HomeMy WebLinkAboutORD NO 3788ORDINANCE NO. 3 ? 8 8
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP
NO. 103-22 BY CHANGING THE ZONING OF 7.35 ACRES
LOCATED ALONG THE SOUTH SIDE OF COLUMBUS
STREET GENERALLY BETWEEN WENATCHEE AVENUE
AND LOYOLA STREET 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 located along the south side of Columbus Street
generally between Wenatchee Avenue and Loyola Street; and
WHEREAS, by Resolution No.58-97 on June 19, 1997, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve a change from R-1 (One Family Dwelling) zone to a
PCD (Planned Commercial Development) zone as delineated on attached Zoning Map
No. 103-22 marked Exhibit "B", by this Council and this Council has fully considered the
recommendations 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
an R-1 (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 with mitigation measures was
advertised and posted on February 20, 1997, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development subject to mitigation measures of General Plan Amendment Case No.
P97-0056; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required notices have been given.
The provisions of the California Environmental Quality Act have been
followed.
environment.
The proposed project will not have a significant effect on the
4. The proposed PCD (Planned Commercial District) zoning district, as
conditioned and with the PCD requirements and restrictions, is in harmony with the existing
Land Use Element land use designations, zoning districts and land uses in this general area.
5. The proposed PCD (Planned Commercial District) zoning district, as
conditioned and with the PCD requirements and restrictions, is in harmony with the General
Plan, and the General Plan policies and goals.
6. The public necessity and general welfare justify the zone change to PCD
(Planned Commercial District).
7. The proposed PCD (Planned Commercial District) zoning district site
developed with a mini-storage facility will generate less vehicular traffic than would be
generated by development of the site to maximum R-3 (Limited Multiple-family) and C-2
(Regional Commercial) zoning districts development standards.
8. Development of the proposed PCD (Planned Commercial District) zoning
district site to a mini-storage facility (as shown on Exhibit "D") will provided assurances that the
site and its development will remain compatible with the existing land uses.
9. The PCD (Planned Commercial District) zoning district allows for flexible
regulations which may be either more restrictive or less restrictive than standards found
elsewhere in the municipal code.
10. The proposed PCD (Planned Commercial Development) zone and
preliminary development plan is in harmony with the general plan and objectives of this
ordinance.
11. The proposed development will constitute a commercial environment of
sustained desirability and stability, and it will compliment and harmonize with the character of
the surrounding neighborhood and community.
12. The proposed development justifies exceptions from the normal
application of this code in that it integrates such elements as the location of structures,
circulation pattern, parking, landscaping and utilities, together with a program for provision,
operation and maintenance of all areas, improvements, facilities and services provided on the
property.
13. The "site plan review committee" has reviewed preliminary site plans of
the proposed mini-storage facility to ensure that development is consistent with adopted city
policies and to protect the health safety and welfare of the community through the
implementation of development standards, regulations and adopted General Plan policies of the
city,
14. The site plan review committee is required to review the final site plan.
SECTION 1.
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) 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 "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 mitigation measures
listed in attached 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.
......... O00 .........
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
$FP 2 ~, 1997 , by the following vote:
AYES: COUNCILMEMbER D~_,.,"J:~, CARSON, ~, McDERMOTr, ROWLES, SULLIVAN, S^LVAGGIO
NOES: COUN CIL~EI,~:~F.R
ABSTAIN: COUNC!~'IEMBER '~"'~ O
COUNClLMEM E
CITY CLERK a~d E; Official Clelk of the
Council of the City of Bakersfield
3
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APPROVED
o
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
BY:
res\oz0056-cc
RED/pjt
August 11, 1997
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
COUNTY OF KERN )
PAMELA A. McCARTHY, 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 26th day of September, 1997 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3'788, passed by the
Bakersfield City Council at a meeting held on the 24th day of September, 1997, and
entitled:
Ordinance amending Title Seventeen of the
Bakersfield Municipal Code and Zoning Map
No. 103-22 by changing the zoning of 7.35
acres located along the south side of
Columbus Street generally between Wenatchee
Avenue and Loyola Street from an R-1 (One
Family Dwelling) zone to a PCD (Planned
Commercial Development) zone.
Is/ PAMELAA. McCARTHY
City Clerk of the City of Bakersfield
By:
DEPUTY City Clerk
EXHIBIT "A"
Mitigation Measures
ZC NO. P97-0056
Planning Department:
1.
Install a low profile security lighting system along the access roadways located between
each row of storage buildings~ Such low profile lighting fixtures shall be placed at
intervals offering the maximum security protection without impacting the surrounding
land uses.
Other lighting fixtures located within the subject site shall not be located at a height
greater than that of the storage building rooflines.
Any lighting fixtures located along the subject site perimeter which are for the purpose of
security lighting, highlighting the mini-storage facility and/or drawing attention to the
mini-storage facility shall be directed away from existing land uses.
4. All structures shall be constructed of a non-glare, non-reflective materials.
The proposed mini-storage facility shall be constructed substantially as shown on the
site plans. Where there is inconsistency between the site plans, site plan review
conditions, and Planning Commission recommended conditions of approval, the site
plan review conditions and Planning Commission recommended conditions shall prevail.
Provide a secondary emergency secondary access along the east side of the site per
the Fire Chiefs specification.
Along the Columbus Street frontage, a minimum of 35 trees will have a minimum box
size of 24 inches.
Along the west property line, construct a continuous block wall with a minimum height of
6 feet from the water fountain to the first storage building.
Landscape requirements shall be per the municipal code excepted as depicted on site
plans as was approved by the City Council.
10. Special event signs shall not be illuminated.
Engineering:
The developer shall be required to contribute to the Phase II, Regional Traffic Impact
Fee (RTIF), based upon the actual developed uses per the adopted fee schedule.
These fees have been established by Council as minimum mitigation for build out of the
General Plan.
2. Provide a sewer study to ensure service can be provided by gravity flow.
Provide an offer of dedication for a sewer easement across the southerly portion of the
site.
Exhibit "A"
ZC No. P97-0056
Mitigation Measures
Page 2
Upon development or division, the developer/subdivider shall pay his proportionate
share for landscaping the existing median island in Columbus Street and such median
will become part of the future median landscaping maintenance district at the discretion
of the Public Works Director.
Site Plan Review Conditions
"A" CONDITIONS - These conditions require specific alterations to the site plan. These
changes must be reflected on all final plans submitted to the Building Department. Plan check
will not begin until all '~4" conditions are correctly shown on the plans submitted.
Designate a fire lane, pursuant to City requirements, as shown on the attached site plan.
Please indicate spacing between signs that meet City standards. (Fire)
2. Indicate on the final plan all on-site fire hydrant locations and required fire flows. (Fire)
Parking lot lighting shall be provided pursuant to Section 17.58.060 A of the Municipal
Code. Lights shall be designed, arranged, and shielded to reflect away from adjacent
residential properties and streets with illumination evenly distributed across the parking
area. All light fixtures shall be located between 15' and 40' above grade. Lighting
direction and light fixtures shall be shown on the final site plan. (Planning)
The applicant shall construct curbs, gutter, 5.5' concrete sidewalks on Columbus Street
pursuant to City Standard. (Engineering Services)
The applicant shall install 4 - 9,500 lumen HPSV street lights as shown on the attached
plan. (Engineering Services)
The applicant shall construct new connection(s) to a public sewer. (Engineering
Services)
The applicant shall 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)
The applicant shall submit street improvement plan for review and approval of the City
Engineer prior to issuance of the building permit. (Engineering Services)
The additional pavement tie-in and relocation of the power poles shall be responsibility
of the developer. (Engineering Services)
10.
Indicate on the final plan 1 8' x 10' refuse bin location(s) pursuant to City Standard S-43.
(Sanitation)
11.
Reconstruct west to south left turn pocket on Columbus to current City Standards.
(Traffic Engineering)
Exhibit "A"
ZC No. P97-0056
Mitigation Measures
Page 3
"B" CONDITIONS - These conditions must be satisfied prior to the Building Department
completing plan check for the project.
The applicant shall contact the Fire Safety Control Division, 1715 Chester Avenue, Suite
300 (Fire Prevention Bureau) for fire and safety requirements and provide one (1) set of
building plans showing the required plan corrections to Fire Safety Control (Fire
Marshal, (805) 326-3951) prior to the final site plan being approved. (Fire)
In order to provide adequate fire protection during construction, the applicant shall install
8 fire hydrant(s) as shown on the attached plans or provide alternative fire suppression
as approved by the Fire Department prior to final site plan approval. (Fire)
The applicant shall provide four copies of the grading plans and two copies of the
preliminary soils report to the Building Department. (Engineering Services and 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 shall be contacted to determine alternatives to allow the safe
collection of refuse and/or recyclables. (Sanitation)
"C" CONDITIONS - These are informational notes that will assist in completion and operation
of the project. There are also conditions identified that must be satisfied prior to plan check
being completed. The deadline for complying with those 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, the 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)
The applicant shall post the designated fire lane as required by the City prior to
occupancy of any portion of any building. (Fire)
The applicant shall provide the Fire Department with one set of approved water plans
prior to the issuance of any building permit. (Fire)
This review does not include approval of any signs for the project. A separate permit is
required for all new signs, including construction signs, from the Building Department.
(Building)
Structures exceeding 10,000 square feet in area shall be constructed with an automatic
fire sprinkler system. (Building)
Exhibit "A"
ZC No. P97-0056
Mitigation Measures
Page 4
The applicant shall provide fire resistive wall construction details for exterior walls of
buildings that are at or near the property line. (Building)
Indicate on the final plan compliance with all handicap requirements pursuant to State
Building Code. (Building)
A final soils report shall be submitted to the Building Department prior to issuance of any
building permits. (Building)
10.
School District fees will be assessed at the time of issuance of a building permit.
(Building)
11. The minimum parking required for this project has been computed as follows:
2,370 sq. ft. Residence x .2 = 2 spaces
115,900 sq. ft. Storage/1,000 = 116 spaces
TOTAL = 118 Spaces
Note: One side of drive aisle adjacent to storage units counts toward parking.
(Planning)
12.
Approved landscaping shall be installed prior to final building inspection or occupancy of
any building. Landscape inspections are on Fridays. Call Dave Dow at 326-3594 or
Louise Palmer at 326-3680 prior to the Friday you wish your inspection. (Planning)
13.
NOTICE - Habitat conservation fees for this project will be calculated based on the fee
in effect at the time (currently $1,240 per gross acre) payable to the Planning
Department prior to issuance of an urban development permit (includes grading plan
approvals) as defined in the Implementation/Management Agreement (Section 2.21) for
the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, the
applicant will receive acknowledgment of compliance with Metropolitan Bakersfield
Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4).
(Planning)
14.
Prior to building occupancy, sub-standard off-site improvements shall be reconstructed
to City Standard or repaired as directed by the City Engineer. Please Contact the
Construction Superintendent at 326-3050 to determine the extent of improvements
required. (Engineering Services)
15.
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)
16.
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)
Exhibit "A"
ZC No. P97-0056
Mitigation Measures
Page 5
17.
A transportation impact fee for regional facilities 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 1995-
1996 fiscal year and the proposed project use, a rate of $38 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)
18,
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)
19.
The applicant shall provide 1, 3 cubic yard front loading type refuse bin(s) for the
containment of refuse or recyclables. (Sanitation)
20.
Facilities required to provide recycling areas shall provide locations of sufficient size as
defined in Bakersfield Municipal Code, Chapter 8.32. (Sanitation)
21.
Facilities required to provide grease containment shall provide a storage location
separate from refuse or recycling bin locations pursuant to City Standard S-43.
(Sanitation)
22.
Facilities requiring infectious or medical waste services shall obtain approval for
separate infectious or medical waste storage areas from the Kern County Environmental
Health Services Department. In no instances shall the refuse or recycling bin area be
considered for infectious waste containment purposes. (Sanitation)
RED:pjt
September 11, 1997
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CITY OF BAKERSFIELD
ZONING MAP 103-2:>
SEC. 22 T 29s R. 28E
LEGEND
EXHIBIT "C"
Legal Description
GPA/ZC & CUP NO. P97-0056
Designated remainder of Parcel Map 10221
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