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
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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
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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.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the
Council of the City of Bakersfield at a regular meeting thereof held on 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
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Exhibit A
Zoning Map 103-29
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CITY OF BAKERSFIELD
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Exhibit B
Zone Change Legal Description
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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.
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Exhibit C
Mitigation/Conditions of Approval
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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.
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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.
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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.)
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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
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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
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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.
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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.
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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
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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~~
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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
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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
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