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
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ORIGINAL
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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.
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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.
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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.
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ORIGINAL
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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.).
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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
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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