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