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HomeMy WebLinkAboutORD NO 3260ORDINANCE NO. 3260 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED AT 6800 STOCKDALE HIGHWAY FROM A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE TO A REVISED P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE. WHEREAS, in accordance with the procedure set forth in Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission has held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield hereinafter described; and WHEREAS, by Resolution No. 34-89 on September 7, 1989, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a Revised P.U.D. (Planned Unit Development) Zone, as delineated on attached map marked Exhibit "B", by this Council and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, this ordinance amends the zoning of said property from a P.U.D. (Planned Unit Development) Zone to a revised P.U.D. (Planned Unit Development) Zone for the construction of 18 detached one and two story residences and three duplex style two story residential structures; and WHEREAS, the City Council has determined after due consideration of said application, consisting of a Preliminary Development Plan indicating the matters?required by Section 17.52.020 of the Municipal Code, together with a plot plan, map and a statement pertaining to allowable uses and conformance to the General Plan, and all other matters as required by law, and after having considered the recommendations of the Planning Commission, together with the reasons advanced at a hearing on conditions required for the change of zoning by the Planning Commission, that a zoning change should be authorized; and WHEREAS, the site is designated as Low Density Residential on the Land Use Element of the General Plan; and WHEREAS, the project is partially completed with 16 existing residences and two residences under construction. Most of the existing residences have been sold and are owner occupied; and WHEREAS, the completed project will contain a total of 42 residences on 7.17 acres. The density proposed is 5.86 dwelling units per gross acre which is the same as previously approved; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been followed. 2. The provisions of CEQA have Deen followed. 3. That public necessity, convenience, general welfare and good zoning practice justify the change of zone from a P.U.D. (Planned Unit Development) Zone to a Revised P.U.D. (Planned Unit Development) Zone; 4. That the applicant, to start construction within two effective date of this ordinance; SIMPSON-VANCURREN, INC., intends and one-half years from the 5. That the proposed planned unit development is con- sistent with the General Plan of the City of Bakersfield; posted; 6. That a Negative Declaration was duly filed and 7. That the planned unit development is in character with the surrounding neighborhood and community. 8. That the development constitutes a harmonious, inte- grated plan and justifies exceptions from the normal application of the Bakersfield Municipal Code (as conditioned in the attached Exhibit "A"). NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. An environmental assessment was made of the project, and a Negative Declaration was adopted by the Planning Commission after a public hearing thereon, and this Council hereby approves and adopts the Negative Declaration. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of certain property in said City, the boundaries of which properties are shown on the map marked Exhibit "B" hereto attached and made a part hereof, as follows: FROM A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE TO A REVISED P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE: That portion of Tract 4503 described below: Lots 10 to 27 and 32 to 37, all inclusive, said Tract 4503 being located in the south- east 1/4 of Section 33, Township 29 South, Range 27 East, M.D.B.&M. The foregoing zone changes are subject to the conditions of development attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (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 thereof held on __ 0CI 1 1 1989 , by the following vote: AYES: CO4~NCILMEMSER$: ANTHONY Del~?ND, SMiTH RATTY PETERSON McDERMOTF, SALVAGGIO NOES: COUNC LMEMBERS: one ' ASSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS; None ~ITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED OCT 1 1 lgSg MAYOR of the City of Bakersfield APPROVED as to form: Exhibit "A" & "B" O ORD 4 ZC.PUD.1-.4 9/21/89 - 4 - EXHIBIT "A" ZONE CHANGE 4924 Discretionary Conditions: The exterior elevations of the single story units shall be redesigned to incorporate materials and design elements which are compatible with existing structures in the project. Said plans shall be submitted with the final development for review by the Planning Commission. The applicant shall renovate the landscaping along Stockdale Highway to the satisfaction of the Planning Director prior to issuance of any building permits within the project. "A" CONDITIONS: This category contains conditions that require specific alterations to your plans. These changes must be reflected on the plans required by the Building Department for plan check. THE BUILDING DEPARTMENT WILL NOT BEGIN PLAN CHECK UNTIL ALL "A" CONDITIONS ARE CORRECTLY INDICATED ON THE PLANS SUBMITTED FOR PLAN CHECK. Overlooks from the second floor or higher into R-1 zoned property must be architecturally screened as per attached "Resolution No. 120-85." Screening proposals must be approved by the Planning Department before Building Department will begin plan check. (Planning) "B" CONDITIONS: This category consists of conditions that must be satisfied before the Building Department will begin checking plans submitted for plan check. A lot line adjustment for lots 10 through 27 and lots 32 through 37 shall be recorded prior to issuance of any build- ing permits. (Planning) "C" CONDITIONS: This category"consists of informational notes that might be helpful to you. It also contains conditions that must be satisfied sometime after plan check is begun. The dead- line for complying with each of these conditions is specified in the condition. 1. Provide dwelling unit identification signs/plans for approval by the Building Department. (Building) 2. School district fees will be assessed at the time of issuance of a building permit. (Building) a/4928 ZONE CHANGE 4924 R-1--CH . '4 IR-1// T29S, R27E I ~ 5-'~CKDALE T50S, R27E / QUAILWOOD DRIVE CH~R LANE '~'['~[~/ P.U.D. I ' ' 55~ 54 HIGHWAY MT. WHITNEY HESKETH FRIANT EXHIBIT e HA~MAN~ENUE R-1 R--3 DESERT HILLS AVE. DRIVE MT. HOOD SLMPSON-¥ANCUREN, INC , P.U,D. TO P.U.D. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the of Bakersfield; and that on the 13th day of October posted on the Bulletin Board at City Hall, a. full, true the following: Ordinance City Council at a meeting held and entitled: No. 3260 , passed on the 11th day of City , 19 89 she and correct copy of by the Bakersfield October , 1!)89 , AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD A~EN~ING TITLE SEVENTEEN OF THE BAKERSFIELD ~UNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED AT 6800 STOCKDALE HIGHWAY FROM A P.U.~. (PLANNED UNIT DEVELOPMENT) ZONE TO A REVISED P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE. /s/ CAROL WILLIAMS CITY CLERK of ~he City of Bakersfield NSAOPD E~PUT~ City Clerk ~