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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 10 11) 12 13) 14) 15) 16) 17) 18) 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. 3 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) 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) 4 34) 35) 36) 37) 38) 39) 40) 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: 6 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. .......... o0o .......... 7 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 bl O.ZC-INT 8 I ! .... ~ON]EREY J Z 0 ~/NORTH 1":200' ZC 4325 PUD to PUD INTER-WEST DEK INC