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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