HomeMy WebLinkAboutORD NO 3154ORDINANCE NO. 3154
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.06.020 OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE LAND USE ZONING OF
THOSE CERTAIN PROPERTIES IN THE CITY OF
BAKERSFIELD LOCATED APPROXIMATELY 500 FEET
NORTH OF EAST NILES STREET AND 400 FEET
WEST OF PARK DRIVE FROM A P.U.D. (PLANNED
UNIT DEVELOPMENT) ZONE TO A REVISED P.U.D.
(PLANNED UNIT DEVELOPMENT) 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 of that certain property
in the City of Bakersfield hereinafter described; and
WHEREAS, the City Council has determined after due con-
sideration of said application consisting of a Preliminary
Development Plan indicating the matters required by Section
17.54.030 of the Municipal Code, together with a plot plan, map
and a statement pertaining to allowable uses 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:
That the public necessity, convenience, general welfare
and good zoning practice justify the change of zone from
a P.U.D. (Planned Unit Development) Zone to a Revised
P.U.D. (Planned Unit Development) Zone;
That the applicant intends 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 substantially
conforms to the General Plan;
That a Negative Declaration was duly filed and posted.
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, will
be in harmony with the surrounding residential neighbor-
hood which is of similar design and density, and that
the foregoing facts warrant a negative declaration of
environmental impact.
That the development, as proposed, constitutes a harmoni-
ous, integrated plan and justifies exceptions from the
normal application of the Bakersfield Municipal Code;
7. That the area proposed for rezoning to a P.U.D. Zone is
in excess of one (1) acre as required by Section
17.54.110 of the Bakersfield Municipal Code;
That the project qualifies for Density Bonus Incentatives
as required by Government Code Section 65915.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
1. All of the foregoing recitals are hereby found to be
true and correct.
2. An environmental assessment was made of the project,
and a Negative Declaration was adopted by the Planning Commission
after a public hearing thereon, and this Council hereby approves
and adopts the Negative Declaration pursuant to CEQA for this pro-
ject.
3. The Preliminary Development Plan and accompanying
documents, as submitted, are approved and adopted into this Zoning
Ordinance as though set forth herein.
4. Subject to all conditions set forth in Exhibit "A",
attached hereto and incorporated herein by reference, Section
17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be and the same is hereby amended by changing the land
use zoning of certain properties in said City, the boundaries of
which properties are shown on the map hereto attached and made a
part hereof, as follows:
- 2 -
FROM A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE
TO A REVISED P.U.D. (PLANNED UNIT DEVELOPMENT)
ZONE TO ALLOW THE CONSTRUCTION OF A 284-UNIT
SENIOR CITIZENS HOUSING PROJECT CONSISTING OF
TEN, TWO-STORY SIXTEEN PLEX STRUCTURES, EIGHT,
TWO-STORY EIGHT PLEX STRUCTURES, TEN, ONE AND
TWO-STORY SIX PLEX STRUCTURES, AND ASSOCIATED
RECREATION BUILDING AND AMENITIES ON
APPROXIMATELY 9.8 ACRES:
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
Northeast Quarter, 1,422.84
of Beginning.
line of said
feet to the Point
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;
- 3 -
Thence Easterly parallel to the northerly line
of said Niles Street, 435.37 feet;
Thence Southerly parallel to the west line
said Section 700 feet, more or less to a
point;
of
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:
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 Base & Meridian, said last mentioned
point being South 89° 54' 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 89° 54' 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 parcel
being approximatley 330 feet by 560 feet and
and containing 4.2 acres, more or less, as to
this exception.
SECTION 2.
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 was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on April 13, 1988 , by the
following vote:
AYES: COUNCILMEMBERS: CHILDS. DeMOND. SMITH, RAT'~i PEI~q~ON, McDERMOTT ~LVAGGIO
NOE~: COUNCIL,M~iRERS. None
~BSENT. COUN~,t'. MEMBERS: None
ABSTAINING: CUUNC~LMEMBER~: None
CITY '~/an~E~ O/f~l~io Cl'erk of
Council of the City of Bakersfield
APPROVED April 13, 1988
MAYOR of the City or-Bakersfield
APPROVED as to form:
CITY ATTOR Bakersfield
AJS/meg
Attachment
00RD 5
ZC.PUD1
3/22/88
Zone Change 4718
Staff Report, Page 1
EXHIBIT "A"
RECOMMENDED DISCRETIONARY CONDITIONS:
1. At ].east 25% of the second floor units shall be serviced with
elevators.
2. At least 25% of the first floor units shall be designed to accommodate
handicapped residents.
Bus facilities shall be provided either on-site or be immediately
accessible to the site. The location of said bus facilities shall be
worked out with the Golden Empire Transit District and shall be inte-
grated into the design of the project prior to issuance of building
permits.
walls or other screening devices, to the satisfaction of the Planning
Director, shall be provided between carport parking stalls and adja-
cent bedroom windows.
If the heating and air conditioning units are roof mounted. The roof
design of the project shall be such that "add on" roof screens are not
necessary to adequately hide said units from view.
Roofing material shall be spanish style tile or similar treatment to
be approved by the Planning Director.
7. Exterior finish shall be a mortar wash or similar texture to be
approved by the Planning Director.
8. The recreation hall shall have a full, equipped kitchen facility.
A covenant shall be recorded restricting the age of at least one occu-
pant of each unit to 62 years or older. Said covenant shall be
recorded prior to issuance of a building permit.
10.
An agreement shall be entered into with the City to ensure that the
intent of the Density Bonus Incentive is complied with. The agreement
shall be subject to the approval of the City Attorney and finalized
prior to issuance of a building permit.
11.
The recreation hall and associate amenities shall be constructed with
the first phase of development.
12.
The future service area shall be seeded with a lawn seed to be
approved by the Planning Director and maintained until such time as
said future area develops. Development of the future area will
require a separate P.U.D. application.
Exhibit "A"
Zone Change 4718
Page 2
ORDINANCES AND POLICIES AS REQUIRED BY SITE PLAN REVIEW
The proposed Site Plan Review conditions are broken into three categories:
"A" CONDITIONS: This category contains conditions that require specific
alterations to your plans. These changes must be reflected on the plans
required by the Building Department for plan check. THE BUILDING
DEPARTMENT WILL NOT BEGIN PLAN CHECK UNTIL ALL "A" CONDITIONS ARE CORRECTLY
INDICATED ON THE PLANS SUBMITTED FOR PLAN CHECK.
"B" CONDITIONS: This category consists of conditions that must be satis-
fied before the Building Department will begin checking plans submitted for
plan check.
"C" CONDITIONS: This category consists of informational notes that might
be helpful to you. It also contains conditions that must be satisfied
sometime after plan check is begun. The deadline for complying with
each of these conditions is specified in the condition.
"A" CONDITIONS - REQUIRED PLAN CORRECTIONS
Designate a fire lane, per City requirements, as shown on the attached
site plan. Please indicate spacing between signs to meet City stan-
dards. (Fire)
2. Show all fire hydrant locations and required fire flows on site plan.
(Fire)
3. Street return type approach(es), if used, shall have 20' radius
returns with a 60' throat width. (Traffic Engineering)
Show typical parking stall dimensions (8½' x 20' standard, 7½ x 15'
compact) and show which spaces (if any) are compact. (Traffic
Engineering)
Show typical handicap parking space with dimensions of 9'x20' with a
5'x20' unloading zone on either side of space. Two handicap spaces
may share a common unloading zone between them. Handicap spaces shall
be located so that disabled persons are not required to travel behind
any vehicle other than their own. (Traffic Engineering)
6. Locate gate at least 50' behind flowline of curb per City of
Bakersfield standard for private gates. (Traffic Engineering)
7. Show on the plan the site location relative to known landmarks, dedi-
cated streets, and recorded subdivisions. (Public Works)
8. Show on the plan two approved means of dedicated, improved access to
the project site. (Public Works)
Exhibit "A"
Zone Change 4718
Page 3
On-site paving shall be a minimum of 2" Type B asphalt concrete over
3" Class II aggregate base, or a paving equivalent as approved by the
City Engineer. (Public Works)
10. If private gates are used, they shall conform to City Standard S-42.
(Public Works)
11. The island at the main entrance shall be no closer than 15 feet from
the street flow line. There shall be a minimum of 15 feet of drive
aisle on both sides of the divider island. (Public Works)
12.
13.
14.
15.
16.
The main entrance shall have 20' radius street-type curb returns with
handicap ramps. Any secondary access entrances shall have either a
42' drive approach centered on a 25' to 30' wide drive aisle or 20'
radius curb returns as required at the main entrance. (Public Works)
Two-way drive aisles shall
angle parking is adjacent.
Works)
be a minimum of 24' wide where no right
Show the dimensions on the plan. (Public
Two-way parking aisles shall be a minimum of 25' wide to provide
proper backup space for right angle parking. (Public Works)
Show typical parking stall dimensions (8-1/2' x 20') is standard with
25' backup aisles. (Public Works)
Handicap parking shall be 9' x 20' with 5' x 20' unloading zone adja-
cent on the right side of spaces. Designate on the plan where they're
required. (Public Works)
"B" CONDITIONS - CONDITIONS REQUIRING I~EDIATE ATTENTION
Contact Fire Safety Control Division, 1729 - 22nd Street, (Fire
Prevention Bureau), for fire and safety requirements. Provide one
of plans to Fire Safety Control (Fire Marshal, 326-3951). (Fire)
set
Install eight fire hydrant(s) as shown on attached plan prior to final
site plan approval. (Fire)
Provide three copies of the grading plans with two copies of the pre-
liminary soils report to the Building Department. (Engineering
Services and Building)
Show how site is to be drained. (Engineering Services and Building)
A landscape and irrigation plan shall be submitted to the Planning
Department and approved before Building Department will begin plan
check. (Planning)
The Sanitation Division must be contacted to work out an alternate
solution that will allow safe collection. (Sanitation)
Exhibit "A"
Zone Change 4718
Page 4
Dedication of 60' of right-of-way shall be required for the street on
the east side of the project.
Dedication of a minimum of 40' of right-of-way shall be required for
the street on the north side of the project. Dedication shall be
required to the west line of the easement area shown on the Plan.
Dedications shall be submitted to and approved by the City Engineer
prior to final site plan approval. (Public Works)
6. Minimum improvements on a required second access shall be a 24' paved
width with 8' wide graded shoulders. (Public Works)
7. Engineered sewer construction plans shall be submitted to and approved
by the City Engineer for all lines within the public rights-of-way
prior to final development plan approval. (Public Works)
Engineered construction plans for all public street and drainage
improvements shall be submitted to and approved by the City Engineer
prior to final development plan approval. (Public Works)
An engineered grading plan and soils report must be submitted to and
approved by the City Engineer and by the utilities adjacent to the
development prior to final development plan approval. (Public Works)
"C" CONDITIONS - MISCELLANEOUS AND INFORMATIONAL CONDITIONS
All streets and access roads to and around any building under con-
struction must be at least 20 feet of unobstructed width and graded to
prevent ponding at all times. Barricades must be placed where ditches
and barriers exist in roadways. Emergency vehicle access must be
reliable at all times. (Fire)
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 necessary
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)
3. Post the designated fire lane as required by the City prior to occu-
pancy of any portion of any building. (Fire)
Exhibit "A"
Zone Change 4718
Page 5
11.
12.
13.
14.
Provide the Fire Department with one set of approved water plans prior
to the issuance of any building permit. (Fire)
Contact Building Department for any proposed signage. Review does not
include signage. A separate permit is required for all new signage,
including construction signs. (Building)
Show compliance with all handicap requirements as per State Building
Code. (Building)
A final soils report shall be submitted prior to issuance of a build-
ing permit. (Building)
An Acoustical Consultant shall design the structures within the pro-
ject to mitigate noise exposures of 60 db or greater in accordance
with the CNEL contours and Title 24 of the California Administration
Code. (Building)
Provide dwelling unit identification signs/plans for approval by the
Building Department. (Building)
School district fees will be assessed at the time of issuance of a
building permi~ at the rate of $1.50 per square foot of conditioned
space on residential construction and at the rate of $0.25 per square
foot of covered and/or enclosed space on commercial or industrial
construction. (Building)
Residential structures exceeding 3,000 square feet on second floor
shall be one hour fire resistive construction throughout. (Building)
The parking required for this project has been computed as follows:
284 units/3 = 95 spaces
Plus provide an additional 56,800 sq.ft. of open space that
converted to parking in the future. (Planning)
could be
Approved landscaping shall be installed prior to final building
inspection or occupancy of any building. Landscape inspections are on
Fridays. Call Mike Lee at 326-3733 prior to the Friday you wish your
inspection. (Planning)
The Habitat Conservation Plan fee for this project has been computed
to be $6,664 based on a fee which is now $680 per acre. This fee must
be paid prior to issuance of a building permit. This fee may change
in the future based on studies being conducted so the actual amount
due will depend on the fee schedule in effect at the time of issuance
of the building permit. (Planning)
Exhibit "A"
Zone Change 4718
Page 6
15.
16.
17.
18.
19.
20.
21.
Construct standard curb and gutter, street paving, 5.5' wide sidewalks
on both sides of the N-S street adjacent to the site. Curb to curb
width shall be 44 feet.
Construct standard curb and gutter, street paving, 5.5' wide sidewalks
on the south side of the E-W street adjacent to the site including to
the west line of the easement area with an ultimate curb to curb width
of 44 feet in an ultimate 60' right-of-way. Said construction shall
be with the first phase of development. (Public Works)
Construct standard handicap ramps at all curb returns. (Public Works)
A planned drainage area fee shall be paid prior to issuance of a
building permit. The fee shall be $2,100 per ~ross acre and shall
include the easement and unassigned areas shown on the plan. Planned
drainage area lines and facilities may be constructed in-lieu of pay-
ing the fee.
In accordance with the letter of understanding dated September 3,
1985, the developer shall receive a credit of $19,750 towards the
Pioneer Planned Drainage Area fees which are assessable against the
project area. (Public Works)
Sewer service shall be provided to each unit. (Public Works)
Sewer connection fees 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)
Five standard 5,800 lumen HPSV street lights shall be installed within
the street right-of-way with construction of the first phase as
follows: at the southeast corner of the project; approximately midway
between the southeast corner of the project and the E-W street; the
south end of the southwest curb return at the street intersection; on
the south side of the E-W street approximately midway between the
intersection and the northwest corner of the project; and at the
northwest corner of the project. The developer shall pay all costs in
energizing the lights and in providing all street lights, including
furnishing and installing all poles, conduits, wires, luminaries, pull
boxes, etc. (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)
22. The developer shall pay for and install two standard size street name
signs. (Public Works)
Exhibit "A"
Zone Change 4718
Page 7
23. No occupancy of any unit will be permitted until all required improve-
ments have been completed and accepted by the Cit~. (Public Works)
24.
Prior to start of construction of the public improvements, the devel-
oper shall enter into an improvement agreement with the City and post
approved security to guarantee their construction or obtain a permit
from the City and post an appropriate cash deposit to guarantee their
completion. (Public Works)
25.
A permit from the Public Works Department is required before installa-
tion of a drive installation of a drive approach. The developer shall
provide a copy of the site plan review conditions and an approved plan
when applying for a drive approach permit. (Public Works)
a/zc4718
Zone Change
4718
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STREET
HOLLIS A. THEIL, A.I.A. & ASSOC.
P.U.D. TO P.U.D.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfield; and that on the
deposes and says:
acting and qualified City Clerk of the City
15th day of April , 1988 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3154 , passed by the Bakersfield
City Council at a meeting held on the 13th day of April , 198:3 ,
and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.06.020 OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE LAND USE ZONING OF
THOSE CERTAIN PROPERTIES IN THE CITY OF
BAKERSFIELD LOCATED APPROXIMATELY 500 FEET
NORTH OF EAST NILES STREET AND 400 FEET
WEST OF PARK DRIVE FROM A P.U.D. (PLANNED
UNIT DEVELOPMENT) ZONE TO A REVISED P.U.D.
(PLANNED UNIT DEVELOPMENT) ZONE.
CAROL WILLIAMS
CITY CLERK of t~e City~f Bakersfield
DEPU~i%y C~erk /
NSAOPD