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HomeMy WebLinkAboutORD NO 2654ORDINANCE NO. 2654 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 THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED ON THE EAST SIDE OF STINE ROAD, AND SOUTH OF HARRIS 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 and City Council have held hearings respec- tively, on a petition to change the land use zoning on the property hereinafter described; and WHEREAS, the City Council has determined, after due con- sideration of said application, consisting of a Preliminary Develop- ment 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 conform- ance 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 hearings 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. Zone to a revised P.U.D. 2. That Developer's Management Services, Inc., the ap- plicant, 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 surround- ing residential neighborhood which is of similar design and density; that the foregoing facts warrant a negative declaration of environ- mental impact. 5. That the development as proposed, constitutes a har- monious, 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. zone is in excess of one acre as required by Section 17.51.090 of the Muni- cipal 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 conditions: l) 2) Sight distance deficiencies due to structure clearances to streets be mitigated with stop signs or other traffic control devices. A sewer fee of $350.00 per acre shall be paid to the City. C. The six findings as stated above are hereby made and 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. e 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 zoning 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. 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 A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE TO A REVISED P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE CONSISTING OF 12 SINGLE FAMILY DWELLINGS: Lots 1, 2, 6, 7, 9, 10, 26, 27, 28, 29, 33, and 34 of Unit "C", Tract 3827, City of Bakersfield, County of Kern, State of California, as per map recorded July 9, 1979 in Map Book 29, Pages 59 through 62, Office of the Kern County Recorder. ......... o0o ......... e 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 8th day of July _, 1981, by the following vote: CITY CLERK and Ex'Officio Clerk of the Council of the City of Bakersfield APPROVED this 8th day of July the'City of Bakersfield , 1981 APPROVED as to form: CITY /~TTORNEY c~"the City,~ff Bakersfield PINE STATE OF CALIFORNIA,~ County of Kern 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 on ...........................................~..u....1..Z.._.9...~. ......................................................., 19....~..1... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of a Resolution of Intention passed by the Council of said City at a meeting thereof duly held on ................~.U..1..~......8.. .......................................19....8.-.~.., which Resolution of Intention was numbered .......... 2.6.5.~ ......................, 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 those certain properties in the City of Bakersfield located on the East side of Stine Road, and South of Harris Road; and making findings in connection with a P.U.D. gone. City Clerk Subscribed and sworn to before me this 13th day of guly~ ,19 81 .............. ........:7'-: ........................ .......