HomeMy WebLinkAboutORD NO 3934ORDINANCE NO. 3 D 8 4
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-05 BY CHANGING THE ZONING OF CERTAIN
PROPERTY IN THE CITY OF BAKERSFIELD GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF CAMINO
MEDIA AND HAGGIN OAKS BOULEVARD
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 southeast corner of Camino Media and
Haggin Oaks boulevard; and
WHEREAS, by Resolution No.156-99 on October 7, 1999, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a change from Office Commercial to General Commercial
as delineated on attached Zoning Map No. 122-12 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 Office
Commercial to Planned Commercial Development, 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 was advertised and
posted on July 30, 1999, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows General
Commercial development and the requested Regional Commercial zoning is consistent
with this designation; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act (CE(~£4t
have been followed. ~i~,;.~ ~¢,.
3. The proposed project will not have a significant effect on the
environment.
4. Conditions of approval as shown on Exhibit "A" are included in the
project to mitigate impacts.
5. The proposed zoning classification is compatible with existing and
projected zoning and land uses in the surrounding vicinity.
6. Conditions of approval for the Planned Commercial Development
project in accordance with the Site Plan Approval process and pursuant to the mitigated
Negative Declaration, will assure compatibility of the project with surrounding land uses,
and reduce its impact on the physical environment to less than significant. The proposed
project is consistent with the Circulation Element Policy No. 36 and Land Use Element
Policy Nos. 17, 20, 37, 42 and 44.
Policy No. 36 - Prevent streets and intersections from degrading
below Level of Service "C" where possible due to physical constraints
(as defined in a Level of Service ordinance) or when the existing
Level of Service is below "C" prevent where possible further
degradation due to new development or expansion of existing
development with a three part mitigation program: adjacent
right-of-way dedication, access improvements and/or an area-wide
impact fee. The area-wide impact fee would be used where the
physical changes for mitigation are not possible due to existing
development and/or the mitigation measure is part of a larger project,
such as freeways, which will be built at a later date.
The "level of service (LOS)" will not degrade below LOS "C" due to
implementation of mitigation measures stated in the traffic study
required for this project and the mitigation measures provided by the
public works department.
Policy No. 17 - (Second paragraph)
Allow for the intensification and development of existing commercial
areas in an infill fashion.
Subject site is located adjacent to and in close proximity to "GC"
property; proximity to "GC" designated property, the subject site, with
approval of the requested "GC" designation, is considered infill of a
commercial area.
Policy No. 20 - Locate major (regional) commercial uses in proximity
to existing regional centers (such as Valley Plaza and East Hills Mall),
and in proximity to future regional serving commercial centers in the
-- Page 2 of 5 Pages --
downtown, southwest, northwest and northeast, as designated on the
Land Use Po/icy Map.
Subject site is located within the southwest "mixed use center"
adjacent to the "Market Place." The proposed retail establishment
would serve the neighborhood area.
Policy No. 37 - Enhance existing and established new centers as the
principal focus of development and activity in the planning area,
around which other land uses are grouped. Centers should be linked
by adequate transportation facilities and may be linked to the Kern
River, canals or other resource amenities. Centers may be
differentiated by functional activity, density/intensity, and physical
character.
Development of the subject site to commercial land uses will enhance
and complement existing commercial, residential and industrial
development within the "southwest mixed use center". The Kern
River Bike Path is located near the proposed project.
Policy Nos. 42 and 43 - (42) Provide for the establishment of the
following new major centers as the focus of development in the
planning area:
a) Southwest;
b) Northwest: and
c) Northeast.
(43) Allow for the development of a center in southwest Bakersfield
which is the focal point of activity and includes a mix of professional
office and retail uses, moderate density residential, and filters outward
to lower suburban-type densities ....
The proposed GPNZC will further the establishment of a "center"
concept in the southwest. Development of the site would make a
commercial use (retail) available to serve the residential and office
commercial in the southwest area.
7. The proposed commercial designation is consistent with the level of
circulation access and public services presently available in the area.
8. The proposed planned commercial development zone and preliminary
development plan is consistent with the General Plan and objectives of this ordinance.
The proposed development will constitute a commercial environme~ :~:,,:;~,
-- Page 3 of 5 Pages -- ~: ~
of sustained desirability and stability, and it will compliment and harmonize with the
character of the surrounding neighborhood and community.
10. 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.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
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.
123-05 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 attached Exhibit "A".
SECTION 2.
This ordinance shall be posted in accordance with provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after the
date of its passage.
......... o0o .........
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
-- Page 4 of 5 Pages --
by the Council of the City of Bakersfield at a regular meeting thereof held on
NOV 1 ? 1999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, 35;.',~.~.'~, MAGGARD, COUCH, ,"~C;%'L~'G, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~)~"~C~O i,IC)
COUNClLMEMBER ['~ (~ ~ ~-.
COUNCILMEMBER ~ o t-.'.5 I.-F-5
CITY CLERK and Ex Officio C~rk of the
Council of the City of Bakersfield
APPROVED N0~/ 17 1999
BO~I~RI~Z~ ~ ,,'
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
CH:lsc
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-- Page 5 of 5 Pages --
EXHIBIT "A"
Concurrent General Plan Amendment/Zone Change
Planned Commercial Development P99-0435
Mitigation Measures/Conditions of Approval
PLANNING:
If cultural resources are unearthed during grading or construction activities, all work shall
be halted in the area of the find. A qualified archaeologist shall be called in to evaluate
the findings and recommend any necessary mitigation measures. In the event that
human remains are discovered, the County Coroner shall be contacted immediately.
Proof of compliance with any recommendations resulting from such evaluation, if
required, shall be submitted to the Southern San Joaquin Valley Archaeological
Information Center (AIC) at California State University, Bakersfield, and to the City of
Bakersfield Development Services Department, prior to final occupancy approval.
Applicant shall record a covenant which runs with the subject property and the adjacent
property which shall require the subject property owner to construct a 6-foot wall
according to City standards which shall be constructed upon written request of the
adjacent property owner.
A covenant must be recorded and submitted to the Development Services Department
prior to the issuance of any building permit. The covenant shall restrict parcels 2, 3 and
4 of Parcel Map 9542 to only those uses permitted in the existing C-O (Commercial &
Professional Office) zone.
TRAFFIC:
Based upon the conclusions of the traffic impact study prepared by Ruettgers-
Schuler, Civil Engineers, the following mitigation measures are recommended as
needed by the year 2020. The engineer is required to prepare approved estimates for
the improvements to determine the actual fee amounts.
a)
The intersection of Gosford Road at Ming Avenue - Future expansion to construct
additional east bound and west bound left turn lanes (1 existing each way at time of
study), ad north and west bound right turn lanes (none existing at time of study). Project
share is 0.53%.
b)
The intersection of Camino Media and Gosford Road - Future expansion to add a
south bound right turn lane (none existing at time of study), stripe an additional east
bound left turn lane (one existing at time of study) and modify signal as required. Project
share is 0.79%.
c) The intersection of Ming Avenue and Scarlet Oaks Boulevard - Construct traffic
signal. The project share is 4.40%.
P99-0435 Mitigation Measures/Conditions of Approval Page 2
d) The intersection of Camino Media and Scarlet Oaks Boulevard - Construct traffic
signal. The project share is 3.24%.
Additionally, the referenced traffic impact study also provided analysis for the GPA share
of the Phase II Regional Transportation Impact Fee. Based upon the study, said fee
shall be $5,155 for the Convenience Center. The fee was based upon a 5,500 SF store.
The fee equates to $937.27 per 1,000 SF.
SITE PLAN COMPLIANCE LIST:
A. DEVELOPMENT SERVICES - BUILDING (staff contact- Phil Burns 6611326-3718)
1. The applicant shall submit 4 copies of grading plans and 2 copies of the preliminary soils
report to the Building Division. You must submit a final soils report to the Building
Division before they can issue a building permit.
2. Include with the final site plan documentation, or show changes on the final plan that the
project complies with all disability requirements of Title 24 of the State Building Code.
The applicant shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for
any food handling facility, (ie. market, delicatessen, cafe, concession, restaurant) before
building permits can be issued.
Business identification signs are not considered nor approved under this review. A
separate review and sign permit from the Building Division is required for all new signs,
including future use and construction signs. Signs must comply with the Sign
Ordinance.
5. The Building Division will assess appropriate school district impact fees at the time they
issue a building permit.
B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer
(6611326-3673)
1. The minimum parking required for this project has been computed based on use and
shall be as follows:
Square Parking Required
Use Footaqe Ratio Parkinq
Convenience Market/ 5,124 sq. ft. 1 space/200 sq. ft. 26 spaces
Deli (w/patio seating) 20 seats (outside) 1 space/2 seats (outside) 10 spaces
(w/gas pumps) 4 gas pumps Credit 2 spaces/pump (-8~ soaces
Total Required: 28 spaces
(Note: 40 parking spaces are shown on the site plan.)
2. The applicant shall submit one (1) copy of the final landscape plan to the Planning
Division, and include a copy of this plan with each set of the final building plans.
P99-0435 Mitigation Measures/Conditions of Approval Page 3
Building permits will not be issued until the Planning Division has approved the final
landscape plan for consistency with approved site plans and minimum ordinance
standards (please refer to the attached standards - Chapter 17.61).
Approved landscaping, parking, and other related site improvements shall be installed
and inspected by the Planning Division before final occupancy of any building or site.
Please schedule final inspections with Dave Reizer (661/326-3673).
Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A).
Lights shall be designed, arranged, and shielded to reflect light away from adjacent
residential properties and streets. All light fixtures shall be between 15' and 40' above
grade with illumination evenly distributed across the parking area. Lighting direction and
type of light fixture shall be shown on the final site plan or included with the building
plans.
Habitat Conservation fees shall be required for this project and will be calculated based
on the fee in effect at the time we issue 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 ofthe
fee, the applicant will receive acknowledgment of compliance with Metropolitan
Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section
3.1.4). This fee is currently $1,240 per gross acre, payable to the City of Bakersfield
(submit to the Planning Division).
Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel,
hospital, church, school) shall be completely screened by parapets or other finished
architectural features constructed to a height of the highest equipment, unfinished
structural element or unfinished architectural feature of the building.
FIRE DEPARTMENT (staff contact- Grey Yates 6611326-3939)
Show on the final site plan all on-site fire hydrant locations and required fire flows.
Based upon available information, the minimum fire flow requirement will be 3500
gallons per minute.
The applicant shall install 4 fire hydrants as shown by staff on the returned site plan. All
fire hydrants must be purchased from the Fire Department. These hydrants must be
installed and in working order before building permits can be issued to assure that
adequate fire protection can be available during construction unless other arrangements
for such protection are approved by the Fire Department.
The applicant shall give the Fire Department one set of the engineered water plans
before the issuance of any building permit.
The applicant shall obtain all necessary approvals from the Fire Department for fuel
tanks or related facilities before they are installed on the site.
All access (permanent and temporary) to and around any building under construction
must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent
water pending. Barricades must be in place where ditches and barriers exist in or cro~e~,~; ~:
roadways. Emergency vehicle access must always be reliable. ?~ ~,
P99-0435 Mitigation Measures/Conditions of Approval Page 4
If you handle hazardous materials or hazardous waste on the site, the Environmental
Services Division of the Fire Department may require a hazardous material management
plan before you can begin operations. Please contact them at 661/326-3979 for further
information.
If you treat hazardous waste on the site, the Environmental Services Division of the Fire
Department may require a hazardous waste "Tiered" permit before you can begin
operations. Please contact them at 661/326-3979 for further information.
If you store hazardous materials on the site in either an underground or a permanent
aboveground storage tank, a permit from the Environmental Services Division of the Fire
Department is required to install and operate these tanks. The Environmental Services
Division may also require a Spill Prevention Control and Countermeasure Plan before
you can begin operations. Please contact them at 661/326-3979 for further information.
PUBLIC WORKS - ENGINEERING (staff contact- Harry Afshar 661/326-3576)
The applicant shall construct standard handicap ramps at the northeast corner of Liberty
Park Drive and Haggin Oaks Boulevard and the southeast corner of Haggin Oaks
Boulevard and Camino Media according to adopted city standards. These
improvements shall be shown on the final site plan submitted to the Building Division
before any building permit will be issued.
The applicant shall construct new connection(s) to the public sewer system. This
connection shall be shown on the final site plan submitted to the Building Division before
any building permit will be issued.
All driveways, vehicular access and parking areas shall be paved with a minimum of 2"
Type B, A.C. over 3" Class II A.B. according to the Bakersfield Municipal Code (Sections
15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer. This
standard shall be noted on the final site plan submitted to the Building Division before
any building permit will be issued.
If a grading plan is required by the Building Division, a building permit will not be issued
until the grading plan is approved by both the Public Works Department and Building
Division.
Before you occupy any building or site, you must reconstruct or repair substandard off-
site improvements to adopted city standards as directed by the City Engineer. Please
call the construction superintendent at 661/326-3049 to find out what improvements will
be required.
You must obtain a street permit from the Public Works Department before any work can
be done within the public right-of-way (streets, alleys, easements). Please include a
copy of this site plan review decision to the department at the time you apply for this
permit.
A sewer connection fee shall be paid at the time a building permit is issued. We will
base this fee at the rate in effect at the time a building permit is issued.
P99-0435 Mitigation Measures/Conditions of Approval Page 5
A transportation impact fee for regional facilities shall be paid at the time a building
permit is issued, or if no building permit is required, before occupancy of the building or
site. This fee will be based at the rate in effect at the time the permit is issued. Based on
the fee schedule currently in effect and the proposed use, the rate would be $35.00 for
each vehicular trip. The Public Works Department will calculate an estimate of the total
fee when you submit construction plans for the project.
E. PUBLIC WORKS - SOLID WASTE (staff contact- John Wilburn 6611326-3114)
1. Show on the final plan I (one), 8' x 10' inside dimensions refuse bin enclosure designed
according to adopted city standards (Detail #S-43).
Before building permits can be issued or work begins on the property, you must contact
the staff person above to establish the level and type of service necessary for the
collection of refuse and/or recycled materials.
Facilities that require infectious waste services shall obtain approval for separate
infectious waste storage areas from the Kern County Health Department. In no
instances shall the refuse bin area be used for infectious waste containment purposes.
4. Facilities that require grease containment must provide a storage location that is
separate from the refuse bin location.
5. Facilities that participate in recycling operations must provide a location that is separate
from the refuse containment area.
The Solid Waste Division will determine appropriate service levels for refuse collection
required for a project. These levels of service are based on how often collection occurs
as follows:
Can or cart service --
Front loader bin service --
yards/day
Roll-off compactor service --
1 cubic yard/week or less
1 cubic yard/week - 12 cubic
More than 12 cubic yards/day
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CITY OF BAKERSFI£L~
ZONING MAP 123- 05
SEC. 05
LEGENO
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Brookside
@ The Oaks
Haggin Oaks Blvd. and Camino Media
Bakersfield, California
EXHIBIT
Zone Change Case P99-0435
C-O to Planned Commercial Development
Legal Description
PARCEL I OF PARCEL MAP NO. 9542 FILED IN BOOK 44 OF PARCEL MAPS AT
PAGES 14-15, IN THE COUNTY RECORDER'S OFFICE, BEING A PORTION OF THE
SOUTH HALF OF SECTION 5, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M. IN THE
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, ALSO DESCRIBED
AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF HAGGIN OAKS
BOULEVARD AND CAMINO MEDIA; THENCE S 89° 11' 10' E, ALONG THE CENTERLINE
OF CAMINO MEDIA, 258.27 FEET; THENCE S 00° 48' 50' W, 45.00 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL 1, AND THE TRUE POINT OF BEGINNING;
THENCE (1)
S 00° 48' 50' W, 240.05 FEET TO THE SOUTHEAST CORNER
OF SAID PARCEL 1;
THENCE (2)
N 89° 10'32"W, ALONG THE SOUTH LINE OF SAID PARCEL 1,
A DISTANCE OF 193.31 FEET;
THENCE (3)
N 44° 10' 32" W, 28.28 FEET;
THENCE (4)
N 00° 49' 28' E, ALONG THE WEST LINE OF SAID PARCEL 1, A
DISTANCE OF 200.01 FEET;
THENCE (5)
N 45° 49' 09' E, 28.28 FEET;
THENCE (6)
S 89° 11' 10' E, ALONG THE NORTH LINE OF SAID PARCEL 1,
A DISTANCE OF 193.27 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINS 1.166 ACRES MORE OR LESS
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
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 17th day of November , 1999 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 3934 , passed by
the Bakersfield City Council at a meeting held on the
and entitled:
18th day of November 1999
An ordinance amending title seventeen of the Bakersfield
Municipal Code and zoning map No. 123-05 by changing the
zoning of certain property in the city of Bakersfield generally
located at the Southeast corner of Camino Media and Haggin Oaks
Blvd.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEP0'I~Y City Clerk 1'''-~
S:\DOCUMENT~AOPOSTING
November 18, 1999