HomeMy WebLinkAboutORD NO 3770ORDINANCE NO. 3 ? 7 0
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP
102-19 BY CHANGING THE ZONING OF 17.34 +/-ACRES
GENERALLY LOCATED WEST OF CALLOWAY DRIVE
BETWEEN MEACHAM ROAD AND ROSEDALE
HIGHWAY.
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
held a public hearing on a petition to change the land use zoning of those certain
properties in the City of Bakersfield generally located west of Calloway Drive between
Meacham Road and Rosedale Highway; and
WHEREAS, by Resolution No. 21-97 on March 20, 1997, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve a change from E (Estate Residential - 10,000 square
foot minimum lot size) to PCD (Planned Commercial Development) and C-2 (Regional
Commercial) as delineated on attached Zoning Map No. 102-19 marked Exhibit "B", by
this Council and this Council has fully considered the recommendations made by the
Planning Commission as set forth in that resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did
make severel general and specific findings of fact which warranted a negative
declaration of environmental impact and changes in zoning of the subject property from
Estate Residential to Planned Commercial Development and Regional Commercial and
the Council has considered said findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and
adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by city staff, Planning
Commission and this Council; and
WHEREAS, a Negative Declaration with mitigations was advertised and
posted on February 21, 1997, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows General
Commercial development, subject to approval of General Plan Amendment Case No.
P97-0052; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act (CEQA)
have been followed.
3. The proposed project will not have a significant effect on the
environment.
4. Conditions of approval as shown on Exhibit "A" are included in the
project to mitigate impacts.
5. The proposed zoning classification is compatible with existing and
projected zoning and land uses in the surrounding vicinity.
6. Conditions of approval for the Planned Commercial Development
project in accordance with the site plan approval process and pursuant to the mitigated
Negative Declaration, will assure compatibility of the project with surrounding land uses,
and reduce its impact on the physical environment to less than significant.
7. The proposed commercial designation is consistent with the level
of circulation access and public services presently available in the area.
8. Based on the absence of evidence in the record as required by
Section 21082.2 of the State of California Public Resources Code (CEQA) for the
purpose of documenting significant effects, it is the conclusion of the Lead Agency that
this project will result in impacts that fall below the threshold of significance with regard
to wildlife resources and, therefore, must be granted a "de minimis" exemption in
accordance with Section 711 of the State of California Fish and Game Code.
Additionally, the assumption of adverse effect is rebutted by the above-referenced
absence of evidence in the record and the Lead Agency's decision to prepare a
Negative Declaration for this project.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration is hereby approved and adopted.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City
of Bakersfield be and the same is hereby amended by changing the land use zoning of
that certain property in said City, the boundaries of which property is shown on Zoning
Map No. 102-19 marked Exhibit "B" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "C".
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "A", subject to approval of GPA P97-0052.
SECTION 2.
This ordinance shall be posted in accordance with provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
......... O00 .........
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
MAY 2 I 1~97 , by the following vote:
AYES: COUNCILM~MBER DeMOND, CARSON, ~,itR~,, McDERMO'rT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEM~7:-R Y~,~3¥,~
AB,~AIN: COUNCILMEMBER ~
ABSENT: COUNCILMEMBER ~ -~
ITY CLERK and Ex OfficiOClerk of the
Council of the City of Bakersfield
APPROVED MAY 2 1 1~97
B(]~PRI~E
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
MJM:pjt
res\oz0052-cc
April 15, 1997
4
Exhibit "A"
Conditions of Approval/Mitigation Measures
GPA/ZC/CUP P97-0052
Planned Commercial Development
Plannine Department
Site development shall be substantially as shown on Attachments "P1, P2, P3 and P4." Where
conditions of approval and site plans are different the conditions of approval shall prevail. Prior to
the City Council public hearing, site plans shall be amended to show "site plan review committee"
requirements, and where applicable, other conditions of approval. The signs as shown on the site
plan are hereby approved by the City Council. The pylon sign may have a height of 23 feet and
an area not to exceed 160 square feet, and shall be set back no less than 15 feet from the
ultimate right-of-way line of Calloway Drive. Any other sign must be approved pursuant to Section
17.54.100 of the Planned Commercial Development zone of the Municipal Code.
The exterior building walls located at or along the property lines shall be of two hour fire
resistive construction. The walls connecting these buildings shall be of a height equal to
the exterior building walls (no less than eight and one half feet) and shall also be of two
hour fire resistive construction. Exterior walls meeting the foregoing construction and
height requirements shall be completed along the entire property line perimeter of the
respective development phase, prior to occupancy approval for that phase. The roofs of
all storage buildings located adjacent to property lines shall slope towards the interior of
the mini-warehouse storage complex, away from the abutting residential properties.
Fencing adjacent to the retention basin need not be 8 feet high, but shall conform to city
standards.
Future project development within "Phase 3" as shown on Attachment "PI" is NOT A PART of this
approval, and shall require approval of a subsequent Planned Commercial Development and
Conditional Use Permit application.
Prior to submittal of an application for final site plan review, a qualified amhaeologist shall
complete an amhaeological study on all previously unimpacted portions of the site, in compliance
with the California Environmental Quality Act. All measures recommended by such study shall be
completed prior to recordation of the final site plan approval. Proof of such compliance shall be
submitted to the Development Services Department and to the Southern San Joaquin Valley
Information Center.
The configuration and layout of the project entryway, office/residence and storage buildings, and
proposed future development Phase 3 within the northeasterly "panhandle" portion of the Planned
Commercial Development may, at the applicant's option, be juxtaposed or reversed on the final
development plans required to be submitted pursuant to Section 17.54.050 of the City of
Bakersfield Municipal Code. Should the applicant exercise this option for redesign, the final
development plans incorporating such revisions shall be considered consistent with the intent and
design parameters of this approval
Public Works:
The developer shall be required to contribute to the Phase II, Regional Traffic Impact Fee (RTIF),
based upon the actual developed uses per the adopted fee schedule. These fees have been
established by Council as minimum mitigation for build out of the General Plan.
The general commercial portion (corresponding to the adjacent C-2 zoning request) of the GPA
consists of no changes to the shopping center site and the mitigation measures, based on the
October, 1994, traffic study prepared by Crenshaw Traffic Engineers, are still appropriate. '~ ~' ~-
Exhibit "A"
GPA/ZC/GPA P97-0052
Page 2
8. Per the traffic analysis by Ronald F. Ruettgers Civil Engineer, dated February 7, 1997, the mini-
storage portion of the project generates a change in peak hour trips below thresholds which would
warrant a traffic study impact study, and therefore, no added mitigation is recommended.
Site Plan Review Conditions:
"A" CONDITIONS - These conditions require specific alterations to the site plan. These changes must be
reflected on all final plans submitted to the Building Department. P/an check will not begin until a// "A"
conditions are correctly shown on the plans submitted.
11.
Designate a fire lane, pursuant to City requirements, as shown on the attached site plan. Please
indicate spacing between signs that meet City standards. (Fire)
Indicate on the final plan all on-site fire hydrant locations and required fire flows. (Fire)
The applicant shall indicate on the site plan submitted for building permits, that the proposed
landscaped areas meet minimum City standards in accordance with Title 17.53.061 of the
Municipal Code. A landscape plan including specifications for irrigation shall also be submitted to
the Planning Department for approval before the Building Department will begin plan check.
(Planning)
12.
Indicate on the final plan exterior wall construction as shown on the attached plans, and
in accordance with the fire resistive, height and phasing requirements outlined in
amended Condition of Approval No. 2.
Fencing adjacent to the retention basin in the southwest corner of Phase 2 need not be 8 feet
high, but shall conform to city standards.
13.
Parking lot lighting shall be provided pursuant to Section 17.58.060 A of the Municipal Code.
Lights shall be designed, arranged, and shielded to reflect away from adjacent residential
properties and streets with illumination evenly distributed across the parking area. All light fixtures
shall be located between 15' and 40' above grade. Lighting direction and light fixtures shall be
shown on the final site plan. (Planning)
14.
The applicant shall pay to the city the amount of $42,892 (per Agreement #95-124) for street
improvements constructed by the city. (Engineering Services)
15.
16.
17.
The applicant shall construct 5.5' wide concrete s dewalks 'nc udlng hand~cap ramps and returns
on Calloway Drive pursuant to City Standard. (Engineering Services)
The applicant shall construct on-site paving with a minimum of 2" Type B, A.C. over 3" Class II
A.B., or paving equivalent as approved by the City Engineer. (Engineering Services)
The applicant shall install two, 9,500 lumen street lights on Calloway Drive as shown on the
attached plan. (Engineering Services)
18.
The applicant shall utilize the existing 8" sewer line with existing manhole just south of the
southerly property line by directly connecting to this manhole. The need for a sewer lift station
shall be eliminated. The existing wet well located at the southeast corner of the property shall be
abandoned. (Engineering Services)
19.
Indicate on the final plan one, 6' x 8' refuse bin location pursuant to City Standard S-43.
(Sanitation)
Exhibit "A"
GPNZC/GPA P97-0052
Page 3
20.
Street return type approach(es), shall have minimum 20' radius returns with a 40' throat width.
(Traffic Engineering)
"B" CONDITIONS - These conditions must be satisfied prior to the Building Department
completing plan check for the project.
21.
22.
In order to provide adequate fire protection during construction, the applicant shall install
six fire hydrant(s) as shown on the attached plans or provide alternative fire suppression
as approved by the Fire Department prior to final site plan approval. (Fire)
Provide secondary emergency access. (Fire)
23.
The applicant shall provide four copies of the grading plans and two copies of the preliminary soils
report to the Building Department. Indicate treatment of the wet well which is to be abandoned.
(Engineering Services and Building)
24.
A master drainage plan for the entire site, including an additional adjacent 7 acres (22 acres
total), shall be submitted for review and approval of the City Engineer prior to issuance of building
permits. (Engineering Services)
25.
The Sanitation Division shall be contacted to determine alternatives to allow the safe collection of
refuse and/or recyclables. (Sanitation)
"C" CONDITIONS - These are informational notes that will assist in completion and operation
of the project. There are also conditions identified that must be satisfied prior to plan check
being completed. The deadline for complying with those conditions is specified in the condition.
26.
The applicant shall contact the Fire Safety Control Division, 1715 Chester Avenue, Suite 300 (Fire
Prevention Bureau) for fire and safety requirements and provide one (1) set of building plans
showing the required plan corrections to Fire Safety Control (Fire Marshal, (805) 326-3951) prior
to the final site plan being approved. (Fire)
27.
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)
28.
Based upon available information, the fire flow requirement may be 3,500 gallons per minute.
All persons required to furnish fire hydrants are hereby required to purchase the required fire
hydrants from the City of Bakersfield. (Fire)
29.
The applicant shall post the designated fire lane as required by the City prior to occupancy of any
portion of any building. (Fire)
30.
The applicant shall provide the Fire Department with one set of approved water plans prior to the
issuance of any building permit. (Fire)
31.
32.
This review does not include approval of any additional signs for the project (excepting the sign
approved pursuant to Condition No 1). A separate permit is required for all new signs, including
construction signs, from the Building Department. (Building)
The applicant shall provide fire resistive wall construction details for extedor walls of buildings~j:~M.'?,~
are at or near the property line. (Building) ~'~ ' ;:~,
Exhibit "A"
GPNZC/GPA P97-0052
Page 4
33.
Indicate on the final plan compliance with all handicap requirements pursuant to State Building
Code. (Building)
34,
A final soils report shall be submitted to the Building Department prior to issuance of any building
permits. (Building)
35
36
School District fees will be assessed at the time of issuance of a buildina permit. (Building)
The minimum parking required for this project has been computed as follows:
37.
38.
Residence =
636 sq.ft. Office @ 230 =
Phase 1 storage/138,800 sq.ft @ 1,000 =
Phase 2 storage 66,200 sq.ff. @1,000 =
TOTAL REQUIRED =
2 spaces
3 spaces
139 spaces
66 soaces
210 spaces
(Planning)
Approved landscaping shall be installed prior to final building inspection or occupancy of any
building. Landscape inspections are on Fridavs. Call Dave Dew at 326-3594 or Louise Palmer at
326-3680 prior to the Friday you wish your inspection. (Planning)
NOTICE - Habitat conservation fees for this project will be calculated based on the fee in effect at
the time (currently $1,240 per gross acre) payable to the Planning Department prior to issuance of
an urban development permit (includes grading plan approvals) as defined in the
Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat
Conservation Plan. Upon payment of fees, the applicant will receive acknowledgment of
compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/
Management Agreement Section 3.1.4). (Planning)
39.
40.
41.
Prior to building occupancy, sub-standard off-site improvements shall be reconstructed to city
standard or repaired as directed by the City Engineer. (Engineering Services)
The applicant shall pay to the City $30 per linear foot of frontage for construction of his share of
half of the landscaped median island prior to issuance of building permits. (Engineering Services)
The developer shall be responsible for providing all labor and materials to energize all street lights
adjacent to the site. All street lights SHALL BE energized prior to occupancy. (Engineering
Services)
42.
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. (Engineering
Services)
43.
A transportation impact fee for regional facilities shall be paid at the rate in effect at the time of
issuance of a building permit. Based on the rate schedule in effect for the 1996-1997 fiscal year
and the proposed project use, a rate of $38 per vehicular tdp would be anticipated. Upon
submission of construction plans for the project, the Public Works Department will provide an
estimate of the total fee. (Engineering Services)
44.
45.
A permit from the Public Works Department is required prior to any work within City right-of-way
(street, alley, easement). A copy of the approved site plan with conditions shall be submitted to
the Public Works Department at the time of application for a permit. (Engineering Services)
The applicant shall provide one, three cubic yard front loading type refuse bin for the contain,,o~.r~.,:,,
of refuse or recyclables. (Sanitation) ' ': ,~ ~
Exhibit "A"
GPA/ZC/GPA P97-0052
Page 5
46. Facilities required to provide recycling areas shall provide locations of sufficient size as defined in
Bakersfield Municipal Code, Chapter 8.32. (Sanitation)
47.
48.
Facilities required to provide grease containment shall provide a storage location separate from
refuse or recycling bin locations pursuant to City Standard S-43. (Sanitation)
Facilities requiring infectious or medical waste services shall obtain approval for separate
infectious or medical waste storage areas from the Kern County Environmental Health Services
Department. In no instances shall the refuse or recycling bin area be considered for infectious
waste containment purposes. (Sanitation)
MJM
March 31, 1997
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CITY OF BAKERSFIELD
ZONING MAP 102-19
SEC. [9 T 295 R 27t
LEGEND
EXHIBIT "C"
Legal Description
ZONE CHANGE NO. P97-0052
ZONE CHANGE FROM E (ESTATE) TO PCD (PLANNED COt/tqERCIAL DEVELOPHENT)
BEGINNING AT THE EAST
MOUNT DIABLO BASE AND
37" E, 512.25 FEET TO
QUARTER CORNER OF SECTION lg, TOWNSHIP 29 SOUTH, RANGE 27 EAST,
MERIDIAN; THENCE S 8g° 50' 10" W, 30.00 FEET; THENCE S 00° 06'
THE TRUE POINT OF BEGINNING;
THENCE (1) S
THENCEliI S
THENCE N
THENCE N
THENCE (5) N
THENCE (6) N
8g° 49' 48" W, 1310.13 FEET;
O0~ 00' 04" E, 820.08 FEET;
89~ 59' 20" E, 503.22 FEET;
O0° 05' 3g" W, 486,56 FEET;
89° 53' 23" E, 808.37 FEET;
00' 06' 37" W, 335.75 FEET;
CONTAINING 15.69 ACRES, MORE OR LESS.
ZONE CHANGE FROM E (ESTATE) TO C2 (REGIONAL COMMERCIAL)
BEGINNING AT THE EAST QUARTER CORNER OF SECTION lg, TOWNSHIP 2g SOUTH, RANGE 27 EAST,
MOUNT DIABLO BASE AND MERIDIAN; THENCE S 89° 50' 10" W, 30.00 FEET; THENCE S O0° 06'
37" E, 848.00 FEET; THENCE S 89° 53' 23" W, 640.5g FEET TO THE TRUE POINT OF B~GINNING;
THENCE (1)
THENCE (2)
THENCE
THENCE
S 89° 53' 23" W, 167.78 FEET;
S O0° 05' 3g" E, 486.66 FEET;
N 8g° 59' 20" E, 167.76 FEET;
N O0° 05' 39" W, 486.56 FEET;
CONTAINING 1.87 ACRES MORE OR LESS.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 the 27th day of May, 1997 she posted on the Bulletin Board at City Hall, a full,
true and correct copy of the following: Ordinance No. 3770, passed by the Bakersfield City
Council at a meeting held on the 21st day of May, 1997, and entitled:
Ordinance amending Title Seventeen of the
Bakersfield Municipal Code and Zoning Map
102-19 by changing the zoning of 17.34 +/-
acres generally located west of Calloway
Drive between Meacham Road and Rosedale
Highway
/s/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPU-P/r City Clerk