HomeMy WebLinkAboutORD NO 3538ORDINANCE NO..$ ~. 3 8
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-21 BY CHANGING THE ZONING OF 21.35
ACRES GENERALLY LOCATED BETWEEN SPRING
CREEK LOOP AND THE STINE CANAL
APPROXIMATELY 1/4 MILE EAST OF CLEAR MIST WAY
FROM AN R-I (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 between Spring Creek Loop and the Stine
Canal approximately 1/4 mile east of Clear Mist Way: and
WHEREAS, by Resolution No. 28-93 on April 15, 1993, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a zone change of the subject property from an R-1 (One
Family Dwelling) zone to a PUD (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 Comlnission, 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's
CEQA Implementation Procedures, have been duly followed by city staff, Planning
Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on March
19, 1993, 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.
The provisions of CEQA have been followed.
r.-
ORIGINAL
3. That proposed Zone Change No. 5446 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
the environment.
The proposed zoning will not have a significant adverse effect on
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 fi'om the effective date of the zoning change.
the general plan.
The proposed planned unit development substantially conforms to
8. The development, as conditioned, 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, as conditioned
justifies exemption from the normal application of this code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
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 No. 123-21) 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 attached 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.
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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
[lAY 2 6 1593 , by the following vote:
AYES: COONCILMEMBERS: EOWARDS, D~MQ{'~[3, $~,;ITH, BRUNN[ KANE, McDERMOTT SALVAGGIO
NOES: COUNCILMEMBERS
ABSENT COUNCILMEMBERS: ,/~JO/t e
ABSTAIN COUNCILMENI~ERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAY 2 6 1~93
BOB IP~
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
ML:pjt
April 27, 1993
res\o5446.cc
ORIGINAL
I11
ITl
CITY OF BAKERSFIELD
ZONING MAP 123-£1
SEC 21 T ~Os R 27[
LEGEND
EXHIBIT "B"
Zone Change P.U.D. No. 5446
Legal Description
Being all that portion of the north one-half of Section 21, Township 30 south, Range 27 east, M.D.B.&M.,
City of Bakersfield, County of Kern, State of California, described as follows:
Commencing at the intersection of the center line of Spring Creek Loop and the east line of Tract No.
5617 recorded in Map Book 40 at Pages 15, 16, and 17 in the Office of the Kern County Recorder;
THENCE north 10°28'43" west along said east line, 38.00 feet to the True Point of Beginning;
THENCE continuing along said east line, the following three (3) courses: 1) North 10028'43" west, 282.46
feet;
THENCE (2) north 04°48'30" west, 75.09 feet;
THENCE (3) north 00051'44" east, 309.63 feet to the southerly right-of-way line of the Stine Canal;
THENCE along said southerly line, the following four (4) courses: 1) South 89°08'16" east, 992.04 feet
to the beginning of a curve, concave southwesterly, having a radius of 50.00 feet;
THENCE (2) southeasterly, along said curve, through a central angle of 70°00'27", an arc length of 61.09
feet to the beginning of a reverse curve concave northeasterly, having a radius of 400.00 feet;
THENCE (3) southeasterly, along said curve, through a central angle of 36°57'22", an arc length of 258.00
feet;
THENCE (4) south 56°05'11" east, 412.21 feet;
THENCE south 33°54'49" west, 370.12 feet;
THENCE south 45o27"43" west, 265.47 feet to the beginning of a non-tangent curve, concave
southwesterly, having a radius of 1,038.00 feet, from which point a radial line bears south 18°29'46" west;
THENCE northwesterly, along said curve, through a central angle of 58°58'29", an arc length of 1,068.42
feet;
THENCE south 79°31'17" west, 122.39 feet to the True Point of Beginning.
Containing 21.36 acres
p:5446.1d
ORIG;NAL
EXHIBIT C
1. Parking areas shall be in accordance with Section 17.34.020 B and
17.58.030 of the Municipal Code.
2. All garages shall have roll-up doors.
3. Show parking aisles with a minimum width of 25' to provide proper back-
up space for right angle parking.
4. Minimum distance between the back of sidewalk and the garage door shall
be 20 feet. Minimum structural setback (front yard) other than garage shall be 18 feet.
5. All common area facilities shall be installed prior to issuance of a
certificate of occupancy for a residence, unless other phasing is approved by the Planning
Director.
6. Recreational facility design features depicted in the final development
plans shall generally reflect those shown in Exhibit "D".
7. The lot to the west of the swimming pool shall be limited to one story
construction and labeled as such on the final development plans.
8. A six foot high (minimum) masonry wall, as measured from the highest
adjacent grade, shall be constructed along the canal.
9. The proposal shall comply with site plan review conditions of approval
assigned pursuant to B.M.C. Section 17.53.
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) sso
County of Kern )
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 1st day of June, 1993
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3538, passed by the
Bakersfield City Council at a meeting held on the 26th day of
May, 1993, and entitled:
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield