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HomeMy WebLinkAboutORD NO 3842ORDINANCE NO. 3 8 4 2 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 102-34 BY CHANGING THE ZONING OF 6.15 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF STOCKDALE HIGHWAY 1,000 FEET WEST OF CALIFORNIA AVENUE. 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 southeast of Stine Road and Hosking Avenue; and WHEREAS, by Resolution No. 36-98 on March 19, 1998, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from R-1 (One Family Dwelling - 6,000 square feet lot size) and PCD (Planned Commercial Development) to C-2 (Regional Commercial) and PCD (Planned Commercial Development) zoning as delineated on attached Zoning Map No. 102-34 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 (One Family Dwelling - 6,000 square feet lot size) and PCD (Planned Commercial Development) to C-2 (Regional Commercial) and PCD (Planned Commercial Development) 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 with mitigations was advertised and posted on February 6, 1998, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows General Commercial development. Subject to approval of General Plan Amendment No. P97-0888; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. been followed. The provisions of the California Environmental Quality Act (CEQA) have environment. The proposed project will not have a significant effect on the to mitigate impacts. Conditions of approval as shown on Exhibit "A" are included in the project C*R',GiNAi 5. Conditions of approval for the Planned Commercial Development project in accordance with the Site Plan Approval process and pursuant to the mitigated Negative Declaration, will assure compatibility of the project with surrounding land uses, and reduce its impact on the physical environment to less than significant. 6. The proposed zoning classifications are compatible with existing and projected zoning and land uses in the surrounding vicinity 7. The proposed zoning is consistent with the level of circulation access and public services available to the site. 8. The proposed planned commercial development zone and preliminary development plan is consistent with the General Plan and objectives of this ordinance. 9. The proposed development will constitute a commercial environment of sustained desirability and stability, and it will complement and harmonize with the character of the surrounding neighborhood and community. 10. 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. 11. The proposed C-2 (Regional Commercial) zoning on the easterly portion of the site will provide for the orderly development of the property in conjunction with existing adjacent commercial development. 12. 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. ,3RiGINAt 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. 102-34 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", subject to approval of GPA P97-0888. 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. ......... o0o ......... 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 MAY 0 $ 1~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SICJTH, McDERMO'Fr, ROWLBS, SULLIVAN. S^LVAGGIO NOES: COUNCILMEMbER ?L~,.~ J ABSTAIN: COUNCILMEMBER ~ ABSENT: COUNCILMEMBER ~ APPROVED MAYO $ 1998 MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY A'I-I'?~N EY / BY: CITY CLERK and Ex Officio C~erk of the Council of the City of Bakersfield 0888-occ MJM March 25, 1998 ©RIGiNAt EXHIBIT "A" Concurrent General Plan AmendmentJ Zone Change P97-0888 Recommended Mitigation Measures A qualified archaeologist shall be present priorto beginning any ground disturbing activities, and shall remain dudng the entire excavation process dudng development stages for monitoring purposes. Should any cultural resources be unearthed during site preparation activities within the project, all work in the area of the find shall be halted. A qualified archaeologist shall be retained at the applicant's expense to evaluate the findings and recommend any necessary mitigation measures. These measures shall be reviewed by the Southern San Joaquin Valley Archaeological Information Center at California State University, Bakersfield (AIC). Pdor to issuance of grading or building permits, written proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the AIC and to the City of Bakersfield Development Services Department. Public Works Department: The traffic study submitted analyzes the project share of local mitigation only. In addition to local mitigation described in subsequent conditions this project shall still be required to pay the Phase II Regional Traffic Impact fees (RTIF) per the fee schedule established by the City Council. Two accesses are proposed with the westerly one shown with a right turn deceleration lane and the easterly access shown with a restricted left turn lane (left in only) but without a right turn deceleration lane. We have established warrants to determine when dght turn deceleration lanes are needed. 25 peak hour right turns or more is the cdteda for this street (45 MPH or greater design speed, 6 lanes required by 2010). Based upon warrants and the proximity of the proposed easterly access to an existing access east of the site into the Stockdale Village we recommend it be eliminated and one central access be required. The access shall be constructed with 20' radius returns, a right turn deceleration lane, and a median break allowing left in but no left out. The median shall be re-constructed to current standards and shall continue providing for the westbound to eastbound U-turn west of the site. Let it be noted, we have received a FAX from the project Engineer showing a proposal to eliminate the aforementioned access into Stockdale Village and move it easterly to approximately align with the access into the Post Office. One or more warrants have been met as per review of the Traffic Engineer; therefore, this access shall be signalized. As this signal meets warrants, serves the general public and enhances the overall traffic system operation and will provide better access to the U.S. Post Office facility, the signal is not considered to be a "vanity" signal and a maintenance district will not be required. A signal synchronization study shall be submitted to include all signals on Stockdale Highway from Real Road to the Town and Country signal west of Gosford Road. Exhibit "A" P97-0888 Page 2 4. Project share of mitigation - Road segments. Intersections as well as roadway segments were analyzed for required mitigation. Two roadway segments along Stockdale Highway are shown to require additional laneage by the year 2008 both with and without project traffic. This widening is provided for as part of the RTIF program and therefore no additional local fees are required. 5. Project share of mitigation - Intersections. The following intersections were identified as requiring mitigation beyond that provided for by the RTIF program due to expected growth. In no case does the addition of project further degrade the Level of Service once the mitigation is in place. We recommend the applicant pay the proportionate share of the cost of these improvements. The costs shall be based upon approved estimates prepared by the project engineer. Stockdale Highway at California Avenue/New Stine Road 2.07% (Add dedicated eastbound and northbound right turn lanes, modify signal to provide southbound right turn overlap) Stockdale Highway at Gosford Road 0.41% (Widen intersection to full expansion per City standards) Stockdale Highway at Real Road 0.51% (Add dedicated northbound and southbound right turn lanes) Pdor to issuance of a building permit, the following fees shall be paid: a) the above-mentioned project share of mitigation. b) sewer connection fees paid at the rate in effect at the time of issuance of the permit. 7, Engineered improvement plans for all street improvements, including traffic signal installation, shall be provided for the City Engineer's review and approval. The developer shall either provide median island landscaping or pay the proportionate share of the costs for median island landscaping. The site shall be included within the consolidated maintenance district, and the developer shall pay all required costs and provide all required information, 10. A street permit shall be obtained from the City Engineer prior to any construction within public rights of way. A deposit in the amount of the estimated costs of the improvements shall be posted prior to issuance of the street permit. 11. All street improvements shall be completed by the developer prior to occupancy of any structure. 0R,G~NA~ Exhibit "A" P97-0888 Page 3 Site Plan Review Conditions Buildinq Department: 12. 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. 13. The applicant 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 if it is commercial, or 5' of property lines if it is residential. 14. Include with the final site plan documentation or changes to the plan showing that the project complies with all disability requirements of Title 24 of the State Building Code. 15. The applicant shall obtain all required approvals from the Kern County Environmental Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 8051862-8700) for any food handling facility, (ie. market, delicatessen, cafe, concession, restaurant) before building permits can be issued. 16. Structures exceeding 10,000 square feet in area shall be constructed to include an automatic fire sprinkler system. 17. 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. 18. The Building Division will assess school district fees at the time they issue a building permit. Planninq Department: 19. The minimum parking required for this project has been computed based on use and shall be as follows: USE: Retail Commercial SQUARE PARKING FOOTAGE: RATIO: 49,260 sq.ft. I space/300 sq.ff. REQUIRED PARKING: 164spaces NOTE: 289 parking spaces proposed on site plan. 20. The applicant shall submit one (1) copy of a landscape and specification for irrigation to the Planning Division, and include a copy of these plans with each set of the final plans submitted for building permits. Landscaping shall meet the standards of the Bakersf"l~i~ Municipal Code (Section 17.53.061 - attached). Building permits will not be issued ~,~til L,RIGIN, Exhibit "A" P97-0888 Page 4 the Planning Department has approved the landscape plan for consistency with minimum ordinance standards. 21. Approved landscaping and parking shall be installed and inspected before final occupancy of any building or site. Inspections are made on Fddays. Please call Dave Reizer (805/326-3673) or Louise Palmer (805/326-3680) to schedule an appointment before the Friday you want your inspection. 22. A solid masonry wall is required to be constructed adjacent to residentially zoned property by the Bakersfield Municipal Code (Section 17.24.050D.) as indicated by staff on the returned site plan. This wall must be shown on the final plans and constructed a minimum height of 7 feet as measured from the highest adjacent finished grade. 23. 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. 24. Our records show your project is contained on more than one parcel. Please provide evidence that the parcels have been merged into a single lot. Evidence of a legal lot merger shall be one of the following: Provide a copy of a grant deed recorded before March 4, 1972 where the legal description identifies all associated parcels as one lot. (Note: Assessor's parcel information is not acceptable since the Assessor does verify legality of lots.) Provide a copy of a recorded parcel map, subdivision map, or certificate of compliance showing the property as one lot. 25. The applicant shall file with the Planning Division a copy of a recorded map or other instrument that ensures that drive aisles, parking, and access is shared in common with adjoining properties. 26. 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. Fire Department: 27. Show on the final site plan all fire lanes as indicated by staff on the returned site plan. 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. OR~GiN,'~L Exhibit "A" P97-0888 Page 5 28. Show on the final site plan all on-site fire hydrant locations and required fire flows. Based upon available information, the fire flow requirement may be 3,500 gallons per minute. 29. To provide adequate fire protection during construction, the applicant shall install four fire hydrant(s) as shown by staff on the returned site plan, or provide an alternative fire suppression program as approved by the Fire Department before final site plan approval. The applicant is required to purchase all fire hydrants from the Fire Department. 30. The applicant shall give the Fire Department one set of the engineered water plans before the issuance of any building permit. 31. The applicant shall contact the Fire Safety Control Division, (1715 Chester Avenue, Suite 300, Bakersfield, CA; Ph. 805/326-3951) for fire and safety requirements. Please provide one (1) site plan and one (1) floor plan to the Fire Marshal before beginning construction. Staff will also issue guidelines for automatic sprinkler system fire department connections (FDC) if sprinkler systems are required. 32. 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. 805/326-3951) must complete all on-site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. 33. All streets and access roads to and around any building under construction must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent water pondinc. Barricades must be placed where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. 34. Yellow stripes shall identify areas next to all Fire Department connections according to the Bakersfield Municipal Code (Section 15.64.140 d.). Traffic Engineering: 35. Length dimension for parking stall is insufficient for alignment shown. Change to 23.2' minimum. Changing parking alignment to interlocking module as shown on City of Bakersfield Standard T-10 is suggested. 36. Parking spaces parallel to west property line shall be 9' x 22' minimum. Solid Waste: 37. Show on the final plan one, 8' x 20' refuse bin location(s). Before occupancy of the building or site is allowed, four, three cubic yard front loading type refuse bin(s) shall be constructed on the site according to the adopted city standards (Detail #S-43). ,~R:GINAL Exhibit"A" P97-0888 Page 6 38. Show on the final plan one compactor roll-off bin location(s). 39. Before building permits can be issued or work begins on the property, you must contact the staff person above to establish the level and type of service necessary for the collection of refuse and/or recycled materials. 40. 41. 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. Facilities that require grease containment must provide a storage location that is separate from the refuse bin location. 42. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. 43. The Solid Waste Division will determine appropriate service levels for refuse collection required for a project. The levels of service are based on how often collection occurs as follows: Can or cart service - Front loader bin service -- Roll-off compactor service -- I cubic yard/week or less I cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day MJM March 26, 1998 0888-ea FP-P C'O C-2 -OD ITl CiTY OF BAKERSFIELD ZONING MAP SEC, 3~, T 29, LEGEND 102 -54 R NAi. ELEVATION ~C~. ~UMN lAYOUT EXHIBIT "C" Zone Change No. P97-0888 Legal Description FROM A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE: All that portion of the southwest 1/4 of the southeast quarter of Section 34, T.29S, R.27E. MD.B&M., City of Bakersfield, County of Kern, State of California, being described as follows: Beginning at the south quarter comer of said Section 34 as shown on Parcel Map No. 6838 as filed in Parcel Map Book 31 at Page 56 in the Office of the Kern County Recorder, THENCE N 00o07'55' W along the west boundary of said parcel map a distance of 546.02 feet to the northwest comer of said parcel map; THENCE N 89 °56'22' E along the north boundary of said parcel map a distance of 349.45 feet to the northeast comer of said parcel map; THENCE S 00=20'59" E along the east boundary of said parcel map a distance of 546.00 feet to the southeast comer of said parcel map and the south line of said southeast quarter of Section 34; THENCE S 89°56'08' W along the south boundary of said parcel map and said south line of Sec~on 34 a distance of 351.53 feet to the point of beginning EXCEPTING the public road right-of-way for Stockdale Highway. Containing 4.39 acres· FROM AN R-1 lONE FAMILY DWELLING) ZONE TO A P.C.D. ¢PLANNED COMMERCIAL DEVELOPMENT) ZONE: All that portion of the southwest quarter of the southeast quarter of Section 34, T.29S, R.27E M.D.B.&M., City of Bakersfield, County of Kern, State of California, being described as follows: Beginning at the northwest comer of Parcel Map No. 6838 as filed in Parcel Map Book 31 at Page 56 in the Office of the Kem County Recorder, also being a point on the easterly boundary of Tract No. 2763 as filed in Map Book 13 at Pages 87 and 88 in the Office of the Kern County Recorder, THENCE N 00°07'55' W along said eastedy boundary a distance of 110.00 feet; THENCE departing said eastedy boundary N 89°56'22 E, 349.04 feet; THENCE S 00°22'59" E, 110.00 feet to the northeast comer of said Parcel Map No. 6838; THENCE S 89°56'22" W along the northerly boundary of said parcel map a distance of 349.45 feet to the True Point of Beginning. Containing 0.88 acres. Exhibit 'C' P97-0888 Page 2 FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A C-2 (REGIONAL COMMERCIAL) ZONE: All that portion of the southwest quarter of the southeast quarter of Section 34, T.29S, R.27E, M.D.B.&M, City of Bakersfield, County of Kern, State of California. being described as follows: Beginning at the northeast comer of Parcel Map No. 6838 as filed in Parcel Map Book 31 at Page 56 in the Office of the Kern County Recorder, THENCE N 00020'59" W along the northerly prolongation of the east boundary of said parcel map a distance of 110.00 feet; THENCE N 89°56'22" E, 348.85 feet to the boundary of Parcel I of Parcel Map No. 541 as filed in Parcel Map Book 3 at Page 171 in the Office of the Kern County Recorder;, THENCE along the boundary of said Parcel 1 the following two (2) courses: 1) S 00°00'35' E, 110.00 feet; THENCE 2) S 89°56'22" W, 348.20 feet to the Point of Beginning. Containing 0.88 acres. MJM:pjt 0888-1d AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 11th day of May ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3842 , passed by the Bakersfield City Council at a meeting held on the 6th day of May. 1998 , and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP 102- 34 BY CHANGING THE ZONING OF 6.15 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF STOCKDALE HIGHWAY 1,000 FEET WEST OF CALIFORNIA AVENUE. Is/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk S:\DOCU M ENT~AOPOSTING May 11, 1998