HomeMy WebLinkAboutORD NO 5145ORDINANCE NO. 5 14 5
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 R-3 (MULTIPLE -FAMILY DWELLING),
GENERALLY LOCATED ON THE SOUTHSIDE OF WILSON ROAD
BETWEEN EDMONTON STREET AND ACTIS STREET (GPA/ZC NO.23-
0012).
WHEREAS, Wiley D. Hughes Surveying, Inc. (applicant), on behalf of Rami Fahil
(property owner), is requesting a General Plan Amendment (GPA) and Zone Change
(ZC) on approximately 5.65 acres generally located on the southside of Wilson Road
between Edmonton Street and Actis Street. The request includes: (1) an amendment to
the land use map designation of the Metropolitan Bakersfield General Plan from GC
(General Commercial) and LR (Low Density Residential) to HMR (High Medium
Residential); and (2) an amendment to Title 17 of the Bakersfield Municipal Code to
change the Zone District from R-1 (Single -Family Dwelling Zone) to R-3 (Multiple -Family
Dwelling Zone) (the "Project"); and
WHEREAS, the Planning Commission held a public hearing on November 2nd, 2023,
with no testimony in opposition to the project; and
WHEREAS, the Planning Commission approved Resolution No. 83-23, which
recommended that the City Council approve the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, December 13, 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, the City Council adopted a Mitigated Negative Declaration for the
Project; 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:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 83-23
are hereby adopted. o� g�KF9
Page 1 of 2 OpiuINAL'
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---------
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 13th day of December
2023, by the following vote: DEC 13 2023
YE
COUNCILMEMBER:
NOES:
COUNCILMEMBER:
ABSTAIN:
COUNCILMEMBER:
ABSENT:
COUNCILMEMBER:
ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR
�A�' i�m�yy�
LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: DEC 13 2023
By 49
KAFIN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By:
VIRIDIANA G LLARDO-KING
-7
Deputy City Attorney
Exhibits: A Legal Description
B Location Map
Page 2 of 2
ORIGINALo
Exhibit "A"
Legal Description
All that portion of Parcels 1,2 and 3 of Document No. 222043178 O.R., recorded in the Kern County
Recorder's Office and lying in the Southwest Quarter of Section 11, T.30S, R.27E., M.D.M. in the City of
Bakersfield, County of Kern, State of California more particularly described as follows:
Commencing at the West Quarter corner of said Section; thence 589'17'51"E along the centerline of
Wilson Road (County Road No. 230) and also being along the North line of said Southwest Quarter a
distance of 1128.34 feet; thence S00°11'05"W a distance of 30.00 feet to a point that lies 193.00 feet
West of the Northeast corner of Lot 23 according to Sales Map of Lands of Kern County Land Company
in said Section 11, filed in said Recorder's Office January 25, 1894 and per Document No. 222043178,
O.R., filed in said Recorder's Office March 18, 2022; thence continuing S00°11'05"W a distance of 15.00
feet to a point on the South line of said Wilson Road Per Book 3651, at Page 26, O.R., and said point also
being the Northwest corner of Tract No. 3764 recorded in Map Book 26, at Page 186, in said Recorder's
office, and the true point of beginning; thence continuing S00°11'05"W along the East line of said
Parcels 1 and 3 and the West line of said Tract No. 3764 a distance of 617.04 feet to the Southeast
corner of said Parcel 3; thence N89°19'52"W along the South line of said Parcel 3 a distance of 507.31
feet to the Southwest corner of said Parcel 3; thence N00°11'06"E along the West line of said Parcel 3 a
distance of 282.34 feet to the Northwest corner of said Parcel 3; thence S89°17'51"E along the North
line of said Parcel 3, a distance of 200.00 feet to the Southwest corner of said Parcel 2; thence
N00°11'05"E along the West line of said Parcel 2 a distance of 335.00 feet to a point that lies 45.00 feet
South of as measured at right angles to the centerline of said Wilson Road; thence S89°17'51"E parallel
to said centerline of Wilson Road a distance of 307.31 feet to the true point of beginning.
Containing 5.65 Acres more or less.
No. 3179
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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 20th day of December 2023 she posted on the
Bulletin Board at City Hall, a full, true and correct copy of the following:
Ordinance No. 5145, passed by the Bakersfield City Council at a meeting held
on the 13th day of December 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 R-1 (ONE FAMILY DWELLING) TO R-3 (MULTIPLE -FAMILY
DWELLING), GENERALLY LOCATED ON THE SOUTHSIDE OF WILSON ROAD BETWEEN
EDMONTON STREET AND ACTIS STREET (GPA/ZC NO. 23-0012).
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
B4Uy D City Clerk
SADOCUMEN-RFORMSVWOP.ORD.wpd
ORDINANCE NO. 5 1 4 4
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
NORTHEAST CORNER OF SOUTH ALLEN ROAD AND PENSINGER
ROAD (GPA/ZC NO. 22-0337).
WHEREAS, McIntosh & Associates (applicant) on behalf of The Piper Trust (property
owner) is requesting a General Plan Amendment (GPA) and Zone Change (ZC) on
approximately 80 acres located at the northeast corner of South Allen Road and
Pensinger Road. The request includes: (1) an amendment to the land use map
designation of the Metropolitan Bakersfield General Plan from LR (Low Density
Residential) to HMR (High Medium Density Residential); (2) an amendment to Title 17 of
the Bakersfield Municipal Code to change the Zone District from R-1 (One -Family Dwelling
to R-3/PUD (Multiple Family Dwelling/Planned Unit Development); and (3) approve
Development Review 23-0331; and
WHEREAS, the Planning Commission held a public hearing on October 19th, 2023,
with one person providing testimony in opposition to the project; and
WHEREAS, the Planning Commission approved Resolution No. 78-23, which
recommended that the City Council approve the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, December 13, 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, the City Council adopted a Mitigated Negative Declaration for the
Project; 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:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 78-23
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 0� 6AKF`
Page 1 of 2rn
�-
ORIGINAL o
E
COUNCILMEMBER:
NOES:
COUNCILMEMBER:
ABSTAIN:
COUNCILMEMBER:
ABSENT:
COUNCILMEMBER:
as specifically described in Exhibit B and located on the map as shown in
Exhibit A, 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.
--------- 0 0 0---------
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
the Council of the City of Bakersfield at a regular meeting held on 13th day of December
2023, by the following vote: DEC 13 2023
V ✓ ✓ ✓ ✓ ✓
ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR
�" bwo-lay, /')
LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: DEC 13 2023
By 44V-W SZ/
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By: / //4z �1� -
I IDIANA G LLARDO-KING
Deputy City Attorney
Exhibits: A Location Map
B Legal Description
Page 2 of 2
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EXHIBIT "A"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
BEING ALL OF LOTS 7, 8, 9 AND 10 OF SALES MAP OF LANDS OF KERN COUNTY LAND
COMPANY FOR SECTION 24, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.M., FILED FOR
RECORD AUGUST 27, 1892 IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO
BEING A PORTION OF THE NORTHWEST QUARTER OF SAID SECTION 24, IN THE CITY
nF RAKFR4FIF1 n COUNTY OF KFRN_ STATE OF CALIFORNIA_
CONTAINING 80.45 ACRES, MORE OR LESS.
MCINTOSH,
AssociATEs
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661-834-4814 • 661-834-0972
2001 Wheelan Court • Bakersfield, CA 93309
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'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 20th day of December 2023 she posted on the
Bulletin Board at City Hall, a full, true and correct copy of the following:
Ordinance No. 5144, passed by the Bakersfield City Council at a meeting held
on the 13th day of December 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 NORTHEAST CORNER OF SOUTH ALLEN ROAD AND PENSINGER
ROAD (GPA/ZC NO. 22-0337).
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
D TY City Clerk
S: \DOCUM ENT\FORMSWOP.ORD.wpd