HomeMy WebLinkAboutORD NO 2638ORDINANCE NO. 2638 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 3319 MAYWOOD
DRIVE; 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 conformance
to the General Plan, and all other matters as required by law, and
after having considered the recommendations of the Planning Commis-
sion, 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, at the hearing before the City Council on April 8,
1981, the City Council considered the following findings:
1. That the public necessity, convenience, general welfare
and good zoning practice justify the change of zone from R-1 (One
Family Dwelling) to P.U.D (Planned Unit Development).
2. That The Development Groupe, Inc., 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 substan-
tially 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 sur-
rounding residential neighborhood which is of similar design and
density; that the foregoing facts warrant a negative declaration of
environmental 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:
1)
2)
3)
4)
5)
Landscape plan to be submitted, ap-
proved by the Planning staff, and
implemented prior to final building
inspection.
Size and location of refuse containers
to be determined by the Sanitation
Division.
A subdivision tract map shall be re-
corded prior to issuance of a building
permit.
Modification to be obtained through the
Board of Zoning Adjustment for the
reduction of the one acre minimum lot
area requirement for a P.U.D. Zone.
Six-foot fence required on the North
property line adjacent to the city park
must be extended to within 25 feet of
the property line where it will be
dropped to four feet in height.
C. The six 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 identi-
fying 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 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 an
R-1 Zone to a Planned Unit Development (P.U.D.) Zone of that
certain property in the City of Bakersfield, being more particularly
described as follows:
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO
A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE,
CONSISTING OF TWO STRUCTURES CONTAINING A
TOTAL OF FOUR SINGLE FAMILY DWELLINGS:
Beginning at a point on the most North-
westerly corner of Lot 27, Tract 3698,
Unit "A", in the City of Bakersfield, County
of Kern, State of California, as per map
recorded March 14, 1974 in Book 25 at
Page 192 in the Office of the Kern County
Recorder;
Thence South along the Westerly boundary
line of Lots 27, 26, and 25 of said Tract
3698, 208.01 feet to a point on the Northwest
corner of Lot 14 of said Tract 3698;
Thence West 208.01 feet along the North
boundary lines of Lots 14 and 13 of said
Tract 3698 to a point on the Northwest
corner of Lot 13 of said Tract 3698, also
being a point on the East boundary line of
Tract 3483, City of Bakersfield, County of
Kern, State of California, as per map
recorded February 18, 1978 in Book 20 at
Page 144 of Maps in the Office of the Kern
County Recorder;
Thence North along said East boundary line
of Tract 3483, 208.01 feet;
Thence East 208.01 feet to the True Point of
Beginning.
.......... o0o ..........
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 15th day of April , 1981, by
the following vote:
CITY CLERK ~nd E Clerk of the
Council of the City of Bakersfield
APPROVED th~s 15th day of April
MAYO~e C~of Ba~eld
, 1981
APPROVED as to form:
CIT~ ATTORNE of the of Bakersfield
FiL.£ 3590 ZC
THE DEV~LOF'MENT GROUFE
3319 MAYWOOD': D;~,IVE
R I TO PUD - ' -
BREWER
Aff auil of osl ng ( r inan es
STATE OF CALIFORNIA, f
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~ ....................................................A..~..r....i...?:_....1...6_ .............................................., 19..~.~.... he posted on the Bulle~in 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 ...............................~.~....r..j~.~_....1....5.. ....................................., 19....~..]:.., which ordinance
was numbere~ .............~.~.3.~ ....................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 3319 MAYWOOD DRIVE;
AND MAKING FINDINGS IN CONNECTION WITH A P.U.D~
ZONE.
Subscribed and sworn to before me this
20th day of April ,19 81