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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..