HomeMy WebLinkAboutORD NO 3235ORDINANCE NO. 3235
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 SOUTH
OF FREEWAY 178 APPROXIMATELY ONE-FOURTH MILE
WEST OF OSWELL STREET FROM A P.C.D. (PLANNED
COMMERCIAL DEVELOPMENT) ZONE TO A REVISED
P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE.
WHEREAS, in accordance with the procedure set forth in
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 properties in the
City of Bakersfield hereinafter described; and
WHEREAS, by Resolution No. 21-89 on June 1, 1989, the
Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve a
Revised P.C.D. (Planned Commercial Development) Zone, as deline-
ated on attached map marked Exhibit "B", by this Council and this
Council has fully considered the findings made by the Planning
Commission as set forth in that Resolution; and
WHEREAS, this ordinance amends the zoning of said
property from a P.C.D. (Planned Commercial Development) Zone
to a revised P.C.D. (Planned Commercial Development) Zone to
revise a portion of a regional shopping center to allow the
addition of a major retail department store (Harris) on the
37-acre East Hills Mall site; 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 a hearing 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:
1. That public necessity, convenience, general welfare
and good zoning practice justify the change of zone from a P.C.D.
(Planned Commercial Development) Zone to a Revised P.C.D.
(Planned Commercial Development) Zone;
2. That the applicant, HARRIS DEPARTMENT STORES and
EAST BAKERSFIELD ASSOCIATES, L.P., intend to start construction
within two and one-half years from the effective date of this
ordinance;
3. That the proposed planned commercial development
is consistent with the General Plan of the City of Bakersfield;
4. That a Negative Declaration was duly filed and
posted;
5. That the commercial and professional development
is in character with 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 will not likely be created by the pro-
posed development or will be obviated by presently projected
improvements and by provisions in the plan for proper entrances
and exits and by internal provisions for parking;
7. That the development constitutes a harmonious, inte-
grated plan and justifies exceptions from the normal application
of the Bakersfield Municipal Code (as conditioned in the attached
Exhibit "A").
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 the Negative Declaration.
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 properties are shown on the map marked
Exhibit "B" hereto attached and made a part hereof, as follows:
- 2 -
FROM A P.C.D. (PLANNED COMMERCIAL DEVELOP-
MENT) ZONE TO A REVISED P.C.D. (PLANNED
COMMERCIAL DEVELOPMENT) ZONE:
Parcels 1, 2, and 3 of Parcel Map 8267
recorded April 27, 1988 in Book 35 of
Parcel Maps, Pages 183 through 189, in
the office of the Kern County Recorder.
The foregoing zone changes are subject to the conditions of
development attached hereto as Exhibit "A" and incorporated by
this reference as though fully set forth herein.
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.
.......... 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 June 28, 1989 , by the
following vote:
A~ ~ ANTHONY, l~4'~ ~, SMITH, RATTY, PETEROON, MCO~RMOTT, ~AL.¥AGGIO
NOE~ CQ4~IC Lkl .A ~'~[l~
~.~. ~O~C~ .~one
Assistant CITY CLERK an~,~Ex Officio Clerk or the
Council of th~City of Bakersfield
APPROVED June 28, 1989
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as
AJS/meg ~
00RD 4
ZC. PCD1
6/7/89
to form:
Bakersfield
- 4
EXHIBIT "A"
Zone Change 4876
DISCRETIONARY CONDITIONS:
Landscaping within the proposed 7.0 acre "Harris" parcel
shall be up-graded. Special attention shall also be given
the area around the truck loading facility. The specific
design shall be shown on the final development plans and
approved by the Planning Commission.
to
The applicant shall provide a rendered elevation of the east
and west sides of the proposed store when final development
plans are submitted. Said plans shall be designed to inte-
grate the loading ramp into the project in an aesthetically
compatible manner as determined by the Planning Commission.
3. The parapet of the building shall be at or above the eleva-
tion of the top of any roof mounted mechanical equipment.
"A" CONDITIONS: This category contains conditions that require
specific changes be made to your plans. These plan changes must
be done to your building plans prior to submittal to the Building
Department for a building permit. WARNING, if your plans have
not been corrected, as required, they will be placed on "HOLD"
and ALL plan checking will halt until corrected plans have been
submitted to the Building Department.
Designate a fire lane, per City requirements, as shown on
the attached site plan. Please indicate spacing between
signs to meet City standards or as approved by the fire
marshal.
2. Show proposed connection(s) to a public sewer.
Services)
(Engineering
"B" CONDITIONS: This category contains conditions that require
IMMEDIATE attention. These conditions must be satisfied prior to
submittal of building plans to the Building Department for build-
ing permits. As in the "A" conditions above, if you submit your
plans to the Building Department prior to complying with these
conditions, your plans will be placed on "HOLD" and ALL plan
checking will halt until those conditions are satisf~-~.
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).
(Fire)
Exhibit "A"
Zone Change 4876
Page 2
2. Consult with the Fire Department to determine relocation of
existing fire hydrants· (Fire)
Provide three copies of the grading plans with two copies of
the preliminary soils report to the Building Department.
(Engineering Services and Building)
A landscape and irrigation plan shall be submitted to the
Planning Department and approved before Building Department
will begin plan check. (Planning)
4. The Sanitation Division must be contacted to work out an
alternate solution that will allow safe collection.
(Sanitation)
"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 complying with
each of these conditions is specified in the condition.
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)
2. Post the designated fire lane as required by the City prior
to occupancy 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)
4. Structures exceeding 10,000 square feet in area shall be
constructed with an automatic fire sprinkler system
throughout. (Building)
5. Show compliance with all handicap requirements as per State
Building Code. (Building)
6. A final soils report shall be submitted prior to issuance of
a building permit. (Building)
School district fees will be assessed at the time of
issuance of a building permit. (Building)
Show on plans standpipes as per Chapter 38 of the Uniform
Building Code. (Building)
Exhibit "A"
Zone Change 4876
Page 3
9. Show required exiting of proposed retail space to be inde-
pendent of the existing mall. (Building)
10. The parking required for this project has been computed as
follows:
103,644 sq.ft./300 = 345 spaces required (Planning)
11.
12.
Approved landscaping shall be installed prior to final
building inspection or occupancy of any building. Landscape
inspections are on Fridays. Call Bob Bellman at 326-3733
prior to the Friday you wish your inspection. (Planning)
A sewer connection fee shall be paid prior to issuance of
building permit. The fee will be based on the current
adopted charges at the time of issuance of the building
permit. (Engineering Services)
a
a/zc4876
ZONE CHANGE
4876
EXHIBIT B
COLUMBUS STREET ~ I
R-I I R-4-D I 'C-2
I i
~
HIGHWAY 178
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AF~IDAVIT OF POSTING DOCUMENT~
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
posted on the Bulletin Board at
the following: Ordinance
City Council at a meeting
and entitled:
5th day of July ,, 19 89 she
City Hall, a full, true and correct copy of
No. 3235 , passed by the Bakersfield
held on the 2$th day of June , ].9 89 ,
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ASCENDING
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING
THE LAND USE ZONINQ OF TqOSE CERTAIN PROPERTIES IN THE CITY O~
BAKERSFIELD LOCATED SOUTH OF FREEWAY 178 APPROXIMATELY ONE-FOURTH
MILE WEST OF OSWELL STREET FROM A P.C.D. (PLANNED COMMERCIAL
DEVELOPMENT) ZONE TO A REVISED P.C.D. (PLANNED COMMERCIAL
DEVELOPMENT) ZONE.
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
D~PUTY City Clerk