HomeMy WebLinkAboutORD NO 4199ORDINANCE NO. 4 1[ 9 9
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO.103-22)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A PCD (PLANNED
COMMERCIAL DEVELOPMENT) ZONE TO A REVISED PCD
(pLANNED COMMERCIAL DEVELOPMENT) ZONE ON 7.5+
ACRES GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF MOUNT VERNON AVENUE AND STATE
HIGHWAY 178 to ALLOW A 48,183 SQUARE FOOT
COMMERCIAL SHOPPING CENTER (FILE # 04-0480)
WHEREAS, in accordance with the procedure set forth in the provisions of Title
17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public
hearing on a petition to change the land use zoning of those certain properties in the City of
Bakersfield generally located at the southeast corner of Mount Vernon Avenue and State
Highway 178; and
WHEREAS, by Resolution No. 88-04 on July 1, 2004, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change # 04-0480 as summarized below, shown on attached Exhibit "B," and
delineated on attached Zoning Map No.103-22 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, said proposed PCD (Planned Commercial Development) zone
consists of the following:
SHOPPING CENTER (PCD ZC #04-0480)
PROPOSED BUILDING SQUARE FOOTAGE
Retail (OfficeMax) 20,000
Retail (In-line tenant) 9,425
Retail Pad (Building A) 6,310
Restaurant with drive-thru 2,448
(Panda Express)
Restaurant with drive-thru 2,500
(Pad 1 - Building plans
submitted for Del Taco)
Restaurant with drive-thru 1,500
(Pad 2)
Restaurant with drive-thru 3,000
(Pad 3 - Building plans
submitted for Jack in the Box)
ORIGINAL
PROPOSED BUILDING SQUARE FOOTAGE
Restaurant with drive-thru 3,000
(Pad 4)
TOTAL 48,183 square feet
; and
WHEREAS, in accordance to City Council Resolution No. 22-01 relative to
General Plan Amendment #P00-0744, the subject property shall be developed pursuant a PCD
(Planned Commercial Development); and
WHEREAS, Zone Change application #04-0480 has been submitted for
consideration as required of City Council Resolution No. 22-01; 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 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 June 10,
2004, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development; 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 a 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 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 and related GPA
#P00-0744.
.-,.
F-
The conditions of approval, attached hereto as Exhibit "A" are needed to
provide for orderly development, and the public health, welfare and safety;
and
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 commercial
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 landscaping requirement adjacent the remnant right-of-way which
parallels Mt. Vernon Avenue is necessary for the public health, welfare
and safety.
The development shall comply with the Parking Ordinance and provide
the minimum number of parking spaces per the Ordinance, which may
require reduction in building square footage.
as follows:
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration is approved.
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. 103-22 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 conditions of approval listed in
attached Exhibit "A" and as shown on Exhibit "B."
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.
.... 000 .........
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
~J~ 1 ~ 9nn~ by the following vote:
ABSTAIN:
ABSENT:
COUNCiLMEMBER COUCH, CARSON, BENHAM MAGGARD, HANSON, SULLIVAN, SALVAGG 0
COUNCILMEMBER
COUNCILMEMBER ¥
COUNCILMEMBER ~'~ ~
AUG 1 8 2004
APPROVED
HARVEY L. HALL
Mayor of the City of Bakersfieh
PAMELA A. McCARTHY, ClV~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Exhibits:
A. Conditions of approval including Exhibits "la" and "lB"
B. PCD Plans and elevations
C. Zone Map 103-22
D. Legal Description
jeng S:[ZoneChange~O4-O480tcciCC-Ord. doc / July 22, 2004
ORIGINAL
EXHIBIT "A"
ZONE CHANGE (PCD) 04-0480
CONDITIONS OF APPROVAL
PLANNING DEPARTMENT:
A 16-foot high buffer (sound attenuation) wall on the south side of any truck well or loading
dock of the OfficeMax building is required. The wall shall be high enough to mitigate exposure
of the apartments to noise in excess of 70 CNEL. The height of the wall may be modified if
the developer submits a noise study prepared by a qualified consultant to the Planning
Director for the Planning Director's approval.
CITY TRAFFIC ENGINEER
Prior to issuance of a building permit, developer shall revise signing and striping Mall View
Road and Fashion Place as shown on attached Exhibit "l-A" entitled "Zone Change 04-0480
Required Striping Modification.". Said revisions shall include marking the lanes such that the
number 2 (outside lane) is permitted to go straight or turn left and that the number 1 (inside
lane is required to turn left. Pavement arrows, delineation and signing as shown on exhibit
shall be installed. (Reference ZC #02-236, 5/16/2002, City Traffic Engineer memo, consisting
of 3 pages)
If the applicant is unable to obtain permission from the owners of Mall View Road to
do the required striping and sign installation, he shall provide evidence of a good faith
effort to obtain that permission and its denial.
Pedestrian linkage shall be provided from Mt. Vernon Ave. along the entry road, by
the grocery store to the existing pedestrian way through the Home Depot parking
area.
To accommodate the road widening, the sidewalk may be eliminated east of the first
parking lot entrance and landscape areas may be diminished to no less than seven
feet.
3
Prior to issuance of a building permit, developer shall on the main entrance road connecting
from Mt. Vernon Avenue extend the second east bound lane and channelize so such that the
second lane is continuous all the way into the existing right turn lane at the first north-south
parking aisle. At that point the second lane would then become a trap right turn lane. East of
that parking aisle would remain unchanged. (Exhibit "l-B," Reference ZC #02-236,
5/16/2002")
Prior to occupancy the intersection of Mall View Road and the western north-south drive aisle
into the Home Depot site shall be signed and marked for all-way stop control. To the north
this drive aisle provides access to the church property. Mall View is heavily traveled which
greatly hinders access onto it from both the north and the south.
Jeng / S:[ZoneChangetO4-O4801cciExhA.doc
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ORIGINAL
Exhibit "A"
PCD ZC 04-0480
Page 2 of 11
5
The shopping center shall consist of the following as summarized below and shown on
attached Exhibit "3:"
PCD ZC #04-0480
BUILDING SQUARE FOOTAGE
20,000 sf
OfficeMax (Retail)
Retail (adjacent to OfficeMax) 9,425 sf
Restaurant (Panda Express) 2,448 sf
with drive-thru
Retail Pad (Building A) 6,310 sf
Restaurant (Pad 1) 2,500
with drive-thru
Restaurant (Pad 2) 1,500 sf
with drive-thru
Restaurant (Pad 3) 3,000 sf
with drive-thru
Restaurant (Pad 4) 3,000 sf
with drive-thru
TOTAL 48,183 square feet
Note: GPA PO 1-0744 condition allows a total building square footage of 305,000 square feet
for project site and the Home Depot area (City Council Resolution #22-01). The shopping
center would total of 239,967 square feet with approval of PCD Zone Change 04-0480
(48, 183 sf) and Home Depot and pad (172,667sf). (48, 183sf+ 172,667sf=220,850 sf)
6
Drive thru speakers shall not be located on the south sides of Restaurants 3 and 4, and shall
be oriented away from residential properties. (This condition may require redesign of the
building footprint and drive thru configuration for these structures.)
7 Fencing/Walls:
7.1
South boundary adjacent residential zone: Construct a minimum 8-ft high masonry
wall on the south boundary of the project site adjacent to the multiple family residential
complex.
7.2
North boundary adjacent residential zone: The applicant's request to waive
construction of a minimum 6-foot high block wall is approved. Landscaping shall be
required as described as listed under "Landscaping" in these conditions.
Jeng / S:~ZoneChange~O4-O480~cclExhA.doc
July 22, 2004
ORIGINAL
Exhibit "A"
PCD ZC 04-0480
Page 3 of 11
8
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. At a
minimum, the landscape plan shall be consistent with BMC Cha[~ter 17.61 (landscaping
requirements, such as parking lot shading, species type, number and location of trees) and
the following conditions. Also see Site Plan Review Development Services Condition No.B.2.
8.1
West side, along the west and south sides of the remnant frontage road right-of-way
(north of the driveway entrance): The developer install a 10-foot wide landscape strip
measured from behind the sidewalk along Mt. Vernon Avenue and 10-foot wide
landscape area behind curb along the south boundary of the remnant dght-oFway.
The landscape strip shall terminate at the chain-link fence which CalTrans maintains.
If the City Engineer deems it necessary, the developer shall enter into an agreement
with the City to address this landscaping within the right-of-way of the frontage road
prior to issuance of a building permit. The developer shall install the landscaping and
maintain it until such time the City provides notice to use the right-of-way for some
other purpose, such as redesign of the on-ramp. The area may be on a separate
irrigation system than the shopping center. Developer shall obtain a permit from
CatTrans if needed.
8.2
West side of project site, along the east side of the remnant frontage road right-oF
way: The developer install a minimum 10-foot wide landscape strip measured from
behind property line along the west side of the frontage road right-oFway.
8.3
West side, south of driveway entrance, along Mt. Vernon Avenue: The developer
install a minimuml0-foot wide landscape strip measured from behind the property line
along Mt. Vernon Avenue.
8.4
South side of project site: Developer shall install a minimum 7-foot wide landscape
strip to extend the length of the southern boundary from the parking lot drive aisle at
Mt. Vernon Avenue to the east boundary of the parcel. Evergreen trees spaced a
maximum of 20-feet apart are required.
8.5
North boundary: Developer shall install a minimum 20-foot wide landscape strip,
landscaped per ordinance requirements.
9
Prior to issuance of a building permit, developer shall provide a common access and parking
easement encumbering the subject site and the adjacent Home Depot parcel. Easement
shall be submitted to the City Attorney and Planning Director for review and approval prior to
issuance of a building permit.
10
Developer shall show location and design of shopping cart corrals on the final plan. Shopping
cart corrals shall be designed as part of the landscaped areas of the parking lot.
11
Internal traffic circulation of the Home Depot retail center shall connect to the internal
circulation of the East Hills Mall. (Condition of GPA P0-0744 (Res. # 22-01). Satisfied with
construction of Home Depot.)
Jeng / S;[ZoneChange~O4-O480[cclExhA.doc
July 22, 2004
0RIGINAL
Exhibit "A"
PCD ZC 04-0480
Page 4 of 11
MITIGATION MEASURES
Air Quality
(Mitigation Measure Source: Air Quality Impact Analysis by Insight Environmental
Consultants, May 2004)
12. PM10 Mitigation Measures:
Required compliance with SJVUAPCD Regulation VIII, dust control measures will be taken
to ensure compliance specifically during grading and construction phases.
· Water exposed surfaces (soil) three-times/day.
· Water all haul roads (unpaved) three-times/day.
· Reduce speed on upaved roads to less than 15 miles per hour.
· Stabilize all disturbed areas, including storage piles, which are not being
actively utilized for construction purpose using water, chemical stabilizers or by
covering with tarp, other suitable cover or vegetative ground cover.
· Control fugitive dust emissions during land clearing, grubbing, scraping,
excavation, leveling, grading or cut and fill operations with application of water or
by presoaking.
· When transporting materials offsite, maintain a freeboard limit of at least 6 inches
and cover or effectively wet to limit visible dust emissions.
· Limit and remove the accumulation of mud and/or dirt from adjacent public
roadways at the end of each workday. (Use of dry rotary brushes is prohibited
except when preceded or accompanied by sufficient wetting to limit visible dust
emissions and use of blowers is expressly forbidden).
· Stabilized the surface of storage piles following the addition or removal of
materials using water or chemical stabilizedsuppressants.
· Remove trackout when it extends 50 or more feet from the site at the end of
each workday.
· Cease grading activities during periods of high winds (greater than 20 mph over
a one-hour period).
· Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use
of cutback, slow-cure and emulsified asphalt paving materials.
13. Mitigation Measures for Construction Equipment Exhaust.
· Maintain ali construction equipment, as recommended by manufacturer manuals.
· Shut down equipment when not in use for extended periods of time.
· Use electric equipment for construction whenever possible in lieu of diesel or
gasoline powered equipment.
· Curtail use of high-emitting construction equipment during period of high or
excessive ambient pollutant concentrations such as "Spare -the-Air" days as
declared by the SJVAPCD.
Jeng / S:[ZoneChange[O4.0480~cc[ExhA.doc
July 22, 2004
ORIGINAL
Exhibit "A"
PCD ZC 04-0480
Page 5 of 11
SITE PLAN COMPLIANCE LIST
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. A copy of the
site plan with notes and comments is enclosed. 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. 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 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.
The applicant 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 ail 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, cafb, 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.
Jeng / S:t. ZoneChangetO4-O4801cc~ExhA.doc
July 22, 2004
m
ORIGINAL
Exhibit "A"
PCD ZC 04-0480
Page 6 of 11
B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 66'1/326-3673)
The minimum parking required for this project has been computed based on use and
shall be as follows:
Square Parking Required
Use Footaoe R~tio Parkino
Mixed Use Retail
35.732 sq. ft.
First 35,000 sq. ft.
Remainder 735 sq, ft.
1 space/200 sq. ft.
1 space1250 sq. ft.
175 spaces
3 spaces
Restaurants 12,448 sq. ft. 1 space/75 sq. ft. 166 spaces
Outdoor seating 22 seats 1 space/2 seats 11 spaces
Drive-thru credit 5 windows 2 spaces/window -10 spaces
TOTAL 345SPACES
(Notes: a.
345 parking spaces are shown on the proposed site plan. However, 14 of those
spaces will be lost because they are within required fire lanes. The developer must
either change the use of a building or reduce building area to meet the minimum
requirement. If a shared or common parking agreement exists with Home Depot, any
parking they have over City requirements may apply to this project,
b. See Planning Dept. Condition #10 re: location of cart corrals.
The applicant shall include a copy of a final landscape plan with each set of the
final building plans submitted to the Building Division. In addition, one (1) copy of
the landscape plan shall also be submitted to the Planning 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 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 the staff contact noted
above.
(NOTE: Plants must match the species identified and be installed in the locations
consistent with the approved landscape plan. Otherwise, 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.)
4. 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
Jeng / S:tZoneChange lO4-O480~cclExhA.doc ~ ~ A K ~?~_¢,
July 22, 2004 >- ~
ORIGINAL
Exhibit "A"
PCD ZC 04-0480
Page 7 of 11
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.
This project provides legal access to the church property north of the project site.
Also, your project is contained on two or more parcels. You must provide
documentation that required improvements for this project, such as offsite parking and
access, is available for the actual lifetime of this project (ie. recorded lease or other
instrument) before any building permits can be issued.
Note:
This property is not part of the parking and access agreements obtained for
the Home Depot development. The existing agreements may need to be
modified to include this project.
Addressing for the project shall be designated as shown by staff on the returned site
plan. These address numbers will be the only addresses assigned by the city unless
you wish to have a different address program. Internal unit addresses will be only by
suite number and will be the responsibility of the owner or developer to assign to each
tenant. (It is recommended that you assign suite numbers beginning with 100,200,
300, etc. instead of an alphabetic character. If in the future a tenant space is split, you
would then be able to assign a number between these numbers which would keep
your suites addressed in numerical order. Keeping an orderly numbering system will
make it easier for customers, emergency personnel, mail delivery to find the
business.)
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 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) shalt 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.
10.
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 6 feet in height.)
Jeng / S:[ZoneChangelO4-O4801cctExhA.doc
July 22, 2004
ORIGINAL
Exhibit "A"
PCD ZC 04-0480
Page 8 of 11
11.
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.
C. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706)
1. Show on the final building plans the following items:
All fire lanes as indicated on the returned 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 dudng construction unless
other arrangements for such protection are approved by the Fire Department.
Please provide 2 sets of the engineered water plans to Dave Weirather. (Note:
All new fire hydrants must be purchased from the Fire Dept)
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 building plans 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. 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
Jeng / S:t. ZoneChangetO4-O480~cctExhA.doc
July 22, 2004
Exhibit "A"
PCD ZC 04-0480
Page 9 of 11
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 handle hazardous materials or hazardous waste on the site, the Environmental
Services Division may require a hazardous material management plan before you can
begin operations. Please contact them at 6611326-3979 for further information.
If you treat hazardous waste on the site, the Environmental Services Division may
require a hazardous waste "Tiered" permit before you can begin operations. Please
contact them at 661/326-3979 for further information.
If you store hazardous materials on the site in either an underground or a permanent
aboveground storage tank, a permit from the Environmental Services Division is
required to install and operate these tanks. The Environmental Services Division may
also require a Spill Prevention Control and Countermeasure Plan before you can
begin operations. Please contact them at 661/326-3979 for further information.
D. PUBLIC WORKS - ENGINEERING (staff contact - George Gilburg 661/326-3997)
The applicant 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 driveways, vehicular access and parking areas shall be paved with a minimum of
2" Type B, A.C. over 3" Class II A.B. according to the Bakersfield Municipal Code
(Sections 15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer.
This 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 Department and Building
Division.
Before you can occupy any building or site, you must reconstruct or repair
substandard off-site improvements to adopted city standards as directed by the City
Engineer. Please call the construction superintendent at 661/326-3049 to schedule a
site inspection to find out what improvements may be required.
You must obtain a street permit from the Public Works Department before any work
can be done within the public right-of-way (streets, alleys, easements). Please
include a copy of this site plan review decision to the department at the time you apply
for this permit.
A sewer connection fee shall be paid at the time a building permit is issued. We will
base this fee at the rate in effect at the time a building permit is issued.
Jeng / S:tZoneChangelO4-O480~cclExhA.doc
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O~IGtNAL
Exhibit "A"
PCD ZC 04-0480
Page 10 of 11
A transportation impact fee for regional facilities shall be paid at the time a building
permit is issued. This fee will be based at the rate in effect at the time the permit is
issued. The Public Works Department will calculate an estimate of the total fee when
you submit construction plans for the project.
Conditions required by General Plan AmendmentJZone Change #P00-0744 as
follows:
Along with submittal of any development plan, tentative subdivision map, or
application for a lot line adjustment, the following shall occur:
Submit for the City's review and approval C.C. & R.'s and Property
Owner's Association By-Laws for the use and maintenance of all non-
dedicated, shared facilities. Among those non-dedicated, shared
facilities will be the on-site sewer main lines and laterals and storm
drain lines, cross drainage easements and appurtenant facilities.
The following traffic mitigation conditions are based on the traffic study by
Ruettgers & Schuler Civil Engineers:
Future construction of traffic signal at the intersection of Bernard and
Haley Streets (County). Pay 7.08 pement as proportionate share of
cost of signal based on County estimate of traffic signal cost or an
approved engineering estimate provided by the developer/applicant, if
a county estimate is not available.
Future construction of eastbound right turn lane at approach to the
intersection of Columbus Street and Mt. Vernon Avenue. Pay 8.84
percent as proportionate sharo of cost based on an approved
engineering estimate provided by the developer/applicant.
Future construction of eastbound and westbound right turn lanes at
approaches to the intersection of Niles Street and Mt. Vernon Avenue
(County). Pay 2.28 percent as proportionate share of cost based on an
approved engineering estimate provided by the developer/applicant,
The project developer/applicant shall pay project share of Regional
Impact Fees from Table 9 in the traffic study calculated as $146,788.
A traffic signal on Mount Vernon Ave. to the developmentJretail was
required for a full access opening. The developer/applicant shall
participate in a maintenance district for the maintenance of this non-
public street intersection traffic signal.
Jeng / S:[ZoneChangelO4-O4801cctExhA.doc
July 22, 2004
"%RiGINA~
Exhibit "A"
PCD ZC 04-0480
Page 11 of 11
E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997)
See the traffic study mitigation which are listed above under "Public Works -
Engineering" Condition #8.b.
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 dimensions shall be shown on the
final building plans.
Show the typical parking stall dimensions on the final building plans. Minimum
parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over
landscape areas no more than 2¼ feet provided required setbacks along street
frontages are maintained, and trees and shrubs are protected from vehicles as
required by the Planning Division.
F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 6611326-3114)
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, These 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
I cubic yard/week - 12 cubic yards/day
More than 12 cubic yards/day
Show on the final building plans 6 (six), 10' x 20' inside dimension refuse bin
enclosures designed according to adopted city standards (Detail #S-43). Before
occupancy of the building or site is allowed, 8, 3 cubic yard front loading type refuse
bins shall be placed within the required enclosures.
3. Show on the final building plans 6 (six), 6' x 8' recycling bin locations.
4. Show on the final building plans I (one) compactor roll-off bin location.
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.
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:~oneChangelO4-O480~cctExhA.doc
July 22, 2004
N
$
50 0 50 Feet
AirPhotoUSA
Exhibit 1-A
PCD ZC 04-0480
Required Striping Modificatior
(Ref: ZC 02-0263; 5/16/02)
ORIGINAL
~ BnNBAV
~ A K~2d~
~OR GIN^~
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o
ORiGiNAL
.~j~j "~j~' . ~)oI:::I/X~IAIOO!HO S:::!l.LEI3clOJ:lcl NYH¥O
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ORIGINAt.
ORIGINAL
OR!GINAL
EXHIBIT "C"
ZONE CHANGE 04-0480
ZONING MAP 103-22~IG~
EXHIBIT "D"
PCD ZONE CHANGE #04-0480
LEGAL DESCRIPTION
PC'I) TO REVISE]) PCD
PARCEL C OF LOT LINE ADJUSTMENT NO. P01-0372 AS PER CERTIFICATE OF COMPLIANCE
RECORDED AUGUST 31,2001 AS INSTRUMENT NO 0201128194 OF OFFICIAL RECORDS BEING THAT
PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22,
TOWNSHIP 29 SOUTH, RANGE 28 EAST, MD.B & M., IN THE CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE SOUTITge~ST QUARTER
OF THE NORTItWEST QUARTER OF SAID SECTION 22, SAID POINT IS MARKED BY 2" BRASS DISC
STAMPED "KERN COUNTY SURVEY"; THENCE ALONG THE WEST BOUNDARY LINE OF SAID
SECTION 22, NORTH 00015'20'' WEST 195.38 FEET; THENCE AT RIGHT ANGLES, NORTH 89044'40'
EAST 55.00 FEET; THENCE ALONG THE EAST LINE OF THE WEST 55.00 FEET OF SAID SECTION 22,
NORTH 00°15'20" WEST 50.00 FEET; THENCE AT RIGHT ANGLES, NORTH 89044'40'' EAST 48.00 FEET;
THENCE NORTH 00°15'29" WEST 31.06 FEET; THENCE ALONG A NON-TANGENT CURVE TO THE
LEFT, FROM WHICH A RADIAL BEARS NORTH 00°15'29" WEST, HAVING A RADIUS OF 193.50 FEET,
31tROUGH A CENTRAL ANGLE OF 81° 08'04'" AN ARC DISTANCE OF 274.01 FEET; THENCE ALONG A
REVERSE CURVE FROM WHICH A RADIAL BEARS SOUTH 81023'33'' EAST, HAVING A RADIUS OF
221.00 FEET, THROUGH A CENTRAL ANGLE OF 33°22'31'', AN ARC DISTANCE OF 128.73 FEET;
THENCE ALONG A COMPOUND CURVE FROM WHICH RADIAL BEARS SOUTH 48°0I'02'' EAST,
HAVING A RADIUS OF 199.00 FEET, THROUGH A CENTRAL ANGLE OF 45°36'36'', AN ARC DISTANCE
OF 15841 FEET; THENCE NORTH 87035'33'' EAST, 13416 FEET; THENCE SOUTH 89051'05'' EAST, 10.68
FEET; THENCE SOUTH 00°05'12'' 'WEST 419.84 FEET; THENCE SOUTH 14034'35'' EAST 206.24 FEET TO
THE SOUTtt BOUNDARY LINE OF TIlE NORTH IIALF OF THE SOUTHWEST QUARTER OF TH~
NORTHWEST QUARTER OF SAiD SECTION 22: THENCE ALONG SAID SOUTH BOUNDARY LINE
SOUTH 89019'22" WEST 682.0S FEET TO THE POINT OF BEGINNING.
PAGE 1 of 2
m
ORIGINAL
EXHIBIT "D"
PCD ZONE CHANGE #04-0480
LEGAL DESCRIPTION
PCD TO REVISED PCD
PARCEL D OF LOT LINE ADJUSTMENT NO. P01-0372 AS PER CERTIFICATE OF COMPLIANCE
RECORDED AUGUST 31, 2001 AS INSTRUMENT NO. 0201128194 OF OFFICIAL RECORDS BEING THAT
PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECT1ON 22,
TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.B. & M, IN THE CITY OF BAKERSFIELD. COUNTY OF
KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE BOUNDARY LINE OF THE NORTH HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, SAID POINT BEARS NORTH 89°18'03"
EAST, 143.83 FEET FROM THE NORTHWEST CORNER OF SAID NORTH HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 22;
THENCE ALONG THE NORTH BOUNDARY LINE OF SAID NORTHWEST QUARTER OF SAiD SECTION
22, NORTH 89o18'03" EAST, 489~96 FEET; 22dENCE, LEAVING SAID NORTH BOUNDARY LINE, SOUTH
00°05'12'' WEST, 41.89 FEET; THENCE, NORTH 89°5 I'OS'' WEST, 10.68 FEET;
THENCE, SOUTH 87°35'33' WEST, 134 16 FEET;
THENCE, CONTINUING ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 199.00
FEET, THROUGH A CENT1La~ ANGLE OF 45036'36'', AN ARC DISTANCE OF 15841 FEET;
THENCE, ALONG A COMPOUND CURVE FROM WHICH A RADIAL BEARS SOUTH 48°01'02' EAST,
HAVING A RADIUS OF 221.00 FEET, THROUGH A CENTRAL ANGLE OF 33°22'3I', AN ARC DISTANCE
OF 128.73 FEET;
THENCE, ALONG A REVERSE CURVE FROM WHICH A RADIAL BEARS SOUTH 81023'33'' EAST,
HAVING A RADIUS OF 193 50 FEET, THROUGH A CENTRAL ANGLE OF 81° 08'04" AN ARC DISTANCE
OF 274.0l FEET;
THENCE, NORTH 00"15'29" WEST 193.50 FEET;
THENCE, NORTIi 05027'40'' EAST 27.37 FEET;
THENCE, CONTINUING ALONG A TANGENT CURVE TO THE KIGHT, HAVING A RADIUS OF 38.UU
FEET, THROUGH A CENTRAL ANGLE OF 66°48'03'', AN ARC DISTANCE OF 44.30 FEET;
THENCE, ALONG A REVERSE CURVE FROM WHICH RADIAL BEARS NORTH 17°44'17'' WEST,
HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 130°06'16", AN ARC DISTANCE
OF 113.54 FEET;
THENCE, NORTH 00042'05'' WEST 800 FEET TO THE TRUE POINT OF BEGINNING.
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 18th day of Auqust, 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4199 , passed by the
Bakersfield City Council at a meeting held on the 18th day of Auqust, 2004 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO. 103-22) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM A PCD (PLANNED COMMERCIAL
DEVELOPMENT) ZONE TO A REVISED PCD (PLANNED
COMMERCIAL DEVELOPMENT) ZONE ON 7.5_+ ACRES
GENERALLY LOCATED ON THE SOUTHEAST
ACORNER OF MOUNT VERNON AVENUE AND STATE
HIGHWAY 178 TO ALLOW A 48,183 SQUARE FOOT
COMMERICAL SHOPPING CENTER (FILE # 04-0480).
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
~ DEPUTY~itY Clerk