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HomeMy WebLinkAboutORD NO 2901ORDINANCE NO. 2901 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF TITLE 17 OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF PANAMA LANE AND WEST OF SOUTH "H" STREET: AND MAKING FINDINGS IN CONNECTION WITH A 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 has held a public hearing on a petition to change the land use zoning on the properties hereinafter described; and WHEREAS, the City Council has determined, after due consideration of said application consisting of a Preliminary Development Plan indicating the matters required by Section 17.52.020 of the Municipal Code, together with a plot plan, map and a statement pertaining to density, estimated population and conformance 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 hearing for a change of zoning of the hereinafter-described properties, that a zoning change should WHEREAS, the City Council has makes the following findings: 1. That the public necessity, be authorized; and considered and hereby convenience, general welfare and good zoning practice justify the change of zone from an R-1 (One Family Dwelling) Zone and an R-2 (Limited Multiple Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone; 2. does intend That MAGNA DEVELOPMENT CORPORATION, the applicant, 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 said development, as proposed, will not result in any substantial detrimental environmental impact in that it will be entirely a residential area, desirable and stable because of its overall design and density which will be in harmony with the surrounding residential neighborhood which is of similar design and density, and that the foregoing facts warrant a negative declaration of environmental impact. 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 (1) acre as required by Section 17.52.090 of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: A. The above recitals are true and correct. B. The Preliminary Development Plan and accompanying documents, as submitted, are approved and adopted subject to the following additions to the plan: Phase 1 1) 2) 3) 4) The landscape plan, irrigation plan, and wall design along Panama Lane and South "H" Street shall be submitted for review and approval by the Planning Commission at the time the final development plans are approved. The irrigation system and walls shall be installed, and the landscape plan implemented prior to final building inspection. Provide a six-foot high masonry wall along the property lines adjacent to the P.G.&E. substation. The final development plan shall be submitted for approval to the Planning Commission within 18 months from the effective date of this zone change. Fire hydrants required - six. Water mains are to be I.S.O. and City requirements with dead end mains no less than 8" in size. Based upon available information fire flow reguirement shall be 1,500 gallons per minute. Under Resolution No. 68-78 and Municipal Code Sections 16.32.070(A) and 16.32.070(B): All subdividers and all persons otherwise required to furnish fire hydrants, are hereby required to purchase the required fire hydrants, hydrant burys, neces- sary bury extensions and all neces- sary bolts and gaskets, from the City of Bakersfield and install all hydrants no more than 6" above permanent line and grade and pay the total cost thereof. Pursuant to Sections 10.301c and 10.301d of the Uniform Fire Code, water mains and fire hydrants to be installed by developer shall be completed, tested and accepted prior to building construction. 5) All streets and access roads to and around any building under construc- tion must be at least 20 feet of unobstructed width and graded to prevent ponding at all times. Barricades must be placed where ditches and barriers exist in road- ways. Emergency vehicle access must be reliable at all times. 6) Provide three sets of grading plans and soils report to be approved by the Public Works and Building Depart- ment prior to any grading work and prior to issuance of building permit. 7) One-hour rated fire wall when structures are less feet from property line. is required than three 8) Provide 60'x60' sight cut-off on corners as required by ordinance. 9) Comply with all conditions of Tenta- tive Tract 4691 prior to issuance of a building permit. Phase 2 l) The landscape plan, irrigation plan, and wall design along South "H" Street shall be submitted for review and approval by the Planning Commis- sion at the time the final develop- ment plans are approved. The irriga- tion system and wall shall be installed, and the landscape plan implemented prior to final building inspection. 2) The final development plan shall be submitted for approval to the 3) 4) 5) 6) 7) 8) 9) Planning Commission within 18 months from the effective date of this zone change. Fire hydrants required - six. Water mains are to be I.S.O. and City requirements with dead end mains no less than 8" in size. Based upon available information fire flow requirement shall be 1,500 gallons per minute. Under Resolution No. 68-78 and Municipal Code Sections 16.32.070(A) and 16.32.070(B): All subdividers and all persons otherwise required to furnish fire hydrants, are hereby required to purchase the required fire hydrants, hydrant burys, neces- sary bury extensions and all neces- sary bolts and gaskets, from the City of Bakersfield and install all hydrants no more than 6" above permanent line and grade and pay the total cost thereof. Pursuant to Sections 10.301c and 10.301d of the Uniform Fire Code, water mains and fire hydrants to be installed by developer shall be completed, tested and accepted prior to building construction. All streets and access roads to and around any building under construc- tion must be at least 20 feet of unobstructed width and graded to prevent ponding at all times. Barricades must be placed where ditches and barriers exist in road- ways. Emergency vehicle access must be reliable at all times. Drainage shall be retained on-site. Grading and drainage plan with soils report to be approved by the Public Works Department and Building Depart- ment prior to recordation of any map or issuance of any building permit. Provide 60'x60' sight cut-off on corners as required by ordinance. Construct standard curb, gutter, sidewalk and street paving on all streets. Construct standard wheelchair ramps on all curb returns. Curb returns on South "H" Street shall have 30-foot radii. 10) 11) 12) 13 14 15 16) 17) Dedication of additional right-of- way on South "H" Street shall be accepted prior to issuance of a building permit. Construct a minimum six-foot high chainlink fence along the canal right-of-way. Provide engineered improvement plans (sewer, street, wall landscaping, irrigation) to be approved prior to issuance of any permit. Construct minimum 5.5-foot wide sidewalk on South "H" Street. Area between sidewalk and wall on South "H" Street shall be landscaped and maintained by the developer or association. C.C.&R.'s and Homeowner's Assoc. bylaws to be approved prior to issuance of any permit. Install 9500 lumen HPSV street light as shown on the plan all expenses to be borne by the developer including street light pole, conduits, wires and luminaires. Provide three sets of grading plans and soils report to be approved by the Public Works and Building Depart- ment prior to any grading work and prior to issuance of building permit. 18) One-hour rated fire ~all is required when structures are less than three feet from property line. C. The six (6) findings as stated above are hereby adopted, including specifically a negative declaration of environmental impact in accordance with finding 4 above. D. The Preliminary Development Plan is incorporated into this Zoning Ordinance by reference as fully as though set forth herein. E. The Zoning Map is hereby ordered changed by identifying the area hereinafter described with the map symbol P.U.D. F. Section 17.06.020 of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of certain properties in said City, the boundaries of which properties are shown on the map hereto attached and made a part hereof, as follows: changing the zoning boundaries from a R-1 (One Family Dwelling) Zone and an R-2 (Limited Multiple Family Dwelling) Zone to a Planned Unit Development (P.U.D.) Zone of those certain properties in the City of Bakersfield, being more particularly described as follows: FROM AN R-1 (ONE FAMILY DWELLING) ZONE AND AN R-2 (LIMITED MULTIPLE FAMILY DWEL- LING) ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE CONSISTING OF 227 SINGLE FAMILY DWELLINGS WITH A ZERO SIDE YARD SETBACK ON ONE SIDE: PARCEL 1: Lot 1 in Section 25, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California as per Kern County Land Company Sales Map No. 1 of Lands of J. B. Haggin filed May 3, 1889, Book "M", Pages 5, 6 and 7 in the Office of the County Recorder of said County. EXCEPT the East 208.71 feet of the North 208.71 feet thereof. PARCEL 2: Lot 2 in Section 25, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California as per Kern County Land Company Sales Map No. 1 of Lands of J. B. Haggin filed May 3, 1889, Book "M", Pages 5, 6 and 7 in the Office of the County Recorder of said County. EXCEPTING THEREFROM all that portion of said land lying within the Arvin-Edison Intake Canal, designated Parcel #lc-2K by Final Order of Condemnation in favor of the Arvin Edison Water Storage District, recorded May 15, 1966, in Book 3972 Page 196, of Official Records. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that and adopted by the Council of the City of meeting thereof held on the 15th day of the following vote: the foregoing Ordinance was passed Bakersfield at a regular February , 19 84 by LERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED,this 15th day of February , the City of Bakersfield 1984 APPROVED as to form: CI~rY ATT~NE? of th[ City of Bakersfield AJS/bl 7. I [-- q :::::::::::::::::::::::::::::::::: C- ..:: ::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: NO~' TH ' ,' ZONE CHANGE #4058 R-1 & R-2 to P.U.D. Magna Development Corp. Af av of r nan es I STATE OF CALIFORNIA, f County of Kern ss. MARGUERITE ANDERSON, being duly sworn, del~oses and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ................................. ..F._.e...l~..r_~_a...r..¥_._.l.....6.. ................................................... , 19..8...~.... 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 ........................~..e..~.?....u...~?.~........1..~. ................................., 19....5._.~.., which ordinance was numbere~ ............~.~.QJ.. ......................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CiTY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF TITLE 17 OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES iN THE CITY OF BAKERSFIELD LOCATED SOUTH OF PANAMA LANE AND WEST OF SOUTH "H" STREET: AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. ZONE. City Clerk Subscribed and sworn to before me this ~.O7~h _. day of ... F--e.]~.~J4..a..~.~ ............................. 19....~. . NOTARY PUBLIC . CALIFORNIA · t, ,'"'~. KERN COUNTY