HomeMy WebLinkAboutORD NO 3157ORDINANCE NO. 3157 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
LAND USE ZONING OF THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD LOCATED ON THE
NORTHEAST CORNER OF WIBLE ROAD AND PANAMA
LANE FROM A C-1 (LIMITED COMMERCIAL) ZONE
AND AN R-2 (LIMITED MULTIPLE FAMILY
RESIDENTIAL) ZONE TO A P.C.D. (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 has held a public hearing on
a petition to change the land use zoning of that certain property
in the City of Bakersfield hereinafter described; and
WHEREAS, this ordinance amends the zoning of said prop-
erty from a C-1 (Limited Commercial) Zone and an R-2 (Limited
Multiple Family Residential) Zone to a P.C.D. Planned Commercial
Development) Zone; and
WHEREAS, the City Council has determined after due
consideration 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, map
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 an appeal hear-
ing on conditions required for the change of zoning by the
Planning Commission that a zoning change should be authorized; and
WHEREAS, the City Council has considered and hereby
makes the following findings:
That the public necessity, convenience, general welfare
and good zoning practice justify the change of zone from
a C-1 (Limited Commercial) Zone and an R-2 (Limited
Multiple Family Residential) Zone to a P.C.D. (Planned
Commercial Development) Zone;
o
That the applicant intends to start construction
within two and one-half years from effective date of
zone change;
3. That the planned commercial development substantially
conforms to the General Plan;
4. That a Negative Declaration was duly filed and posted.
That the planned commercial development is in with the
character of the surrounding neighborhood and
community;
That the development constitutes a harmonious, integrated
plan and justifies exceptions from the normal application
of the Bakersfield Municipal Code;
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 Bakersfield Municipal Code;
o
That the developer, in lieu of having a specific restric-
tion on office square footage, will maintain a use and
parking summary for the center that will be updated by
the developer upon the change of use of any tenant. The
Planning Department will be provided an updated copy of
the summary each time the developer updates it. The
developer will limit uses in the center according to the
amount of parking available and at no time will allow th~
parking requirement to exceed the 160 spaces provided
within the center. The parking restriction on restaurant
will remain in effect.
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. An environmental assessment was made of the project,
and a Negative Declaration was adopted by the Planning Commission
after a public hearing thereon, and this Council hereby approves
and adopts a Negative Declaration pursuant to CEQA for this pro-
ject.
3. The Preliminary Development Plan with its amended
regulation is incorporated into this Zoning Ordinance by reference
as fully as though set forth herein.
4. 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 certain property in said City,
the boundaries of which property is shown on the map hereto
attached and made a part hereof, as follows:
FROM A C-1 (LIMITED COMMERCIAL) ZONE AND AN
R-2 (LIMITED MULTIPLE FAMILY RESIDENTIAL) ZONE
TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT)
ZONE CONSISTING OF A PROPOSED 6,500 SQUARE
FOOT RESTAURANT AND AN EXISTING 23,448 SQUARE
FOOT NEIGHBORHOOD SHOPPING CENTER ON
APPROXIMATELY 3.4 ACRES.
Parcel 3 of Parcel Map 5356, in the City of
Bakersfield, County of Kern, State of
California, as per map recorded August 31,
1979 in Book 23, Page 95, in the Office of the
Kern County Recorder; and
Parcels 1, 2, and 3 as described in a
Certificate of Compliance recorded April 2,
1985, in Book 5747, Page 2245, in the Office
of the Kern County Recorder.
Subject to all conditions set forth in Exhibit "A" of the Staff
Report for Zone Change 4683, attached hereto and incorporated
herein by this reference, with the following additions, deletions
and amendments to Discretionary Conditions 1-7 set forth on page 5
of said Exhibit "A":
a. Conditions 2 and 3 are deleted.
b. Condition 7.a. is amended to read as follows:
"Hours of operation, including the cocktail
lounge on the mezzanine floor, 7 A.M. to
Midnight, seven days a week. The mezzanine
floor may be open for food service, and
table service of alcoholic beverages in
conjunction therewith, between the hours of
Noon and 4 P.M.; however, no alcoholic
beverages shall be served or sold before
4:00 P.M. except in conjunction with food
service."
c. Condition 7.d. is added to read:
"No amplified music is permitted."
Additionally, Condition No. 8 is hereby added to
the above-referenced Discretionary Conditions to
read as follows:
"8. The most northerly drive access off Fortune
Street to the restaurant site shall be closed
and a drive access to that site shall be provided
off Panama Lane; one of the two drive accesses
off Panama Lane to the portion of the P.C.D. west
of Fortune Street shall be closed off and curbs
and related sidewalk improvements constructed".
Additionally, Condition No. 9 is hereby added to
the above-referenced Discretionary Conditions to
read as follows:
"9. A total of 178 off-street parking spaces
shall be provided and maintained within the
P.C.D."
SECTION 2.
This ordinance shall be posted in accordance with the
City charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
- 4 -
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 April 28, 1988 , by the
following vote:
AYE~;r COUNClLMEMBF_~S' CltlLOS, OeMONO, ~M'I, PATTY,
NOES: COUNCILMENi~ERS McDermott, Salvaggio
ABSENT COUNCILMEMBERS Smith
ABSTAINING; COUNCILMEMBERS None
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
April 28, 1988
MAYOR of the City/of Bakersfield
APPROVED as to form:
CITY ATTORNEY ~the C/~y of ~akersfield
AJS/meg
Attachments
00RD 5
ZC.PCD.A
4/14/88
- 5 -
EXHIBIT A
Zone Change 4683
Staff Report, Page 5
RECOMMENDED DISCRETIONARY CONDITIONS:
The proposed freestanding restaurant(s) shall be required to provide
one space per 100 square feet of net floor area as required under cur-
rent parking standards. The balance of the development shall be
required to provide one space per 200 square feet of gross floor area.
2. The proposed restaurant shall be limited to single story construction.
Serving of alcoholic beverages shall be allowed only in connection with
serving of meals, cocktail lounges, live music, or serving alcoholic
beverages not in conjunction with the service of meals shall be
prohibited.
4. The development shall be limited to the uses as specified on the
attached list titled, "Use Allowed for P.C.D. 4673."
A comprehensive sign plan complimentary and compatible with the neigh-
borhood, shall be approved by the Planning Commission prior to instal-
lation of signs.
A comprehensive landscaping plan complimentary and compatible with the
neighborhood, shall be approved by the Planning Commission.
In regard to the proposed restaurant, staff further recommends the fol-
lowing conditions be adopted:
a. Hours of operation shall be limited to 7 a.m. to 10 p.m., seven
days a week.
b. An eight-foot high wall shall be provided along the north and east
property lines.
c. All mechanical equipment and lighting shall be designed, shielded
and/or directed away from residential zoned property.
RECOMMENDED SITE PLAN REVIEW CONDITIONS:
The proposed Site Plan Review conditions are broken into three categories:
"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 check. THE BUILDING
DEPARTMENT WILL NOT BEGIN PLAN CHECK UNTIL ALL "A" CONDITIONS ARE CORRECTLY
INDICATED ON THE PLANS SUBMITTED FOR PLAN CHECK.
"B" CONDITIONS: This category consists of conditions that must be satis-
fied before the Building Department will begin checking plans submitted for
plan check.
Zoqe Change 4683
Staff Report, Page 6
"C" CONDITIONS: This category consists of informational notes that might
be helpful to you. It also contains conditions that must be satisfied
sometime after plan check is begun. The deadline for coinplying with
each of these conditions is specified in the condition.
"A" CONDITIONS - REQUIRED PLAN CORRECTIONS
1. Show all fire hydrant locations and required fire flows on site plan.
(Fire)
2. Show masonry wall as indicated on attached plan. (Planning)
3. Show proposed connection(s) to a public sewer. (Engineering Services)
Show on-site paving with 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)
5. Show one, 6' x 8' refuse bin location as shown on attached plans.
(Sanitation)
Show 36' (top-to-top) wide drive approach(es) as indicated on the
attached plan. Center drive approach on the drive aisle. (Traffic
Engineering)
Show typical handicap parking space with dimensions of 9'x20' with a
5'x20' unloading zone on either side of space. Two handicap spaces
may share a common unloading zone between them. Handicap spaces shall
be located so that disabled persons are not required to travel behind
any vehicle other than their own. (Traffic Engineering)
"B" CONDITIONS - CONDITIONS REQUIRING IMMEDIATE ATTENTION
Contact Fire Safety Control Division, 1729 - 22nd Street, (Fire
Prevention Bureau), for fire and safety requirements. Provide one set
of plans to Fire Safety Control (Fire Marshal, 326-3951). (Fire)
Install one fire hydrant(s) as shown on attached plan prior to final
site plan approval. (Fire)
Provide three copies of the grading plans with two copies of the pre-
liminary soils report to the Building Department. (Engineering
Services and Building)
A Parcel Map Waiver is required to eliminate old lot lines from the
subject parcel unless you can provide documentation proving that this
parcel was legally created prior to March 4, 1972, and resulted from a
division of land in which fewer than five parcels were created.
(Planning)
Zone Change 4683
Staff Report, Page 7
"C" CONDITIONS - MISCELLANEOUS AND INFORMATIONAL CONDITIONS
All streets and access roads to and around any building under con-
struction 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 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 occu-
pancy of any portion of any building. (Fire)
Contact Building Department for any proposed signage. Review does not
include signage. A separate permit is required for all new signage,
including construction signs. (Building)
Structures exceeding 10,000 square feet in area and/or A2.1 occupancy
shall be constructed with an automatic fire sprinkler system through-
out and shall be so indicated upon building plans submitted for plan
check. Obtain all necessary pe~t~ appro~ for fire sprin~
system with Bakersfield City Fire Department as a part of building
plans for plan check. (Building)
Show compliance with all handicap requirements as per State Building
Code as a part of plans submitted for plan check. (Building)
A final soils report shall be submitted and approved PRIOR to issuance
of a building permit. (Building)
School district fees will be assessed at the time of issuance of a
buildin9 permit at the rate of $1.50 per square fo~ o-"f--~-~t~n~d
space on re~ntial construction and at the rate of $0.25 per square
foot of covered and/or enclosed space on commercial or industrial
construction. (Building)
Obtain all necessary permits and/or approvals from Kern County Health
Department pertaining to handling of all food products
and/or a restaurant as a part of building plans submitted for plan
check. (Building)
Zone Change 4683
Staff Report, Page 8
10.
11.
12.
13.
14.
15.
16.
17.
Approved landscaping shall be installed prior to final building
inspection or occupancy of any building. Landscape inspections are on
Fridays. Call Mike Lee at 326-3733 prior to the Friday you wish your
inspection. (Planning)
The Habitat Conservation Plan fee for this project has been computed
to be $680 based on a fee which is now $680 per acre. This fee must
be paid prior to issuance of a building permit. This fee may change
in the future based on studies being conducted so the actual amount
due will depend on the fee schedule in effect at the time of issuance
of the building permit. (Planning)
Prior to occupancy, sub-standard off-site improvements shall be recon-
structed to City Standards or repaired as directed by the City
Engineer. Call construction superintendent at 326-3050 to determine
extent. (Engineering Services)
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)
By resolution of the City Council all developers of nonresidential
projects are required to pay a development fee for community improve-
ments (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 commu-
nity 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)
If the project generates industrial waste, it shall meet the require-
ments of the Industrial Waste Ordinance. An industrial waste permit
from Public Works Department shall be obtained prior to issuance of
the building permit. To determine the type of waste, contact the
waste water treatment superintendent at 326-3268. (Engineering
Services)
Provide one, three cubic yard, front loading type refuse bin(s) on
concrete pad(s) per standard #S-43. (Sanitation
USES ALLOWED FOR P.C.D. 4683
2.
3.
4.
5.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
served together with and incidental to the serving of
22. Shoestores or shoe repair shops,
23. Stationery stores,
24. Tailor, clothing or wearing apparel shops,
25. Cleaning and pressing establishments using noninflan~mable
nonexplosive cleaning fluids,
Any use allowed in the C-O Zone excluding residential,
Bakeries, employing not more than five persons on premises,
Banks,
Barbershops,
Bookstores,
Confectionery stores,
Dressmaking or millinery shops,
Drugstores,
Dry goods or notions stores,
Electric appliance stores excluding repairs,
Florist shops,
Grocery, fruit and vegetable stores,
Hardware stores,
Ice cream parlors,
Jewelry stores,
Liquor stores,
Meat markets or delicatessen stores,
offices, business or professional,
Photographic shops,
Printing shops conducted primarily on a "while-you-wait" basis,
Restaurants, including the sale of alcoholic beverages when
food,
and
26. Furniture stores,
27. Health studios,
28. Pet shops and small animal veterinary day clinics, wholly within
a building,
29. Radio and television stores,
30. Schools of dancing or musical instruction,
31. Sporting goods stores.
Page 2
Uses Allowed for P.C.D. 4683 (continued)
The above specified store, shops or businesses shall be retail
establishments selling new merchandise exclusively, except used mer-
chandise clearly incidental to the regular business conducted on the
premises, and shall be permited only under the following conditions:
1. Such stores, shops or businesses shall be conducted entirely
within an enclosed building,
2. Products made incidental to a permitted use shall be sold at
retail on the premises,
All public entrances to such stores, shops or businesses
shall be from the principal street upon which the property
abuts or within one hundred feet thereof, except that a rear
or side entrance from the building to a public parking area
may be provided.
Zone Change
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern)
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following: Ordinance
acting and qualified City Clerk of the City
28th day of April , 19 88 she
City Hall, a full, true and correct copy of
No. 3157 , passed by the Bakersfield
City Council at
and entitled:
a meeting held on the 27th day of April , 19~8 ,
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
LAND USE ZONING OF THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD LOCATED ON THE
NORTHEAST CORNER OF WIBLE ROAD AND PANAMA
LANE FROM A C-1 (LIMITED COMMERCTAL) ZONE
AND AN R-2 (LIMITED MULTIPLE FA_~ILY
RESIDENTIAL) ZONE TO A P.C.D. (PLANNED
COMMERCIAL DEVELOPMENT) ZONE.
CAROL WILLIAMS
CITY C~LERK of .the Cit~v of Bakersfield
DEPU~ City ~lerk /
NSAOPD