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
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EXHIBIT B
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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