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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