HomeMy WebLinkAboutORD NO 4072ORDINANCE NO. 4 0 ~' 2
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-18) OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM A (AGRICULTURE) TO PCD
(PLANNED COMMERCIAL DEVELOPMENT) ON 10.66 ACRES
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF WHITE
LANE AND SADDLE DRIVE (FILE #02-0169)
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 at the southeast corner or White Lane and Saddle Drive; and
WHEREAS, by Resolution No. 46-02 on May 16, 2002 the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve Zone Change No. 02-0169 as delineated on attached Zoning Map No. 123-18 marked
Exhibit "C", 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 (Agriculture) to PCD
(Planned Commercial Development) 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 April 17, 2002,
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
The provisions of the California Environmental Quality Act (CEQA) have
been followed.
3. Pursuant to BMC Section 17.54.070:
The proposed planned commercial development zone and
preliminary development plan is consistent with the General Plan
and objectives of this ordinance.
The proposed development will constitute a commercial
environment of sustained desirability and stability, and it will
compliment and harmonize with the character of the surrounding
neighborhood and community.
The proposed development justifies exceptions from the norm ,~.~
application of this code in that it integrates such elements as the
location of structures, circulation pattern, parking, landscaping and
utilities, together with a program for provision, operation and
maintenance of all areas, improvements, facilities and services
provided on the property.
Pursuant to BMC Section 17.54.020 B.I. find that:
The proposed use is essential or desirable to the public welfare.
The proposed use is essential in the area. The applicant's citing
criteria for the facilities is one facility for each 2.5 mile radius of
homes. There is no facility within this service area.
The approval of this proposal is consistent with the purpose and
intent of the City of Bakersfield's Zoning Ordinance and complies
with the minimum required codes, policies and standards for
development adopted by the City Council.
The proposal is consistent with the goals, objectives and policies of
the Metropolitan Bakersfield 2010 General Plan. The proposed use,
while meeting the goals, objectives and policies of the general plan,
is a Iow impact commercial use of this site which is designated as
General Commercial.
The overall design of the project, as conditioned, is consistent with the
goals and policies of all elements of the general plan.
The conditions of approval, attached hereto as Exhibit "A" are needed to
provide for orderly development, and the public health, welfare and safety.
SECTION 1.
follows:
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
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. 123-18
marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "D ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "A" and site plan depicted in Exhibit "B".
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.
......... 000 .........
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I HEREBY CERTIFY that the foregoing Ordinance was passe, d an.d adg~,ted by the
Council of the City of Bakersfield at a regular meeting thereof held on JUL 1 0 2u02 ,
by the following vote:
AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, t-~kN'~,(~N., SULLIVAN, SALVAGGIO
NOES: COUNClLMEMBER
ABSTAIN: COUNClLMEMBER ~kj~.~J_
ABSENT: COUNCILMEMBER
CITY CLERK and Ex OfficidJClerk of the
Council of the City of Bakersfield
APPROVED JUL !0 200
MAYOR of the City of Bakersfield
APPROVED A~TO FORM:
BART J. THI/~EN
City Atto/~/ ~ /~
S:~ZoneChange\02-0169\CC ord.wpd
June 28, 2002
EXHIBIT A
Conditions of Approval/Mitigation Measures
Zone Change 02-0169
Planned Commercial Development
Public Works Department:
With the first phase to be developed, fully improve Saddle Drive and White Lane to City
Standards. Improvements shall include minimum 5.5' wide sidewalks, street lights, any
necessary paving or reconstruction, or other improvements as directed by the City
Engineer. White Lane improvements shall be extended easterly to tie into existing
improvements at Old River Road.
As approved by the City Engineer, the area of the emergency fire access shall be paved
with a porous material such as Turfcrete, capable of supporting fire equipment while still
allowing for some landscaping and protection of any underground facilities.
Regional transportation impact fees per established fee schedule shall apply, no
additional mitigation fees are required.
4. Conditions of Site Plan Review shall apply.
The developer shall provide the entrance to the mini-storage facility off of White Lane,
shall construct to City standards a deceleration lane into the facility on White Lane and a
shall construct to City standards a right turn deceleration lane onto Old River Road.
Condition added by the City Council.
The developer shall construct to City standards a left-turn "worm" into the facility for
west bound traffic.
Condition added by the City Council.
Plann nq Deoartment:
7. The applicant's rights granted by this approval are subject to the following provisions:
The project shall be in accordance with all approved plans, conditions of approval, and
othar required permits and approvals. AII construction shall comply with applicable
building codes.
All conditions imposed shall be diligently complied with at all times and all construction
authorized or required shall be diligently prosecuted to completion before the premises
shaft be used for the purposes applied for under this approval.
The Planning Commission may initiate revocation of the rights granted if there is good
cause, including but not limited to, failure to comply with conditions of approval, complete
construction or exercise the rights granted, or violation by the owner or tenant of any
provision of the Bakersfield Municipal Code pertaining to the premises for which the
Exhibit A
ZC P02-0169
Page 2
10.
11.
12.
13.
14.
15.
approval was granted. The Planning Commission may also consider under the revocation
addition to or modification of any conditions if there is sufficient cause, including but not
limited to, complaints regarding the project or that the conditions are not adequate for the
intended purpose.
Unless otherwise conditioned, this approval runs with the land and may continue under
successive owners provided all the above mentioned provisions are satisfied.
Prior to approval of final site plan and issuance of any building permit, the property
owner (owner at that time) shall provide a water will serve letter to the Planning
Department.
If during construction activities or ground disturbance, cultural resources are uncovered,
the subdivider shall stop work and retain a qualified archeologist for further study.
Subdivider shall notify the proper authorities and be subject to any mitigation measures
required of the archeologist.
Mitigation measure as recommended by Phase I Cultural Resource Survey prepared
by Hudlow Cultural Resource Associates (March 1999).
A lighting plan showing the location of all proposed lighting within the mini-storage
facility shall be submitted to the Planning Department prior to approval of the final
development plans for this site. No pole lighting is allowed.
The monument sign shall not exceed 32 square feet in area and not to exceed 6 feet in
height.
Condition added by the Planning Commission.
The preliminary development plans submitted indicate that there will be a 30 inch
separation between the mini-warehouse structures and the existing masonry block wall.
The applicant shall provide proper maintenance of the area between the structures and
the wall and shall keep this area free of weeds and debris.
Outdoor, exterior audio equipment shall not be permitted.
This project is within or near an area of documented "known" den sites for the San
Joaquin kit fox. Prior to ground disturbance and grading plan approval, the applicant
shall perform a biological clearance survey for the site and deliver a copy to the
Planning Department. In addition, the applicant provide notice to wildlife agencies at
least five days Drier to (~radin(~ and excavation of den sites. Forms and instructions,
including a list of biologists, are available at the Planning Department. (Metropolitan
Bakersfield Habitat Conservation Plan Implementation/Management Agreement Section
4.7.4. (BMC 15.78.070)
Landscaping shall place as a priority, retention of existing trees along adjacent street
frontages No ex st ng trees shall be removed prior to Planning Director approval of a
final landscape plan. A andscape maintenance shall be the respons~bd~ty of the
developer.
Exhibit A
ZC P02-0169
Page 3
16.
At the developer's expense a Tevis Ranch identification sign shall be placed on the
block wall located at the southwest corner of White Lane and Saddle Drive to replace
the subdivision identification signs which will be removed from the project site. The
maximum letter height of this sign shall not exceed one foot.
Condition added by the Planning Commission. Condition assumes the city controls the
wall so that the condition can bo implemented.
17. All Auction parking shall be provided on the interior of the project site.
18.
Condition added by the Planning Commission.
Security cameras proposed within the facility shall be designed and arranged so that
they are directed away from adjacent residential properties.
Condition added by tho City Council.
Exhibit A
ZC P02-0169
Page 4
EXHIBIT NO._
SITE PLAN COMPLIANCE LIST
The following are specific items that the Site Plan Review Committee has noted that you
need to resolve before you can obtain a building permit or be allowed occupancy.
These items may include changes or additions that need to be shown on the final
building plans, alert you to specific fees, and/or are comments that will help you in
complying with the City's development standards. The item will note when it is to be
completed and each has been grouped by department so that you know who to contact if
you have questions.
A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 661/326-3718)
The applicant shall submit 4 copies of grading plans and 2 copies of the
preliminary soils report to the Building Division. You must submit a final soils
report to the Building Division before they can issue a building permit.
The applicant shall include fire resistive wall construction details with the final
building plans for all exterior walls of any building that are within 20' of property
lines if it is commercial, or 5' of property lines if it is residential.
Include with or show on the final building plans information necessary to verify
that the project complies with all disability requirements of Title 24 of the State
Building Code.
Structures exceeding 10,000 square feet in area shall require installation of an
automatic fire sprinkler system.
Business identification signs are not considered nor approved under this review.
A separate review and sign permit from the Building Division is required for all
new signs, including future use and construction signs. Signs must comply with
the Sign Ordinance (Chapter 17.60).
The Building Division will calculate and collect the appropriate school district
impact fee at the time they issue a building permit.
DEVELOPMENT SERVICES - PLANNING (staff contact - Wayne Lawson
(661/326-3145)
The minimum parking required for this project has been computed based on use
and shall be as follows:
Storage buildings - 214,000 square feet @ I space/I,000 =
Caretaker's Residence
Total Parking Required
214 spaces
2 spaces
216 spaces.:;
Exhibit A
ZC P02-0169
Page 5
(Note: parallel parking adjacent to the mini-storage buildings may count toward
this parking requirement at the rate of 1 space/22 linear feet)
The applicant shall include a copy of a final landscape plan with each set of the
final building plans submitted to the Building Division. In addition, one (1) copy
of the landscape plan shall also be submitted to the Planning Division. Building
permits will not be issued until the Planning Division has approved the final
landscape plan for consistency with approved site plans and minimum ordinance
standards (please refer to the attached standards - Chapter 17.61 ).
Please be advised that these landscaping standards create four (4) categories of
trees and each category has its own separate set of spacing, evergreen-to-
deciduous ratios, location, and per-[ormance standards. These categories are:
Street frontage trees
Parking lot (shade trees)
Shade/accent trees at building entrances
Trees that buffer adjacent residential areas
Approved landscaping, parking, lighting, and other related site improvements
shall be installed and inspected by the Planning Division before final occupancy
of any building or site. Please schedule final inspections with the staff contact
noted above.
(NOTE: Plants must match the species identified and be installed in the
locations consistent with the approved landscape plan. Otherwise,
changes made without prior approval of the Planning staff may result in
the removal and/or relocation of installed plant materials and delays in
obtaining building occupancy.)
Habitat Conservation fees shall be required for this project and will be calculated
based on the fee in effect at the time we issue 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 the fee, the applicant will receive acknowledgment of
compliance with Metropolitan Bakersfield Habitat Conservation Plan
(Implementation/Management Agreement Section 3.1.4). This fee is currently
$1,240 per gross acre, payable to the City of Bakersfield (submit to the Planning
Division). This fee must be paid before any grading or other site disturbance
Occurs.
Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly,
hotel, hospital, church, school) shall be completely screened by parapets or
other finished architectural features constructed to a height of the highest
equipment, unfinished structural element or unfinished architectural feature of
the building. ~'
Exhibit A
ZC P02-0169
Page 6
C. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706)
1. Show on the final building plans the following items:
Both offsite (nearest to site) and on-site fire hydrants with required fire
flows. New fire hydrants shall be sited and installed in accordance with
the latest adopted version of the California Fire Code. Hydrants must be
in working order to assure that adequate fire protection is available during
construction unless other arrangements for such protection are approved
by the Fire Department. Please provide 2 sets of the engineered water
plans to Dave Weirather. (Note: Afl new fire hydrants must be
purchased from the Fire Department.)
Project address, including suite number if applicable. If the project is
within a shopping or business center, note the name and address of the
center.
c. Name and phone number of the appropriate contact person.
PUBLIC WORKS - ENGINEERING (staff contact -Janice Horcasitas
661 ~326-3576)
The applicant shall construct sidewalks along White Lane and Saddle Drive with
full improvements to tie into existing improvements on both White Lane and
Saddle Drive according to adopted city standards. These improvements shall be
shown on the final building plans submitted to the Building Division before any
building permits will be issued.
The applicant shall install one street light along White Lane (#618AD) as shown
by staff on the returned site plan. The applicant shall be responsible for
providing the labor and materials necessary to energize all newly installed street
lights before occupancy of the building or site. These improvements shall be
shown on the final building plans submitted to the Building Division before any
building permits will be issued.
The applicant shall construct standard handicap ramps at the southeast corner
of White Lane and Saddle Drive according to adopted city standards. These
improvements shall be shown on the final building plans submitted to the
Building Division before any building permits will be issued.
The applicant shall install new connection(s) to the public sewer system. This
connection shall be shown on the final building plans submitted to the Building
Division before any building permits will be issued.
Exhibit A
ZC P02-0169
Page 7
10.
11.
12.
All driveways, vehicular access and parking areas shall be paved with a
minimum of 2" Type B, A.C. over 3" Class II A.B. according to the Bakersfield
Municipal Code (Sections 15.76.020 & 17.58.050 N.) and the adopted standards
of the City Engineer. This paving standard shall be noted on the final building
plans submitted to the Building Division before any building permits will be
issued.
If a grading plan is required by the Building Division, building permits will not be
issued until the grading plan is approved by both the Public Works Department
and Building Division.
Before you can occupy any building or site, you must reconstruct or repair
substandard off-site improvements to adopted city standards as directed by the
City Engineer. Please call the construction superintendent at 661/326-3049 to
schedule a site inspection to find out what improvements may be required.
You must obtain a street permit from the Public Works Department before any
work can be done within the public right-of-way (streets, alleys, easements).
Please include a copy of this site plan review decision to the department at the
time you apply for this permit.
A sewer connection fee shall be paid at the time a building permit is issued. We
will base this fee at the rate in effect at the time a building permit is issued.
If the project is subject to the provisions of the National Pollutant Discharge
Elimination System (NPDES), a "Notice of Intent" (NOI) to comply with the terms
of the General Permit to Discharge Storm Water Associated with Construction
Activity (WQ Order No. 92-08-DWQ) must be filed with the State Water
Resources Control Board in Sacramento before the beginning of any
construction activity. Compliance with the general permit requires that a Storm
Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out,
and always be available for public inspection during normal construction hours.
A transportation impact fee for regionat facilities shall be paid at the time a
building permit is issued. This fee will be based at the rate in effect at the time
the permit is issued.
The Public Works Department will celculate an estimate of the total fee when you
submit construction plans for the project.
The applicant is within the Tevis Ranch Planned Drainage Area (PDA) and shall
pay a PDA fee or $2,288 per acre. The applicant is still required to submit a
detailed drainage study of the project area for the review and approval of the City
Engineer.
Exhibit A
ZC P02-0169
Page 8
E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 6611326-3997)
Street return type approach(es), if used, shall have 20' minimum radius returns
with a 30 foot throat width. All dimensions shall be shown on the final building
plans.
Show the typical parking stall dimensions on the final building plans. Minimum
parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over
landscape areas no more than 2¼ feet provided required setbacks along street
frontages are maintained, and trees and shrubs are protected from vehicles as
required by the Planning Division.
PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114)
You must contact the staff person noted above before building permits can
be issued or work begins on the property to establish the level and type of
service necessary for the collection of refuse and/or recycled materials. These
levels of service are based on how often collection occurs as follows:
· Can or cart service --
· Front loader bin service --
yards/day
· Roll-off compactor service --
I cubic yard/week or less
1 cubic yard/week - 12 cubic
More than 12 cubic yards/day
Show on the final building plans one, 8' x 10' (inside dimension) refuse bin
enclosure(s) designed according to adopted city standards (Detail #S-43).
Before occupancy of the building or site is allowed, two, 3 cubic yard front
loading type refuse bin(s) shall be placed within the required enclosure(s).
Facilities that require grease containment must provide a storage location that is
separate from the refuse bin location. This shall be shown on the final building
plans.
Facilities that participate in recycling operations must provide a location that is
separate from the refuse containment area. This shall be shown on the final
building plans.
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EXHIBIT NO. ~
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EXHIBIT NO.~ ~
LEGAL DESCRIPTION
That portion of thc Northeast quarter of Section 18, Township 30 South, Range 27 East, Mount Diablo
Base and Meridian, in thc City of Bakersfield, County of Kern, State of Cali£omia, described as
follows; o , ,,
BEGINNING at the Northeast comer of said Section 18; thence South 00 58 59 West, along the East
line of the Northeast quarter of said Section 18, a distance of 70.00 feet to the TRUE POINT OF
BEGINNING;
Thence North 89°15'32'' West, a distance of 114.708 feet; thence North 84°29'4Y' West, a distance of
a
120.416 feet; thence North 88 23 37 West, a distance of 330.038 feet; thence North 89015'32'' West,
distance of 456.24 feet to a point on the Easterly right-of-way line of Saddle Drive as shown on Tract
4345, Phase A, according to the map thereof recorded in Book 33 of Maps at Page 99, Kern county
Records; thence Southerly, along the Easterly right-of-way line of said Saddle Drive, the following
courses:
South 45o44'28'' West, a distance of 28.28 feet; thence South 00o44'28'' West, a distance of 105.00 feet
to the beginning of a 300.00 foot radius tangent curve, concave to the West; thence Southerly, along
said curve, through a central angle of 07°24'07'', an arc distance of 38.76 feet, to the beginning of a
300.00 foot radius reverse curve, concave to the East, a radial to said beginning bears North 81°51'25"
West; thence Southerly, along said curve, through a central angle of 07°24'07", an arc distance of
38.76 feet; thence tangent to said curve, South 00044'28" West, a distance of 187.71 feet to the
Northwest comer of Tract No. 4852, according to the map thereof recorded in Book 35 of Maps at
Page 105, Kern County Records; thence South 89°1Y32" East, leaving the Easterly right-of-way line
of said Saddle Drive, along the North line of said Tract 4852, a distance of 95.00 feet; thence North
87o06'29'' East, continuing along the North line of said Tract 4852, a distance of 315.63 feet; thence
South 88048'26'' East, continuing along the North line of said Tract 4852, a distance of 634.43 feet to a
point on the East line of the Northeast quarter of said Section 18,thence North 00o58'59.' East, along
the East line of the Northeast quarter of said Section 18, a distance of 360.01 feet to the TRUE
POINT OF BEGINNING.
Containing 8.921 acres, more or less.
EXCEPTING THEREFROM 50% of all oil, gas and other minerals within or underlying said land,
or that may be produced and saved therefrom, providing that the Grantor, his successors and assigns
shall not conduct drilling or other operations upon the surface of said land, but nothing herein
contained shall be deemed to prevent Grantor, his successors and assigns from extracting or capturing
said minerals by drilling on adjacent or neighboring lands and/or from conducting sub-surface drilling
operations under said lands at a depth of 500 feet below the surface of said land, so as not to disturb the
surface thereof or any improvements thereon as reserved by Bank of America National Trust and
Savings Association, as Trustee under the last will and testament of William Wesley Frazier, deceased,
in Deed recorded December 31, 1969 in Book 4350 Page 950 of Official Records.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 July, 2002 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4072 , passed by the
10th day of July 2002 and
Bakersfield City Council at a meeting held on the
entitled:
AN ORDINANCE ADOPTING ANEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO 123-18) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM A (AGRICULTURAL) TO PCD (PLANNED
COMMERCIAL DEVELOPMENT) ON 10.66 ACRES
GENERALLY LOCATED AT THE SOUTHEAST CORNER
OF WHITE LANE AND SADDLE DRIVE.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPL~I'Y City Clerk