HomeMy WebLinkAboutORD NO 2559ORDINANCE NO. 2559
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 COMMONLY KNOWN AS 5400 AND 5600
LENNOX AVENUE. AND MAKING FINDINGS IN CONNECTION
WITH 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 conformance
to the General Plan, and all other matters as required by law, and
after having considered the recommendations of the Planning Com-
mission, 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 May 7,
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-1 to
P.U.D.
2. That Robert J. Matsumoto, 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 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)
(2)
(3)
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.
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.
Sixteen (16) fire hydrants will be re-
quired.
Water mains are to be I.S.O., and City
requirements with dead-end mains no
less than eight (8) inches in size.
o
(4)
(5)
(6)
(7)
(8)
Based upon available information, fire
flow requirement may be 2000 gallons
per minute.
Under Resolution 68-78 and Municipal
Code Section 16.24.124(b) (13): All
subdividers and all persons otherwise
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.
Curb, gutter, sidewalk, driveways and
paving shall be installed to City
standards.
Areas shown on file copy as "Fire Lane
Only" shall be posted as such and
chained off to prevent vehicular
traffic by the public.
All conditions of Parcel Map 5715
shall be met prior to construction or
issuance of building permits.
Greenbrier Phase B, proposed as condo-
minium use will require a subdivision
tract map (optional design).
A six-foot masonry wall shall be con-
structed as shown on plot plan where
the Fire and Refuse Truck Turnaround
is shown.
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 iden-
tifying 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-1 Hosp. 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 R-1-HOSP. (ONE FAMILY DWELLING-
HOSPITAL) ZONE TO A P.U.D. (PLANNED UNIT
DEVELOPMENT) ZONE:
That portion of Section 34, Township 29
South, Range 27 East, Mount Diablo Meridian,
described as follows:
Beginning at the point of intersection of
the Northerly right-of-way line of Lennox
Avenue with the East line of the West Half
of said Section 34, said point of inter-
section being shown upon the Map of Tract
No. 3122 as per Map thereof recorded January
1970 in the Office of the Kern County Re-
corder in Book 18 of Maps at Pages 184 and
185;
Thence North 89045'53" East, 50.18 feet to
the beginning of a tangent curve concave
Northwesterly of radius of 25.00 feet;
Thence Northeasterly along said curve
through a central angle of 51019'04", an arc
distance of 22.39 feet to the beginning of a
tangent reverse curve concave Southwesterly
of radius of 135.00 feet;
Thence Southeasterly along said curve
through a central angle of 176058'20", an
arc distance of 416.98 feet to the beginning
of a tangent reverse curve concave South-
easterly of radius of 25.00 feet;
Thence Southerly along said curve through
central angle of 35039'33", an arc distance
of 15.56 feet;
Thence South 00014'24" East, 388.72 feet to
the beginning of a tangent curve concave
Northeasterly of radius of 254.93 feet;
Thence Southeasterly along said curve
through a central angle of 81018'33", an arc
distance of 347.58 feet;
Thence South 81032'57" East, 225.89 feet
more or less to the Southwest corner of
Parcel A of Parcel Map No. 4801, as per Map
thereof filed in the Office of the Kern
County Recorder June 21, 1978 in Book 21 of
Parcel Maps at Page 17;
Thence along the Westerly line of said
Parcel A, North 11001'36" East, 213.49 feet
to the Northwest corner of said Parcel A,
said point also being Southwest corner of
Parcel A of Parcel Map No. 4898, as per Map
thereof filed March 14, 1979 in the Office
of the Kern County Recorder in Book 22 of
Parcel Maps at Page 98;
Thence along the Westerly line of said
Parcel Map No. 4898, North 15°40'34" East,
356.04 feet;
Thence North 21013'47" East, 283.466 feet;
Thence North 62°47'41" West, 218.971 feet;
Thence North 27°12'19" East, 200.00 feet to
a point of intersection with the South line
of Mohawk Avenue;
9f
Thence along the Southerly line of said
Mohawk Avenue, North 62°47'41" West, 26.56
feet to the beginning of a tangent curve
concave Northeasterly of radius of 1,655.00
feet;
Thence Northwesterly along said curve
through a central angle of 31°26'10", an arc
distance of 908.04 feet to a point on the
South line of the right-of-way of the
Carrier Canal;
Thence along said South right-of-way line,
South 75018'08" West, 189.10 feet;
Thence South 76022'08" West, 29.34 feet;
Thence South 58°29'51" West, 88.67 feet to a
point on the Easterly line of said Tract
No. 3122;
Thence along the Easterly line of said Tract
No. 3122 South 31055'05" East, 201.74 feet;
Thence continuing along the East line of
said Tract No. 3122 South 00005'28" East,
604.62 feet more or less to the True Point
of Beginning.
.......... o0o ..........
o
I HEREBY CERTIFY that the
and adopted by the Council of the City of Bakersfield
meeting thereof held on the 14th day of May
the following vote:
foregoing Ordinance was passed
at a regular
, 1980, by
CITY C E~RK'a~nd Ex~x~ficio Clerk of the
Council of the City of Bakersfield
APPROVED this 14.t/h day of May
MAYOR ~f the ~ity of Bakersfield
, 1980
APPROVED as to form:
C~TY ATTORNEY of t~ City of Bakersfield
STATE OF CALIFORNIA, f
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 on ............................................~.~.y.......1....5...z. ................................................., 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 ............ .~..a..~_...~.~..~ ..........................................., 19.._.8...(~., which ordinance
was numbered_ .........~5.~P ................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~IOSE CERTAIN PROPERTIES IN THE CITY
OF BAKERSFIELD COMMONLY KNOWN AS 5400 AND 5600
LENNOX AVENUE, AND MAKING FINDINGS IN CONNECTION
WITH P.U.D. ZONE.
Subscribed and sworn to before me this
day of ..... M.ay.__ ~___~__~ 19..~P