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HomeMy WebLinkAboutORD NO 2351ORDINANCE NO. 2351 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 "Q" STREET, BETWEEN 38TH STREET AND 40TH STREET 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 Cor~nission 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 Con~nission, 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 June 6, 1977, the City Council considered the following findings: 1. That the public necessity, convenience, general welfare and good zoning practice justify the change of zone fr¢~ R-2-D to P.U.D. 2. That Donald G. Sharpe, 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 substantially conforms to the general plan. 4. That such development will constitute a residential environment of sustained desirability and stability and that it will be in harmony with the character of the surrounding neighbor- hood and community. 5. That the development as proposed, constitutes a har- monious, integrated plan and justifies exceptions from the normal 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 Municipal Code. NO~7, 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, and the six find- ings as stated above are hereby made. 3. That the Preliminary Development Plan is incorporated into this Zoning Ordinance by reference as fully as though set forth herein. 4. That the Zoning Map is hereby ordered changed by identifying the area hereinafter described with the map symbol P.U.D. 5. That 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: Lots 2 and 3 in Block 663 of the Northern Division of the City of Bakersfield, as shown on the map thereof filed April 19, 1904, in the office of the County Recorder of said Kern County; together with the southerly 11.25 feet of vacated 40th Street abutting said land on the north. .......... 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 6th day of June, 1977, by the following vote: AYES: COUNCILMEN BARTON, CHRISTENSEN, MEDDEI~S, RATTY, ROGERs, SCEALES, STRONG NOES: COUNCILMEN: ,~ ) ,~ *~ [ T~E~an Ex~ CI o Clerk of the Cou6cil of the City of Bakersfield '~ '~/t~y of Bakersfield APPROVED as to form: Bakersfield R-2-D R'2-D C-O-O R-I 40 TH R'£-D TO PU.D ,'38 TH STREET C-O-D STREET C-O-D R-I P.U.D. (21 R-2-D C-.O-D c3 R- I- HOSP R"2-D IV FILE 2826 ZC DONALD G. SHARPE R-2-D TO RU.D. Affidavit of osttng ( r tna es STATE OF CALIFORNIA, ~ 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 Bakers£ield; and that on. .......................,:i..~...n...e..._..~ ...................................................................................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 .... ~.~.~.~.....~. .................................................19.._~..7..., which ordinance was numberect .... 2~..~ .............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 EAST SIDE OF "Q" STREET, BETWEEN 38TH STREET AND 40TH STREET AND MAKING FINDINGS IN CONNECTION WITH P.U.D. ZONE. Subscribed and sworn to before me this