HomeMy WebLinkAboutORD NO 2315ORDINANCE NO.
2315 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
COMMONLY KNOWN AS 2201 BRITE 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 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 117.51.020 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 January
10, 1977, the City Council considered the following f~dings:
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 K. A. Shelton, 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 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
hood and community.
5. That the development as
of the surrounding neighbor-
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.
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 accompany-
ing documents as submitted, are approved and adopted, and the six
findings 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-1 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:
That portion of Lot 14 in fractional Section 1,
Township 30 South, Range 27 East, Mount Diablo
Meridian, in the City of Bakersfield, County of
Kern, State of California, according to the Kern
County Sales Map No. 1 of Lands of J.B. Haggin,
filed in the office of the Recorder of Kern
County on May 3, 1889, described as follows:
Con~nencing at the intersection of the southerly
prolongation of the easterly line of said Lot
14 with the centerline of the county road adjoin-
ing said lot on the south as said road is shown
on said map; thence north along the east line of
said lot and said southerly prolongation 378 feet
to the northeast corner of that certain parcel of
land conveyed to Clifford A. Mettler et ux, by deed
recorded December 1, 1947, in Book 1476, Page 111,
Official Records; thence north along the east line
of said Lot 14, 287.66 feet to the northeast corner
of said Lot 14; thence west along the north line
of said Lot 14, a distance of 582.79 feet to the
northwest corner of that certain parcel of land
conveyed to L. H. Houchin, et ux, by deed recorded
January 25, 1939, in Book 849, Page 206, Official
Records, said northwest corner being the true point
of beginning for this description; thence south
along a portion of the west boundary of said
Houchin Parcel 228.95 feet to an angle point in
said boundary; thence east along a portion of
said boundary 239.81 feet; thence at a right
angle north to a point in the north line of said
Lot 14; thence west along the north line to the
point of beginning.
EXCEPT ANY PORTION INCLUDED IN THE RIGHT-OF-WAY
FOR BRITE STREET.
.......... 00o ..........
4
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 10th day of January, 1977, by the follow-
ing vote:
CITY C~K a~Ex .~icio Cler.k of the
Council of the City of Bakersfield
-~ )(~e. eft~of Bakersfield
APPROVED as to form:
CItY A~OI~NEY oL ~I~e Czt¥ of Bakersfield
ROUTE 58 FREEWAY
BRITE
STREET
R-i
R-I
FILE 2759 ' ZC
K.A. SHEL TON, INC.
2~.01 BRITE ST.
IV ZC R-I TO PUD
i" = I00'
Aff av of os ng
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 Bakersfield; and
that oa .......................~_a...p..t~..a...~.y..._~...1.= ..................................................................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 _ .: ...........................J...a...il~%!.~..~.X.._]:.~Q_, ......................., 19....7.."~..., which ordinance
was numbered ......... 2..P~5 ...............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
COMMONLY KNOWN AS 2201 BRITE STREET AND
MAKING FINDINGS IN CONNECTION WITH P.U.D..
ZONE.
Subscribed and sworn to before me this
]:.]~.~.!~.. day of .. J~BU~y~. ..........................19...77..