HomeMy WebLinkAboutORD NO 3581ORDINANCE NO.._~_~8 1
AN ORDINANCE AMENDING TITLE SEVENTEEN OF'
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 102-34 BY CHANGING THE ZONING OF 17.2 +/..
ACRES GENERALLY LOCATED NORTHEAST OF
STOCKDALE HIGHWAY AND CALIFORNIA AVENUE
FROM C-O (PROFESSIONAL AND ADMINISTRATION
OFFICE) AND C-2 (REGIONAL COMMERCIAL) TO PCD
(PLANNED COMMERCIAL DEVELOPMENT).
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 Stockdale Highway and
California Avenue; and
WHEREAS, by Resolution No. 67-93 on December 16, 1993, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve PCD (Planned Commercial Development) as delineated
on attached Zoning Map No. 102-34 marked Exhibit "B", by this Council and this
Council has fully considered the findings 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 warranted a negative declaration
of environmental impact and changes in zoning of the subject property from C-O
(Professional and Administration Office) and C-2 (Regional Commercial) zones to PCD
(Planned Commercial Development) zone, 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 mitigation was advertised and
posted on October 26, 1993, in accordance with CEQA; and
WHEREAS, the current general plan designation for this area allows
commercial development; 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
(CEQA) have been followed.
3. Based on the Initial Study, staff has determined that the proposed
project, as approved, will not have a significant effect on the environment. A Negative
Declaration was advertised and posted on October 26, 1993.
4. Conditions of approval attached to the project as Exhibit "A" are
included in the project to mitigate identified impacts to a level of less than significance.
5. The zone change, as recommended, is compatible with the adjacent
development and zone districts to the project site.
6. The zone change, as recommended, and subject to GPA 4-93,
Segment II, is consistent with the Metropolitan Bakersfield 2010 General Plan.
7. The proposed PCD (Planned Commercial Development), as
conditioned in Exhibit "A", conforms to the general plan and zoning.
8. The applicant's proposed conditions of approval numbers 15 and 16
are difficult for the City to monitor and are therefore inappropriate as conditions of
approval.
NOW, THEREFORE, BE IT ORDAINED by the Council .of the City of
Bakersfield as follows:
SECTION 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. 102-34 marked Exhibit "B" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "E", the PCD (Planned Commercial
Development) site plan and elevations are attached marked Exhibit "C" and "D",
respectively.
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "A".
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.
ORIGINAl
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
UAR t~ _n l~t, , by the following vote:
AYES: COUNCIl,MEMBERS k~DERMOl't*, EDWARDS,
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMI~ER~
CITY CLERK and Ex O~cio Clerk of the,
Council of the City of Bakersfield
APPROVED UAR 0 9 '1991
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATTORNEY of the City of Bakersfield
·
MO:pjt
February 25, 1994
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EXHIBIT "A"
General Plan Amendment 4-93, Segment H
Zone Change No. 5516
Conditions of Approval
Aoolicant's Conditions:
A masonry wall shall be constructed between the proposed PCD property and the adjacent
property that is residentially zoned either R-1 or R-2. This wall shall be a minimum of ten feet
tall on the PCD property side of the wall and it shall be in place prior to commencement of any
demolition or construction activity on the project site.
As shown on the PCD site plan, a 10' wide landscaped setback shall be constructed on the PCD
property side of the masonry wall.
As shown on the PCD site plan, a drainage sump shall be constructed in the northeast corner of
the PCD property.
A wrought iron fence a minimum six feet tall shall be constructed along the eastern most property
line separating the PCD property from the C-O property to the east. The wrought iron fence
shah be constructed prior to commencement of construction on the Occidental Petroleum
property at 5000 Stockdale Highway.
Roof mounted mechanical equipment on the major retail buildings shall be mounted on the
southern half of the roof of the building.
Exterior lighting on the north side of the major retail buildings shall be designed to avoid direct
illumination to the residential properties subject to approval of Planning Director.
7. The truck delivery court shall be enclosed with masonry walls not less than ten feet in height.
Delivery trucks shall be limited to the period between 7 a.m. and 10 p.m. for making deliveries to
the truck delivery court facility.
9. The developers, at their expense, shall:
a)
Remove the existing pipe supports and wood fence leaving the masonry retaining wall in
place.
b)
c)
Construct the new masonry wall adjacent to the south side of the existing retaining wall.
Install a concrete cap on top of the existing retaining wall that is flush with the northern
side and extends to meet the northern side of the masonry wall. The: construction of the
masonry wall is detailed in the attached Figure 1.
10.
The developers shall give the adjacent residential property owners two weeks notice prior to
commencing with the fence removal and construction of the new masonry wall. Evidence of such
coordination must accompany request for demolition permit.
ORiGr,~AL
Exhibit "A"
( JPA 4-93. Seg. II: Zone Change ~,5516
Page 2
+6. O0 '
REMOVE
~XISTING FENCE
DASHED)
R-1 PROPERTY
NEW CONCRETE
CAP
~+0.00'
EXISTING
RETAINING
WALL
EXISTING
FOOTING
PROPERTY
_iNE
PCD PROPERTY
NEW CONCRETE
BLOCK WALL
-2.00' +/-~. ---,.
NEW FOOT I NG
,MASONRY WALL DETAIL
FIGURE 1
ORIGINAL.
F~xhibit "A"
GPA 4-93, Seg. II; Zone Change #5516
Page 3
11.
The developers shall coordinate with adjacent residential property owners and allow them to select
from the "standard integral colors" selected by the developer, for the concrete block color that will
be used. Evidence of such coordination must accompany request for demolition permit.
12.
The developers shall coordinate with each of the adjacent residential property owners and allow
them to select the types of trees that they would prefer to have planted in the landscape easement
adjacent to their property. Selection will be from the list of approved trees designated for this
project. Evidence of such coordination is to accompany request for any landscaping or site plan
review.
Planninn Department Conditions:
The applicant/developer shall provide two bus stop locations for the project site. One bus stop
along the north side of Stockdale Highway and the other along the east side of California Avenue.
The bus stop pad size shall be 15 feet by ten feet minimum with the specific location and
geometric configuration of the sites approved by the Golden Empire Transit District. The Golden
Empire Transit District will be given 30 days to respond prior to site plan review approval o~ it
will be deemed subject only to the approval of the City of Bakersfield Traffic Engineer. The site
plan must be consistent with the approved size and location for the bus stops. Both sites to be
completed prior to issuance of final occupancy of either major retail store.
In the event any cultural rcsources are found, after demolition or during construction of new
structures, all work must stop and a qualified archaeologist must be contacted[ to evaluate the find
and recommend mitigation measures. All measures to be carried out prior to final occupancy of
either major retail store.
The subject site shall be developed substantially as shown on the site plan with modifications per
the site plan review committee conditions, elevation drawings; letter of explanation.
The 40-foot setback area along the north side of the 50,000 sq.ft. retail structure shall be used
solely for emergency access and landscaping.
In the event the existing oil well site near the southwest of Smith's Market is eliminated prior to
construction of Smith's Market, the area shall be used for additional parking. Also, the Smith's
Market shall be moved south and a 10-foot sideyard landscaped area shall be created along
Business Center Drive.
The applicant/developer shall construct a 10-foot high masonry wall along the northern property
line from the northwest corner of Smith's Market to the northeast corner of the 50,000 sq.fL retail
store. The wall may be reduced to 6 feet high along the remainder of the property line (see
Figure 1 for the detail).
The applicant/developer shall allow access to the Smith's Market property from the Village
Lane/Stockdale Highway intersection.
The existing Occidental Building shall be demolished and all improvements to the entire site shall
be completed within 6 months of issuance of a Certificate of Occupancy or final inspection, which
ever occurs first, for Smith's Market.
ORIGINAL
Exhibit "A"
GPA 4-93, Seg. II; Zone Change #5516
Page 4
Site Plan Review Conditions:
"A" CONDITIONS: This category contains conditions that require specific alterations to your plans.
These changes must be reflected on the plans required by the Building Department for plan check. The
Building Department will not begin plan check until all "A" Conditions are correctly indicated on the plans
submitted for plan check.
Designate a fire lane, per City requirements, as shown on the attached site phm. Please indicate
spacing between signs to meet City standards. (Fire)
2. Show all fire hydrant locations and required fire flows on site plan. (Fire)
All conditions associated with GPA 4-93, Segment II and Zone Change #5516 shah be met.
(Engineering Services)
Provide lighting for the parking area and submit layout along with description of light fixtures as
per Title 17.58.060 A of the Municipal Code. Design and arrange the lights to reflect away from
the adjacent residential properties and streets. All light fixtures shall be located between 15' and
40' above grade. Lighting proposals must be approved before Building Depaxtment will begin
plan check. (Planning and Building)
5. Construct new connection(s) to a public sewer. (Engineering Services)
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)
Street return type approach(es), if used, shah have minimum 30' radius returns with throat width
as shown. (Traffic Engineering)
8. Show two-way drive aisles with a minimum width of 24 feet. (Traffic Engineering)
Show two-way parking aisles with a minimum width of 25' to provide proper hackup space for
right angle parking. (Traffic Engineering)
10. Show typical parking stall dimensions (9' x 18' standard). (Traffic Engineering)
11. Provide traffic signal modification plan for Village Lane signal. (Traffic Engineering)
12. No median opening on California Avenue. (Traffic Engineering)
13.
Provide 150' minimum turn lane storage with 90' bay taper for each driveway on Stockdale
Highway with 200' minimum storage for right turn lane at California Avenue. (Traffic
Engineering)
"B" CONDITIONS: This category consists of conditions that must be satisfied before
the Building Department will begin checking plans submitted for plan check.
Contact Fire Safety Control Division, 1729-22nd Street, (Fire Prevention Bureau) for fire and
ORIGINAL
Exhibit "A"
GPA 4-93, Seg. II; Zone Change #5516
Page 5
7.
8.
9.
10.
11.
12.
13.
safety requirements. Provide one (I) set of building plans showing required plan corrections to
Fire Safety Control (Fire Marshal, (805) 326-3951). (Fire)
Install six fire hydrant(s) as shown on attached plans prior to final site plan approval. (Fire)
Provide three copies of the grading plans with two copies of the preliminary soils report to the
Building Department. (Engineering Services and Building)
Show how site is to be drained. (Building)
A drainage study shall be required, the study shall demonstrate that the amount of run-off from
the proposed center is not in excess of the amount of run-off originally generated from the
previous use. (Engineering Services)
Provide side yard setback dimensions used for unlimited area increases. (Engineering Services)
A landscape plan and specification for irrigation shah be submitted to the Planning Department
for approval prior to final site plan approval. (Planning)
A Parcel Map Waiver is required to eliminate old lot lines from the subject parcel. (Planning)
The Sanitation Division must be contacted to work out an alternate solution that will allow safe
collection. (Sanitation)
A complete disclosure statement as to space allocation in proposed development is necessary to
allow proper evaluation of proposed refuse containment areas. (Sanitation)
Consult with Traffic Engineer regarding truck routing on-site and truck routing on public streets.
(Traffic Engineering)
Mitigation of traffic impacts as identified in the traffic study and by Public Works Department.
(Traffic Engineering)
Traffic studies shall include the following:
Identify project percentages for all the mitigation improvements. Our conditions list could
be used as a basis.
An engineer's estimate must be developed to apply the percentages for those items that
are to be paid as a fee. It would also help with the items that are to be constructed.
An origin/destination study for the Montclair/Marella/Easton corridor to determine the
extent of out of area traffic there and projections of project traffic and its effect.
Multi-way stop study of the intersection of Montclair/Marella as a minimum. Other
intersections may be studied too.
Because of the existing heavy mid-day peak, the study shall include mid-day pga~l~nalysis
ORIGINAL
Exhibit "A"
GPA 4-93, Seg. II; Zone Change #5516
Page 6
in addition to the PM peak.
"C" CONDITIONS: This category consists of informational notes that might be helpful to you. It also
contains conditions that must be satisfied sometime after plan check is begun. The deadline for complying
with each of these conditions is specified in the condition.
The following conditions pertain to your project based on the plans submitted. Any errors or
omissions on plans submitted could alter these conditions or void this application.
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)
2. Based upon available information, 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)
Post the designated fire lane as required by the City prior to occupancy of any portion of any
building. (Fire)
Provide the Fire Department with one set of approved water plans prior'to the issuance of any
building permit. (Fire)
Aa'eas adjacent to all Fire Department connections shah be identified by yellow stripes as per
Bakersfield Municipal Code 15.64.140 (d). (Fire Department)
Contact Building Department for any proposed signage. Review does not include signage. A
separate permit is required for aH new signage, including construction signs. (Building)
Structures exceeding 10,000 square feet in area shah be constructed with an automatic fire
sprinkler system throughout. (Building)
Provide fire resistive wall construction details for exterior walls of buildings at property line.
(Building)
9. Show compliance with all handicap requirements as per State Building Code. (Building)
10. A final soils report shall be submitted prior to issuance of a building permit. (Building)
11.
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. (Building)
12. School district fees will be assessed at the time of issuance of a building permit. (Building)
13.
Submit for all ncccssary approvals from the Kern County Environmental Health Services
Exhibit "A"
GPA 4-93, Seg. II; Zone Change #5516
Page 7
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)
14. The parking required for this project has been computed as follows:
Phase I:
Bldg. A (Retail)
Bldg. B (Retail)
Exst. C (Restaurant w/bar)
Exst. D (Restaurant w/bar)
35,000 sq.ft. = Area/200 = 175 stalls
34,900 sq.ft. = Area/250 = 140 stalls
4,491 sq.ft. = Area/250 = 18 stalls
8,000 sq.ft. = Area/50 = 160 stalls
10,000 sq.ft. = Axea/50 = 200 stalls
Subtotal:
Phase lI:
92,391 sq.ft. = 693 stalls
Bldg. A (Retail) 50,000 sq.ft. = Area/250 = 200 stalls
Bldg. B (Retail) 6,219 sq.ft. = Area/250 = 25 stalls
Bldg. C (Restaurant w/bar) 7,000 sq.ft. = Area/50 = 140 stalls
Bldg. D (Retail) 8,000 sq.ft. = Area/250 = 32 stalls
Subtotal:
71,219 sq.ft. = 397 stalls
(Planning)
TOTAL REQUIRED
1,090 stalls
15.
Approved landscaping shall be installed prior to final building inspection or occupancy of any
building. Landscape inspections are on Fridays. Call Dave Dow at 326-3733 prior to the Friday
you wish your inspection. (Planning)
16.
Prior to occupancy, sub-standard off-site improvements shah be reconstructed to city standards or
repaired as directed by the City Engineer. Call construction superintendent at 326-3050 to
determine extent. (Engineering Services)
17.
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 permiL (Engineering
Services)
18.
A transportation impact fee for regional facilities shah be paid prior to final inspection and/or
occupancy and shah be based on the rate in effect at the time the fee is paid. Based on the rate
schedule in effect for the 1992-1993 fiscal year and the proposed project use, a rate of $28 to $39
per vehicular trip would be anticipated depending upon the particular building site within this
project. Upon submission of construction plans for the project, the Public Works Department will
provide an estimate of the total fee. (Engineering Services)
19.
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 shah be submitted to
the Public Works Department at the time of application for a permit. (Engineering Services)
ORIGINAL
Exhibit "A"
GPA 4-93, Seg. II; Z/one Change #5516
Page 8
20.
Facilities which require infectious waste services shall obtain approval for separate infectious waste
storage areas from the Kern County Health Department; in no case shall the refuse bin area be
considered for infectious waste containment purposes. (Sanitation)
21.
Facilities which require grease containment must provide a storage location separate from the
refuse bin location. (Sanitation)
22.
Facilities which participate in recycling operations shall provide a location separate from the
refuse containment area for such activities. (Sanitation)
23.
This project is subject to Planning Commission Resolution 55-83 and Council Resolution 111-83,
which requires developers of major retail projects to pay a share of the costs for area-wide
improvements to public facilities. This share of costs shall be paid prior to issuance of a building
permit. (Traffic Engineering)
Public Works Deoartment Conditions:
Upon further subdivision or with the first site development, the developer shall pay to the City a
fee for his proportionate share of the cost of:
a)
Construction and right-of-way acquisition to widen the following street segments to three
lanes (including modifications to traffic signals where required):
Street Limits Project %
Stockdale Hwy., EB
Stockdale Hwy., EB and WB
New Stine Rd., NB and SB
California Avenue, SB
California Avenue, SB
Stockdale Hwy., EB and WB
New Stine Rd./500 ft. east (intersection expansion) 4.3%
New Stine Rd./500 ft. west (intersection expansion) 4.3%
Belle Terrace/Stockdale Highway 4.3%
Stockdale Highway/Business Center Drive 4.3%
Right-turn lane at Stockdale Highway 4.3%
Real Road to California Avenue (median narrowing) 4.3%
b) Modification/reconstruction of the following traffic signals:
Intersection Proiect %
Stockdale Highway and Real Road 1.1%
California Avenue and Mohawk Street 1.7%
°
The fee shall be paid at the time of obtaining a building permit and shall be based on an estimate
prepared by the developer and approved by the City Engineer.
Upon further subdivision or with the first site development, the developer shall obtain right-of-way
and construct the following improvements:
ORIGINAL
Exhibit "A"
GPA 4-93, Seg. II: Zone Change #5516
Page 9
a)
Widen the north side of Stockdale Highway between the east project boundary and
California Avenue to three lanes plus a westbound to northbound right-turn lane at the
California Avenue intersection.
b)
Construct right turn storage lanes for all existing and proposed drive approaches along the
north side of Stockdale from the east end of the project frontage to California Avenue.
Depending upon driveway location, this may require construction beyond the east
boundary of the project.
c)
Remove all existing striping on Stockdale Highway between California Avenue and Real
Road, eastbound and westbound, and restripe the pavement for 6 lanes with bikelanes.
Transitional restriping at each end of this street segment will also be required.
d)
Widen the east side of California Avenue between Stockdale Highway' and Business
Center Drive to three lanes northbound.
Upon further subdivision or with the first site development, the developer shah modify the
following traffic signals as indicated:
a)
Stockdale Highway and Village Lane - Modify for full operation of major driveway with
right turn lane to commercial center.
b)
California Avenue and Stockdale Highway - Modify as required by the construction in
item 1. above.
c)
Stockdale Highway intersections between Real Road and California Avenue - Add
vehicle detection for the additional lanes required in items a. and 2. above.
Upon further development or subdivision of the project area, the owner shah pay all costs for
establishing a new landscape maintenance district or inclusion of the project area into an existing
landscape maintenance district.
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ORIGINAL
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CiTY OF BAKERSFIELD
ZONING MAP
LEGEND
BUSINESS CENTER DRIVE
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EXISTING
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EXHIB~ E
P.C.D. NO. 5516
ZONING DESCRIPTIONS
Those portions of the southeast quarter of Section 34, T.29S., R.
27 E., M.D.M., City of Bakersfield, Kern County, California, more
particularly described as follows:
CITY C-2-D (REGIONAL COMMERCIAL, ARCHITECTURAL DESIGN) ZONE TO CITY
P.C.D. (PLANNED COMMERCIAL DESIGN) ZONE
Parcel A, B and C of Parcel Map No. 3780 per map filed in Parcel
Map Book 12, Page 12 in the office of the Kern County Recorder.
Containing 4.04 Acres
CITY C-0 (PROFESSIONAL AND ADMINISTRATIVE OFFICE) ZONE TO CITY
P.C.D. (PLANNED COMMERCIAL DESIGN) ZONE.
Commencing at a point on the east line of said Section 34, distant
North 00'03'00" West, 85.00 feet from the southeast corner of said
Section;
Thence South 89'56'12"
right-of-way line of
beginning;
West, 272.74 feet to a point on the north
Stockdale Highway and the true point of
THENCE continuing South 89'56'12" west, along said right of way
line, 303.35 feet;
THENCE North 00'05'48" West, 569.68 feet;
THENCE North 89'57'42" East, 500.98 feet;
THENCE South 17'58'22" West, 477.12 feet;
THENCE 23'06'53" west, 125.96 feet to the point of beginning.
Containing 5.32 Acres
CITY C-O-D (PROFESSIONAL AND ADMINISTRATIVE OFFICE, ARCHITECTURAL
DESIGN) ZONE TO CITY P.C.D. (PLANNED COMMERCIAL DESIGN) ZONE.
Parcel 1 and Parcel 2 of parcel Map No. 3933 per map filed in Book
17 of Parcel Maps, Page 116 in the office of the Kern County
Recorder.
Containing 6.76 Acres
0:11094.2
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r-
ORIG;,'~AL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
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 the 11th day of March, 1994
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3581, passed by the
Bakersfield City Council at a meeting held on the 9th day of March,
1994, and entitled:
Ordinance amending Title 17 of the Bakersfield
Municipal Code and Zoning Map 102-34 by
changing the zoning of 17.2 +/- acres
generally located northeast of Stockdale
Highway and California Avenue from C-0 and C-2
to PCD
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield