Loading...
HomeMy WebLinkAboutORD NO 3707ORDINANCE NO. ~ ~ 0 ~ AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 102-32 BY CHANGING THE ZONING OF 25.4 ACRES GENERALLY LOCATED SOUTH OF BRIMHALL ROAD, APPROXIMATELY 700 FEET WEST OF ITS INTERSECTION WITH COFFEE ROAD FROM A C-2 (REGIONAL COMMERCIAL) ZONE TO A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE. 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 south of Brimhall Road, approximately 700 feet west of its intersection with Coffee Road; and WHEREAS, by Resolution No. 63-95 on September 7, 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 a C-2 (Regional Commercial) zone to a PCD (Planned Commercial Development) zone on 25.4 acres, as delineated on attached Zoning Map No. 102-32 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 C-2 (Regional Commercial) zone to a PCD (Planned Commercial Development) zone; and WHEREAS, on September 11, 1995, the decision of the Planning Commission was appealed; and WHEREAS, an appeal hearing and first reading of this ordinance was scheduled before the City Council on October 11, 1995; and WHEREAS, at said City Council hearing, testimony in support and in opposition was heard and considered by the City Council: and WHEREAS, in response to said input several conditions of approval were amended and added to the project by the City Council: and WHEREAS, the Council has considered the findings of the Planning Commission 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 July 17, 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", and reflected in Exhibit "D" (site plau) are included in the project to provide mitigation for potential habitat, traffic, noise and visual 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. 10. The proposed use provides commercial recreational services to large groups of persons in an open environment where security is needed in and around the facility. 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. 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. 102-32 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. ......... 000 ......... 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 ~AR 0 $ ~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMFrH, McDERMOT[ ROWLES, SULUVAN, SALVAGGIO NOES: COUNCIlMEMBER ABSTAIN: COUNCILME[4BER ABSENT: COUNCILMEMBER ActingCITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 0 fi ~8 MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY CARL HERNANDEZ DEPUTY CITY ATTORNEY DR:pjt October 23, 1995 res\o5646.cc 4 FP'$ ZONING MAP IO2 SEC 3~ · 29 ~ EXHIBIT "B" Zone Change No. 5§46 Legal Description FROM A C-2 (REGIONAL COMMERCIAL] TO A PCD (PLANNED COMMERCIAL DEVELOPMENT): BEING A PORTION OF THE EAST 100 ACKES OF THE NORTHEAST QUARTER OF SECTION 32. T.29 S.. ~.27 E.. M.D.B.& M.. IN THE CITY OF BAKERSFIELD. COUNTY OF KERN. STATE OF CALIFOKNIA. MORE PARTICULA~/~Y DESCRIBED AS FOLLOWS: CO~R~ENCING AT A CONCRETE MON~ENT TAGGED L.S. 5565 AT THE CEN~"EKLIHEIITTEKSECTION OF BRIllHALL ROADAND RIVE~RARCH DRIVE' PERTRACT NO. 5035-UNIT I RECORDED IN BOOK 37 OF MAPS AT PAGE 58 FILED IN T~ OFFICE OFT HE KEKN COUWI~g RECORDEK SAID POINT' BEING THE TRUE POINT OF BEGINNING: THENCE { 1 } THENCE SOuTh'89°10'23" EAST AhONG THE CENTEKLINE OF BKIISHALL ROAD (NORTH LZNE OF SECTION 32. 2~/27. 9S4.11 FEET: 121 DEPARTING SA~D CENTEPJaINE SOUT~ 00°4~'24# WEST. 1335.34 FEET: · H~CE (3) NORTH 89o19'00" WEST. 358.34 F=mT: THENCE (4) NOKTH 00o41'00" EAST. 151.00: THENCE ~5} NORTH 89o19'00" WEST. 119~$8 FEET: THENCE (5) NORTH 00=41'0~" EAST. 167.48 FEET: THENCE (7) NOKTH $9=19'00" WEST. 476.57 FEET; THENCE (8) NORTH 0~41'0~" EAST. POINT OF BEGINNING. 1017.86 FEET TO THE TRUE CONTAINS: 25.4 GROSS ACRES EXHIBIT "C" Conditions of Approval Zone Chaage No. 5646 Discretionary Conditions: Planning Department: There shall be no access whatsoever from River Ranch Drive. Redesign project to provide access to the mini-storage facility and for deliveries by way of some other route (i.e, construction of a service/access road between the mini-storage facility and the miniature golf courses). (Planning) Perimeter landscaping for the entire project site shall be installed during construction of Phase 1. The continuous masonry wall along River P, anch Drive shall also be constructed with Phase I. (Planning) The 22, 36-inch boxed coasl redwood trees proposed along the southern portion of the western property line directly adjacent to single family residential dwellings shall be planted in a staggered/off-set pattern rather than in a straight line to provide overlap and ensure more effective buffering for residential properties to the west. Upon installation, all 36" Box Coast Redwoods shall have a minimum caliper size of 3 inches and minimum height of 15 feet. All 24" Box Coast Redwoods shall have a minimum caliper size of 2 inches and a minimum height of 10 feet. Sizes shall be verified by the city at the final landscape inspection. (Planning) Additional parking lot trees shall be planted throughout both proposed phases of parking lot construction per ordinance requirements (one tree per six parking spaces). (Planning) 5. Final Development Plans: a) Final development plans shall be substantially consistent with preliminary plans including the attached Exhibit "D" (site plan) and project descriptions provided by the applicant and in the staff report and incorporate all conditions of approval. Final development plans shall be submitted for Planning Commission review and approval. (Planning) b) A landscape plan shall be brought back before the Commission with the final development plan and include the grove concept and parking lot median concept as articulated by Commissioner Dhanens. (Planning) c) The applicant shall provide screening so as to prevent overlook into the rear yards of the residential neighborhood from the project including but not limited to all slide towers. Proposed .screening shall be submitted for review and approval with the final development plan. (Planning) d) Prior to submittal of a final development phm the applicant shall provide a public safety security plan including but not limited to providing of a private security force that shall be maintained for the duration of the project. The plan shall be submitted to the city police department for review and approval. (Planning) e) The mini-storage buildings shall be set back from the block wall along River Ranch Drive, a distance of l0 feet or more as required by the Fire Department. All chainlink fencing shall be constructed per City Public Works Department standards S-10 and S-ll with redwood slats. (Planning) ,~ '3t~&'~x2 Exhibit "C" Zone ChangeNo. 5646 Page 2 Si~nage: A Comprehensive Sign Plan, which does not exceed C-I zx~ne sign criteria, shall be submitted for approval with the final development plans. No freestanding pylon (pole) signs shall be allowed. (Planning) Noise Mitigation: Based on the applicant's Noise Study, the following mitigation measures arc to satisfy city noise standards and reduce the potentifil for annoyance from the facility. Construct a noise barrier fit least 6 feet high along the north perimeter of the go-cart track. The barrier may consist of an earth berm, concrete block wall or any combination of berm and wall totalling 6 feet. This mitigation measure shall be required to effectively limit noise to meet the City's residential noise stnndard fit the residential property line (not to exceed L~0 noise level of 55 dBA). {Planning) Care shall bc taken in the operation of any amplified sound system used at the water park. Speakers shall not be pointed at residences and shall be operated at low volumes. 'lltere shall be no amplified music in outdoor areas after sunset. Speakers shall be located no higher than four (4) feet off the ground or floor of a structure. (l'lanning) 10. Hours of operation shall be 10 a.m. to 9 p.m. Sunday through Thursday and 10 a.m. to 10 p.m. Friday through Saturday for the family recreation/aquatics areas and 7 a.m. to 7 p.m. for the mini- storage facility. Within 60 days after commencing operation of each phase of the project, the applicant shall submit to the Planning Director, sound measurements from a qualified acoustical consultant that indicates compliance with the decibel levels identified in the Noise Study and/or consistent with city noise standards. Measurements shall be taken as each phase is operational and has all significant noise generating equipment/sources functioning. In the event noise levels are exceeded, outdoor operations shall cease or excessive noise levels mitigated. The applicant shall be responsible for all future costs associated with performance of any sound studies, including implementation of addilional conditions as determined by the Planning Director due to colnplaints of excessive noise. (Planning) Bus Service: 11. A bus turnout shall be required on Brimhall Road adjacent to the project site. Golden Empire 'Dansit (GEl') can provide turnout specifications and exact location to the developer before final site plan approval. (GET) Traffic Mitigation: 12. Mitigation Rctluircd with Development: The following improvements are needed at the time the project is developed: a) Right turn lane castbound to southbound on Brimhall Road at the north-south project street. b) Access to Coffee Road to serve the project. O!::IGINAL Exhibit "('" Zone Change No. 5646 Page 3 13. Share of Mitination reauircd by 2020 Study Year: a) Future expansion of the following intersecfions. Expansion includes modification to traffic sigmds. An enginecr's estimate of cx)sts shall be provided by the developer's engineer. Proportionate shares shown is per the traffic study. Rosedale llighway (SR58) @ Calloway Drive = 0.39% Rosedale Ilighway (SR58) @ Coffee Road = 0.49% Rosedale Highway (SR58) @ Fruitvale Avenue = 0.35% Stockdale Highway @ Gosford Road = 0.59% b) Future traffic signals at the following intersections. Estimate of cost of project share is based upon the current estimate of $130,000 per location. Allen Road @ Brimhall Road $130,000 x 0.46% -- $598 Brimhall Road @ Jcwetta Avenue $130,000 x 1.72% = $2,236 14. Future Road Wideninn on the followinn road senments: a) Rosedale ttighway (SR58) between Coffee Road and Fruitvale Avenue. Per the regional traffic fec project list, the cost per mile calculates to $3,304,000 per mile. The local share is 80%, or $2643,200 per mile. The project share for that mile segment = I mile x $2,643,200/mile x 0.42% project share = $11,000. b) Calloway Drive between Brimhall P, oad and Rosedale Itighway (SR58). An engineer's estimate shall be provided by the developer's engineer and shall include local share of railway grade separation. The project's proportionate share = 0.63%. c) Fruitvale Avenue between Rosedale lfighway (SR58) and Itageman Road. An engineer's estimate shall be provided by the developer's engineer. The project's proportionate share = 0.38%. NOTE: Eslimates required for those mitigation measures shall be determined prior to final site plan approval, submittal of a subdivision map, or application for a Certificate of Compliance. Public Works Department: 15. The applicant may arrange for the granting to thc City for freeway purposes the southerly portion of the P. G. & E. easement north of the Cross Valley Canal. The costs involved in obtaining fee title to that property may be used to offset the regional traffic mitigation fees. 16. The following comprehensive plans shall be submitted to and approved by the City Engineer prior to either submittal of a subdivision map or application for a Certificate of Compliance or final site plan approval of any development on the site. a) A drainage plan for the entire site. If ('ity-owned area south of the proposed freeway is to be utilized, the developer/subdivider shall pay an appropriate fee for use of the City property. b) A sewer plan for the entire site. Exhibit "C" Zone Change No. 5646 Page 4 17. 18. 19. 20. 21. 22. c) A circulation plan for the entire site. Fox Run Drive shall not be extended to serve uses developed on the ('-2 PCD zoning east of the residential subdivision other than for emergency services as required by City Fire or Police Departments. Dedication of those streets shall be provided prior to fired approval of any site plan or subdivision. Discharge from the water features into any City maintained system will not be permitted without the written approval of the City Engineer. The following improvements shall be constructed to City Standards with the first project on the site: a) Brimhall Road shall be fully improved with curb & gutter, sidewalk, street lights, street paving, and landscaping (width to be commensurate with that of the adjacent areas), {x~nnccting to existing improvements on both the east and west sides of the project. Sidewalk shall not be required outside the zone change Ixmndaries. b) River Ranch Drive shall be fully improved with curb & gutter, sidewalk, street lights, street paving, all landscaping and continuous masonry wall as depicted on final development plans. c) All roadways providing access to the family recreation center shall be fully improved with curb & gutter, sidewalk, street lights, street paving, and utility services. d) Sewer service and all other utilities shall be extended to all portions of the site, including the mini storage and the portion shown as a designated remainder, so existing facilities will not have to be disturbed for later development. Secondary access to uny particular phase of the development shall be along an alignment approved by the City Engineer and dedicated prior to recordation of a final map or issuance of a building permit. Said secxrndary access shall be improved as required by the City Engineer. Prior to issuance of a building permit, a) The sewer connection fee shall be paid. The fee will be based upon the current adopted charges at the time of issuance of the building permit. b) A transportation impact fee for regional facilities shall be paid, based upon the rate in effect at the time of issuance of a building permit. c) Local mitigation fees shull be paid based upon the project proportionate shares as shown above. Prior to issuance of a building permit, filing of a final purcel map or tract map, or issuance of a Certificate of Compliancc, a) b) A grading plan with soil report, including R values and infiltration tests for the retention basin site, shall be submitted to and approved by the City Engineer. On-site paving shall be in accordance with City ordinance and standards. All improvement plans shall be submitted to and approved by the City Engineer. Exhibit "C" Zone Change No. 5646 Page 5 23. A striping plan shall be included as part of the street improvement plans to be submitted to and approved by the City Engineer. As directed by the City Engineer, the developer shall remove the existing striping and restripe the road to facilitate westbound to southbound left turn movements into his project. Site Phm Review Condifions: "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 cheek. The Building Department will not begin plan check until all "A" Conditions are correctly indicated on the plans submitted for plan check. 24. Indicate on the final plan the location of and distance to the nearest fire hydrant(s). (Fire) 25. 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) 26. Indicate on the final plan all on-site fire hydrant locations and required fire flows. (Fire) 27. 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) 28. Indicate on the final plan a solid masonry wall along the west property linc. (Planning) 29. 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. All light fixtures shall bc located betwecn 15' and 40' above grade. Lighting direction and light fixtures shall bc shown on the final site plan. Lighting associated with the mini-storage facility shall not be located above lhe height of the storage buildings. (Planning) 30. Indicate on the final plan one, 8' x 15', refuse bin location(s) pursuant to City Standard S-43. (Sanitation) 31. Phase IV will need a refuse containment area, minimum of 8' x 10'. (Sanitation) 32. Street return type approach(es), if used, shall have minimum 20' radius returns with u 60' throat width. (Traffic Engineering) 33. Indicate on the final plan two-way drive aisles with a minimum width of 24 feet. (Traffic Engineering) 34. Indicate on the final plan two-way parking aisle with a minimum width of 25' to provide proper backup space for right angle parking. (Traffic Engineering) 35. Indicate on the final plan typical parking stall dimensions (9' x 18' standard). (Traffic Engineering) Exhibit "C" Zone Change No. 5646 Page 6 "B" CONDITIONS: This category consists of conditions that must be satisfied before the Building Department will begin checking plans submitted for plan check. 36. The applicant shall contact the Fire Safety Control Division, 1715 Chester Avenue, Suite 300, (Fire Prevention Bureau) for fire and safety requirements and provide one (1) set of building plans showing the required plan corrections to Fire Safety Control (Fire Marshal, (805) 326-3951) prior to the final site plan being approved. (Fire) 37. In order to provide adequate fire protection during construction, the applicant shall install three fire hydrant(s) as shown on the attached plans or provide alternative fire suppression as approved by the Fire Department prior to final site plan approval. (Fire) 38. The applicant shall provide four copies of the grading plans and two copies of the preliminary soils report to the Building Department. (Engineering Services and Building) 39. The Sanitation Division shall bc contacted to determine alternatives to allow the safe collection of refuse and/or recyclables. (Sanitation) "C" CONDITIONS: '[his category consists of informational notes that might be helpful to you. It also conthins 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. 40. 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) 41. Based upon available information, the 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) 42. The applicant shall post the designated fire lane as required by the City prior to occupancy of any portion of any building. (Fire) 43. The applicant shall provide the Fire Department with one set of approved water plans prior to the issuance of any building permit. (Fire) 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) Structures exceeding 10,000 square feet in area shall be constructed with an automatic fire sprinkler system. (Building) 46. The applicant shall provide fire resistive wall construction details for exterior walls of buildings that are at or near the property line. (Building) 47. Indicate on the final plan compliance with all handicap requirements pursuant to State Building Code. (Building) 48. A final soils report shall be submitted to the Building Department prior to issuance of any building permits. (Building) Exhibit "C" Zone Change No. 5646 Page 7 49. An Acoustical Consultant shall design the structures within the project to mitigate noise exposures at the property line of 65 dB as delineated by the CNEL conlout maps pursuant to Title 24 of the California Administration Code. (Building) 50. School District fees will be assessed at the time of issuance of a building permit. (Building) 51. The applicant shall obtain necessary approvals from the Kern County Environmental ttealth Services Department located at 2700 "M" Street for any public pool or related facilities prior to issuance of a building permit. Handicapped access to any public pool and related facilities shall conform to the State Building Code. (Building) 52. The applicant shall obtain necessary approvals from Ihe 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) 53. Approved landscaping shall be installed prior to tinal building inspection or occupancy of any building. Landscape inspections are on Fridays. Call Dave Dow at 326-3594 or kouise Palmer at 326-3680 r~rior to the Friday you wish your inspection. (Planning) 54. 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 Implemcntation/ManagementAgrecment (Section 2.21) for the Metropolitan Bakersfield tlabitat Conservation Plan. Upon payment of fees, the applicant will receive acknowledgement of compliance with Metropolitan Bakersfield Habilat Conservation Plan (Implementation/ManagementAgrecment Section 3. l.4). (Planning) 55. The applicant shall provide a minimum of 3, 3 cubic yard front loading type refuse bin(s) for the containment of refuse or recyclables. (Sanitation) 56. Facilities required to provide recycling areas shall provide locations of sufficient size as defined in Bakersfield Municipal Code, Chapter 8.32. (Sanitation) 57. Facilities required to provide grease containment shall provide a storage 1ocaflon separate from refuse or recycling bin locations pursuant to City Standard S-43. (Sanitatkm) 58. Facilities requiring infectious or medical waste services shall obtain approval for separate infectious or medical waste storage areas from the Kern County Environmental Health Services Department. In no instances shall the refuse or recycling bin area be considered for infectious waste containment purposes. (Sanitation) 59. (,ondfl~ons hstcd for th~s project shall be in effect for the life of the project. Failure to comply with any condition will result in enforcement action by the City of Bakersfield to obtain compliance. l£nforcement could include closure of all or a portion of the facility depending on the extent of violation. Continued violation could result in a city initiated zone change to review the project total for compliance and effectiveness of conditions or the need to add conditions. Costs as~)ciatcd with enforcement actions shall be the responsibility of the owner of the waterpark. If the approved use is discontinued for a period of one year, the property owner shall remove the slide, tube flume and body flume towers. p:5646ord.ea m m AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) $So 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 8th day of March, 1996 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3707, passed by the Bakersfield City Council at a meeting held on the 6th day of March, 1996, and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-32 BY CHANGING THE ZONING OF 25.4 ACRES GENERALLY LOCATED SOUTH OF BRIMHALL ROAD, APPROXIMATELY 700 FEET WEST OF ITS INTERSECTION WITH COFFEE ROAD FROM A C-2 (REGIONAL COMMERCIAL) ZONE TO A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield