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.
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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
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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
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DERRILL G. WHITTEN JR., PLS 7816
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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
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