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HomeMy WebLinkAboutORD NO 2513ORDINANCE NO. 2513 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 LOCATED ON THE EAST SIDE OF BARRINGTON STREET, BETWEEN NOTTINGHAM LANE AND HALF MOON DRIVE AND MAKING FINDINGS IN CONNECTION WITH 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 July 25, 1979, 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 to P.U.D. 2. That Rodney R. Brown, 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 IT ORDAINED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct. 2. The Preliminary Development Plan and accompanying documents as submitted, are approved and adopted subject. to the following conditions: de Landscape plan shall be submitted, approved by Planning staff and implemented prior to final building inspection. Size and location of refuse containers is to be determined by the Sanitation Division. Subdivision map shall be filed on this project and shall be recorded prior to sales of any of the parcels of land. Curb, gutter, driveways, paving and sidewalks shall be installed to City standards. 3. The six findings as stated above are hereby adopted, including specifically a negative declaration of environmental impact in accordance with finding 4 above. 4. The Preliminary Development Plan is incorporated into this Zoning Ordinance by reference as fully as though set forth herein. e 5. The Zoning Map is hereby ordered changed by identi- fying the area hereinafter described with the map symbol P.U.D. 6. 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: Commencing at the intersection of the center- line of Barrington Street with the centerline of Nottingham Lane as shown on Tract 3894, filed in Book 27 of Tract Maps, at Page 111, in the Office of the Recorder of Kern County, State of California; Thence South 89024'47" East on and along said centerline of Nottingham Lane 58.32 feet; Thence South 00°35'13" West, 30.00 feet to the South right-of-way line of Nottingham Lane and the True Point of Beginning; Thence South 89024'47" East, on an along said right-of-way line, 417.34 feet; Thence South 00°35'13" West 891.30 feet; Thence North 89024'47" West 145.00 feet, to the beginning of a tangent curve, concave to the Northeast, having a radius of 20.00 feet; Thence Northwesterly, on and along said curve, through a central angle of 90000'00", an arc distance of 31.42 feet; Thence North 00°35'13" East 185.00 feet, to the beginning of a tangent curve, concave to the Southwest, having a radius of 275.134 feet; Thence Northwesterly, on and along said curve~ through a central angle of 28000'32", an arc distance of 134.50 feet; Thence North 27°25'19" West 465,03 feet, to the beginning of a tangent curve, concave to the Northeast having a radius of 184.62 feet; Thence Northwesterly on and along said curve, through a central angle of 28000'32", an arc distance of 90.25 feet; Thence North 00°35'13" East 39.83 feet, to the beginning of a tangent curve, concave to the Southeast, having a radius of 20.00 feet; Thence Northeasterly, on and along said curve, through a central angle of 90000'00", an arc distance of 31.42 feet, more or less, to the True Point of Beginning and the end of this description. Containing 5.64 acres .......... 000 .......... o I HEREBY CERTIFY that the foregoing Ordinance was and adopted by the Council of the City of Bakersfield meeting thereof held on the 8th day of August the following vote: passed at a regular , 1979, by CITY~ERK and~~~xff~io Clerk of the Council of the City of Bakersfield APPROVED this _~t_~h__ d~ of August ~,~ o tk~e uity o~ Bakersfield , 1979 APPROVED as to form: CITY ATTORNEY of the City of Bakersfield J NOTTINGHAM LANE ,/ / NORTH HALF MOON DR. ~ FILE ,.3262 ZC '"'RODNEY BROWN S.E. COR. of BARRINGTQN ST.. . ~ NOTTINGHAM LN. R-I TO RU.D. Artifact of ost ng r uan es STATE OF CALiFORNiA, f 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 ............................Au4~.uat -9 ................................................................,19....~Zg he posted on the BuIle~n Board at the City Hall, a full, t~'ue and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .......... .~.~.~..u...~.~......8. ..............................................., 19...~.~.., which ordinance was numbered ~.P.~ 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 CHANGIN(; THE LAND USE ZONING OF THAT CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF BARRINGTON STREET BETWEEN NOTTINGHAM LANE AND HALF MOON DRIVE AND MAKING FINDINGS IN CONNECTION WITH P.U.D, ZONE. Subscribed and sworn to before me this 1.0~h. day of .... Aug.~t ............. 19..~.9.