Loading...
HomeMy WebLinkAboutORD NO 3957 3957 ORDINANCE NO. AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 122-01 AND 123-06 BY CHANGING THE ZONING FROM AN R-I(ONE FAMILY DWELLING) ZONE TO A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE ON 13.65 ACRES GENERALLY LOCATED SOUTH OF STOCKDALE HIGHWAY, WEST OF BUENA VISTA ROAD TO ALLOW A 102,222 SQUARE FOOT NEIGHBORHOOD SHOPPING CENTER (FILE NO. P99-0919). 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 south of Stockdale Highway, west of Buena Vista Road; and WHEREAS, by Resolution No. 24-00 on February 17, 2000, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a PCD (Planned Commercial Development) zone as delineated on attached Zoning Map Nos. 122-01 and 123-06 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 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 was advertised and posted on or before January 29, 2000, 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. 2. The provisions of CEQA have been followed. Based on an initial study, the proposed Negative Declaration is adequate. General Plan. The zone change is consistent with the Metropolitan Bakersfield 2010 5. The 13.65 acre project site to be zoned PCD (Planned Commercial Development) is subject to the site plan and conditions of approval for PCD Zone Change P99-0919. 6. The proposed planned commercial development zone and preliminary development plan are consistent with the general Plan and objectives of this ordinance. 7. The proposed planned commercial 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. 8. The proposed planned commercial development justifies exception from the normal application of this code im that it integrates such elements as the location of structures, circulation pattern, parking, landscaping and utilities, together with a program for provision, operation, and of all areas, improvements, facilities and services provided on the property. 9. The 13.65 acre project site to be zoned to a PCD (Planned Commercial Development) zone, subject to conditions of approval as shown in attached Exhibit "An, is adequate in size and configuration to provide a commercial environment of sustained desirability and stability. 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 Nos. 122-01 and 123-06 marked Exhibit "C" 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 "A" and PCD plans depicted in Exhibit "D". 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. 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 9 2000 , by the following vote: 2 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUC H,..~-':C';;L'- C, SULLIVAN, SALVAGGIO COUNClLMEMBER I'~ O I,J COUNClLMEMBER I~t ". ~ ~ COUNCILMEMBER .~O t.~ //),/CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 29 2000 B(~ PreCiS/,I MAYOR of ttle City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ~~"-' Exhibits: B. C. D. Conditions Legal Description Zone Maps PCD Plans EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CONDITIONS AND MITIGATION MEASURES P99-0919 DISCRETIONARY: PUBLIC WORKS Based upon the supplemental traffic study, traffic mitigation fees shall be paid upon issuance of building permits as follows: the regional traffic impact fee share is $264,734 ($2,430.88 per 1,000 s.f. of gross leaseable floor area); and a local traffic mitigation fee of $16,132 ($149.21 per 1,000 s.f. of gross leaseable floor area) Traffic impact fee credits will be given for construction of those projects on the Regional Transportation Facilities List in Council Resolution 128-97. A~so based upon the supplemental traffic study, provide an offer of dedication for an additional eastbound right turn land on Stockdale Highway and Buena Vista Road. Site development shall .be compatible with the future dual right turn lanes. Dedicate right of way for and construct right turn lanes at each entrance into the site off Stockdale Highway and Buena Vista Road. Access at those sites shall be limited to right in, right out turning movements. The developer shall pay his proportionate share of the cost for the future construction of landscaped median islands in Stockdale Highway from Buena Vista Road to the Kern River bddge. The developer shall construct the median for a distance of 100 feet west of River Parkway and shall construct the median left turn bay east of River Parkway to permit only westbound to southbound left turns at River Parkway, or another type of turn restdctor shall be constructed, as approved by the City Engineer. River Parkway shall be constructed full width from Stockdale Highway to River Run Boulevard. Stockdale Highway shall be constructed from Buena Vista Road westerly to tie into the Kem River bridge improvements. Stockdale Highway widening may affect existing channelization east of Buena Vista Read. Construction plans shall provide sufficient detail to ensure proper channelization occurs through the intersection. The west half of Buena Vista Road shall be constructed from Stockdale Highway southerly to the south side of the canal. Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 2 Dedicate sufficient right of way so the meandering sidewalks will remain within street right of way. 10. All site signs shall be located outside street rights of way. 11. Provide a grading and drainage plan for the site to be approved prior to submitting the final development plan. The City will have no maintenance responsibilities for the on-site drainage system. 12. Submit a soil report with R values and percolation tests for any retention basin site, and paving calculations for paved areas. 13. Identify curb lines, right of way lines, public easements, etc. 14. Show existing improvements along with those improvements which will be removed and replaced. 15. Install 100 watt and 200 watt HPSV street lights as shown on the plan. The poles are to be foundation mounted steel poles with steel mast arms. 16. Traffic signal interconnect conduit shall be installed with all major street construction. 17. Engineered improvement plans for turn lanes, connections to the public sewer, and other public improvements shall be submitted to and approved by the City Engineer prior to submitting the final development plan. PLANNING Freestanding pads depicted as fast food/drive through uses may be developed with general retail uses having equal or fewer traffic and parking impacts. Square footages of individual structures can be less than that depicted on the plan but cannot exceed a 5% increase in the square footage shown on the plan. However, the developer may increase the allowable square footage of Pad 2 by a maximum of 2,800 square feet. In the event this increase, or a portion thereof, is implemented by developer, the square footage on the remaining pads shall be reduced as needed to comply with the City Parking Ordinance requirements. 4 No reduction in required parking is approved as part of the PCD. Loss of parking due to compliance with conditions of approval shall be accommodated through reduced building square footage or use demand for parking, and not through reduced landscaping. Landscaping along Stockdale Highway may be reduced to 20 feet in width if necessary to accommodate the additional right turn lane. Freestanding pad areas not being built on shall be treated with a dust binder or turfed and shall be fenced off with rail fencing or protected by curbing to exclude parking and traffic from entering the pad area. Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 3 9. 10. 11. 12. A comprehensive sign plan is required for this PCD project. No signage shall be permitted prior to approval of a comprehensive sign plan, Prior to issuance of a building permit, revised tentative tract 5951 (applicable phase) shall be recorded depicting the parcel/street configuration shown on the PCD Plans. The drive-up window(s) for Pad 1 shall be located on the north side of the pad, facing Stockdale Highway. No amplification at the drive-up window(s) shall be allowed at Pad 4. Along River Parkway trees shall be at least 90 percent evergreen variety. Site design for Pad 4 shall include screening on the south side of the building incorporating a wall and/or landscaping that effectively screens the sound from menu speakers and the drive-up window subject to the approval of the Planning Director. The applicant shall submit a lighting plan for the project that establishes the height of the light standards and appropriate screening to prevent lighting from filtering into adjacent properties. Said plan shall be subject to approval by the Planning Director. The sidewalk in front of Major A shall be extended in some fashion to connect to the sidewalk along River Run Boulevard. Said extension shall be subject to approval by the Planning Director. CONDITIONS/MITIGATION CARRIED OVER FROM GPA P99-0203 Public Health and Safety Agricultural Use of Property/Adjacent Properties Prior to issuance of any grading permit, the project applicant shall perform soil tests to determine concentrations of pesticide and fungicide residues which may be present within the project sites. Should contaminant levels be in excess of acceptable Federal, State and/or County levels, the project applicant shall identify and implement remedial action, subject to approval by the City of Bakersfield and responsible regulatory agencies to reduce contaminants to acceptable levels. Valley Fever At the initial construction meeting prior to grading activities, all construction workers must be informed as to the symptoms of Valley Fever. Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 4 Traffic and Circulation Tdp Generation and Distribution Prior to the issuance of building permits, the project applicant(s) shall comply with the Metropolitan Bakersfield Transportation Impact Fee Program. The project applicants shall participate in the improvements required on a pro-rata fair-share basis as provided in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION PRO-RATA SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental Traffic Impact Study for Buena Vista & Kern River Ranch Cumulative Impact, dated June 1997. To accommodate 2020 cumulative traffic plus Buena Vista and Kern River Ranch project traffic volumes, the above referenced fees shall be used to provide the following improvements: Intersection Improvements Rosedale Hiqhwa¥ and Renfro Road: add eastbound through lane and westbound through lane (LOS C); Rosedale Hiqhway and Fruitvale Drive: add southbound left turn lane and southbound dght turn lane (LOS C); Brimhall Road and Allen Road: add eastbound left turn lane, westbound left turn lane, northbound through lane, and southbound through lane (LOS C); Brimhall Road and Calloway Drive: add southbound right turn lane (LOS C); Stockdale Highway and Heath Road: provide exclusive turn lanes for southbound approach (LOS B); Stockdale Highway and Renfro Road: add eastbound lane (LOS C); Stockdale Highway and Allen Road: add northbound left turn lane, northbound through lane, southbound left Turn lane, southbound through lane, eastbound left turn lane, eastbound right turn lane, and westbound left turn lane (LOS C); Stockdale Hi.qhway and Buena Vista Road: add westbound left turn lane and eastbound right turn lane (LOS C); Kern River Ranch Entrance #1 and Buena Vista Road: add eastbound left turn lane, eastbound right turn lane, northbound left turn lane, and southbound right turn lane (with Kern River Ranch) (LOS B); Deer Peak Drive and Buena Vista Road: add northbound through lane, southbound through lane and southbound left turn lane (LOS B); Min.q Avenue and Allen Road: add westbound left turn lane, northbound right turn lane, and two southbound left turn lanes (LOS B); Ming Avenue and Buena Vista Road: full expansion per City of Bakersfield's Standard Detail T-4 (LOS C); Min.q Avenue and Ashe Road: add northbound left turn lane (LOS C); Chamber Boulevard and Buena Vista Road: provide two left turn lanes/one through lane/one right turn lane for eastbound approach, one left turn lane/one through lane/one right turn lane for westbound approach, one left turn lane/two through, lanes/one right turn lane for northbound approach, and one left turn lane/two through lanes/one right turn lane for southbound approach (with Buena Vista) (LOS C); Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 5 White Lane and Buena Vista Road: add two eastbound left turn lanes, eastbound dght turn lane, northbound through lane, northbound right turn lane, southbound left turn lane, southbound through lane, and southbound right turn lane (LOS C); and Panama Lane and Gosford Road: add northbound left and southbound left (LOS A). Segment Improvements Rosedale Hiqhway (Calloway Ddve to Fruitvale Avenue): widen to six lanes (LOS A); Brimhall Road (Jewetta Road to Calloway Road): widen to four lanes (LOS A); Stockdale Highway (Buena Vista Road to Old River Road): widen to six lanes (LOS A); Stockdale Highway (Gosford Road to Ashe Road): widen to six lanes (LOS A); Stockdale Hiqhway (Real Road to Wible Road): widen to six lanes (LOS A); Min,q Avenue (Allen Road to Buena Vista Road): widen to four lanes (LOS B); Taft Highway (Buena Vista Road to Old River Road): widen to four lanes (LOS A); Allen Road (Haqeman Road to Rosedale Highway): widen to four lanes (LOS A); Allen Road (Rosedale Hiqhway to Stockdale Highway): widen to four lanes (LOS C); Allen Road (Stockdale Highway to Min.q Avenue): widen to four lanes (LOS C); Buena Vista Road (Stockdale Highway to Ming Avenue): widen to six lanes/add median (LOS A); Buena Vista Road (Ming Avenue to White Lane): widen to six lanes/add median (LOS B); Buena Vista Road (White Lane to Pacheco): widen to four lanes (LOS A); and Gosford Road (Pacheco Road to Panama Lane): widen to four lanes (LOS A). Traffic Signal Warrant The applicant(s) shall participate in the improvements required on a pro-rata fair-share basis as provided in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION PRO-RATA SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental Traffic Impact Study for Buena Vista & Kern River Ranch Cumulative Impact, dated June 1997. To accommodate Year 2020 cumulative traffic with projects condition, traffic signals are projected to be required at the following intersections and the above referenced fees shall be used to provide the following improvements: Stockdale Highway and Heath Road; Stockdale Highway and Renfro Road; Kern Ri~er Ranch Entrance #1 and Buena Vista Road; Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 6 Deer Peak Drive and Buena Vista Road; Chamber Boulevard and Buena Vista Road; Pacheco Road and Gosford Road; and Ming Avenue and Allen Road. The traffic signals required as a result of the proposed project shall include an interconnect of the signals to function in a coordinated system with existing and planned signals. Air Quality Short-Term Impacts Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the dust suppression measures that shall be completed dudng construction activities in order to comply with SJVU^PCD Regulation VIII. Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJUAPCD stating the measures that shall be completed dudng asphalt paving in order to comply with SJVUAPCD Rule 4641. The construction grading plans shall include a statement that all construction equipment shall be tuned and maintained in accordance with the manufacture's specifications. The construction grading plans shall include a statement that work crews shall shut off construction equipment when not in use. Long-Term Impacts 10. The project applicant shall incorporate the following in building plans: Solar or Iow-emission water heater shall be used. Central water heating systems shall be used. Double-parted glass shall be used in all windows. Energy efficient Iow-sodium parking lot lights shall be used. One (1) bicycle rack shall be provided in each of the proposed commercial areas. Bioloqica Resources Sensitive Resources 11. Prior to the issuance of a grading permits, the project proponents shall comply with all appropriate terms and conditions of the MBHCP to the City. The MBHCP requires Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 7 certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: A preconstruction survey shall be conducted prior to site grading to search for native kit fox dens (specifically tracking shall be conducted at the potential active den located in the southeastern portion of the Kern River Ranch project site). All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they shall be inspected daily prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. Excavations shall either be constructed with escape ramps or be covered to prevent entrapment. Or the site(s) could be protected during construction, such as with a wildlife exclusion fence, which would eliminate the possibility of ranging animals from being harmed dudng construction. A~I food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting ranging kit fox or other animals. With the exception of Swainson's hawk (see following mitigation measure), impacts to special- status species on the project site are covered under the terms and conditions of the MBHCP and associated Implementing Agreement. The compensation and avoidance requirements of the MBHCP and buffer zones proposed as part of this project are consistent and follow an ecosystem management approach for endangered species, and provide adequate compensation of the Swainson's hawk and all other potentially occurring special-status species. 12. Prior to issuance of grading permit(s), the project applicant(s) shall comply with the following raptor nest mitigation requirements: If grading is proposed to occur during the raptor nesting season (February through September), a focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. If construction is proposed to take place during the raptor nesting/breeding season (February through September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Trees containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October through January). Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 8 13. The presence of any previously unidentified protected species which are not addressed in the MBHCP, including those protected under the Federal Migratory Bird Treaty Act, should be avoided and evaluated by a qualified biologist pdor to construction. The Fish & Wildlife Service (USFWS) and California Department of Fish & Game (CDFG) should be notified of previously unreported protected species. Any unanticipated take of protected wildlife shall be reported immediately to the CDFG and USFWS. Cultural Resources Paleontoloqy 14. If archeological or paleontological resources are discovered dudng excavation and grading activities on-site, the contractor shall stop all work and the developer shall retain a qualified archeologist to evaluate the significance of the finding and appropriate course of action. Salvage operation requirements in Appendix K of the California Environmental Quality Act Guidelines shall be followed and the treatment of discovered Native American remains shall comply with State codes regulations of the Native American Heritage Commission. Archaeoloqy 15. An archaeological monitor shall be present at CA-KER-3962 dudng any subsurface construction activities. If significant cultural resources are discovered during monitoring, more testing or data recovery may be required. 16. Should human remains be discovered at any time on any portion of the project, work shall halt and the coroner be notified immediately (Section 7050.5 of the Health and Safety Code). In the absence of an archaeological monitor, a qualified archaeologist and the local Native Amedcan community, shall also be notified. Public Services and Utilities Schools 17. The following miti.qation measure applies to the Kern River Ranch proiect site in Lieu of 5.10-3b in the event that the Kern County Board of Supervisors orders the transfer of territory within the project site to the Panama-Buena Vista Union School District pursuant to Education Code Section 35765: "Prior to issuance of a building permit for any residence within the project area, the Kern High School District and Panama- Buena Vista Union School District must be paid the amount of $4.06 per square foot of assessable space (as defined in Section 65995 of the Government Code) for each such residence for the purpose of providing school facilities. This amount shall increase in even numbered years according to the adjustment for inflation determined by the State Allocation Board for Class B construction at its January meeting, which Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 9 increase shall be effective as of the date of that meeting. Payment shall not be required to a distdct which has certified in writing that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding." Water 18. The City's normal fire protection service flows are 2,500 gallons per minute (g.p.m.). In certain areas and in certain zoning, fire flow requirements (as determined by the City and/or County Fire Department) are in excess of the 2,500 g.p.m, limit. Fire flow requirement in excess of 2,500 g.p.m, shall require developer fees of $0.50/g.p.m./acre in excess of 2,500 g.p.m, or equivalent facilities. 19. Pdor to filing a final tract/parcel map, the developer/owner shall record a covenant for each lot in the subdivision prohibiting the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. The individual property owner is not restricted from using the groundwater under their land for use on their overlying subdivided land. 20. City fees for inspection of installation of water facilities are currently calculated at four (4) percent of the estimated construction costs of the in-tract water facilities. In addition, a $10 meter installation fee for each service will be assessed for two inch (2") and less in size. The inspection fees are due and payable to the City by the landowneddeveloper within thirty (30) days of invoice. 21. Prior to final recordation of the map for the subdivision, water availability fees for water service facilities are due and payable. Fees are authorized by Bakersfield Municipal Code 14.04.120(B). And set by the City of Bakersfield Water Board with concurrence of the Bakersfield City Council. As of this date, the fees are set at $2,000 per gross acre. This tract contains approximately 13.65 acres, therefore, fees due are $27,300. However, the fees may be paid upon further subdivision or phasing of the tract. 22. All water mains, service connections, and fire hydrants shall be installed by developer and dedicated to the City. Plans and specifications for such water mains and Appurtenances shall be prepared aby or approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. Parks 23. Applicant shall record, prior to issuance of any building permit, CC & R's (Conditions, Covenants and Restrictions) which state that the site will be annexed to the park maintenance district for the 30-acre park site located along the north side of Stockdale Highway near Buena Vista Road and make payment of 25% of the annual maintenance costs for the 30-acre park, which will run with the project site. Applicant shall further annex the site to the park maintenance district for the 30-acre park pdor to issuance of any building permit for the site. Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 10 24. Applicant shall pay to the city of Bakersfield, pdor to the issuance of any building permit on the project site, $100,000 for development of the 30-acre park located along the north side of Stockdale Highway and Buena Vista Road. SITE PLAN REVIEW CONDITIONS The following are specific items that the Site Plan Review Committee has noted that you need to resolve before you can obtain a building permit or be allowed occupancy. These items may include changes or additions that need to be shown on the final building plans, alert you to specific fees, and/or are comments that will help you in complying with the City's development standards. Each item will note when it is to be completed and they have been grouped by department so that you know who to contact if you have questions. A. DEVELOPMENT SERVICES - BUILDING (staff contact- Phil Burns 66'1/326-3718) 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. 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. Structures exceeding 10,000 square feet in area shall require installation of an automatic fire sprinkler system. 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 (Chapter 17.60). 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 6611326- 3673) The minimum parking required for this project has been computed based on use and shall be as follows.: Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 11 Use Square Footage Parking Ratio Required ParkinR Shopping Center *(1't 35,000 sq. ft.) (4 space credit) *(In excess of 35,000 sq. ft.) Pad 1 (Restaurant) (2 space credit) Pad 2 (Convenience Market w/Gas Station 35,000 sq. ft. 49,722 sq. ft. 5,500 sq. ft. 3,000 sq. ft. 1 space/200 sq. ft. 1 space/250 sq. ft. 1 space/ 75 sq. ft. 1 space/200 sq. ft. & Fast Food w/drive-thru) (drive-thru/6 Gas Pumps)(Credit 14 spaces) Pad 3 (Retail) 5,500 sq. ft. 1 space/300 sq. ft. Pad 4 (Restaurant) (2 space credit) 3,500 sq. ff. 1 space/ 75 sq. ff. Total Required 175 spaces 195 spaces 71 spaces 15 spaces (-14 spaces) 18 spaces 45 spaces 505 spaces SUMMARY 505 Spaces Required 506 Provided 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. 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, lighting, 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 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). Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 12 6. 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. Open storage of materials 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. C. FIRE DEPARTMENT (staff contact- Greg Yates 66'1/326-3939) 1. Show on the final site plan: All fire lanes as indicated on the retumed plans, or as they may be modified by the Fire Department. Spacing between each sign identifying the fire lane must also be shown on the final plan that meets minimum city standards. The applicant shall install all required fire lane signs before occupancy of any building or portion of any building is allowed. Both offsite (nearest to site) and on-site fire hydrants with required fire flows. New fire hydrants shall be sited and installed in accordance with the latest adopted version of the California Fire Code. Hydrants must be in working order to assure that adequate fire protection is available during construction unless other arrangements for such protection are approved by the Fire Department. Please provide 2 sets of the engineered water plans to Greg Yates. (Note: All new fire hydrants must be purchased from the Fire Department.) If the project has fire sprinkler or stand pipe systems. The Fire Department will issue guidelines for connection locations (FDC) when automatic sprinkler and stand pipe systems are required. 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. e. Name and phone number of the appropriate contact person. The applicant must request an inspection of any underground sprinkler feeds at least 24 hours before they are buried. The Fire Safety Control Division (1715 Chester Avenue, Suite 300, Bakersfield, CA; Ph. 661/326-3951) must complete all on-site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. The applicant shall show on the final plan and install a 20' wide all-weather emergency access as indicated by staff on the returned site plan. The Fire Department must approve the final location and design of this access prior to building permits being issued. Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 13 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. The applicant shall obtain all necessary approvals from the Fire Department for fuel tanks or related facilities before they are installed on the site. Please contact the Environmental Services Division at 661/326-3979 for further information. PUBLIC WORKS - TRAFFIC (staff contact- George Gillburg 66'1/326-3997) Street return type approach(es), if used, shall have 20' minimum radius returns for interior driveways and 30' minimum radius returns for street intersections as shown on the returned plan. Two-way drive aisles shall be a minimum width of 24 feet. If perpendicular (90 °) parking spaces are proposed where a vehicle must back into these aisles, the minimum aisle width shall be 25 feet. All drive aisle widths shall be shown on the final plan. The angled parking in front of Major A must meet minimum space size or aisle width requirements. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 66tl326-3'114) Show on the final plan 5, 10' x 20' refuse bin enclosures designed according to adopted city standards (Detail #S-43). Before occupancy of the building or site is allowed, 12, 3 cubic yard front loading type refuse bins shall be placed within the required enclosures. 2. Show on the final plan 2 compactor roll-off bin location(s). Before building permits can be issued or work begins on the property, you must contact the staff person noted above to establish the level and type of service necessary for the collection of refuse and/or recycled materials. Facilities that require grease containment must provide a storage location that is separate from the refuse bin location. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 14 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 Each Pad shall have an individual refuse containment area large enough to accommodate refuse generated by facility. Each major retail, (Major A & B) shall provide roll-off type compactors for containment of refuse. F. PUBLIC WORKS - (staff contact Marian Shaw 66t/326-3724) The southerly entrance into the site on Buena Vista Road does not meet standard spacing requirements. Relocate the entrance so its centedine is at least 200' from the north end of the northwest curb return on River Run Boulevard. 2. Ensure landscaping and berms do not encroach into clear sight lines. All improvements within existing or proposed rights of way shall be constructed in accordance with City standards and policies. Each proposed pad, shop, and major use shall have its own separate sewer service with the on-site system to be approved by the Building Department. The final development plan shall reflect the approved system. The City will have no maintenance responsibilities for the on-site system. All driveways, vehicular access, and parking areas shall be paved in accordance with the engineered paving section, but shall have a minimum 2" Type lB asphaltic concrete over 3" Class II aggregate base. This shall be noted on the final development plan. Prior to occupancy of any structure, any substandard off-site improvements shall be reconstructed or repaired to City standards. The City construction superintendent may be contacted at (661) 326-3049 to schedule a site inspection to determine whether any improvements will be required. A permit is to be obtained prior to any work within public rights of way. Include a copy of the approved site plan and conditions at time of application for the permit. A sewer connection fee shall be paid at the time a building permit is issued. The fee will be based upon the rate in effect at the time of issuance of the building' permit. Exhibit A Conditions and Mitigation Measures PCD P99-0919 Page 15 10. A transportation impact fee for regional facilities shall be paid at the time of issuance of a building permit. The fee will be based on the approved traffic study and will be determined at the rate in effect at the time of issuance of the building permit. All requirements of the Kern River Ranch EIR, general plan amendment, and zone change shall be satisfied. S:~oneChange~P99-0919~XHA.wpd EXHIBIT B LEGAL DESCRIPTION EXHIBIT B PROPOSED ZONE CHANGE LEGAL DESCRIPTION THAT PORTION OF PARCEL 1 OF PARCEL MAP 10334 IN THE CITY OF BAKERSV', COUNTY OF KERN, STATE OF CALIFORNIA, FILED FOP, RF. CORD OCTOBER 10, 19961N BOOK 48 OF PARCEL MAPS AT PAGE 32 AND 33 IN THE OFFIC~ OF THE KERN COUNTY RECORDER, ALSO BEING PORTIONS OF SECTION 1, T30 S., 1t.26 E., M.D.B.& M. AND SEurtON 6, T. 30 S., R. 27 E., M.D.B. & M., MORE PARTICI~ARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF PARCEL I OF PARCEL h&AP 10334, ALSO BEING THE CEN/ERL~ IINTISKS~ON OF STOCKDALE HIGHWAY AND BUENA VISTA ROAD, THE TRUE POINT OF BEGINNING; THENCE SOUTH 16000'23" WEST ALONG THE C~-'Bri~RLINE OF BUENA VISTA ROAD, 401.19 lq:~F TO THE BEGINNING OF A CURVE. CONCAVE TO THE SOUTH- EAST HAVING A RADIUS OF 2,000.00 SOUTHWESTERLY ALONG SAID CURVE, THE CEN'P~,LINE OF BUENA VISTA ROAD, THROUGH A CENTRAL ANGLE OF 9°36'13' AN ARC LENGTH OF 335.23 ~]~i'; THENCE NORTH 83°22'38" WEST, 9.76 v'~-r TO x+m BEGINNING OF A CURVE CON- CAVE TO THE SOUTH HAVING A RADIUS OF 1,000.00 l~-~_~-r; THENCE WESTERLY ALONG SAID CUKVE THROUGH A CENTRAL ANGLE OF 7°00'3F' AN ARC LENGTH OF 122.32 THENCE SOUTH 89036'50" WEST, 569.00 ~'~1'; THENCE NORTH 00°23'10" WEST, 40.46 FEET TO THE BEGINNING OF A CURVE CON- CAVE TO THE SOUTHEAST HAVING A RADIUS OF 750.00 -~1; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16023'33" AN ARC LENGTH OF 214.58 NORTH 16°00'23 ' EAST, 455.49 Pier TO THE BEGINNING OF A CURVE CON- CAVE TO THE SOUTHEAST HAVING A RADIUS OF 750.00 ~-~1'; NORTHEASTmqLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18o09'57" AN ARC LENGTH OF 237.79 ]~'V;15i'; NORTH 34010'20" EAST, 88.59 F~iTO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 2,000.00 v-~_~T TO WHICH POINT A RADIAL LINE BEARS SOUTH 34010'20'' WEST; THENCE SoLrrHEASrv_2tLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°09' 57' AN ARC LENG'D{ OF 634.11 P'ld~T TO THE TRUE POINT OF BEGI~qiNG. CONTAINS: 13.65 GROSS ACRES COLE~gg 106ZC,-LEOAL EXHIBIT C ZONING MAPS STOCKO&L£ C-O CITY OF BAKERSFIELO ZONING MAP 122-01 SEC. OI T. SOS R. 26E. LEGEND C'O ¢-0 C'O ¢'0 I'/1 CiTY OF ~rAKERSFI£LD ZONING MAP ~23-o6 $~C. 06 T 308 R.2?E L£GENO EXHIBIT D PCD PLANS ./ COHC~:ZTUAL (~ S~E PLAN RIVEROAKS NEIGHBORHOOD SHOPPING CENTER I I! hLh,l,I CO~qCF. PTUAi- I.A~DSCAPE pLAN RIVEROAKS NEIGHBORHOOD SHOPPING C,'-NTER ~. t,I!!lllh SCHEMATIC ~L~/aTIo.s "',-,Y. I,hllllh RIVEROAKS NEIGHBORHOOD SHOPPING CENTER