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HomeMy WebLinkAboutORD NO 3622ORDINANCE NO. 3 6 2 2 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 103-22 BY CHANGING THE ZONING OF 3.98 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF BERNARD STREET AND NEW MARKET WAY FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE FOR DEVELOPMENT OF A 22,000 SQUARE FOOT UNITED ARTISTS CINEMA. 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 northeast corner of Bernard Street and New Market Way; and WHEREAS, by Resolution No. 44-94 on September 1, 1994, 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 PCD (Planned Commercial Development) zone to a PCD (Planned Commercial Development) zone on 3.98 acres for development of a 22,000 square foot United Artists Cinema as delineated on attached Zoning Map No. 103-22 marked Exhibit "A", 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 PCD (Planned Commercial Development) zone to a PCD (Planned Commercial Development) zone on 3.98 acres for development of a 22,000 square foot United Artists Cinema 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 July 28. 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. The applicant intends to start construction within two and one-half years from the effective date of the zone change. general plan. The proposed planned commercial development conforms to the 3. The commercial and professional development, as conditioned, will be in harmony with the character of the surrounding neighborhood and community. 4. Such development is needed at the proposed location to provide 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 exits and by internal provisions for traffic and parking. 5. The development based upon a harmonious and integrated plan justifies exceptions from the normal application of this code. 6. The conditions of approval will ensure the project will blend well with the neighborhood. 7. All required public notices have been given. 8. The provisions of the California Environmental Quality Act (CEQA) have been met through the preparation of an initial study and a Negative Declaration which indicate no significant environmental impact will occur as a result of the proposed zone change. 9. The proposed zone change is consistent with the Metropolitan Bakersfield 2010 General Plan. 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. 2 OR;GI~JAL 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. 103-22 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "C". 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 ......... 3 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 DIe 1 4 ~I~ , by the following vote: AYES: COUNCILMEMBERS DEMOND, CARSON, SMITH, u~K~c~xrr, ROWLES ..... , SALVAGGIO NOES: COUNCILMEMBERS NONE ABSTAIN: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS MCDERMOTT CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BEE 1. 4 ~[ BOB PRI~~) MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY: LAUIL~' C. MARINO ASSISTANT CITY ATTORNEY DR:pjt September 9, 1994 res\o5584zc.cc 4 R-3D P-C D CITY OF DAKERSFIELD ZONING MAP 103-22 LEGEND EXHIBIT "B" Legal Description Zone Change No. 5584 THAT PORTION OF PARCEL 7 PARCEL MAP NO. 8267, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA RECORDED IN PARCEL MAP BOOK 35, PAGES 183 THROUGH 189 AND ALSO A PORTION OF PARCEL "C" PARCEL HAP WAIVER NO. 45-88 RECORDED IN BOOK 6205, PAGE 1065 OF OFFICIAL RECORDS BOTH IN THE OFFICE OF THE KERN COUNTY RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL "C"; THENCE NORTH 89' 33' 54" WEST 247.04 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL "C" TO THE TRUE POINT OF BEgINnING; THENCE SOUTH 01' 53' 20" WEST 74.33 FEET; THENCE NORTH 88' 06' 40" WEST 33.00 FEET; THENCE SOUTH 01' 53' 20" WEST 181.00 FEET; THENCE NORTH 88' 06' 40" WEST 4.00 FEET; THENCE SOUTH 01' 53' 20" WEST 43.42 FEET TO THE SOUTHERLY LINE OF SAID PARCEL "C" SAID LINE ALSO BEING THE NORTHERLY RIGHT OF WAY LINE OF BERNARD STREET; THENCE ALONG THE SOUTHERLY, SOUTHWESTERLY, NORTHWESTERLY AND NORTNERLY LINES OF SAID PARCEL "C# THE FOLLOW- ING COURSES: SOUTH 89' 19' 22" WEST 349.09 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 100.00 FEET, THENCE WESTERLY 29.52 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16' 54' 47" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 100.00 PEET, THENCE WESTERLY 34.16 FEET ALONG SAID REVERSE CURVE THROUGH A CENTKALANGLE OF 19' 34' 15" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1354.82 FEET, WESTERLY 225.10 FEET ALONG SAID COMPOUND CURVE TNROUGH A CENTRAL ANGLE OF 9' 31' 10", THENCE NORTH 67' 07' 35" WEST 72.18 FEET, THENCE NORTH 30' 26' 56" WEST 27.02 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1030.00 FEET, THENCE NORTHWESTERLY 165.67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9' 12' 57" TO A TAN- GENT LINE, THENCE NORTH 39' 39' 53" WEST 101.36 FEET, THENCE NORTH 50' 20' 07" EAST 104.79 FEET AND SOUTH 89' 33' 54" EAST 840.72 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 5.67 ACRES, MORE OR LESS. EXHIBIT "C" Zone Change No. 5584 Discretionary Conditions of Approval A landscape and irrigation plan conforming to the conceputal plan shall be submitted for approval as a part of the Final Development Plans for Phase 2. Prior to occupancy of Phase 2 construction, the following additional landscape treatment and maintenance shall occur and be depicted on the final development plans for Phase 2: a) Dust binder or aggregate base shall be applied and maintained over time on portions depicted for future restaurant development (Phase 3) which are not landscaped. b) Areas depicted as future restaurant development (Phase 3) shall be maintained in a weed free state. c) Areas not developed with parking, structures or landscaping shall include a barrier to parking such as curbs or fencing. A comprehensive sign plan shall be submitted for approval as a portion of the Final Development Plan. INFORMATIONAL Since the Phase 3, future restaurant proposal did not include detailed plans for development, upon submittal of a specific development proposal, and subsequent zone change request, it shall be noticed and brought back to the Planning Commission for consideration. Site Plan Review Committee Conditions of Approval "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) Exhibit "C" Zone Change #5584 Page 2 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 Department will begin plan check. (Planning and Building) Show one, 8' x 10', refuse bin location on attached plans, allowing unobstructed access to location by refuse vehicle. (Sanitation) Street return type approach(es) from Bernard Street, if used, shall have minimum 20' radius returns with a 30' throat width. (Traffic Engineering) Show typical parking lot layout including space sizes, aisle widths and standard space locations. (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, 1715 Chester Avenue, Suite 300, (Fire Prevention Bureau) for 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. Relocate (1) fire hydrant as shown. (Fire) Provide three copies of the grading plans with two copies of the preliminary soils report to the Building Department. (Building) A landscape plan and specification for irrigation shall be submitted to the Planning Department for approval prior to final site plan approval. (Planning) "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) Post the designated fire lane as required by the City n~,~occupancy of any portion of any building. (Fire) ~:: '~P" Exhibit "C" Zone Change #5584 Page 3 10. 11. 12. Areas adjacent to all Fire Department connections shall 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 all new signage, including construction signs. (Building) Structures exceeding 10,000 square feet in area shall be constructed with an automatic fire sprinkler system throughout. (Building) Show compliance with all handicap requirements as per State Building Code. (Building) A final soils report shall be submitted prior to issuance of a building permit. (Building) School district fees will be assessed at the time of issuance of a building permit. (Building) 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) The parking required for this project has been computed as follows: Cinema = 1,480 seats/4 = 370 spaces Restaurant = 2,800 sq.ft./75 = 37 spaces (tentative) Fitness center = 18,000 sq.ft./300 -- 60 spaces TOTAL REQUIRED = 467 spaces A minimum of 430 spaces shall be provided and available for development Phases 1 and 2. (Planning) The 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) 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 pri~,r to the Friday you wish your inspection. (Planning) Exhibit "C" Zone Change #5584 Page 4 13. 14. 15. 16. 17. 18. 19. 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) 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) 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 Services) 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 two, three cubic yard, front loading type refuse bin(s) on concrete pad(s) per standard #S-43. Sanitation) Facilities which reqmre 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) p:5584.ea OF~;G!i, JAL ~T£D ~,RfiSTS [l~ll · , [ , jr,') : I.i '~g'~ III AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. 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 and correct copy of the following: Bakersfield City Council at a December, 1994, and entitled: Ordinance No. 3622, passed by the meeting held on the 14th day of AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-22 BY CHANGING THE ZONING OF 3.98 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF BERNARD STREET AND NEW MARKET WAY FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE FOR DEVELOPMENT OF A 22,000 SQUARE FOOT UNITED ARTISTS CINEMA By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPUTY C~ ~_er