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
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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'~