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HomeMy WebLinkAboutORD NO 2875ORDINANCE NO. 2875 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 BOTH SIDES OF BRENTWOOD DRIVE, NORTH OF NILES STREET 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, photos and maps and a statement pertaining to density, estimated population and conformance to the General Plan, and all other matters as required by law, and recommendations of the Planning reasons advanced at the hearing after having considered the Commission, together with the 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 3ustify the change of zone from an R-1 (One Family Dwelling) Zone and an R-2-D (Limited Multiple Family Dwelling-Architectural Design) Zone to P.U.D.; 2. That LAB DEVELOPMENT, 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; declaration 5. harmonious, 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 oi environmental impact. That the development, as proposed, constitutes a integrated plan and justifies exceptions from the normal application of the Municipal Code. 6. That the area proposed fop rezoning to a P.U.D. zone is in excess of one of the Municipal Code. NOW, THEREFORE, (1) acre as required by Section 17.52.090 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 sub3ect to the following additions to the plan: A drainage plan approved by the Public Works and Building Depart- ments is required prior to develop- ment. Sewer service shall meet the require- ments of East Niles Community Service District. The subdivider is required to install ~our, 9,500 lumen and one, 5,800 lumen H.P. Sodium Vapor street lights to be located as shown on the map. Street lights are to be installed at the time of development. The subdivider shall pay all costs in providing street lights, including furnishing and installing all street light poles, conduits, wires and luminaires. Easements for Public Utilities, if any, shall be determined by the subdivider in consultation with the Public Utilities. Dedication of Brentwood, Willis, and the north/ south street north of Willis and five-foot additional dedication of Niles is required prior to develop- ment. lO. ll. 12. Sewer fee: as required by East Niles Community Services District any. Drainage fee: $2,100 per acre. Street paving, curbs, gutters and sidewalks (5.5-foot wide on Brentwood and Niles and 4.5-foot wide on all other streets) to be constructed or bonded for prior to development. Wheel chair ramps will be required on all curb returns, unless other- wise directed by the Engineer. The Building Department requires a Preliminary Soil Report and an approved Grading Plan prior to any grading work. A Final Soil Report will be required prior to the issuing of building permits. Landscape plan shall be submitted ~or review and approved by the Planning Department, and shall be implemented prior to final building inspection. All drive approaches are to be 42- foot minimum top-to-top centered on the 25-foot wide drive aisles. Provide an on-site sewer plan to the Building Department for approval. Size and locations of all trash bins shall be approved by the Sanitation Division of Public Works Department. Under Resolution No. 68-78 and Municipal Code section 16.32.070(b) (13)~ All subdividers and all persons required to furnish fire hydrants are to purchase the required fire hydrants, hydrant burys, neces- sary bury extensions and all neces- sary bolts and gaskets from the City of Bakersfield and pay the total cost thereof. Pursuant to Sections 13.301c and 13.301d of the Uniform Fire Code, water mains and fire hydrants to be installed by developer shall be completed, tested and accepted prior to building construction. Eleven fire hydrants are required. Water mains are to be I.S.O., and City requirements with dead end mains no less than eight inches in size. 13. 14. 15. 16. 17. 18. 19. 20. Based upon available information, fire flow requirement may be 3,000 gallons per minute. Line of sight easement required at the northeast corner of Niles Street and Brentwood Drive. Dedication of vehicular access rights to Niles Street In accordance with Section 15.48.010 of the Municipal Code, pool area shall be fenced. The project shall meet all handicap requirements as per State Code. Provide a dwelling unit identifi- cation sign as per City Ordinance. Structures with excess of 3,000 square feet above the first story shall have one-hour construction. All streets and access roads to and around any building under construc- tion 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 road- ways. Emergency vehicle access must be reliable at all times. Final working drawings of project shall be submitted to the Planning Commission for review and approval within 18 months after Zone Change is approved by the City Council, and prior to issuance of building permits or construction. 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 Dy 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 propert in said City, the boundaries of which properties are shown on the map hereto attached and made a part hereof, as follows: R-1 (One Family Dwelling) Family Dwelling-Architectural Design) Zone to a Planned Unit Development (P.U.D.) Zone of those certain properties in the ot BakersfielG, being more particularly described as follows: changing the zoning boundaries from an Zone and an R-2-D (Limited Multiple City FROM AN R-1 (ONE FAMILY [~ELLING) ZONE AND AN R-2-D (LIMITED MULTIPLE FAMILY DWELLING-ARCHITECTURAL DESIGN) ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE CONTAINING 173 UNITS CONSISTING OF FIVE, ONE-STORY FOURPLEX UNITS, 18, TWO-STORY EIGHTPLEX UNITS, AND NINE SINGLE FAMILY DWELLINGS: The southerly 1,472.94 feet of the westerly 765.37 feet of the Northeast Quarter of Section 25, Township 29 South, Range 28 East, M.D.B.&M. EXCEPTING THEREFROM the right-of-way of Niles Street and the southerly 750 feet of the westerly 435.37 feet. This ordinance shall be posted in accordance with the City Cha~ter 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 28th Gay of September _, 1983, by the following vote: CITY CLERK arid Ex O,~ficio Clerk of the Council o~ the City of Bakersfield APPROVED this 28th day of September , MA~of the City ot Bakersfield 1983 APPROVED as to Form: CIT~ ATTORNEY of the~City of Bakersfield AJS/bl 6. 8/31/83 t! .:.:-:.:.: :.:.:.:.:.:.:.:.:.:.:.:.. :.: :.:.. ::::::::::::::::::::::::::::::::::::::::::: ;i:i:':i:i:i?..~.....~.. ::i:i:':i:i:!:!:i~ Affidavit of Iosthtg ®r att es STATE OF CALIFORNIA, County ef Kern PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ............................. ~.~.~.~.~_.q.r...._~. ..................................................... , 19.....~..~. he 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 ......................~_~.~.~..~.~..~...r...._~..~_ ............................., 19.....~..~ which ordina, oe was numbere~ ............~..~Z_~. ........................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 ZOINING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED ON BOTH SIDES OF BRENTWOOD DRIVE, NORTH OF NILES STEET AND MAKING FINDINGS IN CONNECTION WITH A P.U.D. ZONE. ity//Clerk Subscribed and sworn to before me this ~t~lay of October ,19 8'~