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.
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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.
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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.
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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.
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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
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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
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