HomeMy WebLinkAboutORD NO 2616ORDINANCE NO. 2616
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 LOCATED ON THE EAST SIDE OF
STINE ROAD, 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 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
January 5, 1981, the City Council considered the following findings:
1. That the public necessity, convenience, general welfare
and good
P.U.D.
zoning practice justify the change of zone from P.U.D. to
2. That Casa Linda, 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)
Sight distance deficiencies due to
structure clearances to streets may
have to be mitigated with stop signs
or other traffic control devices.
A sewer fee of $350.00 per acre shall
be paid to the City.
All common areas for parking shall be
improved as per Section 17.40.020(B)
of the Municipal Code.
The landscaped common area shall have
a permanent irrigation system. Land-
scape plan shall be submitted to the
Planning Department for review and
approval and shall be implemented
within 180 days after the first
permit for Unit D is issued.
Lots 14, 15, 16, 17, and 18 of Unit D
across the Southerly boundary shall
be redesigned for one-story dwelling
units with a minimum rear year of 20
feet.
6)
7)
There shall be a minimum of ten-foot
distance between all units adjacent
to dwellings with a zero lot line.
Any modification to said requirement
is to be subject to the approval of
the Fire Chief and Building Director.
On Lots 18 and 42 of Unit D, the
bottom of the windows in the dwelling
wall adjacent to the parking area
shall be above the masonry wall
surrounding the parking area.
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 a
P.U.D. 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 A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE
TO A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE:
Tract 3827, Unit "C", City of Bakersfield,
County of Kern, State of California, as per
map recorded July 9, 1979 in Map Book 29 at
Pages 59 and 60, Office of the Kern County
Recorder; and Tract 3827, Unit "D", City of
Bakersfield, County of Kern, State of
California, as per map recorded July 9,
1979 in Map Book 29 at Pages 61 and 62,
Office of the Kern County Recorder.
.......... 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
meeting thereof held on the !4th day of January , 1981, by
the following vote:
CITY CLERK and ~x Offficio Clerk of the
Council of the City of Bakersfield
APPROVED this _14th day of January , 1981
I~AYOR~~~f e (~t f~leld
APPROVED as to form:
CIT/~T'O~RN~Of the Cl~f Bakersfield
INC.
AffiXave! of j os tug r tnan es
STATE OF CALIFORNIA, }
County of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acttag and qualified City Clerk of the City of Bakersfield; and
that January 19 81
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 January 14 , 81
............................................................................. 19 ............which ordinance
was numbered .2.6X6 ............ 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 LOCATED ON THE EAST SIDE OF
STINE ROAD, SOUTH OF HARRIS ROAD; AND MAKING
FINDINGS IN CONNECTION WITH A P.U.D. ZONE.
Subscribed and sworn to before me this
19th day of January 81