HomeMy WebLinkAboutORD NO 2779ORDINANCE NO. 2779
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
6800 STOCKDALE HIGHWAY, 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
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 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
a P.U.D. to a revised P.U.D.;
2. That AL F. MAYO, 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. All conditions of Tentative Tract 4503
shall be complied with prior to issuance
of building permit.
2. Security gates are to conform with City
standards for private street gates.
3. Name for private street shall be accepted
by the City prior to recordation of final
map.
4. Five fire hydrants are required.
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 2,000 gallons per
minute.
Under Resolution No. 68-78 and Municipal
Code Section 16.32.070(b) (13): All
subdividers and all persons required to
furnish fire hydrants are to purchase 'the
fire hydrants, hydrant burys, necessary
bury extensions, and all necessary bolts
and gaskets from the City of Bakersfield
and pay the total cost thereof.
-2-
o
11.
12.
13
14.
15
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.
All construction to comply with Uniform
Fire Code, fire flow water requirements,
ordinances and codes required by the City
of Bakersfield. Inquiries to be made
prior to starting construction.
One unit for the handicapped with access
to all facilities with appropriate parking
shall be provided.
All second story windows overlooking the
adjacent properties on the North and East
sides shall be architecturally screened.
Design of screening shall be reviewed and
approved by the Building and Planning
Directors prior to issuance of a building
permit.
Construct a six-foot high masonry wall and
plant evergreen trees around perimeter of
project.
Perimeter wall shall be installed prior to
obtaining building permits.
All outdoor lighting shall be designed to
not shine on the adjacent properties on
the North and East sides.
Signage shall have Planning Commission
approval prior to issuance of a sign
permit.
Swimming pool shall be enclosed as per
Municipal Code.
A program for maintenance of landscaping,
roads, recreation and other common area,
shall be incorporated into the final
development plan.
The Final Development Plan shall be
submitted for approval to the Planning
Commission within 18 months from the
effective date of this zone change.
Design of wall along Stockdale Highway and
landscaping between wall and sidewalk
shall be approved by the Planning Commission.
Two cubic-foot refuse bins are to be
located as shown in RED on plot plan. A
6'xS'x4" concrete Dad at grade level shall
be constructed at each bin location.
-3-
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 a
Planned Unit Development (P.U.D.) Zone to a revised Planned Unit
Development (P.U.D.) Zone of that certain property in the City of
Bakersfield, being more particularly described as follows:
FROM A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE
TO A REVISED P.U.D. (PLANNED UNIT DEVELOPMENT)
ZONE CONSISTING OF 46 TWO-STORY CONDOMINIUM
TOWNHOUSES:
All that portion of the Southeast Quarter of
Section 33, Township 29 South, Range 27
East, M.D.M., City of Bakersfield, Kern
County, California, being more particularly
described as follows:
Beginning at the Southwest corner of Tract 3842,
recorded in Map Book 27 at Page 18 in the
Office of the Kern County Recorder;
Thence Northerly along the West line of
said Tract 3842 the following courses:
North 10021'23" East, 219.09 feet;
North 24038'30" East, 196.26 feet;
North 28°37'42" East, 203.92 feet, to the
Northwest corner of said Tract 3842, also
being a point on the South line of Tract
3614, recorded in Map Book 24 at Page 136 in
the Office of the Kern County Recorder;
Thence North 89047'35" West, along said
South line of Tract 3614 and the South line
of Tract 3693, recorded in Map Book 25 at
Page ]21 in the Office of the Kern County
Recorder, 527.27 feet, to a point on the
Easterly line of Tract 3715, recorded in Map
Book 25 at Page 172 in the Office of the
Kern County Recorder;
-4-
Thence South 26041'57" West, along said
Easterly line and the Southerly prolongation
thereof, 244.98 feet;
Thence South 29036'20" West, 405.88 feet to
a point on the North right-of-way line of
Stockdale Highway, said point being 85.00
feet North of, as measured at right angles
to, the South line of said Southeast Quarter;
Thence South 89043'00" East, along said
right-of-way line, 618.94 feet to the point
of beginning.
Containing 7.17 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 ..........
and
meeting thereof held on
the following vote:
I HEREBY CERTIFY that the foregoing Ordinance was passed
adopted by the Council of the City of Bakersfield at a regular
the 15th day of September , 1982, by
:/ ? · F - 'x:
CITY CLERK and Ex/ Officio Clerk of
Council of the City of Bakersfield
the
APPR~D this l__~_t__h day of September
- 7of th~ City '
, 1982
APPROVED as to form:
Ci T/A~TT~ R~K ~o f t~h e~Ci t/y~f Baker s f is ld
-5-
Afft atrit of ost ng (Or uan es
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 ............................b?...e..P...~..~_!Lb.._~_r........1....6.. .........................................................,19.......8....2. 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 ..........................S....e..P.!~..e....m...~.~.lL....1...~ ............................, 19....8...2.., which ordinance
was numberect ............2.Z. Z9 ..................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 CtIANGING
LAND USE ZONING OF THAT CERTAIN PROPERTY IN
THE CITY OF BAKERSFIELD, COMMONLY KNOWN AS
6800 STOCKDALE HIGHWAY, AND MAKING FINDING8
IN CONNECTION WITH A P.U.D. ZONE.
/City Clerk
Subscribed and sworn to before me this
..16th day of September ,19 82