HomeMy WebLinkAboutORD NO 3445ORDINANCE NO. 3 ,I 4 5
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-18 BY CHANGING THE ZONING OF 18.57
ACRES GENERALLY LOCATED SOUTHVqEST OF WHITE
LANE AND MOUNTAIN VISTA DRIVE FROM AN R-1 CH
(ONE FAMILY DWELLING-CHURCH) ZONE TO A P.U.D.
(PLANNED UNIT DEVELOPMENT) ZONE FOR A 93-LOT
SINGLE FAMILY SUBDIVISION
WHEREAS, in accordance with the procedure set forth in the provisions of
Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held
a public hearing on a petition to change the land use zoning of those certain properties
in the City of Bakersfield generally located southwest of the intersection of White Lane
and Mountain Vista Drive; and
WHEREAS, by Resolution No. 82-91 on December 5, 1991, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a P.U.D. (Planned Unit Development) zone as
delineated on attached map marked Exhibit "A", by this Council and this Council has
fully considered the findings made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did
make several general and specific findings of fact which warranted a negative declaration
of environmental impact and changes in zoning of the subject property from an R-1 CH
(One Family Dwelling-Church) zone to a P.U.D. (Planned Unit Development) zone for
a 93-1ot single family residential subdivision on 18.57 acres and the Council has
considered said findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and
adoption of Negative Declarations as set forth in CEQA and City of Bakersfield
Resolution No. 107-86 have been duly followed by city staff, the Planning Commission
and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on
November 14, 1991, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows Low Density
Residential development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. The proposed project will not have a significant effect on the environment.
4. The proposed zone, conditioned as set forth in Exhibit "B", is compatible with
the existing development adjacent to the site.
5. The proposed zone change, as conditioned, is consistent with the Metropolitan
Bakersfield 2010 General Plan.
6. The applicant intends to start construction within two and one-half years from
effective date of the zone change.
7. The development of a harmonious, integrated plan justifies exceptions from
the normal application of this code.
8. The proposed development exhibits an architectural style and layout
compatible with lot sizes depicted in Tentative Tract 5545; and
WHEREAS, the City Council has determined after due consideration of
said petition and the recommendations of the Planning Commission herein on file,
together with the reasons advanced at the hearing for changes in zoning of said
properties, that the zone changes should be authorized.
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. The Negative Declaration is hereby approved and adopted.
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 that
certain property in said City, the boundaries of which property is shown on the map
marked Exhibit "A" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "C".
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OR1G~NAL
4. Such zone change is hereby made subject to the conditions of approval
listed in Exhibit "B".
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective not less than thirty (30) days from and after
the date of its passage.
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ORIGINAL.
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
. J A N 2 9 ~J92 , by the following vote:
AYES; COUNCILMEMBERS: EDWARO~, OeMOND, SMITH, BRUNNI. PETERSON, McDERMOTt, SALVAGSIO
NOES; COUNCILMEMBERS:
/~d~SE NT COUN~LMEMBERS:
ABSTAIN: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JAN 2 9 1992
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
JM/pjt
Attachment -
1:o5261.cc
Exhibit "A"
Exhibit "B"
Exhibit "C"
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ORIGINAL
CiTY OF BAKERSFIELD
ZONING MAP
SEC. 18 I '~Os
LEGEND
EXHIBIT "B"
Conditions of Approval
Zone Change No. 5261
R-1 CH to PUD
Residential unit elevations shall conform to those on file marked "Exhibif' and
submitted as part of the project.
Residential units shall exhibit tile roof materials and stucco exteriors.
All fencing materials (except doorways and/or gates) facing the internal
subdivision streets shall be of stucco construction.
All air conditioning units shall be ground mounted.
All uses, height restrictions, and setbacks, with the exception of the 15-foot front
yard setback requested by the applicant for cul-de-sac lots, shall be those
identified in code Chapter 17.10 (R-1 zone) of the Bakersfield Municipal Code.
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
SS,
CAROL WILLIAMS, 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 5th day of February , 19 92 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ord±nance No. 3445
City Council at a meeting held on the 29th
and entitled:
passed by the Bakersfield
day of January .... , 19 92,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk