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HomeMy WebLinkAboutORD NO 5123ORDINANCE NO. 5 1 2 3 AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE CLASSIFICATION: FROM A (AGRICULTURE) TO C- 2/PCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT), LOCATED AT 9407 SOUTH H STREET (GPA/ZC NO. 22- 0122). WHEREAS, Amerco Real Estate Company is requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from SR (Suburban Residential) to GC (General Commercial); and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from A (Agriculture) to C- 2/PCD (Regional Commercial/Planned Commercial Development) on approximately 1 1.23 acres located at 9704 South H Street (the "Project"); and WHEREAS, the Planning Commission held a public hearing on December 1, 2022, and with no one wishing to speak in support or opposition, approved Resolution No. 120-22, which recommended that the City Council approve the Project; and WHEREAS, the City Council held a public hearing on February 8, 2023 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: The above recitals, incorporated herein, are true and correct. The Planning Commission's findings as contained in its Resolution No. 120- 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. 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------- Page 1 of 2 pA0AKf9'ST F- r 3ORIOINAI I 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 8th day of March 2023, by the following vote: ✓ YE k COUNCILMEMBER: ARIAS, GONZALES, WHR;SMQl4 FREEMAN, GRAY, KAUR NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: We-kQ Sen hh MAR 0 8 2023 APPROVED: By KARE ON Mayor Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By. VIRIDIANA LLARDO-KING Deputy City Attorney Exhibits: A Legal Description B Zone Change Map J41E DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield o``gAKF9� T ti m Page 2 of 2 oORIGINAI EXHIBIT A LEGAL DESCRIPTION ZONING ADJUSTMENT TO C-2IPCD THAT PORTION OF LOT 18 IN. SECTION 36, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO KERN COUNTY SALES MAP NO. i OF LANDS OF J. EL HAGGIN MADE BY AND ACCORDING TO THE SURVEY OF W. R. MACMURDO, COUNTY SURVEYOR OF KERN COUNTY, CALIFORNIA, MATEO MARCH 16, INS. AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 8, 1889,. LYING EAST OF THE EAST LINE OF THE STATE HIGHWAY PARTICULARLY DESCRIBED IN DEED RECORDED MARCH 3, 198D IN BOOK 3244, PAGE 777 OF OFFICIAL RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 36, TOWNSHIP 30 SOUTH, RANGE 27 EAST,. AT A FOUND MONUMENT IN MONUMENT WELL AT THE INTERSECTION OF TAFT HIGHWAY AND S.H. STREET; THENCE ALONG THE EASTERLY LINE OF SAID SECTION AND S.H. STREET NORTH 00 DEGREES 36 MINUTES 57 SECONDS EAST A DISTANCE OF 1322.46 FEET TO A POINT IN THE SOUTHEAST CORNER OF LOT 18. ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY LINE OF LOT 18 NORTH 810 DEGREES 05 MINUTES 11 SECONDS WEST A DISTANCE OF 659.73 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF HIGHWAY S.R. 99 GOLDEN STATE HIGHWAY; THENCE ALONG SAID EASTERLY RIGH7lOF-WAY LINE NORTH 13 DEGREES 16 MINUTES 37 SECONDS WEST A DISTANCE OF 438.98 FEET TO A POINT;. THENCE CONTINUING ALONG. SAID EASTERLY RIGHT-OF-WAY LINE NORTH I I DEGREES 30 MINUTES 52 SECONDS WEST A DISTANCE OF 240.99 FEET TO.A POINT ON THE NORTHERLY LINE OF LOT IS; THENCE ALONG THE NORTHERLY LINE OF LOT 18 SOUTH 89 DEGREES D6 MINUTES 26 SECONDS EAST A DISTANCE OF 815.77 FEET TO A POINT IN S.H. STREET ON THE EASTERLY LINE OF SECTION 36 AND THE EASTERLY LINE OF LOT 18; THENCE ALONG SAID EASTERLY LINES SOUTH 00 DEGREES 36 MINUTES 57 SECONDS WEST A DISTANCE OF 661.23 FEET TO THE POINT OF BEGINNING. CONTAINING 489,341.7 SOUARE FEET OR 11.23 ACRES, MORE OR LESS EXHIBIT SHOWING ZONING ADJUSTMENT ON PARCEL# 514A5DD5 FOR �c9 LAND AMERCO ciaa«E�$ 9407 S.H. STREET, BYVALIDW[THOUT 93307 rELoeuwx CERTIFIEtl: H � xo. aaw MEET I OF4 NO ORIGINAL SIGNATURE i YIplBYB, pueoWne amwam B5M Ns sune/mMxl mJbl�lerA�maW1lP.mmad t-6068fi74 E.M� �Ei.. �L.1►R V�YC?I4 � 4B2di R/vim l d Po/rite lJAvo worrovf/Ir. /rsdiaro® 477>S "Anxrricae LafxJ SurvoYor^ ¢�"" '-80OI- TO tLlA=W O�gAKF9� - s 'm � r `70RIGINO EXHIBIT SNOWING ZONING ADJUSTMENT ON PARCEL#5'1 O 5FOR WID AMERCO`( 9407 S.H. STREET, 9AI�RRSFj TEI CJI p CERTIFIED: MARCH rq Moe i 1—FV UUt� L.3, 1 �3 an w oar oe/r/mm OF cM1F ;HEET 2 OF NOT VALID WITHOUT ORIGINAL SIGNATURE R ksw*m. qwWw mwl abeA#6 w sy mead m#Ndmd*nKrxp.mSM CW I T4Meri: G! " "lJ14 YL'3R ® -j 4�20 Ri wiwiisd Palrttf ONva. E✓aravlU � Ard/ ra 4»>S •nmanre•s Lemma surveyor T'SO AWL/A+ o�gPKfS N r VORIGINAI� o N - W2l b� i�p Ee°•:�_ €m OO E-Eii- _ �F,ps SE a Sg%i <E ,'c7 ag a... e c• o uJml m>arenxn 1 ..S1112 j 2 1 E 1 t� ••—•---------- 15 mnn If Nx119 I]MOSI111 � Y ISdINt34A1) O ' 3V Is9xrnl xen W j noxnumos Inllmt Iss139Xiu ! j � iV �.._...... ........... ......... .._.._.._.._.... 1 Q Q 1SN5 N f U 2 V a a V K K 9E V. IslXwvrex9) x V a d V Y V = Is us9xsn13 r r r z v E (V ° a Is xxranu N ❑ nrx u3nxnw j• i n W p V O LL i E 1 Qa IS lmvl i `� a N W 15axY19901 ' • ,J-„�„ 04 U m rc 114 j0 9 m dYLd1Y [1 � � o f AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern )ss. 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 loth day of March 2023 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5123 passed by the Bakersfield City Council at a meeting held on the 8th day of March 2023 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 A (AGRICULTURE) TO C-2/PCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT), LOCATED AT 9407 SOUTH H STREET (GPA/ZC NO. 22- 0122). JULIE DRIMAKIS, MMC City Clerk and Ex Officio of the Council of the City of Bakersfield B /A D UT City Clerk ORD.wpd