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