HomeMy WebLinkAboutORD NO 3545ORDINANCE NO. 3545
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-11 BY CHANGING THE ZONING OF 6.5 _+
ACRES GENERALLY LOCATED AT THE NORTHWEST
CORNER OF WILSON ROAD AND SOUTH REAL ROAD
FROM A PCD (PLANNED COMMERCIAL
DEVELOPMENT) ZONE CONSISTING OF A 61,000
SQUARE FOOT NEIGHBORHOOD SHOPPING CENTER
TO A PCD (PLANNED COMMERCIAL DEVELOPMENT)
ZONE CONSISTING OF A 65,000 SQUARE FOOT
SUPERMARKET.
WHEREAS, in accordance with the procedure set forth in the provisions of
Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held
a public hearing on a petition to change the land use zoning of those certain properties
in the City of Bakersfield generally located at the northwest corner of Wilson Road and
South Real Road; and
WHEREAS, by Resolution No. 24-93 on April 1, 1993, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a zone change of the subject property from a PCD
(Planned Commercial Development) zone consisting of a 61,000 square foot
neighborhood shopping center to a PCD (Planned Commercial Development) zone
consisting of a 65,000 square foot supermarket, as delineated on attached Zoning Map
No. 123-11 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, the Planning Commission, as a result of said hearing, did
make several general and specific findings of fact which warranted a negative declaration
of environmental impact and changes in zoning of the subject property from a PCD
(Planned Commercial Development) zone consisting of a 61,000 square foot
neighborhood shopping center to a PCD (Planned Commercial Development) zone
consisting of a 65,000 square foot supermarket, and the Council has considered said
findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and
adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's
CEQA Implementation Procedures have been duly followed by city staff, the Planning
Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on March 5,
1993, in accordance with CEQA; and
ORI~I~qAL
WHEREAS~ the general plan designation for this area allows commercial
development; 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 the California Environmental Quality Act
(CEQA) have been met through the preparation of an initial study and a Negative
Declaration which indicate no significant environmental impact will occur as a result of
the proposed zone change.
3. The conditions of approval (Exhibit "A") will ensure the project will
blend well with the neighborhood.
4. The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
5. The applicant intends to start construction within two and one-half
years from the effective date of the zoning change.
general plan.
The proposed planned commercial development conforms to the
7. The commercial development, as conditioned, will be in harmony
with the character of the surrounding neighborhood and community.
8. Such development is needed at the proposed location to provide
adequate commercial facilities of the type proposed; that traffic congestion will not likely
be created by the proposed 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.
9. The development based upon a harmonious and integrated plan
justifies exceptions from the normal application of this code.
10. Substantial buffering is proposed/required between the project and
sensitive residential uses to the north.
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ORtGiNAL
WHEREAS, the City Council has determined after due consideration of
said petition and the recommendations of the Planning Commission herein on file,
together with the reasons advanced at the hearing for changes in zoning of said
properties, that the zone changes should be authorized.
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. Section 17.06.020 (Zoning Map No. 123-11) of the Municipal Code of
the City of Bakersfield be and the same is hereby amended by changing the land use
zoning of that certain property in said City, the boundaries of which property is shown
on the map marked Exhibit "B" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "C".
4. Such zone change is hereby made subject to the conditions of approval
listed in Exhibit "A".
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective not less than thirty (30) days from and after
the date of its passage.
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ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted by_ the._C,.ouncil of the City of Bakersfield at a regular meeting thereof held on
JUN ~ $ ~ , by the following vote:
ABSENT COUNCILME MBERS:
ABSTAIN COUNCILMEMBERs.
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUN 2 $ ~93
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
DR:pjt
April 12, 1993
res\o5442.cc
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ORiGiNAl.
EXHIBIT "A"
Zone Change No. 5442
Discretionary Conditions of Approval
Provide 8-foot high masonry wall from highest grade along the north and west
property lines. Said wall shall observe site line criteria as it approaches roadways.
Locate trash compactor along east side of building near northeast corner to
minimize potential noise impacts on adjacent residential uses by eliminating the
need for trash collection vehicle to access along drive aisle on north side of
building. Compactor shall be oriented for collection using drive aisle along east
side of building. At the option of the Building Director, the trash compactor may
be located at the north side of the building adjacent to the loading dock.
Freight loading/unloading areas used in night (6 p.m. to 7 a.m.) operations shall
be completely enclosed within a building. All night freight loading/unloading
activity shall occur within the enclosed portion of the building.
Trees planted as a buffer on the west and north side of the project boundary shall
be 24-inch box evergreen trees.
Site Plan Review Committee
Conditions of Approval
"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
"4" 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)
Show all fire hydrant locations and required fire flows on site plan. (Fire)
Provide layout for lighting for the parking area along with description of light
fixtures as per Title 17.58.060 A of the Municipal Code. Design and arrange the
lights to reflect away from the adjacent residential properties and streets. All
light fixtures shall be located between 15' and 40' above grade. Lighting
proposals must be approved before Building Department will begin plan check.
(Planning and Building)
Provide 10' minimum setback along South Real Road. No parking spaces shall
encroach into this 10' wide setback. An 8-1/2 foot setback shall be allowed on the~
east side of the building area from back of sidewalk. (Planning)
ORIGinAL
Exhibit "A"
Zone Change No. 5442
Page 2
Install two, 9500 HPSV lumen street lights on Real Road and street lights on
Wilson Road as shown on plan. (Engineering Services)
Construct 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)
7. Show compactor location on plans. (Sanitation)
"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, (805) 326-3951).
(Fire)
Install four fire hydrant(s) as shown on attached plans 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)
4. Show how site is to be drained. (Building)
A landscape and specification for irrigation shall be submitted to the Planning
Department for approval prior to final site plan approval. (Planning)
The Sanitation Division must be contacted to work out an alternate solution that
will allow safe collection. (Sanitation)
"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)
Based upon available information, fire flow requirement may be 3,500 gallons per
minute.
O~!G~NAL
Exhibit "A"
Zone Change No. 5442
Page 3
10.
All persons required to furnish fire hydrants are hereby required to purchase the
required fire hydrants from the City of Bakersfield. (Fire)
Post the designated fire lane as required by the City prior to occupancy of any
portion of any building. (Fire)
Provide the Fire Department with one set of approved water plans prior to the
issuance of any building permit. (Fire)
Areas adjacent to all Fire Department connections shall be identified by yellow
stripes as per Bakersfield Municipal Code 15.64.140 (d). (Fire Department)
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 as per State Building Code.
(Building)
A final soils report shall be submitted prior to issuance of a building permit.
(Building)
School district fees will be assessed at the time of issuance of a building permit.
(Building)
11. The parking required for this project has been computed as follows:
12.
13.
Proposed store = 65,000 sq.ft./300 = 217 spaces required
P.C.D. approval requires approximately 376 parking spaces. (Planning)
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)
The Habitat Conservation Plan fee for this project has been computed to be
$4,406 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)
OR~Gi~AL
Exhibit "A"
Zone Change No. 5442
Page 4
14.
15.
16.
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20.
21.
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)
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)
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)
According to ordinance and approved by the City Council, all developers are
required to pay a Transportation Impact Fee for regional facilities based on the
type of project and the number of vehicular trips generated by the project. This
fee shall be paid at the rate in effect at the time of issuance of a building permit.
Based on the rate schedule in effect for the 1992-1993 fiscal year and the
proposed project use, a rate of $28 per vehicular trip would be anticipated. Upon
submission of construction plans for the project, the Public Works Department
will provide an estimate of the total fee. (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)
At the time the existing sump is expanded, the developer shall install a ramp at
the existing gate to access the bottom of the sump, clear the bottom of the sump,
and dedicate a flowage easement to the City for the expanded portion of the
sump. All work shall conform to City standards. (Engineering Services)
Facilities which require infectious waste services shall obtain approval for separate
infectious waste storage areas from the Kern County Health Department; in no
case shall the refuse bin area be considered for infectious waste containment
purposes. (Sanitation)
Facilities which participate in recycling operations shall provide a location
separate from the refuse containment area for such activities. (Sanitation)
p:5442.ea
CiTY OF BAKERSFIELD
ZONING MAP
SEC ti 'r 505
Exhibit "C"
Legal Description
Zone Change No. 5442
FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE CONSISTING
OF A 61,000 SQUARE FOOT NEIGHBORHOOD SHOPPING CENTER TO A PCD
(PLANNED COMMERCIAL DEVELOPMENT) ZONE CONSISTING OF A 65,000
SQUARE FOOT SUPERMARKET:
Parcat 1, Parcel 2. and Parcel 3 of Parcel Map No. 5179 in the City of Bakersfield, County
of Kern, State of California, as per map recorded August 10, 1979 in Book 23, Page 75 of
Parcel Maps, in the Office of the County Recorder of said County, being more
particularly described as follows:
BEGINNING at the Southeast corner of said Parcel 3; thence along the South line of
said Parcel 3, said Parcel 1, and said Parcel 2,
North 89 degrees 18 minutes 10 seconds West, a distance of 470.04 feet to the
Southwest corner of said Parcel 2; thence along the West line of said Parcel 2,
North 00 degrees 10 minutes 43 seconds East, a distance of 149.99 feet to the
Northwest corner of said Parcel 2; thence along the North line of said Parcel 2,
South 89 degrees 18 minutes 27 seconds East, a distance of 30.00 feet to a point on the
West line of said Parcel 1; thence along said West line,
North 00 degrees 11 minutes 20 seconds East, a distance of 480.96 feet to the
Northwest corner of said Parcel 1; thence along the North line of said Parcel 1,
South 89 degrees 16 minutes 47 seconds East, a distance of 439.91 feet to the
Northeast corner of said Parcel 1; thence along the East line of said Parcel 1, and said
Parcel 3. South 00 degrees 10 minutes 28 seconds West, a distance of 630.77 feet to the
POINT OF BEGINNING.
The Basis of Bearings for this description is the centerline of Wilson Road
as shown on said Parcel Map No. 5179. Said centerline is taken to bear
North 89 degrees 18 minutes 10 seconds West.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
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 28th day of June, 1993 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3545, passed by the
Bakersfield City Council at a meeting held on the 23rd day of June,
1993, and entitled:
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY City