HomeMy WebLinkAboutORD NO 2613ORDINANCE NO. 2613
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 SOUTH SIDE OF
STATE HIGHWAY 178, EAST OF FAIRFAX ROAD: 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 Commis-
sion, 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
at the hearing before the City Council on
the City Council considered the following find-
WHEREAS,
November 19, 1980,
ings:
1.
That the public necessity, convenience, general welfare
and good zoning practice justify the change of zone from R-2-D to
P.U.D.
2. That Michael Callagy, 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:
1)
2)
3)
4)
5)
Landscape plan shall be submitted for
review and approval by the Planning
Department; landscaping is to be imple-
mented prior to final building in-
spection.
Size and location of refuse bins, on
8'x6'x4" concrete pads at grade level,
shall be determined by the Sanitation
Division.
Curb, gutter, sidewalk, driveways and
paving shall be constructed to City
standards.
Driveway on East side of project shall
have a recorded covenant for ingress
and egress for common driveway.
Driveway on East shall have a temporary
turnaround constructed as shown in RED
on file plot plan.
6)
7)
8)
9)
10)
An acoustical engineer shall design
that portion of the map requiring
mitigation of noise generated by the
freeway. Certification of this design
is required. It shall be done with
Planning Commission review prior to
construction and issuance of building
permits.
A six-foot masonry wall shall be con-
structed on the North and East sides of
this project, in addition to the six-
foot masonry wall shown on the West on
the plot plan.
Under Resolution 6878 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.
Three 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 2500 gallons per
minute.
Additional parking space (1) to be
shown on plan to meet required 202
spaces, or reduction of parking shall
be obtained through the Board of Zoning
Adjustment prior to issuance of build-
ing permit.
As shown on plot plan in RED, the
driveway on East parking area shall be
increased in width to 25 feet to
accommodate vehicles such as trucks,
fire engines and refuse trucks.
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 iden-
tifying 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-2-D 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-2-D (LIMITED MULTIPLE FAMILY DWELL-
ING-ARCHITECTURAL DESIGN) ZONE TO A P.U.D.
(PLANNED UNIT DEVELOPMENT) ZONE:
Being a portion of the Northwest Quarter of
Section 24, Township 29 South, Range 28
East, M.D.B.&M., in the City of Bakersfield,
County of Kern, State of California, being
more particularly described as follows:
Commencing at the Northeast corner of
Parcel D as shown on Parcel Map 5663 re-
corded in Parcel Map Book 24 at Page 77 in
the office of the Kern County Recorder, said
point also being a point on the Southerly
right-of-way line of State Route No. VI-KER-
178 as shown on said map;
Thence South 00025'33" West, along the East
boundary of Parcel D, a distance of 170.00
feet;
Thence departing said East boundary line
North 88°24'47" West, a distance of 185.00
feet;
Thence South 38051'39" West, a distance of
477.07 feet to a point on the centerline of
Valleyview Drive;
Thence South 89°55'33" West, along said
centerline a distance of 148.00 feet;
Thence departing said centerline North
00°04'27" West, a distance of 487.24 feet to
a point on the above-mentioned Southerly
right-of-way line;
Thence South 85044'56" East, along said
right-of-way line, a distance of 120.17
feet;
Thence North 74°52'41" East, a distance of
251.94 feet;
Thence South 88024'47" East, a distance of
271.20 feet 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 10th day of December , 1980, by
the following vote:
ASST.
C~C~LE~x Officio Clerk of
~ ~ the
Council of theCity of Bakersfield
APPROVED this 10th day of December
-- MA ~,//(F~/t~-e/(~y-~f Bakersfield
, 1980
APPROVED as to form:
SIT Ak T~TO~N~of~e~y o~ Bakersfield
F
AffiXave! of os ing r uan es
STATE OF CALIFORNIA, ~
County of Kern ~ ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that oa ..............................D...~.~e.~]~.~_~._.]:~ ...................................................19....~.9.~ he posted on the BuIletSn 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 December 10 80
....................................................................... 19 ............which ordinance
was numbered .... ~..~.J-3 .............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 LOCATED ON THE SOUTH SIDE
OF STATE HIGHWAY 178, EAST OF FAIRFAX
ROAD: AND MAKING FINDINGS IN CONNECTION
WITH A P.U.D. ZONE.
City Cl~k
Subscribed and sworn to before me this