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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 ~