HomeMy WebLinkAboutORD NO 3767ORDINANCE NO. 3 ? 6 7
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP
NO. 102-31 BY CHANGING THE ZONING OF 20.33
ACRES GENERALLY LOCATED NORTHEAST OF
CALLOWAY DRIVE AND THE CROSS VALLEY CANAL
FROM A PUD (PLANNED UNIT DEVELOPMENT) ZONE
TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE FOR
DEVELOPMENT OF A 430 BED, MULTI-LEVEL MEDICAL
AND RECOVERY CARE CENTER.
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 northeast of Calloway Drive and
the Cross Valley Canal; and
WHEREAS, by Resolution No. 11-97 on Mamh 20, 1997, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve zone change of the subject property from a PUD
(Planned Unit Development) zone to a PUD (Planned Unit Development) zone for
development of a 430 bed, multi-level medical and recovery care center on 20.33
acres, as delineated on attached Zoning Map No. 102-31 marked Exhibit "1", 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 several general and specific findings of fact which warrented a negative
declaration of environmental impact and changes in zoning of the subject property from
a PUD (Planned Unit Development) zone to a PUD (Planned Unit Development) zone
for development of a 430 bed, multi-level medical and recovery care center 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 was advertised and posted on
January 22, 1997, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development; and
WHEREAS, the City Council has considered and hereby makes the
following findings: '~ :-
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. Based on an initial study, staff determined the proposed project will
not significantly affect the physical environment in the area and issuing a Negative
Declaration is adequate.
4. The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
5. The proposed planned unit development zone and preliminary
development plan are consistent with the general plan and objectives of this ordinance.
6. The proposed development will constitute a residential environment
of sustained desirability and stability, and it will compliment and harmonize with the
character of the surrounding neighborhood and community.
7. The proposed development justifies exceptions from the normal
application of this code in that it integrates such elements as the location of structures,
circulation pattern, parking, open space, utilities and other amenities, together with a
program for provision, operation and maintenance of all areas, improvements, facilities
and services provided for the common use of persons occupying or utilizing the
property.
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. 102-31 marked Exhibit "1" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "2."
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "3".
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective not less than thirty (30) days from and after
the date of its passage.
IHEREBY 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 "~ ? 1~97 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McOERMOT~, ROW[ES, SULUVAN, SALVAGGIO
NOES: COUNCILMEMBER ~__1~
ABSTAIN: COUNCILMEMBER
ABSE~ COUNCILMEMBER ~
CITY CLERK and Ex Offic/~o Clerk of the
Council of the City of Bake¥sfield
APPROVED MAY """? 1997
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY A~-I'ORN EY
DR:pjt
March 31, 1997
res~oz0963-cc
CITY OF BAKERSFIELD
' ...... ~'° ZONING MAP 102-31
~_ jj.,,..,~ .o.o ~. SEC 31 T ;~95. R. 276
[ .....~:, _ ..
LEGEND
C-O
C-O
~-x H ~B~rT "2"
Legal Description
Zone Change No. P96-0963
Being a portion of the Southeast 1/4 of Section 31, Township 29 South, Range 2? East,
M.D.B.& M. in the City of Bakersfield, State of California, according to the Kern County Filed
Map of said land, recorded in book 6 of Piled Maps at page 46, more particularly described as
follows:
Beginning at a Survey Monument with brass cap, tagged R.E. 6640 for the East 1/4 Comer of
Section 31, Tovna~hip 29 South, Range 27 East M.D.B.&M.; thence S 0' 43' 19' W along the
ran line of said Section 31 a distance of 10.00 feet to a poim; said point being the intersection
of the East line of the Southeast 114 of said Section 31 and the South Right of Way of ~lte
Proposed Kern River Freeway Alignment, said point being the True Point of Be~nning for this
description: thence along said South Right of Way the following four (4) courses:
(1) N 89' 08' 14' W a distance of 415.67 feet; thence
(2) S 85' 02' 12' W a distance of 1033.92 feet; thence
(3) S 46' 15' 07' W a distance of 249.18 feet; thence
(4) S 17' 01' 24' W a distance of 437.30 feet to a point; said point being the intersection of the
south Right of Way of the Kern River Freeway A!j~rnent and the East Right of Way of
Calloway Drive (110' wide); thence S 00' 43' 19' W a dislance of 462.38 feet along the East
Right of Way of Calloway Drive to the b~,i_'nnln§ of a Tangent Curve, concave Easterly, having
a Radius of 3945.15 feet; thence along said curve and the ~:~ Right of Way of Calloway Drive
Sontheriy tire,ugh a central angie of 01 ' 13' 36", an arc length of 84.46 feet to a point: said
point being the intersection of the 1:~ Right of Way of Calloway Drive and the north bonndat3~
of the Cross Valley Canal; thence along the north botmda~ of the Cross Valley Canal the
following twleve (12) cour~e~:
(1) N 80' 20' 30' E a distance of 190.30 feet; thence
(2) S 09' 39' 30' E a did'mace of 5.00 feet to the be~nning of a Non-Tangent Curve, concave
Northerly, having a Radius of 320.01 feet and to which a begi_'nning lmdlni line bears S 09' 39'
30" E; thence
(3) along said curve through a central angie of 33' 08' 13, an arc length of 185.08 feet; thence
(4) deparling tangent to said curve N 47' 12' 17' E a dLntnnce of 9~? .58 feet to the be~i_'nnini~
of a Tangent Curve, concave Northwesterly, having a Radius of 320.01 feet; thence
(5) thence along said curve northeasterly, through a ceuiaal angie of 25° 18' 49', an arc lengt~t
of 141.38 feet; thence
(6) departing tangent to said curve N 21 ' 53' 28" E a dislance of 106.40 feet to the be~i~'nnin~,~
of a Tangent Curve, concave Southeasterly, having a Radius of 580.02 feet; thence
(7) along said curve not-daea.steriy, through a central angie of 50' 19' 38", an arc length of
509.48 feet; thence
(8) departing tangent to said curve N 72' 13' 06" E a distance of 104.52 feet to the bc~'i~'nninl;
e:x~IBIT "2"
Legal Description
ZC No. P96-0963
Page 2
of a Tangent Curve, concave Northerly, having a Radius of' 320.01 feet; thence
(9) along said curve northeasterly, through a central angle of 25 ° 27' 59', an arc length of
142.24 feet; thence
(10) departing tangent to said curve N 46° 45' 07" E a distance of 252.11 feet to the begjrming
of a Tangent Curve, concave Southeasterly, having a Radius of 480.02 feet; thence
(11) along said cm've northeasterly, thiough a central angie of 4.4' 06' 52", an arc length of
369.59 feet; thence
(12) Thence depamng tangent to said curve S 89' 08' 01' E a ribrance of 23.02 feet to a point:
said point being on the east line of said Section 31; thence N 00' 43' 19' E along the East line
of said Section 31, a distance of 4.99 feet to the True Point of Be~nning for thin descfilxion.
Containing =885,693 sq.ft., 20.33 acres
EXHIBIT "3"
Zone Change No. P96-0963 (PUD)
Conditions of Approval and Mitigation Measures
Discretionary Conditions:
The applicant shall provide a bus shelter on Calloway Drive with pedestrian access to it
and the shelter design meeting ADA regulations and GET design standards. The bus
shelter shall be located as approved by the City Engineer. (Planning)
The applicant shall notify DOG if excavation or grading operations uncover a previously
unknown well, in which case DOG may require remedial operations. (Planning)
There is no sewer service immediately available to the site. If this project goes before
adjacent development, then the developer shall extend a sewer main line from the
Buena Vista trunk sewer to provide service to the site. (Public Works)
4. Prior to subdivision of or development on the site,
Submit to the City Engineer for his review and approval a comprehensive
draina§e and grading plan with soil report. The soil report is to include R-values
and percolation tests for retention basin sites. To help maintain the integrity of
the block wall and for ease of maintenance, there shall be a minimum 5' between
the top of the drainage retention basin slope and the block wall.
A mechanism shall be provided outlining responsibility, standards, and
frequency of maintenance of interim or non-publicly maintained drainage
facilities.
Submit to the Public Works Department and to the Building Department for their
review and approval a comprehensive plan for providing sewer service to each
proposed use or parcel. Include pipe sizes and slopes.
Pay the proportionate share of landscaped median costs (currently $30 L F. for
½ median) from the north line of the site extended to Calloway Drive to the Cross
Valley Canal.
Improvement plans for street improvements and publicly maintained sewer &
drainage facilities shall be submitted to and approved by the City Engineer prior
to issuance of any building permits. (Public Works)
5. On Calloway Drive,
As shown on the plan, the main entrance into the site shall align with the street
entrance into Tract 5836 on the west side of Calloway Drive.
Dedicate and construct a northbound right turn deceleration lane at the main
entry into the development.
Construct curb & gutter, street paving, and sidewalk to arterial standards from
the north line of the site extended to Calloway Drive to the Cross Valley Canal.
Exhibit "3"
ZC No. P96-0963 (PUD)
Page 2
Install and energize street lights. Dedicate off-site electrical easements to the
City if needed to supply power to the lights.
Provide a mechanism for payment of 50% of the maintenance costs for the traffic
signal at the main entrance into the facility. (Public Works)
Because the proposed development consists of private, non-dedicated, non-publicly
maintained streets, all sewer lines and appurtenances, drainage basins, and storm
drainage systems serving the development shall be maintained by a) the property
owner if the site remains as one owner/one parcel; or b) in the event of subdivision of
the property, by the entity (such as a property owner's association) established for the
use and maintenance of the nondedicated improvements. (Public Works)
Final landscape plans shall demonstrate compliance with parking area shading criteria
referenced in BMC Section 17.53.061 D.13. (Planning)
Prior to review of improvement plans by the city, or with submittal of final development
plans, whichever occurs first, the developer shall submit to the City Engineer for his
review and approval, a letter signed and stamped by a licensed Geotechnical Engineer,
that the construction of a sump adjacent to the Cross Valley Canal will not adversely
affect the canal lining or the operation of the canal. (Public Works)
Mitigation Measures:
It is recommended that during construction activities, if any cultural resources are
unearthed, all work must halt in the area of the find. A qualified archaeologist shall be
called in immediately to evaluate the findings and make the appropriate mitigation
recommendations. (Mitigation)
The applicant has decided to utilize the new Regional Transportation Impact Fees
(RTIF) to provide traffic mitigation for the proposed project. This project shall be subject
to the regional and local traffic mitigation fees schedule which went into effect February
10, 1997. If that fee is subsequently increased, then the required payment will be
based upon those fees in effect at the time of issuance of the building permit.
(Mitigation)
Prior to issuance of a building permit for the proposed PUD project or recordation of a
final subdivision map, whichever occurs first, the developer shall submit written proof
from North Bakersfield Recreation and Park District of compliance with Distdct
Resolution 29-95. (Mitigation)
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. Plan check
will not begin until all '~A " conditions are correctly shown on the plans submitted.
Exhibit "3"
ZC No. P96-0963 (PUD)
Page 3
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)
2. Indicate on the final plan all on-site fire hydrant locations and required fire flows. (Fire)
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)
Indicate on the final plan 2, 20' x 8' refuse bin location(s) pursuant to City Standard S-43
for cottages and suites or as approved by the Public Works Director. (Sanitation)
5, Indicate on the final plan 2 compactor roll-off bin location(s). (Sanitation)
Traffic signal at main entrance Calloway/Gleneagles Drive must be operational when
this project opens. Signal design and construction must be coordinated to meet need of
project on west side of Calloway. (Traffic Engineering)
Design and install in accordance with City requirements a traffic signal at the main entry
to allow for full access. The signal shall be installed and operational prior to occupancy
of any development or residence within the site. (Traffic Engineering)
"B" CONDITIONS - These conditions must be satisfied prior to the Building Department
completing plan check for the project.
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)
In order to provide adequate fire protection during construction, the applicant shall install
10 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 or as approved by
the Fire Chief. (Fire)
The applicant shall provide four copies of the grading plans and two copies of the
preliminary soils report to the Building Department. (Engineering Services and Building)
A landscape plan and specification for irrigation shall be submitted to the Planning
Department for approval prior to final site plan approval. (Planning)
The Sanitation Division shall be contacted to determine alternatives to allow the safe
collection of refuse and/or recyclables. (Sanitation)
The applicant shall show on plans refuse areas for each building, facilities producing 12
cubic yard or more daily shall provide compactor roll-off containers. (Sanitation)
Exhibit "3"
ZC No. P96-0963 (PUD)
Page 4
"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.
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)
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)
The applicant shall post the designated fire lane as required by the City prior to
occupancy of any portion of any building. (Fire)
The applicant shall provide the Fire Department with one set of approved water plans
prior to the issuance of any building permit. (Fire)
Areas adjacent to all Fire Department connections shall be identified by yellow stripes
pursuant to Bakersfield Municipal Code Section 15.64.140(d). (Fire)
This review does not include approval of any signs for the project. A separate permit is
required for all new signs, including construction signs, from the Building Department.
(Building)
Structures exceeding 10,000 square feet in area shall be constructed with an automatic
fire sprinkler system. (Building)
Indicate on the final plan compliance with all handicap requirements pursuant to State
Building Code. (Building)
A final soils report shall be submitted to the Building Department prior to issuance of any
building permits. (Building)
10.
School District fees will be assessed at the time of issuance of a building permit.
(Building)
11.
The applicant shall obtain necessary approvals from the Kern County Environmental
Health Services Department located at 2700 "M" Street for any food handling facility,
(such as a market or a restaurant) prior to issuance of a building permit. (Building)
12. The minimum parking required for this project has been computed as follows:
202 units x .5 = 101 spaces
180 beds x .75 = 135 spaces
6,500 sq. ft. medical/125 = 52 spaces
TOTAL = 288 Spaces
(Planning)
Exhibit "3"
ZC No. P96-0963 (PUD)
Page 5
]3.
14.
15.
16.
17.
18.
19.
Approved landscaping shall be installed prior to final building inspection or occupancy of
any building. Landscape inspections are on Fridays. Call Dave Dow 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)
The applicant shall provide 2, 30 cubic yard roll-off compactor bin(s) for the containment
of refuse or recyclables. (Sanitation)
The applicant shall provide 8, 3 cubic yard front loading type refuse bin(s) for the
containment of refuse or recyclables. (Sanitation)
Facilities required to provide recycling areas shall provide locations of sufficient size as
defined in Bakersfield Municipal Code, Chapter 8.32. (Sanitation)
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)
DR:pjt:
April 3, 1997
p:z0963-ed
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
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 13th day of May, 1997 she posted on the Bulletin Board at City Hall, a full,
true and correct copy of the following: Ordinance No. 3767, passed by the Bakersfield City
Council at a meeting held on the 7th day of May, 1997, and entitled:
Ordinance amending Title Seventeen of the
Bakersfield Municipal Code and Zoning Map No.
102-31 by changing the zoning of 20.33 acres
generally located northeast of Calloway Drive
and the Cross Valley Canal from a PUD (Planned
Unit Development) Zone to a PUD (Planned Unit
Development) Zone for Development of a 430 bed,
Multi-level Medical and Recovery Care Center.
Is/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY,City Clerk