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HomeMy WebLinkAboutORD NO 5114ORDINANCE NO. 51 14 AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE CLASSIFICATION FROM R-1 (ONE FAMILY DWELLING) TO C-2/PCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT), LOCATED NORTH OF FAIRVIEW ROAD BETWEEN MONITOR STREET AND SOUTH UNION AVENUE (GPA/ZC NO. 22-0104). WHEREAS, Swanson Engineering is requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan designation from LR (Low Density Residential) to GC (General Commercial) 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 19.35 acres located north of Fairview Road between Monitor Street and S Union Avenue (the .Project'); and WHEREAS, the Planning Commission held a public hearing on October 6, 2022, and with no one wishing to speak in support or opposition, approved Resolution No. 99-22, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, November 16. 2022 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: l . The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 99-22 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 Exhibit B, all of which are incorporated herein. T Page 1 of 2 `ORIGINAL 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 Ibth day of November 2022, by the following vote: V ✓ V AY COUNCILMEMBER: G � I .Wen-i - B Freeman, G li NOES'. COUNCILMEMBER: ABSTAIN. COUNCILMEMBER: C� COUNCILMEMBER: I`Oor J IE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield By KAREN GOH Mayor VIRGINIA GENNARO, CITY ATTORNEY City Attor ey By VIRIDIANA GALLARDO-KIN Deputy City Attorney Exhibits: A Legal Description B Zone Change Map a40pKF,J T Page 2 of 2 `ORIGINAL EXHIBIT "A" Legal Description PROPOSED GPA/ZC Those portions of the East half of Lot 8 in Section 19, Township 30 South, Range 28 East as shown on Kern County Sales Map of Lands of J. B. Haggin, recorded May 3„ 1889 in the office of the Kern County Recorder, also being a portion of the Northeast quarter of Section 19, Township 30 South, Range 28 East, Mount Diablo Base and Meridian in the City of Bakersfield, County of Kern, State of California, described as follows: Parcel A of Parcel Map Waiver No. 30-89 per Certificate of Compliance recorded in Book 6335 Page 0837 through Page 0841 recorded January 12, 1990 of Official Records, Kern County. Parcel B of Parcel Map Waiver No. 30-89 per Certificate of Compliance recorded in Book 6335 Page 0837 through Page 0841 recorded January 12, 1990 of Official Records, Kern County. 1 of 1 OR!G!NAL EXHIBIT B GPA/ZC 22-0104 APN 412-051-J5 NOT A PART N PARM A APN 411-010-39 PM WAJt& NO JO-89 NOT A PART MV 6M PAGE 837 X OR. sine r. la 6u 0 APN 412-010-58 PROPOSED GPA/ZC 22-0104 ROAD '- 15' ROAO EASUCVT 6R 6711 PG 570 OF OR h b mi v 45' LOA. ROAD EASEXENT ; ¢ B( 513J PG 726 Of OR a 15' ROAO EA,%WT- B( 6" PG 1016 OF 0R. 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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 19'h day of December 2022 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5114 passed by the Bakersfield City Council at a meeting held on the 14th day of December 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 FROM R-1 (ONE FAMILY DWELLING) TO C-2/PCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT), LOCATED NORTH OF FAIRVIEW ROAD BETWEEN MONITOR STREET AND SOUTH UNION AVENUE (GPA/ZC NO. 22-0104). JULIE DRIMAKIS MMC City Clerk and Ex Officio of the Council of the City of Bakersfield P TY City Clerk S'.\DOCUMENT FORMSWOP.ORD Wpd