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HomeMy WebLinkAboutORD NO 2488ORDINANCE NO. 2488 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 LOCATED ON THE NORTH SIDE OF SEA PINES DRIVE BETWEEN ~ELBOURNE LANE AND BARRINGTON 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 March 19, 1979, the City Council considered the following findings: 1. That the public necessity, convenience, general welfare zoning practice justify the change of zone from R-1 to and good P.U.D. 2. That Jack Balfanz, 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: 1. The above recitals are true and correct. 2. The Preliminary Development Plan and accompanying documents as submitted, are approved and adopted subject to the following conditions: 1) Landscape plan to be submitted, approved by final Planning staff and imlemented prior to final building inspection. 2) If buildings are to be sold as condominiums, a subdivision map shall be filed in accordance with the State Map Act and Bakersfield Subdivision Codes. 3) Curb, gutter, sidewalk, driveways and paving shall be installed to city standards. 4) Size and location of refuse bins to be deter- mined by the Sanitation Division of the Public Works Department. Bins are to be placed on concrete pads at grade level. Pads are to be a minimum of 8' x 6' x 4" in size. 5) 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 hydrants, hydrant burys, necessary bolts and gaskets, from the City of Bakersfield and pay the total cost thereof. Pursuant to Sections 13.301c and 13.301d of the Uniform Fire Code, water mains and fire hydrants to be installed by the developer shall be completed, tested and accepted prior to building construction. 6) 7) 8) Water mains to be I.S.O. and city requirements with dead-end mains no less than 8" in size. Based on available information, fire flow requirement may be 2000 GPM. Two fire hydrants required. Street name of Wimbledon Drive be changed to Sea Pines Drive on map and correct spelling of Barrington Street on east side of project. Plan to be redesigned without driveways onto Barrington Street due to traffic volumes anticipated to and from Ming Avenue. As shown in RED on file copy, all driveways shall be a minimum 20 feet (top-to-top) apart. Plan to be redesigned reflecting 20- foot minimum distance, or if two driveways are incorporated into one approach, a 36-foot (top-to-top) maximum is allowed. All driveways to be at right angles to the steets. Signing shall have Planning Commission approval prior to the obtaining of a permit and their installation. 3. The six findings as stated above are hereby adopted, including specifically a negative declaration of environ- mental impact in accordance with finding 4 above. 4. The Preliminary Development Plan is incorporated into this Zoning Ordinance by reference as fully as though set forth herein. 5. The Zoning Map is hereby ordered changed by identifying the area hereinafter described with the map symbol P.U.D. 6. 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 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: Amending the zoning boundaries from an R-1 (One Family Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone of that certain property in the City of Bakersfield located on the North side of Sea Pines Drive between Melbourne Lane and Barrington Street, being more particu- larly described as follows: From an R-1 (One FamilF Dwelling) Zone to a P.U.D. (Planned Unit Development) Zone: Commencing at the Southeast corner of Parcel "A" as shown on Parcel Map 4165, filed in Book 19 of Parcel Maps, at Page 21, in the Office of the Recorder of Kern County, State of California; said corner also being the True Point of Beginning; thence South 08026'00" West 262.58 feet to the beginning of a tangent curve concave to the East having a radius of 340.00 feet; thence Southerly, on and along said curve, through a central angle of 08°29'18", an arc distance of 50.37 feet; thence South 00°03'18" East 100.00 feet to the beginning of a tangent curve, concave to the East having a radius of 330.00 feet; thence Southerly, on and along said curve, through a central angle of 09005'09", an arc distance of 52.33 feet to a point of reverse curvature with a second curve concave North- westerly, having a radius of 20.00 feet from which point the radial point of said curve bears South 80051'33" West; thence Southwesterly, on and along said curve, through a central angle of 81°47'12", an arc distance of 28.55 feet; thence South 72038'45" West 14.07 feet, to the beginning of a tangent curve, concave to the North, having a radius of 385.00 feet; thence on and along said curve, through a central angle of 41048'07", an arc distance of 280.89 feet; thence North 65033'08" West 508.00 feet to the beginning of a tangent curve, concave to the Northeast having a radius of 20.00 feet; thence Northwesterly on and along said curve through a central angle of 90o00'00" an arc distance of 31.42 feet; thence North 24026'52" East 268.58 feet to the beginning of a tangent curve, concave to the Southeast, having a radius of 25.00 feet; thence on an along said curve, through a central angle of 29°35'31", an arc distance of 12.91 feet to a point of reverse curvature with a second curve, concave Easterly, having a radius of 90.00 feet, from which point the radial point of said curve bears North 35057'37" West; thence Northerly, on and along said curve, through a central angle of 85036'46", an arc distance of 134.48 feet to a point on a nontangent curve, concave Northeasterly having a radius of 2650.00 feet, from which point the radial point of said curve bears North 19011'45" East; thence Southeasterly on and along said curve through a central angle of 14048'30" an arc distance of 684.90 feet, more or less, to the True Point of Beginning. Containing 8.027 acres, more or less. .......... o0o .......... I HEREBY CERTIFY that the and adopted by the Council of the City of Bakersfield meeting thereof held on the 28th day of Mamch the following vote: foregoing Ordinance was passed at a regular , 1979, by CITY )fficio Clerk of the Council of the City of Bakersfield APPROVED this 28~ day of March ----- t~~ of Bakersfield , 1979 APPROVED as to form: CITY ATTORNEY of the/City of Bakersfield AVENUE C.~.'0 I I"- 200' I FILE 3171 Z.C. JACK BALFANZ N.E. of SEAPINE$ DR, Et MELBOURNE LN, R-I TO RU.D. STATE OF CALIFORNIA, I 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 ...................................................l~..a....r...Q..l)...._~.?. ........................................., 19.~.~_.. he posted on the Bulletin Board at the City Hall, a full, t~e and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .............................I~.~.~.~h....~.{} ....................., 19.....7...~.., which ordinance was numbered ...... 2~.8 .......... 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 LOCATED ON THE NORTH SIDE OF SEA PINES DRIVE BETWEEN MELBOURNE LAND AND BARRINGTON STREET AND MAKING FINDINGS IN CONNECTION WITH P.U.I). ZONE. /~ Cit y~~e rk Subscribed and sworn to before me this 2.~th _. day of ....... Ma~ch ..................,19..~9