Loading...
HomeMy WebLinkAboutORD NO 2570ORDINANCE NO. 2570 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 THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED ON THE SOUTHWEST CORNER OF SOUTH "H" STREET AND PANAMA LANE; 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 Bakers- field, 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 WHEREAS, at the hearing before the City Council on July 16, 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 MH to P.U.D. 2. That Greenland Development, Inc., 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 of Bakersfield as follows: A. B. documents as submitted, following additions: l) 2) IT ORDAINED by the Council of the City The above recitals are true and correct. The Preliminary Development Plan and accompanying are approved and adopted subject to the All conditions of Tract 4113 to be complied with prior to issuance of building permits. This is a Tentative Map and will expire August 20, 1981. On the file copy plot plan map of the project within the yellow circle are all setbacks that shall be adhered to as follows: front yard with sidewalks, front yard without sidewalks - street side yards, street side yards with parking and interior and rear yard setbacks. Street widths are to be 32- foot paved width with rolled curb and gutters. Parking will be allowed on the street sides which have a sidewalk only. Streets within this project are private streets and shall be posted at entries to the site as required by Ordinance. The streets within the project without sidewalks parallel to them shall be posted with "No Parking" signs. o 3) 4) 5) 6) 7) S) Size and location of refuse bins shall be determined by the Sanitation Division. Curbs, gutters, sidewalks, paving, handicapped ramps at driveway entries, shall be constructed on South "H" Street and Panama Lane. A six-foot masonry wall along South "H" Street and Panama Lane and around the South and West side of the P.G.&E. sub- station shall be constructed. Wall plans on Panama Lane and South "H" Street shall be submitted to the Plan- ning Commission for review and approval prior to issuance of any building permits for buildings and improvements of property. Under Resolution No. 68-78 and Muni- cipal Code Section 16.24.124(b) (13): All subdividers and all persons other- wise 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. Six 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 1,000 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. Landscape plan shall be submitted for review and approval by the Planning Department. Landscape plan shall include areas around the RV parking area, sump site, and front yards and street side yards of residential lots and adjacent to the guest parking areas. Landscape plan shall be imple- mented prior to a final building in- spection. 9) CC&R's (Covenants, Conditions, and Re- strictions); Homeowners Association and By-Laws shall be reviewed and approved by the Planning Department, Building Department, Public Works Department, and City Attorney's Office. CC&R's shall cover maintenance of walls, sump site, fencing, RV parking area and all private streets and land- scaped areas adjacent to each off- street parking areas and entrances to site. 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 identi- fying 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 MH (Mobilehome) 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 MH (MOBILEHOME) ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE: Lot 1 of Section 25, Township 30 South, Range 27 East, M.D.B.&M., in the City of Bakersfield, County of Kern, State of California, according to Kern County Sales Map 1 of the Lands of J. B. Haggin, filed May 3, 1889, in the Office of the Kern County Recorder. EXCEPT THEREFROM the East 208.71 feet of the North 208.71 feet thereof. .......... 000 .......... 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 30th day of July , 1980, by the following vote: AYES: COUNCILMEN I~LI~I:[~', CHRISTENSEN, A~,~'~'-MILLER, PAYNE, I~A]-rY, ~ CZTY f~.~RK and E~O~ficio Clerk of the Council of the (3~ty of Bakersfield APPROVED this 30th~aY of July ---' ~R o~' t~iitly of Bakersfield , 1980 APPROVED as to form: CITY ATTORNEY of the C~y of Bakersfield WAY , _MAUR!CE AVE. cWILLIAM F ,HALS~"Y(t"- j AVE. R-I ..: R-2-D ~ , PANAMA ~,X MH J City l ~.~,,,.=,.,.~ Canal County Arvin -Edison GF{£ENLAND DEV Z.C.: S. H ST ~ PANAMA LN File No .5399 to P.U.D. 14 16 Afft avi! of llosting rilinanres 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 oa ...............................?~..~....~.~ ............................................................19.~.~.(~... he posted on the Bulletin Board at the City Hall, a full, t~qe and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ....... .~.~.~.Y......~..(~ ..........................................., 19.~..0......, which ordinance was numbered,...... 2570 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.12.020 OF TITLE ~7 OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED ON THE SOUTHWEST CORNER OF SOUTH "H" STREET AND PANAMA LANE; AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. ZONE. C 'ty Subscribed and sworn to before me this 31st day of ..... Ju~ ........................., 19.....8~