HomeMy WebLinkAboutORD NO 2574ORDINANCE NO. 2574
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 COMMONLY KNOWN AS 1001 THROUGH
1017 PACHECO 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 August 13,
1980, 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-2-D to
P.U.D.
2. That VIC TAORMINA, 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.
in excess of
cipal Code.
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.
That the area proposed for rezoning to a P.U.D. zone is
one acre as required by Section 17.51.090 of the Muni-
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:
North/South alley between Lots 1 and
2 of Tract 4007 be vacated, and dedi-
cation and improvements of new alley
as shown on this plan be implemented
prior to construction of this plan.
A landscape plan shall be submitted
for review and approval by the Plan-
ning Department. Landscaping shall
be implemented prior to final build-
ing inspection.
Pool area shall be fenced in ac-
cordance to City Ordinance.
Size and location of refuse bins to
be determined by the Sanitation
Division. Bins shall be located on
concrete pads, 8'x6'x4", at grade
level.
A $350.00 per acre sewer fee is re-
quired by the Public Works Depart-
ment.
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 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 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-2-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 AN R-2-D (LIMITED MULTIPLE FAMILY DWELL-
ING-ARCHITECTURAL DESIGN) ZONE TO A P.U.D.
(PLANNED UNIT DEVELOPMENT) ZONE:
Tract 4007, Lots 1, 2, 3, 4, and 5, in the
City of Bakersfield, County of Kern, State
of California, as per map recorded April 12,
1979, on Page 28, in Book 199, Office of the
Kern County Recorder;
AND THAT portion of the alley lying between
said Lots 1 and 2.
.......... 000 ..........
I HEREBY CERTIFY
and adopted by the Council of the City of Bakersfield at
meeting thereof held on the 27th day of August ,
the following vote:
that the foregoing Ordinance was passed
a regular
1980, by
--Cz~L~Ka d~~fi~
CITY io Clerk of the
Council of the Ci~ of Bakersfield
APP_R0~ED_.this 27~th_ day/~£ A~gust
-- ~of t~e City of Bakersfield
, 1980
APPROVED as to form:
CTTY A~RNEY of ~e~ty of Bakersfield
' ~ - ' ?AC/;E-CO
.,p
Affidavit of Ilosting (Oriltnanres
STATE OF CALIFORN[A, t
County of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that oa ....................../~..~.g..,u...s.~....~.~ ....................................................................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 ............. .A...gg..u...~..~.... ~..?. ................................., 19....8....0..., which ordinance
2574
was numbered ..........................New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.t2.020 OF
TITLE 17 OF THE MUNICIPAL CODE CHANGING THE
LAND USE ZONING OF THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD COMMONLY KNOWN
AS 1001 THROUGH 1017 PACHECO ROAD; AND
MAKING FINDINGS IN CONNECTION WITH A P.U.D.
ZONE.
Subscribed and sworn to before me this