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HomeMy WebLinkAboutORD NO 2677ORDINANCE NO. 2677 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.12.020 OF TITLE 17 OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD, LOCATED ON THE NORTH SIDE OF COLLEGE AVENUE, APPROXIMATELY 800 FEET EAST OF FAIRFAX ROAD, AND MAKING FINDINGS IN CONNECTION WITH 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 17.51.020 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. welfare and good zoning R-1 and R-2-D to P.U.D.; 2. That HWEI CHIH HSIU, start construction within two and effective date of the zoning change; 3. That the proposed planned conforms to the General Plan; That the public necessity, convenience, general practice justify the change of zone from the applicant, does intend to one-half (2-1/2) years from the unit development substantially 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 strict 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 17.51.090 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 as submitted, are approved and additions to the plan: 1) 2) 3) 4) documents, following 5) Plan and accompanying adopted subject to the Size and location of refuse bins shall be determined by the Sanitation Di- vision; bins shall be located on 8'x6'x4" concrete pads at grade level. Landscape and irrigation plans shall be submitted for review and approval by the Planning Department. Landscape and irrigation shall be installed prior to ~inal building inspection. Curb, gutter, sidewalk, driveways and paving shall be constructed to City standards on public streets. Permits shall be obtained for all work in public right-of-way (College Avenue and Street "A"). Dedication of public street North Trent Street (Street "A"). This street shall be in alignment with Trent Street to the South. Additional 45-foot dedication of North side of College Avenue. 2J 6) 7) 8) 9) ~o) 11) 12) A westbound travel lane on the North one-half of College Avenue shall be constructed between Tract 4512 and Fairfax Road. (The City will be paving a portion of this.) A slope easement shall be obtained from the adjacent property owners. This ap- plies to both the P.G.&E. Easement side and to the property at the Northwest corner. The Building Department requires a pre- liminary soils report and an approved grading plan prior to any grading work. A final soils report will be required prior to issuance of building permits. Water system will be required to each lot prior to issuance of building permits. Under Resolution 68-78 and Municipal Code Section 16.24.124(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. Twelve 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. 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. Drainage plan shall be submitted for review and approval by the City Engineer. A drainage fee of $1,685.50 per acre is required for that portion of map in the Shalimar Drainage District (West of Street "A"). A drainage fee of $2,100 per acre is required for the portion of the map in the Pioneer Plan Drainage Area (East of Street "A"). e 13 Sewer fees will be levied by the East Niles Community Service District. 14) Two street lights are required. i5) Trent Street (Street "A" on plan) shall align perpendicular with College Avenue from the point of intersection of the extension of the flowline and the centerline of Trent Street to the South of College Avenue. The reversing curves on Street "A" shall be separated by a minimum 200-foot tangent section. All vertical curves shall be designed for stopping sight distance of the design speed or greater. Private streets with islands shall haw~ a minimum 20-foot width on each side of the island. The triangular diverter islands shown on the Tentative Map shall be removed. Private streets shall intersect Street "A" (Trent) at the same point and perpendicular to Street "A". The following parking aisles shown on the tentative map shall be straightened and offset eliminated: a) Aisle to Lots 69 thru 98. b) Aisle to Lots 65 thru 68. c) Aisle to Lots 139 thru 154, and signs as shown on plans. 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 17.12.020 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 J 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 and from an R-2-D (Limited Multiple Family Dwelling-Architectural Design) 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 AND FROM AN R-2-D (LIMITED MULTIPLE FAMILY DWELL- ING-ARCHITECTURAL DESIGN) ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE CONSISTING OF 158 DWELLING UNITS: Being all of Parcel 4 and a portion of Parcel 3 of Parcel Map 4921, City of Bakers- field, County of Kern, State of California as per map recorded October 27, 1978 in Map Book 21, Page 156, Office of the Kern County Recorder, in Section 24, Township 29 South, Range 28 East, M.D.B.&M., more particularly described as follows: Beginning at the Southeast corner of said Parcel Map 4921; Thence South 89°41'08" West, Thence North 00°07'17" East, Thence North 87~07'17" East, Thence North 69°06'01" East, a point on a 430-foot radius Northeasterly, a radial line bears North 65~27'26" East; 814.14 feet; 1,100.00 feet; 270.00 feet; 157.58 feet to curve concave from said point Thence continuing Southeasterly along the arc of said curve through a central angle of 66013'24", a distance of 497.00 feet to a point which intersects the Easterly boundary of said Map 4921, said point bears South 00045'58" East from said radius; Thence South 00°45'58" East, 273.00 feet; Thence South 00030'09" West, 641.00 feet to the Point of Beginning. 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 Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 4th day of November , 1981, by the following vote: CITY CLERK ahd Ex ~fficio Clerk~f Council of the Cit~y of Bakersfield the APPROVED this 4th day of November MA_O/~. 9'f the C~ty of Bakersfield , 1981 APPROVED as to form: C IT A/5 TC'R~/E ~o f th e~C i t~ Bakersfield AJS:mm 10/22/81 6. ,,/ 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 or~ ..................................~..~..y.~.~.~.~.~_..~.~__.~..9..~_.1.. ..................................., 19 ............he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the CounclI of said City at a meeting thereof duly held on ........N.Q.Y.~.~.~.~..r.._...~..,___~_~.~.~ .............................., 19 ............which ordinance 2677 was numbere~ ......................................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION ~7.12.020 OF TITLE 17 OF TttE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE C~TY OF BAKERSFIELD, LOCA?ED ON TIlE NORTH SIDE OF COLLEGE AVENUE, APPROXIMATELY FEET EAST OF FAIRFAX ROAD, AND MAKING FINDINGS IN CONNECTION WITH P.U.D. ZONE. Subscribed and sworn to before me this ..... (~.~..h.._ day of ........N.Q~.~[n~ ..................19 .~.~..