HomeMy WebLinkAboutORD NO 2796ORDINANCE NO. 2796 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 NORTH OF
SAGE DRIVE BETWEEN SOUTH HALFMOON DRIVE ON
THE WEST AND WILSON ROAD ON THE EAST, 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,
photos and maps 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 be
authorized; and
WHEREAS, the City Council has considered and hereby
makes the following findings:
1. That the public necessity, convenience, general
welfare and good zoning practice justify the change of zone from
a P.U.D. (Planned Unit Development) Zone to a revised P.U.D.
Planned Unit Development) Zone.;
2. That U.S. Home Corporation, the applicant, does
intend to start construction within two and one-half (2-1/2)
years from the effective date of the zoninq chanqe;
3. That the proposed Planned Unit Development sub-
stantially conforms to the General Plan;
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.
C. The six (6) findings as stated above are hereby
adopted, including specifically a negative declaration of environ-
mental 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 identi-
fying 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
P.U.D. (Planned Unit Development) Zone to a Revised P.U.D. (Planned
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Unit Development) Zone of those certain properties in the City of
Bakersfield, being more particularly described as follows:
FROM A P.U.D. (PLANNED UNIT DEVELOPMENT)
ZONE TO A REVISED P.U.D. (PLANNED UNIT
DEVELOPMENT) ZONE:
Lots 65 through 71, 93 through 101 and
114 through 134 of Tract 4110 in the
City of Bakersfield, County of Kern,
State of California, as per Map recorded
October 30, 1979 in Book 29, Page 120
in the Office of the Kern County Recorder.
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.
.......... o0o ..........
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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
December 1982, by
15tb day of
meeting thereof held on the
the following vote:
council OI u~= ~- ~ rsfle
APPROVED this 15%h day of December , 1982
APPROVED as to form:
CIT AT~ the~~akersf le-,~=~-
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~ I'~00'
STATE OF CALIFORNIA, )
County of Kern ~ ss.
PHILIP KELMAR, being duly sworn, deposes and say~:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
December 27
that oa ............................................................~. ...................................................................19...~..~... he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ........ D..~..c....e....m....b...~..r......~..~ ............................................, 19_...~8...2.., which ordinance
was numbere~ .............. 2.2.9.6 ..............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 of those certain properties
in the City of Bakersfield, located North of
Sage Drive between South Haltmoon Drive on
the West and Wilson Road on the East, and
making findings in connection with a P.U.D.
Zone
'C,f t y Clerk
Subscribed and sworn to before me this
. ~7T~.h... day of .... I~.~.q~'~ ~.:~ ...................., ].9...~.