HomeMy WebLinkAboutORD NO 2726ORDINANCE NO. 2726 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 LOCATED AT THE NORTH-
EAST CORNER OF 40TH STREET AND "O" STREET 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
hereinafter described; and
WHEREAS, the City
land use zoning on the property
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
recommendations of the Planning
reasons advanced at the hearing
hereinafter-described property,
authorized; and
WHEREAS, the City Council
makes the following findings:
after having considered the
Commission, together with the
for a change of zoning of the
that a zoning change should be
has considered and hereby
1. That the public necessity, convenience, general
welfare and good zoning practice justify the change of zone from
P.U.D. to P.U.D.;
2. That ROGER GRULKE, 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 in
the case of residential development, such development will constitute
a residential environment of sustained desirability and stability
and it will be in harmony with the character of the surrounding
neighborhood and community.
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. Landscape plan shall be submitted, ap-
proved by the Planning staff, and
ee
implemented prior to
All driveways are to
top-to-top.
All aisles are to be
final inspection.
be 42-foot minimum
24-foot minimum.
The sight triangle on the corner of
40th Street and "O" Street shall be
subject to landscape height restrictions.
This area is shown in RED on file copy
of plot plan.
Cut-offs required for fire and refuse
trucks turning movements as shown in
RED on file copy of plot plan.
The drainage basin for this area has
the capacity to accept the drainage
from this development. The developer
shall construct a drainage siphon from
the Northeast corner to the Southeast
corner and shall grade a swale to drain
from the outlet structure.
Sewer service is available in "Q"
Street. The developer shall be re-
quired to extend the sewer line to
serve each unit in the development.
The developer shall submit sewer plans
and profiles for approval.
The Building Department requires a
Preliminary Soils Report, an approved
Grading Plan, and a Final Soils Report
prior to the issuing of building permits.
Water service will be required to each
unit prior to the issuing of building
permits.
The developer is required to install
one, 5,800 lumen H.P. Sodium Vapor
street light to be located as shown
the map. The developer shall pay all
costs in providing street lights,
including poles, conduits, wires, and
luminaires.
Easements for public utilities, if any,
shall be determined by the developer in
consultation with the public utilities.
Sewer fee of $350 per acre to be paid
prior to connection.
The developer shall pay all costs for
furnishing all traffic control signs
and sign posts which are necessary for
the present or future traffic control
signing needs in or adjacent to the
subdivision. The developer shall pay
for installing two standard size street
name signs to be located as shown on
the map.
Street paving (at least 32 feet wide),
curbs, gutters, and 5.5-foot wide
sidewalks to be constructed to City
Standards on both streets. Wheelchair
ramps will be required on all street
and alley curb returns, unless other-
wise directed by the City Engineer.
The type and location of refuse fa-
cilities are to be determined in con-
sultation with the City Sanitation
Division. A 6'x8' concrete pad shall
be constructed at each bin location.
Gas, electrical, telephone, and cable
TV service shall be provided to each
unit as per Section 16.32.070(b)(6) of
the Municipal Code of the City of
Bakersfield.
Under Resolution 68-78 and Municipal
Code Section 16.32.070(b)(13): All
subdividers and all persons required to
~urnish fire hydrants are to purchase
the fire hydrants, hydrant burys,
necessary bury extensions, and all
necessary bolts and gaskets from the
('ity 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 con-
struction.
One fire hydrant is 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 2,500 gallons
per minute.
re
A six-foot masonry wall is reguired as
shown in RED on file copy of plot plan.
Building and unit identification
numbering system (Ord. 2682 N.S.) shall
be approved by the Building Director.
All signage shall have Planning Com-
mission review and approval prior to
issuance of a sign permit.
Final development plan should reflect
the correct measurements between the
curb and property line along both
streets.
In accordance with Section 15.48.010 of
the Municipal Code, pool area shall be
fenced.
All structures along both streets shall
have a minimum distance of fifteen feet
from property line.
Final working drawings of project shall
be submitted to the Planning Commission
for review and approval within 18
months after Zone Change is approved by
the City Council, and prior to issuance
of building permits or construction.
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 zoninc~ 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
Planned Unit Development (P.U.D.) Zone
(P.U.D.) Zone of that certain property
zoning boundaries from a
to a Planned Unit Development
in the City of Bakersfield,
being more particularly described as follows:
FROM A P.U.D. (PLANNED UNIT DEVELOPMENT)
ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT)
ZONE CONSISTING OF 44 TOWNHOUSES:
Lot 3 of Block 688 as shown on the Map of
the City of Bakersfield recorded November 28,
1898 in Book 1 of Maps at Pages 13 and 14,
Office of the Kern County Recorder, EXCLUDING
any portions within public street rights-of-
way.
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 CER'FIFY that the foregoing ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 31st day of ~rch , 1982, by
the following vote:
Coun ' -
1982
APPR~7 this ~l~t__ day of March '
~ -~AYOR/~~y of Ba e
APPROVED as to form:
AIa~ ~0~,~0
ZOL~,
Affidavit of osfing r tnatt 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
that on ......................... ..~..p.....r...~...]...~._,. ........................................................................ ,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 ............_.M:..a....r....c...t~.....~..~:..~. ................................................., 19....§..2.., which ordinance
was numbere&.....~_7.2..6. ............................New Series, and entitled:
An Ordinance amending Title Seventeen of the
Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain
property in the City of Bakersfield located.
at the northeast corner of 40th Street and "0"
Street; and making findings in connection with
a P.U.D. Zone.
City Clerk
Subscribed and sworn to before me this
6t~ . d~y of .........~.~.!.~ .................................,19.~.~2 .