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HomeMy WebLinkAboutORD NO 2968ORDINANCE NO. 2968 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 NORTHEAST CORNER OF WILSON ROAD AND PLANZ ROAD, AND MAKING FINDINGS IN CONNECTION WIT}{ 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 Code, together with a plot plan, map and a statement pertaining to density, estimated population and conformance to the General 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 a P.U.D. to a revised P.II.D.; 2. That REX L. MARTIN, justify the change of zone from the applicant, does intend to start construction within two and one-half (2-1/2) years effective date of the zonin~ change; 3. That the proposed Planned Unit Development conforms to the General Plan; from the substantially 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 following additions to the plan: Show compliance with all handicap require- ments as per State Code. (Building) Provide an on-site sewer plan· (Building) Show on the site plan the proposed landscape areas, to meet minimum City standards, as part of plans submitted for building permit. A landscape and irrigation plan shall be submitted to the Planning Department for approval prior to the issuance of any build- ing permit, and approved landscaping shall be installed prior to final building inspec- tion or occupancy of any building. (Planning) 5 o 6. 7. 8. 10. 11. 12. 13. 14. 15. 16. It is the City's policy to protect privacy of side and rear yards in single-family zones and condominiums of a single'family character with private side and rear yards. Overlooks which might be from such places as windows, balconies, porches, landings and decks above the first floors of commercial or apartment buildings shall be prevented by architectural screening. (Planning) Construct a 6' masonry wall between parking and adjacent residential properties. (Planning) Show all fire hydrant locations and required fire flows on site plan. (Fire) Construct standard wheelchair ramps on all returns. (Public Works) Provide 42' wide drive approaches as shown on the attached plan. Center drive approach on the proposed 25' to 30' wide drive aisle. (Traffic) Two-way drive aisles shall be a minimum of 25 feet wide. Show on the site plan. (Traffic) Two-way parking aisles shall be a minimum of 25 feet wide to provide proper backup space for right angle parking. (Traffic) Show typical parking stall dimensions (8- 1/2' x 20' is standard). (Traffic) The parallel parking use is of poor design. Vehicles backing out of the garages tend to back into the parallel-parked vehicles. We suggest using head-in parking as much as possible to reduce the number of parallel spaces utilized. (Traffic) Provide dwelling unit identification signs per Ordinance 2682 for approval of the Building Director prior to Certificate of Occupancy. (Building) Bodies of water 18" or more in depth are to be fenced. (Building) Buildings with floor area over 3,000 square feet about the first story, required to be one hour construction throughout. (Building) 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) 17. 18. 19. 20. 21. 22. 23. 24. 25. Provide six fire hydrants as shown on the attached plan. Water mains are to be installed per 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 2,000 gallons per minute. 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. Pursuant to Sections 10.301c and 10.301d of the Uniform Fire Code, water mains and fire hydrants to be installed shall be completed, tested and accepted prior to issuance of any building permit. (Fire) Provide the Fire Department with one set of approved water plans prior to the issuance of any building permit. (Fire) 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. (Public Works) Obtain a permit from Public Works prior to any work within the City right-of-way (street, alley, or easement). Submit a copy of the approved site plan when applying for any permit. (Public Works) Provide three copies of the grading plan with soils report to Public Works. These must be approved before issuance of a building permit. (Public Works and Building) Sewer service is available in Planz Road and in Wilson Road. Engineered sewer plans shall be approved by either the Public Works Department or Building Department prior to issuance of a building permit. (Public Works) An offer of dedication of right-of-way on Planz Road shall be required as shown. Acceptance of such offer will be conditioned upon the completion of required improvements by the developer and acceptance of those improvements by the City. (Public Works) The developer shall construct curb, gutter, 5.5' wide sidewalks, and required street paving on Planz Road, and 5.5' sidewalks on Wilson Road. All construction shall be in accordance with City approved plans and standards. (Public Works) 26. 27. 28. 29. 30. 31. Engineered improvement plans shall be approved by the City Enclineer prior to issuance of a building permit. (Public Works) Curb returns on WJlson Road and Planz Road shall have 30' radius. (Public Works) No occupancy will be permitted until all required improvements have been completed by the developer and accepted by the City. (Public Works) A waiver of access rights to Wilson Road and to Planz Road will be required from adjacent property except at approved, designated driveway locations. (Public Works) A permit from the Public Works Department is required before installation of a drive approach. The developer or contractor shall bring a copy of the site plan review conditions and an approved plan when applying for a drive approach permit. (Traffic) The total number of units shall be reduced to 62 with single story units on entire perimeter of project. C. The six (6) findings as stated above are hereby adopted, including specifically a negative declaration of environ- mental 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. E. The Zoning Map is hereby ordered changed by identify- ing 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 s~,me 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 a P.U.D. Zone to a Revised Planned tinit Development (Revised P.U.D.) Zone of those certain properties in the City of Rakersfield, being more particularly described as follows: FROM A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE TO A REVISED P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE CONSISTING OF 16, ONE AND TWO STORY STRUCTURES, CONTAINING 70, TWO AND THREE BEDROOM APARTMENT UNITS WITH OPEN SPACE AND SWIMMING POOL: That portion of the southwest 1/4 of the southeast 1/4 of Sectio~ 10, Township 30 South, Range 27 East, M.D.B.&M., in the City of Bakersfield, County of Kern, State of California, as per MaD recorded May 23, 1958 in Book 7, Page 74 of Records of Survey, in the Office o~ the County Recorder of said County, described as follows: Beginning at the intersection of the west line of the southeast 1/4 of Section 10 and the north line of County Road No. 158, also known as Fraser Road. For the purpose of this description the north line of said County Road being parallel with and 30 feet northerly of the south line of said Section 10; Thence from said point of beginning north along the west line of the southeast 1/4, distance of 465.00 feet; Thence east and parallel with the north line of said County Road, a distance of 465.00 feet; Thence south and parallel with the west line of said southeast 1/4, a distance of 465.00 feet to a point on the north line of County Road No. 158; Thence west along said north line, 465.00 feet to the Point of Resinning. 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 foreGoin~ Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 27th day of February , 198__~, by the followin~ vote: Council of the City of Bakersfield APPROVED this 27thday of February , 1~._~ MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNey of tt~e ~ity of Bakersfield AJS/bl 7. Affihaut! of osltug rhtuaures STA~£ OF CALIFORNIAI 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 Februarv 28 , 19. 85 , 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 February 27 , 1985 , which ordinance was numbered 2968 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 NORTHEAST CORNER OF WILSON ROAD AND PLANZ ROAD, AND MAKING FINDINGS IN CONNECTION W~TH A P.U.D. ZONE. Subscribed and sworn to before me this