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HomeMy WebLinkAboutORD NO 2239ORDINANCE NO. 2239 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION ]-7.12.020 OF TITLE 17 OF T~IE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN LAND LOCATED ON TIlE SOUTHEAST CORNER OF CALIFORNIA AVENUE AND THE NORTHWESTERLY EXTENSION OF MARELLA WAY 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 Co~mnission 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 July 14, 1975, the City Council considered the following findings: 1. That the public necessity, convenience, general welfare and good zoning practice justify the change of zone from A and R-1 to P.U.D. 2. That Bakersfield First Assembly of God Church, the applicant, does intend to start construction within two and one-half (2~) years from the effective date of the zone 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 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. 7. That the proposed P.U.D. zoning with the proposed development of subject property will not have a significant effect on the environment. 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 seven 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 A and R-1 Zone to a Planned Residential Development of that certain property in the City of Bakersfield, particularly described as follows: (P.U.D.) Zone being more That portion of the northwest quarter (NW~) of Section Thirty-five (35), all in Township Twenty-nine (29) South, Range Twenty-seven (27) East, M.D.M., Kern County, California, described as follows: Beginning at the intersection of the south line of California Avenue with the northwest corner of Tract No. 3203, as per map thereof recorded December 5, 1968, in the Office of the County Recorder of said Kern County in Book 17 of Maps at pages 28 and 29; thence along the south line of said California Avenue, south 56o35'35" west, 170.000 feet; thence south 33°24'25" east, 360.000 feet; thence north 56o35'35" east 170.000 feet; thence north 33° 24'25" west 360.000 feet to the 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 14th day of July, 1975, by the following vote: CITY CLZERK and Ex(~0fticio Clerk of the Council of the CiTy of Bakersfield APPROVED this 14th day of July, 1975 VICE~o'f ~e dlYy 6% ~a~rsf]_eld APPROVED as to form: CITY ATTORNEY of ~City of Bakersfield A TO RU.D R-I R-I 'A' TO R-I-CH TO R-I -CH R-$-D R-I R-3-D R--I R-I R-I R-I R-I R-I Aff a of ]ost ng ( rh ua 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 or~ ...............................................J._u_..~.y......~...5.. ....................................................., 19.ff.~... 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 ...........................q.~.~.y.....~..z~ .............................., 19.~...5....., which ordinance was numbered ........ ~2.39. ...............New Series, and entified: 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 SOUTHEAST CORNER OF CALIFORNIA AVENUE AND THE NORTHWESTERLY EXTENSION OF MARELLA WAY AND MAKING FINDINGS IN CONNECTION WITH P.U.D. ZONE. C i t y/q~l e r k Subscribed and sworn to before me this ..2~.. day of .......