HomeMy WebLinkAboutORD NO 3537ORDINANCE NO. 3 ~. 3 7
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 103-22 BY CHANGING THE ZONING OF 2.95
ACRES GENERALLY LOCATED ON THE SOUTH SIDE
OF BERNARD STREET APPROXIMATELY 600 FEET
WEST OF OSWELL STREET FROM A PUD (PLANNED
UNIT DEVELOPMENT) ZONE TO A REVISED PUD
(PLANNED UNIT DEVELOPMENT) ZONE.
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 on the south side of Bernard Street
approximately 600 feet west of Oswell Street; and
WHEREAS, by Resolution No. 12-90 on May 3, 1990, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a zone change from PUD (Planned Unit Development)
to a Revised PUD (Planned Unit Development) consisting of 18 detached residential
dwellings and 3 common lots, 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 existing
PUD (Planned Unit Development) to a Revised PUD (Planned Unit Development); and
WHEREAS, on May 14, 1990, the decision of the Planning Commission
was appealed to the City Council to address concerns owners and tenants of the existing
Tillerman Hills project had with a condition of approval requiring an area to be set aside
for a swimming pool; and
WHEREAS, the appeal hearing was scheduled before the Council for June
27, 1990; and
WHEREAS, at the request of the appellant, the June 27, 1990, hearing on
the appeal was continued to July 25, 1990, September 19, 1990 and December 19, 1990;
and
WHEREAS, at the December 19, 1990, hearing, the appellant withdrew the
appeal, stating in writing that the matter appeared to be settled; and
WHEREAS, the Council has considered findings made by the Planning
Commission and all appear to be true and correct; and
ORIGINAL
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
21, 1990, 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 proposed Zone Change No. 5010 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 from the effective date of the zone change.
the general plan.
The proposed planned unit development substantially conforms to
8. The proposed development will constitute a residential environment
of sustained desirability and stability, and that it will be in harmony with the character of
the surrounding neighborhood and community.
9. The development of a harmonious, integrated plan justified
exceptions from the normal application of this code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
correct.
1. All of the foregoing recitals are hereby found to be true and
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 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.
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
~Y 2 $ ~ , by the following vote:
AYES: COUNCILMEMBERS: EDWARDS, D~OND~SMITH, BRUNNI, KANE, McDERMOTT SALVAGGIO
NOES: COUNCILMEMBERS
ABSENT COUNCILMEMBERS:
ABSTAIN COUNCILMEtMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
M^¥ 2 6 1,~3
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
ML:pjt
April 28, 1993
res\o5010.cc
ORIGINAL
P'CD
I
CITY OF ~AKERSFIFLD
ZONING MAP 103-22
SEC ~'2 'E ;'95 R 28E
LEGEND
.g
EXHIBIT "B"
Zone Change No. 5010
Legal Description
All of Tract 3978 Unit 3 in the City of Bakersfield, County of Kern, State of California, as
per map recorded in Book 31, Page 1! of Maps in the office of the County Recorder of said
County.
ORIGINAL
EXHIBIT C
Zone Change No. 5010
Conditions of Approval
Lots 10, 11, 12 & 13 of Tentative Tract 5226 shall be limited to one story
construction.
An area in the common recreation area shall be designed so as not to preclude the
development of a pool in the future.
A six foot high wood fence similar to the fence on the project to the west shall be
required along Bernard Street adjacent to the project. The fence shall be set back
behind the sidewalk 10 feet to provide a landscape buffer similar to that provided to
the west. Maintenance of the landscaping shall be through the home owners
association. The fence shall be installed prior to issuance of the first building permit
for the project.
A six foot high wood fence similar to the fence on the project to the west shall "wrap
around" the vacant C-O zoned parcel at the northeast corner of the project. The
fence shall be installed prior to issuance of the first building permit for the project.
A six foot high wood fence (as measured from the highest grade) similar to the fence
on the project to the west shall be required along the south property line. Where
existing walls and/or fences exist that already satisfy the 6 foot from highest grade
requirement no additional fencing will be required in that area. The fence shall be
installed prior to the issuance of the first building permit for the project.
Tentative Tract 5226 shall be recorded prior to the issuance of a building permit.
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. 3537, 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