HomeMy WebLinkAboutORD NO 3555ORDINANCE NO. 8 5 5 5
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-21 BY CHANGING THE ZONING OF 40 ACRES
GENERALLY LOCATED EAST OF SPRING CREEK LOOP
TO THE ARVIN-EDISON CANAL, NORTH OF HARRIS
ROAD FROM AN R-1 (ONE FAMILY DWELLING) ZONE
AND AN R-2 (LIMITED MULTIPLE FAMILY DWELLING)
TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE
(WARD 4).
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 generally located east of Spring Creek Loop to the Arvin-
Edison Canal, north of Harris Road; and
WHEREAS, by Resolution No. 33-93 on June 17, 1993, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a zone change of the subject property from an R-1 (One
Family Dwelling) zone (25 + acres) and an R-2 (Limited Multiple Family Dwelling)
zone (15 -+ acres) to a PUD (Planned Unit Development) zone (40 - acres) as
delineated on attached map marked Exhibit "A", by this Council and this Council has
fully considered the findings 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 an R-1
(One Family Dwelling) zone and an R-2 (Limited Multiple Family Dwelling) zone to a
PUD (Planned Unit Development) zone 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, Planning
Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on May 21,
1993, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows low density
residential development; and
WHEREAS, the City Council has considered and hereby makes the
following findings: ~ ~e,9o~~
ORIGINAL
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. That proposed Zone Change No. 5474 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
the environment.
The proposed zoning will not have a significant adverse effect on
5. Conditions of approval attached to the project as Exhibit "C" are
included in the project to minimize and/or mitigate impacts, and to ensure that the
density allowed by the general plan is not exceeded.
6. The applicant intends to start construction within two and one-half
years from the effective date of the zoning change.
the general plan.
The proposed planned unit development substantially conforms to
8. The development, as conditioned, will constitute a residential
development of sustained desirability and stability, and it will be in harmony with the
character of the surrounding neighborhood and community.
9. The development of a harmonious, integrated plan, as conditioned
justifies exemption from the normal application of this code.
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.
3. Section 17.06.020 (Zoning Map No. 123-21) 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 the map marked Exhibit "A" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "B".
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "C".
2
ORIGINAL
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.
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
~06 ! 1 1,q93 , by the following vote:
AYES: COUNCLMEMBERS McDERMO'I'r, EDWARDS, DeMOND. SMITH, BRUNNI, ROWLES. SALVAGGK:)
NOES: COUNCILMEMBERS ND~J ~rT'
ABSTAIN: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 1 1 1B~
BOB C~/~
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
JM:pjt
June 30, 1993
res\o5474.cc
I
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CITY OF BAKERSFIELD
ZONING MAP 123 ~_1
LEGEND
ZONE CHANGE 5474
EXHIBIT B
A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 21, T.30S.,
R.2TE., M.D.M. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICH IS S.34°17'12"W.. 108.82 FEET FROM
THE EAST QUAR'llaR CORNER OF SECTION 21:
6.
7.
8.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
BEGINNING.
THENCE N.44°06'21"W., 42.38 FEET,
THENCE N.89°02'I6"W., 225.07 FEET.
TI-IENCE N.86°55'56"W., 435.44 FEET, TO 'rite BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTHEAST AND
WI-IOSE RADIUS IS 1445.00 FEET;
TI~I:~NCE ALONG SAID CURVE THOROUGH A CENTRAL ANGLE
OF 29°42'16" AND AN ARC LENGTH OF 749.15 F~.l' TO THE
BEGINNING POINT OF A TANGENT LINE;
TI-Ig-NCE ALONG SAID TANGENT N.59°20'00"W., 80.02 FEET;
TIIENCE N.26°13'09"E., 90.27 FEEt'
T!m;-NCE N. 14°20'00"W., 28.28 FEET;
TI-IFIqCE N.30°40'00"E., 85.00 FEFfr TO THE BEGIlqNING OF A
TANGI~qT CURVE CONCAVE TO TI-IE WEST AND WHOSE
RADIUS IS 1038.00 FEEt;
~CE ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF T2°10'15", AN ARC LENGTH OF 1307.48 FEET;
TI.II~ICE N.45°27'43'E., 265.47 FEET;
TIIgNCE N.33°54'49" E., 370.09 FEET TO TI-IE BEGINNING OF
AN NON TANGENT CURVE CONCAVE TO THE sOWrHWF_3T
WHOSE RADIUS POINT BEARS S.34°30'38'W., 650.00 FEET;
' TI:rg. NCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 31°41'50" AND AN ARC LENGTH OF 359.59 FEET TO THE
BEGIiN-NING POINT OF A TANGENT LINE;
TI:IENCE ALONG SAID TANGENT S.23°47'32"E., 99.59 FEET;
TI-I~CE S.66°28'54"W. 197.11 FEET;
TI-IFaNCE S.23°31'06"E., 336.84 FEET;
TI-IE. NCE N.66°28'54"E., 293.72 FEET;
THENCE S.23°47'32"E., 469.34 FEET;
THENCE S.23°47'32"E., 1050.95 FEET;
THENCE N.45°53'03"E., 5.41 FEET;
THENCE S.02°22'55"E.. 170.33 FEET TO THE TRUE POINT OF
SAID PARCEL CONTAINS 39.80 ACRES MORE OR LESS
:5673PUD
ORIGINAL
EXHIBIT C - PART 1
Conditions of Approval
Zone Change No. 5474
10.
Lots 31.79 and 80 shall be limited to one stow construction.
A minimum 20-foot setback from back of sidewalk to garage door shall be
observed. Approximately every third unit shall observe a setback no less than 23
feet from back of sidewalk to garage door to achieve visual diversity thorugh a
staggered setback throughout the PUD. Such staggering shall be depicted in the
final development plan submittal through notes and labeling on the tract map/plot
plan display which depicts building footprints on individual lots.
All garages shall have roll-up doors.
A minimum 13-foot rear yard setback shall be observed on lots with a 20-foot
front yard setback and a minimum 10-foot rear yard setback shall be observed on
lots with a 23-foot front yard setback.
Rear yard setbacks along Harris Road and Spring Creek Loop shall be measured
from the interior side of the street landscaping wall.
All common area facilities shall be installed prior to issuance of a certificate of
occupancy for any residence, unless other phasing is approved by the Planning
Director.
All landscaping interior to the subdivision shall be maintained by a homeowner's
association.
Floor plans may range in size from 1.051 sq.ft. to 1.881 sq.ft.
The applicant shall enter into an agreement with the city to indemify and defend
it against a challenge to any action of the city upon the application.
Five feet of landscaping shall be installed behind sidewalk to back of wall along
the sump street frontage.
p:5474.ea
ORIGINAL
EXHIBIT C - PART 2
Site Plan Review Colnmittee Conditions of Approval
Zone Change No. 5474
"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
",4" Conditions are correct(v indicated on the plans submitted/br plan check.
Provide lighting for the parking area and submit layout along with description of
light fixtures as per Title 17.58.060 A of the Municipal Code. Design and arrange
the lights to reflect away from the adjacent residential properties and streets. All
light fixtures shall be located between 15' and 35' above grade. Lighting
proposals must be approved before Building Department will begin plan check.
(Planning and Building)
2. The parking required for this project has been computed as follows:
Proposed 1,250 sq.ft. pools + 80 sq.ft. per space = 16 spaces/each pool
(Planning)
Construction of all street improvements shall be in accordance with conditions of.
approval for Tentative Tract 5673. (Engineering Services)
Show 32' (top-to-top) wide drive approach(es) as indicated on the attached plan.
Center drive approach on the drive aisle. (Traffic Engineering)
"B" CONDITIONS: This category. consists of conditions that must be satisfied before
the Building Depa~t~nent will begin checking plans submitted for plan check.
Contact Fire Safety Control Division, 1729-22nd Street. (Fire Prevention Bureau)
for fire and safety requirements. Provide one (1) set of building plans showing
required plan corrections to Fire Safety. Control (Fire Marshal. (805) 326-3951).
(Fire)
Provide three copies of the grading plans with two copies of the preliminary. soils
report to the Building Department. (Engineering Services)
3. Show how site is to be drained. (Building)
A landscape plan and specification for irrigation shall be submitted to the
Planning Department for approval prior to final site plan approval. (Planning)
ORIGINAL
Exhibit (~ - Part 2
Zone Change No. 5474
Page 2
The Sanitation Division must be contacted to work out an alternate soiution that
will allow safe collection. (Sanitation l
"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.
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 barriers exist in roadways.
Emergency vehicle access must be reliable at all times. (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 building permit.
(Building)
School district fees will be assessed at the time of issuance of a building permit.
(Building)
Submit for all necessary. approvals from the Kern County Environmental Health
Services Department located at 2700 "M" Street for any public pool or related
facilities prior to issuance of a building permit. Handicapped access to any public
pool and related facilities shall conform to the State Building Code. Building)
Approved landscaping shall be installed prior to final building inspecnon or
occupancy of any building. Landscape inspections are on Fridays. Call Bob
Bellman at 326-3733 prior to the Friday you wish your inspection. (Planning)
Prior to occupancy, sub-standard off-site improvements shall be reconstructed to
citv standards or repaired as directed bv the Ci.ty Engineer. Off-site
improvements may include construction of the median islands in the streets
fronting the project site. Call construction superintendent at 326-3050 to
determine extent. (Engineering Services}
ORIGINAL
Exhibit {~ - Part 2
Zone ChatLge No. 5474
Page 3
10.
11.
12.
The developer shall be responsible for providing all labor and materiais to
energize all street lights adjacent to the site. All street lights SHALL BE
energized prior to occupant. (Engineering $ervices~
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)'
A transportation impact fee for regional facilities shall be paid at the rate in
effect at the time of issuance of a building permit. Based on the rate schedule in
effect for the 1992-1993 fiscal year and the proposed project use. a rate of $1,179
per unit would be anticipated. Upon submission of construction plans for the
project, the Public Works Department will provide an estimate of the total fee.
(Engineering Services)
A permit from the Public Works Depa~mient 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)
p:5474p2.ea
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
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 the 13th day of August, 1993
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3555, passed by the
Bakersfield City Council at a meeting held on the 11th day of
August, 1993, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO. 123-21 BY CHANGING THE
ZONING OF 40 ACRES GENERALLY LOCATED EAST OF SPRING CREEK
LOOP TO THE ARVIN-EDISON CANAL, NORTH OF HARRIS ROAD FROM
AN R-1 (ONE FAMILY DWELLING) ZONE AND AN R-2 (LIMITED
MULTIPLE FAMILY DWELLING) TO A PUD (PLANNED UNIT
DEVELOPMENT) ZONE
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
~EP0~fY C~ty Cl~rk