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HomeMy WebLinkAboutORD NO 2311ORDINANCE NO. 2311 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 LAND LOCATED ON THE NORTHEAST CORNER OF MING AVENUE AND ASHE ROAD 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 January 3, 1977, the City Council considered the following findings: 1. That the public necessity, convenience, general wel- fare and good zoning practice justify the change of zone from R-1 to P.U.D. 2. That Tenneco Realty Development, the applicant, does intend to start construction within two and one-half (2½) 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 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 con~nunity. 5. That the development as proposed, constitutes a harmonious, 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 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-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 the Northwest Quarter (NW 1/4) of Section Ten (10), Township Thirty (30) South, Range Twenty-Seven (27) East, Mount Diablo Meri- dian, in the City of Bakersfield, Kern County, California, lying northerly of Ming Avenue and lying southerly and westerly of the following- described line: Commencing at the intersection of the east right- of-way line of Ashe Road with the south line of Tract 3770, as per map thereof recorded September 30, 1976, in Book 26, Page 145; thence along the south line of said tract, south 89024'05" east, 112.10 feet; thence north 61°53'24" east, 277.473 feet; thence south 00°40'43" west, 56.076 feet; thence south 47°56'32" east, 52.792 feet; thence south 03°23'04" east, 118.361 feet; thence south 07°53'20" west, 293.056 feet; thence south 01°13'38" east, 281.750 feet; thence south 00°22'27" east, 535.593 feet; thence south 36°24'43" east, 55.862 feet; thence north 88°05'08" east, 68.317 feet, more or less, to the northwest corner of Lot 1 of Tract 3784, as per map thereof recorded May 14, 1976, in the office of the Kern County Recorder in Book 26 of Maps at pages 106 and 107; thence along the westerly line of said Lot 1, south 04© 49'17" east, 134.07 feet; thence south 49°49'17" east, 44.23 feet to the point of intersection with the westerly line of Greensward Way, as shown on the map of said Tract 3784, said point also being a point on a nontangent curve, concave easterly, of radius of 90.00 feet, from which point the radial point of said curve bears south 49°49'17" east; thence southerly along said curve, through a central angle of 74 35'31", an arc distance of 117.17 feet to a point of reverse curve, concave to the southwest, of radius of 25.00 feet, from which point the radial point of said curve bears south 55°35'12" west; thence southeasterly along said curve, through a central angle of 29 35'31", an arc distance of 12.91 feet; thence south 04° 49'17" east, 59.58 feet to the beginning of a tangent curve, concave northwesterly, of radius of 20.00 feet; thence southwesterly along said curve through a central angle of 90o36'23", an arc distance of 31.63 feet to a point on the northerly line of Ming Avenue, EXCEPTING THERE- FROM any portion thereof which may lie within the right-of-way of Ashe Road. ......... o00 ......... 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 3d day of January, 1977, by the follow- ing vote: C~TY/O~ER_K a~d F~-~]O~f~cio Clerk of the Council of the (~'ty of Bakersfield APPROVED this 3d/day of January, 1977 /, MA~Y~o~/t~Ci'ty of Bakersfield APPROVED as to form: CITY ATTORNEY o~t~zty of Bakersfield R-I MING C-2-D KERN CITY GOLF COURSE R-I F- R-I AVENUE - C-I-D R-3-D FILE 2?'57 ZC TENNECO REALTY DEV. Aff a of r naa 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 .....................................J...~p_~.~.~y.......4.. ..........................................................., 19~..~...... he post~-d 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...~...n...~..a...E..~.....~..~ ..............................., 19....~.~.~, which ordinance was numbered ....... 2.~1 .............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 LAND LOCATED ON THE NORTHEAST CORNER OF MING AVENUE AND ASHE ROAD ANDMAKING FINDINGS IN CONNECTION WITH P.U.D. ZONE. Subscribed and sworn to before me this 571~ .. day of .. J~Pua.~y ........................,19..~.7..