HomeMy WebLinkAboutORD NO 2673ORDINANCE NO. 2679
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.12.020 OF
TITLE 17 OF THE MUNICIPAL CODE CHANGING THE
LAND USE ZONING OF THAT CERTAIN PROPERTY IN
THE CITY OF BAKERSFIELD, COMMONLY KNOWN AS
6800 STOCKDALE HIGHWAY, AND MAKING FINDINGS
IN CONNECTION WITH 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 property
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
17.51.020 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 property, 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
P.U.D. to Revised P.U.D.;
2. That CHRIS A. ADDINGTON & ASSOCIATES, the applicant,
does intend to start construction within two and one-half (2-1/2)
years from the effective date of the zoning change;
3. That the proposed planned unit development substantially
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
strict application of the Municipal Code.
6. That the area proposed for rezoning to a P.U.D.
(1) acre as required by Section 17.51.090
zone is in excess of one
of the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the Council
City of Bakersfield as follows:
documents, as
following
of the
The above recitals are true and correct.
The Preliminary Development Plan and accompanying
submitted, are approved and adopted subject to the
additions to the plan:
1)
Applicant shall obtain approval for
Tentative Tract 4503 and all conditions
for same shall be met prior to issuance
of building permits.
2)
Landscape plan shall be submitted for
review and approval by the Planning
Department; and shall be implemented
prior to final building inspection.
3)
Any signage shall have
mission approval prior
sign permits.
Planning Com-
to issuance of
4)
All outdoor lighting shall be designed
so that it does not shine on adjacent
properties on the north and east.
5)
All secondstory windows overlooking the
adjacent properties on the north and
east of subject property shall be
architecturally screened. Design of
screening shall be reviewed and ap-
proved by the Building Director and
Planning Director prior to issuance of
a building permit.
6)
Construct a sixfoot high masonry wall
and plant evergreen trees around peri-
meter of project.
7) Wall shall be installed prior to ob-
taining building permits.
8)
Signage to control the speed on private
streets shall be reviewed by Planning
Commission at the time final develop-
ment plans are approved.
9)
The Building Department requires a pre-
liminary soil report and an approved
grading plan prior to any grading work.
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 17.12.020 of the Municipal Code of the City
of Bakersfield be and the same is hereby amended by changing the
land use zoninq of certain property in said City, the boundaries
of which property 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 Planned Unit
Development (P.U.D.) Zone of that certain property 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, CONTAINING 46 SINGLE FAMILY CONDOMINIUM
UNITS:
That portion of the Southeast Quarter of
Section 33, Township 29 South, Range 27
East, M.D.B.&M., being more particularly
described as follows:
Beginning at the Southeast corner of said
Section 33;
Thence North 89°43'00" West, along the South
line of said Section, 694.22 feet;
Thence leaving said South line North 10017'00"
East, 86.309 feet to the True Point of
Beginning, said point being on the North
right-of-way line of Stockdale Highway;
Thence continuing North 10°17'00" East,
219.031 feet;
Thence North 24°40'00" East, 196.35 feet;
e
Thence North 28°36'00" East, 203.90 feet to
a point on the South right-of-way line of
Tract 3614 recorded February 8, 1973 in Map
Book 24, Pages 136 and 137, Office of the
Kern County Recorder;
Thence North 89°50'00" West, along the
Western extension of said South line, 527.36
feet;
Thence South 26°42'00" West, 245.06 feet;
Thence South 29~36'25" West, 405.784 feet to
a point of the North right-of-way line of
Stockdale Highway;
Thence South 89~43'00" East, along the North
right-of-way line of Stockdale Highway,
618.71 feet, more or less 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.
......... o0o .........
I HEREBY CERTIFY that the foregoing ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereo[ held on the 14th day of October , 1981, by
the following vote:
--~ ; "T'T~ ' f
CITY CL~R~ ~nd ~x Off~lo Clerk o
Council of the City of Bakersfield
the
1981
APPROVED as to form:
CITf ATqPORNE~/~ the Cit~Fof Bakersfield
Affidavit of Iosfing Or mat es
STATE OF CALIFORNIA, ~
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 or~ .....................................O..~.~?..b...~_r........1....5...~ ......................................................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 ...........~..c...~..o....b...e...~......1...~..~. ..........................................., 19.~..~...., which ordinance
was numberect ...............~..~.Y.~ ...................New Series, and entitled:
An Ordinance of the Council of the City of
Bakersfield amending Section 17.12.020 of
Title 17 of the Municipal Code changing the
Land Use Zoning of that certain property in
the City of Bakersfield, commonly known as.
6800 Stockdale Highway, and making findings
in connection with P.U.D. Zone.
ity Clerk
Subscribed and sworn to before me this
16th day of October ,19 81