HomeMy WebLinkAboutORD NO 2896ORDINANCE NO. 2896
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 ON THE
SOUTHEAST CORNER OF 40TH AND "Q" STREETS~
AND MAKING FINDINGS IN CONNECTION WITH A
P.U.D. ZONE.
consideration of
Development Plan
17.52.020 of the
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
said application consisting of a Preliminary
indicating the matters required by Section
Municipal
and a statement pertaining
conformance to the General
Code, together with a plot plan, map
to density, estimated population and
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 be authorized; and
WHEREAS, the City Council has considered and hereby
makes the following findings:
1. That the public necessity, convenience, general
welfare and good zoning practice justify the change of zone from
an R-2-D (Limited Multiple Family Dwelling-Architectural Design)
Zone to a P.U.D. (Planned Unit Development) Zone;
2. That OWEN J. SULLIVAN, the applicant, does 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 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:
1) Fire hydrants required - one.
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 may be 2,500
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 necessary
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.
2)
3)
4)
5)
6)
7)
9)
10)
11)
12)
13)
14)
15)
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.
Dwelling unit location identifica-
tion is to be provided to the satis-
faction of the Building Director.
Buildings with floor area over 3,000
square feet above the first story
are required to be of one-hour
construction throughout.
Meet all handicap requirements as
per state code.
Provide an on-site sewer plan.
Bodies of water 18 inches or more in
depth are to be fenced.
Provide three copies of the grading
plan to the Public Works Department
for approval.
Construct wheelchair ramps on all
curb returns.
Reconstruct substandard curb, gutter
and sidewalk as directed by the City
Engineer.
Provide common use and maintenance
agreement for existing driveway on
the southwest corner.
A sewer connection fee shall be paid
prior to issuance of a building
permit and will be based on the
current adopted charges at the time
of issuance of' the building permit.
Dedicate additional right-of-way at
the return to accommodate the wheel-
chair ramp as necessary.
Both the landscape and irrigation
plans shall be submitted for review
and approval by the Planning Depart-
ment. The irrigation system shall
be installed and the landscape plan
implemented prior to final building
inspection.
The drive approach on 40th Street
shall be a minimum width of 42 feet.
16)
17)
18)
The four two-story structures in the
project shall contain sixty apartments.
Centrally located laundry and recreational
facilities, including a swimming pool,
shall be provided.
One vehicle access point each to 40th
Street and "Q" Street shall be provided
in accordance with City Public Works
Department requirements.
C. The six (6) findings as stated above are hereby
adopted, including specifically a neqative 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
an R-2-D (Limited Multiple Family Dwelling-Architectural Design)
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-2-D (LIMITED MULTIPLE FAMILY
DWELLING-ARCHITECTURAL DESIGN) ZONE TO A
P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE
CONSISTING OF 60 APARTMENT UNITS LOCATED
IN FOUR, TWO-STORY STRUCTURES WITH COMMON
RECREATIONAL FACILITIES:
Lot 2 of Block 663 of the Northern Division
of the Town of Bakersfield, as shown on the
map thereof filed April 19, 1904 in the
Office of the County Recorder of said County
of Kern, State of California together with
the southerly 11.25 feet of vacated "40th"
Street.
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 the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 1st day of February , 19.8__4, by
the following vote:
ASSISTANT CITY CLERK and Ex Officio
Clerk of the Council of the City of
Bakersfield
~MA~10~ e C~~'i v/off'Baker s~
APPROVED as to form:
CIT? ATTORN~Fof the ~ty of Bakersfield
AJS/bl 5.
WEST
COLUMBUS
ST
C,,,'O
40th
ST
/
,0
38th
ST.
'1
ZOO'
o70 ~o~
Aff av ! of os ng ®r uan es
STATE OF CALIFORNIA, }
County of Kern ss.
PHILIP EELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on ...............................P....e....b...E.u-..a..~E~_..?.. ..............................................................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 ......... .~.~...b....r..U...a....r..y.....~ ................................................, 19~....~ ......which ordinance
was numbered ..........~.~.~ ...................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 BAKERSFZELD LOCATED ON THE
SOUTHEAST CORNER OF 40TH AND "Q" STREETS,
AND MAKING FINDINGS IN CONNECTION WITH A
P.U.D. ZONE.
City Clerk
Subscribed and sworn to before me this
?:od. d/ay~ of ..........~.~!i~.~.!iX......~:.~......., 19~.~ .....
....................... ,,: ..........;--...: ..,....+_..~..~ ....~,.. _..-:...: ..............~ ........
Ho~ Public in nnd for the ~ty of Kern, S~ of Califor~
DAWN E. REEDY