Loading...
HomeMy WebLinkAboutORD NO 2457ORDINANCE NO. 2457 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 NORTHWEST CORNER OF WILSON ROAD AND SAGE 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 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 conform- ance to the General Plan, and all other matters as required by law, and after having considered the recommendations of the Planning Commission, 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 October 18, 1978, 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 Tenneco Realty Development Corporation, the appli- cant, 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 substantially 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. That the above recitals are true and correct. 2. That the Preliminary Development Plan and accompanying documents as submitted, are approved and adopted subject to the following conditions: a. Landscape plan for front yards is to be approved by the Planning staff and implemented prior to final building inspec- tion. b. Size and location of refuse bins to be on 8'x6'x4" concrete pads at grade level, to be determined by the Sanitation Department. c. All conditions of Tract 4110 filed on this plan shall be completed prior to issuance of building permits. d. Pursuant to Sections 13.301C and 13.301D of the Uniform Fire Code, water mains and fire hydrants to be installed by developer shall be completed, tested and accepted prior to building construction. e. One-hour walls with 30" parapet for all buildings on property line. 3. That the six findings as stated above are hereby adopted, including specifically a negative declaration of environ- mental impact in accordance with findinq 4 above. 4. That the Preliminary Development Plan is incorporated into this Zoninq Ordinance bv reference as fully as though set forth herein. 5. That the Zonin~ MaD is hereby ordered chanaed by identifvin~ the area hereinafter described with the mad symbol P.U.D. 6. That Section 17.12.020 of the Municipal Code of the City of Bakersfield, be and the same is herebv amended bv chan~in~ the land use zoninq of certain DroDertv in said Citv0 the boundaries of which property are shown on the mad hereto attached and made a Dart hereof, as follows: chan~inq the zoninq boundaries from an R-1 Zone to a Planned Unit Development (P.U.D.) Zone of that certain property in the City of Bakersfield, bein~ more particularly des- cribed as follows: Amending the zoning boundaries from an R-1 (One Family Dwelling) Zone to a PUD (Planned Unit Development) Zone of that certain prop- erty in the city of Bakersfield located on the Northwest corner of Wilson Road and Sage Drive, being more particularly described as follows: That portion of Sections Ten (10) and Fifteen (15), Township Thirty (30) South, Range Twenty- Seven (27) East, MDM, described as follows: Commencing at the intersection of the center- line of Sage Drive with the centerline of Sesame Street as shown on the Map of Tract No. 3821, filed November 17, 1976, in the Office of the Kern County Recorder in Book 26 of Maps, at Page 169; thence along the centerline of Sage Drive N 73© 25' 12" W, 221.84 feet; thence N 16° 34' 48" E 30.00 feet to the north right- of-way line of Sage Drive and the True Point of Beginning; thence N 73© 25' 12" W 173.16 feet to the beginning of a tangent curve, con- cave to the southwest having a radius of 1530.00 feet; thence northwesterly, on and along said curve, through a central angle of 9° 01' 33" an arc distance of 241.02 feet; thence N 82° 26' 45" W, 29.30 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 86© 59' 56" an arc distance of 30.37 feet, to a point of re- verse curvature with a second curve, concave westerly, having a radius of 935.00,feet, from which point the radial point of said curve bears N 85© 26' 49" W; thence northerly, on and along said curve, through a central angle of 4° 37' 31" an arc distance of 75.48 feet; thence N 00° 04' 20" W, 459.821 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 90° 00' 00" an arc distance of 31.42 feet; thence N 00° 04' 20" W, 60.00 feet; thence N 89° 55' 40" E, 579.36 feet; thence N 00° 04' 20" W, 643.85 feet; thence N 89° 55' 40" E, 290.34 feet; thence S 00° 04' 20" E, 150.00 feet; thence N 89° 55' 40" E, 150.00 feet, to a point on the west line of Wilson Road; thence along said west line of Wilson Road (1) S 00© 04' 20" E, 734.80 feet; thence (2) S 00© 24' 31" W, 64.81 feet to the beginning of a tan- gent curve, concave to the west, having a radius of 2215.00 feet; thence (3) southwesterly, on and along said curve, through a central angle of 25° 51' 58", an arc distance of 999.96 feet to a point on a second curve, concave northwest- erly, having a radius of 20.00 feet, from which point the radial point of said curve bears N 74© 43' 31" W; thence southwesterly, on and along said curve, through a central angle of 91° 18' 19", an arc distance of 31.87 feet; thence N 73° 25' 12" W, 511.27 feet, more or less to the True Point of Beginning. Containing 23.72+ Acres. 4 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 25th day of October , 1978, by the following vote: AYkS: COUNCILMEN BARTON, ~4-~W~, MEDDSR$, RJ%TTY, ROGERS, SC~AI~$, S~ROt~ Council of the Ck~!; of Bakersfield APPROVED this 25th ~ of October ~0K~o~/~fhe City of Bakersfield , 1978 APPROVED as to form: CITY ATTORNEY of the~ l~ty~of Bakersfield SUMP R-I TO P.U.D. A PLANZ ,,/ R-I 400' FILE 3077 TENNECO NW. AND SAGE ZC REALTY DEV. CORNER WILSON DRIVE. CORR ROAD R-I TO PU.D Aff av of ost ng ( rh uan es STAT~ OF CAI3FORN1A, } County of Keru 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~ .................................................Q.~._t..~.~.~.~....._2..~ ...........................................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 ..............Q~.~.Q..b...~.~?... _~...5.. .........................................., 19...~_8...., whleh ordinance was numbered. ..........~.~.~.? ...................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 LOCATED ON THE NORTHWEST CORNER OF WILSON ROAD AND SAGE DRIVE AND MAKING FINDINGS IN CONNECTION WITH P.U.D. ZONE. / City C~rk Subscribed and sworn to before me this ...3.Q~h. day of ..... 0.G~.Q~.~.~ ............. 197.~ ty ty ...................... of Kern, S~te of CaJiforn ~