Loading...
HomeMy WebLinkAboutORD NO 2580ORDINANCE NO. 2580 NEW SERIES AN ORDINAlICE 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 THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED ON THE NORTH SIDE OF THE PROPOSED AUBURN STREET EXTENSION, AND EAST OF FAIRFAX ROAD; AND MAKING FINDINGS CO~NECTION 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 respec- tively, 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 ]7.51.020 of the Municipal Code, together with a plot plan, photos and maps and a statement pertaining to density, estimated population and conform- ance to the General Plan, and all other matters as required by law, and after having considered the recommendations of the Planning Commission, 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 October 8, 1980, the City Council considered the following findings: 1. That the public necessity, convenience, general welfare and good zoning practice justify the change of zone from R-3-MH-D to P.U.D. 2. That DONALD G. SHARPE, 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 substantially 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) Final working drawings shall be sub- mitted to the Planning Commission for zeview and approval within 18 months after City Council approval of the zone change and prior to issuance of build- ing permits, or construction. 2) 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. Eleven 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 3000 gallons per minute. Pursuant to Sections 13.301c and 1~.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. 5 6 7) 8) 9) ll 12 13 14 15 Curb, gutter, sidewalk, driveways, wheelchair ramps, and paving shall be constructed to City standards. Size and location of refuse bins, on 8'x6'x4" concrete pads at grade level, shall be determined by the Sanitation Division. Six (6) street lights shall be required as shown on file plot plan. Swimming pools shown on map shall fenced in accordance with Section ~3.52.010 of the Municipal Code. be A grading and drainage plan and soils report shall be submitted for review and approval by the City Engineer and the Building Director prior to con- struction or issuance of building permits. ].andscape plan for each phase shall be submitted for review and approval by the Planning Department; landscaping shall be implemented prior to final building inspection. Dedication and improvements of Auburn Street (45 feet). A sewer fee of $350 per acre will be required for that portion within the Shalimar Drainage District. A drainage fee of $1690 per acre will be required for that portion within the Shalimar Drainage District. A Subdivision Map for Villages A and C shall be required as these are proposed condominiums. Improved temporary turnaround with a radius of 50 feet is required, as shown on file plot plan. This shall be recorded by separate instrument. Street names are required on proposed public streets. Names shall be submitted for approval to the Planning Department. All second floor windows overlooking the R-1 zone to the North, West, and East shall be architecturally screened. Plans for the screening shall be approved by the Building and Planning Directors prior to issuance of building permits. 16 Landscape plan for each village shall be submitted for review and approval by the Planning Department; landscape plan for areas under the Southern California Edison easements shall be approved by Southern California Edison prior to submittal of plan to the City Planning Department. Landscaping shall be implemented prior to any final building inspection on individual village phases. 17 Building setback off Auburn Street shall be a minimum of 25 feet. There shall be a minimum 15-foot setback of all units in Villages A and B on the East property line. 18 Where parking lots are adjacent to R-zoned property on Village E, a six-foot masonry wall shall be constructed. 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 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 of which property are shown on the map hereto attached and made a part hereof, as follows: changing the zoning boundaries from an R-3-MH-D Zone to a Planned Unit Development certain property in the City of Bakersfield, described as follows: FROM AN R-3-MH-D (LIMITED MULTIPLE (P.U.D.) Zone of that being more particularly FAMILY DWELLING-MOBILEHOME-ARCHITECTURAL DESIGN) ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE, CONSISTING OF 290 APARTMENTS AND 160 CONDOMINIUM UNITS FOR A TOTAL OF 450 UNITS: The South Half of the Southwest Quarter of the Southeast Quarter and the Northeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 13, Township 29 South, Range 28 East, M.D.B.&M., containing 30 acres, more or less. ......... o0o ......... I and adopted by the Council of the meeting thereof held on the 29th the following vote: HEREBY CERTIFY that the foregoing Ordinance was passed City of Bakersfield at a regular day of October , 1980, by czar c~( annex 0~1oio Cler~ of Council, of the City~f Bakersfield the APPROVED this 2_~ day o~f October , 1980 APPROVED as to form: CITY ATTORN~FY of the ~;~lty of Bakersfield Th~ ~'/-~ 34/8 AfFu avt! of J osting ( r tnan es STATE OF CALIFORNIA, t 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 or_ .............................(~...c..~.Q_.b..~.~.._..3..~ ........................................................19..~.~.. he posted on the Bulletin 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 ........ .Q.~.~.~.~.~...2...p. ..............................., 19..~..Q...., which ordinance was numbere& ....... 25S0 .............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 THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED ON THE NORTH SIDE OF THE PROPOSED AUBURN STREET EXTENSION, AND EAST OF FAIRFAX ROAD; AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. ZONE. Subscribed and sworn to before me this