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HomeMy WebLinkAboutORD NO 4115 4115 ORDINANCE NO. AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103- 30 BY CHANGING THE ZONING FROM C-C (COMMERCIAL CENTER) TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE ON 8 ACRES LOCATED AT THE NORTHEAST CORNER OF 21ST STREET AND R STREET. (GPA 02-0961) (Ward 2). 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 being annexed to the City of Bakersfield located at the northeast corner of 21st Street and R Street. WHEREAS, by Resolution No.16-03 on January 16, 2003, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a PUD (Planned Unit Development) zone as delineated on attached map 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 C-C (Central Commercial) 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 for the proposal was advertised and posted on November 15, 2002, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development; and WHEREAS, the City Council has considered and hereby makes the following findings: 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 was prepared and sent to responsible agencies and property owners within 300 feet of the project site. A Negative Declaration was prepared for this project in accordance with CEQA. 4. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. The applicant intends to start construction within three years from the effective date of the zone change. That 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 No. 02-0961. 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 No. 02-0961. 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. 02- 0961. 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 the City, the boundaries of which property is shown on the map marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", and subject to prior approval of General Plan Amendment No. 02-0961. 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. ......... 000 ........ 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 onMAR 1_ 2 2D03, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER COUNCILMEMBER ~ Council of the City of Bakersfield APPROVED MAR 12 2003 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: BART THILTGEN City Attorney MO:djl S:\GPA 4th Qtr 2002\02-0961\Resolutions\ozc-cc.doc EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 02-0961 Cultural Resources: tf human remains are discovered at any time on the project site, work shall halt and the Kern County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code). In the absence of an archaeological monitor, a qualified archaeologist and the local Native American community, shall be notified. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. (Mitigation Measure). Public Works: A drainage study has been approved for the K. C. S. S. Foundry site (LLA P99-0752). Construct facilities in accordance with the study to handle runoff from the site, or provide an alternate drainage study to be approved by the City Engineer prior to approval of any site plan, submittal of a subdivision map, or application for a parcel merger, lot line adjustment, or parcel map waiver. (Public Works Condition). 3. If the private streets are to be dedicated to and accepted by the City 3.1 and if the existing storm drain system is to remain in place, then a storm drain easement over the existing line shall be dedicated to the City. Minimum width and location of the easement shall be in accordance with the engineering and Subdivision Design Manual. The easement shall not be split by lot or parcel lines. Modify the site development plan to show conformance to the Manual requirements. 3.2 City will maintain existing sewer mains, except that City will not maintain any sewer lift station, force main, or appurtenant facilities. 3.3 (Public provide as-built drawings of the existing improvements signed and sealed by a registered civil engineer showing they are built to City ordinances and standards and in accordance with approved plans. Works Condition). Remove the existing part circle culved crossing R Street at 21st Street, and construct catch basins and storm drain lines as shown on the approved plans for the K. C. S. S. Foundry site. (Public Works Condition). 5. On 21st Street, 5.1 remove existing curb & gutter and drive approaches on 21st Street. 5.2 replace with standard curb & gutter with minimum 5.5' wide combination sidewalk. Improvements shall be constructed to the east side of the canal to tie into existing Exhibit A Conditions of Approv@l GPNZC 02-0961 Page 2 of 6 improvements. The sidewalk widths shall maintain a minimum four feet (4') clearance around all obstructions. 9. 10. 11. 5.3 remove and reconstruct substandard paving as directed by the City Engineer. (Public Works Condition). Install City standard street lights on 21st Street and R Street as directed by the City Engineer. (Public Works Condition). Prior to site plan approval, provide a grading plan to be reviewed and approved by the City Engineer along with a preliminary soil report and engineering calculations to justify the paving sections proposed. (Public Works Condition). All public improvements are to be completed by the applicantJdevelopedsubdivider and accepted by the City prior to occupancy of any structure. (Public Works Condition). The applicantYdevelopedsubdivider shall clearly show the building "envelop" area in order to identify the extent of building coverage on each lot. (Planning Condition). The accessory building coverage on each lot shall be limited per the R-1 zone requirements. (Planning Condition). The construction of the site shall be substantially similar to the site plan as approved by the City Council for Zone Change 02-0961. (Planning Condition). SITE PLAN REVIEW / ORDINANCE REQUIREMENTS The Site Plan Review approval and compliance conditions are based on the plans submitted with the application. Any errors or omissions on the plans submitted could alter these conditions or void this approval. A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Bums 661/326-3718) The applicant shall submit four (4) copies of grading plans and two (2) copies of the preliminary soils report to the Building Division. You must submit a final soils report to the Building Division prior to issuance of a building permit. The applicant shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that are within twenty feet (20') of property lines if it is commercial, or five f~et (5') of property lines if it is residential. 3. Include with or show on the final building plans information necessary to verify that Exhibit A-1 Conditions of Approval GPA/ZC 02-0961 Page 3 of 6 the project complies with all disability requirements of Title 24 of the State Building Code. The Building Division will calculate and collect the appropriate school district impact fee at the time of issuance of a building permit. B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673) The minimum parking required for this project has been computed based on use and shall be as follows: Square Parking Required Us.~.e Footage Ratio Parking Single Family Dwelling 74 Units 2 spaces/unit 148 spaces (Nate: Each single family lot shall have a minimum of 2 (two) parking spaces. 178 parking spaces are shown on the proposed site plan.) 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). This fee must be paid before any grading or other site disturbance occurs. 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 $635 for each residential unit. C. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706) 1. Show on the final building plans the following items: All pfivate interior streets shall have fire lanes on both sides of the streets as indicated on the returned site plan, or as they may be modified by the Fire Department. Spacing between each sign identif,fing 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. Exhibit A Conditions of Approval GPA/ZC 02-0961 Page 4 of 6 b. Project address, including suite number if applicable. c. Name and phone number of the appropriate contact person. All access (permanent and temporary) to and around any building under construction must be at least twenty feet (20') 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. PUBLIC WORKS - ENGINEERING (staffcontact- Janice Horcasitas 661/326-3576) The applicant shall construct curbs, gutters, five and one-half feet (5.5') wide sidewalks, and street paving along 21st Street extending to the east bank of the Kern Island Canal according to adopted city standards. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. In addition, the applicant must comply with Title 17, Chapter 17.08.080 site plan review conditions and show all existing and proposed improvements (utilities, drive approaches, etc.) within the project area on the final site plan. The applicant shall provide a commercial drive approach with a security gate along 21st Street for access to the Kern Island Canal. The applicant shall provide a storm drain easement for the existing storm drain pipeline to the Kern Island Canal, per City standards, with the required easement situated entirely on one lot. The applicant shall comply with all drainage requirements of the "Master Drainage Study for the Foundry Site (LLA P99-0752)", dated January 20, 2000. The applicant shall install four (4) street lights; two (2) along 21st Street, and two (2) along R Street as shown by staff on the returned site plan. The applicant shall be responsible for providing the labor and materials necessary to energize all newly installed street lights before occupancy of the building or site. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. The applicant shall construct standard handicap ramps at any and all comers and drive approaches according to adopted city standards. These improvements shall be shown Exhibit A Conditions of Approval GPA/ZC 02-0961 Page 5 of 6 on the final building plans submitted to the Building Division before any building permits will be issued. ?. Show on the final building plans all existing connection(s) to the public sewer system. All driveways, vehicular access and parking areas shall be paved with a minimum of 2" Type B, A.C. over 3" Class 11 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 paving standard shall be noted on the final building plans submitted to the Building Division before any building permits will be issued. If a grading plan is required by the Building Division, building permits will not be issued until the grading plan is approved by both the Public Works Department and Building Division. 10. Before you can 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 schedule a site inspection to find out what improvements may be required. 11. You must obtain a street permit from the Public Works Department before any work can be done within the public righbof-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. 12. 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. 13. If the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No. 92-08 DWQ) must be filed with the State Water Resourees Control Board in Sacramento before thc beginning of any construction activity. Compliance with the general pe~Tnit requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out, and always be available for public inspection during normal construction hours. 14. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued. This fee will be based at the rate in effect at the time the permit is issued. The Public Works Department will calculate an estimate of the total fee when Exhibit A Conditions of Approval G PA/ZC 02-0961 Page 6 of 6 you submit construction plans for the project. E. PUBLIC WORKS - TRAFFIC (staff contact- George Gillburg 661/326-3997) Two-way drive aisles shall be a minimum width of twenty-four feet (24'). If perpendicular (90°) parking spaces are proposed where a vehicle must back into these aisles, the minimum aisle width shall be twenty-five feet (25'). All drive aisle dimensions shall be shown on the final building plans. Show the typical parking stall dimensions on the final building plans. Minimum parking stall dimensions shall be nine feet (9') wide x eighteen feet (18') long. Vehicles may hang over landscape areas no more than two and one-half feet (2V2') provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles as required by the Planning Division. F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114) You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and/or recycled materials. These levels of service are based on how often collection occurs as follows: · Can or cart service -- · Front loader bin service -- · Roll-off compactor service -- 1 cubic yard/week or less I cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day Each individual property owner shall contact the Solid Waste Division to establish refuse service upon completion of construction. MO:djl S:\GF'A 4th Qtr 2002\02~)961\SR Admin Rpt\GPA,ZC CC Cond Ex Ado¢ EXHIBIT B LOCATION MAP and PUD PLANS 0 I 0 N u / ~3 T LJ ~---- 0 I 0 LLI 0 E -l- O LLI N EXHIBIT C LEGAL DESCRIPTION LEGAL DESCRIPTION BEING PARCELS E, F, H, I, J, AND K OF LOT LINE ADJUSTMENT NO.P99-0752 IN THE CITY OF BAKERSFIELD, STATE OF CALIFORNIA, AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 19, 1999 PER DOCUMENT NO. 0199166479, O.R. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. 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 that on the 13th day of March , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4115 , passed by the Bakersfield City Council at a meeting held on the 12th day of March 2003 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-30 BY CHANGING THE ZONING FROM C- C (COMMERCIAL CENTER) TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE ON 8 ACRES LOCATED AT THE NORTHEAST CORNER OF 21 ST ST AND R ST. (02-0961) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield