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
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ZONE CHANGi:::
4975
R-1
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EXHIBIT B
F~'HWAY 17~
P.C.D
(PRfVATE)
P.C.D.
J
R-1
R-1
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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