HomeMy WebLinkAboutORD NO 3972ORDINANCE NO. ~) 9 ~' 2
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS.
123-'10 AND 123-1'1 BY CHANGING THE ZONING FROM R-'1
CH (ONE-FAMILY DWELLING CHURCH) AND R-3 (LIMITED
MULTIPLE-FAMILY DWELLING)TO PCD (PLANNED
COMMERCIAL DEVELOPMENT) ON 4.77 ACRES
GENERALLY LOCATED ALONG THE SOUTH SIDE OF MING
AVENUE BETWEEN CANTER WAY AND RAIN TREE COURT
(ZONE CHANGE P00-0236).
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 along the south side of Ming Avenue between Canter Way and
Rain Tree Court; and
WHEREAS, by Resolution No. 63-00 on July 6, 2000, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change P00-0236 as delineated on attached Zoning Map Nos. 123-10 and
123-11 marked Exhibit "B", 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 R-1 CH to PCD 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 May 11,
2000 in accordance with CEQA; and
WHEREAS, the general ptan designation for this area allows urban type
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 have been
followed.
The proposed project will not have a significant effect on the
environment.
4. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan
2010 General Plan.
6. The proposed amendment is consistent with the Land Use Element
policies with the exception of "commercial policy numbers 17 and 19"
which are as follows:
COMMERCIAL DEVELOPMENT
POLICY NUMBER
19 Encourage a separation of at least one-half mile between new
commercial designations.
22 Encourage the clustering of commercial development in compact areas,
rather than extended along streets and highways.
Reqardin~l "commercial policy numbers t9 and 22":
The proposed project site is approximately 70 (seventy) per cent
undeveloped. The project may be regarded as an infill project and
change the land use to possibly its highest and best use. The PCD zone
permits decision makers the opportunity to address policy concerns and
to address concerns of adjacent property owners and mitigate such
concerns.
The Council believes there is sufficient documentation in finding number
6 (above) which will allow overriding consideration of the Land Use
Element "commercial policy numbers 17 and 19", and allow approval of
the requested General Ran Arnendment.
In appreving the PCD zoning district the Planning Commission and City
Council shall make the following required findings (Zoning Ordinance,
Section 17,54.070):
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.
Based on the absence of evidence in the record as required by Section
21082.2 of the State of California Public Resources Code (CEQA) for
the purpose of documenting significant effects, it is the conclusion of the
Lead Agency that this project will result in impacts that fall below the
threshold of significance with regard to Wildlife resources and, therefore,
must be granted a "de minimis" exemption in accordance with Section
711 of the Sate of California Fish and Game Code. Additionally, the
assumption of adverse effect is rebutted by the above-reference
absence of evidence in the record and the Lead Agency's decision to
prepare a Negative Declaration for this project.
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.
123-10 and 123-11 marked Exhibit "B" attached hereto and made a part hereof, more
specifically described in attached Exhibit "C ", subject to approval of GPA P00-0253.
4. Such zone change is hereby made subject to the mitigation measures
and conditions of approval listed in attached Exhibit "A"
5. Preliminary development plans (site and landscaping plans) are shown
on Exhibit "D" attached hereto and made a part hereof. "The final development plan shall be
drawn to the same scale and include the information as required for the preliminary
development plan, together with any modifications or conditions that were required by the
Planning Commission and City Council."
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.
......... oOo ..........
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
AUG 3 0 2000 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, COUCH, GREEN, MACCARD, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
AppROVEDAUG 8 0 2000
BOB P
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By: C_--~) ~
S:\Dole\P00-0236\CC Ord 7 12 00-1 .wpd
August 23, 2000 (9:08AM)
EXHIBIT "A"
General Plan Amendment/Zone Change P00-0236
Mitigation Measures/Conditions of Approval
PLANNING COMMISSION CONDITIONS OF APPROVAL
The 6,500 square foot pad at the northwest corner of the site is for a mixed use tenant
and shall be limited to 3,000 square feet of restaurant use and 3,500 square feet of
retail use.
No parking shall be permitted on the east side of Rain Tree Court north of the northern
driveway. The applicant shall post "no parking" signs in accordance with the standards
of the City Traffic Engineer.
No parking is permitted on the east side of Rain Tree Court between the southern
driveway and the southwest corner of the major tenant building. The applicant shall
post "no parking" signs in accordance with the standards of the City Traffic Engineer.
No parking is permitted on the west side of Canter Way north of the driveway into the
project site. The applicant shall post "no parking" signs in accordance with the
standards of the City Traffic Engineer.
The speaker box for the restaurant on the northeast corner of the site may only be
located on the south side of the building.
A 3 to 4 foot high hedge is required along the north and east side of the restaurant in
the northeast corner of the site to block car lights.
Site lighting along the south and east block wall area shall be built into in the block wall.
These lights to be attached at least 1 foot below the top of the wall.
No lighted signs will be permitted on the west, south, and east walls of the major tenant
building. The stand alone retail building along Canter Way shall not have lighted signs
along the south wall
Sweeping hours shall be limited to the hours between 7:00 AM to 8:00 PM Monday
thru Friday.
10.
The loading dock shall be recessed into the ground and shall have an 11 foot masonry
wall as shown on attached Exhibit D.
11. Truck deliveries shall be limited to the hours between 8:00 AM and 8:00 PM.
12.
The cost of the deceleration lane on Raintree Court shall be determined by an
engineering study paid for by the applicant. This report is subject to approval of the
Pubic Works department. Applicant shall pay 50% of the cost of the Raintree Court
deceleration lane prior to the issuance any building permit. This condition may be met
by other transportation improvernents subject to the approval of the Public Works ,,~,~
department. ~' .....~,,
Exhibit "A"
GPNZC P00-0236
Page 2
13.
14.
The applicant wilt increase traffic storage on Ming Avenue at the Rain Tree Court
median break, the storage to be a minimum of 200 feet long with a 90 foot bay taper, or
in the alternative to provide for a left turn directly into the shopping center with a 200
feet stacking and 50 foot taper to be approved by the City Engineer.
The Landscape Plan shall comply with the requirements of Title 17 with the addition
that planting on the east and south property lines shall be 36 inch box evergreen trees
and 20 feet on center.
PLANNING
If cultural resources are unearthed during ground disturbance, all work must halt in the
area of the find. A qualified professional archaeologist should be called in to evaluate
the findings and make appropriate mitigation recommendations.
This condition will ensure that any cultural resoumes found on the subject site shall be
preserved for future generations.
Along the east property line, adjacent to the existing multipie-family dwellings and along
the south property line adjacent to the existing single-family dwellings, provide a
minimum 45 foot building setback, or as shown on the approved site plan, and a five
foot wide landscape strip. Evergreen trees shall be provided within said strip with a
minimum spacing of 30 feet on-center as well as plants along the wall that wiIB
discourage climbing. Minimum tree size shall be 24-inch box species to be approved
by the Planning Director at time of submittal of a final landscape plan.
Provide a 15 foot wide landscape setback along Canter Way and Raintree Court, This
landscaping shall include 24 inch box evergreen trees (or tree groupings) with a
minimum spacing of 30 feet on center.
4. Provide a 15 foot wide minimum landscape setback along the Ming Avenue frontage.
Condition numbers 2, 3, and 4 ensure that the proposed project will be
compatible with the scale and character of the existing Ming Avenue commemial
corridor and the Copeland sports conditions of approval
No free standing signs along Canter Way and Raintree Court except for directional
signs as regulated by the Zoning Ordinance, Section 17.60.080.
Condition number 5 ensures that the proposed project will be compatible with the
Copeland Sports conditions of approval
Exhibit "A"
GPA/ZC P00-0236
Page 3
The maximum sign height for signs located on the west sides of Shops (A) and (B) shall
be eighteen (18) inches.
This/imitation on sign height will reduce the visual impact of signs on residences
located west of Restaurant A and Shops B and C,
Final development plans shall be substantially consistent with preliminary plans and
incorporate all conditions of approval.
This condition will ensure compliance with the PCD ordinance and conditions of
approval
The applicant and Westwind Condominium Association have agreed to mitigation of
noise and pedestrian traffic by constructing a fence along the condominium's property
and that the applicant's share of the cost of construction is $20,000. Proof of the
developer's payment of it's share of the construction cost into the appropriate escrow
account or to the homeowner's association shall be delivered to the Building Director
prior to issuance of any building permit for this project.
TRAFFIC STUDY
Traffic Study Mitigation Measures
Traffic study mitigation measures must be incorporated into the project. Such
mitigation measures are shown on the attachments titled Table No. 4 Mitigation
Measures, Table No. 6 Mitigation Measures and Table No. 7 Mitigation Measures.
PUBLIC WORKS
The site development plan shows two accesses proposed along the Ming Avenue
frontage. Combine these into one entrance, with radius returns and a right turn lane.
A right turn lane is also required along the project frontage from Ming Avenue into
Canter Way.
Participation is required for the 'Future construction of a right turn lane from Ming
Avenue into Raintree Court. Said share shall be 50% with the amount to be
determined by an approved estimate.
With the first development or division
a. Dedicate and construct right turn lanes on Ming Avenue at Canter Way and at
the one access into the site from Ming Avenue.
Exhibit "A"
GPNZC P00-0236
Page 4
Submit an engineer's estimate to the city engineer for his review and approval
for the right of way and construction of a right turn lane on Ming Avenue at
Raintree Court. Pay the proportionate share based upon that approved
estimate.
Raintree Court and Canter Way shall be capped, repaved, or reconstructed as
directed by the City Engineer.
Raintree Court and Canter Way shall be constructed to full width standards,
including minimum 5.5' wide sidewalks and installation of street lights as
directed by the City Engineer.
As approved by the City Engineer, make provisions for stormwater drainage
from the site, which may include extension of a storm drain system to pick up
the drainage from this site.
5. Upon issuance of a building permit, pay
Local Mitigation Measures - Year 2020 - project proportionate shares of the
following improvements:
Ming Ave at New Stine Rd, add east bound and west bound left turn
lanes, 3.15% share of $295,000 equates to $9,292 project share
Ming Ave at Stine Rd, add east bound, west bound, north bound and
south bound left turn lanes, 0.71% share of $480,000 equates to $3,408
project share
Ming Ave at So. Real Rd, add east bound and west bound left turn
lanes, 0.79% share of $264,000 equates to $2,086 project share
California Avenue/New Stine Road at Stockdale Highway, expand to full
expanded intersection standard, 0.39% share of $1,000,000 equates to
$3,900 project share
Total $18,686
It should be noted that the study showed that 4 intersections were found to
degrade below either LOS "C" or their current LOS (if already below LOS "C") by
year 2020. Only the first 3 intersections of the 4 listed were shown to be
mitigated reasonably. Ming Ave at New Stine Rd was improved from LOS "E"
to "D", the other 2 from LOS "D" to LOS "C". The fourth location, California
Ave/New Stine Rd at Stockdate Hwy was LOS "F" both with and without project
even with the intersection fully expanded to City standards.
b. Phase II Regional Transl3ortation Impact Fee (RTIF) Miticlation
We recommend that the the regional fee be paid in accordance with the current
fee schedule (79 trips per KSF x 71.5KSF x $60/trip yields a fee of $338,910).
Exhibit "A"
GPA/ZC P00-0236
Page 5
The study distributed project traffic over all the regional facilities in the project
area and determined project share of the RTIF according to current
methodology. Based upon the study, the fee computes to be $19,597 which
equates to $274.08 per 1,000 SF. The computed fee is substantially lower than
computed by and we submit that the currently Council adopted fee schedule
may be more appropriate based on the following reasons:
The fixed fees are City wide averages, whereas an "independent fee study"
is performed based on specific project impacts, which is appropriate for
large scale regional projects but not for small ones, such as this one. It only
produces 3,840 new daily trips. A small project's trips dissipate too rapidly,
hence averages, based on aggregate (or cumulative impact) of many
projects are more appropriate. Independent studies for small projects
should only be for the purpose of contesting the trip generation rate.
(b)
This project is located in an in-fill area of the metre area, hence the regional
impact facilities list has few facilities in the limited influence area of the
project. This will result in fewer facilities being affected.
Any site plan or subdivision map to be submitted shall show all existing median
openings, drive approaches and streets and drives on the opposite sides of the streets.
The applicant shall request formation of a maintenance district and pay all applicable
fees.
S:\Dole\P00-0236\Conditions Revised~l .wpd
July 11, 2000 (9:24AM)
TABLE NO. 4
MITIGATION MEASURES
From the above analysis results, it is anticipated that the LOS of four of the intersections
within the study limits will deteriorate below LOS C or their current LOS (if already
below LOS C) by the year 2020. The following mitigation measures will cause the
intersections to operate at or above their current LOS, with the exception of the
intersection of Stockdale Highway and New Stine.
Table 4
Traffic Operations
Mitigation Analysis
Intersection Level of Se,wice
Intersection
Ming Avenue at
blew Stine Road
Ming Avenue at
Stine Road
Ming Avenue at
South Real Road
Required Mitigation
Add eastbound and westbound left
turn lanes
Add eastbound, westbound, north-
bound and southbound left turn lanes
Add eastbound and westbound 1eft
turn lanes
2020 2020+
Project
E D
D C
D C
TABLE NO. 6
MITIGATION MEASURES
The projects proportionate share for these improvements is shown below in Table 6.
Table 6
Mitigation Measures and
Percent Share
Intersection
Ming Avenue at
New Stine Road
Ming Avenue at
Sfine Road
Required Improvements
Add eastbound and
westbound left turn lanes
Add eastbound, westbound,
northbound and southbound
left turn lanes
Ming Avenue at Add eastbound and 0.79"/0 $264,000
South Real Road
westbound left turn lanes
Total
Project Total Project
% Share Improvement Share
Cost
3.15% $295,000 $9,292
0.71% $480,000 $3,408
$2,086
$14,786
In addition to the above local mitigation, the project should pay a regional impact fee as
calculated in Table 7.
19
TABLE NO. 7
MITIGATION MEASURES
TABLE 7
RT1F LIST - METRO BAKERSFIELD
TRANSPORTATION IMPACT FEE PROGRAM
LIMITS IMPROVEMENT
LENGTH 2020 Model
STREET
NAME FROM TO MILES Volumes
Old Sbne Rd. Min9 Ave Betle Te~Tac~ 0 50
Old Stine Rd Sllne Canal
Old S*j~e Rd. BeRe Terrace Stockdale Hw~ 0.50
NOTES
27,960
18,037 Widen Canal culvert (Stine)
Stockdale Hw~ New Stine Rd Stine Rd
Stockd~e H-Ny S6ne Rd Real Rd
W~b4e Rd Ming Ave B~ndage Ln
0.75
0 25
0 25
44,C40
57,560
54,170
10,3.(0,817 50% of Bel~way RAN and SR 178
10,340,817 Computer Tracking System (Cdy & County
pr~ect
TOTAL FEE Traffic
COST FUNDING PM Peak
$475,000 $475,000 43
$80.000 $80,000 25
$235,659 $235,659 25
$322.500 10
$107,500 5
$619.017 10
$7.688,000 $7,688,000 352
$9.318.072 $4,659,036 352
$100.000 $100,000 352
$497.116.817 $227,245,210
Project
Traffic
ADT
470
273
273
Project
%
1681%
1515%
1.53-4%
t09 0.248%
55 o 095%
109 0.202%
3648 0 0372%
3848 00372%
3~48 o 0372%
Project Cc4t
$7,986
$1.212
.$3.615
$102
$1,249
$1.734
.$37
$19,597
IT1
't'
CiTY OF BAKERSFIELD
ZONING MAP I?_.3-10
SEC ~O T 3Os R ~-
LEGEND
· 0 ~
:CITY OF BAKERSFIELD
ZONING MAP 123-11
EXHIBIT "C"
LEGAL DESCRIPTION
PARCEL 1: - 5001Ming Avenue
That portion of Section 10, Township 30 South, Range 27 East, Mount Diablo
Meridian, in the City of Bakersfield, County of Kern, State of California,
according to the official plat thereof, more particularly described as
follows:
Commencing at the Northeast corner of said Section 10; thence South 0°
34' 20" West, 55.98 feet along the East line of said Section to the true
poing of beginning of this description; thence continuing along said East
line South 0° 34' 20" West 650.00 feet; thence North 89° 25' 40" seconds
West, %~0 feet; thence North 8° 18' 29" West, 519.05 feet to a point on a
non-tangent circular curve concave Southeasterly and having a radius of
2800.00 feet; a radial of said curve through said point bears South 20°
29' 18" East; thence Northeasterly alongisaid curve through a central angle
of 10° 13' 53", and an arc length of 500.00 feet to the true point of
beginning.
PARCEL 2: - 1701 and 1717 Canter Way
Lots 1 and 2 of Tract 3412, in the City of Bakersfield, County of Kern, State
of California, as per Map thereof recorded July 16, 1970 in Book 19, Page 90
of Maps, in the Office of the County ReCorder of said County.
EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances in or under
said land, as previously reserved of record.
PARCEL 3: - 1733 and 1801 Canter Way
Lots 3 and 4 of Tract 3412, in the City of Bakersfield, County of Kern, State
of California, as per Map thereof recorded July 16, 1970 in Book 19, Page 90
of Maps, in the Office of the County Recorder of said County.
EXCEPTING THEPdEFROM all oil, gas and other hydrocarbon substances in or under
said land, as previously reserved of record.
EXHIBIT "D"
.Y
.Y
~M~g Avel~e Zt Canter Way
SS-1
EXHiBiT "D"
Tree Planling
Retail Center
preliminary
EXHIBIT "D"
f
RECESSED DOCK
LLj
~ Loadin~l Dock Detail
Retail Center
Ming Avenue & Canter Way
Bakersfielc~ California
McClellanHunter
SD-1
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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 31 th day of August , 2000 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3972 , passed by the
August 2000 and
Bakersfield City Council at a meeting hetd on the 30th day of
entitled:
AN ORDINANCE AMENDING TITLIE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NOS. 123-10 AND 133-11 BY
CHANGING THE ZONING FROM R-1 CH (ONE-FAMILY DWELLING
CHURCH) AND R-3 (LIMITED MULTIPLE-FAMILY DWELLING) TO PCD
(PLANNED COMMERCIAL DEVELOPMENT) ON 4.77 ACRES
GENERALLY LOCATED ALONG THE SOUTH SIDE OF MING AVENUE
BETWEEN CANTER WAY AND RAIN TREE COURT (ZONE CHANGE p00-
0236).
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
S:\DOCUment\FORMS~,OP.ORD .wpd
August 31, 2000