HomeMy WebLinkAboutORD NO 3195ORDINANCE NO. 3195
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
SOUTHWEST CORNER OF STOCKDALE HIGHWAY AND
SOUTH ALLEN ROAD FROM AN R-1 (ONE FAMILY
DWELLING) 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 those certain proper-
ties in the City of Bakersfield hereinafter described; and
WHEREAS, this ordinance amends the existing land use zon-
ing from an R-1 to P.C.D. to allow the construction of a total of
60,880 gross square feet, and two, one-story freestanding pads of
4,800 gross square feet, and 5,500 gross square feet of floor
space; 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 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:
That the public necessity, convenience, genera]_ welfare
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;
That the applicant, HERB HULL, intends to start construc-
tion within two and one-half (2-1/2) years from the
effective date of the zone change;
3. That the commercial development substantially conforms
to the General Plan;
.5.
That a Negative Declaration was duly filed and posted.
That the commercial and professional development is in
with the character of the surrounding neighborhood and
community;
That this type of development is needed at this location
to provide adequate commercial facilities of this type;
that traffic congestion is not created by the develop-
ment, or will be alleviated by projected improvements andl
by provisions for proper entrances and exits, and by
internal traffic and parking;
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;
Within 18 months of effective date of establishment of
P.C.D. Zone and preliminary development plan, a final
development plan shall be submitted.
10. The provisions of CEQA have been followed.
11. All required public notices have been given.
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.
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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 ma~ hereto
attached and made a part hereof, as follows:
FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A
P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE
FOR A NEIGHBORHOOD SHOPPING CENTER CONSISTING
OF THREE, ONE-STORY STRUCTURES TOTALING 60,880
GROSS SQUARE FEET:
Being a certain parcel of land situated in a
portion of the northeast quarter of Section 2,
Township 30 South, Range 26 East, M.D.B.&M.,
in the City of Bakersfield, County of Kern,
State of California and more particularly
described as follows:
Beginning at the northeast corner of said
Section 2;
THENCE (1) South, along the East line of the
Northeast Quarter of said Section, a distance
of 524.41 feet to the North line of Tract No.
4445 Unit "A" recorded in Book 34, Pages 153
and 154 of Official Records of said County;
THENCE (2) West, along the North line of said
tract, a distance of 658.12 feet to a point in
the East line of Tract No. 4444 Unit "A"
recorded in Book 34, Pages 146, 147 and 148 of
O~ficial Records of said County;
THENCE (3) North, along last named East line
and its Northerly extension, a distance of
525.00 feet to a point in the North line of the
Northeast Quarter of said Section 2;
THENCE (4) East, along the North line of the
Northeast Quarter of said Section 2, a distance
of 658.12 feet to the True Point of Beginning.
EXCEPTING THEREFROM any portion thereof of
Stockdale Highway right-of-way lying therein;
ALSO EXCEPTING THEREFROM the East 55.00 feet
thereof (Allen Road right-of-way).
the
Such zone changes are hereby expressly made subject to
following conditions:
RECOMMENDED DISCRETIONARY CONDITIONS OF APPROVAL
Parking space requirement shall be calculated for the main
building (Building A) at a ratio of 1 space per 250 gross
square feet; and parking for the freestanding satellite pads
shall be calculated separately according to actual use based
on Section 17.58.020 of the Bakersfield Municipal Code. If
the satellite buildings include two or more tenants, then
parking shall be calculated at 1 parking space per 250 gross
square feet.
Median island along Stockdale Highway shall be fully
landscaped, including automatic irrigation system.
Detailed landscape and irrigation site plan including land-
scape median island and comprehensive sign plan shall be sub-
mitted at time of submitting final development plan to the
Planning Commission. All landscaping shall he installed
prior to occupancy of any building.
Applicant shall install and maintain a minimum 25-foot wide
landscaped area behind the sidewalk along Stockdale Highway.
A minimum 20-foot wide landscaped area shall be installed
behind the sidewalk along South Allen Road. Applicant shall
include undulating mounding to three feet in height with
irrigation water retained within the landscaped area.
Trees spaced every 30 feet on center and ground cover over
the balance of landscaped area shall be provided. Ground
cover and shrubs shall be limited in height to assure ade-
quate visibility.
SITE PLAN REVIEW CONDITIONS
"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.
A fire lane shall be designated, per City requirements, as
shown on the site plan. Applicant shall indicate spacing
between signs to meet City standards.
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11.
12.
Applicant shall show all fire hydrant locations and required
fire flows on site plan.
Applicant shall show all existing or proposed curbs, gutters,
sidewalks, paving, utility poles, utility easements, fire
hydrants, street lights, sewers, traffic signal devices, etc.
Standard handicap ramps shall be shown on all returns.
Proposed connection(s) to a public sewer shall be shown.
Applicant shall show on-site paving with a minimum of 2"
B, A.C. over 3" Class II A.B., or paving equivalent as
approved by the City Engineer.
Type
Applicant shall show the site relative to the section line
and realigned Stockale Highway centerline, and include the
median island to show restricted access.
Applicant shall install two, 9,500 lumen HPSV street lights
to be located on Stockdale Highway at the east end of the
southeast curb return of the first entrance with Allen Road
and on Allen Road at the south end of the southwest curb
return at the second entrance south of Stockdale Highway.
Five, 6' x 8' refuse bin locations shall be as shown on the
site plan.
Typical handicap parking space with dimensions of 9'x20' with
a 5'x20' unloading zone on either side of space shall be
shown. Two handicap spaces may share a common unloading zonE?
between them. Handicap spaces shall be located so that dis-
abled persons are not required to travel behind any vehicle
other than their own.
Alignment of Stockdale Highway shall meet current city
design. Bus turnout may be required. Consult Golden Empire
Transit.
East to south right turn lane shall be installed on
Stockdale at Allen.
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"B" CONDITIONS: This category consists of conditions that must
be satisfied before the Building Department will begin checking
plans submitted for plan check.
Applicant shall contact Fire Safety Control Division,
1729-22nd Street, (Fire Prevention Bureau) for fire and
.safety requirements. Provide one (1) set of building plans
showing required plan corrections to Fire Safety Control
(Fire Marshal, 326-3951).
2. Applicant shall install five fire hydrant(s) as shown on
the site plan prior to final site plan approval.
Applicant shall provide three copies of the grading plans
with two copies of the preliminary soils report to the
Building Department.
4. Applicant shall show how site is to be drained.
"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 dead-
line for complying with each of these conditions is specified in
the condition.
All streets and access roads to and around any building
under construction shall be at least 20 feet of unobstructed
width and graded to prevent ponding at all times. Barricades
shall be placed where ditches and barriers exist in roadways..
Emergency vehicle access shall be reliable at all times.
2. Based upon available information fire flow requirement may
be 3,500 gallons per minute.
All persons required to furnish fire hydrants shall purchase
the required fire hydrants from the City of Bakersfield.
3. Applicant shall post the designated fire lane as required by
the City prior to occupancy of any portion of any building.
Applicant shall provide the Fire Department with one set of
approved water plans prior to the issuance of any building
permit.
Applicant shall contact Building Department for any proposed
signage. A separate permit is required for all new signage,
including construction signs.
10.
11.
12.
13.
14.
15.
16.
Structures exceeding 10,000 square
constructed with an automatic fire
throughout.
feet in area shall be
sprinkler system
Applicant shall show compliance with all handicap require-
ments as per State Building Code.
A final soils report shall be submitted prior to issuance of
a building permit.
School district fees shall be assessed at the time of
issuance of a building permit at the rate of $0.25 per
square foot of covered and/or enclosed space on commercial
or industrial construction.
The address assigned is for the entire location· If appli-
cant desires individual pad and lease space addresses, it
shall submit two copies of the plot plan (8½" x 14" max.)
designating all possible lease areas to the Planning Depart-
merit, Attention: Rodney Langston.
Approved landscaping shall be installed prior to final
building inspection or occupancy of any building.
The Habitat Conservation Plan fee for this project has been
computed to be $4,080 based on a fee which is now $680 per
acre. This fee shall 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 build-
ing permit.
Applicant shall pay proportionate share for the construction
of a landscaped median island in Allen Road prior to issuance
of a building permit.
Prior to occupancy, all off-site improvements shall be con-
structed to City Standards as directed by the City Engineer.
The developer shall be responsible for providing all labor
and materials to energize all street lights adjacent to the
site. All street lights SHALL BE energized prior to
occupancy of any building.
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.
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17.
18.
19.
20.
By resolution of the City Council all developers of nonresi-
dential projects are required to pay a development fee for
community improvements (major street improvements) at a rate
of $7.50 per vehicle trip generated by the project. This
fee shall be paid prior to issuance of a building permit.
A permit from the Public Works Department shall be obtained
prior to any work within City right-of-way (street, alley,
easement). A copy of the approved site plan with conditions
shall be submitted to the Public Works Department at the
time of application for a permit.
If the project generates industrial waste, it shall meet the
requirements of the Industrial Waste Ordinance. An indus-
trial waste permit from Public Works Department shall be
obtained prior to issuance of the building permit.
Applicant shall provide five, three cubic yard, front loading'
type refuse bin(s) on concrete pad(s) per standard #S-43.
SECTION 2.
This ordinance shall be posted in accordance with the
City charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
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I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on December 14, 1988 ___, by the
following vote:
AYES: COUNCJLMEMPER$: CHILDS, OeM~iNO~ S~l'!,m'~W r'E~qsoN, McDERMO~ ~J,~LVA~iO
NOES: COUNCILMEMbERS None
~SENT: COUNCILMEk~BERS _.~.R~tty
~STAINING: COUNCILM[MS~R:~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED December 14, 1988
MAYOR of the City o; B~rsfield
APPROVED as to form:
AJ S/meg
O ORD 4
ZC. PCD. 1
11/18/88
of Bakersfield
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EXHIBIT C
ZONE CHANGE
48O9
R-I
3~
T2@S, R2GE
0 400
I 'SCAL£ IN F[ET
HERB HULL
13001 STOCKDALE HIGHWAY
From R-1 to PCD
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, acting and qualified City Clerk of the City
of Bakersfield; and that on the 21st day of December , 19 88 she
posted on the Bulletin Board at City Hall,
the following: Ordinance No.
City Council at a meeting held on the
and entitled:
a full, true and correct copy of
3195 , passed by the Bakersfield
14th day of December , 19 88 ,
AN ORDINANCE OP 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
SOUTHWEST CORNER OF STOCKDALE HIGHWAY AND SOUTH ALLEN
ROAD FROM AN R-1 ZONE FAMILY DWELLING) ZONE TO A P.C.D.
(PLANNED COMMERCIAL DEVELOPMENT) ZONE.
CAROL WILLIAMS
CITY CLERK of th~ City ~f Bakersfield
DEPUTY it[~le/ k
NSAOPD