HomeMy WebLinkAboutORD NO 3636ORDINANCE NO. ~ 6 3 6
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP 123-11 BY CHANGING THE ZONING OF 3.78
ACRES GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF MING AVENUE AND CANTER WAY FROM
AN R-1 CH (ONE FAMILY DWELLING-CHURCH) ZONE
TO A PCD (PLANNED COMMERCIAL DEVELOPMENT)
ZONE FOR THE DEVELOPMENT OF A 50,350 SQUARE
FOOT RETAIL COMMERCIAL STORE.
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 southeast corner of Ming Avenue and
Canter Way; and
WHEREAS, by Resolution No. 10-95 on February 16, 1995, 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 an R-1 CH
(One Family Dwelling-Church) zone to a PCD (Planned Commercial Development)
zone on 3.78 acres for development of a 50,350 square foot retail commercial store as
delineated on attached Zoning Map No. 123-11 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 an R-1 CH
(One Family Dwelling-Church) zone to a PCD (Planned Commercial Development)
zone on 3.78 acres for development of a 50,350 square foot retail commercial store 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 January 23, 1995, 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 CEQA have been followed.
3. Based on an initial study, staff determined the proposed project will
not significantly effect the physical environment in the area and issuing a Negative
Declaration with mitigation is adequate.
4. Conditions of approval attached to the project as Exhibit "C", are
included in the project to provide mitigation for potential traffic impacts.
5. The applicant intends to start construction within two and one-half
years from the effective date of the zoning change.
general plan.
The proposed planned commercial development conforms to the
7. The commercial and professional development will be in harmony
with the character of the surrounding neighborhood and community.
8. 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 plans for proper entrances and exits and by
internal provisions for traffic and parking.
9. The development based upon a harmonious and integrated plan
justifies exceptions from the normal application of this code.
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. 123-11 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
! 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
I~R ~ 2- k~,~ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, CHOW, SALV~%GGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAR ~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
LAURA C. MARINO
ASSISTANT CITY ATTORNEY
DR:pjt
February 21, 1995
res\o5613.cc
4
CITY OF BAKERSFIELD
ZONING MAP 123-11
SEC Il [ 5Os R 27[
LEGEND
EXHIBIT "B"
Legal Description
Zone Change No. 5613
FROM R-1 CH TO PCD
Parcel 1 of Parcel Map No. 3391, being a portion of the northwest quarter of Section 11,
T. 30S., R.27E., M.D.B.&M., Kern County, California, according to the map filed May
21, 1976, in the Office of the Kern County Recorder.
Containing 3.78 acres, more or less.
p:56131d.eb
'4'
EXHIBIT "C"
Zone Change No. 5613
Conditions of Approval
Discretionary Conditions:
Provide a minimum 45-foot building setback including a five-foot wide landscape
strip along the south property line. Evergreen trees shall be provided within said
strip with a minimum spacing of 30 feet on-center as well as plants along the wall
that will discourage climbing. Minimum tree size shall be 24-inch box species to
be approved by the Platoting Director at time of submittal of a final landscape
plan. (Planning)
Provide a 15-foot wide landscape setback along the west side of the building
facing Canter Way. This landscape shall include 24-inch box evergreen trees (or
tree groupings) with a minimum spacing of 30 feet on-center. (Planning)
Provide eight (8), 24-inch box evergreen trees along the three sides of the
building facing the project parking lot. (Planning)
A 15-foot minimum landscape setback shall be provided along the Ming Avenue
frontage. (Planning)
Provide a five-foot wide landscape strip along the east property line adjacent to
the residential property. The balance of the landscape strip may be reduced to
the width shown on the preliminary PCD plan. Evergreen trees (24-inch box
minimum) shall be provided within said strip with a minimum spacing of 30 feet
on-center as well as plants along the wall that will discourage climbing to be
approved by the Planning Director at time of submittal of a final landscape plan.
(Planning)
Relocate trash enclosure on final development plans to an area as far away as
possible (minimum of 50 feet) from the nearest residential property. Location
and trash enclosure design to be approved by the Sanitation Division at time of
submittal of final development plans. (Planning/Sanitation)
Final development plans shall be substantially consistent with preliminary plans
and incorporate all conditions of approval.
Exhibit "C"
ZC #5613
Page 2
Signage Conditions:
Signage for the project site shall be limited to those signs depicted on the plan
submitted with the preliminary PCD site plan as summarized below: (Planning)
I Type of Sign I
WALL SIGNS:
1. Building Entry Signage (1 sign)
Top line - 3'6" x 38'
Second line - 2' x 2(1'
2. Pro golf entry signage (1 sign)
Top line - 2'6" x 32'
Bottom line - 2' x 20"
3. Store front signage (4 signs)
1.'8" x 12'
PYLON SIGNS:
1. Pylon sign at Ming (1 sign)
8'x 30'- 25' high
Traffic Conditions: (Mitigation)
Upon further subdivision or development, the developer shall pay to the City a
fee for his proportionate share of the cost of improving the intersection of Ming
Avenue and New Stine Road to provide for the addition of a second southbound
to eastbound left-turn lane. The fee shall be paid at the time of issuance of a
building permit:
Intersection
Project % Total Cost Project Cost
New Stine Road at Ming Avenue 1.6% $65,000
$1,040
10.
No additional access points to Ming Avenue will be allowed. Encourage
minimization of commercial traffic on Canter Way through emphasis of the
utilization of the improved/modified signalized intersection at Ming Avenue/
Valhalla Drive as the primary access (ingress/egress) to the project site. Restrict
loading and unloading of delivery trucks from occurring between the hours of 10
p.m. and 7 a.m.
Exhibit "C"
ZC #5613
Page 3
11.
The site plan and traffic study indicate the project area will be accessed from
Canter Way and h'om the intersection of Valhalla Drive with Ming Avenue
(through the Taco Bell parking lot). The developer shall construct an eastbound
to southbound deceleration right-turn lane at this intersection. Such construction
shall include any modifications to the existing traffic signal necessary to complete
the right-turn lane.
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
Depart~nent 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.
12.
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)
13.
The applicant shall indicate on the site plan submitted for building permits, that
the proposed landscaped areas meet minimum City standards in accordance with
Title 17.53.061 of the Municipal Code. A landscape plan including specifications
for irrigation shall also be submitted to the Planning Department for approval
before the Building Department will begin plan check. (Planning)
14.
Indicate on the final plan a masonry wall as shown on the attached plan along the
southern and a portion of the eastern site boundaries abutting residential
properties. (Planning)
15.
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 and enhanced to adequately discourage
loitering problems on the west side. 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)
16.
The applicant shall construct standard handicap ramps at the southeast corner of
Ming Avenue and Canter Way. (Engineering Services)
17.
The applicant shall construct new connection(s) to a public sewer. (Engineering
Services)
18.
The applicant shall 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)
Exhibit "C"
ZC #5613
Page 4
19.
The applicant shall provide a comprehensive drainage study to be approved by
the City Engineer. (Engineering Services)
20.
Indicate on the final plan one, 10' x 8' minimum size refuse bin location(s)
pursuant to City Standard S-43. (Sanitation)
21.
Indicate on the final plan 42' and 36' (top-to-top) wide drive approach(es) as
indicated on the attached plan. Center the drive approach on the drive aisle.
(Traffic Engineering)
22.
Indicate on the final plan two-way drive aisles with a minimum width of 24 feet.
(Traffic Engineering)
23.
Indicate on the final plan typical parking stall dimensions (9' x 18' standard).
(Traffic Engineering)
24.
Show existing traffic signal at Ming and Valhalla. If any modification to signal is
proposed, provide a signal modification plan. (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.
25.
The applicant shall provide three copies of the grading plans and two copies of
the preliminary soils report to the Building Department. (Engineering Services
and Building)
26.
Provide a copy of the recorded common access agreement 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.
27.
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)
28.
Structures exceeding 10,000 square feet in area shall be constructed with an
automatic fire sprinkler system. (Building)
29.
Indicate on the final plan compliance with all handicap requirements pursuant to
State Building Code. (Building) · ,~, ~.;~.::,
Exhibit "C"
ZC #5613
Page 5
30.
31.
32.
33.
34.
35.
36.
37.
38.
A final soils report shall be submitted to the Building Department prior to
issuance of any building permits. (Building)
School District fees will be assessed at the time of issuance of a building permit.
(Building)
The minimum parking required for this project has been computed as follows:
50,350 sq.ft./300 = 168 spaces (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 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 acknowledgement of
compliance with Metropolitan Bakersfield Habitat Conservation Plan
(Implementation/Management Agreement Section 3.1.4). (Planning)
Prior to building occupancy, sub-standard off-site improvements shall be
reconstructed to city standard or repaired as directed by the City Engineer.
Please contact the construction superintendent at 326-3050 to determine the
extent of improvements required. (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 ~mpact 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 1994-1995 fiscal year and the proposed project use, a rate of $28
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)
Exhibit "C"
ZC #5613
Page 6
39.
40.
The applicant shall provide a minimum of one, three cubic yard front loading type
refuse bin(s) for the containment of refuse or recyclables. (Sanitation)
Facilities required to provide recycling areas or wishing to recycle shall provide
locations of sufficient size as defined in Bakersfield Municipal Code, Chapter
$.32. (Sanitation)
p:5613zc.ea
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
CAROL WiLLIaMS, being duly sworn, deposes and says:
Thau she is une duly appointed, acting and qualified City Clerk of
~he City of Bakersfield; and ~hat on ~he 24th day of March, 1995
she posted on the Bulletin Board at City Hall, a full, true
correct copy of the ioilowing: Ordinance No. 3636, passed Dy
Bakersfield City Council at a meeting held on the 22nd day
March, 1995, and entitled:
and
the
of
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 123-
ii BY CHANGING THE ZONING OF 3.78 ACRES
GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
MING AVENUE AND CANTER WAY FROM AN R-1 CH ZONE
TO A PCD ZONE FOR THE DEVELOPMENT OF 50, 350
SQUARE FOOT RETAIL COMMERCIAL STORE
By:
/'s/ CAROL WI LLi f~S
~ ~za of the City of Bakersfield
.~EPUTY City Cierk~ ~