HomeMy WebLinkAboutORD NO 2579ORDINANCE NO. 2579
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 SOUTHEAST CORNER
OF 40TH STREET AND O STREET; AND MAKING FINDINGS
IN CONNECTIO~ 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 17.51.020 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,
change
zoning
October 8,
together with the reasons advanced
of zoning, of the hereinafter-described
change should be authorized; and
WHEREAS, at the hearing before the
1980, the City Council considered
at the hearings for a
property, that a
City Council on
the following findings:
and good zoning practice justify the
P.U.D.
2. That DONALD G. SHARPE,
That the public necessity, convenience, general welfare
change of zone from R-2-D to
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.
~OW, 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:
Landscape plan shall be submitted for
review and approval by the Planning
Department; landscaping shall be
implemented prior to final building
inspection.
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,
wheelchair ramps, and paving shall be
constructed to City standards.
One street light is required, as shown
on file plot plan.
A sewer fee of $350 per acre is re-
quired.
A grading and drainage plan and soils
report shall be submitted for review
and approval by the City Engineer and
Building Director prior to construction
and issuance of building permits.
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 com-
pleted, tested and accepted prior to
building construction.
One fire hydrant is 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.
Under Resolution 68-78 and Municipal
Code Section 16.24.124(b)(13): All
subdividers and all persons required
to purchase 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.
8)
In accordance with Section 13.52.010
of the Municipal Code, swimming pool
shall be fenced.
9)
Final working drawings of project shall
be submitted for Planning Commission re-
view and approval within 18 months of
City Council approval of this zone
change and prior to issuance of build-
ing permits or construction.
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-2-D Zone to a nlanned 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, CONSISTING
OF A 72-UNIT APARTMENT COMPLEX:
Lot 2, Block 663, Northern Division, City of
Bakersfield, County of Kern, State of Cali-
fornia, as shown on the map thereof filed
April 19, 1904 in the Office of the Kern
County Recorder, with the Southerly 11.25
feet of vacated 40th Street abutting said
land on the North.
I HEREBY CERTIFY
and adopted by the Council of the City of Bakersfield at
meeting thereof held on the 29th day of October ,
the following vote:
that the foregoing Ordinance was passed
a regular
1980, by
~__-~7 / .,,r
czTY C~RK a~Ex O~io Clerk of t~e
co~nc~z/of
the City~3~f Bakersfield
APP~.OVED this 2.~t~ day of October
~A',f~f '~"City of Bakersfield
, 1980
APPROVED as to form:
CITY A~/TO~NE~?~f th~e C~of Baker s field
~E £or ,~o:~ ,~ '~".f~'~
I
Affidavit of osltng ( r tnan es
STATE OF CAL1FORNIA, 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_ .............................Q.9..~..9.1~.9~....3...Q. .............................................., 19...8_.Q. he posted on the Bulle~n 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..c..~.~.~...e_~_..~.~ ........................................., 19..~?._, which ordinance
was numbered .........~.~7~ ........ New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING SECTION
17.~2.020 OF TITLE 17 OF THE MUNICIPAL
CODE CHANGING THE LAND USE ZONING OF
THAT CERTAIN PROPERTY IN THE CITY OF
BAKERSFIELD LOCATED ON THE NORTHEAST
CORNER OF 40TH STREET AND Q STREET;
AND MAKING FINDINGS IN CONNECTION WITH
A P.U.D. ZONE.
Subscribed and sworn to before me this