HomeMy WebLinkAboutORD NO 3079ORDINANCE NO. 3079 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 THOSE CERTAIN
PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED
ON THE SOUTH SIDE OF HIGHWAY 178 WEST OF OSWELL
STREET, 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,
fare and good zoning practice justify the change of
R-1 (One Family Dwelling) Zone to a P.C.D. Zone;
general wel-
zone from an
2. That the applicant, RANDALL A. BOHL for EAST
BAKERSFIELD ASSOCIATES, 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 the commercial and professional development
will be in harmony with the character of the surrounding neigh-
borhood and community;
5. 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 projected improvements and by provisions in the plan for
proper entrances and exits, and by internal provisions for traf-
fic and parking;
6. That the development, as proposed, constitutes a
harmonious, integrated plan and justifies exception from the nor-
mal application of the Municipal Code;
7. 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;
8. 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:
To facilitate the potential roadway extension
of the major east/west circulation road identi-
fied in the Final EIR, the applicant shall,
prior to approval of any grading plan or issu-
ance of any building permit, provide the City
Engineer with a design plan therefor, or an
agreement with the property owner adjacent and
west of the project site, either of which shall
be subject to approval by the City Engineer.
The applican~ shall make the following impro-
vements to the state drainage basin:
a. Clear and grub basin;
b. Grade basin to City standards;
c. Construct access ramp to City standards;
d. Replace fence to City standard;
e. Provide dedicated and traversible access;
f. Provide verification of basin capacity to
City and State standards. (Public Works)
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Prior to issuance of building permits, the
applicant shall enter into an agreement with
the city and post approved security to guaran-
tee construction of required improvements,
including, but not limited to, those improve-
ments shown on the "Schematic Plan - Off-site
Improvements" and as outlined in the Final
EIR. (Public Works)
The applicant shall enter into an agreement
with the City and post approved security to
guarantee the construction of a traffic signal
at the west main entrance to the site along
Bernard Street for a period ending 3 years
after completion and occupancy of 90 percent
of the total 106 acre development described in
the Final EIR as the "Eastside Shopping
Center". If the need for a traffic signal has
not been determined by the end of this period,
the applicant shall be relieved of responsi-
bility for construction of the traffic signal.
(Public Works)
Prior to issuance by the City of any project-
related construction permits, the applicant
shall deposit sufficient funds with the City
to enable the City to conduct specific on-site
noise measurements in residential units
located along Bernard Street. The City shall
undertake such measurements as expeditiously
as possible, and may contract with a private
noise consultant for this purpose.
Based on the findings of the City's noise
measurements, the City may require of the
applicant the deposit of such further funds,
prior to the issuance of any project-related
construction permits, as the City determines
would be necessary to reduce noise levels
within the interior of any residential units
located along ~ernard Street between Mt.
Vernon and Oswell through structural retro-
fitting (e.g. dual pane windows, insulation,
etc.) to the standard of 55 dB (A) CNEL pre-
scribed by the City's Noise Element.
(Planning Department)
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10.
11.
12.
The applicant shall deposit sufficient funds
with the City, prior to issuance of any
project-related construction permits, to ena-
ble the City to have the site inspected by a
qualified wildlife biologist prior to the ini-
tiation of on-site construction activities.
Should such an inspection disclose the pres-
ence of inhabited kit fox dens on the site,
the applicant shall be responsible, to the
satisfaction of the City, for excavation of
dens and relocation of any impacted kit foxes
to suitable alternate locations. (Planning
Department)
The applicant shall work with the Golden
Empire Transit District to ensure the provi-
sion of adequate bus system routing and serv-
ice to the project. Final project plans shall
include an adequate number of covered bus stops
to help encourage utilization of public transit
systems as a means of convenience and comfortable
access to the project. (Planning Department)
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)
Install 17 fire hydrants as shown on attached
plan prior to issuance of building permits. (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)
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 require-
ment may be 4,000 gallons per minute.
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13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Under Resolution No. 68-78 and Municipal Code
Sections 16.32.070(A) and 16.32.070(B): All sub-
dividers 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
permits. (Fire)
See Fire Marshal for life safety requirements.
(Fire Prevention Bureau) 326-3961 Leroy Kollenborn.
(Fire)
Provide an on-site grading plan, which should also
include mitigating measures for grade differential
off west property line. (Building)
Show compliance with all handicap requirements as
per State Code. (Building)
Provide utility plans with sizes and dimensions and
elevations. (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)
Review does not include signage. A separate
permit is required for all new signage.
(Building)
Project should be designed in accordance with
Appendix, Chapter 7 (1985 Edition) of the
Uniform Building Code.
All slopes shall be landscaped to reduce the
erosion potential.
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24.
A landscape and irrigation plan shall be sub-
mitted to the Planning Department for approval
prior to final site plan approval. (Planning)
25.
A Parcel Map will be filed if required by
state law to separate the project from subject
parcel. (Planning)
26.
Approved landscaping shall be installed prior
to final building inspection or occupancy of
any building. (Planning)
27.
The Sanitation Division must be contacted to
work out an alternate solution that will allow
safe collection. (Sanitation)
28.
Show typical parking lot layout including
space sizes, aisle widths, standard and com-
pact space locations. (Traffic Engineering)
29.
Show drive aisles with a minimum width of 24
feet. (Traffic Engineering)
30.
31.
Show two-way parking aisles with a minimum
width of 25 feet to provide proper back-up
space for right angle parking. (Traffic
Engineering)
Show typical parking stall dimensions (8½' x
20' standard as approved by the Traffic
Engineer, 7½ x 15' compact). (Traffic
Engineering)
32.
Show typical handicap parking space with
dimensions of 9'x20' with a 5'x20' unloading
zone on either side of space. (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 properties in said City, the bounda-
ries of which properties are shown on the map hereto attached and
made a part hereof, as follows: changing the zoning boundaries
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from a R-1 (One Family Dwelling) zone 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 A SHOPPING CENTER WITH
388,322 SQUARE FEET OF ENCLOSED MALL AREA
ON A 37 ACRE SITE:
All that portion of the Northerly one-
half of Section 22, Township 29 South,
Range 28 East, M.D.B.&M., City of
Bakersfield, County of Kern, State of
California described as follows:
Beginning at the Northwest corner of said
Section 22;
Thence along the Northerly line of said
Section 22, North 89° 15' 46" East,
1,318.67 feet to the Northwest corner of
the East half of the Northwest Quarter of
said Section 22;
Thence along the Westerly line of said
East half of Section 22 South 0° 18' 49"
East, 826.65 feet to a point on the
Southerly right-of-way line of State
Route 178, said point also being the
TRUE POINT OF BEGINNING.
Thence along the Southerly right-of-way
line of State Route 178 the following
courses:
North 59° 15 34"
North 74° 00 43"
North 77° 28 02"
North 86° 56 15"
North 79° 42 11"
North 89° 53 51"
South 61° 03 34"
South 61° 01 52"
East
East
East
East
East
East
East
East
73.62 feet;
292.60 feet;
293.21 feet;
488.19 feet;
205.04 feet;
442.30 feet;
118.82 feet;
127.49 feet;
South 61° 03 53" East 542.42 feet;
Thence leaving the Southerly right-of-way
line of State Route 178 South 89° 17' 34"
West 171.32 feet to a point on a tangent
curve concave Southerly having a radius
of 1,030 feet;
Thence Westerly along said curve through
a central angle of 34° 51' 27" a distance
of 626.63 feet to a tangent line;
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Thence South 54° 26' 07" West, 304.43
feet to a point on a tangent curve con-
cave Northerly having a radius of 1,170;
Thence Westerly along said curve through
a central angle of 35° 15' 04" a distance
of 719.84 feet to a tangent line;
Thence South 89° 41' 11" West, 769.15
feet to a point on the Westerly line of
said East half of the Northwest Quarter
of Section 22;
Thence along the Westerly line of said
East half of the Northwest Quarter of
Section 22 North 0° 18' 49" West, 730.00
feet to the TRUE POINT OF BEGINNING.
Containing 36.8 acres more or less.
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 December 3, ]986
by the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED December 3, 1986
MAYOR of the City o~/Bakersfield
APPROVED as to form:
A~ORNEY of'the City of Bakersfield
O.BOHL
Zone Chan. o~ e
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Afft avt! of os tng ( r tnan es
STATE OF CALIFORNIA t 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 December 8 , 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 December 3 , 1986 , which ordinance
was numbered 3079 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 those
certain properties in the City of Bakersfield located on
the south side of Highway 178 west of Oswell Street,
approving the preliminary development plan and making
findings in connection with a P.C.D. Zone.
Subscribed and sworn to before me this
..8.t..l~ ... day of ...... D~.~.e~'Pg.E .............. 19..fi6
NOTA~'Y PUBLIC - CALIFORNIA