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HomeMy WebLinkAboutORD NO 2915ORDINANCE NO. 2915 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF TITLE 17 OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED ON THE EAST SIDE OF STINE ROAD, 800 FEET SOUTH OF HARRIS ROAD AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. 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 on the properties hereinafter described; and WHEREAS, the City Council has determined, after due consideration of said application consisting of a Preliminary Development Plan indicating the matters required by Section 17.52.020 of the Municipal and a statement pertaining conformance to the General Code, together with a plot plan, map to density, estimated population and 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 properties, that a zoning change should be authorized; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. That the public necessity, convenience, general welfare and good zoning practice justify the change of zone from Dwelling) Zone to P.U.D. (Planned Unit Develop- an R-1 (One Family ment) Zone; 2. That GREG OWENS FOR SAMI C. SROUR, the applicant, does intend to start construction within two and one-half (2-1/2) years from the effective date of the zoning change; 3. That the proposed Planned Unit Development substantially conforms to the General Plan; 4. 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 which will be in harmony with the surrounding residential neighborhood which is of similar design and density, and that the foregoing facts warrant a negative declaration of environmental impact. 5. That the development, as proposed, constitutes a harmonious, integrated plan and justifies exceptions from the normal application of the Municipal Code. 6. That the area proposed for rezoning to a P.U.D. zone is in excess of one (1) acre as required by Section 17.52.090 of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: A. The above recitals are true and correct. B. The Preliminary Development Plan and accompanying documents, as submitted, are approved and adopted subject to the the plan: following additions to 1. 2. 5e Retain drainage on-site. Extend the sewer line from Stine Road to serve each unit. Construct curb, gutter, 5.5-foot minimum width sidewalk, street paving to City standards on Stine Road. Submit engineered construction plans to be approved by the City Engineer prior to issuance of a building permit. (For Stine Road improvements & sewer system.) Interior private street to be constructed to City of Bakersfield standards with 4.5-foot wide on at least one side of the street. Curb return radii on Stine Road to be 30 feet. Install two 9,500 lumen HPSV street lights as shown. Developer is to pay all costs in installing the street lights. 8. Dedicate 25-feet on Stine Road as shown on the plot plan. e 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Dedication shall include waiver of direct access to $tine Road except at the two entrances. Install four metro size street name signs if required for addressing. Submit a preliminary soil report and three copies of the grading plan to be approved prior to issuance of a building permit. Provide utilities in accordance with Section 16.32.070 B. 6 of the City Municipal Code. Submit performance, labor and materials bonds to guarantee construction of the required improvements. Meet handicap requirements as per State Code. Dwelling unit location identification sign is to be provided to the satisfaction of the Building Director. An Acoustical Engineer shall design the structures within the project to mitigate noise exposures of 60 db or greater in accordance with the CNEL Contours and Title 24 of the California Administrative Code. Bodies of water 18" or more in depth are to be fenced. Buildings with floor area over 3,000 feet above the 1st story are required to be of one-hour construction through- out. Final Soil Reports are to be submitted and approved prior to issuance of a building permit. Trash bin locations shall be a minimum of 10 feet away from adjacent parking to maintain adequate sight visibility. Pursuant to Sections 10.301c and 10.301d of the Uniform Fire Code, water mains and fire hydrants to be installed by developer shall be completed, tested and accepted prior to building con- struction. 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. 22. 23. 24. 25. 26. 27. 28. Four fire hydrants required. Water mains are to be 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 2,500 gallons per minute. 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. Show 6' x8'x4" concrete pads at grade level for refuse bins on final develop ment plans and install them. Provide three additional parking spaces to bring the total number of 217 spaces as required per Section 17.58 of the Zoning Ordinance. Both the landscape and irrigation plans shall be submitted for review and approval by the Planning Department. The irrigation system shall be installed and the landscape plan implemented prior to final building inspection. The final development plan shall be submitted for approval to the Planning Commission within 18 months from the effective date of this zone change. 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. The windows on the second stories shall be architecturally screened or adequate landscaping along the perimeter of the project to prevent any overlook into the rear and side yards of the adjacent single family residential lots as per Council Resolution No. 57-82. C. The six (6) findings as stated above are adopted, including specifically a negative declaration impact in accordance with finding 4 above. D. The Preliminary Development Plan is incorporated into this Zoning Ordinance by reference as fully as though set forth herein. hereby of environmental E. The Zoning Map is hereby ordered changed by identifying the area hereinafter described with the map symbol P.U.D. F. Section 17.06.020 of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of certain properties in said City, the boundaries of which properties are shown on the map hereto attached and made a part hereof, as follows: changing the zoning boundaries from an R-1 (One Family Dwelling) Zone to a Planned Unit Development (P.U.D.) Zone of those certain properties in the City of Bakersfield, being more particularly described as follows: FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE CONSISTING OF ONE AND TWO-STORY APARTMENT UNITS CONTAINING A TOTAL OF 100 UNITS: That portion of the southwest quarter of Section 23, Township 30 South, Range 27 East, M.D.B.&M., in the City of Bakersfield, County of Kern, State of California. Accord- ing to official plat of said land approved by the Surveyor General June 1, 1855 described as follows: Beginning at the southwest corner of the north half of the southwest quarter of said section; Thence South 89°43'10" East along the south line of the north half of the southwest quarter a distance of 569.99 feet; Thence North 00°01'18" East a distance of 528.329 feet; Thence North 89°43'10" West a distance of 570.000 feet to the west line of Section 23; Thence South section line the Point of 00°01'18" East along said a distance of 528.565 feet Beginning. to 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 .......... 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 the 16th day of May , 198~, by the following vote: AYES: COUNCILMEN; BARTON, CH;LD$, CHRISTENSEN, MOORE, PA'r'NE, RATTY, ROCKOFF C~TY CL~ and Ex Of?lclo Clerk of the Council of the City of Bakersfield APPROVED this 16th, day of /( j--/..--~. f the (/ity of Bakersfield APPROVED as to form: CI AT/~~YY of th~~e ty of Bakersfield bl 6. F-F~ ]JrvtA O Linda, Inc PINE CASTLE AVENUE NORTH I"= 200' ZONE CHANGE NO. 4107 R-I to RU.D. GREGG. OWENS EAST OF STINE ROAD SOUTH OF HARRIS ROAD Aff avtt of Ilosttng O riltnanres STATE OF CALIFORNIAl ss. County of Kern MARGUERITE ANDERSON, Being duly sworn, desposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on May 17 , 19 $J4 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on May 16 , 198~ , which ordinance was numbered 2915 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF TITLE 17 OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED ON THE EAST SIDE OF STINE ROAD, 800 FEET SOUTH OF HARRIS ROAD AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. ZONE. Clerk Subscribed and sworn to before me this 17th. . May 1,~ 84 _~/aay ox , ~, Notary Public in and for the County of Kern, State of California NOTARY PUBLIC ' CALIFORNIA