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HomeMy WebLinkAboutORD NO 2288 ORDINANCE NO. 2288 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 COMMONIX KNOWN AS 4601 HARRIS 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 con- formance 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 August 9, 1976, 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 MH toP.U.D. 2. That Jim and Pete Harrington, the applicants, do 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 neighborhood 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. of NOW, THEREFORE, BE IT ORDAINED by the Council of the City 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 MH Zone to a Planned Residential Development (P.U.D.) Zone of that certain property in the City of Bakersfield, being more particularly described as follows: That portion of the North 1/2 of the Southwest 1/4 of Section 23, Township 30 South, Range 27 East, M.D.B.M., in the City of Bakersfield, County of Kern, State of California, according to the Official Plat thereof on file in the office of the Surveyor General described as follows: Commencing at the northwest corner of the south- west 1/4 of said Section 23, Thence (1) south 89°41'46" east along the north line of said southwest 1/4, a distance of 285.00 feet; thence (2) south 00°01'18" west, a distance of 45 feet, to the true point of beginning; thence (3) south 89o41'46" east, parallel with said north line of the southwest 1/4, a dzstance of 1294.002 feet; thence (4) south 00°01'18" west, a distance .of 1040.00 feet, thence (5) south 89o41'46" east, a distance of 250.70 feet to a point in the west line of Tract No. 3314 per Map Book 18, Page 197; thence (6) south 00°01'18" west, along last-named line a distance of 237.82 feet to a point in the south line of the north 1/2 of the southwest 1/4 of said Section 23; thence (7) north 89°43'10" west along last-named line, a distance of 1259.70 feet, more or less, to the southeast corner .of that certain parcel of land excepted in deed from Amerigo Sandrini and Mary Sandrini, husband and wife, recorded February 2, 1970 in Book 4363, Pa~e 200 of Official Records; thence (8) north 00 01'18" east, along the east line of said parcel so excepted a distance of 528.329 feet; thence (9) North 89o41'46" west, along the north line of said parcel so excepted a distance of 515.00 feet to a point that is 55.00 feet east of the west line of said southwest 1/4; thence (10) north 00°01'18" east, parallel with last-named line, a distance of 520.001 feet; thence (11) south 89°41'46" east, a distance of 230.00 feet; thence (12) north 00°01'18" east, a distance of 230.00 feet to the true point of beginning. .......... 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 9th day of August, 1976, by the follow- ing vote: Council of the Ci~of Bakers~ze~a APPROVED as to form: ~t~' of Bakersfield CITY ATTORNEY of MARGALO AVENUE HARRIS C-I-D A county A ,, ,cpun.ty_ city CO .J A 'MARGALO AVE. E-2-RS ROAD RENE~ AVE. E-I-RS ,,~ o N 400' FILE 2680 ZC JIM ~ PETE HARRINGTON 4~01 HARRIS ROAD Z,C, MH- TO PUD A, ffiilautt of osling ( ri inan es STATE OF CALIFORNIA, t County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and quaiified City Clerk of the City of Bakersfield; and that on .................................A..~g.tl~..t.._.l..Q ............................................................, 19..7.6..... 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 ........................A...llt~.!!~..~_....~. ................................., 19....7.-~.., which ordinance was numbered_ ..........2.288 ..................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 COMMONLY KNOWN AS 4601 HARRIS ROAD AND MAKING FINDINGS IN CONNECTION WITH P.U.D. ZONE. · ' City ~Jlerk Subscribed and sworn to before me this lQ.~.l~ .... day of ..../~.t!.g~!._s~ ...................19.'~.~