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HomeMy WebLinkAboutORD NO 2548ORDINANCE NO. 2548 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 NORTH SIDE OF THE EASTERLY EXTENSION OF AUBURN STREET 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 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 February 13, 1979, 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 and R-3-D to P.U.D. 2. That Michael Callagy, 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 such development will constitute a residential environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighbor- hodd and community; that the foregoing facts warrant a negative declaration of environmental 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: o Private streets within the project shall be 32 feet in width, curb-to- curb. A six-foot masonry wall is required at the top of the grade on the north side of the RV storage parking areas. Landscape plan shall be submitted for review and approval by the Planning Department; and shall be implemented prior to final building inspection. As shown in RED on file plot plan (Project 1, apartment), one driveway shall be closed and the other two shall line up with the private streets off Auburn Oaks Drive to the north and east. Parking for single family units (Project 5) shall be on site for each lot. The on-street parking front of the single family lots shall be eliminated. in 10. Fifteen fire hydrants are required. Water mains are to be I.S.O., and City requirements with dead-end mains no less than eigkt inches in size. Based upon available information, fire flow requirement may be 3500 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 construction. Under Resolution 68-78 and Municipal Code Section 16.24.124(b) (13): All subdividers and all persons other- wise required to furnish fire hydrants are hereby required to purchase the required fire hydrants, hydrant burys, necessary bury extensions, and all necessary bolts and gaskets from the City of Bakersfield and pay the total cost thereof. A minimum of 15-foot rear yard set- backs on single family lots to the east and a minimum of 15-foot front yard setbacks on condominium units and apartments off the private street. Four street lights are required as shown on plot plan. Auburn Oaks Drive shall be a 60-foot dedicated right-of-way with 44-foot curb-to-curb paved street. Curb, gutter, sidewalk, driveway, and street paving shall be constructed on Auburn Oaks Drive and Auburn Street. Size and location of refuse bins to be determined by the Sanitation Division, and installed to City standards. 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 kereby 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 and R-3-D Zone to a Planned Unit Development that certain property in the City of Bakersfield, particularly described as follows: (P.U.D.) Zone of being more FROM AN R-1 (ONE FAMILY DWELLING) ZONE AND AN R-3-D (LIMITED MULTIPLE FAMILY DWELLING- ARCHITECTURAL DESIGN) ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE: The East Half of the Southeast Quarter of the Southwest Quarter of Section 13, Town- ship 29 South, Range 28 East, M.D.M., City of Bakersfield, County of Kern, State of California. .......... 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 20th day of February , 1980, by the following vote: CITY/~LERK and ./F-2R Officio Clerk of the council of the~City of Bakersfield APPROVED this 2__0~. day of February , -------~ of the cit~y of Bakersfield 1980 APPROVED as to form: ~~ o~ th~ city of Bakersfield CITY ATTORNEY PANORAMA DR STATE HWY 178 MICHAEL CALLAGY ZC E. END AUBURN ST FILE No 3383 R-I 8~ R-3-D to P UD Affiant of ost ng r uan es STATE OF CALIFORNIA, t County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting al~d qualified City Clerk of the City of Bakersfield; and that or~ ............................?..~.~.?.~_~._.r..~......2...~..,. ......................................................., 19.~_(~.... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the CounciI of said City at a meeting thereof duly held on ........ ~..e...~.~.~?:.~.~_....~_(~..~. ................................., 19....8...0..., which ordinance was numbere& ....... 25~t8 ................New Series, and entified: 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 NORTH SIDE OF THE EASTERLY EXTENSION OF AUBURN STREET AND MAKING FINDINGS IN CONNECTION WITH P.U.D. ZONE. lerk Subscribed and sworn to before me this ~h . day of ......~.e.~.~.~. ................ , 19 ~.o. ' ~Z~l NOfARy PUBLIC - CA/ FORNIA