HomeMy WebLinkAboutORD NO 3172ORDINANCE NO. 3172
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
THAT CERTAIN PROPERTY IN T~E CITY OF BAKERS-
FIELD LOCATED ON THE NORTH SIDE OF AUBURN
STREET, APPROXIMATELY ONE-HALF MILE EAST OF
FAIRFAX ROAD, AND COMMONLY KNOWN AS 6200
AUBURN STREET, 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 property, 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; and
That the applicant intends to start construction within
two and one-half (2-1/2) years from the effective date
of the zone change; and
That the proposed Planned Unit Development substantially
conforms to the General Plan; and
After a preliminary environmental assessment, the staff
determined the project would not have a significant
adverse effect on the environment. A Negative Declaration
was posted and advertised January 8, 1988; and
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, and
that the foregoing facts warrant a negative declaration
of environmental impact; and
That the development, as proposed, constitutes a harmoni-
ous, integrated plan and justifies exceptions from the
normal application of the Bakersfield Municipal Code; and
That the area proposed for rezoning to a Revised P.U.D.
Zone is in excess of one (1) acre as required by Section
17.54.110 of the Bakersfield Municipal Code; and
That the proposed density of development is within the
limits allowed by the General Plan; and
Substantial buffering is proposed between the project and
sensitive residential land uses to the north and west.
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, and this Council hereby approves and adopts
the Negative Declaration pursuant to CEQA for this project.
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, and the
additional conditions proposed by the applicant and set forth in
paragraph 5., on pages 3 and 4 hereof, 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
property in said City, the boundaries of which property is shown
on the map hereto attached and made a part hereof, as follows:
FROM A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE
TO A REVISED P.U.D. (PLANNED UNIT DEVELOPMENT)
ZONE:
Parcels 1, 2, 3 and 4 of Parcel Map 5774, City
of Bakersfield, County of Kern, State of
California, as per map recorded Feburary 22,
1980 in Book 24 of Parcel maps at Page 147, in
the Office of the County Recorder of said County
5. The Revised P.U.D. zoning is subject to the following
seven conditions proposed by the applicant:
Adjoining Perimeter and Wall. A masonry wall
will be constructed along the property lines
on the west and the north boundaries. The
wall will be seven feet in height and will
include security lighting directing light
away from adjoining properties. The masonry
wall will be constructed either during or
after the grading of the property and prior
to construction of any improvements.
Jogging Path/Landscaped Area. A five-foot
wide jogging path will be constructed along
the inside of the wall along the perimeter
of the west, north and east boundaries. A
professionally landscaped green area, with
a minimum width of 7 feet, will be planted
and maintained adjacent to the jogging path.
Landscaped Area. The landscaped area
referred to in condition b., above, will
be prepared by a professionally licensed
landscape architect and will consist of
a variety of ground coverings, shrubs,
trees, plants and other vegetation con-
dusive to the Bakersfield climate that do
not encroach onto the adjoining properties.
Applicant will notify the adjacent property
owners of the types of vegetation proposed
for the landscaped area and will give the
adjacent landowners an opportunity to review
the types of vegetation to be used.
One Way Drive/Reduced Parking. A portion of
the parking lot directly adjacent to the west
boundary of the project will be modified to
provide only one-way drive access, to be
regulated by a tire puncture device or similar
device at the entrance of this one-way drive.
A portion of the parking on the west side of
the project will be designated and enforced as
guest and compact parking.
Rules and Regulations. Rules and regulations
governing the activities in the development
will be established and enforced. These rules
and regulations will prohibit working on cars
except in designated areas of the project. The
rules and regulations will also require that
all tennis court lights be turned off automat-
ically after 10:00 in the evening.
Construction. Construction on improvements
shall not commence before 8:00 A.M. on weekends.
Reduced Units. Applicant will delete 16
additional 411 square foot units from the
development, and will reduce the parking on
the project in accordance with the reduced
unit mix. No dwelling unit in the project
shall be less than 500 square feet in size.
No parking shall be permitted on the north
side of the northern drive aisle.
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 ..........
- 4 -
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regula~
meeting thereof held on __ j~]y 27, 19~ , by the
following vote:
.,.YES: COUN,?IL~SMBERS' CH~LOS. OcMOND. ~1:~. ~-~,TI~ P¢_T~'~'J~)N ~.d;D[RMOr] b,LvAGGIO
NOES COU~ ]~]E"?Fq3 SMITH
ABSTAINING C;.~U NClLMEMBE RS:N~
Deputy CITY CLERK and Ex OffiCio Clerk of
Council of the City of Bakersfield
the
APPROVED J~ly 27, ]gRR
MAYOR of the City of 'Bakersfield
APPROVED as to form:
~ o~f Bakersfield
AJS/meg
Attachments
Exhibit "A"
Zoning Map
O ORD 5
ZC.NICHOL1
6/28/88
EXHIBIT A
PLANNED UNIT DEVELOPMENT:
1) All structures with a potential to provide a view into
rear yards of the homes to the north and west shall be
architecturally screened to the satisfaction of the
Building and Planning Directors. It is the responsibil-
ity of the applicant to contact the Planning Department
at such time, during the construction phase, as the sec-
ond stories are framed. The intent is to give a Staff
Planner the opportunity to perform a visual inspection
of the residences to the north and west from the second
story window locations and make a determination if addi-
tional screening measures are necessary.
2) A six foot high masonry wall shall be required along the
east, north and west property lines, said wall design
shall be to the satisfaction of the Planning Director.
3) Security lighting for the project shall be oriented
toward the interior of the project and be directed away
from adjacent residences.
4) If the developer phases development, then all recrea-
tional facilities, amenities and the perimeter wall and
landscaping shall be constructed with the first phase of
development.
5; prior to issuance of any building permit the developer
will enter into an agreement with the City of
Bakersfield and post approved security to guarantee pay-
ment of his share of costs involved in traffic signal
construction of the following intersection:
Auburn Street and Fairfax Road -- Anticipated
participation is 27% of $100,000 or $27,000.
Payment shall be made to the City upon demand at the
time said funds are required for signal construction.
6; Prior to city Council approval of this zone change, the
developer shall enter into an improvement agreement and
post approved security to guarantee construction of
Auburn Street adjacent to his site. Construction shall
be completed within six months of the execution date of
the agreement. The remaining street improvements shall
be completed prior to occupancy of any unit.
Attachment for Zone Change 4709
Site Plan Review Conditions
"A" CONDITIONS: This category contains conditions that require specific
a t~ons 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.
1. 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. Overlooks from the second floor or higher into R-1 zoned property must
be architecturally screened as per attached ,,Resolution No. 120-85."
Screening proposals must be approved by the Planning Department prior
to final site plan approval before Building Department will begin plan
check. (Planning)
3. Show masonry wall as indicated on attached plan. (Planning)
4. Show as existing or proposed all curbs, gutters, sidewalks, paving,
utility poles, utility easements, fire hydrants, street lights,
sewers, traffic signal devices, etc. (Engineering Services)
5. Show standard handicap ramps on all returns. (Engineering Services)
6. Show proposed connection(s) to a public sewer. (Engineering Services)
7. Show on-site paving with a minimum of 2" Type B, A.C. over 3" Class II
A.B., or paving equivalent as approved by the City Engineer.
(Engineering Services)
8. Show curb, gutter, street paving, 5.5' wide sidewalk to City standards
on all streets. (Engineering Services)
g. Show dedicated street alignment. Additional dedication will be
required. (Engineering Services)
10. Show three, 6' x 8' refuse bin locations as shown on attached plans.
(Sanitation)
11. Show two-way drive aisles with a minimum width of 24 feet. (Traffic
Engineering)
t2. Show two-way parking aisles with a minimum width of 25 feet to provide
proper back-up space for right angle parking. (Traffic Engineering)
13. 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)
Attachment
Zone Change 4709
Page 2
14. At entrance, use 15' one-way aisles with 24' top-to-top width drive
approaches separated by a minimum of 5' of full height curb. Other
drive approaches shall be 42' top-to-top. (Traffic Engineering)
15. Clear sight easement per City of Bakersfield standards shall be pro-
vided at intersection of Auburn Street and Auburn Oaks. If there are
any questions, contact City Traffic Engineer at 326-3724. (Traffic
Engineering)
"B" CONDITIONS: This category consists of conditions that must be satis-
}~i~-~-be~ore the Building Department will begin checking plans submitted for
plan check.
1. Contact Fire Safety Control Division, 1729 - 22nd Street, (Fire
Prevention Bureau), for fire and safety requirements. Provide one set
of plans to Fire Safety Control (Fire Marshal, 326-3951). (Fire)
2. Install 16 fire hydrant(s) as shown on attached plan prior to final
site plan approval. (Fire)
3. Provide three copies of the grading plans with two copies of the pre-
liminary soils report to the Building Department. Such soils report
and grading plan shall be prepared by a Civil Engineer registered in
this state. THESE PLANS MUST BE APPROVED BEFORE THE BUILDING
DEPARTMENT WILL BEGIN PLA~HEC~.~gineerin~-S~ices aM Building)
4. A landscape and irrigation plan shall be submitted to the Planning
Department for approval prior to final site plan approval before
Building Department will begin plan check. (Planning)
5. All public street improvements (street, sewer and drainage plans)
shall be completed at one time aod shall not be phased. (Engineering
Services)
6. All utility dedications shall be shown on grading and site plans.
(Engineering Services)
7. The developer shall obtain approval of the appropriate utility prior
to final site plan approval. (Engineering Services)
8. The Sanitation Division must be contacted to work out an alternate
solution that will allow safe collection. Review locations.
(Sanitation)
Attachment
Zone Change 4709
Page 3
"C" CONDITIONS: This category consists of informational notes that might
~lpful-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.
1. 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)
2. 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)
4, Provide the Fire Department with one set of approved water plans prior
to the issuance of any building permit. (Fire)
5. Contact Building Department for any proposed signage. Review does not
include signag§. A separate permit is required for all new signage,
in~ing construction signs. (Building)
6. Structures exceeding 10,000 square feet in area without a twenty (20)
feet physical separation, shall be constructed with an automatic fire
sprinkler system throughout as per latest edition of Uniform Building
Code and City Ordinance and shall be so indicated up~o~n building plans
submitted for plan check. Obtain all necessary ~ermts~ appro~
-ir6~--fTfe' sp~nl~l~F §ystem with Bakersfield City Fire Department as a
part of building plans for plan check. (Building)
7. Show compliance with all handicap requirements as per State Building
Code a~s ~ part o~f plans submitted for plan check. (Building)
8. A final soils report shall be submitted and approved PRIOR to issuance
of a b~ui!~i~nng pe?it. (Building)
Attachment
Zone Change 4709
Page 4
9. School district fees will be assessed at the time of issuance of a
building permit at the rate of $1.50 per square fo~onditT~n~d
~pace on ~i~ntial construction and at the rate of $0.25 per square
foot of covered and/or enclosed space on commercial or industrial
construction. (Building)
10. Indicate approved fire wall resistive construction details and/or
physcial separation between carports and other structures and/or prop-
erty lines as defined by latest edition of the Uniform Building Code
as a part of building plans su~b~itt___ed four plan check. (Building)
11. Structures more than 3,000 square feet of floor area above the first
story, shall not be less than one hour fire resistive construction
throughout and shall be so indicated upon building plans submitted for
plan check. (Building)
12. Obtain all necessary permits and/or approvals from Kern County Health
Department pertaining to swimming pools and/or bathing facilities as a
part of building plan~ submitten four plan ~heck. (Building)
13. Provide utility plans with sizes, dimensions and elevations as a part
of building ~lans subm~tt__~ed ~o__[r plan check. (Building)
14. 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 as~ part o__~_f building plans submitted for plan check. (Building)
15. Provide dwelling unit identification signs/plans per City ordinance
for approval by the Building Department PRIOR to issuance of a
Certification of Occupancy. (Building)
16. Indicate approved fencing around all bodies of water deeper than
eighteen (18) inches as a part of building ~la?__s_ subm~t~d ~or plan
check. (Building)
17. Indicate one hour fire resistive occupancy separation of all storage
and laundry rooms from all other structures as~ part of buildin~
plans submitted for plan check. (Building)
18. Indicate approved fire retardent roof covering as per latest edition
of the Uniform Building Code as~ part o__~_f plans submitted for plan
check. (Building)
19. The parking required for this project has been computed as follows:
56, 1 bedroom - 411 sq.ft. x 1.83 = 102 spaces
210, 1 bedroom - 591 sq.ft. x 1.83 : 385 spaces
112, 2 bedroom - 867 sq.ft. x 2.33 : 261 spaces
TOTAL REQUIRED : ~spaces (Planning)
Attachment
Zone Change 4709
Page 5
20. 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)
21. The Habitat Conservation Plan fee for this project has been computed
to be $13,600 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)
22. Prior to occupancy, sub-standard off-site improvements shall be recon-
structed to City Standards or repaired as directed by the City
Engineer. Call construction superintendent at 326-3050 to determine
extent. (Engineering Services)
23. The developer shall be responsible for providing all labor and materi-
als to install all street lights adjacent to the site. All street
lights SHALL BE energized prior to occupancy. The number and location
of required street lights will be determined at time of submittal of
street improvement plans. (Engineering Services)
24. 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. (Engineering Services)
25. A permit from the Public Works Department is required prior to any
work within city right-of-way (street, alley, easement). A copy of
the approved site plan with conditions shall be submitted to the
Public Works Department at the time of application for a permit.
(Engineering Services)
26. The portion of this development draining into the Shalimar PDA will be
subject to $1,690/gross acre drainage fee. (Engineering Services)
27. Engineered improvement plans for the street construction shall be
approved by the City Engineer prior to final site plan approval.
(Engineering Services)
28. Provide three cubic yard, front loading type refuse bin(s) on concrete
pad(s) per standard #S-43. (Sanitation)
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.JAMES E. NARD
TO P.U.D.
AFFIDAVIT OF POSTING DOCUMENTS
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 Julv 29 , 19 80, she posted on the
Bulletin Board at City Hall, a full, true and correct copy of the following:
ORDINANCE , No. 3172
, passed by
The Bakersfield City Council at a meeting held on
Julv 27
1988
and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ~ENDING
SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY
IN THE CITY OF BAKERSFIELD LOCATED ON THE NORTH SIDE OF AUBURN
STREET, APPROXIMATELY ON-HALF MILE EAST OF FAIRFAX ROAD, AND
CO~40NLY KNO~q AS 6200 AUBURN STREET, FROM P.U.D. (PLANNED UNIT
DEVELOPMENT) ZONE TO A REVISED P.U.D. (PLANNED UNIT DEVELOPMENT)
ZONE.
CITY CLER~<~ of the~City ot~?akersfield
AOPNS