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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 .