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HomeMy WebLinkAboutORD NO 4181ORDINAN(3E NO. 4 1. 8 1_ AN ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE CONCERNING OFFICIAL ZONE MAP NO. 102-19 CHANGING THE ZONE DISTRICT FROM A P(3D (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A REVISED P(3D ZONE ON 0.50 ACRES, AND FROM A (3-2 (REGIONAL COMMERCIAL) ZONE TO A PCD ZONE ON 1.8 ACRES TO CONSTRUCT A 59,325 SQ. FT. EXPANSION TO AN EXISTING MINI STORAGE FACILITY AT 3201 CALLOWAY DRIVE (FILE NO. Z(3 03-1361) 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 at 3201 Calloway Drive, and as hereinafter described and as set forth and designated upon Zoning Map No.102-19 (Exhibit (3) incorporated within and made part of Title Seventeen of the Bakersfield Municipal Code, more thoroughly described in the legal description attached Exhibit D; and WHEREAS, by Resolution No. 8-04 on February 5, 2004, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 03-1361, as delineated on attached Zoning Map No. 102-19 marked Exhibit C, 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 and the Council has considered said findings and all are true and correct; and WHEREAS, the law and regulations relating to CEQA and City of Bakersfield's (3EQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, the project was deemed exempt from CEQA and a Notice of Exemption was prepared 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: 1. All required public notices have been given -1- ORIGINAL = The provisions of the California Environmental Quality Act (CEQA) have been followed. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to a PCD zone. 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 commemial environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community. 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. The site plan and conditions of approval, attached hereto as Exhibits A and B, respectively, are needed to provide for orderly development, and the public health, welfare and safety. 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. 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. 102-19 marked Exhibit C attached hereto and made a part hereof, and are more specifically described in attached Exhibit D. Such zone change is hereby made subject to the site plan and conditions of approval listed in attached Exhibits A and B, respectively. -2.- ORIGINAL 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. ........ -o0o ...... 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 MAR 2 4 2004 by the following vote: NOES: COUNClLMEMB£R COUNClLMEMBER COUNClLMEMBER COUCH, CARSON, BENHAM, MAGGARD, I'~,SULLIVAN, SALVAGGIO COUNCILMEMBER PAMELA A. McCARTHY,.OMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield MAR ~ 4 2004 APPROVED HARVEY L. HALL / Mayor of the City of BakerSfield APPROVED aSl~om VIRGINIA GEN City Attorney . ? -- /, /: I J Exhibits: A. Site Plan B. Conditions. C. Zone Map 102-30. D. Legal Description. -3- ORIGINAL X Ill J~ ORIGINAL PCD/ZC #03-1361 Page 1 EXHIBIT B CONDITIONS OF APPROVAL AND ORDINANCE COMPLIANCE FOR PCD/ZONE CHANGE NO. 03-1361 The following are specific items that you need to resolve before you can obtain a building permit or be allowed occupancy. These items include conditions and/or mitigation required by previous site entitlement approvals (these will be specifically noted), changes or additions that need to be shown on the final building plans, alert you to specific fees, and other comments that will help you in complying with the City's development standards. The item will note when it is to be completed and each has been grouped by department so that you know who to contact if you have questions. A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 661/326-3718) The developer shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. A final soils report shall also be submitted to the Building Division before they can issue a building permit. Please note that approved grading plans must also match final building site plans and landscaping plans. The developer shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that are within 20' of property lines if it is commercial, or 5' of property lines if it is residential. Include with or show on the final building plans information necessary to verify that the project complies with all disability requirements of Title 24 of the State Building Code. Structures exceeding 10,000 square feet in area shall require installation of an automatic fire sprinkler system. Business identification signs are no~t 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 (Chapter 17.60 of the Bakersfield Municipal Code). The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673) All parking lots, driveways, drive aisles, loading areas, and any other vehicular access ways, shall be paved with concrete, asphaltic concrete (A. C.), or other paved street surfacing material in accordance with the Bakersfield Municipal Code (Sections 15.76.020 and 17.58.050 N.). ~ ~"E~9~p~, ORIGIN.~L PCD, rZc #03-1361 Page 2 Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A). Illumination shall be evenly distributed across the parking area with light fixtures designed and arranged so that light is directed downward and is reflected away from adjacent residential properties and streets. Use of glare shields or baffles may be required for glare reduction or control of back light. All light poles, standards and fixtures, including bases or pedestals, shall not exceed a height of 40' above grade. The final building plans shall include a picture or diagram of the light fixtures being used and show how light will be directed onto the parking area. Please note that staff can require additional adjustments to installed lighting after occupancy to resolve glare of other lighting problems that effect adjacent properties. 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 of the 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). This fee must be paid before any grading or other site disturbance occurs. Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel, hospital, church, school), and industrial buildings adjacent to residentially zoned properties, 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. Open storage of materials and equipment shall be surrounded and screened with a solid wall or fence (screening also applies to gates). This fence shall be at least 6 feet in height and materials shall not be stacked above the height of the fence. (Note: A taller fence is allowed in commercial and industrial zones. A building permit is only required for fences and walls over 6feet in height.) Refuse collection bin enclosures and container areas are subject to all required structural setbacks from street frontages, and shall not reduce any parking, loading or landscaping areas as required by the zoning ordinance. In the event a previously undocumented oil/gas well is uncovered or discovered on the project site, the developer is responsible to contact the Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR). The developer is responsible for any remedial operations on the well required by DOGGR. The developer shall also be subject to provisions of BMC Section 15.66.080 (B.). ORIGIN.~L PCD/ZC #03-1361 Page 3 Prior to receiving final building or site occupancy, you must contact the Planning Division (staff contact noted above) for final inspection and approval of the landscaping, parking lot, lighting, and other related site improvements. Inspections will not be conducted until all required items have been installed. Any deviations from the approved plans without prior approval from the Planning Division may result in reconstruction and delays in obtaining building or site occupancy. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706) 1. Show on the final building plans the following items: All fire hydrants, both offsite (nearest to site) and on-site. Include flow data on all hydrants. Hydrants shall be in good working condition and are subject to testing for verification. Fire flow requirements must be met prior to construction commencing on the project site. Please provide 2 sets of the engineered water plans to Dave Weirather. (Note: All new fire hydrants must be purchased from the Fire Department.) Project address, including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. c. Name and phone number of the appropriate contact person. The developer shall show on the final building plans a minimum 20' wide all-weather emergency access with an overhead clearance of 13'6~ within 150' of all buildings on the project site. The Fire Department must approve the final location and design of this access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. 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 ponding. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. D. PUBLIC WORKS - ENGINEERING (staff contact- George Gillburg 661/326-3997) All on-site areas required to be paved (ie. parking lots, access drives, loading areas, etc.) shall consist of concrete, asphaltic concrete (Type B, A. C.) or other paved street material approved by the City Engineer. Pavement shall be a minimum thickness of 2 inches over 3 inches of approved base material (ie. Class II A. B.). This paving standard shall be noted on the final building plans submitted to the Building Division before any building permits will be issued. PCD/ZC #03-1361 Page 4 If a grading plan is required by the Building Division, building permits will not be issued until the grading plan is approved by both the Public Works Department and Building Division. 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 building permit is issued. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. Provide a drainage study showing that the sump is of adequate size, and a soil survey to show that the sump will drain in no more than 7 days. The sump must be fenced if it is more than 18" deep. Provide evidence that PG&E will allow the sump in their easement. Provide a gate to the sump from the site to allow access for maintenance vehicles. The developer shall maintain the sump in accordance with city regulations. PUBLIC WORKS -SOLID WASTE (staff contact - John Wilburn 661/326-3114) You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and/or recycled materials. Collection locations must provide enough containment area for the refuse that is generated by the businesses without violating required zoning restrictions (see Planning Division items). Levels of service are based on how often collection occurs as follows: · Can or cart service -- .Front loader bin service -- .Roll-off compactor service -- 1 cubic yard/week or less 1 cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day Show on the final building plans 1 (one), 8' x 10' (inside dimension) refuse bin enclosure designed according to adopted city standards (Detail #S-43). Before occupancy of the building or site is allowed, 1 (one), 3 cubic yard front loading type refuse bin shall be placed within the required enclosure. SABZA_SPh'xForm~¥cd-zd~O3-1361Xapr, ltr. doc -r X I~1 ZONE CHANGE 03-1361 ZONING MAP 10~19 ~ ORIGIE~.L EXHIBIT D Description of property for zone change from C-2 & PCD to PCD The west 167.75 feet of Parcel 'B' of Parcel Map 9846 in the City of Bakersfield, County of Kern, State of California, as per map recorded August 8,1997 in Book 48, Pages 184 & 185 of Parcel Maps, in the office of the County Recorder of said County. Also, the south 30.00 feet of the east 808.37 feet of Parcel 'A' of Parcel Map 9846 in the City of Bakersfield, County of Kern, State of California, as per map recorded August 8,1997 in Book 48, Pages 184 & 185 of Parcel Maps, in the office of the County Recorder of said County. Affects Assessor's Parcels 450-040-47 & 48 ORIGII'LAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kem ) 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 March , 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4181 , passed by the Bakersfield City Council at a meeting held on the 24th day of March, 2004 and entitled: AN ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE CONCERNING OFFICIAL ZONE MAP NO. 102-19 CHANGING THE ZONE DISTRICT FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A REVISED PCD ZONE ON 0.50 ACRES, AND FROM A C-2 (REGIONAL COMMERCIAL) ZONE TO A PCD ZONE ON t.8 ACRES TO CONSTRUCT A 59,325 SQ. FT. EXPANSION TO AN EXISTING MINI STORAGE FACILITY AT 3201 CALLOWAY DRIVE (FILE NO. ZC 03- 1361) /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPI.O,~TY City Clerk ORIGIH.~L