HomeMy WebLinkAboutORD NO 3001ORDINANCE NO. 3001 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.06.020 OF
TITLE 17 OF THE MUNICIPAL CODE CHANGING THE
LAND USE ZONING OF THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD LOCATED ON BOTH
SIDES OF BRENTWOOD DRIVE, NORTH OF NILES
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
Bakersfield, the Planning Commission has held a public hearing on
a petition to change the land use zoning on the properties
hereinafter described; and
WHEREAS, the City Council has determined, after due
consideration of said application consisting 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 matters as required
by law, and after having considered the recommendations of the
Planning Commission, together with the reasons advanced at the
hearing for a change of zoning of the hereinafter-described
properties, that a zoning change 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
a P.U.D. to a Revised Planned Unit Development (P.U.D.);
2. That INTER-WEST DEVELOPMENT, 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 Revised
Planned Unit Development (P.U.~.) 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 sewer plan. (Building)
3) Buildings with floor area over 3,000 square feet above the
first story, required to be one hour construction throughout.
(Building)
4) Bodies of water 18 inches in depth are to be fenced.
(Building)
5) Provide dwelling unit identification signs per Ordinance 2682
for approval of the Building Director prior to Certificate of
Occupancy. (Building)
6) 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)
7) The parking required for this project has been computed as
follows:
52, three-bedroom x 2.5 = 130 spaces
84, two-bedroom x 2.33 = 196 spaces
28, one-bedroom x 1.83 = 52 spaces
TOTAL = 378 spaces
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Redesign parking to meet minimum ordinance requirements.
(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
unobstructed 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 fire hydrants to the satisfaction of
the Fire Department.
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 final
site plan approval or issuance of any building permit.
Water mains are to be installed per I.S.O. and City
requirements with dead end mains no less than 8" in
size.
Based upon available information fire flow requirement
may be 2,000 gallons per minute.
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)
Post the designated fire lane as required by the City
prior to occupancy of any portion of any building.
(Fire)
Provide the Fire Department with one
water plans prior to the issuance of
mit. (Fire)
set of approved
any building per-
Show site location relative to any known landmarks or
public streets. (Public Works)
Construct standards handicap ramps on all returns.
(Public Works)
On-site paving shall be a minimum of 2" Type B, A.C.
over 3" Class II A.B., or paving equivalent as approved
by the City Engineer. (Public Works)
Construct standard curbs, gutters, 40 feet of paving and
4.5-foot wide sidewalks on Brentwood Drive except for
the portion of Brentwood Drive adjacent to the drainage
basin. Construct standard curb, gutter, 20 feet of pav-
ing and 4.5-foot wide sidewalk on the south half of
Willis Avenue. Both streets shall have ultimate curb to
curb widths of 44 feet in 60-foot right-of-ways.
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A planned drainage area fee will be required prior to
issuance of a building permit. Planned drainage area
lines and facilities may be constructed in-lieu of pay-
ing the fee. (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. (Public Works)
Provide three (3) copies of the grading plan with soils
report to Public Works. These must be approved prior to
final site plan approval. The grading plan must also be
approved by the utilities adjacent to the development.
(Public Works)
The applicant shall provide a copy of the approved site
plan to the Public Works Department prior to issuanc eof
any permit for construction within the city right-of-way
(street, alley, or easement). (Public Works)
Engineered construction plans for the street, drainage
and sewer improvements shall be approved by the City
Engineer prior to site plan approval. (Public Works)
Dedication of the public streets shown shall be required
prior to final site plan approval. (Public Works)
Sewer service shall be provided to each unit.
Works)
(Public
The developer shall install five, 5,800 Lumen HPSV
street lights as shown on the plan. ~e shall pay all
costs in providing street lights, including furnishing
and installing all poles, conduits, wires, luminaires,
etc. (Public Works)
Water, gas, electrical, telephone, and cable TV service
shall be provided to each unit. (Public Works)
The developer shall pay all costs for furnishing traffic
control signs and sign posts which are necessary for the
present or future traffic control needs in or adjacent
to the development. These shall be paid for prior to
issuance of a building permit. (Public Works)
The developer shall pay for and install
size street name signs to be located as
plan. (Public Works)
two standard
shown on the
No occupancy of any unit will be permitted until all
required improvements have been completed and accepted
by the City. (Public Works)
Provide three cubic yard, front loading type refuse bins
on concrete pad per Standard ~S-43. (Sanitation)
The Sanitation Division must be contacted to work out
container locations that will allow safe collection.
(Sanitation)
Drive approaches shall be 42 feet top-to-top, centered
on the 30-foot wide drive aisle or 20-foot radius street
type curb returns may be used. Show on final plan.
(Traffic)
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Island at main entrance shall be no closer than 15 feet
from street flow line. There shall be a minimum width
of 15 feet of drive aisle on both sides of the divider
island. (Traffic)
The main entrance shall have 20-foot radius street-type
curb returns with wheelchair ramps. The secondary
entrance shall have a 42-foot drive approach centered on
the 25 to 30-foot wide drive aisle or may be 20-foot
radius curb returns as required at the main entrance.
(Traffic)
Two-way drive aisles shall be a minimum of 24 feet wide.
Where no right angle parking is adjacent show dimensions
on plan. (Traffic)
Two-way parking aisles shall be a minimum of 25 feet
wide to provide proper back-up space for right angle
parking. (Traffic)
Show typical parking stall dimensions (8t' x 20' is
standard with 25-foot backup aisle. (Traffic)
Handicap parking spaces shall be 9'x20'
unloading zone on right side of space.
plan where required. (Traffic)
with 5'x20'
Designate on the
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
conditins and an approved plan when applying for a drive
approach 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
P.U.D. Zone to a Revised Planned Unit Development (P.U.D.)
Zone of those certain properties in the City of Bakersfield,
being more particularly described as follows:
FROM A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE
TO A REVISED P.U.D. (PLANNED UNIT DEVELOPMENT)
ZONE CONTAINING 164 DWELLING UNITS CONSISTING
OF FIVE, ONE-STORY FOURPLEX UNITS, 18,
TWO-STORY EIGHTPLEX UNITS PLUS A SUMP SITE:
That portion of the West half of the northeast
Quarter of section 25, Township 29 South,
Range 28 East, M.D.B.&M., in the
Unincorporated area of the County of Kern,
State of California, as per the Official Plat
thereof on file in the Office of the Surveyor
General, described as follows:
Beginning at a point of intersection of the
west line of the Northeast Quarter and north-
erly of Niles Street, as same now exists;
Thence East along said Niles Street, 765.37
feet;
Thence North parallel with the west line of
said Northeast Quarter, 1,422.94 feet;
Thence West parallel with the south line of
said Northeast Quarter, 765.37 feet to the
west line of said Northeast Quarter;
Thence South along the west line of said
Northeast Quarter, 1,422.84 feet to the Point
of Beginning.
Containing 25 acres, more or less.
EXCEPTING THEREFROM that portion thereof
described as follows:
Commencing at a point of intersection of the
westerly line of the northeast Quarter of
said section and the northerly line of Niles
Street, as same now exists;
Thence North along said westerly line of said
section, 700 feet to a point;
Thence Easterly parallel to the northerly line
of said Niles Street, 435.37 feet;
Thence southerly parallel to the west line of
said Section 700 feet, more or less to a
point;
Thence westerly 435.37 feet, more or less, to
a Point of Beginning.
ALSO, except any portions thereof lying within
Niles Street.
ALSO, except that portion which lies westerly
of a line parallel with and 56.00 feet
easterly, measured at right angles, from the
following described surveyed reference line:
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Beginning at a point on the southerly line of
said Northeast Quarter, said point being North
89°53'06" East, 95.00 feet, measured along
said southerly line, from a found State of
California brass cap in handhole, set for the
center of said Section 25;
Thence North 00~37'49" East, 7,953.40 feet to
a point in the northerly line of Section 24,
Township 29 South, Range 28 East, Mount Diablo
Meridian, said last mentioned point being
South 89u54'29" East, 113.95 feet, measured
along the northerly line from a found four
inch iron pipe with cap, set at the North
Quarter corner of said Section 24, said point
also being 89v54'29" West, 2,546.03 feet,
measured along said northerly line from a
found four inch iron pipe with cap set at the
Northeast corner of said Section 24.
ALSO, except that portion currently being
negotiated for a possible drainage basin along
the South portion of the above described par-
cel being approximately 330 feet by 560 feet
and containing 4.2 acres, more or less, as to
this exception.
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.
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I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regu-
lar meeting thereof held on the 23rd day of Octobe~ , 198~, by
the following vote:
Council of the City of Bakersfield
APPROVED this 23rd day of OC%ober , 19 8___5
MAYOR of the City o3 B~kersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
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