HomeMy WebLinkAboutORD NO 4192 '4192
ORDINANCE NO. __
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP
NO.123-23) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM AN
PLANNED COMMERCIAL DEVELOPMENT (PCD) ZONE TO A
REVISED PLANNED COMMERCIAL DEVELOPMENT (PCD)
ZONE TO ALLOW A RECREATIONAL VEHICLE PARK WITH
227 SPACES AND RELATED USES ON 16.32 ACRES
LOCATED ON THE SOUTHWEST CORNER OF PACHECO
AND WIBLE ROADS (flO4-0220)
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 on the southwest corner of Pacheco and Wible Roads; and
WHEREAS, by Resolution No.35-04 on April 15, 2004, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Planned Commercial Development (PCD) zone as delineated on attached Zoning
Map No. 123-23 marked Exhibit "C", and more particularly described in attached Exhibit "D," 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 relative to changes in zoning of the subject property
from an PCD (Planned Commercial Development) zone to a Revised PCD (Planned
Commercial Development) zone, and the Council has considered said findings and all appear to
be true and correct; and
WHEREAS, the zone change consists of a request to change the zoning from a
PCD (Planned Commercial Development) zone to a Revised PCD (Planned Commercial
Development) zone, on 16.32 acres to allow development of a recreational vehicle park
consisting of 227 spaces for recreational vehicles, building for related services (office,
restaurant, cocktail lounge, laundry, swimming pool, recreation area, maintenance building), and
manager's residence attached as Exhibit "B;" and
WHEREAS, the proposed project has unique characteristics which would allow
consideration to deviate from ordinance standards; and
WHEREAS, the intent of the developer is to provide on-site services for RV park
customers; and
WHEREAS, for the above described project, an initial study was conducted and it
was determined that the proposed project would not have a significant effect on the environment
and a Negative Declaration was prepared and approved by the City Council on February 20,
2002, in conjunction with Project No. PCD Zone Change # 01-0762 and in accordance with
CEQA; and
ORIGINAL
WHEREAS, as in accordance with CEQA, the environmental assessment was
submitted to the State Clearinghouse for a minimum 30-day review commencing on November
1, 2001 and ending November 30, 2001 (SCH # 2001111014) for related Zone Change 01-
0762; and
WHEREAS, said Negative Declaration is applicable to and appropriate for this
project; and
WHEREAS, in accordance with CEQA section 15162, no further environmental
documentation is necessary because no substantial changes to the original project are
proposed, thero are no substantial changes in circumstances under which the project will be
undertaken and no new environmental impacts have been identified; 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, 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.
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 (Planned
Commercial Development) zone.
The overall design of the project, as conditioned, is consistent with the goals and
policies of all elements of the general plan.
5. The conditions of approval, attached hereto as Exhibit "A" are needed to provide
for orderly development, and the public health, welfare and safety; and
6. Pursuant to BMC Section 17.54.070 find that:
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.
ORIGINAL
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.
Mitigation measures relative to biological resources and cultural resources
incorporated into the project would lessen impacts to less than significant.
The condition limiting the use of the restaurant/cocktail lounge to RV
customers and their guests, and not be open to the general public justify
the reduction of required standard parking spaces.
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 adopted for related Zone Change # 01-0762 is
adequate for the proposed project.
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. 123-23
marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "D ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "A" and shown on the site plan attached as Exhibit "B.'
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.
......... 000-~
3
ORIGIN,~L
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of t~l~it~ ~ ~rsfield at a regular meeting thereof held on
, by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER CO~CH, CAR~ON, BEN'AM. MAGG~RD. HAN~ON, SULLIVAN, SALV~GGIO
COUNCILMEMBER ~
COUNC~LMEMBER ~
COUNCiLMEMBER ~
PAMELA A. McCARTHY, CMC /~
CITY CLERK and Ex Officio Clerk o'[ the
Council of the City of Bakersfield
JUN 0 9 ZOO4
APPROVED
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
Exhibits:
A. Conditions of Approval
B. PCD Site Plan and Elevations
C. Zone Map No. 123-23
D. Legal Description
Jeng / S:[ZoneChange~O4-O2201cc[OZC-CC. doc
May 21, 2004
4
ORIGf~!~L
EXHIBIT "A"
CONDITIONS Of APPROVAL
PCD ZONE CHANGE #04-0220
PUBLIC WORKS
1 Increase the radius of the entry curbs from 20' to 30'. Increase the width of the entrance and exit
from 14' to 20'.
2 Provide dedication and improvement of Wible Road to arterial standards.
3 6' high chain link fence at back of sidewalk is not approved.
4 Dedication of Wible Road to the back of sidewalk is not approved. Dedication to arterial standard is
required.
5 Median island shall be per City of Bakersfield standards, including landscaping.
6 Along with submittal of any development plan, tentative subdivision map, or application for a lot line
adjustment, the following shall occur:
6.1 Submit a comprehensive drainage study to be submitted to and approved by the City
Engineer. Site any drainage retention facility on the periphery of the project area to facilitate
future expansion or consolidation of drainage facilities as adjacent area develops. The study
shall be approved and any required retention site and necessary easements dedicated to the
City.
6.2 Submit verification to the City Engineer of the existing sewer system's capability to accept
the additional flows to be generated through development under the new land use and
zoning.
7 Access to the arterial and collector streets will be limited to those shown on the site plan for PCD
Zone Change #04-0220. Only left turn in, right turn in and right turn out are allowed on the Wible
Road access. A full access opening will only be considered if the developer funds and installs a
traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study
is submitted and approved, which shows progression is not adversely affected.
8 Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of
issuance of building permits.
9 The entire area covered by this PCD Zone Change shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance
District with submittal of any development plan, tentative subdivision map, Site Plan Review, or
application for a lot line adjustment for any portion of this project area.
10 Show the following information on the site plan:
10.1 Indicate the street slopes and provisions for street drainage.
10.2 Show the width of Wible Road and the width of proposed dedication for standard
improved arterial width.
10.3 Show the proposed dedication on Pacheco Road.
10.4 Indicate the minimum radius for the returns on Pacheco Road.
10.5 Label the type and width of improvements to be constructed along Wible Road,
including handicap ramps, etc.
10.6 Include measurements of the project such as length and width.
Jeng / S:[ZoneChange~O4-O220~cclExhA.docS:lZoneChangelO4-O220~cc~ExhA. doc //May 21, 2004
ORIGP-~AL
Exhibit "A"
ZC #04-0220
Page 2 of 13
10.7
Show cross-sections of the development showing the site relative to the canal and
Wible Road. One of the typical cross-sections is to be of the guest entrance off Wible
Road.
11.
The following shall be accomplished prior to final site plan approval:
11.1 Submit a grading/drainage plan to be approved by the City Engineer.
11.2 Provide drainage calculations to verify required retention area.
11.3 Submit dedication on Wible Road for standard arterial width.
11.4 Submit dedication on Pacheco Road to match existing right of way to the west.
11.5 Provide a sewer plan to be approved by the City Engineer showing connection to a
municipally maintained main line, with Building Department approval of the on-site
system.
11.6 Request inclusion into the consolidated maintenance district and pay all applicable
costs.
11.7 Provide paving calculations to verify the required on-site paving section.
12.
The following improvements shall be required:
12.1 On Pacheco Road, construct street paving, concrete curb & gutter with 5.5' wide
combination sidewalk from the existing improvements on the west side of the project to
the east side of the project.
12.2 On Wible Road, construct street paving, concrete curb & gutter with 5.5' wide
combination sidewalk and landscaping from Pacheco Road to connect to existing
concrete curb, gutter, and sidewalk at the south end of the site.
12.3 Install City standard high pressure sodium vapor street lights on Pacheco Road and on
Wible Road at locations as directed by the City Engineer.
13.
The following shall be accomplished prior to issuance of a building permit:
13.1 Engineered improvement plans are to be reviewed and approved by the City Engineer
13.2 The developer shall enter into an improvement agreement with the City and post
approved security to ensure the start and completion of the required improvements.
13.3 Pay the applicable sewer connection fee.
PLANNING
14.
In consideration by the City of Bakersfield for land use entitlements, including but not limited to
related environmental approvals related to or arising from this project, the applicant, and/or
property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold
harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or
boards ("City" herein) against any and all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, before administrative or judicial tribunals of any kind
whatsoever, in any way arising from, the terms and provisions of this application, including
without limitation any CEQA approval or any related development approvals or conditions
whether imposed by the City, or not, except for CITY's sole active negligence or willful
misconduct
This indemnification condition does not prevent the Applicant from challenging any decision by
the City related to this project and the obligations of this condition apply regardless of whether
any other permits or entitlements are issued.
Exhibit "A"
ZC #04-0220
Page 3 of 13
The City will promptly notify Applicant of any such claim, action or proceeding, falling under this
condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion,
shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost
and expense of the Applicant and the City is not obligated to use any law firm or attorney
chosen by another entity or party.
15.
The approved is an Recreational Vehicle Park for purposes of temporary stay and related
uses consisting of the following buildings and uses, and further conditioned as stated in this
Exhibit and attached Exhibit "3."
PCD ZONE CHANGE #04- 0220
PCD ZC #04- 0220
USE PARKING SPACES or
SQUARE FOOTAGE
Recreational Vehicle spaces. 227 spaces maximum
Standard parking spaces (including 2 56 spaces
spaces for manager).
Office Registration & Retail Space 1,610 square feet
Restaurant & Cocktail Lounge 3,670 s.f.
Patio area (76 seats) 1,920 s.f.
Manager's residence on 2n~ floor 1,310 s.f.
(plus 920 s.f. for Manager's
residence garage)
Laundry, Shower, Fitness Building 2,550 s.f.
Pool and spa area. 5,000 s.f. (est.)
Playground 5,000 s.f. (est,)
Maintenance building. 2,400 s,f.
16.
The limit of one continuous stay shall be fifteen (15) days for each recreational vehicle. Each
15 day stay must be separated by physically vacating the park for at least 30 days. Business
shall maintain such rental records for a minimum of 6 months. These records must me made
available to the City of Bakersfield upon request to verify compliance with this condition.
Condition carried over from conditions of approval of previous zone changes #01-0762 &
#02-0540. ~
ORIGINAL
Exhibit "A"
ZC #04-0220
Page 4 of 13
17.
Rock dust for RV parking spaces shall be a minimum thickness of 3 inches and shall be
maintained in good condition to prevent ruts and erosion.
Information from the State agencies familiar with the design and operation of RV parks
confirm the use of rock dust. Condition carried over from conditions of approval of previous
zone changes.
18.
Each recreational vehicle parking space shall be constructed as shown on the site plan with
lawn area and trees separating each space. Each RV space shall have 2 trees, except the
spaces along Wible Road shall have one, 24-inch size box evergreen tree.
Condition carried over from conditions of approval of previous zone changes.
19.
The maintenance building shall have a minimum 20-foot setback from west and north
property lines.
Condition carried over from conditions of approval for original zone change (#01-0762). BMC
Section 17.24.080 requires a 20 foot building setback when commercial buildings are adjacent
residentially zoned property.
20.
There shall be a minimum 20-feet setback between residential zones on the west and south
boundaries, except the manager's residence and office building. The 20-foot setback shall be
landscaped with grass, shrubs and an evergreen tree screen. All trees in the 20-foot setback
area shall be a minimum 24" box size. Trees shall be spaced 20 feet on center.
21.
Parking:
21.1 On final site plan, Developer shall provide the minimum number of standard parking
spaces (including handicap) based on the criteria shown below. Developer shall
provide 56 spaces parking spaces as shown on the preliminary site plan. Developer
shall provide landscaping and trees for the parking spaces as required by ordinance.
(See Site Plan Condition B. Planning for additional requirements for construction
requirements for parking spaces.)
21.2 The modification to reduce the number of regular parking spaces from 94 to 56 spaces
is approved, subject to the following:
The restaurantJcocktail lounge shall be for RV park customers and their guests, and
not open to the general public.
22.
Fencing
22.1
22.2
22.3
22.4
22.5
shall be provided as follows:
Wible Road: 6-foot high masonry wall. The wall to have at least 25% of its face to
have a texture component, such as the use of columns (pilasters), split face or fluted
block. Wall shall extend to Pacheco Road (along frontage of canal maintenance entry.
North, west and south sides of canal entry area: 6-foot high chain link fence with slats
installed per City standards.
West boundary: Construct an 8-ft high wall on RV side abutting residential lots.
South boundary: 6-foot high block wall to remain. Remove barbed wire.
North boundary between RV park and other commercial property: minimum 6-foot
high chain link with slats installed to City standards.
ORIGINAL
Exhibit "A"
ZC #04-0220
Page 5 of 13
23. Landscaping: Landscape plan shall be submitted and obtain approval with the final
development plan by the Planning Department prior to issuance of a building permit. The
landscape plan shall be consistent with the preliminary landscape plan. Refer to
BMC Chapter 17.61 for landscaping requirements. At a minimum, developer shall provide:
23.1 Wible Road extending to Pacheco Road: 10-foot wide landscaping strip per City
standard. Trees may be grouped along the deceleration lane if there is a conflict with
the canal easement. Tree grouping shall be subject to Planning Director approval.
23.2 Pacheco Road frontage adjacent project site, at service/emergency entrance: 25-foot
wide landscape strip as shown on preliminary landscape plans.
23.3 Pacheco Road frontage adjacent canal maintenance area (located at the southwest
corner of Pacheco and Wible Roads): Minimum 8 feet wide landscape strip per City
standard.
23.4 20 foot setback along the west and south sides: grass, shrubs and an evergreen tree
screen. 100% of the trees along the west and south perimeter shall be a minimum 24"
box size, spaced 20 feet on center.
23.5 Provide shade trees for all regular parking spaces per Landscaping and Parking
ordinances.
24.
Developer shall provide a playground area as shown on the site plan. Playground amenities
shall be shown on the final development plan. The landscaping shall be shown on the
landscape plan. At a minimum, the area shall be landscaped with trees at 1 tree per 25 feet
of longest width of playground area (approximately 6 trees, grass, and shrubs; and include 2
benches, 2 picnic tables, and playground equipment that has at least 2 activities (example:
slide and swing).
Condition carried over from conditions of approval for previous zone changes.
25.
Signage shall be limited to one, 35 foot high pylon sign with a 240 square foot face to be I
located at the main entry on Wible Road. No other street signage shall be allowed except
miscellaneous directional signs. All other signage shall comply with the C-1 zone criteria of
the Zoning Ordinance. A separate sign permit is required from the Building Dept.
Condition carried over from conditions of approval for previous zone changes.
26. There shall be no public address system.
Condition carried over from conditions of approval for previous zone changes.
27. Lights shall be directed and shielded away from adjacent residential uses.
Condition carried over from conditions of approval for previous zone changes.
28. Applicant shall have one fee schedule for electric, water and sewer hookups.
Condition carried over from conditions of approval for previous zone changes.
ORIGIN&L
Exhibit "A"
ZC #04-0220
Page 6 of 13
29. Generators may only be used at the time a recreational vehicle is entering and exiting
the RV park.
Condition carried over from conditions of approval for previous zone changes.
30. Concurrently with submission of final development plans, the developer shall submit written
approval/verification from the Kern Delta Water District regarding entrance across the canal
the plans for the wall, chain link fencing and landscaping, access for canal maintenance; and
any drainage issues that may affect the canal.
Kern Delta Water District states that written agreement between the District and the developer
is necessary regarding the canal easement and the proposed landscaping, canal
maintenance area, wall, fencing and drainage issues.
31. Developer shall be responsible for additional warning/traffic signs as determined appropriate
at final Site Plan Review.
Added by the Planning Commission at the August 1, 2002 meeting after discussion of
placement of signage notifying drivers of possible "slow traffic" due to recreational vehicles
entering and exiting the facility.
MITIGATION MEASURES
Biological Resources
32. Habitat Conservation fees for this project will be calculated based on the fee in effect at the t
time (currently $1,240 per gross acre) payable to the Planning Department prior to issuance
of an urban development permit (includes grading plan approvals) as defined in the
Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield
Habitat Conservation Plan. Upon payment of fees, applicant will receive acknowledgment of
compliance with Metropolitan Bakersfield Habitat Conservation Plan
(Implementation/Management Agreement Section 3.1.4). (BMC 15.78)
33.
34.
This project is within an area of documented "known" den sites for the San Joaquin kit fox.
This requires that the applicant provide notice to wildlife agencies at least five days prior to
grading and excavation of den sites. Forms and instructions are available at the Planning
Department. (Metropolitan Bakersfield Habitat Conservation Plan
Implementation/Management Agreement Section 4.7.4. (BMC 15.78.070)
Prior to any ground disturbance or issuance of a building permit, whichever occurs first, the
developer shall obtain a qualified biologist to prepare a clearance survey for endangered
species on the project site.
Cultural Resources
35. Prior to any ground disturbance, developer shall obtain a qualified archeological consultant to
monitor ground disturbance activity for cultural resources and/or human remains. Developer
shall be required to comply with recommendations of the archeological consultant if any
resources are found. If human remains are discovered, the consultant and/or developer shall
contact the Native American Heritage Commission (Mr. Rob Wood, 915 Capitol Mall, Room
364, Sacramento, CA 95814 (916) 653-4040).
OR,~ ....
Exhibit "A"
ZC #04-0220
Page 7 of 13
SITE PLAN REVIEW
CONDITIONS AND ORDINANCE COMPLIANCE
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 ff you have questions.
A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 661/326-3718)
The developer shall obtain grading approval from the state. A final soils report shall 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.
The developer shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700)for
any public pool or related facility before building permits can be issued. Disabled
access to any public pool and related facility shall comply with Title 24 of the State
Building Code.
Structures exceeding 10,000 square feet in area shall require installation of an
automatic fire sprinkler system.
Before the Building Division can allow occupancy of this RV Park, they must inspect
and approve the placement and colors of the address numbers identifying each unit
and/or building, and on-site building/unit location maps so that emergency personnel
can easily find a specific unit when responding to the site during an emergency.
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 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.
Exhibit "A"
ZC #04-0220
Page 8 of 13
B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 6611326-3673)
A minimum of 56 parking spaces shall be as required as shown in Condition No.21
stated above approved by the Planning Commission.
Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over
landscape areas no more than 2~ feet provided required setbacks along street
frontages are maintained, and trees and shrubs are protected from vehicles.
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.).
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.
The developer shall include a copy of a final landscape plan with each set of the final
building plans submitted to the Building Division. 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
landscaping requirements in Chapter 17.61).
(NOTE: At the time a final site inspection is conducted, it is expected that plants
will match the species identified and be installed in the locations consistent with
the approved landscape plan. Changes made without prior approval of the
Planning staff may result in the removal and/or relocation of installed plant
materials and delays in obtaining building occupancy.)
Overlooks from windows, balconies, and decks of the 2"d or higher floor into rear yards
of property containing single family homes must be architecturally screened (see
attached Section 17.08.090). This condition affects any office, commercial, and
industrial building, and any apartment or condominium structure containing 3 or more
units that are within 150 feet of properties zoned R-l, R-S, R-S-lA, MH, or PUD, or
from condominium projects of a single family character. Screening proposals must be
approved by the Planning Division before building permits will be issued. Suggested
methods for accomplishing screening are included in the attached ordinance section.
A solid masonry wall is required to be constructed adjacent to residentially zoned
property as indicated by staff on the returned site plan. This wall must be shown on
the final building plans and shall be constructed a minimum height of 6 feet as
OR,Gl
Exhibit "A"
ZC #04-0220
Page 9 of 13
10.
11.
12.
13.
measured from the highest adjacent finished property grade. If the parking lot, including
drive aisles, delivery areas, loading and unloading areas are within 10 feet of residentially
zoned property, a 7-foot wide landscape strip that includes landscaping consistent with
Chapter 17.61 shall be installed between the wall and parking/drive areas (this will also be
noted on the returned plan).
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.
Areas used for outside storage (does not include vehicle parking areas which are required
to be paved), shall be treated with a permanent dust binder or other permanent dust
control measures consistent with air pollution control regulations.
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.).
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 6611326-3706)
1. Show on the final building plans the following items:
All fire lanes as identified on the returned plans. Any modifications shall be
approved by the Fire Department. Fire lane identification signs shall be installed
every 100 feet with red curbing when curbing is required. All work shall be
completed before occupancy of any building or portion of any building is allo~d¥'~"~;;~.,,~
Exhibit "A"
ZC #04-0220
Page 10 of 13
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.)
All fire sprinkler and/or stand pipe systems, fire alarms and commercial hood
systems. These suppression systems require review and permits by the Fire
Department. The Fire Department will issue guidelines for these various items as
they may apply to this project.
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 developer must request an inspection of any underground sprinkler feeds at least 24
hours before they are buried. The Prevention Services Division (1715 Chester Avenue,
Suite 300, Bakersfield, CA; Ph. 661/326-3979) must complete all on-site inspections of fire
sprinkler systems and fire alarm systems before any building is occupied.
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.
If you store hazardous materials on the site in either an underground or a permanent
aboveground storage tank, a permit from the Prevention Services Division is required to
install and operate these tanks. The Prevention Services Division may also require a Spill
Prevention Control and Countermeasure Plan for storage of petroleum products above
ground in quantities of 1,320 gallons or more. Please contact them at 661/326-3979 for
further information.
PUBLIC WORKS - ENGINEERING (staff contact- George Gillburg 661/326-3997)
The developer shall construct curbs, gutters, cross gutters, 5'6' wide sidewalks, and
streetJalley paving along Pacheco Road and Wibie Road according to adopted city
standards. These improvements shall be shown on the final building plans submitted to
the Building Division before any building permits will be issued.
Exhibit "A"
ZC #04-0220
Page 11 of 13
The developer shall install 2 (two) street lights along Wible Road as shown by staff on the
returned site plan. The developer shall be responsible for providing the labor and
materials necessary to energize all newly installed street lights before occupancy of the
building or site. These improvements shall be shown on the final building plans submitted
to the Building Division before any building permits will be issued.
The developer shall construct standard handicap ramps at the northwest and southwest
corner of the main entrance on Wible Road according to adopted city standards. These
improvements shall be shown on the final building plans submitted to the Building Division
before any building permits will be issued.
The developer shall install new connection(s) to the public sewer system. This connection
shall be shown on the final building plans submitted to the Building Division before any
building permits will be issued.
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.
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 Dept. and Building Division.
If the project generates industrial waste, it shall be subject to the requirements of the
Industrial Waste Ordinance. An industrial waste permit must be obtained from the Public
Works Department before issuance of the building permit. To find out what type of waste
is considered industrial, please contact the waste water treatment superintendent at
661/326-3249.
Before any building or site can be occupied, the developer 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 schedule a site
inspection to find out what improvements may be required.
A street permit from the Public Works Department shall be obtained 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.
10.
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.
11.
If the project is subject to the provisions of the National Pollutant Discharge Elimination
System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General
Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No.
92-08-DWQ) must be filed with the State Water Resources Control Board in Sacramento
before the beginning of any construction activity. Compliance with the general permit
requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared,
continuously carried out, and always be available for public inspection during normal
construction hours.
Exhibit "A"
ZC #04-0220
Page 12 of 13
12.
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.
13.
The developer shall, along the entire frontage of the development within Wible Road,
either construct a landscaped median island or pay $32 per linear foot to the city for
construction of the median island (¼-width). Building permits will not be issued until one
of these options is approved by the Public Works Department.
14.
The developer shall form a maintenance district for maintaining the landscaped median
island within Wible Road along the entire frontage of the development.
15.
The legal description (ie. lot and tract number and/or assessor's parcel number) shall be
shown on the final building plans.
PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 6611326-3997)
Street return type approach(es), if used, shall have 20' minimum radius returns with a 42'
throat width. All dimensions shall be shown on the final building plans.
The developer shall construct a right-turn lane on Wible Road providing a minimum of
150' of vehicle storage and a 90' parabolic bay taper according to City of Bakersfield
Provisional Standard T-10.
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 6 (six), 8' x 10' (inside dimension) refuse bin enclosures
designed according to adopted city standards (Detail #S-43). Before occupancy of the
building or site is allowed, 6 to 12, 3 cubic yard front loading type refuse bins shall be
placed within the required enclosures.
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.
Exhibit "A"
ZC #04-0220
Page 13 of 13
4. Facilities that require grease containment must provide a storage location that is separate
from the refuse bin location. This shall be shown on the final building plans.
5. Facilities that participate in recycling operations must provide a location that is separate
from the refuse containment area. This shall be shown on the final building plans.
Jeng / S:tZoneChangetO4-O2201cc[ExhA.doc //May 21, 2004
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EXHIBIT "C"
ZONE CHANGE 02-0540
ZONING k~API23'23 ~'
EXHIBIT "D"
LEGAL DESCRIPTION
ZONE CHANGE 04-0220
PCD TO REVISED PCD FOR
RECREATIONAL VEHICLE PARK
The E 1/2 of Lots I and 2 in Section 23, Township 30 South, Range
27 East, M.D.B.M., as shown upon the Kern County Sales Map
No. 1 of Lands of J.B. Haggin, dated March 16, 1889, and filed in
the office of the County Recorder of said County May 3, 1889.
EXCEPTING THEREFROM the following described property:
The south 190.00 feet of the North 280.00 feet of the West 421.00 feet of
the East 551.00 feet of the NE 1/4 of Section 23, Township 30 South,
Range 27 east, M.D.B.M., in the County of Kern, State of California, being
a portion of Lot 1 in said Section23, as shown upon the Kern County Sales
Map No. 1 of lands of J.B. Haggin, made by and according to the surveys
of W.R. Macmurdo, County Surveyor of Kern County, California, dated
March 16, 1889 and file in the office of the County Recorder of said Kern
County on May 3, 1889.
Containing 16.32 ± acres.
S:~ZoneChangetO4-O220~ctlegal. doc
May 2 I, 2004
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly swom, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 10th day of June, 2004 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4192., passed by the
Bakersfield City Council at a meeting held on the 9th day of June, 2004 and
entitled:
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE
MAP NO. 123-23 OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM AN PLANNED COMMERCIAL
DEVELOPMENT (PCD) ZONE TO A REVISED PLANNED
COMMERCIAL DEVELOPMENT (PCD) ZONE TO ALLOW
A RECREATIONAL VEHICLE PARK WITH 227 SPACES
AND RELATED USES ON 16.32 ACRES LOCATED ON
THE SOUTHWEST CORNER OF PACHECO AND WlBLE
ROADS (#04-0220)
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
- DEPUT'~ City Clerk
ORIGINAL