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HomeMy WebLinkAboutORD NO 2876ORDINANCE NO. 2876 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 THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD COMMONLY KNOWN AS 4032 "O" 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 property 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 CoGe, together with a plot plan, photos and maps and a statement pertaining to density, estimated population and conformance to the General Plan, and all othe~ matters as required by law, and after having considered the recommendations of the Planning Commission, together with the reasons advanced at the hearing hereinafter-described property, authorized; and makes welfare a P.U.D. for a change of zoning of the that a zoning change should be start construction within two and one-half (2-1/2) years effective date of the zoning change~ 3. That the proposeo Planned Unit Development WHEREAS, the City Council has considered and hereby the following findings: 1. That the public necessity, convenience, general and good zoning practice justify the change of zone from (Planned Unit Development) Zone to a Revised P.U.D.; 2. That ROBERT KING, the applicant, does intend to ~rom the 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 ot its overall design and density which will be in harmony with the surrounding residential neighborhood which is oi 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 oi the Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as ~ollows: A. The above ~ecitals 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~ Landscape plan shall be submitted, for review and approved by the Planning Department and shall be implemented prior to final building inspection. That portion of the walls within 15 feet of the curb, as shown in red on the plot plan, shall not exceed three ~eet in height. All drive approaches are to be 42- foot minimum top-to-top centered on the 25-foot wide drive aisles. The sight triangle on the corner of 40th Street and "O" Street shall be subject to landscape height restric- tions. The drainage basin ~or this asea has the capacity to accept the drainage from this development. The developer shall construct the north hal~ of the siphon and catch basin at 40th and "O" Streets. 10. 11. 12. 13. 14. Sewer service is available in "Q" Street. The developer shall be required to extenG the sewer line to serve each unit in the development. The developer shall submit sewer plans and profiles for approval. Provide an on-site sewer plan to the Building Department for approval. The Building Department requires a Preliminary Soil Report, an approved Grading Plan, and a Final Soils Report prior to the issuing of building permits. Water service will be required to each unit prior to the issuing of building permits. Under Resolution No. 68-78 and Municipal Code Section 16.32.070(b) (13): All subdividers and all persons required to furnish fire hydrants are to purchase the required fire hydrants, hydrant burys, necessary bury extensions and all necessary bolts and gaskets from the City of Bakersfield and pay the total cost thereof. 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. One fire hydrant is required. Water mains are to De I.S.O., and City requirements with dead end mains no less than eight inches in size. Based upon available information, fire flow requirement may be 2,500 gallons per minute. Final development plan should reflect the correct measurements between the curb and property line along both streets. In accordance with Section 15.48.010 of the Municipal CoGe, pool area shall be fenced. The project shall meet all handicap requirements as per State Code. Provide a dwelling unit identifica- tion sign as per City Ordinance. 15. 16. 17. 18. 20. 21. 22. 23. Structures with excess of 3,000 square feet above the first story shall have one-hour 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. The developer is required to install one, 5,800 lumen H.P. Sodium Vapor street light to be located as shown on the map. The developer shall pay all costs in providing street lights, including poles, conduits, wires, and luminaires. Easements for public utilities, if any, shall be determined by the developer in consultation with the public utilities. Sewer fee of $640 per multiple dwelling unit to be paid prior to connection. The developer shall pay all costs for furnishing all traffic control signs and sign posts which are necessary for the present or future traffic control signing needs in or adjacent to the subdivision. The developer shall pay for installing two standard size street name signs to be located as shown on the map. Street paving (at least 32 feet wide), curbs, gutters and 5.5-foot wide sidewalks to be constructed to City Standards on both streets. Wheelchair ramps will be required on all street and alley curb returns, unless otherwise directed by the City Engineer. The type and location of refuse facilities are to De determined in consultation with the City Sanitation Division. A 6' X 8' concrete pad shall be constructed at each bin location. Gas, electrical, telephone and cable TV service shall be provided to each unit as per Section 16.32.070(b) (6) of the Municipal Code of the City Of Bakersfield. o 24. Final working drawings of project shall be submitted to the Planning Commission for review and approval within 18 months after Zone Change is approved by the City Council, and prio~ to issuance of building permits or construction. 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 identitying 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 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 Doundaries ~rom a P.U.D. (Planned Unit Development) Zone to a Revised Planned Unit Development (P.U.D.) Zone of that certain property in the City ot Bakersfield, being more particularly described as follows: FROM A P.U.D. (PLANNED UNIT DEVELOPENT) ZONE TO A REVISED P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE, CONSISTING OF 43 TWO- BEDROOM TOWNHOUSE UNITS, ONE, ONE-BEDROOM HANDICAPPED UNIT AND A RECREATION AREA WITH SWIMMING POOL: Lot 3, Block 668 of the Map of the City Of Bakersfield, in the City Of Bakersfield, County of Kern, State of California as per Map recorded November 25, 1898, Book 1, Pages 13 and 14 in the office of the County Recorder. 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 toregoing and adopted by the Council of the City of Bakersfield meeting thereof held on the 28th day of September the following vote: Ordinance was passed at a regular , 1983, by , '~:: £OUNCILMEN: · ~1 F ¥x-- ~ CITY CLERK a~%d Ex/Officio Clerk 'of the Council of the City of Bakersfield APPROVED this 28th day of September , /' ~ .- -~ ..... MAY?.~/~f the City of Bakersfield APPROVED as to Form: CITY ATTOP~EY of the/City of Bakersfield AJS/bl 6. 9/1/83 l"-' 200' iVO i~ T H L~w~ ~lptt! Afft at t of Iosttng ®r tnat es STATE OF CALIFORNIA, } County of Kern ss. PHILIP KELMAR, being duly sworn, delx~es and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oa ..............0.~.~.~.~.~..r.._..~.., ..............................................................................19..~.].... 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 ..................S~.~L.amb.~.r.....~_5. ...................................19..~_3..., which ordinance was numberec[ .............~.~Z..~ .....................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 zonin~ of that certain property in the City of Bakersfield commonly known as 4032 "0" Street and making findings in connection with a P.U.D. Zone. · City/Clerk Subscribed and sworn to before me this