HomeMy WebLinkAboutORD NO 3009ORDINANCE NO. 3009
NEW SERIES
AN ORDINANCE OF T~E COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.06.020 OF
TITLE 17 OF THE MUNICIPAL CODE C~ANGING THE
LAND USE ZONING OF THAT CERTAIN PROPERTY IN
THE CITY OF BAKERSFIELD LOCATED ON THE NORT~
SIDE OF COLLEGE AVENUE, 800 FEET EAST OF
FAIRFAX AND MAKING FINDINGS IN CONNECTION
WITH A P.U.D. ZONE.
WHEREAS, in accordance with Title 17 of the Municipal
Code of the City of Bakersfield, the Planning Commission held a
public hearing on a petition to change the land use zoning on the
property hereinafter described, and on appeal therefrom a hearing
was held before this Council; and
WHEREAS, the City Council has determined, as a result of
its hearing and after due consideration of said application con-
sisting of a Preliminary Development Plan indicating the matters
required by Section 17.52.020 of the Municipal Code, together with
a plot plan, map and a statement pertaining to density, estimated
population and conformance to the General Plan, and all other mat-
ters as required by law, and after having considered the recommen-
dations of the Planning Commission, that a zoning change for the
hereinafter described property should be authorized; and
WHEREAS, the city Council has considered and hereby
makes the following findings:
1. That the public necessity, convenience, general
welfare and good zoning practice justify the change of zone from
an R-2 (Limited Multiple Family) Zone to a Planned Unit
Development (P.U.D.);
2. That S. W. HAIR CONSTRUCTION, 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 (P.U.D.)
substantially 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 surrounding residential neighborhood which is of similar
design and density, and that the foregoing facts warrant a
negative declaration of environmental impact.
5. That the development, as proposed, constitutes a
harmonious, integrated plan and justifies exceptions from the
normal application of the Municipal Code.
6. That the area proposed for rezoning to a Planned
Unit Development (P.U.D.) zone is in excess of one (1) acre as
required by Section 17.52.090 of the Municipal 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 additions to the plan:
1. Show compliance with all handicap requirements as per
State Code. (Building)
2. Provide an on-site utility plan. (Building)
3. Buildings with floor area over 3,000 square feet above
the first story, required to be one hour fire resistive
construction throughout or equal. (Building)
4. Provide dwelling unit identification signs per Ordinance
2682 for approval of the Building Director prior to
Certificate of Occupancy. (Building)
5. Bodies of water 18" or more in depth are to be fenced.
(Building)
6. Overlooks from the second floor or higher into R-1 zoned
property must be architecturally screened as per attached
"Resolution No. 57-82". Screening proposals must be
approved by the Planning Department prior to final site
plan approval. (Planning)
10.
11.
12.
13.
14.
15.
16.
17.
18.
A landscape and irrigation plan shall be submitted to the
Planning Department for approval prior to final site plan
approval and approved landscaping shall be installed
prior to final building inspection or occupancy of any
building. (Planning)
The parking required for this project has been computed
as follows:
12, 3 bedroom units at 2-1/2 spaces per unit = 30 spaces
312, 2 bedroom units at 2-1/3 spaces per unit = 728 spaces
104, 1 bedroom units at 1-5/6 spaces per unit = 190-2/3 spaces
TOTAL PARKING REQUIRED 949 spaces
Parking and drives within ten feet of R-1 Zoned property
requires a six foot block wall. (Planning)
Designate a fire lane, per City requirements, as shown on
the attached site plan. Please indicate spacing between
signs to meet city standards. (Fire)
Show all fire hydrant locations and required fire flows
on site plan. (Fire)
All streets and access roads to and around any building
under construction must be at least 20 feet of uno-
bstructed width and graded to prevent ponding at all
times. Barricades must be placed where ditches and bar-
riers exist in roadways. Emergency vehicle access must
be reliable at all times. (Fire)
Provide seventeen fire hydrants as shown on the attached
plan. (Fire)
Water mains are to be installed per
requirements with dead end mains no
(Fire)
I.S.O. and city
less than 8" in size.
Based upon available information fire flow requirement
may be 2,000 gallons per minute. (Fire)
Under Resolution No. 68-78 and Municipal Code Sections
16.32.070(A) and 16.32.070(B): All subdividers and all
persons otherwise required to furnish fire hydrants are
hereby required to purchase the required fire hydrants,
hydrant burys, necessary bury extensions and all neces-
sary bolts and gaskets from the City of Bakersfield and
install all hydrants no more than 6" above permanent line
and grade and pay the total cost thereof. (Fire)
Pursuant to Sections 10.301c and 10.301d of the Uniform
Fire Code, water mains and fire hydrants to be installed
shall be completed, tested and accepted prior to issuance
of any building permit. (Fire)
Post the designated fire lane as required by the City
prior to occupancy of any portion of any building.
(Fire)
Provide the
water plans
(Fire)
Fire Department with one set of approved
prior to the issuance of any building permit.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
Construct standard handicap ramps on all returns.
(Public Works)
Sidewalks (minimum 4.5' wide) shall be constructed on the
interior streets. (Public Works)
Curb returns on College Avenue shall have 30' radii.
(Public Works)
Interior street construction shall conform to City stan-
dards. (Public Works)
If the project is to be phased, then with the first phase
of development, the applicant shall construct College
Avenue to tie into existing paving within the boundaries
of his development. ~e shall also construct College
Avenue from its centerline south to tie into existing
paving from his west boundary to tie into existing full
width paving approximately 450 feet west of Fairfax Road.
(Public Works)
Show the location of the intersections on the south side
of College Avenue. (Public Works)
Install two, 9,500 lumen HPSV street lights as shown.
Installation is to be to City standards. Developer is to
pay all costs in providing street lights, including fur-
nishing and installing all street light poles, conduits,
wires and luminaries. (Public Works)
There shall be a waiver of direct access rights to
College Avenue except at the two private streets shown.
(Public Works)
The private streets shall be labeled and POSTED as pri-
vate streets. (Public Works)
Standards require at least a 44 foot flowline to flowline
width on the interior street because of length and traf-
fic volume. (Public Works)
A sewer connection fee shall be paid prior to issuance of
a building permit. The fee will be based on the current
adopted charges at the time of issuance of the building
permit. A drainage fee of $1,690/Acre shall be paid
prior to issuance of building permit. (Public Works)
Obtain a permit from Public Works prior to any work
within the City right-of-way (street, alley, or
easement). Submit a copy of the approved site plan when
applying for any permit. (Public Works)
Provide three copies of the grading plan with soils
report to Public Works. These must be approved prior to
final site plan approval. Grading plan must be approved
by P.G.&E. prior to issuance of a building permit.
Improvements required for the $halimar PDA may be con-
structed in-lieu of paying a portion of the drainage fee.
The soil report shall include R-Values for the roadway
areas. (Public Works and Building)
4
32.
Engineered improvement plans for the storm drain improve-
ments and College Avenue street improvements shall be
approved by the City Engineer prior to issuance of a
building permit. (Public Works)
33.
If the landscaping along College Avenue is to be main-
tained by Maintenance District No. 8, the landscape strip
shall be deeded in fee to the City and landscape and
irrigation plans approved prior to issuance of a building
permit. (Public Works)
34. Show location and type of trash bins. (Sanitation)
35.
Provide 42 foot wide drive approaches as shown on the
attached plan. Center drive approach on the drive aisle
or use 20 foot radius street-type curb returns.
(Traffic)
36. Two-way drive aisles shall be a minimum of 24 feet wide.
Show on plan. (Traffic)
37.
Two-way parking aisles shall be a minimum of 25 feet wide
to provide proper back-up space for right angle parking.
Show on plan. (Traffic)
38. Show typical parking stall dimensions (8½' x 20' is
standard). (Traffic)
39.
Handicap parking spaces shall be 9'x20' with 5'x20'
unloading zone on right side of space. Show on plan if
applicable. (Traffic)
40.
Show on the site plan the street intersections south of
College and their distance to the access roads to this
project. There shall be a minimum of 150 feet separating
intersections (private and public streets), or the pri-
vate street may intersect College at existing intersec-
tions. (Traffic)
41.
Parking stalls where aisles intersect at acute angles are
invalid because they are inaccessible. Revise plan to
resolve this problem. (Traffic)
42.
A permit from the Public Works Department is required
before installation of a drive approach. The developer
or contractor shall bring a copy of the site plan review
conditions and an approved plan when applying for a drive
approach permit. (Traffic)
43. Pay for traffic control signs prior to issuing building
permit. (Traffic)
C. The six (6) 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
Planned Unit Development (P.U.D.).
F. Section 17.06.020 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 a
R-2 (Limited Multiple Family) 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-2 (LIMITED MULTIPLE-FAMILY DWELLING)
ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT),
CONSISTING OF 52 ONE AND TWO-STORY STRUCTURES
FOR A TOTAL OF 428 CONDOMINIUM UNITS:
All that portion of Parcels 2, 3 and 4 of
Parcel Map 4921 recorded October 27, 1978 in
Book 21 of Parcel Maps at Page 156, in the
City of Bakersfield, County of Kern, State of
California, more particularly described as
follows:
Beginning at the southwest corner of said
Parcel 4;
Thence N 0°07'17" E along the west line said
Parcels 4 and 3, a distance of 1,328.45 feet to
a point on the southerly line of Parcel 2 of
said parcel map;
Thence N 89°45'15" E along said southerly line,
a distance of 73.69 feet to the beginning
point of a 330.00 foot radius non-tangent
curve, from which point the center of said
curve bears N 76°37'04" E;
Thence northwesterly along said curve through
a central angle of 3°32'33", a distance of
20.403 feet to a point lying 20.00 feet north
of as measured at right angles to the easterly
extension of the southerly line of said Parcel 2;
Thence N 89°45'15" E parallel to said south
line, a distance of 737.91 feet to a point of
intersection with the east line of said Parcel 3;
Thence S 0~45'58" E along the east line of
said Parcels 3 and 4, a distance of 706.53
feet;
6
Thence $ 0030'09" W along the east line of
said Parcel 4, a distance of 641.00 feet to a
point of intersection with the south line of
the southwest 1/4 of section 24, T.295.R.28E.,
M.D.B.&M.;
Thence S 89°41'08" W along
line, a distance of 814.14
of Beginning.
last named south
feet to the Point
Containing 25.17 acres more or less;
subject to limitations and conditions upon development set forth
as conditions in Resolution No. 128-85.
This ordinance shall be posted in accordance with the
City charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Ordinance
and adopted by the Council of the City of Bakersfield at
lar meeting thereof held on the 20th day of November ,
the following vote:
was passed
a regu-
1985, by
J~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this 20t. h day of November , 1985
MAYOR of the City o~ Bakersfield
APPROVED as to form:
CITY AT~I~RNEY of t~ne ~ity of Bakersfield
AJS/bl
O.ZC.HAIR 7
~/N ZC 4,~11 R'-2 TO PL/D
ORTH $TEPHE/V ~ h'Al~
N. of COLLEGE E. of FAIRFAX
Affh au ! of ]ost ng ( rh uan es
STATE OF CALIFORNIA
County of Kern
SS.
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on November 27, , 19 85 , she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on November 20 , 19 85 , which ordinance
was numbered 3009 New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD
ADsENDING SECTION 17.06.020 OF TITLE 17 OF THE MUNICIPAL
CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN
PROPERTY IN THE CITY OF BAKERSFIELD LOCATED ON THE
NORTH SIDE OF COLLEGE AVENUE, 800 FEET EAST OF FAIRFAX
AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. ZONE.
City Clerk
Subscribed and sworn to before me this
.27.t.h.. day of .......Ko. xcembe.r ....................,19.
A FAY GAFFORD
~$OTARY PUBLIC - CALIFORNIA I~
KERN COU~
~es