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Home My WebLink AboutORD NO 4275 ORDINANCE NO. '1275 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-19) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM PCD (PLANNED COMMERCIAL DEVELOPMENT) TO A REVISED PCD (PLANNED COMMERCIAL DEVELOPMENT) LOCATED ON THE NORTHWEST CORNER OF CALLOWAY DRIVE AND MEACHAM ROAD (FILE NO. 05-0735). 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 located on the northwest corner of Calloway Drive and Meacham Road, as shown on attached Exhibit "B;" and WHEREAS, by Resolution No. 87-05 on July 7,2005 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-0735 as delineated on attached Zoning Map No. 102-19 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, 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 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 17, 2005, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial development; and WHEREAS, the City Council has considered and hereby makes the following findings; 1. All required public notices have been given 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The public necessity, general welfare and good zoning practice justify the requested change of zone from a PCD (Planned Commercial Development) zone to a Revised PCD (Planned Commercial Development) zone. -1 - ¡-}(-';t-::(èiNAr: 4. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 5. The conditions of approval, attached hereto as Exhibit "1" are needed to provide for orderly development, and the public health, welfare and safety; and 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.1 02-19 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D ". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A". 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--------- - 2 - \-"I\K.¡:.: '< ,,,. () ":1' ",'. :- !-- tr¡ ',) (:.' OF.'C!NAi - 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 OCT 1 2 ?nn"i by the following vote: --~ (,AY~ ,/ ,/ v v NOES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SU, LIJ'IAN SCRj)/NER COUNCILMEMBER ~-- ABSTAIN: /ÃBSENT:.J COUNCILMEMBER COUNCILMEMBER ~\,\~.~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cler Council of the City of Bakersfield OCT 1 2 2005 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~ ìJt· /Iw¡¡ Exhibits: A. Conditions. B. Location Map. C. Zone Map D. Legal Description LP I S:\ZoneChangeI05-0735\CCIOZC-CC.DOC 9/29/2005 - 3 - ""~K L' '< u C/o,' () .<!;. >- - r- fT1 _ r- o (:) ORiGINAL EXHIBIT "A" ZONE CHANGE (PCD) 05-0735 CONDITIONS OF APPROVAL PLANNING DEPARTMENT: 1 Landscaping plans shall be consistent with Zoning Ordinance requirements, including but not limited to installing a 7 -foot wide landscape strip containing evergreen trees planted no greater than 20 feet apart, along the entire northern and western boundaries and providing no less that 40% shade coverage within parking areas. 2 The wall located along all boundaries that abut residentially zoned property, including the western boundary of the project, at Theodora Avenue, shall be a solid masonry wall, measuring no less than 6 feet from highest adjacent grade. The gated access to Theodora Avenue shall be removed. 3 All Trash receptacles shall be located a minimum of 75 feet away from residences. 4 Light standards within 75 feet of adjacent residentially zoned properties shall not exceed a height of 25 feet. The maximum height of other light standards within the office complex shall not exceed 40 feet All lighting shall be shielded away from adjacent residences. MITIGATION MEASURES 5 If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist Mitigation measure as recommended in an Archaeological Study prepared by Three Girls and a Shovel, dated June 2005. SITE PLAN REVIEW CONDITIONS AND ORDINANCE COMPLIANCE The following are specific items that you need to resolve before you can obtain a building permit or be allowed occupancy. These items include conditions and/or mitigation required by previous site entitlement approvals (these will be specifically noted), changes or additions that need to be shown on the final building plans, alert you to specific fees, and other comments that will help you in complying with the City's development standards. The item will note when it is to be completed and each has been grouped by department so that you know who to contact if you have questions. A. DEVELOPMENT SERVICES· BUILDING (staff contact - Mike Quon 661/326-3676) 1. The developer shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. A final soils report shall also be submitted to the Building Division before they can issue a building permit Please note that approved grading plans must also match final building site plans and landscaping plans. 2. The developer shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that are within 20' of property lines. "", r ~ () .>" ¡T \-- r- Ò C) On:GjNAl Exhibit "A" PCD ZC 05-0735 Page 2 of 6 3. Include with or show on the final building plans information necessary to verify that the project complies with all disability requirements of Title 24 of the State Building Code. 4. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. 5. Final building plans shall show pedestrian access pathways or easements for persons with disabilities from public rights-of-way that connect to all accessible buildings, facilities, elements, and spaces in accordance with the California Building Code. These pedestrian access ways shall not be parallel to vehicular lanes unless separated by curbs or railings. B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673) 1. The minimum parking required for this project has been computed based on use and shall be as follows: Use Square Footaqe Parking Ratio Required Parkinq Medical/Office Complex 24,600 sq. ft. 1 space/138 sq. ft. 177 spaces Total Required 177 Spaces (Note: 'Parking standard per discussion contained in the staff report. 177 parking spaces are shown on the proposed site plan. ) 2. Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over landscape areas no more than 2Y:o feet provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles. 3. All parking lots, driveways, drive aisles, loading areas, and any other vehicular access ways, shall be paved with concrete, asphaltic concrete (A. C.), or other paved street surfacing material in accordance with the Bakersfield Municipal Code (Sections 15.76.020 and 17.58050 N.). 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 away from adjacent residential properties and streets. Use of glare shields or baffles may be required for glare reduction or control of back light. Alllíght poles, standards and fixtures, including bases or pedestals, shall not exceed a height of 40' above grade. The final building plans shall include a picture or diagram of the light fixtures being used and show how light will be directed onto the parking area. Please note that staff can require additional adjustments to installed lighting after occupancy to resolve glare of other lighting problems that effect adjacent properties. LP / s:\zonechange/05-0735/exh1 September 6, 2005 ~¡;'~¡:'Í' < Ó' C"¡-f", > rñ ¡.- r l) t:i ORIGINAL Exhibit "A" PCD ZC 05-0735 Page 3 of 6 5. The developer shall include a copy of a final landscape plan with each set of the final building plans submitted to the Building Division. Building permits will not be issued until the Planning Division has approved the final landscape plan for consistency with approved site plans and minimum ordinance standards (please refer to the attached landscaping requirements in Chapter 17.61). (NOTE: At the time a final site inspection is conducted, it is expected that plants will match the species identified and be installed in the locations consistent with the approved landscape plan. Changes made without prior approval of the Planning staff may result in the removal and/or relocation of installed plant materials and delays in obtaining building occupancy.) 6. 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 property grade. If the parking lot. including drive aisles, delivery areas, loading and unloading areas are within 10 feet of residentially zoned property, a 7 -foot wide landscape strip that includes landscaping consistent with Chapter 17.61 shall be installed between the wall and parking/drive areas (this will also be noted on the returned plan). 7. Habitat Conservation fees shall be required for this project and will be calculated based on the fee in effect at the time we issue an urban development permit (includes grading plan approvals) as defined in the Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). This fee is currently $1,240 per gross acre, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance occurs. 8. Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel, hospital, church, school), and industrial buildings adjacent to residentially zoned properties, shall be completely screened by parapets or other finished architectural features constructed to a height of the highest equipment, unfinished structural element or unfinished architectural feature of the building. 9. Refuse collection bin enclosures and container areas are subject to all required structural setbacks from street frontages, and shall not reduce any parking, loading or landscaping areas as required by the zoning ordinance. 10. In the event a previously undocumented oil/gas well is uncovered or discovered on the project site, the developer is responsible to contact the Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR). The developer is responsible for any remedial operations on the well required by DOGGR. The developer shall also be subject to provisions of BMC Section 15.66.080 (B.). LP / s:\zonechange/05-0735/exhl September 6, 2005 ,;;.11,;\/,_ o 0- '../)' Ò'c -, >-. t- f''' Õ ~, On;CiNh.t Exhibit "A" PCD ZC 05-0735 Page 4 of 6 11. The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control District (Regulation VIII) concerning dust suppression during construction of the project. Methods include, but are not limited to, use of water or chemical stabilizer/suppressants to control dust emissions from disturbed area, stock piles, and access ways; covering or wetting materials that are transported off-site; limit construction-related speeds to 15 mph on all unpaved areas/ washing of construction vehicles before they enter public streets to minimize carryoutitrack out; and cease grading and earth moving during periods of high winds (20 mph or more). 12. Prior to receiving final building or site occupancy, you must contact the Planning Division (staff contact noted above) for final inspection and approval of the landscaping, parking lot, lighting, and other related site improvements. Inspections will not be conducted until all required items have been installed. Any deviations from the approved plans without prior approval from the Planning Division may result in reconstruction and delays in obtaining building or site occupancy. C. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706) 1. Show on the final building plans the following items: a. All fire hydrants, both offsite (nearest to site) and on-site. Include flow data on all hydrants. Hydrants shall be in good working condition and are subject to testing for verification. Fire flow requirements must be met prior to construction commencing on the project site. Please provide 2 sets of the engineered water plans to Dave Weirather. (Note: All new fire hydrants must be purchased from the Fire Department) b 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. c. Name and phone number of the appropriate contact person. 2. The developer shall show on the final building plans a minimum 20' wide all-weather emergency access with an overhead clearance of 13!6\7' within 1501 of all buildings on the project site. The Fire Department must approve the final location and design of this access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. 3. 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 - George Gillburg 661/326-3997) 1. The developer shall install new connection(s) to the public sewer system. This connection shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. LP I s:\zonechangeI05-07351exhi September 6, 2005 >,¡\Þ,'¡':'A '<,Y C) '~~ ~=.. in t) (:; CF-11(ì¡NÞ,! Exhibit "A" PCD ZC 05-0735 Page 5 of 6 2. All on-site areas required to be paved (ie. parking lots, access drives, loading areas, etc.) shall consist of concrete, asphaltic concrete (Type B, A. C.) or other paved street material approved by the City Engineer. Pavement shall be a minimum thickness of 2 inches over 3 inches of approved base material (ie. Class II A. B.). This paving standard shall be noted on the final building plans submitted to the Building Division before any building permits will be issued. 3. 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. 4. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. An industrial waste permit must be obtained from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the waste water treatment superintendent at 661/326-3249. 5. Before any building or site can be occupied, the developer must reconstruct or repair substandard off-site improvements to adopted city standards as directed by the City Engineer. Please call the construction superintendent at 661/326-3049 to schedule a site inspection to find out what improvements may be required. 6. A street permit from the Public Works Department shall be obtained before any work can be done within the public right-of-way (streets, alleys, easements). Please include a copy of this site plan review decision to the department at the time you apply for this permit. 7. 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. 8. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued, or if no building permit is required, before occupancy of the building or site. This fee will be based at the rate in effect at the time the building permit is issued. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. 9. The developer shall, along the entire frontage of the development within Calloway Drive, either construct a landscaped median island or pay $32 per linear foot to the city for construction of the median island (;I,-width). Building permits will not be issued until one of these options is approved by the Public Works Department. 10. The developer shall form a maintenance district for maintaining the landscaped median island within Calloway Drive along the entire frontage of the development. LP / s:\zonechange/05-07351exh1 September 6, 2005 ( ·~ij,!í.l.' -9 ef' T ;,.. r- m ,- j-' /-: c: -¡)P:C?\JAl ì . -_..---._-,-- ..._~-_... ..- ..".-. .._-,- ~ Exhibit "A" PCD ZC 05-0735 Page 6 of 6 E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997) 1. Street return type approach(es), if used, shall have 20' minimum radius retums with a 25' minimum throat width. All dimensions shall be shown on the final building plans. F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114) 1. You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and/or recycled materials. Collection locations must provide enough containment area for the refuse that is generated by the businesses without violating required zoning restrictions (see Planning Division items). Levels of service are based on how often collection occurs as follows: >- Can or cart service :¡.. Front loader bin service >- Roll-off compactor service 1 cubic yard/week or less 1 cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day 2. Show on the final building plans 2 (two), 8' x 10' (inside dimension) refuse bin enclosures designed according to adopted city standards (Detail #$-43). Before occupancy of the building or site is allowed, 4 (four), 3 cubic yard front loading type refuse bins shall be placed within the required enclosures. 3. Show on the final building plans 1 (one), 6' x 8' (inside dimension) recycling bin locations. 4. Facilities that require infectious waste services shall obtain approval for separate infectious waste storage areas from the Kern County Health Department In no instances shall the refuse bin area be used for infectious waste containment purposes. 5. 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. 6. 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. LP / s:\zonechange/05-07351exh1 September 6, 2005 ~ÞKF \" ,. ..." C ,f; >. I::. r~J <.) 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EXHIBIT D BEING ALL OF PARCEL ONE OF PARCEL MAP No. 9527 IN THE CITY OF BAKERSFIELD, RECORDED IN BOOK 42 OF PARCEL MAPS AT PAGE 154 ON FILE IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF KERN, STATE OF CALIFORNIA AND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 27 EAST M.D.M. EXCEPTING ANY PORTION OF CALLOWAY DRIVE AND MEACHAM ROAD LYING EASTERLY AND SOUTHERLY OF THE LAND DESCRIBED IN INSTRUMENT No. 0200111262 OF OFFICIAL RECORDS. . P.K '< 'ò F~? a ,p >- ..... 1-_ !Ìì Õ i:o OFjiGfNAL 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 13th day of October, 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4275 ,passed by the Bakersfield City Council at a meeting held on the ~day of October. 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-19) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM PCD (PLANNED COMMERCIAL DEVELOPMENT) TO A REVISED PCD (PLANNED COMMERCIAL DEVELOPMENT) LOCATED ON THE NORTHWEST CORNER OF CALLOWAY DRIVE AND MEACHAM ROAD (FILE NO. 05-0735) PAMELA A McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY~~t ~~ DEPU Y C' Clerk S:\DOGUMENTlFORMSIAOP. 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