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HomeMy WebLinkAboutORD NO 2881ORDINANCE NO. 2881 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 NORTH SIDE OF COLLEGE AVENUE, 800 FEET EAST OF FAIRFAX ROAD; 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 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-1 (One Family Dwelling) Zone and an R-2-D (Limited Multiple Family Dwelling-Architectural Design) Zone to P.U.D.; 2. That JAMES L. HOLLOWAY, 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 in any substantial will be entirely a said development, as proposed, will not result detrimental environmental impact in that it 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 of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED by City of Bakersfield as follows: documents, as following addit (1) acre as required by Section 17.52.090 The above recitals are true The Preliminary Development submitted, are approved and ions to the plan: the Council of the and correct. Plan and accompanying adopted subject to the 1) 2) 3) Landscape plan is to be submitted, approved by the Planning staff and implemented, and the underground irrigation system installed prior to final building inspection. Provide a 20-foot wide emergency access point on both the southwest and southeast corners of the project and designate the drive areas as fire lanes. Under Resolution 68-78 and Municipal Code Section 16.24.124(b) (13): All subdividers and all persons required to furnish fire hydrants are to purchase the fire hydrants, hydrant burys, necessary bury extensions, and all necessary bolts and gaskets from the City of Bakersfield and pay the total cost thereof. Twelve fire hydrants are required. 4) 5) 6) 7) 8) 9) Water mains are to be I.S.O., and City requirements with dead-end mains no less than eight inches in size. Based upon available information water flow requirement may be 2,000 gallons per minute. Pursuant to Sections 13.301c and 13.301d 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 shall have at least 20 feet of unobstructed width, and shall be graded to prevent ponding at all times. Barricades must be placed where ditches and barriers exist in roadways. Emergency vehicle access must be reliable at all times. All conditions for Tentative Tract shall be complied with prior to issuance of a building permit. #4512 All second floor windows and balco- nies within 100 yards of the sur- rounding R-1 zoned property shall be screened to prevent overlooks onto these properties. (as per Resolution #57-82) An on-site sewer and water plan shall be submitted and approved prior to issuance of a building permit. The proposed project shall meet all handicap requirements. Obtain Pacific Gas and Electric Company approval of the grading plan prior to the City approval of the plan. 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 an R-1 (one Family Dwelling) Zone and 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-1 (ONE FAMILY DWELLING) ZONE AND AN R-2-D (LIMITED MULTIPLE FAMILY DWELLING- ARCHITECTURAL DESIGN) ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE CONSISTING OF 79 DUPLEX STRUCTURES CONTAINING A TOTAL OF 158 SINGLE FAMILY DWELLING UNITS: Being all of Parcel 4 and a portion of Parcel 3 of Parcel Map No. 4921 in the City of Bakersfield, County of Kern, State of California as per Map recorded October 27, 1978, Book 21, Page 156 in the Office of the Kern County Recorder located in Section 24, Township 29 South, Range 28 East, M.D.B.&M., being more particularly described as follows: Beginning at the southeast corner of said Parcel Map No. 4921; Thence South 89041'08" West 814.14 feet; Thence North 00°07'17" East, 1,100.00 feet; Thence North 87°07'17" East, 270.00 feet; Thence North 69°06'01" East, 157.58 feet to a point on a 430-foot radius curve concave northeasterly, a radial line from said point bears North 65027'26" East; Thence continuing southeasterly along the arc of said curve through a central angle of 66013'24" a distance of 497.00 feet, to a point which intersects the easterly boundary of said Map No. 4921, said point bears South 00045'58" East from said radius; Thence South 00045'58" East, 273.00 feet; Thence South 00030'09" West, 641.00 feet to the Point of Beginning. 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. .......... 000 .......... 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 26th day of October ,, 19 8~ by the following vote: CITY CLERK add Ex, Officio Clerk of Council of the Ci'ty of Bakersfield the APPROVE/~?is 26th day of October , of the/ City of Bakersfield APPROVED as to Form: 19 83 bl 5. 10/6/83 ./":ZOO' A,',:?~ 7t-! ~ STATE OF C~J~ORNIA, ~. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakerafield; and that oa... October 2_7, ........ -, 19..~-.3._ 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 ................O....ct ob.e~r_.~..6._= ..................................., 19...8..~_, which was numberecL..........2...8...8.....1. ............................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 ON THE NORTH SIDE OF COLLEGE AVENUE, 800 FEET EAST OF FAIRFAX ROAD; AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. ZONE. City Clerk Subscribed and sworn to before me this .......... aZt. h day of ........~..,.q..t,.~.h~c. ..............................,19_..8.3. .... ._: ......... ..... '!