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Home My WebLink AboutORD NO 3493ORDINANCE NO. 3 4 9 3 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-21 BY CHANGING THE ZONING OF 21.47 _+ ACRES GENERALLY LOCATED SOUTH OF THE STINE CANAL, NORTH OF SPRING CREEK LOOP, APPROXIMATELY 450 FEET NORTHEAST OF WILD BEND LANE FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE (WARD 4). 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 south of the Stine Canal, north of Spring Creek Loop, approximately 450 feet northeast of Wild Bend Lane; and WHEREAS, by Resolution No. 47-92 on June 4, 1992, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone as delineated on attached Zoning Map No. 123-21 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 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone 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 May 6, 1992, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows 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. That the proposed Zone Change No. 5340 is consistent with the Metropolitan Bakersfield 2010 General Plan. 4. The proposed zoning will not have a significant adverse effect on the environment. 5. Conditions of approval attached to the project as Exhibit "C" are included in the project to minimize and/or mitigate impacts, and to ensure that the density allowed by the general plan is not exceeded. 6. The applicant intends to start construction within two and one-half years from the effective date of the zoning change. the general plan. The proposed planned unit development substantially conforms to 8. The development will constitute a residential development of sustained desirability and stability, and it will be in harmony with the character of the surrounding neighborhood and community. 9. The development of a harmonious, integrated plan justifies exemption from the normal application of this code. 10. The water well site is approved as part of the Planned Unit Development zone. 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- 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 "B". 4. Such zone change is hereby made subject to the conditions of approval listed in Exhibit "C". 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. 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 ~,0¥ 4 199~ . by the following vote: AYES; COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, ~ ~?~RSON, M;D~[RMOTT, IMl. VAa~lfl NOES; COUNClLMEMBERS: z ~k~ ~N ~ ~ ABSENT C0UNCILME~BERS: ~ 0 ~ ~ _.'~ _.~ ._.2_ ' ~TAIN' ~OU~ILMEMBERS' ~ ~ ~ .. CITY CLERK and Ex Ot~i~io Clerk of the Council of the City of Bakersfield APPROVED NOV 4 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LUNfV~-- LAWRENCE M. INI CITY ATTORNEY of the City of Bakersfield pit res\o5340.cc -4- CITY OF BAKERSFIELD ZONING MAP 123--21 Legal Description Zone Change No. 5340 BEING 3rx. THAT PORTION OF THE NORTH ONE-HALF OF SECTION 21, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KE~N, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: B~GINNING AT THE INTERSECTION OF SPRING CREEK LOOP AND 'r~ EAST LINE OF TRACT NO. 4880 (UNIT "D#) AS RECORDED IN MAP BOOK 36 AT PAGES 19 ARD 20 IN THE OFFICE OF THE KEi~N COUNTY REOOEDER; THENCE NORTH 28e01~18# WEST, ALONG THE EAST LINE OF SAID TRA~"T, 404.72 FE~"~ TO ~ NOl~ CORI~ OF SAID TRACT, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF ~ STINE CANAL; TH]~CE ALONG SAID SOUTHERLY LINE, THE FOLLOWING FIV~ (5) COURSES 1) NORTH 00'38t59# EAST, 434.87 FEET TO '£H~ BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5O.O0 FEET; 2) THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A C~ ANGLE OF 73'10t48w, AN ARC LENGTH OF 63.86 FEET TO THE BEGINNING OF A P. Eg~a(SE CURVE, CONCAVE NOR~I~ERLY, HAVING A RADIUS OF 693.00 FEET; T~I~NC~EA~TB~LY, ALONG SAID CURVE, T~ROUGH A CENTRAL ANGLE OF ~2'24~]5#, AN ARC LENGT~ OF 150.10 FEETTO THE BEGINNING OF A REV~a(SE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 453.00 FEET~ 4) THENCE EASTEI~LY, ALONG SAID CURVE, THROUGH A CENTRJtL ANGLE OF 29~26~32", AR ARC LENGTH OF 232.78; 5) THENCE SOUTH 89~08~16" EAST, 772.32 FEET; THENCE DEPARTING FROM SAID SOUTHERLY LINE, SOUTH 00'51'44" WEST, 309.63 FEET; THENCE SOUTH 04'48t30# EAST, 75.09 FEET~ THENCE SOUTH 10~28~43" EAST, 320.46 FEET; THENCE SODTH 79e31'17" WEST, 769.97 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1000.00 FEET~ THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17~22~35", AN ARC LENGTH OF 306.18 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 21.47 ACRES. p:5340.ld EXHIBIT "C" Conditions of Approval Zone Change No. 5340 Parking areas shall be in accordance with Section 17.34.020 B of the Municipal Code. All garages shall have roll-up doors. The applicant shall either obtain an extension of time for water well site Conditional Use Permit No. 5177 or provide water well design as part of the final PUD plans incorporating the original CUP 5177 conditions of approval. The developer shall install a six-foot high masonry wall, as measured from highest adjacent subdivision grade, adjacent to the canal right-of-way. p:5340.ec 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 9th day of November , 19 92 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ord±nmnce No. 3493 , passed by the Bakersfield City Council at a meeting held on the 4th day of November , 19 92, and entitled: NSAOPD /s/ CAROL WILLIdMS CITY CLERK of the City of Bakersfield