HomeMy WebLinkAboutORD NO 2838ORDINANCE NO. 2838
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.06.020 OF
TITLE 17 OF THE M[]NICIPAL CODE CHANGING THE
LAND USE ZONING OF THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF
HARRIS ROAD AND EAST OF STINE 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
on a petition to change the land use
hereinafter described; and
WHEREAS, the City Council has determined,
has held a public hearing
zoning on the properties
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
an MH (Mobilehome) Zone
2. That BILL
practice justify the change of zone
to P.U.D.;
M. NORMAN, the applicant,
from
start construction within two and one-half (2-1/2)
effective date of the zoning change;
3. That the proposed Planned
conforms to the General Plan;
does intend to
years from the
Unit Development substantially
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
armonious, 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:
a)
Sight distance deficiencies due to
structure clearances to streets may
have to be mitigated with stop signs
other traffic control devices.
or
b) A sewer fee of $350 per acre shall be
paid to the City.
c)
All common areas for parking shall be
improved as per Section 17.34.020(B) of
the Municipal Code.
d)
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 "D" is issued.
e)
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 be ond the curb into the
street which would create a hazard to
both drivers and pedestrians.
f)
Lots 14 through 18 and 42 through 50 of
Unit "D" on the southerly and westerly
boundaries shall have minimum rear yard
setbacks of 15 feet.
e
g)
h)
i)
k)
1)
m)
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 shall be three feet.
Fire hydrants required three.
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 Bakers-
field 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.
Additional maintained and clearly
designated access to the central open
space area shall be provided by walk
ways, at least three feet in width
across Lots 21 and 38.
C. The six (6) findings as stated above are hereby
adopted, including specifically a negative declaration of environ-
mental 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.
e
F. Section 17.06.020 of the Municipal Code of the City
of Bakersfield be and the same is hereby mended 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 Dart hereof, as follows:
MH Zone to a Planned Unit
certain properties in
changing the zoning boundaries from a
Development (P.U.D.) Zone of those
the City of Bakersfield, being more particularly
described as follows:
FROM AN MH (MOBILEHOME) ZONE TO A P.U.D.
(PLANNED UNIT DEVELOPMENT) ZONE CONSISTING
OF 58 DETACHED SINGLE FAMILY DWELLINGS:
Unit D of Tract 3827 in the City of Bakers-
field, County of Kern, State of California
as per Map recorded July 9, 1979, Book 29,
Pages 61 and 62 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 foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 13th day of ADril , 1983, by
the following vote:
AYES: COUNCILMEN: BAllON, CHRISTENSfN~ MEAF~S, PAYNE, RATTY, ROCKOFF,
CITY CLERK and Ex ~fficio Clerk of
Council of the City of Bakersfield
the
APPROVED this 13th day of April , 1983
~~ o f/t h'e~C x ty of
APPROVED as to Form:
~~ h~e ~: Bakersfield
CITY ATTQ~NEY of t C' y of
AJS/bl 5.
3-25-83
l'~ZO0'
1~SKTN
Inc.
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Gl ENGARY
ffi atrtt nf Innlin I ri taattr a
STATE OF CALIFORNIA, }
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 on .....................A..p....r....i._.l........l_.4.. .............................................................................., 19._.8....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 ........~l~.r...j;...1.__.l....3.. .............................................................., 19..~.~...., which ordinance
was numbered. .............2.8.3.8 .......................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 SOUTH OF
HARRIS ROAD AND EAST OF STINE ROAD, AND
MAKING FINDINGS tN CONNECTION WITH A P.U.D.
ZONE.
Subscribed and sworn to before me this
.... 1.4.t.h.. day of .............Apr. il ..............................,198.3 _
...........