HomeMy WebLinkAboutORD NO 2556ORDINANCE NO. 2556
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 NORTHEAST CORNER
OF 40TH STREET AND "0" STREET; 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 April 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 R-2-D to
P.U.D.
2. That Robert King, 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)
Landscape plan shall be submitted for
review and approval by the Planning
Department; plan shall be implemented
prior to final building inspection.
2) Size and location of refuse bins shall
be determined by the Sanitation Division.
3) Any signage shall have Planning Com-
mission review and approval prior to
issuance of a sign permit.
4)
Curb, gutter, 4.5-foot sidewalk, drive-
ways and street paving shall be con-
structed to City standards.
Curb to property line measurements on
"0" Street is 21.35 feet; plan shows 20
feet. Curb to property line on 40th
Street is 21.25 feet. Plan shows 23
feet.
5)
6)
7)
8)
9)
lO)
11)
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
required 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.
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 2580 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.
The six (6) parking spaces project is
short may be picked up by indicating
six (6) parallel spaces shown in RED on
plot plan.
Building No. 3 is to be moved 15 feet
to the West to provide larger open area
around recreation.
Street improvements on 40th Street and
"O" Street shall be approved by the
City Engineer prior to any street con-
struction. Thirty-two-foot width on
"0" Street and 40th Street.
Soils Report, grading and drainage plan
shall be submitted for review and
approval by the City Engineer and
Building Director prior to issuance of
building permit or construction.
A sewer fee of $350 per acre is re-
quired.
One (1) street light and one (1) street
sign is required as shown on file plot
plan.
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 Planned Unit Development (P.U.D.) Zone of that
certain property in the City of Bakersfield, being more particu-
larly 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:
Lot 3 of Block 688 as shown on the Map of the
City of Bakersfield recorded November 28,
1898 in Book 1 of Maps at Pages 13 and 14,
Office of the Kern County Recorder, EXCLUDING
any portions within public street rights-of-way.
.......... 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 23rd day of April , 1980, by
the following vote:
Counqil of the C~{y of Bakersfield
/
APPROVED this 23rd d/ay o~ April ,
Bakers field
1980
APPROVED as to form:
CITY ATTORNEY o '~he CJ~y of Bakersfield
YI. CoLu,~.~Us
\
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Affi avt! of osttng (griStnantes
STATE OF CALIFORNIA, ~
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 ...................../~.~..~..~..~.....~ .5. ........................................................................, 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..~.~..:i:..~......~..~. ........................................, 19....$~.., which ordinance
was numbered ...... .2.5~.~. ...........New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AMENDING SECTION 7.12.020
OF TITLE 17 OF THE MUNICIPAL CODE CHANGING
TttE LAND USE ZONING OF THAT CERTAIN PROPERTY
IN THE CITY OF BAKERSFIELD LOCATED ON THE
NORTHEAST CORNER OF 40TH STREET AND "O"
STREET; AND MAKING FINDINGS IN CONNECTION
WITH A P.U.D. ZONE.
City Cle.~
Subscribed and sworn to befo~ me this
.29~;h_. day of .,~pr ~:..~ ............. , 19......~?