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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 .......... o 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