Loading...
HomeMy WebLinkAboutORD NO 2824ORDINANCE NO. 2824 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 AT THE SOUTHEAST CORNER OF EL PORTAL DRIVE AND MING AVENUE, 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 R-1 to P.U.D.; 2. That TENNECO REALTY DEVELOPMENT 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 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 additionss to the plan: a. Landscape plan be submitted for review and approval by the Planning Department and shall be implemented with its irrigation system prior to final building inspection. b. 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. Fire hydrants required - 7. 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. j o Under Resolution No. 68-78 and Municipal 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. The type and location of refuse facilities are to be determined in consultation with the City Sani- tation Division. Gates at each entrance shall be 90 feet from flow line of E1 Portal Drive or as determined by the Traffic Engineer. Area in sight line shall be clear of any obstructions (walls, etc., large landscaping) use of landscaping trees shall be such that no restric- tion on intervisibility of vehicles is apparent. Ground landscaping shall not exceed three feet in height above flow line, subject to approval by Traffic Engineer. The project shall incorporate design by an acoustical engineer to mitigate the noise level generated by the Ming Avenue traffic. Certification of this design is essential and is required prior to issuing of building permits. The complex is to meet all handicap requirements of the building code. Dwelling unit location identifica- tion sign shall be provided per Ordinance No. 2682. Construct minimum 5.5-foot wide sidewalk on Ming Avenue and on E1 Portal Drive. Submit grading and drainage plans for approval by Public Works and Building Departments with verifi- cation that change in run-off will not adversely affect existing drainage sites and structures. o Thence along the centerline of Ming Avenue as shown on said map South 61°09'12" East 65.00 feet; Thence South 28050'48" West 55.00 feet to the southerly line of Ming Avenue and the True Point of Beginning; Thence along said southerly line of Ming Avenue South 61°09'12" East 849.82 feet; Thence South 28050'48" West 890.20 feet to the northwest corner of Tract 4289 in the City of Bakersfield, County of Kern, State of California as per Map recorded August 17, 1981, Book 31, Pages 74, 75 and 76 in the Office of the County Recorder; Thence North 75°49'04" West 686.19 feet along the North line of Tract 4289 to a point on the easterly line of E1 Portal Drive as shown on said map; Thence North 00006'02" West 179.06 feet to the beginning of a curve concave to the East having a radius of 955.00 feet; Thence northerly 482.49 feet along said curve through a central angle of 28°56'50"; Thence North 28o50'48" East 425.00 feet to the beginning of a curve concave to the southeast having a radius of 20.00 feet; Thence northerly and easterly 31.42 feet along said curve through a central angle of 90000'00" to the True Point of Beginning. Containing 18.923 acres more or less. 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 .......... AJS: mro 2-10-83 Sewer service is available in Ming Avenue and in E1 Portal Drive. Sewer plans shall be submitted and approved by the City Engineer. Sewer will be privately maintained unless the City will have road access to the line. Gates shall conform to City standards. me All structures adjacent to the East property line shall be limited to one story. 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 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 TO A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE CONSISTING OF 84, ONE AND TWO STORY APARTMENT UNITS WITH RECREATION BUILDING AND POOL: That portion of the North Half of Section 9, Township 30 South, Range 27 East, M.D.B.&M. in the City of Bakersfield, County of Kern, State of California, described as follows: Beginning at the intersection of the center- lines of Ming Avenue and E1 Portal Drive as shown on Tract 4029, in the City of Bakers- field, County of Kern, State of California as per Map recorded January 30, 1979, Book 28, Pages 150, 151 and 152 in the Office of the County Recorder; 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 2nd day of March , 1983, by the following vote: COUNCILMEN: CITY CLERK and Ex 'Officio Clerk of the Council of the City of Bakersfield APPROT~this 2nd day of March ~/~~ t h~i t~o f~B a~ i e 1 d , 1983 APPROVED as to form: CIT~' ATTORN~i~ of the Cit~/'of Bakersfield AJS:mro 2=10-83 6. " Zone C,~po A'-I to Dd.~ / [~nneco Aff av of ost ng ( r uan es STATE OF CALIFORNIA, t 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 _ March 8 , 19...8....3..... he posted on the Bulletin Board that o~L ...............................: ............................................................................................, 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 March 2, 19....~..3. which ordinance was numbered_ .................2.~.~.~ ....................New Series, and entitled: An Ordinance of the Counci~ of the City of Bakersfield amending Section 17.06.020 of Title 17 of the ~unicipal Code changing the Land Use Zoning of those certain properties in the City of Bakersfield located at the southeast corner of E1 Portal Drive and Ming Avenue, and making findings in connection with a P.U.D. Zone. // Ci/fy Clerk Subscribed and sworn to before me this .~ t~h .......d~ o~ .......~z.f~.~. ...............................~....~..~..