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HomeMy WebLinkAboutORD NO 2882ORDINANCE NO. 2~82 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF TITLE 17 OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED SOUTHEAST OF THE INTERSECTION OF HARRIS ROAD AND STINE ROAD: AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. 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 has held a public hearing on a petition to change the land use zoning on the properties hereinafter described; 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 density, estimated population 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 the hearing for a change of zoning of the hereinafter-described properties, that a zoning change should WHEREAS, the City Council has makes the following findings: 1. That the public necessity, be authorized; and considered and hereby convenience, general welfare an MH (Mobilehome) Zone to P.U.D.; 2. That SEQUOIA ENGINEERING, intend to start construction within two years from the effective date of the zoning 3. That the proposed conforms to the General Plan; and good zoning practice justify the change of zone from INC., the applicant, and one-half (2-1/2) change; does Planned Unit Development substantially 4. That said development, as proposed, will not result in any substantial detrimental environmental impact in that it will be entirely a residential area, desirable and stable because of its overall design and density which will be in harmony with the surrounding residential neighborhood which is of similar design and density, and that the foregoing facts warrant a negative declaration of environmental impact. 5. That the development, as proposed, constitutes a harmonious, integrated plan and justifies exceptions from the normal application of the Municipal Code. 6. That the area proposed for rezoning to a P.U.D. zone is in excess of one (1) acre as required by Section 17.52.090 of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: A. The above recitals are true and correct. B. The Preliminary Development Plan and accompanying documents, as submitted, are approved and adopted subject to the following additions to the plan: 1) 2) 3) 4) 5) 6) 7) Sight distance deficiencies due to structure clearances to streets may have to be mitigated with stop signs or other traffic control devices. All common areas for parking shall be improved as per Section 17.34.020(B) of the Municipal Code. Minimum front yard shall be 20 feet. Minimum side yards shall be three feet. Minimum rear yards shall be five feet. Eaves cannot extend into the area two feet from the property line. The abandoned sewer line shall be exposed at each lateral connection and the connections to be filled with concrete to the satisfaction of the Building Department. e 8) 9) lO) Comply with all conditions of Tenta- tive Tract No. 4656 and recordation of said tract prior to issuance of any building permits. The drainage easement on lots 7 and 8 shall be located either all on Lot 7 or Lot 8. Prior to obtaining a building permit, subject property shall be annexed into the existing homeowner associa- tion of the project. C. The six (6) findings as stated above are hereby adopted, including specifically a negative declaration of environmental impact in accordance with finding 4 above. D. The Preliminary Development Plan is incorporated into this Zoning Ordinance by reference as fully as though set forth herein. E. The Zoning Map is hereby ordered changed by identifying the area hereinafter described with the map symbol P.U.D. F. Section 17.06.020 of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of certain properties in said City, the boundaries of which properties are shown on the map hereto attached and made a part hereof, as follows: changing the zoning boundaries from a MH (Mobilehome) Zone to a Planned Unit Development (P.U.D.) Zone of those certain properties in the City of Bakersfield, being more particularly described as follows: FROM AN MH (MOBILEHOME) ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE CONSISTING OF 62 DETACHED SINGLE FAMILY DWELLINGS: Being a portion of the southwest Quarter of Section 23, Township 30 South, Range 27 East, M.D.B0&M., in the City of Bakersfield, County of Kern, State of California, and more particularly described as follows: Commencing at the West Quarter corner of the above said Section 23, said corner also being the centerline intersection of Stine Road and Harris Road; Thence (1) South 0°01'18" West, along the centerline of Stine Road, 275.71 feet; Thence (2) at right angles, South 89°58'42" East, 55.000 feet to a point on the easterly right-of-way line of said Stine Road and the True Point of Beginning of this description; Thence (3) South 0°01'18" West, along said right-of-way line 385.098 feet to the beginning of a tangent curve concave to the northeast with a radius of 20.000 feet; Thence (4) southeasterly along said curve through a central angle of 89°43'04", an arc distance of 31.317 feet; Thence (5) South 89~41'46" East, 35.000 feet to the beginning of a tangent curve concave to the northwest with a radius of 20.000 feet; Thence (6) northeasterly along said curve through a central angle of 90~16'56", an arc distance of 31.514 feet; (7) North 0"01'18" East, 20.409 feet; (8) South 89°58'42" East, 25.000 Thence Thence feet; Thence (9) South 0~01'18" East, 20.729 feet to the beginning of a tangent curve concave to the northeast with a radius of 20.000 feet; Thence (10) southeasterly along said curve through a central angle of 89°43'04", an arc distance of 31.317 feet; Thence (11) South 89~41'46" East, 55.099 feet; Thence (12) North 0~01'18" East, 123.996 feet; Thence (13) South 89°41'46" East, 214.453 feet; Thence (14) North 66°27'35" East, 324.050 feet; Thence (15) South 89"41'46" East, 116.001 feet; Thence (16) North 0"01'18" East, 292.504 feet; Thence (17) South 89°41'46" East, 98.319 feet; J Thence (].8) North 0°18'14" East, 87.500 feet to a point on the southerly right-of-way line of Harris Road; Thence (19) North 89°41'46" West, along said right-of-way line, 671.243 feet; Thence (20) South 0°01'18" West, 230.000 feet; Thence (21) North 89°41'46" West, 230.000 feet to the True Point of Beginning. 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. .......... o 0o .......... 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 the 9~h day of November , 1983, by the following vote: CITY CLERK a~ Ex ~fficio Clerk of the Council of the City of Bakersfield APP,ROV~t this 9~h day of R©vember , 19_8_83 MAYOR o~/the Cit~ of Bakersfie1" APPROVED as tO form: //T~EY of t~ CI of Bakersfield AJS/bl 6. 10-20-83 ROAD /{'~ZO0' ~IOZTtt Aff av of ost ng rh nan es STATE OF CALIFORNIA, t County of Kern~ ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that o~ ...................~[.o....v....e..Ln...b....e._r.._......_l...~ ................................................................, 19..~.~... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the CounciI of said City at a meeting thereof duly held on ............Nf~..v...¢.t2.~..~.~.....9 .............................................., 19.~.3....., which ordinance was numbered[ ............2.$...5..~ .....................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF TITLE 17 OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING O? THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED SOUTHEAST OF THE INTERSECTION OF HARRIS ROAD AND STINE ROAD: AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. ZONE. Cit~y Clerk Subscribed and sworn to before me this · !.~t~. day of ......~q?.~m]~.~.r .......................,19...~.~..