ACRES LOCATED 5001 MING AVENUE (FILE 10-0395). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By A d&"~ DEP TY City Clerk SAD0CUMENTV0RMSW0P.0RD.wpd y r.