HomeMy WebLinkAboutORD NO 3199ORDINANCE NO. 3199
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 MALL
VIEW ROAD APPROXIMATELY ONE-QUARTER MILE
WEST OF OSWELL STREET FROM R-1 (ONE FAMILY
DWELLING) AND C-2 (GENERAL COMMERCIAL) 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 allows 156,109 square feet of
commercial floor area including a department store and three
freestanding retail buildings; 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, 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:
i. That the public necessity, convenience, general wel-
fare and good zoning practice justify the change of zone from R-1
(One Family Dwelling) and C-2 (General Commercial) Zones to a
P.C.D. (Planned Commercial Development) Zone;
2. That the applicant, EAST BAKERSFIELD ASSOCIATES,
intends to start construction within 2-1/2 years from the effec-
tive date of this ordinance;
3. That the proposed planned commercial development
substantially conforms to the General Plan;
4. That a Negative Declaration was duly filed and
posted;
5. That the commercial and professional development
in %~ith the character of the surrounding neighborhood and
community;
6. 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 development, or
will be alleviated by projected improvements and by provisions
for proper entrances and exits, and by internal traffic and
parking~
7. That the development constitutes a harmonious, inte-
grated plan and justifies exceptions from the normal application
of the Bakersfield Municipal Code;
8. That the area proposed for rezoning to a P.C.D. Zone
is in excess of one (1) acre as required by Section 17.54.110 of
the Bakersfield Municipal Code;
9. That the requested changes 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. 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
project.
3. The Preliminary Development Plan 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 are shown on the map hereto
attached and made a part hereof, as follows:
R-1 (ONE FAMILY DWELLING) AND C-2 (GENERAL
COMMERCIAL) ZONES TO A P.C.D. PLANNED
COMMERCIAL DEVELOPMENT) ZONE:
Parcel 6 of Parcel Map 8267 recorded
April 27, 1988, Book 35, Pages 184
through 186 of Maps in the Office of
the Kern County Recorder, City of
Bakersfield, State of California.
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Such zone changes are hereby expressly made subject to
the following conditions:
Provide landscaped mounds undulating to 3 feet in height
along Mall View Road. Mounding design is to retain irri-
gation within the landscaped area. Submit plans for
review and approval by Planning Director.
2 o
In parking lots, provide at least one shade tree for each
six parking spaces placed a maximum of 50 feet intervals
as approved by Planning Director.
3. Provide a comprehensive sign plan for Planning Commission
approval.
Roof equipment is to be mounted at a height not to exceed
height of parapet wall. The equipment may be lowered or
the parapet raised.
o
Submit Final Development Plan for review and approval by
the Planning Commission within eighteen (18) months of
the effective date of the establishment of the P.C.D.
zone and the preliminary development plan in accordance
with Section 17.54.100 of the Municipal Code.
Show on the site plan the proposed landscape areas, to
meet minimum City standards in accordance with Title
17.53.061 as part of plans submitted (as enclosed) for
building permit. A landscape and irrigation plan shall
be submitted to the Planning Department for approval
before Building Department will begin plan check.
Designate a fire lane, per City
the attached site plan. Please
signs to meet City standards.
requirements, as shown on
indicate spacing between
8. Show all fire hydrant locations and required fire flows
on site plan.
9. Grade to be approved by Fire Department.
10.
Show all existing and proposed curbs, gutters, sidewalks,
paving, utility poles, utility easements, fire hydrants,
street lights, sewers, traffic signal devices, etc.
11. Show standard handicap ramps on all returns.
12.
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.
13. Show curb, gutter, and 4.5-foot wide walkable turf on
Mall View Road.
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14.
15.
16.
17.
18.
19.
20.
21.
Street return type approach(es), if used, shall have 20'
radius returns with a 24-foot or wider throat width.
Show typical parking lot layout including space sizes,
aisle widths, standard and compact space locations.
Show two-way drive aisles with a minimum width of 24
feet.
Show two-way parking aisles with a minimum width of 25
feet to provide proper back-up space for right angle
parking.
Show typical parking stall dimensions (8½' x 20'
standard, 7½ x 15' compact) and show which spaces
any) are compact.
(if
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.
Intersecting aisle on main entrances shall be spaced from
Mall View Road at a distance approved by the Traffic
Engineer.
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.
22. Install seven fire hydrant(s) as shown on attached plan
prior to final site plan approval.
23. Provide three copies of the grading plans with two copies
of the preliminary soils report to the Building
Department.
24. The Sanitation Division must be contacted to work out an
alternate solution that will allow safe collection.
(Sanitation)
25.
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.
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26.
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 bar-
riers exist in roadways. Emergency vehicle access must
be reliable at all times.
27. Based upon available information fire flow requirement
may be 3,500 gallons per minute.
All persons required to furnish fire hydrants are hereby
required to purchase the required fire hydrants from the
City of Bakersfield.
28. Post the designated fire lane as required by the City
prior to occupancy of any portion of any building.
29. Provide the Fire Department with one set of approved
water plans prior to the issuance of any building permit.
30. Contact Building Department for any proposed signage.
Review does not include signage. A separate permit is
required for all new signage, including construction
signs.
31. Structures exceeding 10,000 square feet in area shall be
constructed with an automatic fire sprinkler system
throughout.
Show compliance with all handicap requirements as per
State Building Code.
32.
33.
34.
A final soils report shall be submitted prior to issuance
of a building permit.
School district fees will 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 commer-
cial or industrial construction.
35. The developer shall be responsible for providing all
labor and materials to energize all street lights adja-
cent to the site. All street lights SHALL BE energized
prior to occupancy.
36. 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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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 January ~ 1989 , by the
following vote:
A~: COUNCILMEMBERS: CHILDS. OeM(iNO. SMITH. RATTY~ RE'T~,q~N. MC~RM~ ~LV~6~
N~: COU~ILMEMBERS: NO~
ABSENT: COUKILMEMBERS: N~
ABSTAINI~: ~OUNCILMEM~ERS: NO~
CITY CLERK and Ex ~Dfficio Clerk of the
Council of the City of Bakersfield
APPROVED January 18, 1989
MAYOR of the City of Bakersfield
APPROVED as to form:
AJS/pam/meg
Attachments
Exhibit "A"
Map
O ORD 4
ZC.EHILLS1
12/27/88
Bakersfield
ZONE CHAN( E
4808
COLUUBUS
R-I
FREEWAY
P-C-D
,~527
STREET
R-4-D
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C-2
3-D
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R-I
STREE'I'
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SCALE IN FEET
I R-3-D
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, T298, R28E
DUNCAN BUDINGER AS AGENT
FOR EAST HILLS BAKERSFIELD
ASSQC.- 3401 MALL VIEW RD·
From R-1 & C-2 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 25th day of January , 19 89 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3199 , passed by the Bakersfield
City Council at a meeting held on the 18th day of January , 19 89 ,
and entitled: 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 MALL VIEW ROAD APPROXIMATELY ONE-QUARTER MILE WEST OF OSWELL
STREET FROM R-1 (ONE FAMILY DWELLING) AND C-2 (GENERAL COMMERCIAL) ZONE
TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE.
CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk ~.~
NSAOPD