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HomeMy WebLinkAboutORD NO 3315ORDINANCE NO. 3 315 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVEI~'-'~N OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN '£~ CITY OF BAKERSFIELD LOCATED AT THE NORTHEAST COPiN~K OF BERNARD ST~R~T AND FASHION PLACE FRO~ 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 hearing on a petition to change the land use zoning of that certain property in the City of Bakersfield hereinafter described and as set forth and designated upon the zoning map No. 103-22; and WHEREAS, by Resolution No. 34-90 on August 16, 1990, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a P.CoD. (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 consisting of 256,000+/- 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 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 vacant site is designated as MC (Major Commercial) on the Land Use Element of the Metropolitan Bakersfield 2010 General Plan which requires the filing of a P.C.D. (Planned Commercial Development) zone change application; and WHEREAS, the original general plan amendment and EIR require approval of a P.C.D. Zone; and ORIGINAL 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, this 23.1 acre site is one phase of a regional shopping center consisting of 105 acres total; and WHEREAS, the applicant intends to start construction within two and one-half years from the effective date of this ordinance; and WHEREAS, the City Council has considered and hereby makes the following findings: 1o 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 development of a harmonious, integrated plan justifies exceptions from the normal application of this code; 3. That the proposed development will constitute a commercial environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighborhood and community; 4. That a stairway facility connecting the Wal-Mart pad to Mall View Road is opposed by the roadway association. 5. That additional street lights are not necessary along New Market Way for health and safety. 6. That the proposed zoning is consistent with the Metropolitan Bakersfield 2010 General Plan. 7. That the project will not have a significant adverse effect on the environment. The findings are based on the following facts: 1. After a preliminary environmental assessment, staff determined the project would not have a significant adverse effect on the environment. A Negative Declaration was posted and advertised January 25, 1990. Said Negative Declaration was approved by the Planning Commission on April 5, 1990 (Resolution 11-90). 2. The general plan designation for this area allows regional commercial development approved as a P.C.D. zone. 3. The conditions of approval will ensure the development is consistent with the general plan. 4. The conditions of approval will ensure the project will blend well with the neighborhood. 5. The applicant intends to provide sidewalks on both New Market Way and Fashion Place, south of their entrance ways to Bernard Street. 6. Sidewalk exists on the east side of New Market Way, between Mall View Road and Bernard Street. 7. Adequate lighting exists along New Market Way. 8. Areas where additional sidewalks and a stairway are required are controlled by the East Hills Roadway Association. NOW, Tkn~KEFORE, 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 C0~KCIAL DEVELOPMENT) ZONE CONSISTING OF 256,000+/- SQUARE ~'~'£ OF RETAIL S~T.R.~ Parcel 8 of Parcel Map 8267 in the City of Bakersfield, County of Kern, State of California, as per map recorded April 27, 1988, in Book 35, pages 183 through 189 of Parcel Maps in the Office of the County Recorder of said County. 5. 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. .......... O00 .......... I HE~RmY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~£P 1 9 19§0 , by the following vote: AYES; COUNCILMEMBERS: EOWARDS, peMOND, SMITH, BRUNNI, NOES; COUNCILMEMBERS: ~A]6 PETERSON, McDERMOTT, SALVAGGIO ABSENT COUNCILMEMBERS: ¢A/~ ABSTAIN COUNCILMEMBERS' ~/'~/Jc Ex Officio Clerk of the Council of the City of Bakersfield APPROVED $EP 1 9 1990 CLAR]~NCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City ~Bakersfield AJS/meg Attachments - Exhibit "A" Exhibit "B" ZC-ORD\ ZC-PCD.O 8/29/90 EXHIBIT A RECOMMenDED DISCRETIONARY CONDITIONS Trip generation fees will be assessed on the square footage in excess of 205,750 square feet (39,590 sq.ft.). Fees for 9,590 square feet are due at issuance of first building permit on the project site. Fees for 30,000 square feet shall be paved at building permit for the area designated on the approved plot plan as Wal-Mart Future Expansion. Fees are to be paid at the rate in effect at the time of permit issuance. Submit Final Development Plans to the Planning Department within 18 months for approval by the Planning Commission. A comprehensive sign plan shall be submitted for approval as a portion of the Final Development Plan. A Landscape and Irrigation Plan shall be submitted for approval as a portion of the Final Development Plan. The landscape plan shall include planters and trees along the building frontages, and buffering of the back sides of the buildings as discussed on Page 3 of the Staff Report and illustrated on the amended project plan. The area designated as "Future Expansion" shall be landscaped, or enclosed until expansion occurs. Proposed enclosures shall be designed with 10 feet of landscaping around their outside perimeter. Treatment of expansion areas shall be shown on final development plans. Roof equipment is to be mounted at a height not to exceed the height of the parapet wall. Light and glare shall not be directed off site, and shall meet the approval of the Building Director. Areas shown on Phase 2 shall include temporary curbing or other treatment acceptable to the Planning Director. Dust binder shall be applied and maintained on portions of Phase 2 area shall be shown on final development plans. O~I~INAL Exhibit A ZC 4975 Page 2 of 5 9. Provide for bus access according to the following: Renegotiate the bus access agreement with Hahn Company to allow bus access and routing on New Market Way thus allowing bus entrance to the site from the west side (Fashion Place) and exiting onto New Market Way. This option would require the developer to reinforce the paving to standards required for buses from the entrance at Fashion Place, along the main access in front of the buildings, and continuing through the exit onto New Market Way, and along New Market Way from the exit to Bernard Street and across New Market Way to the parcel on its east side. Two bus turn-outs for passenger pick-up and drop-off shall be provided, as approved by the City Traffic Engineer, on site. One of the turn-outs shall be located in the Wal-mart store vicinity during phase one, and the other will be on the east side with the development of phase two. "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 DKPART~ENT WILL NOT BEGIN PLAN CHECK URTIL ALL "A" CONDITIONS ARE CORRECTLY INDICATED ON THE PLANS SUBM/'ri'~.,~ FOR PLAN CHECK. 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) 3. Show standard handicap ramps on all returns. Services) (Engineering 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. (Engineering Services) Construct a 5.5' concrete sidewalk to city standards on the east side of Fashion Place from Bernard Street to the Wal- Mart access and on the west side of New Market Way from Bernard Street to the Wal-Mart access. In addition, construct a 5.5' concrete sidewalk to city standards or such lesser width as may be approved by Public Works on the east side of Fashion Place from the Wal-Mart access to Mall View Road. Exhibit A ZC 4975 Page 3 of 5 $1how typical handicap parking space with dimensions of 9'x18' with a 5'x18' 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 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) The Sanitation Division must be contacted to work out an alternate solution that will allow safe collection. (Sanitation) 5. Show the design of facilities to accommodate bus traffic and stops. (Traffic Engineering) "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. 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) Exhibit A ZC 4975 Page 4 of 5 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) 6. Structures exceeding 10,000 square feet in area shall be constructed with an automatic fire sprinkler system throughout. (Building) 7. Provide fire resistive wall construction details for exterior walls of buildings at property line. (Building) 8. Show compliance with all handicap requirements as per State Building Code. (Building) 9. A final soils report shall be submitted prior to issuance of a building permit. (Building) 10. School district fees will be assessed at the time of issuance of a building permit. (Building) 11. 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: Dave Dow. (Planning) 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) 13. Prior to occupancy, sub-standard off-site improvements shall be reconstructed to City standards or repaired as directed by the City Engineer. Call construction superintendent at 326- 3050 to determine extent. (Engineering Services) 14. The developer shall be responsible for providing all labor and materials to energize all street lights adjacent to the site. All street lights SHALL BE energized prior to occupancy. (Engineering Services) Exhibit A ZC 4975 Page 5 of 5 15. 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. (Engineering Services) 16. 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) 17. Traffic signal at Bernard Street and Fashion Place should be operational prior to occupancy. (Traffic Engineering) a:res4975.1 R-5 ZONE CHANGi::: 4975 R-1 R--4-D EXHIBIT B F~'HWAY 17~ P.C.D (PRfVATE) P.C.D. J R-1 R-1 ~T o 4.00 22 ~;LgS, R28E PHILLIP R-1 'DD P.C.D. 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 1st day of October , 19 90 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3315 , passed by the Bakersfield City Council at a meeting held on the 19th day of September , 19 90, and entitled: CAROL WIL-LIAMS CITY CLERK of the City of Bakersfield DfPUTY City Clerk NSAOPD