HomeMy WebLinkAboutORD NO 3381ORDINANCE NO. ~ 8 8 ~
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, 42,086 SQUARE
FOOT BUILDING AND A 4,500 SQUARE FOOT
BUILDING PAD TOTALING 46,586 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. 36-91 on June 6, 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 said
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, 42,086 square foot building and a 4,500 square foot build-
ing pad totaling 46,586 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,
Land Use Element
Plan; and
the site is designated as Commercial on the
of the Metropolitan Bakersfield 2010 General
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 P.C.D. zone and preliminary development plan, a final develop-
ment 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, WHITMAN ARCHITECTURAL DESIGN,
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
is in harmony with the character
and community.
and professional development
of the surrounding neighborhood
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 impacts on wildlife resources could
occur as a result of the project.
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14. The project area is surrounded by urban development
and has been graded in association with previously approved com-
mercial projects.
15. The project must adhere to the provisions of the
Metropolitan Bakersfield Habitat Conservation Plan (MBHCP)
mitigation provisions and associated advisory notice.
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 April 25, 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 incorporated
into this zoning ordinance by reference as fully as though set
forth herein.
4. Within 18 months of effective date of establishment
of P.C.D., and preliminary development plan, a final development
plan shall be submitted.
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 CONSIST-
ING OF TWO, ONE-STORY STRUCTURES TOTALING 46,586
GROSS SQ~3ARE 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.
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6. The foregoing zone change is 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
Bakersfield Municipal Code provisions and shall become effective
thirty (30) days from and after the date of its passage.
.......... o0o ..........
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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 JUl ~ ~ 19§1 , by the
following vote:
AYES: COUNCILMEMBERS: EDWAR. D~. DeMOND, SMITH. BRUNNI, PETERSON, McCEBMOTi', SALVAOGIO
NOES; COUNCILMEMBERS: ./~/(;A/~
A~SENT COUNCILMEMBERS: /V~/,Z
ABSTAIN: COUNCILMEMBERS' /~A/c5
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED 'JUL 3 1 199!
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. ~,UN
CITY ATTORNEY of the City of Bakersfield
JM/pjt
Attachments
Exhibit "A"
Exhibit "B"
r/rpcdo
/14/ l
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EXHIBIT "A"
Conditions of Approval
Zone Change 5176
6.
7.
8.
11.
12.
Maintenance of the projects landscaping and on-site sewer system shall
be the responsibility of the propertyowner(s).
Parking requirements shallbe 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 restau-
rants or banks shall be computed separately unless satellite buildings
contain two or more tenants. Minimum stall size shall be 18 feet
deep and 9 feet wide.
Prior to recordation of a final map or issuance of a building permit,
developer shall make provisions to annex into an existing maintenance
district or establish a district for maintenance of the m~dian
islands. Development shall be responsible for all maintenance dis-
trict assessments.
Hours of operation in Building "A" (main building) shall be from 6
a.m. to 10 p.m., seven days per week. Deliveries behind Building "A"
shallbe from 7 a.m. to 6 p.m. only.
Building "A" shall be limited to those uses specifically itemized by
the Planning Ocm~ission.
No use occupying Building "A" shallbe operated in such a manner as to
be deemed a nuisance or detrimental to adjacent residences.
Building "B" shall be limited to those uses specifically itemized by
the Planning Commission.
All lights (indoor and outdoor) shall be limited in mounting height
and shielded away from residential uses in order to protect residen-
tial privacy and create the least social and psychological
disturbance/stress to adjacent residents.
Buildings shall be limited to single-story structures.
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.
A waiver of direct access rights to Stockdale Highway and to Allen
Road, except at specific locations approved by the Traffic Authority
is required.
This site is within Assessment District 87-1 and all assessments shall
be the responsibility of the property owner.
Exhibit "A"
Zone Change 5176
Page 2
13.
14.
15.
16.
17.
18.
19.
20.
So. Allen Road shall be improved as authorized by the City Engineer
and as previously approved with Tract ~5 prior to additional certif-
icates of occupanybeing issued.
No left turn access will be allowed from project site onto Stockdale
Highway traveling westbound. ~ left turn access will be allowed frc~
westbound Stockdale Highway into project site. All left turn activity
shall be limited to traffic signal at Stockdale Highway and So. Allen
Road.
Access to and from SO. Allen Road shall be reviewed by, and subject to
approval by, the City Traffic E~ineer.
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.
Signage shall be installed pursuant to the criteria in comprehensive
sign plan 06-89, for the subject property approved November 2, 1989.
The landscape plan shall include tree installations (as marked on the
plan by staff) on the south side of Building B, on the east side of
the parking area east of Building B which faces the existing mini-
mrt, and at the entryways off of South Allen Road.
All trash bin locations shall be enclosed. Design of enclosures shall
be submitted to the sanitation and planning departments for review and
approval. Trash bins shall not be located within 30 feet of the south
and west property lines of the project.
Any proposed fountain or similar improvements which is/are not associ-
atedwith signage shall be subject to the review and approvalby the
Planning Director. An amendment to comprehensive sign plan 06-89 will
be necessary for any fountain or similar improvement associated with
signage.
p/ea5176.ob
Exhibit "A"
Zone Change 5176
Page 3
Zone Change 5176 (P.C.D. Zone)
(SWC - Stockdale and So. Allen Road)
Uses Permitted
Main Building (Building A) Uses Permitted:
The following uses are permitted in the Main Building of this
P.C.D. zc~e development:
A. Any use permitted in the C-O zones, except R-i, R-2, R-3 and
R-4 zc~es.
B. Any of the following uses:
1. Autc~obile parking areas when developed as required in
Section 17.34.020 if adjacent to a residential zone,
2. Bakeries, employing not more than five persons on pr~mises,
3. Banks,
4. Barber shops,
5. Beauty shops,
6. Bookstores,
7. Confectionery stores,
8. Donut shops,
9. Dressmaking or millinery shops,
10. Drugstores,
11. Dry-cleaning, pressing and laundry agencies,
12. Dry goods or notions stores,
13. Electric applicance stores and repairs,
14. Florist shops,
15. Grocer, fruit and vegetable stores,
16. Hardware stores,
17. Hotels,
18. Ice cream parlors,
19. Jewelry stores,
20. Liquor stores,
21. Meat markets or delicatessen stores (including on-site
consumption),
22. Offices, business or professional,
23. Photographic shops,
24. Printing shops conducted primarily on a "while-you-wait"
basis,
25. Shoe stores or shoe repair shops,
26. Stationery stores,
27. Tailor, clothing or wearing apparel shops,
28. Temporary offices, including portable, modular or prefab-
ricated structures constructed in conformance with uniform
code adopted by the city (Title 15 of this code) and not
attached to permanent foundations my be allowed for a
period not to exceed two years, plus one-year extension
subject to the approval of the Planning Commission.
Exhibit "A"
Zone Change 5176
Page 4
29.
Limited and temporary outside storage of incidental mete-
rials (i.e. associated with Hc~e 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 in only on west side of service
alley located behind Building A; allowed use would be
drive-through customer pick-up 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 ite~ shall not be stored higher than or extended
above such fence.
C. The above specified store, shops or businesses shall be retail
establishments selling new merchandise exclusively, except used merchandise
clearly incidental to the regular business conducted on the premises, and
shall be permitted only under the following conditions:
1. Such stores, shopM or businesses, except automobile serv-
ice stations, shall be conducted antirely within an enclosed building.
2. Products mede incidental to a permitted use shall be sold
at retail on the premises.
4. The accessory buildings or structures necessary to such
use located on the same lot or parcel of land, including a storage garage
for the exclusive use of the patrons and employees of the above stores or
businesses. (Ord. 2877 ~ 1, 1983: Ord. 2704 ~ 1, 1982: prior code S
17.25.020).
Use permitted in Building "A" subject to Conditional Use Permit:
The following uses meybe permitted, subject to a conditional use
permit, in accordance with the procedures provided for in Chapter 17.64 and
17.66 of this title:
A. Ambulance and other emergency medical service facilities;
B. Antique shops: sale of antique household furniture, antique
bric-a-brac, curios and objects d'art, wholly within a building; sale of
secondhand furniture, wares or merchandise is prohibited;
C. Automobile custom sunroof and "T-top" sales and installation,
when done entirely within a building and excluding engine or other mechani-
cal repair %~rk;
D. Carwashes, automatic or coin-operated, five bay maximum;
E. Carpet, awning, blinds, mattress or upholstery shops, includ-
ing cleaning and repair, wholly within a building;
Exhibit "A"
Zone Change 5176
Page 5
F. Cleaning and pressing establishments using noninflammable and
nonexplosive cleaning fluids;
purposes;
H.
I.
J.
K.
Businesses involving food preparation for delivery or take-out
Furniture stores;
Health studios;
Nurseries (flowers and plants);
Pet shops and small animal veterinary day clinics, wholly
within a building;
L. Radio and television stores;
M. Refrigerated lockers;
N. Restaurants, including the sale of alcoholic beverages when
served together with and incidental to the serving of food or in a cocktail
lounge as an accessory use to the restaurant;
O. 'Retail automobile parts;
P. Schools of dancing or musical instruction;
Q. Sporting goods stores;
R. Undertaking establishments, mortuaries and funeral parlors;
S. Video game arcades, where such games are primarybusiness con-
ducted on premises;
T. Food and/or shelter service agencies as defined in Section
17.04.285. (Ord. 3174 ~ 3, 1988; Ord. 1704 ~ 2, 1982: prior code ~
17.25.026).
Freestanding pad (Building B) Uses Permitted:
The following uses are permitted in freestanding pad B of this
P.C.D. zone development:
A. Any use permitted in the C-O and C-1 z~nes except R-i, R-2,
R-3 and R-4 zones;
Exhibit
Zone Change 5176
Page 6
B. .Any of the following uses:
Retail or wholesale stores or businesses excluding any
kind of manufacture, processing or treatment of products
other than that which is clearly incidental to the retail
business conducted on the premises,
2. Bird stores or pet shops,
3. Churches, revival meetings,
4. Cleaning and pressing establishments using noninflammable
and nonexplosive cleaning fluid,
5. Conservatories of music,
6. Department stores,
7. Furniture stores,
8. Interior decorating shops,
9. Hospitals or sanitariums, (except clinics, hospitals or
sanitariums for contagious, mental or drug or liquor
addict cases),
10. Medical laboratories,
11. Music and vocal instructions,
12. Nurseries, flowers or plants,
13. Printing, lithographing or publishing establishments,
14. Public parking areas,
15. Radio and television stores,
16. Restaurants, tearooms or cafes,
17. Self-service laundries or launderettes,
18. Studies,
19. Taxidermists,
20. Telephone exchanges,
21. Trade schools, not objectionable due to noise, odor, dust,
smoke, vibration or other similar causes,
22. Wedding chapels,
23. Fast food restaurants.
C. The accessory buildings or structures necessary to such use
located on the same lot or parcel of land. (Ord. 2926 ~ 1, 1984: Ord. 2705
~ l, 1982: prior code ~ 17.27.020).
p/hh. ob
Exhibit "A"
Zome Change 5176
Page 7
Site Plan Review Committee Conditions
"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 RUILDIb~G
DEP~ WILL NOT ~IN PIAN C~ECK UNTIL ALL "A" CC~DITIONS ARE CORRECTLY
INDIC/kr~o ON THE PLANS SUBM_I','~'~u FOR PLAN C~]ECK.
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)
Provide one off-street freight loading space. Minimum standards are
25-foot length, 10-foot width with 12-foot vertical clearance.
(Planning)
4. Show proposed connection(s) to a public sewer. (Engineering Services)
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)
6. Show three, 6' x 8' refuse bin location(s) as shown on attached plans.
(Sanitation)
Parallel parking spaces shall be at least 9' x 22' except end spaces
allowing direct entrance/exit which shall be at least 9' x 18'.
(Traffic Engineering)
"B" CONDITIONS: This category consists of conditions that must be satis-
fied before the Building Department will begin checking plans suhnitted 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 four fire hydrant(s) as shown on attached plan prior to final
site plan approval. (Fire)
3. Show how site is to be drained. (Engineering Services and Building)
4. The Sanitation Division must be contacted to work out an alternate
solution that will allow safe collection. (Sanitation)
Exhibit "A"
Z~ne Change 5176
Page 8
"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 con-
struction 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)
3. Post the designated fire lane as required by the City prior to occu-
pancy 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)
5. Structures exceeding 10,000 square feet in area shall be constructed
with an automatic fire sprinkler system throughout. (Building)
6. Show compliance with all handicap requirements including parking and
toilet room facilities as per State Building Code. (Building)
7. A final soils report shall be submitted prior to issuance of a build-
ing permit. (Building)
8. School district fees will be assessed at the time of issuance of a
building permit. (Building)
9. Building A = 42,086 sq.ft. = 35,000 sq.ft./200 = 175.0 spaces
7,086 sq.ft./250 = 28.3 spaces
Building B with one tenant = 4,500 sq.ft./300 = 15.0 spaces*
or
With two or more tenants = 4,500 sq.ft./250 = 18.0 spaces*
Note: (* use only one when determining the total amount of required
off-street parking.)
10.
The address assigned is for the entire location. If you desire indi-
vidual 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: Qave Dow. (Planning)
Exhibit
Zone Change 5176
Page 9
11.
12.
13.
14.
15.
16.
17.
18.
19.
Approved landscaping shall be installed prior to final building
inspection or occupancy of any building. randscape inspections are on
Fridays. Call Bob Bellman at 326-3733 prior to the Friday you wish
your inspection. (Planning)
The Habitat Conservation Plan fee for this project has been computed
to be $4,296 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 effect at the time of
issuance of the building permit. (Planning)
Prior to occupancy, sub-standard off-site improvements shall be recon-
structed to City Standards or repaired as directed by the City
Engineer. Call construction superintendent at 326-3050 to determine
extent. (Engineering Services)
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)
By resolution of the City Council all developers of nonresidential
projects are required to pay a development fee for community improve-
ments (major street improvements) at a rate of $12 per vehicle trip
generated by the project. This fee shall be paid prior to issuance of
a building permit. (Engineering Services)
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)
Provide three, three cubic yard, front loading type refuse bin(s) on
concretepad(s) per standard $S-43. (Sanitation)
Facilities which require grease containment must provide a storage
location separate from the refuse bin location. (Sanitation)
Facilities which participate in recycling operations shall provide a
location separate from the refuse containment area for such
activities. (Sanitation)
a:zc5176
N
CITY OF BAKERSFIELD
ZONING MAP 122-0£
SEC 02 T 3Os R 26£
LEGEND
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
of Bakersfield; and that on
posted on the Bulletin Board
the following: Ordinance
City Council at a meeting held
and entitled:
City Clerk of the City
the 6th day of August , 19 91 she
at City Hall, a full, true and correct copy of
No. 3381 , passed by the Bakersfield
on the 31st day of July 19 91,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk