HomeMy WebLinkAboutORD NO 2553ORDINANCE NO. 2553
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 BOTH SIDES OF DUNSMUIR
ROAD, NORTH OF BUSINESS CENTER 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 Bakers-
field, the Planning Commission and City Council have held hearings
respectively, 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 March 19,
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 A to P.U.D.
2. That W. Watson Company, 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 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
of Bakersfield as follows:
IT ORDAINED by the Council of the City
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)
3)
4)
5)
6)
Landscape plan is to be submitted and
implemented prior to final building
inspection.
Size and location of refuse bins shall
be determined by the Sanitation Division.
All conditions of revised Parcel
Map 5714 shall be met prior to issu-
ance of any building permits.
Any signage submitted for project must
meet Planning Commission approval.
A subdivision map will be required to
be filed and finaled prior to the sale
of any unit.
The street name "Dunsmuir Road" shall
be changed to designate "DUNSMUIR
STREET".
7)
8)
9)
lO)
ll)
The two existing oil well sites shall
be fenced in accordance with City
standards.
No work, re-work, re-drilling, mainte-
nance, or oil operation shall be done
with derricks exceeding 70 feet in
height.
Permanent dead-men shall be installed
to be used with guys for steadying and
reinforcing said derricks.
Four-foot and six-foot high masonry
walls are required adjacent to
R-zoned properties, as shown in RED on
plot plan in file.
Structures shall be moved from east
property line the distances indicated
in RED on plot plan in file.
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
A Zone to a Planned Unit Development (P.U.D.) Zone of that certain
property in the City of Bakersfield, being more particularly des-
cribed as follows:
FROM AN A (AGRICULTURAL) ZONE TO A P.U.D.
(PLANNED UNIT DEVELOPMENT) ZONE:
That portion of Sections 34 and 35, Town-
ship 29 South, Range 27 East, Mount Diablo
Meridian described as follows:
Beginning at the Northeast corner of Parcel C
of Parcel Map 3780 as per map thereof
recorded October 29, 1976, in the Office of
the Kern County Recorder in Book 17 of
Parcel Maps at Page 12;
Thence along the East line of said Parcel C,
South 16048'36" East, 123.374 feet;
Thence North 89°59'21" East, 226.459 feet;
Thence North 00000'39" East, 490.011 feet;
Thence North 27°37'21" East, 886.490 feet,
to the beginning of a tangent curve, concave
to the South, having a radius of 25.00
feet;
Thence Westerly, on and along said curve,
through a central angle of 42050'00", an
arc distance of 18.690 feet, to a point of
reverse curvature with a second curve,
concave Northeasterly, having a radius of
50.00 feet, from which point the radial
point of said curve bears North 15012'39"
West;
Thence Westerly, on and along said curve,
through a central angle of 104°49'18", an
arc distance of 91.474 feet;
Thence South 89036'39" West, 176.584 feet
to a point on a curve, concave Westerly,
having a radius of 560.00 feet, from which
point the radial point of said curve bears
South 89036'39" West;
Thence Northerly, on an along said curve,
through a central angle of 8039'57", an arc
distance of 84.697 feet, to a point of
reverse curvature with a second curve,
concave Easterly, having a radius of 505.00
feet, from which point the radial point of
said curve bears North 80° 56'43" East;
Thence Northerly, on an along said curve,
through a central angle of 19044'49", an
arc distance
Thence North
Thence South
Thence South
Thence South
Thence South
Thence South
Thence South
of 174.048 feet;
79018 31" West,
29026 46" West
16033 14" East
27°35 39" West
25°14 35" West
13043 23" West
01°59 16" West
Thence South 00°03 17" East
a point on the North line of
60.00 feet;
90.00 feet;
19.05 feet;
901.348 feet;
140.796 feet;
200.873 feet;
139.592 feet;
71.873 feet to
Business
Center Drive as delineated on said Parcel
Map 3780;
Thence North 89056'43" East, 154.317 feet
to the beginning of a tangent curve, concaw~
Northwesterly, having a radius of 15.00
feet;
Thence Northeasterly, along said curve,
through a central angle of 90000'00", an
arc distance of 23.562 feet;
Thence North 00°03'17" West, 56.79 feet;
Thence North 89056'43" East, 60.00 feet to
the beginning of a curve, concave Easterly,
having a radius of 25.00 feet;
Thence Southeasterly, on an along said
curve, through a central angle of 29035'32",
an arc distance of 12.912 feet to the
beginning of a reverse curve, concave
Westerly, having a radius of 90.00 feet;
Thence Southerly, on and along said curve,
through a central angle of 83°17'14", an
arc distance of 130.827 feet, to the North-
east corner of said Parcel C and 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 26th day of March , 1980, by
the following vote:
..f
Council of the City ~f Bakersfield
Bakersfield
, 1980
APPROVED as to form:
CITY ATTORNEY of the/~ity of Bakersfield
l
/
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I
Aff av t of os tng r uau es
STATE OF CALIFORNIA, I
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 or~ ..............................i~..~:..~q.~.....~_~} ........................................................., 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 ....................~.P:.r..q_13......3..~. ............................., 19..~..(~..., which ordinance
was numbered_ ....... 2 ~..~ 3 ........New Series, anti 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 BOTN
SIDES OF DUNSMUIR ROAD, NORTH OF BUSINESS
CENTER DRIVE; AND MAKING FINDINGS IN CONNEC-
TION WITH A P.U.D. ZONE.
/,'/ '- ~ity C~erk
Subscribed and sworn to before me this
28th day of March ,19 80