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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