HomeMy WebLinkAboutORD NO 3050ORDINANCE NO. 3050 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.06.020 OF
TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE
CHANGING THE LAND USE ZONING OF THAT CERTAIN
PROPERTY IN THE CITY OF BAKERSFIELD LOCATED
AT THE NORTHWEST CORNER OF WILSON ROAD AND
SOUTH REAL ROAD, APPROVING THE PRELIMINARY
DEVELOPMENT PLAN AND MAKING FINDINGS IN
CONNECTION WITH A P.C.D. 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 has held a public hearing on
a petition to change the land use zoning on the property herein-
after described; and
WHEREAS, the City Council has determined after due con-
sideration of said application consisting of a Preliminary
Development Plan indicating the matters required by Section
17.54.030 of the Municipal Code, together with a plot plan, and a
statement pertaining to allowable uses and conformance to the
General Plan, and all other matters as required by law, and after
having considered the recommendations of the Planning Commission,
together with the reasons advanced at the hearing for a change of
zoning of the hereinafter-described property, that a zoning
change should be authorized; and
WHEREAS, the City Council has considered and hereby
makes the following findings:
1. That the public necessity, convenience, general wel-
fare and good zoning practice justify the change of zone from an
R-1 (One Family Dwelling) Zone to a P.C.D. (Planned Commercial
Development) Zone;
2. That the applicant, HMI HOLDINGS, INC., does intend
to start construction within two and one-half (2-1/2) years from
the effective date of the zoning change;
3. That the proposed planned commercial development
substantially conforms to the General Plan;
4. That a Negative Declaration was filed and posted in
accordance with the City Council Resolution No. 132-83 on
March 21, 1986;
5. That the commercial and professional development
will be in harmony with the character of the surrounding neigh-
borhood and community;
6. That this type of development is needed at this pro-
posed location to provide adequate commercial facilities of the
type proposed; that traffic congestion will not likely be created
by the proposed development, or it will be alleviated by pres-
ently project improvements and by provisions in the plan for
proper entrances and exits, and by internal provisions for traf-
fic and parking;
7. That the development, as proposed, constitutes a
harmonious, integrated plan and justifies exception from the nor-
mal application of the Municipal Code;
8. That the area proposed for rezoning to a P.C.D. zone
is in excess of one (1) acre as required by Section 17.54.110 of
the Municipal Code;
9. That the additions to the plan recommended by the
Planning Commission are appropriate to this development and
should be adopted and imposed thereon;
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
1. The above recitals are true and correct and are
hereby adopted.
2. The Preliminary Development Plan and accompanying
documents, as submitted, are approved and adopted subject to the
following additions to the plan:
1. A six-foot high masonry wall is required on
that portion of the North property line where
there is no existing wall. (Planning)
2. No building shall be built within 40 feet of
the West property line. (Planning)
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e
10.
11.
12.
13.
14.
Buildings with backs facing the Westerly prop-
erty line shall not exceed 25 feet in height.
(Planning)
Developer shall construct, as early as possi-
ble in the construction process, an eight-foot
high masonry wall along the west property line
decreasing in height to six feet adjacent to
the alley. There shall be no wall located
within 15 feet of the right-of-way for Wilson
Road.
Fifteen gallon evergreen trees on 20-foot cen-
ters shall be planted along the west property
line. (Planning)
Property is to be restricted against full-
service grocery stores, automotive garages and
cocktail lounges, although this is not to
restrict the sale of alcoholic beverages in
conjunction with a restaurant or dinner house.
(Planning) (Note: applicant wanted grocery
stores added to restricted list)
All lighting shall be deflected from shining
or lighting up the residential area to the
west. (Planning)
Trash bin enclosures shall be masonry and
shall be no closer than 30 feet from the
Westery wall and no more than six feet in
height. (Planning)
Air conditioning units shall be either within
the buildings or be on the front part of the
roofs and be baffled for sound and screened
from view from the residents to the west.
(Planning)
Vehicular speed behind all buildings shall
be limited to 10 mph. (Planning)
Concrete block walls shall be earth tones and
shall be of non-reflective colors. (Planning)
The businesses occupying the development will
not create unreasonable night-time noises. It
is understood, though that usual commercial
noises of the development will be exempt from
restriction. This restriction will be from 10
p.m. to 6 a.m., Monday through Saturday, and
from 10 p.m. to 8 a.m. on Sunday.
There shall be no fast food restaurant located
within 300 feet from the west property line
measured from the adjacent alley. If
Building "G" needs to be relocated, the new
location shall be approved by the Planning
staff. (Planning)
Rear building elevations (both West and North
elevations) shall be designed to screen all
air conditioning and other roof equipment and
to have final approval by the Planning
Commission. (Planning)
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15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
An overall comprehensive sign plan shall be
established to meet standards of the City of
Bakersfield Sign Code and shall be reviewed
and approved by the Planning Commission.
(Planning)
Provide an on-site grading plan. (Building)
Provide an on-site sewer plan. (Building)
Show compliance with all handicap requirements
as per State Code. (Building)
Need to provide plans signed by a licensed or
registered architect, engineer or building
designer. (Building)
A final soils report shall be submitted and
approved prior to issuance of building
permit(s). (Building)
Structures exceeding 10,000 square feet in
area shall be constructed with an automatic
fire sprinkler system throughout. (Building)
Provide utility plans with sizes and dimen-
sions and elevations. (Building)
A landscape and irrigation plan shall be sub-
mitted to the Planning Department for approval
prior to final site plan approval and approved
landscaping shall be installed prior to final
building inspection or occupancy of any
building. (Planning)
The amount of parking required for this pro-
ject will be based on the actual occupancy of
the leased space(s). See Section 17.58.020 of
the Bakersfield Municipal Code for specific
parking requirements. (Planning)
The address assigned is for the entire loca-
tion. If you desire individual pad and lease
space addresses submit two copies of the plot
plan (8½" x 14" max.) designating all possible
lease areas to this department, Attention:
Rodney Langston. (Planning)
Designate a fire lane, per City requirements,
as shown on the attached site plan. Please
indicate spacing between signs to meet City
standards. (Fire)
Show all fire hydrant locations and required
fire flows on site plan. (Fire)
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)
29.
30.
31.
32.
33.
34.
35.
36.
Provide 4 fire hydrants as shown on the
attached plan.
Pursuant to Sections 10.301c and 10.301d of
the Uniform Fire Code, water mains and fire
hydrants to be installed shall be completed,
tested and accepted prior to final site plan
approval or issuance of any building permit.
Water mains are to be installed per I.S.O. and
City requirements with dead end mains no less
than 8" in size.
Based upon available information fire flow
requirement may be 3,500 gallons per minute.
Under Resolution No. 68-78 and Municipal Code
Sections 16.32.070(A) and 16.32.070(B): All
subdividers and all persons otherwise required
to furnish fire hydrants are hereby required
to purchase the required fire hydrants,
hydrant burys, necessary bury extensions and
all necessary bolts and gaskets from the city
of Bakersfield and install all hydrants no
more than 6" above permanent line and grade
and pay the total cost thereof. (Fire)
Post the designated fire lane as required by
the city prior to occupancy of any portion of
any building. (Fire)
Provide the Fire Department with one set of
approved water plans prior to the issuance of
any building permit. (Fire)
Sub-standard off-site improvements shall be
reconstructed to City Standards or repaired as
directed by the city Engineer. Call John
Grindstaff at 326-3050 to determine extent.
(Engineering Services)
The substandard curb and gutter at the north-
east corner of the site shall be replaced to
correct an existing drainage problem.
Show as existing or proposed all curbs, gut-
ters, sidewalks, paving, utility poles, fire
hydrants, street lights, sewers, traffic sig-
nal devices, etc. (Engineering Services)
Construct standard handicap ramps on all
returns. (Engineering Services)
Show how the site is to be drained. Include
existing or proposed elevations and pavement
slopes. (Engineering Services)
37.
Runoff from a portion of the development shall
be contained on site, and the developer shall
enlarge the existing drainage retention basin
adjacent to the northwest corner of the site.
The expansion area shall be deeded in fee to
the City. An easement for access purposes
from Real Road to the basin shall be dedicated
to the City.
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38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
Show proposed connection(s) to a public sewer.
(Engineering Services)
Submit a plan for review and approval to pro-
vide sewer service to each building requiring
sewer service.
On-site paving shall be 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)
Sidewalks (minimum 5.5' wide) shall be con-
structed on both Real Road and on Wilson Road.
(Public Works)
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)
Provide three copies of the grading plan with
soils report to Public Works. These must be
approved prior to final site plan approval.
(Engineering Services and Building)
By resolution of the City Council all develop-
ers of non-residential projects are required
to pay a development fee for community impro-
vements (major street improvements) at a rate
of $7.50 per vehicle trip generated by the
project. This fee shall be paid prior to
issuance of a building permit.
The city Council intends to adopt a policy
which requires developers of non-residential
projects to pay a development fee for local
off-site street improvements. The fee will be
assessed on all projects unless a building
permit has been obtained prior to adoption of
this policy. The fee will not exceed the
development fee for the community improvements
as noted above, for the first year this policy
is in effect. (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)
The Sanitation Division must be contacted to
work out an alternate solution that will allow
safe collection. (Sanitation)
Provide 42' (top-to-top) wide drive
approach(es) as shown on the attached plan.
Center drive approach on the drive aisle.
Main entrances may use a 20-foot radius
street-type curb return in lieu of drive
approaches. (Traffic Engineering)
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48.
49.
50.
51.
52.
53.
54.
55.
Two-way drive aisles shall be a minimum of 24
feet wide where no parking is adjacent.
(Traffic Engineering)
Two-way parking aisles shall be a minimum of
25 feet wide to provide proper back-up space
for right angle parking or 24 feet for two-way
aisles with angle parking. (Traffic
Engineering)
Wall or fence within 10 feet of a sidewalk at
an alley or driveway or within 10 feet of an
alley or driveway and adjacent to a parking
stall, shall not exceed three feet in height.
(Traffic Engineering)
Show typical parking stall dimensions (8½'
20' standard, 7½ x 15' compact). (Traffic
Engineering)
Handicap parking spaces shall be 9'x20' with
5'x20' unloading zone on either side of space.
(Traffic Engineering)
The proposals show 70 and 80 degree angle
parking with inadequate width drive aisles.
Since these require more room than 90 degree,
perpendicular stalls with 25' aisle, the park-
ing shown will not fit the layout. Use either
60 degree angle parking or 90 degree perpen-
dicular parking. Consult with traffic engi-
neering as needed for dimensions. (Traffic
Engineering)
There shall be no parking or intersecting
aisle for 100 feet on the main entrance off
Wilson Road and 50 feet on the secondary
entrances off South Real Road. The one-way
(northbound) aisle adjacent to Building "D"
may remain within the 50-foot area. (Traffic
Engineering)
Eliminate offset aisles or make a smooth tran-
sition. (Traffic Engineering)
3. The Preliminary Development Plan is incorporated
into this Zoning Ordinance by reference as fully as though set
forth herein.
4. The Zoning Map is hereby ordered changed by identi-
fying the area hereinafter described with the map symbol P.C.D.
5. Section 17.06.020 of the Municipal Code of the City
of Bakersfield be and the same is hereby amended by changing the
land use zoning of certain property in said City, the bounda-
ries of which property are shown on the map hereto attached and
made a part hereof, as follows: changing the zoning boundaries
7
from an R-1 (One Family Dwelling) to a Planned Commercial
Development (P.C.D.) Zone of that certain property in the City of
Bakersfield, being more particularly described as follows:
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A
P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE
CONSISTING OF 69,175 SQUARE FEET OF COMMERCIAL
LEASE SPACE (SCHEME 2):
Parcels 1, 2 and 3 of Parcel Map No. 5179 in
the City of Bakersfield, County of Kern, State
of California, as per Map recorded August 10,
1979 in Book 23, Page 75 of Parcel Maps, in
the Office of the County Recorder of said
County.
EXCEPTING THEREFROM the west 30 feet of
Parcel 1.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regu-
lar meeting thereof held on the 18th day of June , 19 8~ by
the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this 18th day of June , 1986
MAYOR of the City of/Bakersfield
APPROVED as to form:
CIT A O ~Y o e City o Bakersfield
AJS/bl
5 R.PCD-HMI 9
PAI~ C E L MS~P
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SAMPSOAI COURT
ZC 445J H-I /o PCD
HIWI HOLDING CO
IVW WILSON ~
~ REAL ,
STATE OF CALIFORNIA I 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 June 20 , 19 86 , she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on Juno 1 fl , 19 R6 , which ordinance
was numbered 3050 New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 17.06.020 OF
TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE
CHANGING THE LAND USE ZONING OF THAT CERTAIN
PROPERTY IN THE CITY OF BAKERSFIELD LOCATED
AT THE NORTHWEST CORNER OF WILSON ROAD AND
SOUTH REAL ROAD, APPROVING THE PRELIMINARY
DEVELOPMENT PLAN AND MAKING FINDINGS IN
CONNECTION WITH A P.C.D. ZONE.
City Clerk
Subscribed and sworn to before me this
....... ~.Q.~t!.. day of ...................J.~.n..9. .........................,19...~.~..
................ ...........
Not~r~ Public in a~d tor Ihe ~ ol Kern~ of C~11fornia
' .~ ROBERTA FAY CATFm?~:~
~/7 KERN COUN~ ~ [,
~ ~y comm. expires AUG ~1, ~a,,9 ~