Loading...
HomeMy WebLinkAboutORD NO 2629ORDINANCE NO. 2629 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 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 and City Council have held hearings respectively, on a petition to change the land use zoning on the property hereinafter described; and WHEREAS, the City Council has determined, after due con- sideration of said application, consisting of a Preliminary Develop- ment 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 after having considered the recommendations of the Planning Com- mission, together with the reasons advanced at the hearings for a change of zoning, of the hereinafter-described property, that a zoning change should be authorized; and WHEREAS, at the hearing before the City Council on 1981, the City Council considered the following find- February 11, ings: 1. That the public necessity, convenience, general welfare and good zoning practice justify the change of zone from R-1 to P.U.D. 2. That Phil Van Horn, 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 substan- tially 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 surround- ing residential neighborhood which is of similar design and density; that the foregoing facts warrant a negative declaration of environ- mental impact. 5. That the development as proposed, constitutes a har- monious, 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 acre as required by Section 17.51.090 of the Muni- cipal 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 conditions: l) 2) 3) 4) 5) 6) Landscape plan shall be submitted for review and approval by the Planning Department; landscaping shall be imple- mented prior to final building in- spection. Any signage shall have Planning Com- mission approval prior to issuance of any sign permits. Utility site plan required prior to issuance of building permits. No parking on private drives. No window shall directly overlook the adjacent residential properties on the North and East sides. All outdoor lighting shall be designed as to not shine on the adjacent proper- ties on the North and East sides. 7) 8) 9) 10) 11) 12) 13) 14) If lots are to be sold, a subdivision map shall be recorded prior to any sales. Eight 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 2000 gallons per minute. Under Resolution 60-80 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. 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. The drainage for this tract shall be contained on site. Sewer service is available in Stockdale Highway approximately 650 feet East of the tract boundary. The developer shall be required to extend the sewer line from that location to serve each dwelling. The Building Department required a Pre- liminary Soil Report and an approved Grading Plan prior to any grading work. A Final Soil Report will be required prior to the issuing of building permits. Easements for Public Utilities, if any, shall be determined by the developer in consultation with the Public Utilities. A sewer fee of $350.00 per acre is re- quired. Wheelchair ramps will be required on all street and alley curb returns, unless otherwise directed by City Engineer. Street paving and curbs and gutters shall be con- structed to City standards on all interior streets. Stockdale Highway is a County road and construction on it shall be subject to 15) 16) 17) 18) 19) 20) 21) the requirements of the County of Kern. An Encroachment Permit from the County of Kern shall be obtained prior to start of construction on Stockdale Highway. The type and location of refuse fa- cilities are to be determined in con- sultation with the City Sanitation Division. A six-foot by eight-foot concrete pad shall be constructed with each bin location. Gas, electric, telephone, and Cable T.V. service shall be provided to each dwelling. Each unit shall have an individual water meter. A developer's fee for water service may be imposed. Masonry wall and evergreen trees around perimeter of project. Height of units not to exceed 23 feet. Signage to control speed on private streets to be reviewed by Planning Com- mission at time of final plan approval. C. The six 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 identi- fying 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 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 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: That portion of the Southeast Quarter of Section 33, Township 29 South, Range 27 East, M.D.B.&M., being more particularly described as follows: Beginning at the Southeast corner of said Section 33; Thence North 89043'00" West along the South line of said Section, 694.22 feet; Thence leaving said South line North 10017' 00" East 86.309 feet to the True Point of Beginning, said point being on the North right-of-way line of Stockdale Highway; Thence continuing North 10017'00" East 219.031 feet; Thence North 24040'00" East 196.35 feet; Thence North 28036'00" East 203.90 feet to a point on the South right-of-way line of Tract 3614 recorded February 8, 1973 in Map Book 24 at Pages 136 and 137; Thence North 89050'00" West along the Westerly extension of said South line 527.36 feet; Thence South 26042'00" West, 245.06 feet; Thence South 29036'25" West, 405.784 feet to a point on the North right-of-way line of a Stockdale Highway; Thence South 89043'00" East, along the North right-of-way line of Stockdale Highway, 618.71 feet, more or less, to the True Point of Beginning. .......... 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 18th day of February , 1981, by the following vote: CITY CLERK and E~ Officio Clerk of the Council of the City of Bakersfield APPROVED. this 18th day of February MAYOR o:~1~T,: Cit~Zof ~akersfield , 1981 APPROVED as to form: CITY ATTO~~?Y ~t~he~City~ ~aker s f is ld STATE OF CALIFORNIA, I 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 ................!~..e...l~..r..~A.g.~'7_.~.5 ............................................................,19...~.~... he posted on the Bulletin Board at the City Hall, a full, t~e and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ....... ..I~.~.]~.r.~A~_Y....~_~. ............................19.~..}..., which ordinance was numbered 26~.9 ............New Series, and entitled: 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 COMMONLY KNOWN AS 6800 STOCKDALE HIGHWAY; AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. ZONE. ~ CitJ~ Clerk Subscribed and sworn to before me this 2nd day of March ,1981