HomeMy WebLinkAboutORD NO 3900ORDINANCE NO. 8 9 0 0
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
103-22 BY CHANGING THE ZONING OF 5.02 ACRES LOCATED
ALONG THE NORTH SIDE OF BERNARD STREET,
APPROXIMATELY 1,000 FEET WEST OF OSWELL STREET
FROM R-1 CH TO PUD.
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 held a public
hearing on a petition to change the land use zoning of those certain properties in the City of
Bakersfield located along the north side of Bernard Street approximately 1,000 feet west of
Oswell Street; and
WHEREAS, by Resolution No. 50-99 on March 18, 1999, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve the proposed Planned Unit Development Zone for a senior citizen
housing development on 5.02 acres located along the north side of Bernard Street,
approximately 1,000 feet west of Oswell Street as delineated on attached Zoning Map No.
103-22 marked Exhibit "B", and this Council has fully considered the recommendations made
by the Planning Commission as set forth in that Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did make
several general and specific findings of fact which warranted a negative declaration of
environmental impact and changes in zoning of the subject property from R-1 CH to P.U.D.
and the Council has considered said findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission and this Council;
and
WHEREAS, a Negative Declaration with mitigation was advertised and posted
on February 8,1999, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows High Density
Residential development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have
been followed.
Based on the Initial Study and comments received, staff has determined
that the proposed project could not have a significant effect on the
environment. A Negative Declaration with mitigation measures was
advertised and posted February 8, 1999, in accordance with CEQA.
The public necessity, general welfare and good zoning practice justify
the approval of the Planned Unit Development.
The applicant intends to start construction within three years from the
effective date of the zone change.
The proposed planned unit development zone and preliminary
development plan is consistent with the general plan and objectives of
Section 17.52 of the Bakersfield Municipal Code, subject to approval of
General Plan Amendment P98-0991.
The proposed development will constitute a residential environment of
sustained desirability and stability, and that it will compliment and
harmonize with the character of the surrounding neighborhood and
community.
The proposed planned unit development justifies exceptions from the
normal application of the Bakersfield Municipal Code in that it integrates
such elements as the location of structures, circulation pattern, parking,
open space, utilities and other amenities, together with a program for
provision, operation and maintenance of all areas, improvements,
facilities and services provided for the common use of persons
occupying or utilizing the property.
This project is consistent with the intent and purpose of General Plan
Amendment P98-0991.
SECTION 1.
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. The Negative Declaration is hereby approved and adopted for Zone
Change No. P98-0991
3. 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 that
certain property in said City, the boundaries of which property is shown on Zoning Map. No.
103-22 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically
shown on Exhibits "C" through "E" and specifically described in attached Exhibit "F", subject to
approval of General Plan Amendment P98-0991.
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "A", and approval of General Plan Amendment P98-0991.
2
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date of its
passage.
......... o0o .........
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER Non e,-
CITY CLERK of the
Council of the City of Bakersfield
APPROVED MAY 1_ ~ 1999
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
CAltL HERNANDEZ
Assistant City Attorney
S:\gpa-mar\0991\or, mar,5
MO:pas
EXHIBIT A
General Plan Amendment P98-0991, Zone Change P98-0991
Conditions of Approval
Prior to ground disturbance, a field survey shall be conducted on the entire 5.02 acre
project site. The field survey shall be performed by a qualified archaeologist to evaluate
and recommend any measures. Proof of compliance with the recommendations
resulting from such survey shall be submitted to the Southern San Joaquin Valley
Archaeological Center at California State University, Bakersfield (CSUB) and the City of
Bakersfield, Development Services Department prior to issuance of a building permit.
(Planning Department)
Prior to issuance of a building permit, the proponent will submit to the City of
Bakersfield, Development Services Department proof of a recorded covenant requiring
occupancy of at least one resident per unit aged 62 years or over or physically
handicapped. (Planning Department)
Site access points shall be designed to prevent any potential conflict or interference with
the ingress/egress for/to the existing Tillerman Hills and French Quarter developments.
Said design shall be subject to the approval of the City Engineer. (Public Works
Department)
The median constructed in Bernard Street with the East Hills Mall development ends at
the west property line of the project site. To facilitate east bound to north bound left turn
access, the developer shall narrow this median to add a left turn bay in it, as needed, to
meet left turn design standards. The two-way turn lane along the frontage should
remain to allow for full access to the existing Tillerman Hills and French Quarter
developments. (Public Works Department)
Prior to issuance of a building permit, the developer shall pay the Phase II (or
subsequently revised) Regional Impact Fee. (Planning Department)
The final development plan for the Planned Unit Development project shall be submitted
to the Planning Commission for review and approval.
The preliminary development plan shall be modified to include additional landscaping
amenities conversely reducing the amount of parking.
The preliminary development plan shall be modified to include additional landscaping
along Bernard Street.
The preliminary development plan shall be modified to include the completion of the
block masonry wall along the north side of the project site with the project development.
GPA/ZC P98-0991 Page 2
SITE PLAN COMPLIANCE LIST
The JOHowing are specific items that the Site Plan Review Committee has noted that you
need to resolve before you can obtain a building permit or be allowed occupancy. These
items may include changes or additions that need to be shown on the final building plans,
alert you to speci~c JL, es, and;Or are comments that will help you in complying with the
City's development standards. Each item will note when it is to be completed and they have
been grouped by department so that you know who to contact ~f you have questions.
A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 661/326-3718)
The applicant shall submit 4 copies of grading plans and 2 copies of the
preliminary soils report to the Building Division. You must submit a final soils
report to the Building Division before they can issue a building permit.
Include with the final site plan documentation, or show changes on the final plan
that the project complies with all disability requirements of Title 24 of the State
Building Code.
Structures exceeding 10,000 square feet in area shall require installation of an
automatic fire sprinkler system.
Before the Building Division can allow occupancy of this multiple-family
residential complex, they must inspect and approve the placement and colors of
the address numbers identifying each unit and/or building, and building/unit
location maps so that emergency personnel can easily find a specific unit when
responding to the site during an emergency.
Business identification signs are not considered nor approved under this review.
A separate review and sign permit from the Building Division is required for all
new signs, including future use and construction signs. Signs must comply with
the Sign Ordinance.
The Building Division will assess appropriate school district impact fees at the
time they issue a building permit.
B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673)
1. The minimum parking required for this project has been computed based on use
and shall be as follows:
Number of Parking Required
Use Dwelling Units Ratio Parking
Senior Citizens 160 dwelling units 1 space/2 dwelling units 80 spaces
Apartments
The applicant shall submit one (1) copy of the final landscape plan to the
Planning Division, and include a copy of this plan with each set of the final
building plans. Building permits will not be issued until the Planning Division has
GPA/ZC P98-0991 Page 3
approved the final landscape plan for consistency with approved site plans and
minimum ordinance standards (please refer to the attached standards - Chapter
17.61).
Approved landscaping, parking, and other related site improvements shall be
installed and inspected by the Planning Division before final occupancy of any
building or site. Please schedule final inspections with Dave Reizer (805~326-
3673),
Parking lot lighting is required by the Bakersfield Municipal Code (Section
17.58.060 A). Lights shall be designed, arranged, and shielded to reflect light
away from adjacent residential properties and streets. All light fixtures shall be
between 15' and 40' above grade with illumination evenly distributed across the
parking area. Lighting direction and type of light fixture shall be shown on the
final site plan or included with the building plans.
,
Habitat Conservation fees shall be required for this project and will be calculated
based on the fee in effect at the time we issue an urban development permit
(includes grading plan approvals) as defined in the Implementation/Management
Agreement (Section 2.21 ) for the Metropolitan Bakersfield Habitat Conservation
Plan. Upon payment of the fee, the applicant will receive acknowledgment of
compliance with Metropolitan Bakersfield Habitat Conservation Plan
(Implementation/Management Agreement Section 3.1.4). This fee is currently
$1,240 per gross acre, payable to the City of Bakersfield (submit to the Planning
Division).
A Park Development and Improvement Fee shall be paid at the time a building
permit is issued. We will base this fee at the rate in effect at the time the permit
is issued. The current fee is $615 for each independent residential unit.
C. FIRE DEPARTMENT (staff contact - Greg Yates 661/326-3939)
Show on the final site plan all fire lanes as indicated on the returned site plan or
as they may be modified by the Fire Department. Spacing between each sign
identifying the fire lane must also be shown on the final plan that meets minimum
city standards. The applicant shall install all required fire lane signs before
occupancy of any building or portion of any building is allowed.
Show on the final site plan all on-site fire hydrant locations and required fire
flows. Based upon available information, the minimum fire flow requirement will
be 2000 gallons per minute.
The applicant shall install 4 fire hydrants as shown by staff on the returned site
plan. All fire hydrants must be purchased from the Fire Department. These
hydrants must be installed and in working order before building permits can be
issued to assure that adequate fire protection can be available during
construction unless other arrangements for such protection are approved by the
Fire Department.
GPA/"ZC P98-0991
4.
D. PUBLIC
1.
Page 4
The applicant shall give the Fire Department one set of the engineered water
plans before the issuance of any building permit.
The applicant must request an inspection of any underground sprinkler feeds at
least 24 hours before they are buried. The Fire Safety Control Division (1715
Chester Avenue, Suite 300, Bakersfield, CA; Ph. 661/326-3951) must complete
all on-site inspections of fire sprinkler systems and fire alarm systems before any
building is occupied.
The applicant shall show on the final plan and install a 20° wide all-weather
emergency access as indicated by staff on the returned site plan. The Fire
Department must approve the final location and design of this access prior to
building permits being issued.
All access (permanent and temporary) to and around any building under
construction must be at least 20 feet wide, contain no vehicle obstructions, and
be graded to prevent water ponding. Barricades must be in place where ditches
and barriers exist in or cross roadways. Emergency vehicle access must always
be reliable.
Yellow stripes shall be used to identify areas next to all Fire Department
connections according to the Bakersfield Municipal Code (Section 15.64.140 d.).
WORKS - ENGINEERING (staff contact - Harry Afshar 661/326-3576)
The applicant shall construct 5.5' concrete sidewalks, at parcel frontage on
Bernard Street according to adopted city standards. These improvements shall
be shown on the final site plan submitted to the Building Division before any
building permit will be issued.
The applicant shall construct new connection to the public sewer system. This
connection shall be shown on the final site plan submitted to the Building Division
before any building permit will be issued.
All driveways, vehicular access and parking areas shall be paved with a
minimum of 2" Type B, A.C. over 3" Class II A.B. according to the Bakersfield
Municipal Code (Sections 15.76,020 & 17.58.050 N.) and the adopted standards
of the City Engineer. This standard shall be noted on the final site plan
submitted to the Building Division before any building permit will be issued.
If a grading plan is required by the Building Division, a building permit will not be
issued until the grading plan is approved by both the Public Works Department
and Building Division.
Before you occupy any building or site, you must reconstruct or repair
substandard off-site improvements to adopted city standards as directed by the
City Engineer. Please call the construction superintendent at 661/326-3049 to
find out what improvements will be required.
GPA/ZC P98-0991
6.
E. PUBLIC
1.
F. PUBLIC
1.
Page 5
You must obtain a street permit from the Public Works Department before any
work can be done within the public right-of-way (streets, alleys, easements).
Please include a copy of this site plan review decision to the department at the
time you apply for this permit.
A sewer connection fee shall be paid at the time a building permit is issued. We
will base this fee at the rate in effect at the time a building permit is issued.
A transportation impact fee for regional facilities shall be paid at the time a
building permit is issued, or if no building permit is required, before occupancy of
the building or site. This fee will be based at the rate in effect at the time the
permit is issued. Based on the fee schedule currently in effect for the 1998-1999
fiscal year and the proposed use, the rate would be $1,471.00 for each unit. The
Public Works Department will calculate an estimate of the total fee when you
submit construction plans for the project.
WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997)
Show on the final plan 42' (top-to-top) wide drive approach(es) as indicated by
staff on the returned site plan. Drive approaches must be centered on drive
aisles.
Two-way drive aisles shall be a minimum width of 24 feet.
Show the typical parking stall dimensions on the final plan. Minimum parking
stall dimensions shall be 9' wide x 18' long. Vehicles may hang over landscape
areas no more than 2¼ feet provided required setbacks along street frontages
are maintained, and trees and shrubs are protected from vehicles as required by
the Planning Division.
WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114)
Show on the final plan 4, 8' x 10' refuse bin enclosure(s) designed according to
adopted city standards (Detail #S-43). Before occupancy of the building or site
is allowed, 8,3 cubic yard front loading type refuse bin(s) shall be placed within
the required enclosure(s).
Before building permits can be issued or work begins on the property, you must
contact the staff person above to establish the level and type of service
necessary for the collection of refuse and/or recycled materials.
Facilities that require infectious waste services shall obtain approval for separate
infectious waste storage areas from the Kern County Health Department. In no
instances shall the refuse bin area be used for infectious waste containment
purposes.
Facilities that require grease containment must provide a storage location that is
separate from the refuse bin location.
GPA/ZC P98-0991
5.
Page 6
Facilities that participate in recycling operations must provide a location that is
separate from the refuse containment area.
The Solid Waste Division will determine appropriate service levels for refuse
collection required for a project. These levels of service are based on how often
collection occurs as follows:
Can or cart service '-
Front loader bin service --
Rolloff compactor service --
1 cubic yard/week or less
1 cubic yard/week - 12 cubic yards/day
More than 12 cubic yards/day
S:\GPA-MAR\0991\Conditions.wpd
C) ,,:.~.~
ZONE CHANGE
P98-0991
/ k ~ ~ '~7'L"~=~' '~
...... TO ,~ ,
~ .... i'
....
EXHmff'B :..
~!N6 ~ 103"t2
?eI c~
I1:i
!
I
m :. ·
EXHIBIT
ExHmrrF
LEGAL DESCRIPTION
BERNARD STREET ZONE CHANGE
BEING THAT PORTION OF THE DESIGNATED REMAINDER SHOWN ON
RECORD OF SURVEY RECORDED MAY 7, 1987 IN RECORD OF SURVEY BOOK
14 AT PAGE 95 IN THE OFFICE OF THE KERN COUNTY RECORDER, BEING A
PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 22, T.29 S., R.28 E., M.D.B.& M., IN
THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID DESIGNATED
REMAINDER, SAID POINT BEING ON THE CENTERLINE OF BERNARD
STREET, BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 00025'32" WEST, 663.06 FEET;
THENCE NORTH 89°18'10" EAST, 329.81 FEET;
THENCE SOUTH 00°26'29 "EAST, 663.17 FEET TO A POINT ON THE
CENTERLINE OF BERNARD STREET;
THENCE SOUTH 89°19'22" WEST ALONG THE CENTERLINE OF BERNARD
STREET, 329.99 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS: 5.02 GROSS ACRES
SWIMMER-LEG-ZC
5565
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
PAMELA A. MCCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
thatonthe 14th
day of May , 1999 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3900
Bakersfield City Council at a meeting held on the 12th day of
entitled:
, passed by the
May 1999 , and
ORDINANCE CHANGING THE ZONING FROM ONE FAMILY DWELLING-
CHURCH TO PLANNED UNIT DEVELOPMENT, LOCATED
APPROXIMATELY 1,000 FEET WEST OF OSWELL STREET, ZC P98-
0991.
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk/
S:\DOCUMENT~AOPOSTING
May 14, 1999