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 .........
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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
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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)
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~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