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HomeMy WebLinkAboutORD NO 4083ORDINANCE NO. 40 8 3 AN ORDINANCE PARTIALLY UPHOLDING THE DECISION OF THE PLANNING COMMISSION ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO.103-22) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN R-3 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE ON 7.5+ ACRES GENERALLY LOCATED ON THE SOUTHEAST CORNER OF MOUNT VERNON AVENUE AND STATE HIGHWAY 178 to ALLOW A 67,300 SQUARE FOOT COMMERCIAL SHOPPING CENTER AND DENYING THE APPEAL BY RICH/MATZ BAKERSFIELD LLC (FILE # 02-0263) 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 of Mount Vernon Avenue and State Highway 178; and WHEREAS, by Resolution No. 47-02 on June 6, 2002, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change # 02-0263 as summarized below, shown on attached Exhibit "B," and delineated on attached Zoning Map No.103-22 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 PCD # 02-0263 SUMMARY BUILDING SQUARE FOOTAGE Market 55,000 Restaurant A 4,500 Restaurant B with drive-thru 3,000 Restaurant C with drive-thru 3,000 Restaurant D with drive-thru 1,800 TOTAL 67,300 square feet ; and WHEREAS, in accordance to City Council Resolution No. 22-01 relative to General Plan Amendment #P00-0744, the subject property shall be developed pursuant a PCD (Planned Commercial Development); and WHEREAS, Zone Change application #02-0263 has been submitted for consideration as required of City Council Resolution No. 22-01; 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, for the above described project, an initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and approved by the City Council on February 14, 2001, in conjunction with GPA File # P00-0744 and in accordance with CEQA; and WHEREAS, said Negative Declaration is applicable to and appropriate for this project; and WHEREAS, in accordance with CEQA section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified; and WHEREAS, the general plan designation for this area allows commercial development; 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-3 (Limited Multiple Family Dwelling) zone to a PCD (Planned Commercial Development) zone and the Council has considered said findings and all appear to be true and correct; and WHEREAS, Rich/Matz Bakersfield LLC, the applicant, submitted an appeal of the Planning Commission's recommendation in the time and manner as set forth in Section 17.64.090 of the Bakersfield Municipal Code; and WHEREAS, Rich/Matz Bakersfield LLC desired reconsideration of Condition Numbers 1-4 of Planning Commission Resolution No. 47-02 relative to the internal circulation road from Mt. Vernon Avenue to Mall View Road; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Title Seventeen of the Bakersfield Municipal Code, conducted and held a public hearing on WEDNESDAY, June 26, 2002, and continued said hearing to July 31,2002 and August 21,2002, on the above described zone change Case No. 02-0263 WHEREAS, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing as set forth in Title Seventeen of the Bakersfield Municipal Code; and WHEREAS, the City Council has considered and hereby makes the following findings: All required public notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. Pursuant to the California Environmental Quality Act (CEQA) an initial study was prepared for the original project (GPA File # P00-0744) of the subject property and a negative declaration was adopted on February 14, 2001. In accordance with CEQA section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. 4. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to a PCD (Planned Commercial Development) zone. 5. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan and related GPA #P00-0744. 6. The conditions of approval, attached hereto as Exhibit "1" are needed to provide for orderly development, and the public health, welfare and safety; and 7. Pursuant to BMC Section 17.54.070 find that: 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 normal 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. The landscaping requirement adjacent the remnant fight-of-way which parallels Mt. Vernon Avenue is necessary for the public health, welfare and safety. Deny the appeal by Rich/Matz, applicant, and uphold in part the decision of the Planning Commission. 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 approved and adopted for related General Plan Amendment #P00-0744 is adequate. 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. 103-22 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D". 4. The appeal is denied and the decision of the Planning Commission is upheld in part. 5. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A" and as shown on 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 ......... 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 SEP ~.$ Z00Z by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MACGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Council of the City of Bakersfield' APPROVED SF,..P '~$ ?.O0'Z HARVEY L. HALL MAYOR of the City of Bakersfiel¢/ / APPROVED AS TO FORM: BART J. THILT.~EN / , Exhibits: A. Conditions of approval B. PCD Plans and elevations C. Zone Map 103-22 D. Legal Description E. Traffic Engineer Memo with 2 diagrams attached. jeng S:~ZoneChange~z2631cctCC-Ord. wpd September 6, 2002 EXHIBIT "A" ZONE CHANGE (PCD) 02-0263 CONDITIONS OF APPROVAL PLANNING COMMISSION Conditions Modified by City Council: 1 2 3 Require a buffer wall on the south side of the truck well (market loading dock) incorporated to be high enough to mitigate exposure of the apartments to noise in excess of 70 CNEL. At Mall View Road and Fashion Place revise signing and striping as shown on attached Exhibit "E" entitled "Zone Change 02-0236 Required Striping Modification, 5/16/2002". Said revisions shall include marking the lanes such that the number 2 (outside lane) is permitted to go straight or turn left and that the number 1 (inside lane is required to turn left. Pavement arrows, delineation and signing as shown on exhibit shall be installed. (City Traffic Engineer memo, 5/16/02, consisting of 3 pages) a. If the applicant is unable to obtain permission from the owners of mall View road to do the required striping and sign installation, he shall provide evidence of a good faith effort to obtain that permission and its denial. b. Pedestrian linkage shall be provided from Mt. Vernon Ave. along the entry road, by the grocery store to the existing pedestrian way through the Home Depot parking area. c. To accommodate the road widening, the sidewalk may be eliminated east of the first parking lot entrance and landscape areas may be diminished to no less than seven feet. On the main entrance road connecting from Mt. Vernon Avenue extend the second east bound lane and channelize so such that the second lane is continuous all the way into the existing right turn lane at the first north-south parking aisle. At that point the second lane would then become a trap right turn lane. East of that parking aisle would remain unchanged. PLANNING DEPARTMENT: 4 The shopping center shall consist of the following as summarized below and shown on attached Exhibit "B:" PCD ZC #02-0263 BUILDING SQUARE FOOTAGE Market 55,000 Restaurant A 4,500 Restaurant B with drive-thru 3,000 Restaurant C with drive-thru 3,000 Restaurant D with drive-thru 1,800 TOTAL 67,300 square feet ~J~K=JNA~ Exhibit "A" PCD ZC 02-0263 Page 2 Note: GPA PO 1-0744 condition allows a total building square footage of 305,000 square feet for project site and the Home Depot area (City Council Resolution #22-01). The shopping center would total of 239,967 square feet with approval of PCD Zone Change 02-0263 (67,300 sf) and Home Depot and pad (172,667sf). (67,300sf + 172,667sf=239,967 sf) 5 Drive thru speakers shall not be located on the south sides of Restaurants B and C, and shall be oriented away from residential properties. (This condition may require redesign of the building footprint and drive thru configuration for these structures.) Fencing/Walls: 6.1 South boundary adjacent residential zone: Construct a minimum 8-ft high masonry wall on the south boundary of the project site adjacent to the multiple family residential complex. 6.2 North boundary adjacent residential zone: The applicant's request to waive construction of a minimum 6-foot high block wall is approved. Landscaping shall be required as described as listed under "Landscaping" in these condifions. 7 Landscaping. Landscape plan shall be submitted and obtain approval with the final development plan by the Planning Department prior to issuance of a building permit. At a minimum, the landscape plan shall be consistent with BMC Chapter 17.61 (landscaping requirements, such as parking lot shading, species type, number and location of trees) and the following conditions. Also see Site Plan Review Development Services Condition No.11.B.2. 7.1 7.2 West side, along the west and south sides of the remnant frontage road right-of-way (north of the driveway entrance): The developer install a 10-foot wide landscape strip measured from behind the sidewalk along Mt. Vernon Avenue and 10-foot wide landscape area behind curb along the south boundary of the remnant right-of-way. The landscape strip shall terminate at the chain-link fence which CalTrans maintains. If the City Engineer deems it necessary, the developer shall enter into an agreement with the City to address this landscaping within the right-of-way of the frontage road prior to issuance of a building permit. The developer shall install the landscaping and maintain it until such time the City provides notice to use the right- of-way for some other purpose, such as redesign of the on-ramp. The area may be on a separate irrigation system than the shopping center. Developer shall obtain a permit from CaITrans if needed. West side of project site, along the east side of the remnant frontage road right-of- way: The developer install a minimum 10-foot wide landscape strip measured from behind property line along the west side of the frontage road right-of-way. 7.3 jeng /$:\ZONECHANGE\Z263\CC\EXHA.DOC // September6, 2002 West side, south of driveway entrance, along Mt. Vernon Avenue: The developer install a minimuml0-foot wide landscape strip measured from behind the property line along Mt. Vernon Avenue. ')RK~IN~I Exhibit "A" PCD ZC 02-0263 Page 3 7.4 South side of project site: Developer shall install a minimum 7-foot wide landscape strip to extend the length of the southern boundary from the parking lot drive aisle at Mt. Vernon Avenue to the east boundary of the parcel. 8 9 10 7.5 North boundary: Developer shall install a minimum 20-foot wide landscape strip, landscaped per ordinance requirements. Prior to issuance of a building permit, developer shall provide a common access and parking easement encumbering the subject site and the adjacent Home Depot parcel. Easement shall be submitted to the City Attorney and Planning Director for review and approval prior to issuance of a building permit. Developer shall show location and design of shopping cart corrals on the final plan. Internal traffic circulation of the Home Depot retail center shall connect to the internal circulation of the East Hills Mall. (Condition of GPA P0-0744 (Res. If 22-01). Satisfied with construction of Home Depot.) MITIGATION MEASURES Air Quality (Mitigation Measure Source: Air Quality Impact Study Home Depot Commercial Center File # GPA/ZC P00-0744) 11 Mitigation Measures for Construction Equipment Exhaust. The following mitigation measures shall be utilized during the construction phase of the project to reduce construction exhaust emissions: Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions; Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines; Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. Implementation: Prior to and during grading and construction activities appiicantJdeveloper shall assure the City, in writing, that such grading and construction activities are in compliance with the above mitigation measures listed above. Written assurance shall be submitted to the City Building Director. ]eng /$:\ZONECHANGE\Z263\CC\EXHA.DOC // September6, 2002 OF~IGINAI ZC 02-0263 Exhibit "A" Page 4 12 Mitigation Measures for Fugitive Dust Emissions: Construction of the project requires the implementation of control measures set forth under SJVUAPCD Regulation VIII - Fugitive PM,0 Prohibitions. The following mitigation measures, in addition to those required under Regulation VIII, can reduce fugitive dust emissions associated with these projects: Cover all access roads and parking areas with asphalt-concrete paving; Asphalt-concrete paving shall comply with San Joaquin Valley Unified Air Pollution Control District Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials; Use water sprays or chemical suppressants on all unpaved areas to control fugitive emissions; Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions; Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period); Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site; All haul trucks should be covered when transporting loads of soil; Wash off construction and haul trucks to minimize the removal of mud and dirt from the project site. Implementation: At all times during project construction, the applicant/developer shall comply with SJVUAPCD Regulation VIII - Fugitive PM,° Prohibitions and the mitigation measures listed above, and shall assure the City, in writing, that such grading and construction activities are in compliance with SJVUAPCD Regulation VIII - Fugitive PM,° Prohibitions and the above mitigation measures. Written assurance shall be submitted to the City Building Director. 13 Mitigation Measures for Energy Consumption Emissions: This project will be required to comply with Title 24 of the California Code of Regulations regarding energy conservation standards. These requirements, along with the following mitigation measures, should be incorporated into the project design; Use Iow-NO, emission water heaters; Provide shade trees to reduce building cooling requirement; Install energy-efficient and automated air conditioners; Exterior windows should all be double-paned glass; Energy-efficient (Iow-sodium) parking lights should be used; Use EPA approved wood burning stoves, fireplace inserts or pellet stoves in lieu of conventional fireplaces. Implementation: Upon submittal of building plans, such plans shall incorporate Iow-NOx emission water heaters, energy-efficient and automated air conditioners, exterior double- paned glass windows, energy-efficient (Iow-sodium) parking lights and energy-efficient (Iow-sodium) parking lights and shade trees per local ordinance as shown above. Building plans shall be submitted to the Building Department. Building and site plans shall be subject to "site plan review" for review and comment upon application for a building permit to ensure mitigation measures have been satisfied. jeng /S:\ZONECHANGE\Z263\CC\EXHA.DOC // September6, 2002 ZC 02-0263 Exhibit "A" Page 5 SITE PLAN COMPLIANCE LIST 14 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. A copy of the site plan with notes and comments is enclosed. 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. The applicant shall obtain all required approvals from the Kern County Environmental Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for any food handling facility, (ie. market, delicatessen, cafb, concession, restaurant) before building permits can be issued. 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. ]eng /5:\ZONECHANGE\Z263\CC\EXHA.DOC // September6, 2002 ZC 02-0263 Exhibit"A" Page 6 B. DEVELOPMENT SERVICES- PLANNING (staff contact -Dave Reizer 661/326-3673) The minimum parking required for this project has been computed based on use and shall be as follows: Square Parking Required Use Footage Ratio Parking Market (retail) 55,000 sq. ft. 1 space/300 sq. ft. 183 spaces Retail Pad (coffee) w/drive thru 1,800 sq. ft. 1 space/ 75 sq. ft. 24 spaces Drive thru credit -2 spaces Restaurant A 4,500 sq. ft. 1 space/ 75 sq. ft. 60 spaces Restaurant B w/drive thru 3,000 sq. ft. 1 space/ 75 sq. ft. 40 spaces Drive thru credit -4 spaces Restaurant C w/drive thru 3,000 sq. ft. 1 space 75 sq. ft. 40 spaces Drive thru credit -1 space Total Required 340 Spaces (Note: a. b. 354 parking spaces are shown on the proposed site plan. The maximum credit for drive thru lanes is based on 2 spaces for each 44 feet of drive-thru lane behind each window or speaker. Additional parking will be required if restaurants have outdoor seating, or a separate bar/lounge area for patrons.) d. See Planning Dept. Condition# 9 re: location of cart corrals (pg 3). 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 (24' box trees will be required along south boundary as residential area is developed) 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. jeng /S:\ZONECHANGE\Z263\CC\EXHA.DOC // September6, 2002 ZC 02-0263 Exhibit "A" Page 7 (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.) Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A). Illumination shall be evenly distributed across the parking area with tight fixtures designed and arranged so that light is directed downward and is reflected away from adjacent residential properties and streets. Use of glare shields or baffles may be required for glare reduction or control of back light. All light poles, standards and fixtures, including bases or pedestals, shall not exceed a height of 40' above grade. The final building plans shall include a picture or diagram of the light fixtures being used and show how light will be directed onto the parking area. This project provides legal access to the church property north of the project site. Also your project is contained on two parcels. You must provide documentation that required improvements for this project, such as offsite parking or access, is available for the actual lifetime of this project (ie. recorded lease or other instrument) before any building permits can be issued. Note: This property is not part of the parking agreements obtained for the Home Depot development. The existing agreements may need to be modified to include this project. Addressing for the project shall be designated as shown by staff on the returned site plan. These address numbers will be the only addresses assigned by the city unless you wish to have a different address program. Internal unit addresses will be only by suite number and will be the responsibility of the owner or devetoper to assign to each tenant. (It is recommended that you assign suite numbers beginning with 100,200,300, etc. instead of an alphabetic character. If in the future a tenant space is split, you would then be able to assign a number between these numbers which would keep your suites addressed in numerical order. Keeping an orderly numbering system will make it easier for customers, emergency personnel, mai~ delivery to find the business.) 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 witl receive acknowledgment of compliance with Metropolitan Bakersfietd 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 Planning Division). This fee must be paid before any grading or other site disturbance occurs. jeng /S:\ZONECHANGE\Z263\CC\EXHA.DOC // Selgtember6, 2002 ORIGINAl ZC 02-0263 Exhibit"A" Page 8 The applicant shall file with the Planning Division before any building permits are issued a copy of a recorded map or other instrument that ensures that drive aisles, parking, and access is legally shared in common with adjoining properties as depicted on the site plan for the life of the project. 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. 10. Open storage of materials and equipment shall be surrounded and screened with a solid wall or fence (screening also applies to gates). This fence shall be at least 6 feet in height and materials shall not be stacked above the height of the fence. (Note: A tal~er fence is allowed in commercial and industrial zones. A building permit is only required for fences and walls over 6 feet in height.) 11. Areas used for outside storage (does not include vehicle parking areas which are required to be paved), shall be treated with a permanent dust binder or other permanent dust control measures consistent with air pollution control regulations. C. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706) 1. Show on the final building plans the following items: All fire lanes as indicated on the returned plans, or as they may be modified by the Fire Department. Spacing between each sign identifying the fire lane must also be shown on the final plan that meets minimum city standards. The applicant shall install all required fire lane signs before occupancy of any building or portion of any building is allowed. 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: All new fire hydrants must be purchased from the Fire Dept) If the project has fire sprinkler or stand pipe systems. The Fire Department will issue guidelines for connection locations (FDC) when automatic sprinkler and stand pipe systems are required. 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. e. Name and phone number of the appropriate contact person. jeng /S:\ZONECHANGE\Z263\CC\EXHA.DOC // September6, 2002 ©[qI~INA~ ZC 02-0263 Exhibit "A" Page 9 The applicant must request an inspection of any underground sprinkler feeds at least 24 hours before they are buried. The Fire Safety Control Division (1715 Chester Avenue, Suite 300, Bakersfield, CA; Ph. 661/326-3951) must complete all on-site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. The applicant shall show on the final building plans a 20' wide all-weather emergency access as indicated by staff on the returned site plan. The Fire Department must approve the final location and design of this access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. All access (permanent and temporary) to and around any building under construction must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent water ponding. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. If you handle hazardous materials or hazardous waste on the site, the Environmental Services Division may require a hazardous material management plan before you can begin operations. Please contact them at 661/326-3979 for further information. If you treat hazardous waste on the site, the Environmental Services Division may require a hazardous waste "T'ered' permit before you can begin operations. Please contact them at 661/326-3979 for further information. If you store hazardous materials on the site in either an underground or a permanent aboveground storage tank, a permit from the Environmental Services Division is required to install and operate these tanks. The Environmental Services Division may also require a Spill Prevention Control and Countermeasure Plan before you can begin operations. Please contact them at 661/326-3979 for further information. D. PUBLIC WORKS - ENGINEERING (staff contact-Janice Horcasitas 661/326-3576) 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. 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. ]eng /S:\ZONECHANGE\Z263\CC\EXHA.DOC // September6, 2002 ZC 02-0263 Exhibit "A" Page 10 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 861/326-3049 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. A transportation impact fee for regional 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 calculate an estimate of the total fee when you submit construction plans for the project. Conditions required by General Plan AmendmentJZone Change #P00-0744 as follows: Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Submit for the City's review and approval C.C. & R.'s and Property Owner's Association By-Laws for the use and maintenance of all non- dedicated, shared facilities. Among those non-dedicated, shared facilities will be the on-site sewer main lines and laterals and storm drain lines, cross drainage easements and appurtenant facilities. The following traffic mitigation conditions are based on the traffic study by Ruettgers & Schuler Civil Engineers: 16. Future construction of traffic signal at the intersection of Bernard and Haley Streets (County). Pay 7.08 percent as proportionate share of cost of signal based on County estimate of traffic signal cost or an approved engineering estimate provided by the developer/applicant, if a county estimate is not available. ]eng /S:\ZONECHANGE\Z263\CC\EXHA.DOC // September6, 2002 ZC 02-0263 Exhibit"A" Page 11 Future construction of eastbound right turn lane at approach to the intersection of Columbus Street and Mt. Vernon Avenue. Pay 8.84 percent as proportionate share of cost based on an approved engineering estimate provided by the developedapplicant. Future construction of eastbound and westbound right turn lanes at approaches to the intersection of Niles Street and Mt. Vernon Avenue (County). Pay 2.28 percent as proportionate share of cost based on an approved engineering estimate provided by the developedapplicant. The project developer/applicant shall pay project share of Regional Impact Fees from Table 9 in the traffic study calculated as $146,788. A traffic signal on Mount Vernon Ave. to the development/retail was required for a full access opening. The developedapplicant shall participate in a maintenance district for the maintenance of this non- public street intersection traffic signal. E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997) See the traffic study mitigation which are listed above under "Public Works - Engineering" Condition #8.b. Two-way drive aisles shall be a minimum width of 24 feet. If perpendicular (90°) parking spaces are proposed where a vehicle must back into these aisles, the minimum aisle width shall be 25 feet. All drive aisle dimensions shall be shown on the final building plans. Show the typical parking stall dimensions on the final building plans. Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over landscape areas no more than 2¼ feet provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles as required by the Planning Division. F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 66t/326-3114) You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and/or recycled materials. These levels of service are based on how often collection occurs as follows: · Can or cart service -- · Front loader bin service -- · Roll-off compactor service -- jeng /$:\ZONECHANGE\Z263\CC\EXHA.DOC // September6, 2002 1 cubic yard/week or less 1 cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day ORdINaL ZC 02-0263 Exhibit"A" Page 12 Show on the final building plans 4 (four), 10' x 20' inside dimension refuse bin enclosures designed according to adopted city standards (Detail #S-43). Before occupancy of the building or site is allowed, 8, 3 cubic yard front loading type refuse bins shall be placed within the required enclosures. Show on the final building plans 4 (four), 6' x 8' recycling bin locations. Show on the final building plans I (one) compactor roll-off bin location. 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. jeng /$:\ZONECHANGE\Z263\CC\EXHA. DOC // September6, 2002 J~ j! ~]L J - r -I- X f- Z 0 n- Z Z 0 Z n" Z ?,RIGINAL 8 oo o~ 3: X X I.IJ ZONE CHANGE P02-0263 EXHIBIT "D" PCD ZONE CHANGE ~02-0263 (R-3 to PCD) PARCEL C OF LOT LINE ADJUSTMENT NO P01-0372 AS PER CERTIFICATE OF COMPLIANCE RECORDED AUGUST 31,2001 AS INSTRLrMENT NO 0201128194 OF OFFICIAL RECORDS BEING THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOV~'qSItIP 29 SOUTH, RANGE 28 EAST, MDB & M, IN 1'1-112 CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALII:ORN1A, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNIlqG AT THE SO--ST CORNER OF SAID NORTH HALF OF THE SO--ST QUARTER OF THE NORTIBVEST QUARTER OF SAID SECTION 22, SAID POINT IS MARKED BY 2" BRASS DISC STAMPED "KERN COUNTY SURVEY''; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SECTION 22, NORTH 00015'20" WEST 195.38 FEET; THENCE AT RIGHT ANGLES, NORTH 89°44'40' EAST 55.00 FEET; THENCE ALONG THE EAST LINE OF THE WEST 55.00 FEET OF SAID SECTION 22, NORTH 00015'20" WEST 50.00 FEET; TFIENCE AT RIGHT ANGLES, NORTH 89044'40" EAST 48.00 FEET; THENCE NORTH 00°15'29.. WEST 31.06 FEET; THENCE ALONG A NON-TANGENT CURVE TO THE LEFT, FROM WHICH A RADIAL BEARS NORTH 00°15'29" WEST, HAVING A RADIUS OF 193.50 FEET, THROUGH A CENTRAL ANGLE OF 81° 08'IM"' AN ARC DISTANCE OF 274.01 FEET; THENCE ALONG A REVERSE CURVE FROM WHICH A RADIAL BEARS SOUTH 81°23'33" EAST, HAVING A RADIUS OF 221.00 FEET, THROUGH A CENTRAL ANGLE OF 33°22'31'', AN ARC DISTANCE OF 128.73 FEET; THENCE ALONG A COMPOUND CURVE FROM WHICH RADIAL BEARS SOUTH 48°01'02' EAST, HAVING A RADIUS OF 19900 FEET, THROUGH A CENTRAL ANGLE OF 45°36'36'', AN ARC DISTANCE OF 158.41 FEET; THENCE NORTH 87°35'33'' EAST, 134.16 FEET; TItENCE SOUTH 89°51'05' EAST, 1068 FEET; THENCE SOUTH 00°05'12' WEST 41984 FEET; THENCE SOUTH 14034'35'' EAST 206.24 FEET TO THE SOUTH BOUNDARY LINE OF TILE NORTH ItALF OF TItE SO--ST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 22: THENCE ALONG SAID SOUTH BOUNDARY LINE SOUTH 89°19'22" WEST 682 05 FEET TO THE POINT OF BEGINNING. PAGE 1 Of 2 EXHIBIT 'D" PCD ZONE CHANGE f02-0263 (R-3 to PgD) PARCEL D OF LOT LINE ADJUSTMENT NO. P01-0372 AS PER CERTIFICATE OF COMPLIANCE RECORDED AUGUST 31, 2001 AS INSTRUMENT NO. 0201128194 OF OFFICIAL RECORDS BEING THAT PORTION OF THE SOUTHWEST QUARTEK OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.B. & M., IN THE CITY OF BAKERSF~.T.D, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGIHNI2qG AT A POINT ON THE BOUNDAKY LINE OF THE NOP, TH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, SAID POINT BEARS NORTH 89~18'03" EAST, 143.83 FEET FROM THE NORTHWEST CORNER OF SAID NORTH HALF OF THE SOLrrHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG THE NORTH BOUNDARY LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 22, NORTH 89°18'03' EAST, 489.96 FEET; THElqC~ LEAVING SAID NORTH BOUNDARY LINE~ SOUTH 00°05'12" WEST, 41.89 FEET; THENCE, NORTH 89°51'OS' WEST, 10.68 FEET; THENCE, SOUTH 87°35'33' WEST, 134.16 FEET; THENCE, CONTINUING ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 199.00 FEET, THROUGH A CENTRAL ANGLE OF 45o36'36'', AN ARC DISTANCE OF 158.41 FEET; THETNCE, ALONG A COMPOUND CURVE FROM WHICH A RADIAL BEARS SOUTH 48001'02TM EAST, HAVING A KADIUS OF 221.00 FEET, TI~,OUGH A CENTRAL ANGLE OF 33°22'3l', AN ARC DISTANCE OF 128.73 FEET~ THENCE, ALONG A REVERSE CURVE FROM WHICH A RADIAL BEARS SOUTH 81°23'33' EAST, HAVING A RADIUS OF 193.50 FEET, THROUGH A CENTRAL ANGLE OF 81° 08'04" AN ARC DISTANCE OF 274.01 FEET; THENCE, NORTH 00015'29'' WEST 193.50 FEET; THENCE, NORTH 05°27'40" EAST 27.37 FEET; THENC~ CONTINUING ALONG A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 38.UU ' FEET, THROUGH A C~ ANGLE OF 66°48'03'', AN ARC DISTANCE OF 44.30 FEET; THENCE, ALONG A REVERSE CURVE FROM WHICH RADIAL BEARS NORTH 17°44'1T' WEST, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 130°06'16'', AN ARC DISTANCE OF 113.54 FEET; THENCE, NORTH 00042'05" WEST 8.00 FEET TO THE TRUE POINT OF BEGI~INING. PAGE 2 of 2 BAKERSFIELD PUBLIC WORKS DEPARTMENT Traffic Engineering Memorandum EXHIBIT "E' DATE: TO'. FROM: SUBJECT: May 16, 2002 Planning Commisioners Stephen L. Walker, Traffic Engineer Zone Change 02-0263- Additional Condition Home Depot Center, NE Bakersfield At the direction of City Council, staff has performed observations of traffic operations at the new Home Depot Center. Based upon those observations, we recommend two modifications be made to channelization at the site and that the following recommendations be placed as conditions of approval for this zone change. At the intersection of Mall View Road and Fashion Place there are two west bound lanes that feed into one lane wes~ of the intersection and drivers are being confused and making conflicting maneuvers. Revise signing and striping as shown on attached Exhibit A entitled "Zone Change 02-0236 Required Striping Modification, 5/16/2002". Said revisions shall include marking the lanes such that the number 2 (outside lane) is permitted to go straight or turn left and that the number 1 (inside lane is required to turn left. Pavement arrows, delineation and signing as shown on exhibit shall be installed. On the main entrmtce mad connecting from Mt. Vernon Avenue there are presently two east bound entrance lanes with the second lane dropping offapproximately 250 feet from Mt. Vernon Avenue. We recommend that modifications be made to channelization such that the second lane is continuous all the way into thc existing right turn lane at the first north-south parking aisle. At that point the second lane would then become a trap right turn lane. East of that parking aisle would remain unchanged. See attached Exhibit B. PW Memo Files Traffic Engineering File - ZC_02-0263-Home_Depot-expansion.wpd Attachments SLW:BJD:bd S:xWp~,Planning/ZC 024)263 -Home_Depot -expansion.wpd EXHIBIT "E' AirPhotoUSA N S 50 0 50 Feet Exhibit ^ of memo Zone Change 02-0263 Required Striping Modification 5/16/2002 EXHIBIT "E' ~Rtt~iNAL 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 19th day of September , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4083 , passed by the Bakersfield City Council at a meeting held on the 18th day of September 2002 and entitled: AN ORDINANCE PARTIALLY UPHOLDING THE DECISION OF THE PLANNING COMMISSION ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 103- 22) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNClIPAL CODE BY CHANGING THE ZONING FROM AN R-3 (LIMITED MULTIPLE FAMILY DWELLING)ZONE TO PCD (PLANNED COMMERICAL DEVELOPMENT) ZONE ON 7.5 ACRES GENERALLY LOCATED ON THE SOUTHEAST CORNER OF MOUNT VERNON AVENUE AND STATE HIGHWAY 178 TO ALLOW A 67,300 SQUARE FOOT COMMERICAL SHOPPING CENTER AND DENYING THE APPEAL BY RICH/MATZ BAKERSFIELD LLC /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield