HomeMy WebLinkAboutORD NO 2578ORDINANCE NO. 2578
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AME~]DING 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 NORTHEAST CORNER
OF WILSON ROAD AND PLANZ 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 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, together with the reasons advanced
change of zoning, of the hereinafter-described
zoning change should be authorized; and
at the hearings for a
property, that a
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 A
(Agricultural) Zone to P.U.D.
2. That JAMES E. WARD, AGENT FOR U & J I~VESTMENTS,
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:
Landscape plan, together with designs
for all walls, shall be submitted for
re~Tiew and approval by the Planning
Department and 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.
Dedication of Planz Road to a 45-foot
half-width street.
Curb, gutter, sidewalk, handicap ramps,
driveways and paving shall be con-
structed to City standards.
5)
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.
Four 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.
6)
Based upon available information, fire
flow requirement may be 2000 gallons
per minute.
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.
7)
Grading and drainage utility plan and
soils report shall be submitted to
the Building Director and City Engineer
for approval prior to issuance of
building permits or construction.
8)
In accordance with Section 13.52.010 of
the Municipal Code, pool area shall be
fenced.
9)
Final working drawings of project shall
be submitted to Planning Commission for
review and approval within 18 months
after zone change is approved by the
City Council, and prior to issuance of
building 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
A Zone to a Planned Unit Development (P.U.D.) Zone of that certain
property in the City of Bakersfield, being more particularly des-
cribed as follows:
FROM AN A (AGRICULTURAL) ZONE TO A P.U.D.
(PLANNED UNIT DEVELOPMENT) ZONE, CONSISTING
OF 44 SINGLE FAMILY CONDOMINIUM UNITS:
Beginning at the intersection of the center-
lines of Planz Road and Wilson Road;
Thence Northerly along the centerline of
Wilson Road, a distance of 495.34 feet,
more or less;
3e
Thence Easterly along the South line of
Tract 3745, recorded August 14, 1975 in Map
Book 26 at Page 25, Office of the Kern
County Recorder, and its Westerly prolong-
ation a distance of 509.78 feet, more or
less, to the Northwest corner of Lot 7,
Tract 3663, recorded August 16, 1973 in Map
Book 24 at Pages 197 and 198, Office of the
Kern County Recorder;
Thence Southerly along the West line of
said Tract 3663 and the Southerly prolong-
ation thereof, a distance of 495.34 feet,
more or less, to the centerline of Planz
Road;
Thence Westerly along the centerline of
Planz Road to the Point of Beginning of
this description;
EXCEPTING THEREFROM the area within the
rights-of-way of Wilson Road and Planz
Road, containing 4.96 acres, more or less.
......... 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 29th day of October , 1980, by
the following vote:
,/7
CIT ~nd Ex~ f~lcio Clerk of the
Council of the City of Bakersfield
APPRO~V_ED this 2~!~ day of October ,
~ ~f ~he City of Bakersfield
1980
APPROVED as to form:
CITY ATTORNEY ~/ the City ~ Bakersfield
Afft avt! of osltng r tuan :es
STATE OF CAIAFORN[A,
County of Kern
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 on .............................(~...c...t..?~.~.~'_ .~...0.. ...............................................,19...~.(~.. he posted on the Bulletin Board
at the City Hall, a full, tcue and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ..... .(~..c...~.~.l~.~.~_._.~.?. ..................................19..~.-0....., which ordinance
was numberect ....... 2~.78 ..................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 NORTHEAST
CORNER OF WILSON ROAD AND PLANZ ROAD;
AND MAKING FINDINGS IN CONNECTION
WITH A P.U.D. ZONE.
Subscribed and sworn to before me this