HomeMy WebLinkAboutORD NO 3348ORDINANCE NO. 3348
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 122-02 BY CHANGING THE LAND USE
ZONING FOR PROPERTIES LOCATED AT 13001
STOCKDALE HIGHWAY FROM A P.C.D. (PLANNED
COMMERCIAL DEVELOPMENT) ZONE TO A 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 AND
3,312 SQUARE FOOT BUILDING PADS TOTALING
47,522 SQUARE FEET.
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. 4-91 on FeDruary 7, 1991, 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 maid
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 and 3,312
square foot building pads totaling 47,522 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 Metropolitan Bakersfield 2010 General
Plan; and
WHEREAS, the City Council has considered and hereby
makes the following findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. The project will not have a significant adverse
effect on the environment.
4. The proposed use is deemed essential or desirable to
the public convenience or welfare.
5. Within 18 months of effective date of establishment
of PCD zone and preliminary development plan, a final development
plan shall be submitted.
6. That public necessity, convenience, general welfare
and good zoning practice justify the change of zone from a P.C.D.
(Planned Commercial Development) Zone to a P.C.D. (Planned
Commercial Development) Zone.
7. That the applicant, MILAZZO & ASSOCIATES, intends
to start construction within two and one-half years from the
effective date of this ordinance.
8. That the proposed planned commercial development
is consistent with the General Plan of the City of Bakersfield.
9. That a Negative Declaration was duly filed and
posted.
10. That the commercial and professional development
is in harmony with the character of the surrounding neighborhood
and community.
11. 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 traffic and parking.
12. 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").
13. NO evidence was presented before the City of
Bakersfield that indicated significant impacts on wildlife
resources could occur as a result of the project.
and has
mercial
14. The project area is surrounded by urban development
been graded in association with previously approved com-
and residential projects.
15. The project must adhere to the provisions of
Metropolitan Bakersfield Habitat Conservation Plan (MBHCP)
mitigation provisions and associated advisory notice.
the
WHEREAS, the above findings are based on the following
facts:
1. After a preliminary environmental assessment, the
staff determined the project would not have a significant
adverse effect on the environment. A Negative Declaration
was posted and advertised January 17, 1991.
2. The conditions of approval would ensure the project
will blend harmoniously into the neighborhood.
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
into this zoning ordinance by reference as fully
forth herein.
incorporated
as though set
4. Within 18 months of effective
of PCD, and preliminary development plan,
plan shall be submitted.
date of establishment
a final development
5. 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 on Map No. 122-02 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 P.C.D. (PLANNED COMMERCIAL
DEVELOPMENT) ZONE FOR A NEIGHBORHOOD SHOPPING
CENTER CONSISTING OF THREE, ONE-STORY STRUCTURES
TOTALING 47,522 GROSS SQUARE FEET:
Parcel B of Parcel Map 9105 recorded February
27, 1990, in Book 4, Pages 8 and 9 in the
Kern County Recorder's Office.
tions of
rated by
6. The foregoing zone changes are subject to the condi-
development attached hereto as Exhibit "A" and incorpo-
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 regular
meeting thereof held on MAR 2 ? 199! __, by the
following vote:
AYES; COUNCILMEMBERS: EDWARD~.peMOND, SMITH, BRUNNI, PETERSON, McDEBMOTF, SALVAGGIO
NOES: COUNCILMEMBERS: ,~'~A/d~ .
ABSENT COUNCILM~MSERS: /V'~,~./~'
ABSTAIN: COUNCILMEMBERS' /y'O,~',E
CITY e
Council of the City of Bakersfield
APPROVED
MAR 2 7 1991
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to ~orm:
CITY ATTORNEY of the City of Bakersfield
LCM/meg
Attachments
Exhibit
Exhibit
00RD 4
ZC.PCD.1
3/6/91
- 5 -
EXHIBIT "A"
Conditions of Approval
Zone Change 5112
10.
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.
Parking requirements shall be one space per 200 square feet
of gross floor area up to and including 35,000 square feet,
plus an additional one space per 250 square feet of gross
floor area in excess of 35,000 square feet. Freestanding
satellite pads such as fast food restaurants or banks shall
be computed separately unless satellite buildings contain
two or more tenants. Minimum stall size shall be 18 feet
deep and a foot wide.
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.
Building "D" shall not be used as a restaurant use.
Hours of operation in Building "A" (main building) shall be
from 7 a.m. to 9 p.m., seven days per week. (GP)
Building "A" shall be limited to those uses allowed under
C-1 (Limited Commercial) zoning as listed which do not
require a conditional use permit. (GP - General Plan
Amendment 2-87, Segment II)
No use occupying Building "A" shall be operated in such a
manner as to be deemed a nuisance or detrimental to adjacent
residences. (GP)
An ice cream parlor may be allowed to locate in Building "A"
if such use is not operated in a manner deemed a nuisance to
adjacent residential. Trash and litter generated from said
use will be disposed in closed plastic bags or similar
closed container so as not to emit unpleasant odors, attract
pest and vermin or be visually unpleasant. (GP)
The two
allowed
ized by
satellite pads shall be limited to those uses
under C-2 (Commercial) zoning as specifically item-
the Planning Commission. (GP)
Restaurant uses shall be limited to locate on satellite
pads. (GP)
Exhibit
Zone Change 5112
Page 2
11.
12.
13.
14.
15.
16.
17.
18.
All lights (indoor and outdoor) shall be limited in mounting
height and shielded away from residential uses in order to
protect residential privacy and create the least social and
psychological disturbance/stress to adjacent residents.
(GP)
Lighting on the south and west elevation shall not shine
down into adjacent yards of single family residences. (GP)
Only limited and temporary outside storage of incidental
materials (e.g., associated with home improvement business)
which do not constitute a nuisance that may be detrimental
to properties in the neighborhood or to the welfare of the
occupants shall be allowed and only on west side of service
alley located behind Building "A"; allowed use would be
drive-through customer pickup service; provided such storage
is in an area screened from public view and fenced not less
than six feet or higher than eight feet in height and such
items shall not be stored higher than or extended above such
fence.
With the site plan application, any proposed use intending
to exercise outside storage conditions must submit a state-
ment to the Planning Department describing materials/items
to be stored. After site plan approval, no business shall
engage in outside storage without first submitting such a
statement to the Planning Director. The Planning Director
shall review and determine if the proposed items to be stored
outside are within the intent of said conditions.
Discrepancies or disputes may be reviewed and acted upon
before the Planning Commission as appropriate. (GP)
Buildings shall be limited to single-story structures. (GP)
Trash and garbage pickup shall be a minimum of three times
per week. Trash pickup time shall be arranged to occur
between 7 a.m. and 9 p.m. on any day. (GP)
Evergreen trees shall be planted and maintained along the
south and west property lines to provide a minimum 12-foot
high screen at tree maturity. (GP)
A waiver of direct access rights to Stockdale Highway and to
Allen Road, except at specific locations approved by the
Traffic Authority is required. (GP)
This site is within Assessment District 87-1 and all assess-
ments shall be the responsibility of the property owner.
(GP)
Exhibit
Zone Change 5112
Page 3
19.
20.
So. Allen Road shall be improved as authorized by the City
Engineer and as previously approved with Tract 4445. (GP)
No left turn access will be allowed from project ~ite onto
Stockdale Highway traveling westbound. No left turn access
will be allowed from westbound Stockdale Highway into pro-
ject site. All left turn activity shall be limited to traf-
fic signal at Stockdale Highway and So. Allen Road. (GP)
21. Access to and from So. Allen Road shall be reviewed by, and
subject to approval by, the City Traffic Engineer. (GP)
22.
Within 30 days of zone change approval by the City ~Council,
developer shall apply dust binder to the project site. The
surface Of the site shall be maintained with dust binder
until the area is covered with construction associated with
PCD approval.
p/ea5112
Exhibit "A"
Zone Change 5112
Page 4
Site Plan Review Conditions
Zone Change 5112
"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.
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; and
~)
On-site paving to be at least 2" of Type B asphalt
crete over 3" Class II aggregate base or approved
equivalent. (Engineering Services)
con-
Expand bin locations to allow for placement of two refuse
bins. Trash bin locations shall be shown on final develop-
ment plans. (Sanitation)
Show typical handicap parking space with dimensions of
9'x18' with a 5'x18' unloading zone on passenger 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 vehi-
cle other than their own. (Building Department)
Exhibit "A"
Zone Change 5112
Page 5
"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)
"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 dead-
line for complying with each of these conditions is specified in
the condition.
211 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
required to purchase
City of Bakersfield.
to furnish fire hydrants are hereby
the required fire hydrants from the
(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 feet in area shall be
constructed with an automatic fire sprinkler system
throughout. (Building)
Show compliance with all handicap requirements including
parking and toilet room facilities as per State Building
Code. (Building)
Exhibit "A"
Zone Change 5112
Page 6
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 issu-
ance of a building permit. (Building)
10.
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. (Planning)
11.
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)
12.
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
fee schedule in e~fect at the time of issuance of the build-
ing permit. (Planning)
13.
Prior to occupancy of any 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)
14.
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 o~ the building
permit. (Engineering Services)
15.
By resolution of the City Council all developers of nonresi-
dential projects are required to pay a development fee for
community improvements (major street improvements) based
upon vehicle trips generated by the project. This fee shall
be paid prior to issuance of a building permit, based upon
the rate in effect at the time. (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)
a/spr5112
PCD TO
PCD
CITY OF BAKERSFIELD
ZONING MAP 1£2-0£
SEC 02 T 30s R 26£
LEGENO
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 Bakersfield; and that on the 4th day of April
posted on the Bulletin Board at City Hall, a full, true
the following: Ordinance No. 3348 , passed
City Council at a meeting held on the 27th day of
and entitled:
of the City
1991 she
and correct copy of
by the Bakersfield
March 1991 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City o1' Bakersfield
DEPUTY City Clerk