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HomeMy WebLinkAboutORD NO 4348ORDINANCE NO. 4 "4 4 8 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 103-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL ZONE) TO P.C.D. (PLANNED COMMERCIAL DEVELOPMENT ZONE) ON 6.61 ACRES, COMPRISED OF THE BLOCK BOUNDED BY BAKER STREET, LAKE STREET, KING STREET, AND KENTUCKY STREET AND A PORTION OF THE BLOCK BOUNDED BY BAKER STREET, LAKE STREET, KERN STREET, AND KENTUCKY STREET (ZC NO. 05-1930). WHEREAS, in accordance with the procedures 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 comprised of the block bounded by Baker Street, Lake Street, King Street, and Kentucky Street and a portion of the block bounded by Baker Street, Lake Street, Kern Street, and Kentucky Street; and WHEREAS, by Resolution No. 89-06 on April 6, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1930 as delineated on attached Zoning Map 103-29 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; 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 C-2 (Regional Commercial Zone) to P.C.D. (Planned Commercial Development Zone) on 6.61 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on March 6, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for mixed use commercial development; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 89-06, adopted on April 6, 2006: All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the intial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. 4. The proposed project is consistent with the surrounding land uses. 5. The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. o~gA~~9s r ~ R1 '")F?IGiIVAI 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A." The conditions of approval, attached hereto as Exhibit "C," are needed to provide for orderly development and the public health, welfare and safety. 8. In accordance with Bakersfield Municipal Code Section 17.54.070, the Planning Commission found as follows: A. The proposed planned commercial development zone and preliminary development plan is consistent with the general plan and objectives of this ordinance; B. The proposed development will constitute a commercial environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community; and C. 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. 9. 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 purposes 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. 10. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby 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 are shown on Zoning Map 103-29 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B," exclusively for the o`` aAKF9~ 2 v m r- RGINAI development generally depicted in attached Exhibit "D," Preliminary Development Plan, and Exhibit "E," Building Elevations. 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "C," subject to approval of GPA No. 05-1930. 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--------- gAK4 9 c, s m - r lONNNAI 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 J1IN 2 1 2006 by the following vote: YE COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER N COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cler of the Council of the City of Bakersfield APPROVED JUN 2 1 2006 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: Exhibit A - Zoning Map 103-29 B - Zone Change Legal Description C - Mitigation/Conditions of Approval D - Preliminary Development Plan E - Building Elevations PH - S:\GPA 1st 2006\05-1930\Reso1utions\CC ZC Ordinanoe.doc 4 8 gAKF9~ JRIGINAIP Exhibit A Zoning Map 103-29 cl~gAKF9~ s L ~ ')HIWNAl •E f 2111h1 tETr[E px llrel[T 1*2 M-1 / L IrIE rTR[ll ' Ira; x-L n I r No Z n s W N b Nua V3-M C`lEl TRANn" ACI.w P'Il I ,IT •LT I i I ~ I I I 1 s 'I I b a~ I j L 1 i II, i i CITY OF BAKERSFIELD ZONING MAP 103-29 SEC 29 T. 293 R.2BE LEGEND nn LN.i ewn.n xoNE mslnln eouwaRv 1. scNOOLs R-9 EE[RCUTIL. AIM1Ae1R LOAN I, MSAEWIAL %Al A§Lm ICK KR( MINIWjW LO( ICE, xd[ R-E Z IA gfQNT.L "UIMN ITMO.C ONt-N ; KRE MNIMY (OT 1211 w" N R f'O RESK:"AL VABI IIIIr[ KR NMNM L VIM N't'MI WVW.llRt [l/~ M. 'CAL W.MIMYM Wl ME] O R'I ON( I..' mIhUK ENE N'r L ITCD W0.IRE (11HLV OMEIUp COAL EI-I/2200. N, U W r..) Z ; ; tWITED NMLT ALL .MRT OWf LLM10 LONE II rN/ISOpN MM.., wJLTIILE F.MILT MELLIK x(Xq: LIwII I WCO.10.I W...1 .u.0. K4RRt0 OmE OEVELOINENT ONE RR nEfm[NTIIE NRMMC LO.IE C-0 CO.YERCItI SRO PRIAM. VIIC[ ZONE C'I LIMIT [D CON.ERM. SA[ C'2 COW[KI.L 1". C'C VIC CENTER ZONE R RED ILM.[O COM.EnCNL MICLCRN[N1 ZW Ig M I Llgll M4IYF•c NRIIMI MME 1 M'[ E4tlmL YeMLVKNMK I., OS O(fM frtCE R[ R[OEE.TM ZOR[ • .SRICKTVRE 20R( .'L[i NAICNLTNR4 (Tw(NTV ACRE YIRIWM Lbi Ni[I iDM[ • "wc. ILE •1.rK S:)MS C. cxuEEN LORE .nsr NDSnrEL Lon D •KxlICCmR•: OIS'LN ZO O •O .11"ccrwL D[94N :ONE E u K .r taw Fr-[ 11COO.n FRIA1 MIMaRE xCNL J1 OIL WE FWO'CL.N1 (ECm10•M' iONt A ' w TRAVEL TRAILER mNf [PI[ TE TRRVEL (L LO WE A. NQEILL NON( Cp11 t/ to W O I.S ~~q~ qY .JV. • w~EEI~ ~ rll~[.Iam~.11YAgb 1 .p .1E~I q~Mp~y~y R S.S M.~I~I fWM1;rt N111➢~~]I`/R//~J~/(~~N~'~~~II.II~WII`iYl err n. ~xo .m+n.Inx ~iIL~V 1 5iD1EC//I//DN~E F'Y;M tWM W. Ya Ygnm.E1 W E wi..Y e°M"Sxaoc~Imn~";1SI4i. b'dll::re'w bL.x MU. li~L(I.~L L'cua/ al. a ...T . x.• o.°`auI iIIiX2mm: ei.w< cn.a Wrtnrm-e n e pD Neo I I ~ 11 1'll 1~! I I 5W Nwe /Ol-U pEEr(.IrMS.na - WIORp,Lg6DS•EI CIS eeOM kItlIO. b]) o..t Vl/el ICC ]e Hl Exhibit B Zone Change Legal Description gAKF9 ok `rT y m `ORIGINAI ZONE CHANGE NO. 05-1930 From C-2 to P.C.D.: Being a portion of the NE'/. of Section 29 T. 295 R 28 E. M.D.B & M in the City of Bakersfield, State of California described as follows: Beginning at the intersection of Baker Street and Lake Street in the city of Bakersfield, formerly known as the Town of Kern, as per map recorded in Book 1, pages 15 and 16 of maps, in the office of the Kern County Recorder, thence along the centerline of Lake Street S 73° 43' 37" E 480.16' to the intersection of Lake Street and King Street, thence S 16° 16' 00" W 399.94' along the centerline of King Street to the intersection of King Street and Kentucky Street, thence N 731451 00" W 480.14' to the intersection of Kentucky Street and Baker Street, thence continuing along the centerline of Kentucky Street N 73° 43' 25" W 165.02' to a point of intersection with the prolongation of the West line of Lot 28 of Block 56 of said Town site and the centerline of Kentucky Street, thence N 16° 15' 55' E along said prolongation 200.06 to the centerline of the alley in said Block 56, thence N 73° 43' 44" W 150.03 along said centerline to a point of intersection with the prolongation of the West line of Lot 11 and said centerline, thence along said West line and it's prolongation N 16° 15134" E 200.03' to a point of intersection with the center line of Lake Street, thence S 73° 44' 03" E 315.07' along said centerline to the point of beginning. Contains 6.61 Acres. Ictil BONNIE YALXER O * 4761 NJ► Exp.09IM7 \ ~F CAOFo L:\Projects\2005105075100MLegal Description - Zone Change.doc I We---~ I~K Z16V/04~ tl~'Y f Z Y`° Exhibit C Mitigation/Conditions of Approval aF~AkF9 r c: C ORIGINAI. EXHIBIT C Mitigation/Conditions of Approval Zone Change No. 05-1930 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Cultural Resources: If cultural resources are encountered during construction, a qualified archaeologist shall be retained by the developer to evaluate the significance of the resources and to formulate a mitigation program if necessary. The archaeologist shall coordinate with the City of Bakersfield Planning Department. Mitigation for potentially significant cultural resource impacts. 2. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation for potentially significant cultural resource impacts. ADDITIONAL CONDITIONS OF APPROVAL: Development Services - Buildina Division: 3. An approved grading plan is required prior to final plan approval. 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 grading plans must be consistent with the final building site plans and landscaping plans. Building permits will not be issued until the grading plan is approved by both the Building Division and Public Works Department. For public health, safety and welfare. 4. Show on the final site plan how and where water will be drained from the property. For public health, safety and welfare. 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 feet of property lines if it is commercial, or 5 feet of property lines if it is residential. For public health, safety and welfare. gr+k~r c`` n, r. r. !HIGINAL Exhibit C ZC No. 05-1930 Conditions of Approval 6. 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. For public health, safety and welfare. 7. An acoustical consultant, approved by the Building Division, shall be contacted to prepare and include with the final building plans, measures that mitigate noise exposures for all buildings on the project site that are subject to noise levels of 65 dB or greater as delineated by the CNEL contour maps of the City. These implementation measures shall comply with the requirements of Title 24 of the State Building Code. For public health, safety and welfare. 8. The developer shall obtain all required approvals from the Kern County Environmental Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 6611862-8700) for any food handling facility, (i.e., market, delicatessen, cafe, concession, restaurant) before building permits can be issued. For public health, safety and welfare. 9. Structures exceeding 10,000 square feet in area shall require installation of an automatic fire sprinkler system. For public health, safety and welfare. 10. Before the Building Division can allow occupancy of this apartment complex, they must inspect and approve the placement and colors of the address numbers identifying each unit and/or building, and on-site building/unit location maps so that emergency personnel can easily find a specific unit when responding to the site during an emergency. For public health, safety and welfare. 11. 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 of the Bakersfield Municipal Code). For public health, safety and welfare. 12. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. For orderly development. 13. 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. For public health, safety and welfare. Page 2 of 10 p AKc ~ m ";RIGiPJF~! Exhibit C ZC No. 05-1930 Conditions of Approval Development Services - Plannina Division: 14. Minimum parking stall dimensions shall be 9 feet wide x 18 feet long. Vehicles may hang over landscape areas no more than 2'Y2 feet provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles. For orderly development. 15. 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 17.58.050 N.). For public health, safety and welfare. 16. Lighting is required for all parking lots, except residential lots with 4 units or less (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. No light poles, standards and fixtures, including bases or pedestals, shall exceed a height of 40 feet above grade. However, standards placed less than 50 feet from residentially zoned or designated property, or from existing residential development, shall not exceed a height of 15 feet. 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. For public health, safety and welfare. 17. 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). For public health, safety and welfare. (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.) Page 3 of 10 ik AK~c9s M r- Q iR WNAI_ Exhibit C ZC No. 05-1930 Conditions of Approval 18. A Park Development and Improvement 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 the permit is issued. The current fee is $1,430 for each independent residential unit. For orderly development. 19. 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. For public health, safety and welfare. 20. 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.). For public health, safety and welfare. 21. 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 carryout/track out; and cease grading and earth moving during periods of high winds (20 mph or more). For public health, safety and welfare. 22. 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. For public health, safety and welfare. Fire Department: 23. Show on the final building plans the following items: a. All fire lanes as identified on the returned plans. Any modifications shall be approved by the Fire Department. Fire lane identification signs shall be installed every 100 feet with red curbing when curbing is required. All work shall be completed before occupancy of any building or portion of any building is allowed Page 4 of 10 ~hAKF9 sr F .-.)RIGWhi\ Exhibit C ZC No. 05-1930 Conditions of Approval b. 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 the Prevention Services Division. (Note: All new fire hydrants must be purchased from the Fire Department.) C. All fire sprinkler and/or stand pipe systems, fire alarms and commercial hood systems. These suppression systems require review and permits by the Fire Department. The Fire Department will issue guidelines for these various items as they may apply to this project. 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. For public health, safety and welfare. 24. The developer must request an inspection of any underground sprinkler feeds at least 24 hours before they are buried. The Prevention Services Division (900 Truxtun Avenue, Suite 210, Bakersfield, CA; Ph. 661/326-3979) must complete all on-site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. For public health, safety and welfare. 25. The developer shall show on the final building plans a minimum 20-foot wide all-weather emergency access with an overhead clearance of 13 feet-6 inches within 150 feet 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. For public health, safety and welfare. 26. 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. For public health, safety and welfare. Public Works - Enaineerina: 27. The developer shall construct curbs, gutters, cross gutters, 5'6" wide sidewalks, and street/alley paving along Baker Street, Kentucky Street, King Street and Lake Street according to adopted city standards. These improvements shall be shown on the final Page 5 of 10 AKF9 01 T m r p !RIGfNAI Exhibit C ZC No. 05-1930 Conditions of Approval building plans submitted to the Building Division before any building permits will be issued. For orderly development. 28. The developer shall install 11 street lights along Baker Street, Kentucky Street, King Street and Lake Street as shown by staff on the returned site plan. The developer 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 building plans submitted to the Building Division before any building permits will be issued. For orderly development. 29. The developer shall construct standard handicap ramps at all drive approaches and street corners according to adopted city standards. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. For orderly development. 30. 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. For orderly development. 31. Show on the final building plans all existing connection(s) to the public sewer system. For orderly development. 32. All on-site areas required to be paved (i.e., 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 (i.e., 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. For public health, safety and welfare. 33. 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. For public health, safety and welfare. 34. 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. For public health, safety and welfare. Page 6 of 10 ~p,aKF9 o s, ~ m QHINNAI Exhibit C ZC No. 05-1930 Conditions of Approval 35. Before any building or site can be occupied, the developer must reconstruct or repair substandard off-site street improvements that front the site 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. For orderly development. 36. 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. For public health, safety and welfare. 37. A sewer connection fee shall be paid at the time a building permit is issued. This fee will based on the rate in effect at the time a building permit is issued. For orderly development. 38. 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. For public health, safety and welfare. 39. 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 on 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. For orderly development. 40. The legal description (i.e., lot and tract number and/or assessor's parcel number) shall be shown on the final building plans. For orderly development. 41. All storm water generated on the project site, including the street frontage, shall be retained onsite unless otherwise allowed by the Public Works Department (please contact the Public Works Department -Subdivisions at 326-3576). For public health, safety and welfare. Page 7 of 10 bAxE 0 9~, Y m r r )RIGINAL Exhibit C ZC No. 05-1930 Conditions of Approval 42. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 1 sump may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPA/ZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. b. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. c. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. For orderly development. 43. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 44. Prior to the issuance of any building permit, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. For orderly development. Public Works - Traffic: 45. Street return type approach(es), if used, shall have 20-foot minimum radius returns with a 25-foot throat width. All dimensions shall be shown on the final building plans. For orderly development. 46. 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 dimensions shall be shown on the final building plans. For public health, safety and welfare. Page 8 of 10 gAKE vm h " c OR UNAt Exhibit C ZC No. 05-1930 Conditions of Approval 47. Parallel parking spaces along Baker Street shall be at least 9 feet x 22 feet to meet minimum city standards. For public health, safety and welfare. 48. Radius returns on all public street corners shall be a minimum of 30 feet. For public health, safety and welfare. Public Works - Solid Waste: 49. You must contact John Wilburn or James Scrivano at 661/326-3114 before building permits can be issued or work beains on the orooertv to establish the level and tvoe of service necessary for the collection of refuse and/or recvcled materials. Collection locations must provide enough containment area for the refuse that is generated without violating required zoning or setback restrictions. Levels of service are based on how often collection occurs as follows: Cart service 1 cubic yard/week or less than 1 time per week Front loader bin services 1 cubic yard/week - 12 cubic yards/day Roll-off compactor service More than 12 cubic yards/day For public health, safety and welfare. 50. Show on the final building plans refuse bin enclosures. Each enclosure shall be designed according to adopted city standard (Detail #S-43), at the size checked belowEl. Before occupancy of the building or site is allowed, 8 (eight), 3 cubic yard front loading type refuse bin(s) shall be placed within the required enclosure(s). To be determined by staff when buildina hermits are issued (tvaical enclosure sizes): ❑ 6' deep x 8' wide (1 bin) ❑ 8' deep x 15' wide (3 bins) ❑ 8' deep x 10' wide (2 bins) ❑ 8' deep x 20' wide (4 bins) NOTE: All enclosure measurements above are inside dimensions. If both refuse and recycling containers are to be combined in the same enclosure area, this area must be expanded in size to accommodate multiple containers/bins (contact the staff persons identified above for the appropriate enclosure size). For public health, safety and welfare. Page 9 of 10 J ~PKF~~ r ' J oRiGINA Exhibit C ZC No. 05-1930 Conditions of Approval 51. 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. For public health, safety and welfare. 52. 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. For public health, safety and welfare. 53. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. For public health, safety and welfare. Citv Attornev: 54. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. Page 10 of 10 ORIGINAL Exhibit D Preliminary Development Plan o`` 0AKF9~ r ~ORIGINAL LAKE STREET • BUILDING C eramcrovEi BUILDING C BUILDIN B p K T ~ rn. ~G1T V OF ~ s i `n ` 0731Ac- i9pt,.T. PROWIT W r-I y ~.y~yy~rr~ 6 / ABd 1/ - w M....:.:, m~ ~~rc ~j Y' SITE PLAN , BAKER STREET VILLAGE yy I • . ~BAKERSFIELD REDEVELOPMENT AGENCY { , r wyw~ oOMfE¢R$1PEET. I E TgIUAPH CpAPrW IE3. INC. a vie Quad Knopf sue '--`s~tm ~rru yy--- : mod,, WM W Exhibit E Building Elevations s o~ gPK~9 n > m riRIGINAL A- 4 r` 7.0 i 74 - 0m F7T T 7- 777 El , BUILDING A BAKER STREET BAKER STREET, LLC. V1 LLAG E TRIUMPH COMPANIES, INC- 0 k-.I\1 V 0.0 x ~ _ v D - -a i ti is j a BUILDING l BUILDING 8 m BUILDING C BAKER STREET BAKER STREET, LLC. VILLAGE TRIUMPH COMPANIES, INC. - .%'f YOc z' 6 D !31 ~S\b nV ' - ,~I , r JF Y Z ~ a i i L wnrµepv ...y-~ «w , BUILDING B i (1 T- BAKER BAKER STREET DEWLL ER. a BAKER STREET, ILC. VILLAGE TRIUMPH COMPANIES, INC. a.rt ~f~~ tRI (i ~w J a wf FO ~ws w~a F. W W~ Wa N> l o`` dAk499 m 0(PIGINAL I I ry , A G ed r , BUILDING F CORONET BUILDING BUILDING C BAKER STREET B-ESTREET, LLC. VILLAGE TRIUMPH COMPANIES, INC. ('kl Y I?, ~r~ I ~Sa H, t~ tiuriaeer a ~f aV 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 22nd day of June , 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4348 passed by the Bakersfield City Council at a meeting held on the 21st day of June. 2006 and entitled: ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 103-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL ZONE) TO P.C.D. (PLANNED COMMERCIAL DEVELOPMENT ZONE) ON 6.61 ACRES, COMPRISED OF THE BLOCK BOUNDED BY BAKER STREET, LAKE STREET KING STREET, AND KENTUCKY STREET AND A PORTION OF THE BLOCK BOUNDED BY BAKER STREET, LAKE STREET, KERN STREET AND KENTUCKY STREET (ZC NO. 05-1930) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: I . DEPUTY City(Clerk S:\DOCUMENTFORMS WOP.ORD.wpd m 'F ;I;Vpi