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HomeMy WebLinkAboutORD NO 2978ORDINANCE NO. 2978 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 AT 200 COFFEE 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 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 W~EREAS, 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 an R-2-D (Limited Multiple Family Dwelling-Architectural Design) Zone and an R-3-D (Limited Multiple Family Dwelling-Architectural Design) Zone to a P.U.D. (Planned Unit Development) Zone; 2. That ROBERT W. HARDT, HARDT DEVELOPMENT, the applicant, does intend to start construction within two and one-half (2-½) years from the elfactive 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, T~EREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: documents, following additions to The above recitals are true and correct. The Preliminary Development Plan and accompanying as submitted, are approved and adopted subject to the the plan: Show compliance with all handicap requirements as per State Code. (Building) Provide an on-site utility plan. (Building) Buildings, with floor area over 3,000 square feet above the first story, required to be one hour construction throughout. (Building) Provide dwelling unit identification signs per ordinance 2682 for approval of the Building Director prior to Certificate of Occupancy. (Building) An Acoustical Consultant 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 Administration Code as a part of building plans submitted for plan check. (Building) Bodies of water 18 inches or more in depth are to be fenced. (Building) -2- 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 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 commer- cial or apartment building shall be prevented by architec- tural screening. (Planning) Construct a 6 foot high concrete block wall along easterly property line as shown on plot plan. (Planning) A landscape and irrigation plan shall be submitted to the Planning Department for approval prior to issuance of any building permit and approved landscaping shall be installed prior to final building inspection or occupancy of any building. (Planning) Parcel Map Waiver # 11-85 must be recorded prior to issuance of a building permit. (Planning) Designate a fire lane, per City requirements, as the attached site plan. Please indicate spacing signs to meet City standards. (Fire) shown on between Designate emergency access as shown. (Fire) Show all fire hydrant locations and required fire flows on site plan. (Fire) 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) Provide emergency access as shown. (Fire) Provide twelve fire hydrants as shown on the attached plan. (Fire) Water mains are to be installed per I.S.O. and City require- ments with dead end mains no less than 8" in size. (Fire) Based upon available information fire flow requirement may be 2,000 gallons per minute. (Fire) Under Resolution No. 68-78 and Municipal Code Sections 16.32.070(A) and 16.32.070(B): All subdividers and all per- sons 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. (Fire) 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 emergency access gate as shown. (Fire) Post the designated fire lane as required by the City prior to occupancy of any portion of any building. (Fire) An approved automatic fire alarm system shall be installed. (Fire) -3- 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Provide the Fire Department with one set of approved water plans prior to the issuance of any building permit. (Fire) Show location of existing curbs, gutters, sidewalks, paving, utility poles, fire hydrants, street lights, sewers, traffic signal devices, etc. Show a minimum 2" AC over 3" Class 2 A.B. pavement section or as approved by the City Engineer. Sub-standard off-site improvements shall be reconstructed to City Standards. (Public Works) Show location of existing drainage facilities. Construct standard handicap ramps on all returns. Works) (Public Construct standard median islands in Coffee Road. Works) (Public Verify location of sewer and water line easements relative to buildings. (Public Works) A sewer connection fee shall be paid prior building permit. The fee will be based on adopted charges at the time of issuance of mit. (Public Works) to issuance of a the current the building per- 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 per- mit. (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) Show sixteen, 6' x 8' refuse bin locations as shown on attached plans. (Sanitation) Provide sixteen, four cubic yard, rear loading type refuse bins on concrete pads per standard #S-43. (Sanitation) Two-way drive aisles shall be a minimum of 24 feet wide. (Traffic) Two-way parking aisles shall be a minimum of 25 feet wide provide proper back-up space for right angle parking. (Traffic) to -4- 37. Show typical parking stall dimensions (8½' x 20' is standard), Ord. 17.58.010(B). (Traffic) 38. Handicap parking spaces shall be 9'x20' with 5'x20' unload- ing zone on right side of space. (Traffic) 39. A permit from the Public Works Department is required before installation of a drive approach. The developer or contrac- tor shall bring a copy of the site plan review conditions and an approved plan when applying for a drive approach per- mit. (Traffic) 40. The main entrance to the development shall be designed to have a clear aisle 100 +/- square feet long from Coffee Road without intersecting aisles or parking. The location shall align with the shopping center development to the west (Tenneco). (Traffic) 4¸] o At locations required by the Fire Department for emergency access, a drive approach will be required of minimum width to serve the access. The emergency access shall be gated, chained or otherwise suitably closed to public traffic to the satisfaction of the Fire Department and the Traffic Engineer. (Traffic) 42. If gates are proposed at the public access points, they shall be in conformance with City Standard S-42. (Traffic) 43. Median islands shall be constructed on Coffee Road. The main opening shall be consistent with the prosed signalized private road intersection for the shopping center to the west and the exact location coordinated with the shopping center project (Tenneco). (Traffic) 44. The main entrance shall use a minimum 36 foot wide aisle with 20 foot radius curb returns. (Traffic) 45. When the intersection of the main entrances to the shopping center and the residential development on Coffee Road is signalized, vehicle detect or loops will be installed at the entrance. (Traffic) C. The six (6) findings as stated above are hereby adopted, including specifically a negative declaration of environmental 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 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 -5- attached and made a part hereof, as follows: changing the zoning boundaries from an R-2-D (Limited Multiple Family Dwelling-Architectural Design) Zone and an R-3-D (Limited Multiple Family Dwelling-Architectural Design) Zone to a P.U.D. (Planned Unit Development) Zone of those certain properties in the City of Bakersfield, being more particularly described as follows: FROM AN R-2-D (LIMITED MULTIPLE FAMILY DWELLING-ARCHITECTURAL DESIGN) ZONE AND AN R-3-D (LIMITED MULTIPLE FAMILY DWELLING-ARCHITECTURAL DESIGN) ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE CONSISTING OF 40, TWO-STORY, EIGHT UNIT STRUCTURES CONTAINING A TOTAL OF 320 DWELLING UNITS. Being a portion of Parcel A of Parcel Map No. 5700 recorded in Book 26 of Parcel Maps at Page 7, in Section 33, T29S., R27E., M.D.B.&M., City of Bakersfield, County of Kern, State of California, and more par- ticularly described as follows: Commencing at the centerline intersection of Coffee Road and Stockdale Highway; Thence, along said centerline of Stockdale Highway, S 89050'40" E, 657.64 feet; Thence North 0°10'59" E, 55.00 feet to the True Point of Beginning; Thence, continuing N 0°10'59" E, 5.00 feet; Thence, N 0004'55" E, 215.13 feet; Thence, N 11025'52" W, 187.36 feet to a point on the Southerly right-of-way line of Westfield Road, said point also being on a curve concave to the Northwest with a radius of 530.00 feet, the center of which bears N 31039'50" West; Thence, Southwesterly along said curve through a central angel of 31~42'35", an arc distance of 29.32 feet; Thence, N 89°57'15" W, 25.51 feet to the begin- ning of a tangent curve concave to the Southeast with a radius of 20.00 feet; Thence, Southwesterly along said curve through a central angle of 90001'27", an arc distance of 31.42 feet to a point on the easterly right-of-way of the before mentioned Coffee Road; -6- Thence Southeasterly along said curve through a central angle of 89°51'58", an arc distance of 31.37 feet to a point on the Northerly right-of-way line of the before mentioned Stockdale Highway; Thence South 89°50'40" E, 582.84 feet to the True Point of Beginning. Contains 14.93 acres. 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 .......... -7- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regu- lar meeting thereof held on the 12th day of June , 1985, by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 12th day of June , 198--5 MAYOR of the City of B~kersfield APPROVED as to form: CIT TTOR of the City of Bakersfield AJS:mro O.HARDT -8- /' ~ PARCEL / I NO / ~ 5197 4251 QUAlI,W~ R-2-D & R-5-D TO P.U.D NORTH Z.C. 4298 HARDT DEVELOPMENT 200 COFFEE ROAD AffiXart! of osting ( rhinan es STATE OF CALIFORNIA t ss. 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 June :1.7, , 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 June 12 , 19 85 , which ordinance was numbered 2978 New Series, and entitled: AN ORDINANCE O~ THE COUNCIL OF THE CITY OF BAKERSFIELD AHENDING SECTION 17.06.020 OF TITLE 17 OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CIWY OF BAKERSFIELD LOCATED AT 200 COFFEE ROAD; AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. ZONE. City Clerk Subscribed and sworn to before me this 17th . f June ~ 85