HomeMy WebLinkAboutORD NO 3938ORDINANCE NO. 3 9 38
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-
18 BY CHANGING THE ZONING OF 18.53 ACRES GENERALLY
LOCATED SOUTH OF CAMPUS PARK DRIVE, EAST OF
MOUNTAIN VISTA DRIVE FROM AN R-1 (ONE FAMILY
DWELLING) ZONE TO A PUD (PLANNED UNIT
DEVELOPMENT) ZONE. (FILE # P99-0587)
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 on the south side of Campus Park Drive, and on the east side of
Mountain Vista Drive, as shown on attached Exhibit "B;" and
WHEREAS, by Resolution No. 161-99 on October 7, 1999 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve PUD Zone Change No. P99-0587, as delineated on attached Zoning
Map No. 123-18 marked Exhibit "D", by this Council 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 an R-1 (One 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 proposed 18.53 acre PUD development consists of 90 lots in a
gated private street single family subdivision and with a 0.53 acre size private park, as shown
on attached Exhibit "C"; and
WHEREAS, lots sizes typically range between 4,500 to 5,000 square feet; and
WHEREAS, a homeowners association shall be created to provide for
maintenance of the all private improvements, gated private streets and private recreational
facility contained within this proposed project; and
WHEREAS, associated Vesting Tentative Tract 5959 was approved by the
Planning Commission on October 7, 1999 to implement the proposed PUD (Planned Unit
Development) zone; 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 September
14, 1999, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development; and
findings:
WHEREAS, the City Council has considered and hereby makes the following
10.
11.
12.
All required notices have been given.
The provisions of CEQA have been followed.
The intent of the zone change is to reflect the existing and future use of
the subject property in relation to the existing residentially zoned property
located to the north.
The proposed zone change is in substantial conformance with the
Metropolitan Bakersfield 2010 General Plan.
The proposed planned unit development zone and preliminary
development plan is consistent with the General Plan and objectives of
this ordinance(BMC 17.52.070).
The proposed development will constitute a residential environment of
sustained desirability and stability, and it will compliment and harmonize
with the character of the surrounding neighborhood and community.
(BMC 17.52.070)
The proposed development justifies exceptions from the normal
application of this 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. (BMC
17.52.070)
The granting of the agricultural setback modification would not be
materially detrimental to the public welfare, nor injurious to the property or
improvements in the zone or vicinity in which the property is located; and
(BMC 17.64.060)
The granting of the agricultural setback modification is necessary to
permit an appropriate improvement or improvements on a lot or lots,
including but not limited to, modification of such regulations for some or
all lots within a subdivision to facilitate zero-lot-line or other atypical
subdivision development; and (BMC 17.64.060)
The granting of the agricultural setback modification would not be
inconsistent with the purposes and intent of Title 17 of this code. (BMC
17.64.060)
The requirement for building setback and disclosure to future property
owners regarding the high pressure gas pipeline and the disclosure
regarding proximity to agricultural activities are necessary for the public
health, welfare and safety.
The project must be granted a "de minimis: exemption with respect to the
payment of Fish and Game Section 711 fees. Based on the absence of
evidence in the record as required by Section 21062.2 of the State of
California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency
that this project will result in impacts that fall below the threshold of
significance with regard to wildlife resources and, therefore, must be
granted a "de minimis" exemption in accordance with Section 711 of the
State of California Fish and Game Code. Additionally, the assumption of
adverse effect is rebutted by the above-referenced absence of evidence
in the record and the Lead Agency's decision to prepare a Negative
Declaration for this project
as follows:
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
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) 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.
123-18 marked Exhibit "D" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "E ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "A".
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 on ~!0¥ 1 ? 1999
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MACC.%~.D, COUCH, ,,',',',',',',',',~O'.",'L"-S, SULLIVAN, SALVAGGIO
COUNClLMEMBER ~O ~ ~..
COUNClLMEMBER 1~ o r,/
COUNCILMEMBER ~y~R~.~,Q.~);
CITY CLERK and Ex Officio C/,,e'rk of the
Council of the City of Bakersfibld
APPROVED NOV 1 ? ~(J99
3
BOB P~ICE J ~) J
MAYOR of the City of Bakersfield
APPROVED as to form:
BART THILTGEN, CITY ATTORNEY
CA~_ HERNA'NDEZ "
ASSISTANT CITY ATTORNEY
Exhibits:
A. Conditions.
B. Location Map.
C. PUD site plan, landscaping plan and elevations
D. Zone Map
E. Legal Description
Jeng
S:~_oneChange\0587~Ord .wpd
October 20, 1999
EXHIBIT "A"
PUD ZONE CHANGE P99-0587
CONDITIONS OF APPROVAL
PUBLIC WORKS
P. G. & E. shall be consulted concerning protection or relocation of their high pressure gas line
regarding any grading or improvement plan approval. Written approval from P.G& E. shall be
submitted with grading and improvement plan application. Grading plan approval is required prior'
to grading.
A Planned Drainage Area (PDA) may be formed for portions of the east half of Section 18.
Developer will not object to formation of said PDA. A drainage plan for the north half of the
southeast quarter of Section 18 shall be submitted for review and approval by the City Engineer.
Traffic signal interconnect conduit shall be installed in Campus Park Drive and in Mountain Vista
Drive.
FIRE-ENVIRONMENTAL SERVICES:
No habitable portion of a structure may be built within 50 ft. of an interstate or intrastate
hazardous liquids pipeline. (UFC 2.102)
Prior to or concurrently with filing of a final map, a covenant shall be recorded on all lots of this
tract, or portion thereof, which are within 250 feet of aforementioned pipeline. Covenant shall
acknowledge proximity of pipeline easement to said property and describe the name, type and
dimension of the pipeline. Prior to recordation, Subdivider shall submit and obtain approval of
the covenant wording with the City Attorney, Fire Safety Control Division and City Engineer.
(UFC 2.102)
PLANNING
6
This subdivision shall comply with all provisions of the Bakersfield Municipal Code, and
applicable resolutions, policies and standards in effec~ at the time the application for the
subdivision map was deemed complete per Government Code Section 66474.2.
7
If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the
archeologist. (mitigation)
Prior to occupancy, written verification shall be obtained from the Fire Department that all gates,
locks, and keys have been installed or provided to their satisfaction. Verification shall be
submitted to the Planning Dept.
9
Prior to recordation of a final map, the subdivider shall pay an in-lieu fee based on a park land
dedication requirement of 1.8 acres per 1000 population in accordance with Chapter 15.80 of the
Bakersfield Municipal Code. The 1.8 acres per 1000 population includes the credit of 0.7 acres
per 1,000 population as approved by the Planning Commission. If the number of dwelling units
increases or decreases upon recordation of a final map(s), the park land requirement will change
accordingly. The fee shall be paid at the time of recordation of the related subdivision.
S:~ZoneChange~O587~ExA. wpd
October20, lg99
Exhibit "A"
ZC P99-0587
Page 2
10
Prior to recordation of Phase A (as shown on the tentative map), the subdivider shall decide
which street and lot layout for Havilah Drive and Alverson Street will be recorded. Subdivider
shall chose either the layout as shown on Sheet 1 of the tentative map or the alternate layout
shown on Sheet 2 of the tentative map. The choice of the street and lot layout shall be
appropriately matched with related adjacent Vesting Tentative Tract 5940. Subdivider shall be
responsible for all costs for revising and/or submitting new improvement plans if the subdivider
chooses the use the other layout prior to recordation of Phase A.
11
Prior to recordation of Phase A (or the phase containing Lot 13, Phase A, Sheet 1), the
subdivider submit a plan showing how Lot 13 has an accessible driveway, that the driveway
location and/or gate do not conflict, and the dwelling unit meets the setbacks approved with this
PUD. The plan shall be submitted to the Planning Director for approval. If the Planning Director
determines the plan does not meet the above-mentioned criteria, then Lot 13 shall be combined
with Lot 14 to result in a wider lot. This condition does not apply if the alternate layout (shown on
Sheet 2) is recorded.
12
Prior to recordation of or concurrently with a final map located within 250 feet of an A
(Agriculture) zone, the subdivider shall record a covenant on said lots that discloses the
proximity of the A zone, and possibility of noise, odor and chemical activity as a result of the
agricultural use.
13.
Front yard setbacks may be 20 feet. Setbacks for side and rear yards shall be as required per
Sections 17.10.050 and 17.10.060 of the Bakersfield Municipal Code.
14.
The wall and landscaping plan submitted with concurrent PUD Zone Change P99-0587 may be
used for this subdivision. Subdivider shall install trees at a rate of one tree per each 35 linear
feet of street frontage along Campus Park Drive and Mountain Vista Drive,
15. The private park shall be constructed with the first phase.
SITE PLAN REVIEW:
SITE PLAN COMPLIANCE LIST
The following 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
specific fees, 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 k~ow who to contact if you have questions.
16.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.
S:~ZoneChange~O587~ExA. wpd
October20, f999
Exhibit"A"
ZC P99-0587
Page 3
Include with the final site plan documentation or changes to the plan showing that the project
complies with all disability requirements of Title 24 of the State Building Code.
The applicant shall obtain all required approvals from the Kern County Environmental Health
Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for any public pool or
related facility before building permits can be issued. Disabled access to any public pool and
related facility shall comply with Title 24 of the State Building Code.
Structures exceeding 10,000 square feet in area shall be constructed to include an automatic fire
sprinkler system.
16. B. DEVELOPMENT SERVICES - PLANNING (staffcontact - Dave Reizer 661/326-3673)
The applicant shall submit one (1) copy of a landscape plan to the Planning Division, and include a
copy of this final plan with each set of the final plans submitted for building permits. Building
permits will not be issued until the Planning Division has approved the final landscape plan for
consistency with 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 before final occupancy of any building or site. Inspections are made on Fridays. Please
call Dave Reizer (661/326-3673) to schedule an appointment before the Friday you want your
inspection.
A solid masonry wall is required to be constructed adjacent to residentially zoned property as
indicated by staff on the returned site plan. This wall must be shown on the final plans and
constructed a minimum height of 6 feet as measured from the highest adjacent finished grade. If
the parking lot, including drive aisles, delivery areas, loading and unloading areas are within 10
feet of residentially zoned property, a 7-foot wide landscape strip that includes landscaping
consistent with Chapter 17.61 shall be installed between the wall and parking/drive areas (this will
be noted on the returned plan).
Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A). 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).
S:~oneChange~O587~ExA. wpd
October20, 1999
Exhibit "A"
ZC P99-0587
Page 4
16. C. FIRE DEPARTMENT (staffcontact-GregYates661/326-3939)
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 fire flow requirement may be 3500 gallons per minute.
To provide adequate fire protection during construction, the applicant shall install 20 fire
hydrant(s) as shown by staff on the returned site plan, or provide an alternative fire suppression
program as approved by the Fire Department before final site plan approval. The applicant is
required to purchase all fire hydrants from the Fire Department.
The applicant shall give the Fire Department one set of the engineered water plans before the
issuance of any building permit.
The applicant shall contact the Fire Safety Control Division, (1715 Chester Avenue, Suite 300,
Bakersfield, CA; Ph. 661/326-3951) for fire and safety requirements. Please provide one (1) site
plan and one (1) floor plan to the Fire Marshal before beginning construction. Staff will also issue
guidelines for automatic sprinkler system fire department connections (FDC) if sprinkler systems
are required.
All streets and access roads 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
placed where ditches and barriers exist in or cross roadways. Emergency vehicle access must
always be reliable.
Yellow stripes shall identify areas next to all Fire Department connections according to the
Bakersfield Municipal Code (Section 15.64.140 d.).
16. E. PUBLIC WORKS - TRAFFIC (staffcontact-GeorgeGillburg661/326-3997)
Street return type approach(es), if used, shall have 20' minimum radius returns with a 24 fi. throat
width.
Two-way drive aisles shall be a minimum width of 24 feet. If perpendicular (90°) parking spaces
are proposed where a vehicle must back into these aisles, the minimum aisle width shall be 25 feet.
All drive aisle widths shall be shown on the final plan.
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 2½ feet
provided required setbacks along street frontages are maintained, and trees and shrubs are
protected from vehicles as required by the Development Services Department - Planning Division.
S:~oneChenge~O587~ExA.wpO
October 20, 1999
Exhibit "A"
ZC P99-0587
Page 5
16. F. PUBLIC WORKS - SOLID WASTE (staffcontact-JohnWilburn661/326-3114)
Show on the final plan one, 8' x 10' refuse bin(s) enclosure(s) designed according to the adopted
city standards (Detail #S-43) shall be required for the clubhouse and private park. Before
occupancy of the building or site is allowed, one, three-cubic yard front loading type refuse bin(s)
shall be placed in the enclosure(s) on the site.
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 grease containment must provide a storage location that is separate from the
refuse bin location.
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. The 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
S:~ZoneChange~O587~ExA. wpd
October 20, 1999
R-1
R-1
R-1
EXHIBIT "B"
ZONE CHANGE P99-0587
I
I
R-1 -CH I
I
R-1
A
ZONE CHANGE P99-0586
R-1 TO P.U.D.
TO;
R-2 TO P.U.D.
A-20A
A-20A
A-20A
A-20A
0
L
SCALE IN FEET
18 17
T30S, R27E
DRIVE
R-2
119421
EXHIBIT "C"
P.U.D. SITE PLAN FOR VESTING
TENTATIVE TRACT NO. 5959
EXHIBIT "C"
BURCHAM WAY
PLANTING LEGEND
///
VESTING TENTATIVE TRACT 5959
EXHIBIT C
~IOUN TAIN VISTA DRIVE
PROPOSED RETENTION BASIN ~, j ~'"! ''~
~ M gUN TAil,, V.}~TA DRIVE j'
-
TYPICAL WALL ELEVAT,ON
Pt~ANTER EXTENSION
PLANTING LEGEND
C Ak~P d S pARR
CAMPUS PARK DRIVE &; SANOER WAY
ALTERNATE LAYOUT
TYPICAL~ CORNER MONUMENT
C-2
EXHIBIT "D'
R-I-CH
A*20A
A-20A
CiTY Of BAKERSFIELD
ZONING MAP 123-18
SEC lib T 30s R 27E
LEGEND
EXHIBIT "E"
PUD ZONE CHANGE #P99-0587
LEGAL DESCRIPTION
PROPOSED P.U.D. ZONE (FROM R-'I)
ALL THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION
18, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTH HALF; THENCE
S.89°13'11"E. ALONG THE SOUTH LINE OF SAID NORTH HALF A DISTANCE OF 45.00
FEET TO THE EAST RIGHT-OF-WAY OF MOUNTAIN VISTA DRIVE AND THE TRUE POINT
OF BEGINNING; THENCE N.00°55'44"E. ALONG THE EAST LINE OF THE WEST 45.00 FEET
OF SAID NORTH HALF A DISTANCE OF 649.72 FEET; THENCE DEPARTING SAID EAST
LINE, S.89°05'29"E., 724.05 FEET; THENCE N.00°46'17"E., 591.47 FEET TO THE SOUTH
RIGHT-OF-WAY OF CAMPUS PARK AND THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE TO THE NORTH, HAVING A RADIUS OF 2045.00 FEET AND TO WHICH
BEGINNING A RADIAL LINE BEARS S.00°46'32"E., THENCE EASTERLY ALONG SAiD
CURVE AND SAID SOUTH RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 05°01'16" AN
ARC DISTANCE OF 179.22 FEET; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-
WAY, N.84°12'12"E., 77.80 FEET; THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY,
S.00°46'17"W., 266.68 FEET; THENCE S.05°39'17"E., 360.61 FEET TO THE BEGINNING OF
A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 1020.00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°13'28" AN ARC
DISTANCE OF 502.46 FEET; THENCE S.00°46'49"W., 143.22 FEET TO SAID SOUTH LINE
OF THE NORTH HALF OF THE SOUTHEAST QUARTER; THENCE N.89°13'11"W. ALONG
SAID SOUTH LINE A DISTANCE OF 955.65 FEET TO THE POINT OF BEGINNING.
CONTAINING 18.53 ACRES.
PUDZONE2.DOCIJFK/SEPT23,1999
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 17th day of November., 1999 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 3938 _, passed by
the Bakersfield City Council at a meeting held on the 18th day of November 1999
and entitled:
An ordinance amending title seventeen of the Bakersfield
Municipal Code and zoning map No. 123-18 by changing the
Zoning of 18.53 acres generally located South of Campus
Park Drive, East of Mountain Vista Drive from and R-1 (one family
dwelling) zone to a PUD (planned unit development) zone.
(P99-0587)
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUT'~' City Clerk
S:\DOCUMENT~AOPOSTING
November 18, 1999