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HomeMy WebLinkAboutORD NO 5126ORDINANCE NO. 5 1 2 6 AN ORDINANCE OFTHE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT, LOCATED AT THE SOUTHWEST CORNER OF BERKSHIRE ROAD AND ASHE ROAD (GPA/ZC NO. 22-0125). WHEREAS, Cornerstone Engineering on behalf of Timothy and Marilyn Family Trust is proposing a General Plan Amendment (GPA) and Zone Change (ZC) on 19.96 gross acres located at the southwest corner of Berkshire Road and Ashe Road. The request includes: (1) an amendment of the Land Use Element of the Metropolitan Bakersfield General Plan land use designation from HMR (High Medium Density Residential) to HR (High Density Residential); (2) a change in zone classification from R-2 (Limited Multiple - Family Dwelling) zone to R-3/PUD (Multiple -Family Dwelling/Planned Unit Development); and (3) approve Planned Development Review 22-0403 (the "Project"); and WHEREAS, the Planning Commission held a public hearing on April 20, 2023, and approved Resolution No. 31-23, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, June 14, 2023, 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: The above recitals, incorporated herein, are true and correct. The Planning Commission's findings as contained in its Resolution No. 31-23 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. gAKe Page 1 of 2 OF m 'ORIGIN, 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 ------ — 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 14th day of June 2023, by the following vote: ✓ / ✓ / r / ✓ YES: COUNCILMEMBEft: ARIAS. GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: L,JiI IE DRIMAKIS, Ill CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JUN 14 2023 By •% KA EN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY (� BY:A� ,L�cns.� IL ' VIRIDIANA G LARDO-KING Deputy City Attorney Exhibits: A Legal Description B Zone Change Map Page 2 of 2 6 PKE9 'ORIGINAL r fill o gj 11 j - o z�;s ai�l�§i�"1�§er5?![i€` �_s`s s'x r`s x� a 161xt$� jEli s e�ei ¢ ¢ ¢ N14311NVH'J_i o p I w y W p V > Z DQ,O. o u� AIWS3NIG'y Q 'JI3IJVd-.Z � 3 D a C ¢ Sa O - tladAO_'J SI INMVH ¢ a g Q O 2 uW 6 i F � T 30RIGINAL� EXHIBIT "B" EXHIBIT "A" LEGAL DESCRIPTION GENERAL PLAN AMENDMENT -ZONE CHANGE BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 3096 RECORDED JANUARY 14TH, 1976 IN BOOK 15, PAGE 28 OF PARCEL MAPS, KERN COUNTY OFFICIAL RECORDS; BEING A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE & MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1, THENCE S 0-03'16" W ALONG THE WEST LINE OF SAID PARCEL 1, A DISTANCE OF 45.00 FEET TO THE SOUTH LINE BERKSHIRE STREET AND THE TRUE POINT OF BEGINNING, THENCE; ALONG LAST SAID SOUTH LINE OF BERKSHIRE THROUGH THE FOLLOWING THREE COURSES: 1) S 89"24'14" E A DISTANCE OF 465.63 FEET, THENCE; 2) S 87`26'00" E A DISTANCE OF 465.28 FEET, THENCE; 3) S89-24'14"E A DISTANCE OF 306.83 FEET, THENCE; S 51"24'12" E A DISTANCE OF 30.46 FEET TO A POINT ON THE WEST LINE OF ASHE ROAD, THENCE ALONG THE WEST LINE OF ASHE ROAD THROUGH THE FOLLOWING TWO COURSES; 1) S 0°00'00" E A DISTANCE OF 310.87 FEET, THENCE; 2) S 0-52'05" E A DISTANCE OF 267.51 FEET. TO A POINT ON THE SOUTH LINE OF SAID PARCELI,THENCE; ALONG LAST SAID SOUTH LINEN 89°24'35" W A DISTANCE OF 1265.73 FEET TO THE SOUTHWEST CORNER THEREOF, THENCE; ALONG THE WEST LINE OF SAID PARCEL 1 N 0"03'16" E A DISTANCE OF 613.19 FEET TO THE TRUE POINT OF BEGINNING. AREA: 17.55 NET ACRES. LAND U�JN78'ZI'6 DERRILL G. WHITTEN JR., PLS 7816 Page 1 o0- gPKR9 1 m H_ 30RIGINAL o gAKF9 s I in 'ORIGINAL 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 16th day of June 2023 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5126 passed by the Bakersfield City Council at a meeting held on the 141h day of June 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 DISTRICT, LOCATED AT THE SOUTHWEST CORNER OF BERKSHIRE ROAD AND ASHE ROAD (GPA/ZC NO. 22-0125). JULIE DRIMAKIS, MMC City Clerk and Ex Officio of the Council of the City of Bakersfield OPYACAity Clerk S:\DOCUMENTNFORMSW OP ORD wpd