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HomeMy WebLinkAboutORD NO 3984ORDINANCE NO. 3 9 84, AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102- 20 BY CHANGING THE ZONING FROM A C-2 (COMMERCIAL) ZONE TO A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE CONSISTING OF A 440,306 SQUARE FOOT COMMERCIAL SHOPPING CENTER ON 52 ACRES GENERALLY LOCATED ON THE NORTHWEST CORNER OF ROSEDALE HIGHWAY AND MAIN PLAZA DRIVE (FILE # P00- 0519) 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 on the northwest corner of Rosedale Highway and Main Plaza Drive; and WHEREAS, the proposed project, commonly known as "Northwest Promenade Phase 2" is shown on the site plan and elevations attached as Exhibit "B" consists of the following: 8 Major Retail Stores 4 Retail Shops 6 Freestanding Pads (Includes: 2 restaurant pads; 1 fast food pad; 1 retail store pad; 2 pads with combination of fast food and retail) 373,406 square feet 35,500 square feet 31,400 square feet Total Square Feet 440,306 square feet; and WHEREAS, by Resolution No. 88-00 on September 7, 2000, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a PCD (Planned Commercial Development) zone as delineated on attached Zoning Map No. 102-20 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 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 August 17 and 23, 2000, 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 CEQA have been followed. 3. Based on an initial study, the proposed Negative Declaration is adequate. 4. The zone change is consistent with the Metropolitan Bakersfield 2010 General Plan and the RiverLakes Ranch Specific Plan. 5. The 52 acre project site to be zoned PCD (Planned Commercial Development) is subject to the site plan and conditions of approval for PCD Zone Change P00-0519. 6. The proposed planned commercial development zone and preliminary development plan are consistent with the general plan and objectives of this ordinance. 7. The proposed planned commercial 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. 8. The proposed planned commercial development justifies exception from the normal application of this code im that it integrates such elements as the location of structures, circulation pattern, parking, landscaping and utilities, together with a program for provision, operation, and of all areas, improvements, facilities and services provided on the property. 9. The 52 acre project site to be zoned to a PCD (Planned Commercial Development) zone, subject to conditions of approval as shown in attached Exhibit "A", is adequate in size and configuration to provide a commercial environment of sustained desirability and stability. 10. The project must be granted a "de minimis: exemption with respect to the payment of Fish and Game Section 711 fees. 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 State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced 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. 2 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. 102-20 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. 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 2 5 ?000 b the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APp OVED OCT 2 5 ZOO0 Vice Nayor ]rma CaFson APPROVED as to form: BART THILTGEN City Attorney By: ~ CARL HERNANDEZ Deputy City Attorney List of Exhibits: A: Conditions of Approval A.1. GET Bus Tumout Design B: Site Plan and Elevations C: Zone Map # 102-20 D: Legal Description jeng \\ S:~Z. oneChange~z519\cc\Ord-CC.wpd September 15, 2000 3 EXHIBIT "A" PCD ZONE CHANGE P00-0519 NORTHWEST PROMENADE PHASE 2 CONDITIONS OF APPROVAL PUBLIC WORKS (Discretionary Conditions) Prior to recordation of the parcel map, the subdivider shall 1.1 submit to the City Engineer for his review and approval a drainage and grading plan with soil report. The soil report is to include R-values and percolation tests for retention basin site. 1.2 submit to the Public Works Department and the Building Department for their review and approval a comprehensive plan for providing sewer service to each proposed use or parcel. Include pipe sizes and slopes. 1.3 provide easements as necessary based upon the approved drainage and sewer plans. 1.4 submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Parcel Map which will prohibit occupancy of any lot until all improvements have been completed by the subdivider and accepted by the City. 1.5 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 water retention basin(s) and associated storm drain lines and appurtenant facilities. 1.6 ensure that each cable television company provides notice to the City Engineer of its intention to occupy the utility trench, 2 On Rosedale Highway, 2.1 The number and location of entrances will be determined and approved by CalTrans 2.2 Dedicate additional right-of-way needed for widening Rosedale Highway to a half width of 67 feet. 2.3 Construct street improvements, including curb & gutter, 5.5 ' wide sidewalk, street lights and street paving to City standards and as approved/required by CalTrans. The improvement plans must be approved by the City Engineer prior to submission to CaITrans. 2.4 The developer may either pay his pro-rata share of the cost of a landscaped median island or he may construct the full width landscaped median island with the City reimbursing him for the south half of the median. Provide a mechanism for payment of maintenance costs. Landscape and irrigation plans must by approved by the Parks Department prior to submission to CalTrans. 3 Prior to 50% buildout, provide right-of-way and construct a local road connecting the west side of the project site with Calloway Road, to connect at the existing signal location on Calloway. 4 If the subdivider is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. Exhibit "A" PCD ZC P00-0519 Page 2 5 6 A traffic impact study was prepared by Pinnacle Engineering for a Major Retail project of 440,300 GLFA. Since the development is consistent with the current General Plan designations the project was evaluated for it's impacts at full project build out which was considered to occur by 2005. Based upon the study we have the following comments and recommendations: 5.1 Opening Day Mitigation. The following improvements are to be constructed with the project. Since both of these are on the Caltrans facility final approval must come from Caltrans. 5.1.1 Construction of a traffic signal at the main entrance on Rosedale Highway. However, per CalTrans requirements, the applicant must justify the need for a signal west of Main Plaza. If the signal is justified, the proponent must then evaluate the proposed location of this signal as opposed to placing in at Delbert St. 5.1.2 Widen Rosedale Highway to full width along the project frontage with right turn lanes into each entrance. Continuous right turn lanes are not recommended. Striping or barrier curb, acceptable to Caltrans, must be built to satisfactorily delineate the right lanes to avoid potential confusion and conflict. 5.1.2.1 A supplemental driveway analysis was performed which showed at 2005 a traffic signal IS NOT expected to be warranted on Main Plaza Drive at the main east-west cross aisle. The aisle lines up with the main cross aisle from Phase I. However, with the combined traffic at this point there is the potential need for a signal at this location. 5.3 Prior to issuance of the first building permit or recording of the first map the developer shall enter into an agreement with the City for the potential future construction of this signal. A cash deposit of $25,000 will be required with the agreement, with an assurance that, should the City determine that a signal is necessary at this intersection, the developer shall pay the remaining cost to install the signal. At the time it is determined to be needed, the City may utilize the $25,000 to install a median turn restriction at the intersection instead of installing a traffic signal. The developer shall retain the option of installing a traffic signal at any time and may request a refund of his deposit if a median turn restriction has not yet been constructed. This deposit, if unutilized, could be released within a year of full project build out or some other acceptable threshold subject to review of the need for said signal at that time. Regional Impact Fee. The project traffic was distributed over the facilities on the fee list and the fee was computed per policy. The fee was computed to be $1,115,588 which equates to $2,533.70 per 1,000SF of GLFA. It should noted per the attached letter that a credit is expected for the podion of Rosedale Highway constructed along the project frontage. Concurrently with recordation of the parcel map, the following covenant shall be recorded by the property owner: a covenant containing information with respect to the addition of this subdivision to the consolidated maintenance district. Said covenant shall also contain information pertaining to the maximum anticipated annual cost per single family dwelling for the maintenance of landscaping associated with this tract. Said covenant shall be provided to each new property owner through escrow proceedings. Exhibit "A" PCD ZC P00-0519 Page 3 PLANNING (Discretionary Conditions) 7 The Northwest Promenade Phase 2 is approved with a total square footage of 440,306 square feet as shown on attached Exhibit "3" and as summarized below: 8 Major Retail Stores 4 Retail Shops 6 Freestanding Pads (see Condition # 7.1 ) 373,406 square feet 35,500 square feet 31,400 square feet 7.1 The fast food/drive-through, restaurant and retail uses and square footages depicted on the site plan (attached Exhibit "3") for the freestanding pads may be interchanged among the freestanding pads with final development pads. The total square footage for each type of use, and the cumulative total of 31,400 square feet for all the pads must not be exceeded. Specifically describes the proposed square footage approved for the shopping center. Condition 7. 1 allows developer flexibility to market and obtain tenants for the freestanding pads as long as the overall project impacts do not increase or create new significant impacts. 8 Final landscape plans shall be submitted with the final development plans and shall incorporate the standards and details presented in the preliminary landscape plan and as described in BMC Section 17.53.060 with the following conditions. 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 Landscape setback areas along Rosedale Highway and Main Plaza Drive shall be developed with bermed landscaping to provide a visual screen to commercial parking areas as required in the RiverLakes Ranch Specific Plan. Berm cross sections and details shall be included with the final development and landscaping plans. The minimum width for landscaping along Rosedale Highway and Main Plaza Drive is 23 feet wide. Landscaping shall extend along the west side of Main Plaza Drive along the tower line frontage to the north boundary of the project site to match the landscaping on the east side of Main Plaza Drive. Final landscape plans shall include the parking areas provide the minimum 30% coverage of tree shading in accordance with Landscaping Ordinance § 17.60,030 M. A minimum of 30% of the total number of trees in the entire project site shall be evergreen species. Tree sizes shall be a minimum of 15 gallon, except minimum 24 gallon size trees are required for species shown as 24 gallon size on the preliminary landscape plan (Exhibit "3.") Final landscape plans shall ensure trees adjacent buildings with main entrances facing parking lots in accordance with Landscaping Ordinance Section 17.61.030 N. All freestanding pad structures shall include a minimum of two trees adjacent to any elevation facing a parking area or drive aisle. The minimum height of the California Fan Palms shown on the conceptual landscape plan shall be 15-feet. The required tree height shall be labeled on the final landscape plan. Ensures consistency with the landscaping standards contained in the City~ Zoning Ordinance and the RiverLakes Ranch Specific Plan, and the proposed conceptual landscape plan submitted by the applicant. Italic text provides reason for condition. 9 10 11 12 13 Exhibit "A" PCD ZC P00-0519 Page 4 Freestanding building pads which will not be built on immediately after grading shall be hydroseeded or tufted and maintained along with other required landscaping. Pad areas to be tufted shall be labeled as such on final development plans and a perimeter barrier to prevent vehicular access shall be provided. Assists in reducing dust and weeds on undeveloped areas Because the freestanding pads are closest to Rosedale Highway and Main Plaza Drive, there is increase visibility of the undeveloped pads. Turfing the freestanding pads provides for a more pleasing view of the pad areas adjacent these highly traveled streets until construction of the sites begins. Applicant shall provide a perimeter barrier (such as curbing) to prevent vehicular access to all major and in-line shop building areas not immediately constructed. Major and in-line shop buildings which will not be constructed immediately after grading shall be, at the option of the developer, either be a) tufted, b) landscaped, or c) treated and maintained with a dust binder. Assists in reducing dust and weeds on undeveloped areas and provides for aesthetic enhancement of the vacant areas until construction of the sites begins. The applicant shall maintain the area within the tower easement for weed and litter control to reduce fire hazards and nuisance. The method of weed control shall be one that produces minimal dust, such as mowing. Applicant shall install a perimeter barrier along the south boundary of the tower easement to prevent vehicular access into the easement. Needed for public health, welfare and safety to reduce fire hazard and maintain dust control In accordance with the RiverLakes Ranch Specific Plan, the applicant shall construct a 6-foot high wall along the northern and western parcel boundaries of the project site, including the fire station, concurrently with the issuance of the first building permit for any major tenant or in-line shop building. Wall would not be required if a building permit is issued for only a freestanding pad. Ensures consistency with the development policies related to walls contained in the RiverLakes Ranch Specific Plan. Prior to submitting the final development plan, subdivider shall contact the Kern County Fire Department to inquire whether the Department desires a gate in the wall and driveway access directly from the fire station to the shopping center. If the Department desires such an access, the applicant shall coordinate design of the gate and access with the Department and construct the gate and access concurrently with the block wall required along the western perimeter of the center. Applicant shall submit evidence that the inquiry has been made with the Fire Department. Police power to provide for the public health, welfare and safety. Italic text provides reason for condition. Exhibit "A" PCD ZC P00-0519 Page 5 14 The applicant shall provide a bus shelter and turnout on a concrete pad within the shopping center in the vicinity of the buildings shown as "Major 5" and "Shops B" or in another on-site location mutually agreeable between the applicant and Golden Empire Transit (GET). The bus shelter and turnout and elevation shall be shown on the final development plan, The elevation of the shelter shall be complementary to the center's architecture. Written approval from GET as to location and design shall be submitted with the final development plan. A typical turnout design is attached to these conditions as Exhibit "1 .A." Provides for the public health, we/fare and safety. 15 Prior to or with submittal of final development plans, the applicant shall submit an application for a Comprehensive Sign Plan. Plan shall include design of the "Primary Community Entry" signage identified in the RiverLakes Ranch Specific Plan as located at the northwest corner of Rosedale Highway and Main Plaza Drive. No signage, except for temporary construction signs, shall be permitted prior to approval of a comprehensive sign plan. A comprehensive sign plan requirement is consistent with the condition placed on Phase 1 of the Northwest Promenade Shopping Center. Typical/y, staff recommends a sign plan be approved by the Commission in order to maintain the flavor and aesthetics of the shopping center. 16 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 recommended by the Southern San Joaquin Valley Information Center Archeelogical Inventory as stated in their letter dated June 21, 2000. SITE PLAN REVIEW 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. 17. 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. 2. Include with the final site plan documentation, or show changes on the final plan that the project complies with all disability requirements of Title 24 of the State Building Code. Italic text provides reason for condition. Exhibit "A" PCD ZC P00-0519 Page 6 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. 4. 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). 6. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. 17.B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326- 3673) The minimum parking required for this project shall comply with the requirements of BMC Section 17.58.110 (Parking Ordinance). For informational purposes the parking has been computed below based on uses shown on the proposed site plan at the rate shown in BMC § 17. 58. 11 O, the project requires a minimum of 1,934 spaces. Note that 2,696 parking spaces are shown on the proposed site plan. Use Shopping Center *Gross floor area up to and including 35,000 sq. ft. Square Parking Required Foota,qe Ratio Parkin.q 35, 000 sq. ft. 1 space/200 sq. ft. 175 spaces *Gross floor area in excess of 35,000 sq. ft 390,506 sq. ft. 1 space/250 sq. ft. 1,562spaces *Free standing (single used satellite pads fast food/ restaurants. 14,800 sq. ft. 1 space/75 sq. ft. 197 spaces Total Required: 1,934 spaces 2. 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 approved site plans, zone change conditions of approval, and minimum ordinance standards. Italic text provides reason for condition. Exhibit "A" PCD ZC P00-0519 Page 7 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 Dave Reizer (661/326-3673). 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. 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 shall be designed, arranged, and shielded to reflect light away from adjacent residential properties and streets. All light fixtures shall be between 15' and 40' 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. 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 initially 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 the Planning Division). 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. Italic text provides reason for condition. Exhibit "A" PCD ZC P00-0519 Page 8 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.) 10. Prior to issuance of a building permit, a common access and parking easement and/or covenant shall been recorded for the shopping center. 17.C. FIRE DEPARTMENT (staff contact - Greg Yates 661/326-3939) 1. Show on the final site plan: 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 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: All new fire hydrants must be purchased 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. d. 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. Exhibit "A" PCD ZC P00-0519 Page 9 The applicant shall obtain all necessary approvals from the Fire Department for fuel tanks or related facilities before they are installed on the site. Please contact the Environmental Services Division at 661/326-3979 for further information. 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 661/326-3979 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. 17.D. PUBLIC WORKS - ENGINEERING (staff contact - Lauren Dimberg 661/326-3585) The applicant shall construct curbs, gutters, cross gutters, sidewalks, and street paving along Rosedale Highway and Main Plaza 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. Deceleration lanes shall be constructed at each entrance of Rosedale Highway. Curb and gutter west of the west entrance on Rosedale Highway to the fire station to be constructed at the ultimate location. The applicant shall install 6 street lights along Rosedale Highway and Main Plaza Drive as shown by staff on the returned site plan. The applicant shall be responsible for providing the labor and materials necessary to energize all newly installed street lights before occupancy of the building or site. 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 each entrance on Rosedale Highway and Main Plaza 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. Exhibit "A" PCD ZC P00-0519 Page 10 6. If a grading plan is required by the Building Division, a building permit will not be issued until the grading plan is approved by both the Public Works Department and Building Division. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. You must obtain an industrial waste permit 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. 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 and/or Caltrans before any work can be done within the public right-of-way. Please include a copy of this site plan review decision to the department at the time you apply for this permit. 10. Sewer connection fees shall be paid at the time a building permit is issued. We will base these fees at the rate in effect at the time a building permit is issued. 11. If the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No. 92-08-DWQ) must be filed with the State Water Resources Control Board in Sacramento before the beginning of any construction activity. Compliance with the general permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out, and always be available for public inspection during normal construction hours. 12. A transportation impact fee for local and regional facilities shall be paid at the time a building permit is issued. This fee will be based on the traffic study for this project. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. 13. The developer shall, along the entire frontage of the development within Rosedale Highway, construct a landscaped median island. Landscape plans to be approved by the City Parks Department. 14. The developer shall form a maintenance district for operating and maintaining the traffic signal at the main entrance on Rosedale Highway. 17.E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997) 1. Street return type approach(es), if used, shall have 20' minimum radius returns with a 24' minimum throat width. Exhibit "A" PCD ZC P00-0519 Page 11 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 widths shall be shown on the final plan. Show the typical parking stall dimensions on the final plan. Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over landscape areas, including tree wells, no more than 21/2 feet provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles as required by the Planning Division. 4. Proposed Traffic signal on Rosedale Highway at main entrance shall be operational before any part on this phase opens. 5. Construct Rosedale Highway to ultimate width adjacent Freestanding Pad 6. 17.F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114) Show on the final plan 6, 8' x 10' and 3, 8' x 20' refuse bin enclosures designed according to adopted city standards (Detail #S-43). Before occupancy of the building or site is allowed, 14, 3 cubic yard front loading type refuse bins shall be placed within the required enclosures. 2. Show on the final plan 8 compactor roll-off bin location(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 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, 6. 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 levels for refuse collection required for a project. 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 1 cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day S:NZoneChangeXz519~ccXEXA.wpd September 15, 2000 "',, EXHIBIT "A.l." 50' R SIDEWALK 50' R 01 PASSENGER WAITING PAD CONCRETE PAD FORMED VALLEY GUTTER 1., ..,,2. ,/ t 50' R 15' NO DRIVEWAYS SHELTER 50'R TURNOUT DESIGN NORTHWEST PROMENADE PHASE 2 EXHIBIT "B" N O T PHASE 2 SITE PLAN PHASE 2 A~EA ANALYSE; MA3OR '3' (1YaWl 23,753 SF EXHIBIT "B" CONCEPTUAL SITE PLAN EXHIBIT "B" MAJOR R6'~EDALE H'"~'GHWAY CONCEPTUAL LANDSCAPE PHASE 2 NORTHWEST PROMENADE E EXHIBIT "B" VIGNETTE- 1 EXHIBIT"B" VIGNETTE - 2 KEY PL,~kN ~ EXHIBIT "B" VIGNE'I'FE - 3 HOtPER PROPERTIES /HOROWITZ & ASS CIATES BAKE~ELD ~FORN~ ~e~c~ EXHIBIT "B" SOUTH ELEVATION SOUTH ELEVATION BLDG. ELEVATIONS ,, BAKERSFIELD PlOPPER PROpER_TIE~ EXHIBIT "B" SOUTH ELEVATION SOUTH ELEVATION BLDG. ELEVATIONS BAKEI~F~ELD C~FORN~A M40P~ER ~PROPER'TIES EXHIBIT "B" NORTH ELEVATION NORTH ELEVATION BLDG. ELEVATIONS BAKERSFIELD EXHIBIT "B" ---,~ ..... ,., .... ~.- .._..,~ ~ ,. NORTH ELEVATION EAST ELEVATION NORTH ELEVATION BLDG, ELEVATTONS PCD CITY OF BAKERSFIELD ZONING MAP 102-20 SEC 20 T 29s R. 27~ LEGEND N ,n P PCD EXHIBIT "D" PCD ZONE CHANGE #P00-0519 NORTHWEST PROMENADE PHASE 2 LEGAL DESCRIPTION PARCELS 1 AND 2 OF PARCEL MAP 6521, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP FILED SEPTEMBER 15,1983 IN BOOK 30, PAGE 6 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND LYING WITHIN THE SOUTH HALF OF SECTION20, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M. D. B. M., ALL OIL, GAS AND OTHER MINERALS CONTAINED WITHIN THE PROPERTY HEREINABOVE DESCRIBED WHETHER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED; ALL OIL, GAS AND OTHER MINERAL RIGHTS BELONGING OR APPERTAINING TO SAID PROPERTY; THE EXCLUSIVE RIGHT TO PROSPECT FOR, DRILL FOR, PRODUCE, MINE, EXTRACT AND REMOVE OIL, GAS AND OTHER MINERALS UPON, FROM AND THROUGH SAID PROPERTY; THE EXCLUSIVE RIGHT TO INJECT IN, STORE UNDER AND THEREAFTER Withdraw FROM SAID PROPERTY OIL, GAS AND OTHER MINERALS AND PRODUCTS THEREOF WHETHER PRODUCED FROM SAID PROPERTY OR ELSEWHERE; THE EXCLUSIVE RIGHT TO DRILL AND OPERATE WHATEVER WELLS, CONSTRUCT, INSTALL, OPERATE, MAINTAIN AND REMOVE WHATEVER FACILITIES AND DO WHATEVER ELSE MAY BE REASONABLY NECESSARY ON AND IN SAID PROPERTY FOR THE FULL ENJOYMENT AND EXERCISE OF THE RIGHTS SO EXCEPTED AND RESERVED; AND THE UNRESTRICTED RIGHT OF INGRESS TO AND EGRESS FROM SAID PROPERTY FOR ALL SUCH PURPOSES; BUT GRANTOR AND ITS SUCCESSORS AND ASSIGNS, SHALL COMPENSATE GRANTEE AND ITS SUCCESSORS AND ASSIGNS, UPON DEMAND FOR ANY AND ALL DAMAGES CAUSED TO IMPROVEMENTS AND GROWING CROPS UPON SAID PROPERTY BY THE ENJOYMENT OR EXERCISE OF THE RIGHTS SO EXCEPTED AND RESERVED AS EXCEPTED IN THE DEED FROM KERN COUNTY LAND COMPANY, A DELAWARE CORPORATION, RECORDED MARCH 13, 1969 IN BOOK 4256, PAGE 762 AND RE- RECORDED MARCH 28, 1969 IN BOOK 4261, PAGE 402, BOTH OF OFFICIAL RECORDS. BY INSTRUMENT RECORDED SEPTEMBER 8, 1983 IN BOOK 5587, PAGE 61 OF OFFICIAL RECORDS, TENNECO WEST, INC. WAIVED THE RIGHT OF SURFACE INGRESS AND EGRESS AND TO A DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND; With THE EXCEPTION OF 16 DRILL SITES THEREIN DESCRIBED, AND AS SHOWN ON SAID PARCEL MAP; AND 8 STORM DRAIN SUMP SITES, AS THEREIN DESCRIBED. BY INSTRUMENT ENTITLED, "MEMORANDUM OF WAIVER OF SURFACE RIGHTS OF ACCESS AGREEMENT," TENNECO WEST, INC. A DELAWARE CORPORATION, WAIVED ITS SURFACE RIGHTS OF ACCESS TO SAID LAND UPON THE TERMS AND CONDITIONS CONTAINED IN AN UNRECORDED AGREEMENT DATE0 FEBRUARY 10, 1986, AND FEBRUARY 11, 1986, SAID MEMORANDUM RECORDED OCTOBER 8, 1987 IN BOOK 6055, PAGE 1386 OF OFFICIAL RECORDS. 52.1 ± acres S: tZoneCha nge ~z5191ccllegal-zc519. wpd September 15, 2000