HomeMy WebLinkAboutORD NO 3619ORDINANCE NO. 3 6 1 9
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 102-34 BY CHANGING THE ZONING OF 3.71
ACRES GENERALLY LOCATED AT 5700 STOCKDALE
HIGHWAY FROM A C-O-D (PROFESSIONAL AND
ADMINISTRATIVE OFFICE, ARCHITECTURAL DESIGN)
TO A PCD (PLANNED COMMERCIAL DEVELOPMENT)
FOR A 39,170 SQUARE FOOT RETAIL COMMERCIAL
SHOPPING 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 on the north side of Stockdale Highway,
approximately 1,000 feet west of California Avenue, commonly known as 5700 Stockdale
Highway, as more specifically described as:
Parcel 1 of Parcel Map 6838 in Book 31 of Parcel Maps,
Page 56 as recorded with the Office of the Kern County
Recorder dated August 23, 1984; and
WHEREAS, by Resolution No. 48-94 on September 15, 1994, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a change from C-O-D (Professional and Administrative
Office, Architectural Design) zone to a PCD (Planned Commercial Development) zone
for a 39,170 square foot retail commercial shopping center as delineated on attached
Zoning Map No. 102-34 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 several general and specific findings of fact which warranted a negative declaration
of environmental impact and changes in zoning of the subject property from a C-O-D
(Professional and Administrative Office, Architectural Design) to a 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 August 4, 1994, in accordance with CEQA; and
WHEREAS, the 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 public notices have been given.
2. The provisions of California Environmental Quality Act (CEQA)
have been followed.
3. Based on the Initial Study, staff has determined that the proposed
project, as recommended, will not have a significant effect on the physical environment
or existing residential development. A Negative Declaration was advertised and posted
on August 4, 1994. (De Minimis)
4. Conditions of approval attached to the project s Exhibit "A" are
included in the project to mitigate impacts.
5. The zone change, as recommended, is compatible with the existing
land use designations and development adjacent to the site.
6. The proposed zone change to PCD (Planned Commercial
Development), as conditioned in Exhibit "A", and subject to GPA 3-94, Segment II, is
consistent with and conforms to the Metropolitan Bakersfield 2010 General Plan policies
and goals. (BMC 17.54.090 B)
7. The applicant intends to start construction within two and one-half
years from the effective date of the zoning change. (BMC 17.54.090 A)
8. The commercial and professional development, as conditioned, will
be in harmony with the character of the surrounding neighborhood and community.
(BMC 17.54.090 C)
9. Such development is needed at the proposed location to provided
adequate commercial facilities of the type proposed; that traffic congestion will not likely
be created by the proposed development or will be obviated by presently projected
improvements and by provisions in the plan for proper entrances and exists and by
internal provisions for traffic and parking. (BMC 17.54.090 D
10. The development based upon a harmonious and integrated plan
justifies exceptions from the normal application of this code. (BMC 17.54.090 E)
11. The project site currently is developed at its maximum density with
office buildings, parking lot and landscaping, zoned for office uses. The project site does
not contained undisturbed lands which may have potential to adversely effect wildlife
resources or habitat. (De Minimis) ~ ,:,,, ~(,.,
12. The project site is surrounded by existing developed areas that are
at their maximum density and intensity. (De Minimis)
13. No evidence was presented before the City of Bakersfield that
indicated the proposed project would result in an adverse effect on wildlife resources or
the habitat upon which the wildlife depends. (De Minimis)
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
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 the foregoing recital.
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 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
B£~ ~ $ ~ , by the following vote:
AYES: COUNCILMEMBERS DEMOND, CARSON, SMITH, I~l~11~, ROWLES, - .... , SALVAGGIO
NOES: COUNCILMEI~ERS NONE
ABSTAIN: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS MCDERMOTr
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED i3E¢ 1 4 lffi[
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
BY: ~;~,-~-
LAURA C. MARINO
ASSISTANT CITY ATTORNEY
JE:pjt
September 27, 1994
res\o394s2.cc
4
EXHIBIT "A"
General Plan Amendment 3-94, Segment II
Zone Change No. 5564
Conditions of Approval
Plannine Deoartment:
Habitat Conservation fees for this project will be calculated based on the fee in effect at the time
payable to the Planning Department prior to issuance of an urban development permit (includes
grading plan approvals) as defined in the Implementation/ManagementAgreement (Section 2.21)
for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, applicant will
receive acknowledgement of compliance with Metropolitan Bakersfield Habitat Conservation Plan
(Implementation/ManagementAgreement Section 3.1.4).
71aere shall be a minimum ten (10) foot wide landscape strip behind the sidewalk along Stockdale
Highway. The landscaping plans shall include this landscaping requirement.
~[~e evergreen trees along the west boundary shall be a minimum size of 24" box tree. Larger
trees shall be strategically placed along the west property line adjacent to the apartments to
mitigate visual exposure from the parking lot.
Advisory Notice: Plants shall be placed along the west wall to discourage people from climbing
the walls.
The westerly access, as shown in Figure: Alternate #1, shall be for passenger vehicles only.
Delivery and commercial vehicles are prohibited from using the westerly access, and developer
shall post this restriction on site.
5. The masonry wall shall be made smooth faced and be a minimum of 7 feet high with rounded cap.
Where applicant is showing the access drive to the shopping center to the east, pavement shall be
installed flush at grade to match the drive aisles of the Von's shopping center.
7. Exterior lighting shall be oriented and/or shielded away from adjacent residential property.
Public Works Department:
Upon further subdivision or development, the developer shall construct a restricted left turn lane
in the median in Stockdale Highway for left-turns into the site. Left turns out of the site will not
be allowed. (Mitigation)
Upon further subdivision or development, the developer shall construct a lengthening of the
existing westbound to southbound left-turn lane in Stockdale Highway west of the site.
(Mitigation)
10.
Upon further subdivision or development, the developer shall pay his proportionate share of the
cost of widening the California Avenue/Stockdale Highway intersection. The estimate for this
widening is $467,000.00, and the traffic study indicates the development's proportionate share to
be 3.0%, resulting in a project proportionate cost of $14,010.00.
(Prepared November 18, 1994 - JE)
Exhibit "A"
GPA 3-94, Segment II
Zone Change #5564
Page 2
11.
12.
13.
14.
15.
Upon further subdivision or development, the developer shall pay his proportionate share of the
cost of widening the California Avenue/Mohawk Street intersection. The estimate for this
widening is $10,000.00, and the traffic study indicates the development's proportionate share to be
1.3%, resulting in a project proportionate cost of $130.00. (Mitigation)
Upon further subdivision or development, the developer shall pay his proportionate share of the
cost of narrowing the median island in Stockdale Highway from California Avenue to E1 Rio
Road. The estimate for this widening is $40.00 per lineal foot, and the traffic study indicates the
development's proportionate share to be as follows: (Mitigation)
Road Segment Proportionate Share
California Ave to left-turn lane 3.6%
l_l-Turn to Rio Bravo Dr 4.4%
Rio Bravo Dr to Ashe Rd 3.4%
Ashe Rd to El Rio 1.9%
TOTAL
Proportionate Cost
$1,728.00
$2,112.00
$1,768.00
$ 988.00
$6,596.00
~t~e traffic study and resulting impacts identified in items 8. through 12. above are based on
projections of commercial square footage and uses stated in the traffic study, while the land use
proposed could allow more commercial square footage and other commercial uses. The stated
commercial square footage is 41,250 square feet. This square footage results in a local traffic
mitigation fee of $0.50 per square foot. Should an increase of more than 5% in the retail
commercial square footage be proposed for any specific project within the project area, then a
review and possible revision to the traffic study may be required. Otherwise, the above unit cost
per commercial square foot shall be maintained irregardless of the amount of commercial square
footage that is finally created so that proportionate local traffic mitigation will be achieved.
At the time of further development or subdivision, the property owner(s) within the GPA area not
already within a maintenance district shall request to be annexed to an existing maintenance
district or request creation of a new maintenance district that includes their property.
For the Alternate No. 1 Plan, the secondary drive access to the Stockdale Highway frontage road
west of the project shall be monitored by the City Engineer until one year after tenant occupancy
of the last retail pad. If during this period the City Engineer determines that traffic conflicts are
occurring due to this drive access, the shopping center owner shall either, as determined by the
City Engineer, eliminate the drive access or restrict the drive access to an emergency access only
with no public access. Provisions to acromplish this restriction shall be approved by the Fire Chief
and the City Engineer. Public Works Department staff shall conduct a traffic analysis and confer
with the developer examining: 1) the emergency access and frontage road issue; and 2) traffic
circulation in the median area right-of-way, to come to a mutual agreement on improvements.
NOTE: * indicates adjustments have been made on these items to account for the Regional
Transportation Impact Fee's contribution towards the item.
(Prepared November 18, 1994 - JE)
Exhibit "A"
GPA 3-94, Segment II
Zone Change #5564
Page 3
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 plan. Please indicate
spacing between signs to meet City standards. (Fire)
2. Show all fire hydrant locations and required fire flows on site plan. (Fire)
3. Show masonry wall as indicated on attached plan. (Planning)
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
tlie adjacent residential properties and streets. All light fixtures shall be located between 15' and
40' above grade. Lighting proposals must be approved before Building Department 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)
Adequate refuse containment areas for all proposed business uses must be identified on plan.
(Sanitation)
Show 36' (top-to-top) wide drive approach(es) as indicated on the attached plan for emergency
access only. Center drive approach on the drive aisle. (Traffic Engineering)
Street return type approach(es), if used, shall have minimum 20' radius returns with a 30' throat
width. (Traffic Engineering)
10.
Show typical parking lot layout including space sizes, space angles, aisle widths and standard space
locafions. (Traffic Engineering)
11. Show two-way drive aisles with a minimum width of 24 feet. (Traffic Engineering)
12.
Show two-way parking aisles with a minimum width of 25' to provide proper backup space for
right angle parking. (Traffic Engineering)
13. Show typical parking stall dimensions (9' x 18' standard). (Traffic Engineering)
(Prepared November 18, 1994 - JE)
Exhibit "A"
GPA 3-94, Segment II
Zone Change #5564
Page 4
"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, 1715 Chester Avenue, Suite 300, (Fire Prevention Bureau)
fi~r fire and safety requirements. Provide one (1) set of building plans showing required plan
corrections to Fire Safety Control (Fire Marshal, (805) 326-3951). (Fire)
2. Install five 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)
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 must be contacted to work out an alternate solution that will allow safe
collection. (Sanitation)
"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.
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)
Areas adjacent to all Fire Department connections shall be identified by yellow stripes as per
Bakersfield Municipal Code 15.64.140 (d). (Fire Department)
C. ontact Building Department for any proposed signage. Review does not include signage. A
separate permit is required for all new signage, including construction signs. (Building)
Structures exceeding i0,000 square feet in area shall be constructed with an automatic fire
sprinkler system throughout. (Building)
(Prepared November 18, 1994- JE)
Exhibit "A"
GPA 3-94, Segment II
Zone Change #5564
Page 5
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. School district fees will be assessed at the time of issuance of a building permit. (Building)
11.
Submit for all 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. l~e parking requirement for this project shall be calculated as follows:
Specified Use
Required Off-street Parking Spaces
Neighborhood shopping and regional shopping
centers freestanding satellite pads such
as fast food restaurants or banks shall be
computed separately unless satellite
buildings contain two or more tenants.
One space per 200 square feet of gross floor area;
up to and including 35,000 square feet, plus an
additional 1 space per 250 square feet of
gross floor area in excess of 35,000 square feet.
The parking required for this project as proposed has been computed as follows:
35,000 sq.ft./200 = 175 spaces
4,170 sq.ft./250 = 17 spaces
TOTAL REQUIRED = 192 spaces
13.
~l~e address assigned is for the entire location. If you desire individual pad and lease space
addresses, submit two copies of the plot plan (8V2" x 14" max.) designating all possible lease areas
to this department - Attention: Dave Dow or Louise Palmer. (Planning)
14.
Approved landscaping shall be installed prior to final building inspection or occupancy of any
building. Landscape inspections are on Fridays. Call Dave Dow at 326-3666 or Louise Palmer at
326-3680 prior to the Friday you wish your inspection. (Planning)
15.
Prior to occupancy, sub-standard off-site improvements shall be reconstructed to city standards or
repaired as directed by the City Engineer. Call construction superintendent at 326-3050 to
determine extent. (Engineering Services)
16.
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)
17.
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 1993-1994 fiscal year
and the proposed project use, a rate of $25 per vehicular trip would be anticipated. Upon
submission of construction plans for the project, the Public Works Department will provide an
estimate of the total fee. (Engineering Servi~e~); ,r~ ,! ,.
~- ' (Prepared November 18, 1994- JE)
Exhibit "A"
GPA 3-94, Segment II
Zone Change #5564
Page 6
18.
19.
20.
21.
22.
23.
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)
Provide an adequate number of front loading type refuse bin(s) on approved compactor units to
handle anticipated trash loads. (Sanitation)
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)
Facilities which require grease containment must provide a storage location separate from the
refuse bin location. (Sanitation)
Facilities which participate in recycling operations shall provide a location separate from the
refuse containment area for such activities. (Sanitation)
Prior to occupancy comply with all GPA traffic mitigation conditions. (Traffic Engineering)
JE:pjt
p:394s2.ea
(Prepared November 18, 1994 - JE)
ANCHOR TENANT
28,975 SF
'A'
RETAIL 'B'
4,000 SF
RETAIL
6,195 SF
STOOKDAL E H I
GHWAY
NORTH
S I TE PLAN-~I-I'er~'.
PLOTTING DAT£ : $/22/94
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CITY OF BAKERSFIELD
ZONING MAP 102-34
SEC. 3~' '[29s R 27[
LEGEND
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 19th day of December, 1994
she posted on the Bulletin Board at City Hall, a full, true
correct copy of the following: Ordinance No. 3619, passed by
Bakersfield City Council at a meeting held on the 14th day
December, 1994, and entitled:
and
the
of
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
102-34 BY CHANGING THE ZONING OF 3.71 ACRES
GENERALLY LOCATED AT 5700 STOCKDALE HIGHWAY
FROM A C-O-D (PROFESSIONAL AND ADMINISTRATIVE
OFFICE, ARCHITECTURAL DESIGN) TO A PCD
(PLANNED COMMERCIAL DEVELOPMENT) FOR A 39,170
SQUARE FOOT RETAIL COMMERCIAL SHOPPING CENTER
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY C"~~ ~erk