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HomeMy WebLinkAboutORD NO 2869ORDINANCE NO. 2869 ..... 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 AND SOUTH SIDES OF BEECHWOOD STREET, 130 FEET WEST OF STARWOOD LANE, 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, photos and maps 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 zonin9 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 (Limited Multiple Family Dwelling) Zone to P.U.D.; 2. That U.S. HOME CORPORATION, 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 oil 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 oi environmental impact. 5. That the development, as proposed, constitutes a harmonious, integrated plan and 3ustifies 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 o£ 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 sub3ect to the following additions to the plan: PHASE I l) 2) 3) 4) 5) 6) A subdivision map shall be filed with the Kern County Recorder prior to the issuance of any building permits. Drive approach on Beechwood Street shall be 42 feet top-to-top centered on the 24-foot drive aisle. Back-up space to be provided on dead-end parking aisles as shown red on plot plan. Eliminate parking space in order to accommodate turning radius require- ments of fire and trash trucks. Clear sight areas are to be kept clear of obstructions to the line of sight at intersections as determined by the Traffic Engineer. Vehicular access to Beechwood Street shall be restricted to only the private street and private drive shown on plot plan. 2 o 7) 8) 9) 10 11 12 Submit utility plans and design to the Building Department for approval prior to the final development plans. All streets and access roads to and around any building under construc- tion must be at least 2~ feet of unobstructed width and 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. 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. Under Resolution No. 68-78 and Muni- cipal Code Sections 16.32.070(A) and 16.32.070(B) (13): 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. Fire hydrants required - seven. 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 2,000 gallons per minute. On the large single family lots a ten-foot wide non-buildable easement shall be provided on all adjacent lots next to the buildings with a zero side yard setback, and said easement'shall be shown on the final subdivision map. Provide 10, three-cubic-yard trash bins each on a 6'xS'x4" concrete pad at grade level. The bin locations are to be approved by the Sanitation Division of the Public Works Department. Landscape plan shall be submitted for review and approval by the Planning Department, and shall be implemented prior to final building inspection. PHASE II 5 7) 8) 9) lO) 11) A subdivision map shall be filed with the Kern County Recorder prior to the issuance of any building permits. Back-up space to be provided on dead-end parking aisles as shown red on plot plan. Cul-de-sac shall have a 42-foot radius as per City standards. Drive approach on Beechwood Street shall be 42 feet top-to-top centered on the 24-~oot drive aisle. The maximum angle of 15 degrees from normal at street intersection. The lot in the southeast corner shall have no drive approach on Beechwood Street. Clear sight areas are to be kept clear of obstructions to the line of sight at intersections as determined by Traffic Engineer. Align private street with Starwood Lane. Submit utility plans and design to the Building Department for approval prior to the final development plan. All streets and access roads to and around any building under construc- tion must De 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. 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. Under Resolution NO. 68-78 and Muni- cipal Code Sections 16.32.070 (A) and 16.32.070 (B) (13): 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. 12) 13) 14) 15) 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 may be 2,000 gallons per minute. On the large single family lots a ten-foot wide non-buildable easement shall be provided on all adoacent lots next to the buildings with a zero side yard setback, and said easement shall be shown on the final subdivision map. Provide 10, three-cubic-yard trash bins each on 6'xS'x4" concrete pads at grade level. The bin locations are to be approved by the Sanitation Division Of the Public Works Depart- ment. Landscape plan shall. be submitted for review and approval by the Planning Department; and shall be implemented prior to final building inspection. Provide the required parking as per the Parking Ordinance. 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 Dy 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 amendeG 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-2 (Limited Multiple Family Dwelling) Zone to a Planned Unit Development (P.U.D.) Zone of those certain properties in the City of ~akersfiel~, being more particularly described as follows: FROM AN R-2 (LIMITED MULTIPLE FAMILY DWEL- LING) ZONE TO A_~L~.__.D~_J~__A~E__D UN__I%~- MENT) ZONE CONSISTING OF 50 LOW DENSITY DETACHED GARDEN UNITS, 133 MEDIUM DENSITY TOWNHOUSES, 118 HIGH DENSITY CONDOMINIUMS3 A RECREATION BUILDING AND SWIMMING POOL: Beginning at the Northwest corner of Lot 10 of Tract Map 4218 in the City of Bakers- field, County of Kern, State of California, as per Map recorded February 29, 1980, Book 29, Pages 193 through 195 in the Office of the County Recorder in the County of Kern; Thence South 00o35'45" West Thence South 00o45'38" East Thence South 08°32'13" East Thence South 00°34'30" West Thence North 89o25'30" West Thence South 00°34'30" West Thence North 89o36'04" West Thence North 83o12'56" West Thence North 89°25'30" West Thence North 10046'33" West Thence North 28°22'03" West Thence North 45057'47" West Thence North 00o12'04" East Thence South 89°25'30" West Thence North 00o12'04" East Thence South 89°24'15" East the Point ot Beginning. 554.11 feet; 80.06 feet; 171.25 ~eet; 30.00 feet; 305.00 feet; 749.93 feet; 120.00 feet; 85.06 feet; 230.00 feet; 7.49 feet; 60.45 feet; 93.17 feet; 587.35 ~eet; 295.00 feet; 863.45 feet; 523.58 feet to Containing 18.80+ Acres. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and a~ter the date o~ its passage. .......... 000 .......... I HEREBY CERTIFY that the and adopted by the Council of the meeting thereof held on the the following vote: foregoing Ordinance was passed City of Bakersfield at a regular day of _ Au~usf ...... , 1~3 , by CITf E~-K ~n~-~'x/~E{cio Cler~k of the Council of the City of Bakersfield APPROVED this 24 day of __A_u_~s_~ ..... , 19 83 / the City of Bakersfield APPROVED as to Eorm: CITY ATTORNB~f of the C~ty of Bakersfield AJS/bl 7. 7/29/83 S TR~ T ~r~mm~/ PAP, CEL M. AP Afft at t! of osttng ( r tnam:es STATE OF CALIFORNIAI ss. County of Kern MARGUERITE ANDERSON, Being duly sworn, desposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on August 23 , 19 84 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Couucil of said City at a meeting thereof duly held on August 24 , 19 83 , which ordinance was numbered 2869 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 AND SOUTH SIDES OF BEECHWOOD STREET, 130 FEET WEST OF STARWOOD LANE, AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. ZONE This Ordinance was RE-POSTED on August 23, 1984 because original affidavit was lost. · / City Cqerk Subscribed and sworn to before me this 'j .~ NOTARY PJJB~LIC- CAL*FORNIA ,I MY COMMISSION EXPIRES JUNE 14, 1986