HomeMy WebLinkAboutORD NO 3570ORDINANCE NO. ~ 5 7 0
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-22 BY
CHANGING THE ZONING OF 7.56 ACRES GENERALLY LOCATED AT
THE NORTHEAST CORNER OF BERNARD STREET AND NEW
MARKET WAY FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A
PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE.
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 northeast corner of Bernard Street and
New Market Way; and
WHEREAS, by Resolution No. 46-93 on October 7, 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 an R-1 (One
Family Dwelling) zone to a PCD (Planned Commercial Development) zone on 7.56 _
acres, for development of an 18,000 square foot fitness center as delineated on attached
Zoning Map No. 103-22 marked Exhibit "A", 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 R-I (One
Family Dwelling) zone to a PCD (Planned Commercial Development) zone 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, Planning
Commission and this Council: and
WHEREAS, a Negative Declaration was advertised and posted on
September $, 1993, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
years from the effective date of the zone change.
The applicant intends to start construction within two and one-half
ORIGINAL
general plan.
The proposed planned commercial development conforms to the
3. The commercial and professional development, as conditioned, will
be in harmony with the character of the surrounding neighborhood and community.
4. 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.
5. The development based upon a harmonious and integrated plan
justifies exceptions from the normal application of this code.
6. The conditions of approval will ensure the project will blend well
with the neighborhood.
7. All required public notices have been given.
8. The provisions of the California Environmental Quality Act
(CEOA) 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.
9. The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
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) 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 Zoning
Map No. 103-22 marked Exhibit "A" attached hereto and made a part hereof, and are
more specifically described in attached Exhibit "B".
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "C".
ORIGINAL
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.
.......... 00o .........
I HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted by the Co~cil of the City of Bakersfield at a regular meeting thereof held on
DEC 0 1 ,o , by the following vote:
ABSTAIN: COUNC,LMEMBERS
ABSENT: COUNCILMEMBERS
APPROVED
Assistant CITY CLERK and Ex Officio ~erk of the
Council of the City of Bakersfield
1993
MAYOR of the City of Bakersfield
APPROVED as to form:
~t~ CITY ATFORNEY of the City of Bakersfield
DR:pjt
October 25, 1993
res\o5506.cc
3
ORIGINAL
C 2-D
CITY OF BAKERSFIELD
ZONING MAP 103-2£
SEC. 22 1 293 R 28E
LEGEND
EXHIBIT "B"
Legal Description
Zone Change No. 5506
Zone Change No. 5506 requesting a change to PCD (Planned Commercial
Development) zone within the boundaries of the following exact legal description:
Parcel C of Parcel Map Waiver 4588, P.M.B. 6205, Page 1065 in the City of Bakersfield,
Kern County, State of California.
p:5506.eb
ORIGINAL
EXHIBIT "C"
Zone Change No. 5506
Discretionary Conditions of Approval
A Landscape and Irrigation Plan shall be submitted for approval as a portion of
the Final Development Plan for Phase 1. The landscape plan shall include
planters and trees along the building frontage (both sides of entrance). A
minimum of five trees shall be depicted along the building frontage north of the
main entrance and a minimum two trees shall be depicted along the building
frontage south of the main entrance.
Prior to occupancy of Phase 1 construction, the following additional landscape
treatment and maintenance shall occur and be depicted on the final development
plans for Phase 1:
a)
A minimum of 10 feet of landscaping (minimum turf) shall be installed on
the north and south sides of the "temporary" access road and along the
western boundary of the parking lot installed with Phase 1.
h)
Landscaping at the northwest corner of the easterly entrance off of
Bernard Street and the north and south sides of the temporary entrance
off of New Market Way shall include tree groupings (three trees minimum
each grouping).
c)
Dust binder shall be applied and mantained over time on portions depicted
for future development (Phase 2) which are not landscaped.
d)
Areas depicted as future development shall be maintained in a weed free
state. All landscaping on slope areas within the 7.56 acre project site shall
be refurbished.
e)
Final development plans shall include a landscape plan for the slope to the
east of the fitness center.
f)
Final approval of refurbishment of slope areas and landscape installation
will be through the Planning Director following an on-site inspection.
g)
Final development plans for Phase 2 shall not be approved by the Planning
Commission if slope maintenance deteriorates and slope areas are
maintained in an unsatisfactory condition.
A comprehensive sign plan shall be submitted for approval as a portion of the
Final Development Plan.
ORIGINAL
Exhibit "C"
Zone Change #5506
Page 2
INFORMATIONAL
Since the Phase 2 square footage proposal was not previously noticed, upon
submittal of a specific development proposal, it shall be noticed and brought back
to the Planning Commission for consideration.
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 "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)
3. Show masonry wall as indicated on attached plan. (Planning)
Provide lighting for the parking area and submit layout 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 zoned property and street.
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)
5. Construct new connection(s) to a public sewer. (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)
Provide median island modification plan for review and approval of the City
Engineer. (Engineering Services)
Show one, 8' x 10' refuse bin at corrected location on plans for Phase 1.
(Sanitation)
Street return type approach(es), if used, shall have minimum 20' radius
with a 30' throat width. (Traffic Engineering)
ORIGINAL
Exhibit "C"
Zone Change #5506
Page 3
10.
Show two-way parking aisles with a minimum width of 25' to provide proper
backup space for right angle parking. (Traffic Engineering)
11. Show typical parking stall dimensions (9' x 18' standard). (Traffic Engineering)
12.
West entry on Bernard cannot start prior to end of bay taper for right turn lane
into New Market Way. Revise plan as shown and provide right turn pocket into
new access as shown on plan. Use bay tapers per Caltrans standards. (Traffic
Engineering)
13.
Median opening for easterly driveway shall allow "left turn in only". N___~o "left turn
out" will be permitted. (Traffic Engineering)
"B" CONDITIONS: This category consists of conditions that must be satisfied before
the Building Deparm~ent 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 three fire hydrant(s) as shown on attached plans prior to issuance of
building permit or as approved by the Fire Marshal. (Fire)
3. Provide paved emergency access. (Fire)
Provide three copies of the grading plans with two copies of the preliminary soils
report to the Building Department. (Engineering Services and Building)
5. Show how site is to be drained. (Building)
A landscape plan 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.
ORIGINAL
Exhibit "C"
Zone Change #5506
Page 4
10.
1l.
12.
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.
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)
Provide fire resistive wall construction details for exterior walls of buildings at
property line. (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)
Submit for all necessary approvals from the Kern County Environmental Health
Services Department located at 2700 "M" Street for any food handling facility,
(such as a market or a restaurant) prior to issuance of a building permit.
(Building) ~ ~e'9~.~
ORIGINAL
Exhibit "C"
Zone Change #5506
Page 5
13. The parking required for this project has been computed as follows:
14.
15.
16.
17.
18.
19.
20.
21.
Phase I = Proposed family fitness center = 18,000 sq.ft./300 = 60 spaces
Phase 2 = Commercial retail structure = 22,500 sq.ft./200 = 112.5 spaces
Total Spaces Required = 173 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)
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)
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)
A transportation impact fee for regional facilities shall be paid prior to final
inspection and/or occupancy and shall be based on the rate in effect at the time
the fee is paid. The rate per vehicular trip varies according to project type and
size. Because of the mixed use nature of this project, the rate per vehicular trip
would vary for each use. 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)
Provide one. three cubic yard, front loading type refuse bin on concrete pad per
standard #S-43. (Sanitation)
Facilities which require infectious waste seroices 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 require grease containment must provide a storage location
separate from the refuse bin location. (Sanitation)
ORIGINAL
Exhibit "C"
Zone Change #5506
Page 6
22.
23.
Facilities which participate in recycling operations shall provide a location
separate from the refuse containment area for such activities. (Sanitation)
Contact Sanitation for refuse bin location for Phase 2. (Sanitation)
p:5506pcd.ea
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
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 14th day of December, 1993
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3570, passed by the
Bakersfield City Council at a meeting held on the 1st day of
December, 1993, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
103-22 BY CHANGING THE ZONING OF 7.56 ACRES
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
BERNARD STREET AND NEW MARKET WAY FROM AN R-1
(ONE FAMILY DWELLING) ZONE TO A PCD (PLANNED
COMMERCIAL DEVELOPMENT) ZONE.
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY ~i~ l~k ~