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HomeMy WebLinkAboutORD NO 2858ORDINANCE NO. 2858 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 EAST OF STINE ROAD AND SOUTH OF HARRIS 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, 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 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 MH (Mobilehome) Zone to P.U.D.; 2. That WILLIAM NORMAN, 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) Sight distance deficiencies due to structure clearances to streets may have to be mitigated with stop signs or other traffic control devices. 2) A sewer fee of $350 per acre shall be paid to the City. 3) All common areas for parking shall be improved as per Section 17.34.020(B) of the Municipal Code. 4) The landscaped common area shall have a permanent automatic irrigation system. Landscape plan shall be submitted to the Planning Department for review and approval and shall be implemented within 180 days after the first permit for Unit "E" is issued. 5) All garages shall have a 20-foot minimum front yard setback in order to provide sufficient space in front of the garages to accommodate a full size car or pickup truck without the vehicles extending beyond the curb into the street which would create a hazard to both drivers and pedestrians. 6) 7) 8) lOI 11 12 13 Lots 20 through 29 and 48 through 60 of Unit "D" on the south and east boundaries shall have minimum rear yard setbacks of 15 feet; except Lot 29 will have a 14-foot setback and Lots 59 and 60 will have 13-foot setbacks. Except as otherwise provided herein, minimum rear yards shall be five feet. Minimum front yards shall be fifteen feet except where greater setback is required in front of garages. Minimum side yards will be three feet. Fire hydrants required - four. Water mains are to be I.S.O. and City requirements with dead end mains no less than 8 inches in size. Based upon available information fire flow requirement may be 2,000 gallons per minute. Under Resolution No. 68-78 and Muni- cipal Code Section 16.24.124(b) (13): All subdividers and all persons otherwise required to furnish fire hydrants are hereby required 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 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. An on-site sewer plan shall be sub- mitted to the Building Department for approval. The abandoned sewer line shall be exposed at each lateral connection and the connections to be filled with concrete to the satisfaction of the Building Department. Drainage lines and structures shall be constructed as required to transport the drainage to the sump. 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 MH((Mobilehome) 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 MH (MOBILEHOME) ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE CONSIST- ING OF 60 DETACHED SINGLE FAMILY DWELLINGS: Tract No. 3827-Unit E, in the City of Bakers- field, County of Kern, State of California as per Map recorded July 9, 1979, Book 29, Pages 63 and 64 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. .......... oO0 .......... 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 6th day of July ~_, 19 8~ by the following vote: AYES: C©UNC]~MEN: BARTON, CHRISTENSEN, MEANS, PAYNE, .%~,.,~'"¥, ROCKOFF CITY CLERK And E~( Officio Clerk of the Council of the City of Bakersfield APPROVED this 6th day of July , A~OR of ~6e City of Bakersfield 19 83 APPROVED as to Form: ATT Bakersfield bl 5. 6/16/83 ::::::.: ::':::::: ::: :: :::?¥:! '-'~/,:~:~: ::: :~":':' ~ ~-' ...... ~ / ~ ~::.~.?:::'::::::::::::::::::::::::::::::::::::::::::::: ::~: ',::::::::::<:::::~:.: .:.:.:.:.:.:.:.:::::.:: . ~ .......~ v'~ ====================================== ;; :.; ... e ::::::::::::::::::::::::::::::::::::::::::::::::::: ~: ~ - fy~ L L A VEN~ ~ ' · .- II AffrayS! of ost ng STATE OF CALIFORNIA, f County of Kern ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oa ........................~..u....1..y.......~. ...................................................................................19...~...3._ he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the CounciI of said City at a meeting thereof duly held on .................J..~.~.y.......6. ..........................................................., 19.....~...3., which ordinance was numbere& .............28.55 .......................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF TITLE 17 OF THE HUNICIPAL CODE CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED EAST OF STINE TOAD AND SOUTH OF HARRIS ROAD, AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. ZONE. City Clerk Subscribed and sworn to before me this ?~i.l~ day of ..........'-~.U.~Y.~ . .............................., 19....~..:~..