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Home My WebLink AboutORD NO 3281ORDINANCE NO. '~ 2 8 1 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 THE NORTHWEST CORNER OF REAL ROAD AND WILSON 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 Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission has held a public he~ring 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. 2-90 on December 20, 1989, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a P.C.D. (Planned Commercial Development) Zone, as delineated 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 an R-1 (One Family Dwelling) Zone to a P.C.D. (Planned Commercial Development) Zone for consisting of 61,000+/- square feet of retail sales area; 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 ~ertaining 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 which requires the filing of a P.C.D. (Planned Commercial Development) zone change application; and WHEREAS, an environmental assessment was made of the project, and a Negative Declaration was adopted by the Planning Commission after a public hearing thereon, and all requirements of CEQA have been followed; and WHEREAS, the applicant intends to start construction within two and one-half years from the effective date of this ordinance; and WHEREAS, a Negative Declaration, designated as Exhibit "C", attached hereto and made a part hereof, was duly filed and posted; 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 an R-1 (One Family Dwelling) Zone to a P.C.D. (Planned Commercial Development) Zone; 2. That the proposed planned commercial development substantially conforms to the General Plan of the City of Bakersfield; 3. That the development of a harmonious, integrated plan justifies exceptions from the normal application of this code; 4. That the developer has indicated his intent to future signage to be reflected in a comprehensive sign plan submittal; and limit 5. That the proposed project will not have a signifi- cant adverse effect on the environment. 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. The Negative Declaration is hereby approved and adopted. 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 AN R-1 (ONE FAMILY DWELLING) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE CONSISTING OF 61,000+/- SQUARE FEET OF RETAIL SALES AREA: Parcels 1, 2 and 3 of Parcel Map 517!) in the City of Bakersfield, County of Kern, State of California, as per map recorded August 10, 1979 in Book 23, Page 75 of Parcel Maps in the Office of the County Recorder of said County. Except there- from the west 30 feet of Parcel 1. 5. The foregoing zone changes are subject to the condi- tions of development attached hereto as Exhibit "A" and incorpo- rated 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 .......... - 3 - 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 MAR 7 1990 , by the following vote: AYES; COUNCILMEMBERS: EDWARD% DeMOND. SMITH. BRUNNI, PETERSON, McDERMO'R', SALVAGGIO NOES; COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAE ? 1990 ---- I]LARENCE E. M~DDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORN7 ~h~/City of Bakersfield Attachments Exhibits "A" "B" "C" , & 00RD 4 ZC-PCD.1 /15/90 - 4 - Exhibit A Zone Change 4956 Page 2 · 12. A Parcel Map Waiver shall be recorded to adjust the three existing parcels to comply with city ordinance prior to issu- ance of building permits for Building "C" and "D". No deliveries to the rear entries of businesses occupying Buildings "A" and "B" shall be allowed between the hours of 10 p.m. and 6 a.m., Monday through Saturday and all day Sunday. No automobile repair, maintenance or auto installation ten- ants shall be allowed in this P.C.D. RECOMMENDED SITE PLAN REVIEW CONDITIONS The proposed Site Plan Review conditions are broken into three categories: "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 CORP~ECTLY INDICATED ON THE PLANS SUBMITTED FOR PLAN CHECK. "B" CONDITIONS: This category consists of conditions that must be satisfied before the Building Department will begin checking plans submitted for plan check. "C" CONDITIONS: This category consists of informational notes ~hat 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. "A" CONDITIONS - P~QUIR_ED PLAN CORRECTIONS A fire lane shall be designated per City requirements, as shown on the attached site plan. Spacing between signs shall be indicated to meet City standards. (Fire) 2. All fire hydrant locations and required fire flows shall be shown on site plan. (Fire) 3. All curbs, gutters, sidewalks, paving, utility poles, uti!- ity easements, fire hydrants, street lights, sewers, and traffic signal devices shall be shown as existing or proposed. (Engineering Services) "~"<~ . Zone Change · i:-.-~i~ page 3 4956 _~]4i'~!5~Zi~},~.~.ithat downstr.eam (Real Road) has adequ.ate drainage facilities i~?!i~:'~i~y,l!~j?'~%~ to handle th~s run-off i_ Also,' enlarglng the adjacent.sump .~.".~ ~,~?~[~.]'~j~:,.~%~' to':'the northwest corner can be considered.. (Engineering.:~%-'~ ::~'~:"¢.' .qhow DroDosed'connectzon(s)-to a. publzc sewer.. (Engzne~r~ng · -6.--'-Submit a plan for review and approval ~o provide sewer serv- · ",'?;:'~ ' ;":; ice to each building requir ng sewer service. (E~gineering. """"~ ;~ S errices )'~:..~% ....... ; .,~ ",. ' "' ;~:~-?::,~:?.'=k. 17J? On-site pavlng ~a~ ~gae~ ~fa~"a~ ~ ~:,:?v~.]':.:¢~,.:~ · v by the City ~4.;l.,;L:~.;~ Class, II. A.B., v n ._- - J~,.:-,13]f.:%-=.;, Engzneer.. (Engineering Services) - - ...... ? .'. ' ' ' ' wide) shall be consuruct~d on both .;:'3";%~¢~j~','k,lqi:.~ Real~.,Road ahd on.Wilson Road. :' (Engineering Services) '. - .... ......... ,-¢~ ~ ~h of Wilson Ro~d-and~l-9500 lumen HPSV light' on. ,-=,c:¢~-*',.:;.r.~-"'v;-:-W~son Roae:3o0 wes% o~ Sou,th'Real Road (as shown on map).--r' ,.=.s<~=r.~10.-_ Cons,~,a- standard handicao' ramos on all reuurns. - . ..... . . ., 1!.] Show four, 6' x B refuse -in location(s) as shown cn 12. Show 42' (top-to-nop) wi~e drive approach(es) as indicated on %h- attached plan. Center drive a==roach cn the drive (__= .... En~ineerSn~) aisle. i3. Relosate n~nc!=ap space ~-¢-=_nt to,,scuth an~ c~ Bu4:~4ng B so tlnat dlsable~ ~erscn moves strai~gk~ into building. (Traffic En~ineering) __ ~= =~ least 14. South approach cn west =4de cf Real Road ska!! ~_ -, !50' north cf beginning of curb return. (Traffic Englnee_ lng) ......... ~.~ =-.~- -ON CO!{DITiO-%S F~QUiRING r~u'-~rA'E ---~-'?mr ~ C~-% .... O. S Contact Fire Safety Control Division, 1729-22nd Street, (Fire Prevention Bureau) for fire and safe~y requirements. Provide one (!) set cf building plans showing required plan corrections to Fire Safety Control (Fire Marshal, 226-3951). (Fire) "~hibit ;% Zone Change 4956 Page 4 2'.?: Install four fire. hydrant(s) as shown on attached plan prior '-%.~?<~:%:: o ~ssuance of a building permit. (Fire) ...:.:~ 3.-.: Provide three cop~es of the grading plans-with two copies .:~..:::.::. ~h~ ~rel~m~nary so~ls report to the Building Department.. ' ~::'.:'~::l--.:3.:/(Eng~neering. Services and Building) ; '.'.'.- :._.. .~. -~-..: · ~ A landscape and xrr~gat~on plan shall be'submitted t0 th~ ' .~?.. ~: Planning Department for approval prior to final site plan :~< 3: ::':.: approval.':.. (Planning) '-':~ "C" u:'~' CONDITIONS ~ MISCELL~Eous A~D INFO~TION~ CONDITIONS ??.': f~:?/k!i~'~'~r~'~S ~nd access roads to and a~und any building · "~'-'- ..... under.construction must be at least 20 feet of unobstructed .?~h:' ':~ width and graded to prevent ponding at all times. ,<-::..h~.~; Barricades must be placed where ditches and barriers exist .%:-.%~:j:~:'-;in:roadways. Emergency vehicle access must be reliable at -.i:~ ~'~:~: all7 times. ~: (Fire)v .'~:~.2.:,'3 Ba6ed Upcn'~%:a!!abi~' ~fcrmation fire flow requirement r~ay 'r-/~:~,~} be~3;000 ~allons"par~ minute.' : ..-. ~. :.:. : . .... ~11 ~e~s - ~,~, . ~ ~ ~_ · .... ..- ._ .'. ............ . ........ ~ .... ~-- are here~v · .-"c requzred to ~urchase the recuired fire ' '- ac::''~City of-- ,L =~ ~ - _ . nyc_an~s. from the ..:.. ' =ak-_ s__e_d. (Fire) 3, . Post the desicnated fire lane as recuired Dy the City ~o occupancy cf any portion cf any ' ,~;:~: - (Fire) 4, Provide the Fire Department with one seu Qf approved water plans ~ ~--c_ to the issuance of any Duild[ng =- - p--m_.. 5 Con~act '~: '~'~ - ' c any prc~cse~ si~na~e. - Bu__c_.,= ~eparumen~ f r , _ ~eview does no_ lnciuc= si~na~e, A separaue ~erm[t is r_qufr_' for -: ~ =-- -i_n-~_ i--clu=in~ c~s ~ruc~i cn (~ 21dl..= ) - --' ex__e .... g 10,000 square feeu in area shall be constructed with an automatic fire snrink!er system ~hroughout. (Building) - Show compliance with all handicap requirements as oer State Building ~ ' - - Co__. (Building) A final soils report.shall be s~b ..... em prior to issuance a building Dermir. (Building) School '~ ~' ~ c-s=~lC~ fees will be assessed at the issuance of ~ building permit. (Building) time of of Exhibit A Zone Change 4956 Page 5 ' 10. '~ The address. assigned is for the entire location2 If you :', "~ desire individual pad and lease space addresses s.ubmit two~ '.~,~ · ~ copies of the plot plan (8½" x 14" max.) designating all .. ' ~..?.'..~ "C~3' ~ possible lease areas to this department, 'Attention: .~ Dave ~.~.:~ ....... ~.. Dow. ,, (Planning) .~ · . ~-.'~, ~ - ,~.~ · . ~ -~ . ~ .~ >.~.3Z.}~,[~ll~Ji~ Approved landscaping shall be-installed prior t6~ final ~'J'J~.'}?~.~'~2:?-~-2,'2 building' inspection or occupancy of-any building.j4 Landzcape' ' ~"'." ' , - inspections are on Fridays. Call Bob Bellman at 326-3733 .~. f~}~.¥ prior to the Friday you wish your inspection. (Planning) a~J?~.~3~}?' %2~.~JTh~~ Habitat 'Conservation' Plan fee for %his~ Project' has been ..?.~,il?i,~.D~ ~computed to be $4,148 based on a fee which is now $680 per fee must be paid prior to issuance of a building ...... ,~ ~ permit'i 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 Dermir.~'. (Planning) ~.~-~-~ ~!3~- · Prior to occupancy,' su_ s,a~ca,d _ _ o~-sl~e improvements shall ~.~ . ~3~f-~..~ be reconstructed to city Standards or repaired as directed..- '" -'- .~,.~ ~ .... by.the ' ~' Cz~y Engineer. Call. construction superintendent at -',1~313~'7-~'.~¥~?,-: n26-30D0~to cetermlne extent..". (Engineering Services). P4.~ A sewe- conr. ec,lon zee shall~be paid p~icr to issuance of a -'rrYT~-J.-~l%-? building oermin. The fee' '{~ be w___ based cn the current a~opne~ charges at the time cf issuance of the building permit. (Englneer{ng Services) 15. By reso!u~ion cf ~he City Council all developers of nonresi- dentie! ~roJecns are -=c~-=d to pay a deve!cpment fee for community 'improvements (r~ajcr street improvements) at a rate of SS per vehicle trio g_. _r-t_' by the mroJect. This fee shall be pail prior ~o issuan=e cf a building ~ermit. ( - n_ine_rlnc Services) !6. ~_r-in from the ~'-' ~- -~--- Pam~rnmeSn is r_:q"ir ' ~o =.~ w~rk "~: city right-of-way (street, alley, easement). A copy cf ~he apgrove~ site plan wi~h conditions shall be submitted to the Public Works DePartment at the ~ime cf app!icaticn f r a p_---it. (Engineering ~ervluas) 17. The substandard curb and gutter == the northeast corner cf ....... a__ be replaced ~o correct an exiss±ng drainage oroDiem. (-..~_~.e-,_ng Services) ~- '~= ~ front loading type refuse __ovl__ -our, three cubic v--~ bin(s) on concrete pad(s) per standard ~S-43. (Sanitation) Exhibit A Zone Change 4956 Page 6 19. ~ Facilities' which require grease containment must provide ...... ..~ storage-locatio separate from the refuse bin location. 20.-~..Fac~l~tles~wh~ch partlc~pat in recycling operations shall ~'~2.~13provide~ a%location separate from the refuse containment area >'-'~'~.~?~for such~'activities. (Sanitation)~ "'-~ -' ' ' .... ' ' /' C-2 D c-o ~ R--1 I R--1 I ZONE CHANGE 4956 IVJNQ C-2-D k::"'"""R-1 0 0 _ ~; ORA VISTA A~ENUE I IR-3 I C-2-D I DE SOdZ~' PL R-1 R-~ R-1 ORA ViS-TA AVENUE R-1 R-1 PH~r'F'LE DR/VE .,~ R-1 o 4oo t I 11 ~. F~ " T30S, R27E D 1 A~'-NLE- ~'~ 1 R-1 I I C-2-D R-1 R-5-D C-2-D ROAD DAVID MILAZ. ZD 3700 WILSON ROAD R-1 TO P.C.D. EXHIBIT B NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING Name and address of Sponsor(s) Milazzo & Assoc. 3300 Truxtun Ave., Suite 300 Bakersfield, CA 93301 Location of Project: Roads. NO. 2703 Our File No. 4956 Zone Change of Project: Von Realty Company 618 Michillanda Avenue Arcade, CA 91007 Northwest_corner of Wilson_and Real Description of Project as Dwelling) Zone to a P.C.D. Zone consisting of Proposed: From an R-1 (One Family (Planned Commercial Development) 61,000 +/- square feet of retail sales ~ne undersigned, having considered the matters provided in City Council Resolution No. 107-86, City of Bakersfield does hereby find and determine that the above described project will not have a significant effect on the environment. The Initial Study (refer to Appendices "H" and "I") wkich comprises part of the Negative Declaration, may be inspected at the Office cf the Planning Director at: City Ea!!, !501 Truxtun Avenue: 5akersfie!d, Ca!ifcrnia. Any member cf the public is invized to provide commen~s cn =he proposed action, in writing, on or before ~he 16th day cf November, 1989, a~ the above office. A public hearing for the proposed pro- ject will be held before the Planning Commission cf the City cf Bakersfield at 5:30 p.m., on the 16th day of November, !989~ in the Council Chamber of City Hall to receive input from the public on the proposed Negative Declaration for the proposed project. Dated: October 31, 1989 EXHIBIT C Posted: November' 3, 1989 Planning Dlr,e?.tor AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) 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 12th day of March , 1990 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3281 City Council at a meeting held on the ?th and entitled: , passed by the Bakersfield day of March , 1990 , CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk NSAOPD