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Home My WebLink AboutORD NO 3974ORDINANCE NO. '8 9 ~' Zl AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102- 19 BY CHANGING THE ZONING FROM R-I (ONE-FAMILY DWELLING) TO PCD (PLANNED COMMERCIAL DEVELOPMENT) ON 3.93 ACRES GENERALLY LOCATED ALONG THE NORTHWEST CORNER OF CALLOWAY DRIVE AND MEACHAM ROAD (ZONE CHANGE P00-0253). 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 northwest corner of Calloway Drive and Meacham Road; and WHEREAS, by Resolution No. 67-00 on June 15, 2000, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change P00-0253 as delineated on attached Zoning Map No. 102-19 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 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 plan designatiion 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 Bakersfield 2010 General Plan. The proposed amendment is consistent with the Land Use Element of the general plan. Subject site consist of 3.93 acres. A 105 year old ranch house is located on the site. This site development was approved by GPA P00-0253. The proposed project is unique in that the existing ranch house would continue to exist, however in the capacity of a restaurant, and that a fine dining restaurant would be located on the site. Unique amenities of the proposed restaurant include but are not limited to: a sculptured garden for relaxing; gazebos for intimate garden weddings; preservation of 80 year old oak trees and 100 year old eucalyptus trees; and, landscaping consisting of evergreen trees, rose gardens, fountains, shrubbery and color walls on trellises. The PCD zoning district requires site plans showing location of all land uses, including but not limited to structure location and type, access and landscaping. In assuring that a PCD site is developed as approved, the preliminary development plans are incorporated into and become a part of the city's zoning ordinance. Upon the effective date of the PCD zone, all land uses shall be in compliance with the final site plan as approved by the Site Plan Review Committee. In approving the PCD zoning district the Planning Commission and City Council have made 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, faciilities 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'1 exemption in accordance with Section 711 of the State 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. No. 102-19 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C ". 4. Such zone change is hereby made subject to the mitigation measures and conditions of approval listed in attached Exhibit "A" attached hereto and made a part hereof. 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. ......... o0o ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the ~iS/Go.~ ~a~field at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERCARSON, DEMOND, GREEN, MAGGARD, COUCH, SULLIVAN, SALVAGGIO COUNCILMEMBER ,,-~,v~_~.-- COUNCILMEMBER ,4cz/K..c. COUNCILMEMBER ~ APPROVED .AUG 3 O 2000 BOB PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ~ S:\Dole\P00-0253\CC Ord 6 30 00.wpd August 18, 2000 (10:51AM) C~~ ~_~ EXHIBIT "A" General Plan AmendmentSZone Change P00-0253 Mitigation Measures~Conditions of Approval Planning Applicant must plant entire perimeter adjacent to the block wall with a variety of tall evergreens, including redwood, cedar and pine trees. Perimeter evergreens shall be planted at a maximum distance of 25 feet apart. Applicant shall extend the block wall and match the subdivision wall to the west of the project. That wall shall be six feet high from the existing wall to the emergency access gate. East of the gate the wall will be stepped down to a maximum height of four feet to a point opposite the east property line of the residence on the south side of Meacham Road. The termination point of the wall would be approximately 113 feet east of the southwest corner of this projecrs property. The gate, if required by the Fire Chief shall be solid made of wooden planks or decorative metal (to block more than 50 percent of light). The approval of this project site is limited to projects "substantially" similar in nature (iea sit down restaurant). If the project is not built, only further PCD plans with projects of a similar nature will be permitted. The City Council and Planning Commission will be the judge of "substantially" similar. This condition will ensure compliance with the PCD ordinance and conditions of approval. Amplified music shall not be allowed. Neither brass nor percussion (except piano) instruments shall be played on the premises. Outside service and events shall not be conducted any later than 9 p.m., Sunday through Thursday, nor later than 10 p.m. on Friday or Saturday. Access to the subject site shall be limited to one centrally located ingress-egress drive fronting on Meacham Road and located approximately 180 feet of the curb return of Calloway Drive to Meacham Road. PubBic Works Dedication of right-of-way to arterial standards will be required for the full frontage of the GPNZone Change on Calloway Drive. Dedication of right-of-way to collector standards will be required for the full frontage of the GPNZone Change on Meacham Road. Dedication shall include the intersection expansion. Said dedication shall be submitted to the Public Works Department, signed and ready to record, prior to the GPNZC being heard by the City Council. Additionally, the applicant shall pay median fees for the full frontage on Carloway Drive. 2. The applicant shall request formation of a maintenance district and pay all applicable fees. , Upon development of the site, place traffic interconnect conduit in Carloway Drive for the full frontage of the GPNZC. The applicant shall make provisions for on-site drainage by either retaining it on site and/or conveying it to other existing off site facilities. if the latter course is chosen, applicant must provide calculations showing the existing facility has the capacity for the additional drainage or shall modify the existing facility to accommodate the additional drainage. ORiG!NAL Exhibit "A" GPA/ZC P00-0253 Page 2 PRELIMINARY SITE PLAN COMPLIANCE LIST For GPA/ZC (PCD) P00-0253 The following are specific items that the Site Plan Review Committee has noted that you need to resolve before you can obtain a building permit or be allowed occupancy. These items may include changes or additions that need to be shown on the final building plans, alert you to specific fees, and/or are comments that will help you in complying with the City's development standards. Each item will note when it is to be completed and they have been grouped by department so that you know who to contact if you have questions, A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 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. Include with the final site plan documentation, or show changes on the final plan that the project cornpries with all disability requirements of Title 24 of the State Building Code. The applicant shall obtain all required approvals from the Kern County Environmental Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for any food handling facility, (ie. market, delicatessen, caf~, 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) except no wall signs, freestanding signs shall be permitted nor monument signs in excess of three (3) feet high by four (4) feet wide shall be permitted. Signs not visible from off the premises are not subject to the preceding sentence's limitations. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. B. DEVELOPMENT SERVICES ~ PLANNING (staff contact - Dave Reizer 661/326-3673) Approval of the project is subject to the project having 144 parking spaces as shown on the site plans. The parking area at the northwest portion of the parcel has 2-way traffic flowing into 1 - way traffic going the opposite direction. This is not allowed unless the drive aisles are a minimum of 20 feet wide to allow 2-way travel. Either redesign to widen the drive aisle or make this a 1-way loop. ORiGiNAL Exhibit "A" GPNZC P00-0253 Page 3 Approved Bandscaping, parking, lighting, and other related site improvements shall be installed and inspected by the Planning Division before final occupancy of any building or site. Please schedule final inspections with Dave Reizer (661/326-3673). Overlooks from windows, balconies, and decks of the second floor or higher floor into rear yards of property containing single family homes must be architecturally screened. Screening proposals must be appreved by the Planning Division before building permits will be issued. No windows on the second floor or above on the north or west sides shah be permitted which would provide views to the adjacent residential properties. 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 measured from the highest adjacent finished grade consistent with and as shown on existing attached development plans (Exhibit D). 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). Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A). Lights sha~l be designed, arranged, and shielded to reflect light away from adjacent residential properties and streets. All light fixtures shall be between 12' and 16' above grade with illumination evenly distributed across the parking area. Lighting direction and type of light fixture shall be shown on the final site plan or included with the building plans. Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel, hospital, church, school) shall be completely screened by parapets or other finished architectural features constructed to a height of the highest equipment, unfinished structural element or unfinished architectural feature of the building. The applicant shall submit one (1) copy of the final landscape plan to the Planning Division, and include a copy of this plan with each set of the final building plans. Building permits will not be issued until the Planning Division has approved the final landscape plan for consistency with apprcved site plans and minimum ordinance standards (please refer to the attached standards - Chapter 17.61 ). FIRE DEPARTMENT (staff contact - Greg Yates 661/326-3939) 1. Show on the final site plan: All fire lanes as indicated on the n.=turned plans, or as they may be modified by the Fire Department. The emergency access at the southwest corner of the site may be relocated to the northeast corner of the site if required and appreved by the Fire Chief and Public Works Director. The proposed emergency gate at the west side of the site connecting to Theodora Street shall be eliminated and a wall and fence shall be installed as depicted on Exhibit "E". 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. ORIGINAL Exhibit "A' GPNZC P00-0253 Page 4 Both offsite (nearest to site) and on-site fire hydrants with required fire flows. New fire hydrants shall be sited and installed in accordance with the latest adopted version of the California Fire Code. Hydrants must be in working order to assure that adequate fire protection is available during construction unless other arrangements for such protection are approved by the Fire Department. Please provide 2 sets of the engineered water plans to Greg Yates. (Note: A~ new fire hydrants must be purcha,sed from the Fire Department.) If the project has fire sprinkler or stand pipe systems. The Fire Department will issue guidelines for connection locations (FDC) when automatic sprinkler and stand pipe systems are required. Project address, including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. e. Name and phone number of the appropriate contact person. The applicant must request an inspection of any underground sprinkler feeds at least 24 hours before they are buried. The Fire Safety Control Division (1715 Chester Avenue, Suite 300, Bakersfield, CA; Ph. 661/326-3951) must complete all on-site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. All access (permanent and temporary) to and around any building under construction must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent water ponding. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. D. PUBLIC WORKS ~ ENGINEERING (staff contact - Lauren Dimberg 661/326-3585) The applicant shall construct sidewalks along Meacham Road & Calloway Drive according to adopted city standards. These improvements shall be shown on the final site plan submitted to the Building Division before any building permit will be issued. The applicant shall construct standard handicap ramps at the northwest corner of Meacham Road & Calloway Drive according to adopted city standards. These improvements shall be shown on the final site plan submitted to the Building Division before any building permit will be issued. The applicant shall install new connection(s) to the public sewer system. This connection shall be shown on the final site plan submitted to the Building Division before any building permit 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 site plan submitted to the Building Division before any building permit will be issued. If a grading plan is required by the Building Division, a building permit will not be issued until the grading plan is appreved by both the Public Works Department and Building Division. Before you can occupy any building or s te, you must reconstruct or repair substandard off-site improvements to adopted city standards as directed by the City Engine~?;v~::'~ Exhibit "A" GPNZC P00-0253 Page 5 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 (strsets, 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. 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 permit is issued. A change in use of an existing building that increases vehicular traffic will be subject to a fee based on the net increase of traffic. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. 10. The applicant shall provide an on-site retention basin or provide calculations to show that existing facilities have the capacity to accept drainage from this development. 11. The applicant shall dedicate additional right-of-way on Calloway for the existing right-turn lane. E. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114) Show on the final plan 1 (one), 10' x 20' refuse bin enclosure designed according to adopted city standards (Detail #S-43) shall be located at the southeast corner of the site. Before occupancy of the building or site is allowed, 4, 3 cubic yard front loading type refuse bin(s) shall be placed within the required enclosure(s). Before building permits can be issued or work begins on the property, you must contact the staff person noted above to establish the level and type of service necessary for the collection of refuse and/or recycled materials. Facilities that require grease containment must provide a storage location that is separate from the refuse bin location. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. The Solid Waste Division will determine appropriate service leve~s for refuse collection required for a project. These levels of service are based on how often collection occurs as follows: Can OF 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 S:\Dole\P00-0253~Amended Conditions.wpd July 14, 2000 (3:46PM) CITY OF BAKERSFIELD ZONING MAP SEC ~9 · 29s LEGEND 102 -19 R. 27E EXHIBIT "C" GENERAL PLAN AMEnDMENT/ZONE CHANGE P00-0253 LEGAlL DESCRIPTION FOR GENERAL PLAN AMENDMENT / ZONE CHANGE PARCEL 1 OF PARCEL MAP NO. 9527, PER MAP FILED IN BOOK 42 OF PARCEL MAPS, AT PAGES 154-155 IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUI~iTY OF KERN, STATE OF CALIFORNIA. CONTAINING 3.93 GROSS ACRES (3.04 NET ACRES), MORE OR LESS, EXHIBIT "D" ~,~r' ~ (E~-~" ! -: .-_ i ;'j:~,. 4 · I- ~'"%"I~f~RELIMINARY LANDSCAPE L YOUT A LANDSCAPE SCHEDULE~.;+~ SYM SIZE QTY l'yp BOTANICAL NAME COMMON NAME TREES SHRUBS GROUNOCOVSRS LANDSCAPE NOTES $ TREE RATIO: EVERGREEN TREE SPECtES- 75% DECIDUOUS TREES - 25% 2 ALLEXISTINGLARG~TREESWILLBETRI~MEDANDPRUNEDANDW~LREMA[~AS PART OF THE NEW LANDSCAPE SCHEME 3 S~E CIVIL ENGINEERING AND ARCHITECTURAL PLANS FOR OT,~ER S~TE IMpROVEME/~TS 4 ALLLANDSCAPEDAR~ASWILLBE~RRIGATEDW~ANAUTOMATiCJRRrGAT~ON SYSTEM LIT~LIZING LOW VOLUME EMh'~ERS UNDERGROUND IRRIGATION ANO SpRAy HEADS EXHIBIT "D" EXHIBIT "D" ojoooonolo e f~- IIIIIJl IIII/ / I IllllJllliJ| ii1111 IIIt/ i I lilllllllllll~ I tt11111 IIIIJ LZIIIIIIIIIII1 I I1~11 I IllI NAME:_ NAME: i/~7~'-/~_ 4- L"%''-~/4,y NAVE: ._ , ADDRESS: c/ ~~ ~I 'Vpt~ J~Prc ,4~'~' NAME: ADDRESS: c~ J A ,LiEj~ SCALE: I"= 10 I-- LOT " ' ........~:~ .'.' ........:-'r ......' s' H~GH FEt~CE 0~ fOP OF--j LOp~N FOR 6" H~GHJ OPB~ FOR7 LOAfE FOR PEOESTRIAN ACCESS ELEVATION - LOOKING EAST TOWARDS SEDONA MANOR FROM THEODORA STREET 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 qt~alified 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. 3974 , passed by the 30th day of August 2000 and Bakersfield City Council at a meeting held on the entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-19 BY CHANGING THE ZONING FROM R-1 (ONE-FAMILY DWELLING) TO PCD (PLANNED COMMERCIAL DEVELOPMENT) ON 3.93 ACRES GENERALLY LOCATED ALONG THE NORTHWEST COIRNER OF CALLOWAY DRIVE AND MEACHAM ROAD (ZONE CHANGE P00-0253). /s/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield S:\Document%FORMS~AOP.ORD.wpd AuguSt 31,2000