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HomeMy WebLinkAboutORD NO 3261ORDINANCE NO. 3261 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 AT 13001 STOCKDALE HIGHWAY 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. 29-89 on August 17, 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 for a neighborhood commercial shopping center consisting of a one- story 41,210 square foot building, 3,000 square foot, 2,700 square foot and 3,312 square foot building pads totaling 50,222 square feet; 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 site is designated as Commercial on the Land Use Element of the General Plan subject to specific mitiga- tion required in accordance with City Council Resolution 154-87 previously approving General Plan Amendment 2-87, Segment II, which includes the filing of a P.C.D. (Planned Commercial Development) zone change application; and WHEREAS, the City Council has considered and hereby makes the following findings: and good (Planned (Planned 1. That public necessity, convenience, general welfare zoning practice justify the change of zone from a P.C.D. Commercial Development) Zone to a Revised P.C.D. Commercial Development) Zone; 2. That the applicant, SIMPSON-VANCURREN, to start construction within two and one-half years effective date of this ordinance; INC., intends from the 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: FROM A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A REVISED P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE FOR A NEIGHBORHOOD SHOPPING CENTER CONSISTING OF THREE, ONE-STORY STRUCTURES TOTALING 58,080 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, ~.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 Official 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). - 3 - 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. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regula: meeting thereof held on .0~ ~ 1 ~989 , by the following vote: AYES; COUNCiLMEMBERS: ANTHONY, DeMOND, SMITH, RATTy, PETERSON, McDERMOTT, BALVAGGIO NOES: COUNC~LMEMBER~: ABSENT: COUNCILMEMBERS 'r~(-~ n ~ ABSTAIN: COUNCILMEMBERS: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED OCT I ~. 1989 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTOR~EY//~th~ of Bakersfield AJS/meg Attachments Exhibit "A" & "B" O ORD 4 ZC.PCD.1 9/21/89 EXHIBIT A o EXHIBIT 1 Discretionary Conditions of Approval Zone Change 4900 Prior to occupancy of any structure of any parcel, or recordation of final map, the landscaped median island in Stockdale Highway shall be constructed so that no north to west left turns can be made from any drive approach onto Stockdale Highway. The west end of the median shall be extended either a minimum distance of 50 feet beyond the most westerly approach or to the property boundary, which- ever is farther west. Prior to issuance of a building permit or recordation of a subdivision map or Certificate of Compliance, the applicant shall pay his proportionate share of a landscaped median island in So. Allen Road. Median island to be constructed in $o. Allen Road will limit movements prohibiting east to north left turns. A common access and parking easement shall be recorded for the shopping center site. Prior to approval of final development plans, provisions shall be made for use and maintenance of any common areas, accesses, facilities and landscaping, etc. Said provisions shall be submitted with final development plans for review by the Planning Commission. Maintenance of the on-site sewer system shall be the responsibility of the property owner(s) or association. Any existing utility poles within the realigned area of Stockdale Highway must be relocated at the applicant's expense and must be done in a timely manner to facilitate construction of Stockdale Highway. The applicant/dew~loper shall install three 9,500 lumen high pressure sodium vapor street lights, two to be located on Stockdale Highway at the east ends of the southeast curb returns, one on $o. Allen Road at the south end of the southwest curb return on the northernmost drive approach. The applicant/developer shall pay all costs for furnishing and installing all street light poles, %~ires, conduits, pull boxes, luminaries, etc. The lights shall be energized prior to occupancy of any building. Dependent upon the applicant's/developer's on-site lighting plan and with the City Engineer's approval, this requirement for street light installation may be waived or modified. Exhibit 1 Zone Change Page 2 4900 Revised Parking space requirement shall be calculated for the main building (Building A) at a ratio of I space per 250 gross square feet; and parking of the free-standing building pads shall be calculated separately according to actual use based on the existing parking requirements of the Bakersfield Municipal Code. If the building pads include two or more tenants, then parking shall be calculated at ]_ parking space per 250 gross square feet. Submit detailed landscape and irrigation site plan including landscape median island and complete comprehensive sign plan at time of submitting final development plan to the Planning Commission. All street frontage landscaping shall be installed prior to occupancy of any building of the shopping center. 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 behind the sidewalk along South Allen Road shall be installed. Mounding up to three feet in height with irrigation water retained within the landscaped area may be permitted. Provide trees spaced every 30 feet on center and ground cover over the balance of the landscaped area. Ground cover and shrubs shall be limited in height to assure adequate visibility. 10. Shrub beds and landscaping shall be constructed and installed~ adjacent to the mini-market on the north and east sides. 11. The red tile roof shall be constructed on all sides of the mini-market. 12. The canopy over tbe gasoline pump islands shall be of similar' design and material as the buildings. 13. All applicable General Plan Amendment 2-87, Segment II con- ditions are incorporated into the revised PCD plan and shall apply (attached Exhibit 3). 14. Prior to recordation of a final map or issuance of a build- ing permit, developer shall make provisions to annex into an existing maintenance district or establish a district for maintenance of the median islands. Development shall be responsible for all maintenance district assessments. 15. ]Building "A" shall be reduced in size to provide parking along Building "D" south boundary. Building "D" shall not be used as a restaurant use. p/sr4900el Revised 8/1/89 Revised 8/17/89 EXHIBIT A Exhibit 2 Site Plan Review Conditions Zone Change 4900 "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. 1. Designate a fire lane, per City requirements, as shown on the attached site plan. Please indicate spacing between signs to meet City standards. (Fire) 2. Show all fire hydrant locations and required fire flows on site plan. (Fire) Show the site relative to the section line and realigned Stockdale Highway centerline. Indicate the street widths with proper curb to property line distances. Include the median islands to show restricted access. (Engineering Services) 4. Show on the plan the improvements to be constructed or installed by the applicant for this development, such as; a) how each building will be sewered with connection to a public sewer; b) on-site paving to be at least 2" of type B asphalt concrete over 3" Class II aggregate base or approved equivalent; c) construction of standard concrete curb & gutter, 5.5' wide combination sidewalk, street paving, landscaped median islands, traffic signals; d) construction of handicap ramps at each curb return; e ) dedication of additional right-of-way at the southw.est corner of Stockdale Highway and South Allen Road to allow for construction of standard handicap ramp and traffic signal control appurtenances; and f) elimination of cross gutters at the main entrances. (Engineering Services) Expand bin locations to allow for placement of two refuse bins. Trash bin locations shall be shown on final development plans. (Sanitation) Exhibit 2 Zone Change 4900 Page 2 revised Street return type approach(es), if used, shall have minimum 20' radius returns with a 24' to 30' throat width. (Traffic Engineering) o 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: This category consists of conditions that must be satisfied before the Building Department will begin checking plans submitted for plan check. 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) 2. Install five 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 preliminary soils report to the Building Department. (Engineering Services and Building) 4. Show how site is to be drained. Building) (Engineering Services and Prior to issuance of a building permit on any parcel, a grading and drainage plan for the entire site shall be submitted to and approved by the City Engineer. The drainage plan shall include calculations showing the existing facilities, such as curb & gutter, storm drain lines and structures, and the retention basin, all have the capacity to accept the run-off from this site. (Engineering Services) Because street returns are being used, street drainage be directed through the site, eliminating the need for cross-gutters at the main entrances on both Stockdale Highway and So. Allen Road. (Engineering Services) shall Exhibit 2 Zone Change 4900 Page 3 revised "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 roadwavs. Emergency vehicle access must be reliable at all times. (Fire) 2. 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. (Fire) 3. Post the designated fire lane as required by the City prior to occupancy of any portion of any building. (Fire) 4. Provide the Fire Department with one set of approved water plans prior to the issuance of any building permit. (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 constructed with an automatic fire throughout. (Building) feet in area shall be sprinkler system 7. Show compliance with all handicap requirements as per State Building Code. (Building) 8. A final soils report shall be submitted prior to issuance of a building permit. (Building) 9. School district fees will be assessed at the time of issuance of a building permit. (Building) 10. The parking required for this project has been computed. Stated in the conditions of approval of Zone Change 4900. (Planning) Exhibit 2 Zone Change 4900 revised Page 4 11. 12. 13. 14. 15. 16. 17. 18. The address assigned is for the entire location. If you desire individual pad and lease space addresses submit two copies of the plot plan (8½" x 14" max.) designating all possible lease areas to this department, Attention: Rodney Langston. (Planning) 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) 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 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 ~ee schedule in effect at the time of issuance of the building permit. (Planning) Prior to occupancy of an~ structure on any site within this application, all off-site improvements shall be constructed to City Standards as directed by the City Engineer. (Engineering Services) Prior to issuance of a building permit, a sewer connection fee shall be paid. The fee will be based on the current adopted charges at the time of issuance of the building permit. (Engineering Services) This area is within Assessment District 87-1. Prior to recordation of any subdivision map or Certificate of Compliance, applicable apportionment fees shall be paid. (Engineering Services) By resolution of the City Council all developers of nonresidential projects are required to pay a development fee for community improvements (major street improvements) at a rate of $8 per vehicle trip generated by the project. This fee shall be paid prior to issuance of a building permit. (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) ZONE CHANGE 4900 .129S, R2GE I R-S '~ , R-I R-I R-t R-I EXHIBIT B R-I 0 400 SgALE IN T30S, R26E SIMPSON ¥ANCUREN INC. 13001 STOCKDALE HY. FRO~ PCD TO PCI) AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern) CAROL WILLIAMS, That she is the of Bakersfield; SS. Being duly sworn, duly appointed, and that on the posted on the Bulletin Board at the following: Ordinance City Council at a meeting and entitled: NO. held on the deposes and says: acting and qualified City Clerk of the City 13th day of OctoSer , 19 89 she City Hall, a. full, true and correct copy of 3261 , passed by the Bakersfield 11th day of October , 1!)89 , AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANTING THE LAND USE ZONING OF THOSE CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD LOCATED AT 13001 STOCKDALE HIGHWAY FROM A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A REVISED P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE. /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield NSAOPD D~PUTY City Clerk