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Home My WebLink AboutORD NO 2823ORDINANCE NO. 2823 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 THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD COMMONLY KNOWN AS 403 REAL 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 property 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 17o52.020 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 property, 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 (One Family Dwelling) Zone to P.U.D. (Planned Unit Development); 2. That GRACE POTTER, 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: a. Under Resolution No. 68-78 and Muni- cipal Code Section 16o24.124(b): 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 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 - one. Water mains are to be I.S.O. and City requirements with dead end mains no less than eight inches in size. Based upon available information fire flow requirement may be 1,500 gallons per minute. fo Provide three, three-cubic-yard refuse bins, each on an 8'x6' concrete pad at grade level. Provide a 42-foot drive approach centered on a minimum 25-foot aisle. Drive approach shall be aligned with Palm Street. Buildings having more than 3,000 square-feet above first story shall require one-hour construction throughout. Submit an on-site sewer plan. Sewer service is available in Real Road. Individual house connection shall be provided to each building. A sewer plan shall be submitted to and approved by the City. Street paving, curbs, gutters and 5.5-foot wide sidewalks are to be constructed to City standards on Real Road. A plan and profile is to be submitted to and approved by the Public Works Department. Type and location of refuse facili- ties are to be determined in con- sultation with the City Sanitation Division. An 8'x6' concrete pad shall be constructed at each bin location. Utilities shall be provided to each building in accordance with Section 16.32.070B of the Municipal Code. A preliminary soil report and an approved grading plan shall be provided prior to any grading work. A permit shall be obtained from the Public Works Department prior to any construction in the street right-of- way. A preliminary title report shall be provided. The irrigation ditch shall be shown. All second story windows shall be screened in accordance with Reso- lution No. 57-82 (Policies of the Planning Commission). o p. Redesign the off-street parking to comply with the 20 percent maximum combination of compact stalls and tandem parking of 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 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 property in said City, the boundaries of which property 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 that certain property 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 SEVEN STRUCTURES HAVING A TOTAL OF FIFTY-THREE APARTMENT UNITS: Beginning at the Southeast corner of Section 35, Township 29 South, Range 27 Thence South 89054'00" West, Thence North 00007'30" West, the True Point of Beginning; East, M.D.B.&M; 1383.7 feet; 2555.29 feet to Thence continuing North 00007'30" West, 195.00 feet; Thence South 89o52'30" West, 150.00 feet; Thence North 00007'30" West, 115.00 feet; Thence South 89052'30" West, 180.00 feet; Thence South 00007'30" East, 310.00 feet; Thence North 89052'30" East, 330.00 feet to the True Point of Beginning. o 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 and adopted by the Council of the City of Bakersfield meeting thereof held on the 2nd day of March the following vote: Ordinance was passed at a regular , 1983, by CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED this 2nd day of March , . MAYORtho City o B~ 1983 APPROVED as to form: CITY ATTORNE~'Af the Cit~of Bakersfield AJS: mro 2-10 83 ~," ,,¥O,~L~ 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 that o~ .................... : ................... , 19...8...~... 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 ~..a_..r....c....h.......~..: ........................................................., 19._~.~., which ordinance was numberect .............~..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 that certain property in the City of Bakersfield commonly known as 403 Real Road, and makin~ findings in conneciion with a P.U.D. Zone. Subscribed and sworn to before me this ............ ........................... ,