HomeMy WebLinkAboutORD NO 3723ORDINANCE NO. ~ 7 2 3
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-13 BY CHANGING THE ZONING OF 5.82
ACRES GENERALLY LOCATED ALONG THE EAST
SIDE OF STATE ROUTE 99 BETWEEN MCCALL
AVENUE, WHITE LANE AND MESA GRANDE STREET
FROM LIMITED MULTIPLE FAMILY DWELLING-
ARCHITECTURAL DESIGN AND REGIONAL
COMMERCIAL TO A PLANNED COMMERCIAL
DEVELOPMENT ZONE (ZC P96-0275).
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 east side of State Route 99 between McCall
Avenue, White Lane and Mesa Grande Street; and
WHEREAS, by Resolution No. 5%96 on June 20, 1996, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve R-3-D (Limited Multiple Family Dwelling-Architectural Design)
and C-2 (Regional Commercial) to a PCD (Planned Commercial Development) for the site
generally located along the east side of State Route 99 between McCall Avenue, White Lane
and Mesa Grande Street, as delineated on attached Zoning Map No. 123-13 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-3-D (Limited
Multiple Family Dwelling-Amhitectural Design) and C-2 (Regional Commercial) zones to
PCD (Planned Commercial Development) zoning and the Council has considered said f'mdings
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 April 24,
1996, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential and
commercial development; and
findings:
WHEREAS, the City Council has considered and hereby m~fices the following
followed.
All required notices have been given.
The provisions of the California Environmental Quality Act have been
environment.
The proposed project will not have a significant effect on the
4. The proposed PCD (Planned Commercial District) zoning district, as
conditioned and with the PCD requirements and restrictions, is consistent with the existing
Land Use Element land use designations, zoning districts and land uses in this general area.
5. The proposed PCD (Planned Commercial District) zoning district, as
conditioned and with the PCD requirements and restrictions, is consistent with the General
Plan, and the General Plan policies and goals.
6. The public necessity and general welfare justify the zone change to PCD
(Planned Commercial District).
7. The proposed PCD (Planned Commercial District) zoning district site
developed with a mini-storage facility will generate less vehicular traffic than would be
generated by development of the site to maximum R-3 (Limited Multiple-family) and C-2
(Regional Commercial) zoning districts development standards.
8. Development of the proposed PCD (Planned Commercial District)
zoning district site to a mini-storage facility (as shown on Attachments "A, B, C, D and E)
will provided assurances that the site and its development will remain compatible with the
existing land uses.
9. Inspection procedures are necessary to insure that chemicals, explosives,
gases, liquids, materials or other agents or a combination of such chemicals, explosives, gases,
liquids, materials or other agents which are health hazards, potential health hazards or which
may affect the health, safety and welfare of the populous and property are not stored on the
subject site. (S.17.54.060)
10. Pursuant to Section 17.54.060 of Title 17 of the Municipal Code, the
City Council has the latitude to require conditions either more restrictive or less restrictive
than those found elsewhere in the municipal code.
11. Signs in the Planned Commercial Development zoning district are
subject to the C-1 (Neighborhood Commercial) zoning district.
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12. The pylon sign shown on the site plan has a height of 34 feet while the
maximum height for a pylon sign in the C-1 (Neighborhood Commercial) zone is 25 feet, and
pursuant to Section 17.54.060 of the Municipal Code, the City Council has the latitude of
approving a pylon sign which exceeds the pylon maximum sign height allowed by the C-1
zoning district.
13. The proposed planned commercial development zone and preliminary
development plan is consistent with the general plan and objectives of this ordinance.
14. 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 conununity.
15. 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.
16. The "site plan review committee" has reviewed preliminary site plans of
the proposed mini-storage facility to ensure that development is consistent with adopted city
policies and to protect the health safety and welfare of the community through the
implementation of development standards, regulations and adopted General Plan policies of the
city.
17. The site plan review committee is required to review the final site plan.
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. 123-13
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 conditions of approval
listed in attached Exhibit "A".
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SECTION 2.
This ordinance shall be posted in accordance with provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
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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 0 7 1§§6
by the following vote:
AboTA~N: COUNCILMEMBER '~ ~ ~
ABSENT: COUNCILMEMBER ~ ~ Q ~
ACTING CITY CLERK and~Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: AUG 0 '/ B~8
MAYOR of the City of BaEersficld
APPROVED as to form:
JUDY K. SKOUSEN
CITY ATTORNEY
Exhibit "A"
Conditions of Approval
Zone Change P96-0275
Piannina Department
Site development shall be substantially as shown on Attachments "A, B, C, D and E." Where conditions of approval
and site plans are different the conditions of approval shall prevail. Prior to the City Council public hearing, site plans
shall be amended to show "site plan review committee" requirements, and where applicable, other conditions or
approval. The signs as shown on the site plan are hereby approved by the City Council. The pylon sign may have a
height of 34 feet and an area not to exceed 150 square feet. The wall sign shall be located as shown on the site plan
and shall not exceed 32 square feet. Any other sign must be approved pursuant to Section 17.54.100 of the Planned
Commercial Development zone of the Municipal Code.
The project shall comply with the San Joaquin Valley Unified Air Pollution Control District's "Regulation VIII
Fugitive Dust Rules."
Site Plan Review Committee
'A' CONDITIONS - REOUIRING PLAN CoILr~ETIONS: These changes must be reflected on the plans requital by
the Building Dcpanmont lbr ptanch~,ngk. TheBuildlngDepanmentwillnotbeglaplaneheekuntilnll ~A~condlthm$
are correctly indicated on the pinns submitted for plan check.
3. Indicate on the final plan all on-site fire hydrant locations and requinxl fire flows. (Fire)
Parking lot lighting shall be provided purmant to Section 1758.060 A of the Municipal Code. Lights shall be
desitme~ an'mgo& and shieldod to reflect away l¥om adjacent residential properues and streets with
evenly distributed across the parking area. All light fixtures shall be located betxveon 15 feet and 40 fe~t
grade. Lighting direction and light fixtures shall be shoxvn on the final site plan. (Planning)
The applicant shall construct 4.6' concrete sidewalks on Mesa Grande Street pursuant to city standattL
(Engm~nng Semces)
6. The applicant shall construct new cormecuon(s) to a public scwer. (Engineenng Services)
7. Indicate on the final plan one, 6' x 8' refu.s~ bin location(s) pursuant to City. Standard S-43. (Samm0on)
Indicate on the final plan 36' (top-to-top) wide drive approach(es) as indicated on the attached plan. Conttr the
dnw approach on the drive aisle. (Traffic Engincormg)
'B' CONDITIONS - REOUIRING COMPLETION PRIOR TO BUILDING PLAN CI IECK: Theee conditions must 10¢
satzaficd belbre the Building Dopartmont will begin checking plans submitted for plan cheek.
The applicant shall contact the Fire Safety. Control Division, 1715 Chester Avenue, Suite 300, (Fire Prevonn,,n
Bureau) for fire and safety requwements and provide one 11 ) set of building plato showing the required plan
~s to Fin: Safety. Control (Fire Marshal, 1805) 326-3951 ) prior to the final site plan being approved. (Fin:)
10.
in order to provide adcquatc fire protection during construction, the applicant shall install four fu'e hydraaris)
shown on the attached plans or provide alternative fire suppression as approved by the Fire Departmoat prior
final site plan approval. (Fire)
II.
The applicant shall provide four copies of the grading plans and two copies of the preliminary soils repota t~ the
Building Department. (Engincenng Scmcea and Building)
Exhibit 'A'
GPMZC P96-0275
Page 2
12.
A landscape plan and specification for iragat{on shall be submitted to the Planning Department for approval prior
to final site plan approval. (Planning)
13.
A Parcel Map Waiver is required to eliminate old lot lines from the subject parcel unless documentation can be
pn:mded prmmg that this parcel was legally created pnor to March 4, 1972, and resulted from a division of la~t
in which fewer than five parcels were created. (Planning)
14.
The San{tat{on Division shall be contacted to determine alternatives to allow the safe collection of refua~ and/or
recy¢lables. {Sanitation)
'C' - ADVISORY CONDITIONS: These are informational notes that might bc helpful to you and coneeros matters llmt
can be addressed after building plan check approval. The time requirements am stipulated in the condition.
15.
All streets and access roads to am:l around any building under construction must be at least 20 feet of unobslructed
x~dth and graded to prevent pending at all times. Barricades must be placed where ditches and barnera ¢'xiat in
readways. Emergency ','chicle access must be reliable at all times. t Fire)
16. Based upon available information, the fire flow requirement may be 3,500 gallons per minute.
All persons required to furnish fire hydrants are hereby required to purchase the required fu~ hydrants fi,.,~ the
City of Bakcrslield. (Fire)
17.
The applicanl shall proxidc the Fire Department with one set of approvcd water plans prior to the issuam~ of ~n:y
building permit. (Fire)
18.
This rcv;e,v does not include approval of any signs for the project. A separate permit is required for all new sign&
including construction signs, from the Building Department. {Building)
19.
['he applicant shall provide fire resistive wall construction details for exterior walls of buildings that are at or nentr
the proper{).' line. {Building)
20. Indicate on ~e final plan compliance with all handicap reqmrements pursuant to State Building Code. (Buildml0
21.
A final soils report shall be submitted to the Building Department prior to issuance of any building l:)¢nmt~.
(Building)
22. School District fees will bc assessed at the time of issuance of a buildiml vermit. (Building)
23.
Appm',~xt landscaping shall be installed prior to final building inspection or occupancy of any building. Land.sca[~
ira~l~cctions are on Fridavs Call Dave Dow at 326-3594 or Louise Palmer at 326-3680 prior to the Friday you wish
)'our inspection. (Planning)
2.4.
NOTICE - I lab{tat Conscr,'ation fees for this project will be calculated based on the fee in effect at the
(ctam~tly $1,240 per gross acre) payable to the Planning Department prior to issuance of an urban dewlopm~at
pernut (includes grading plan approvals) as defined in the lmplernentation/Management Agreement (Section 2.21)
for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, the applicant will
acknov,'ledgment of compliance with Metropolitan Bakersfield Habitat Conservation Phal
(Implementation/Management Agreement Section 3.1.4). (Planning)
Exhibit 'A'
GPA/ZC P96-0275
Page 3
25.
Prior to building occupancy. sub-standard off-site improvements shall be reconstructed to city, standard or repaired
as directed by the City Engineer. Please contact the construction superintendent at 326-3050 to deteranne the
extent of improvements required. (Enginecnng Sen'ices)
26.
A sewer connection fee shall be paid prior to issuance of a building p,m'nlt. The fee will be based on the current
adopted charges at the time of issuance of the building penrot. (Enginecring Services)
27.
A transportation impact fee for regional facilities shall be paid at the rate in effect at the time of isanmm~ of a
building l'xmmt. Ba,sed on the rate schedule in effect for thc 1994-1995 fiscal year and the proposed Im:~ect ase,
a rate of $38 per vehicular lnp would be anticipated. Upon submission of construction plans for the project, the
Public Works Dcpartmcnt will provtde an estimate of the total fee. (Enginecnng Services)
28.
A penrot from the Public Works Dcpartment is required prior to any work within city right-of-way (stre~ alley,
cascrnent). A copy of the approved site plan with conditions shall be submitted to the Public Works Deparaneat
at the time of application for a permit. (Engim.'cring Scrvices)
29.
The applicant shall provide one, three cubic yard front loading type refuse bin(s) for the comamment of refuse ~r
recyclables. (Sanitation)
30.
Facilities required to provide recycling areas shall provide locations of sufficient size as defined in Bakersfield
Municipal Code, Chapter 8.32. (Saturation)
31.
Facilities required to provide grease containment shall provide a storage location separate from refuse or ree~ling
bin locations pursuant to City Standard S43. (Sanitation)
32.
Facilities requiting infectious or medical waste services shall obtain approval for separate infectious or medical
waste storage areas from the Kern County Environmental Health Sen,ices Department. In no instances shall the
refuse or recyclthg bin area bc considered for infectious waste containment purposes. (Sanitation)
Public Works
33.
Municipal sewer semcc to each development. lot, or parcel shall be provided upon fuaher subdivision or
development of the GPA/zone change property.
34.
A drainage study. for a drainage system for the GPAJzone change arca shall be submitted to and approved by tim
City Engineer prior to submittal of any tentative subdivision maps or development plans. The drainage study
should include, but not rely be limited to, drainage calculations, pipe sizes and locations, the drainage haan
site(s) and size. and construction phasing.
35.
Ncces.sary flowage/drainage casements as indicaled in the approved drainage study, which may be off-site f, um
a proposed subdivision or project, shall be submitted to the City prior to recordation of any subdivision map or
approval of any development ptan within the GPA or zone change area.
p:gO275 ca
ATTACHMENT A
GENERAL PLAN AMENDMENT
AND ZONE CHANGE P96-0275
BUILDING - OBLIQUE VIEW
ATTACHMENT B
GENERAL PLAN AMENDMENT
AND ZONE. CHANGE P96-0275
BUILDING PROFILE
125 -15
Id-FO
N
C~ III
m
CITY OF BAKERSF £LO
ZONING' MAP
ATTACHMENT C
GENERAL PLAN AMENDMENT
AND ZONE CHANGE P96-0275
BUILDING FLOOR PLAN
,FLOOR PLAN
AND ZONE CHANGE P96-0275
SITE PLAN AND PHASING
40'
ATTACHMENT E
GENERAL PLAN AMENDMENT
AND ZONE CHANGE P96-0275
ENTRANCE
M E S A G R A N D E E L E V A TS 0 N
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 Acting City Clerk of the City of Bakersfield; and
that on the 9th day of August, 1996 she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3723, passed by the Bakersfield City Council at a
meeting held on the 7th day of August, 1996, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-13 BY CHANGING THE ZONING OF 5.82 ACRES
GENERALLY LOCATED ALONG THE EAST S1DE OF STATE
ROUT 99 BETWEEN MCCALL AVENUE, WHITE LANE AND
MESA GRANDE STREET FROM LIMITED MULTIPLE FAMILY
DWELLING-ARCHITECTURAL DESIGN AND REGIONAL
COMMERCIAL TO A PLANNED COMMERCIAL
DEVELOPMENT ZONE (ZC P96-0275)
/s/ PAMELA A. McCARTHY
Acting City Clerk of the City of B~kersfield
- DEPUT¥/ ity CJ k