HomeMy WebLinkAboutORD NO 4385
ORDINANCE NO.
4380
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-23) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM A PCD (PLANNED
COMMERCIAL DEVELOPMENT) ZONE TO A REVISED PCD
(PLANNED COMMERCIAL DEVELOPMENT) ZONE ON 1.8
ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF
PACHECO ROAD, APPROXIMATELY 100 FEET WEST OF
WIBLE ROAD TO ALLOW DEVELOPMENT OF A 15,748
SQUARE FOOT COMMERCIAL RETAIL BUILDING
(FILE # 06-0368)
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 Generally located on the south side of Pacheco Road,
approximately 100 feet west of Wible Road, as shown on Exhibit "2"; and
WHEREAS, by Resolution No. 165-06 on August 17, 2006, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-0368 as delineated on attached Zoning Map
No. 123-23 marked Exhibit "4", by this Council and this Council has fully considered the
recommendations made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did make
several general and specific findings of fact which warranted a negative declaration of
environmental impact and changes in zoning of the subject property from a PCD (Planned
Commercial Development) zone to a Revised PCD (Planned Commercial Development) zone
on 1.8 acres for purposes of development of a 15,748 square foot commercial retail building,
and the Council has considered said findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on July 27,2006,
in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given
2. The provisions of the California Environmental Quality Act (CEQA) have been
followed.
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3. 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.
4. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to a Revised PCD
(Planned Commercial Development) zone.
5. The overall design of the project, as conditioned, is consistent with the goals and
policies of all elements of the general plan.
6. The conditions of approval, attached hereto as Exhibit "1" are needed to provide
for orderly development, and the public health, welfare and safety.
7. Pursuant to BMC Section 17.54.070 find that:
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.
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.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration is hereby approved and adopted.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be and the same is hereby amended by changing the land use zoning of that certain
property in said City, the boundaries of which property is shown on Zoning Map. No. 123-23
marked Exhibit "4" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "5 ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "1."
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SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date of its
passage.
---------()()()---------
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
the Council of the City of Bakersfield at a regular meeting thereof held on
OCT 11 2006 by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio CI
Council of the City of Bakersfield
OCT 11 2006
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: tddfn. ~
Exhibits:
1. Conditions.
2. Location Map.
3. PUD site plan, landscaping plan and elevations
4. Zone Map
5. Legal Description
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EXHIBIT "1"
CONDITIONS OF APPROVAL
PCD ZONE CHANGE NO. 06-0368
PUBLIC WORKS
1. Along with the submittal of any development plan, prior to approval of improvement plans, or
application for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Pacheco Road(s) to collector standards for the full
frontage of the area within the Zone Change (ZC) request. Dedications shall include sufficient
widths for expanded intersections and additional areas for landscaping as directed by the City
Engineer. Submit a current title report with the dedication documents. If a tentative
subdivision map over the entire ZC area is submitted, dedication can be provided with the map.
b. This ZC area is too small to support its own storm drainage sump. 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 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.
c. 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.
d. 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.
2. The entire area covered by this ZC 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 ZC area.
CITY ATTORNEY
3. 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
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Exhibit "1"
PCD ZC 06-0368
Page 2 of 10
PLANNING
Air Qualitv Mitioation:
4. PM10 Mitigation Measures: The criteria pollutant most affected by the required mitigation
measures will be PM1Q. As the project will be completed in compliance with SJVAPCD Regulation VIII,
dust control measures will be taken to ensure compliance specifically during grading and construction
phases. The mitigation measures to be taken are as follows:
1) Water previously disturbed exposed surfaces (soil) a minimum of three-times/day or whenever
visible dust is capable of drifting from the site or approaches 20% opacity.
2) Water all haul roads (unpaved - if any) a minimum of three-times/day or whenever visible dust from
such roads is capable of drifting from the site or approaches 20% opacity.
3) Reduce speed on unpaved roads to less than 15 miles per hour.
4) Install and maintain a trackout control device that meets the specifications of SJV APCD Rule 8041
if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicles with
three or more axles.
5) Stabilize all disturbed areas, including storage piles, which are not being actively utilized for
construction purposes using water, chemical stabilizers or by covering with a tarp, other suitable
cover or vegetative ground cover.
6) Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling,
grading, or cut and fill operations with application of water or by presoaking.
7) When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or
effectively wet to limit visible dust emissions.
8) Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of
each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by
sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden).
9) Stabilize the surface of storage piles following the addition or removal of materials using water or
chemical stabilizer/suppressants.
10) Remove visible track-out from the site at the end of each workday.
11) Cease grading activities during periods of high winds (greater than 20 mph over a one-hour
period).
12)Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of cutback, slow-
cure and emulsified asphalt paving materials.
13) Grading should be conducted in phases.
14) Project site shall not be cleared of existing vegetation cover until required by construction.
15) The project developer shall revegetate graded areas as soon as it is feasible after construction is
completed.
5. Measures to Reduce Construction Equipment Exhaust: The GAMAQI guidance document lists the
following measures as approved and recommended for construction activities. These measures will be
required to ensure that the proposed project emissions are not exceeded:
1. Maintain all construction equipment as recommended by manufacturer manuals.
2. Shut down equipment when not in use for extended periods of time.
3. Construction equipment shall operate no longer than eight (8) cumulative hours per day.
4. Use electric equipment for construction whenever possible in lieu of diesel or gasoline
powered equipment.
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Exhibit "1"
PCD ZC 06-0368
Page 3 of 10
5. Curtail use of high-emitting construction equipment during periods of high or excessive
ambient pollutant concentrations such as "Spare-the-Air" days as declared by the
SJV APCD.
6. All Construction vehicles shall be equipped with proper emission control equipment and
kept in good and proper running order to substantially reduce NOx emissions.
7. On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under
manufacturer's guidelines.
8. On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted
under manufacturer's guidelines.
9. On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR)
if permitted under manufacturer's guidelines.
10. Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economic
and available to reduce NOx emissions.
11. All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or
to remain on-site during lunch breaks.
12. All construction activities within the project area shall be discontinued during the first stage
smog alerts.
13. Construction and grading activities shall not be allowed during first stage ozone alerts. First
stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average).
6. Other Mitigation Measures: The following mitigation measures are recommended to further
reduce the potential for long term emissions from the completed project. These measures will be
required to ensure that the proposed project emissions are not exceeded:
1. The project design shall comply with standards set forth in Title 24 of the Uniform Building
Code to minimize total consumption of energy.
2. Applicants shall be required to comply with applicable mitigation measures in the Air Quality
Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect
Source Rules for the SJVAPCD.
3. The developer shall petition the Golden Empire Transit District (GET) to conduct a service
study to determine if the project site warrants being annexed into the GET operational
system.
4. If the GET service study indicates that the development qualifies for addition to the GET
system, specific bus turnouts and shelters shall be located at appropriate locations to serve
commercial and residential sites within the project area in consultation with the Golden
Empire Transit District. The bus turnouts and shelters shall be planned by developers in
the project area and local transportation coordinating entities to encourage the efficient and
practical use of public transit entities servicing the project area.
5. The developer shall comply with the provisions of SJVAPCD Rule 4601 - Architectural
Coatings, during the construction of all buildings and facilities. Application of architectural
coatings shall be completed in a manner that poses the least emissions impacts whenever
such application is deemed proficient.
6. The developer shall comply with the provisions of SJVAPCD Rule 4641 during the
construction and pavement of all roads and parking areas within the project area.
Specifically, the developer shall not allow the use of:
· Rapid cure cutback asphalt;
· Medium cure cutback asphalt;
· Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or
Emulsified asphalt (as specified in SJV APCD Rule 4641, Section 5.1.4).
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Exhibit "1"
PCD ZC 06-0368
Page 4 of 10
7. The developer shall comply with applicable provisions of SJVAPCD Rule 9510 (Indirect
Source Rule).
Mitigation measures from "Air Quality Impact Analysis (June 2006)" by Insight Environmental.
Biota Mitioation:
7. Prior to ground disturbance, the subdivider shall have a qualified consultant survey the location for
kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. A
copy of the survey shall be provided to the Planning Department.
Mitigation measure.
8. Site Plan Review Conditions:
PCD/ZC 06-0368
CONDITIONS AND ORDINANCE COMPLIANCE
The following are specific items that you need to resolve before you can obtain a building
permit or be allowed occupancy. These items include conditions and/or mitigation required
by previous site entitlement approvals (these will be specifically noted), changes or
additions that need to be shown on the final building plans, alert you to specific fees, and
other conditions for your project to satisfy the City's development standards. The item will
usuallv need to be shown on the final buildina Dlans or comDleted before a buildina Dermit is
issued. Each has been grouped by department so that you know whom to contact if you
have questions.
A. DEVELOPMENT SERVICES - BUILDING (staff c()ntact - Mark Fick 661/326-3437)
1. 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.
2. 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 California Building Code.
3. The developer shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for any
food handling facility, (ie. market, delicatessen, cafe, concession, restaurant) before
building permits can be issued.
4. Buildings or structures exceeding 10,000 square feet in area shall require installation of an
automatic fire sprinkler system.
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Exhibit "1"
PCD ZC 06-0368
Page 5 of 10
5. Business identification signs are n()t 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).
6. The Building Division will calculate and collect the appropriate school district impact fee at
the time they issue a building permit.
7. Final building plans shall show pedestrian access pathways or easements for persons with
disabilities from public rights-of-way that connect to all accessible buildings, facilities,
elements, and spaces in accordance with the California Building Code. These pedestrian
access ways shall not be parallel to vehicular lanes unless separated by curbs or railings.
B. DEVELOPMENT SERVICES - PLANNING (staff c()ntact - Ryan Pharr 661/326-3145)
1. The minimum parking required for this project has been computed based on use and shall
be as follows:
Use
Square
Footaae
Parking
Ratio
Required
Parkina
Shopping Center
15,748 sq. ft. 1 space/200 sq. ft.
(Credit 2 spaces for drive-through lane)
Total Required
79 spaces
-2 soaces
77 Spaces
(Note: 82 parking spaces are shown on the proposed site plan. By ordinance, compact and
tandem spaces cannot be counted toward meeting minimum parking requirements)
2. Minimum parking stall dimensions shall be 9-feet wide by 18-feet long. Vehicles may hang
over landscape areas no more than 2% feet provided required setbacks along street
frontages are maintained, and trees and shrubs are protected from vehicles.
3. All parking lots, driveways, drive aisles, loading areas, and any other vehicular access
ways, shall be paved with concrete, asphaltic concrete (A. C.), or other paved street
surfacing material in accordance with the Bakersfield Municipal Code (Sections 15.76.020
and 17.58.050 N.).
4.
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 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, light 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 if they
negatively affect adjacent properties.
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Exhibit "1"
PCD ZC 06-0368
Page 6 of 10
5. The developer shall include a copy of a final landscape plan with each set of the final
building plans submitted to the Building Division. Building permits will not be issued until
the Planning Division has approved the final landscape plan for consistency with approved
site plans and minimum ordinance standards (please refer to the attached landscaping
requirements in Chapter 17.61).
(NOTE: At the time a final site inspection is conducted, it is expected that plants will match the species
identified and be installed in the locations consistent with the approved landscape plan. Changes made
without prior approval of the Planning staff may result In the removal and/or relocation of installed plant
materials and delays in obtaining building occupancy.)
6. Habitat Conservation fees shall be required for this project and will be calculated based on
the fee in effect at the time we issue an urban development permit (includes grading plan
approvals) as defined in the Implementation/Management Agreement (Section 2.21) for the
Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant
will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat
Conservation Plan (Implementation/Management Agreement Section 3.1.4). This fee is
currently $1,240 per gross acre, payable to the City of Bakersfield (submit to the Planning
Division). This fee must be paid before any grading or other site disturbance occurs.
7. NOTICE - This project is within an area of documented "known" den sites for the San
Joaquin kit fox. A kit f()x clearance survey is needed Dri()r t() aDDr()yal ()f a aradina
Dlan and any ar()und disturbance to determine if kit fox dens exist on the site. The
Planning Division must receive a copy of this clearance survey. This also requires that the
applicant provide notice to wildlife agencies at least 5 business days before grading occurs
and/or any found den sites are excavated. Forms and instructions are available at the
Planning Division. Please contact Margaret Adams at (661) 326-3672 if you have questions
concerning this matter. (Metropolitan Bakersfield Habitat Conservation Plan Implementation/Management
Agreement Section 4.7.4 & Bakersfield Municipal Code ~15.68.070).
8. Outside work, storage, sales and display of merchandise and materials is prohibited. All
activities and all storage of merchandise and materials shall be conducted and/or contained
within an enclosed building. (Note: This does not include outdoor seating areas for
restaurants. )
9. Refuse collection bin enclosures and container areas are subject to all required structural
setbacks from street frontages, and shall not reduce any parking, loading or landscaping
areas as required by the Zoning Ordinance.
10. In the event a previously undocumented oil/gas well is uncovered or discovered on the
project site, the developer is responsible to contact the Department of Conservation's
Division of Oil, Gas, and Geothermal Resources (DOGGR). The developer is responsible
for any remedial operations on the well required by DOGGR. The developer shall also be
subject to provisions of BMC Section 15.66.080 (B.).
11. The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control
District (Regulation VIII) concerning dust suppression during construction of the project.
Methods include, but are not limited to;, use of water or chemical stabilizer/suppressants to
control dust emissions from disturbed area, stock piles, and access ways; covering or
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Exhibit "1"
PCD ZC 06-0368
Page 7 of 10
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 carryoutltrack out; and cease grading and earth moving during periods of high
winds (20 mph or more).
12. Prior to receiving final building or site occupancy, you must contact the Planning Division
(staff contact noted above) for final inspection and approval of the landscaping, parking lot,
lighting, and other related site improvements. Inspections will not be conducted until all
required items have been installed. Any deviations from the approved plans without prior
approval from the Planning Division may result in reconstruction and delays in obtaining
building or site occupancy.
13. A minimum setback of 10 feet is required along Pacheco Road as measured from the right-
of-way line after dedication. Additionally, this 10-foot strip shall be landscaped in
accordance with Chapter 17.61.
C. FIRE DEPARTMENT {staff c()ntact - Dave Weirather 661/326-37()6}
1. Sh()w ()n the final building plans the f()lI()wing 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.
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 Dave
Weirather. (Note: All new fire hydrants must be purchased from the Fire
Department.)
c. All fire sprinkler and/or stand pipe svstems. fire alarms and commercial hood
svstems. 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.
2. 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.
3. 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.
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Exhibit "1"
PCD ZC 06-0368
Page 8 of 10
4. 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 standing
water. Barricades must be in place where ditches and barriers exist in or cross roadways.
Emergency vehicle access must always be reliable.
D. PUBLIC WORKS - ENGINEERING (staff c()ntact - Ge()rge Gillburg 661/326-3997)
1. The developer shall install 1 (one) street light along Pacheco Road 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 streetlights 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.
2. 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.
3. All on-site areas required to be paved (ie. parking lots, access drives, loading areas, etc.)
shall consist of concrete, asphaltic concrete (Type B, A. C.) or other paved street material
approved by the City Engineer. Pavement shall be a minimum thickness of 2 inches over 3
inches of approved base material (ie. Class II A. B.). This paving standard shall be noted
on the final building plans submitted to the Building Division before any building permits will
be issued.
4. 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.
5. 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.
6. A street permit from the Public Works Department shall be obtained before any work can be
done within the public right-of-way (streets, alleys, easements). Please include a copy of
this site plan review decision to the department at the time you apply for this permit.
7. A sewer connection fee shall be paid at the time a building permit is issued. We will base
this fee at the rate in effect at the time a building permit is issued.
8. A transportation impact fee for regional facilities shall be paid at the time a building permit is
issued, or if no building permit is required, before occupancy of the building or site. This fee
will be based at the rate in effect at the time the building permit is issued. The Public Works
Department will calculate an estimate of the total fee when you submit construction plans
for the project.
The legal description (ie. lot and tract number and/or assessor's parcel number) shall be
shown on the final building plans.
By jengS:\ZoneChangelyr 2006\06-0368\CClExh1.doc
September 16, 2006
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ORIGINAL
Exhibit "1"
PCD ZC 06-0368
Page 9 of 10
10. The developer shall dedicate additional road right-of-way to the City of Bakersfield along
Pacheco Road to full collector street width according to adopted city standards.
11. 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 661/326-3576).
E. PUBLIC WORKS - TRAFFIC (staff c()ntact - Ge()rge Gillburg 661/326-3997)
1. Two-way drive aisles shall be a minimum width of 24 feet. If perpendicular (900) 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.
F. PUBLIC WORKS - SOLID WASTE (c()ntacts - James Scrivan() ()r J()hn Wilburn 661/326-
3114)
1. Y()U must c()ntact the staff DerS()n n()ted ab()ve bef()re buildina Dermits can be issued
()r w()rk begins ()n the pr()perty t() establish the level and type ()f service necessary
f()r the c()lIecti()n ()f refuse and/()r recycled materials. Collection locations must provide
enough containment area for the refuse that is generated without violating required zoning
or setback restrictions (see Planning Division conditions). Levels of service are based on
how often collection occurs as follows:
. Cart service
. Front loader bin services
. Roll-off compactor service
1 cubic yard/week or less 1 time per week
1 cubic yard/week - 12 cubic yards/day
More than 12 cubic yards/day
2. 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 below 0. Before
occupancy of the building or site is allowed, 4, three cubic yard front loading type refuse
bin(s) shall be placed within the required enclosure(s).
D
D
6' deep x 8' wide (1 bin)
8' deep x 10' wide (2 bins)
D
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8' deep x 15' wide (3 bins)
8' deep x 20' wide (4 bins)
NOTE: All encl()sure measurements ab()ve are inside dimensi()ns. 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 person above
for the appropriate enclosure size).
OR
Show on the final building plans 1 (one) compactor roll-off bin location(s). Please contact
staff for additional information on compactor requirements and placement.
By jengS:\ZoneChangelyr 2006\06-0368\CClExh1.doG
September 16. 2006
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Exhibit "1"
PCD ZC 06-0368
Page 10 of 10
3. 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.
4. 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.
5. Facilities that participate in recycling operations must provide a location that is separate
from the refuse containment area.
6. Relocate the refuse bin enclosure out of drive-thru lane to assure proper service without
conflicts to other vehicles.
By jengS:\ZoneChangelyr 2006\06-0368\CClExh1.doc
September 16, 2006
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PllOPERTYDESCRIPTION
All that certBiD. 1nCt or percel orland situated at the Southwest Cotner of Wible Road and
P8checo Road. Bakastield, Califoraia, XXIOI'C particularly described as follows:
The south 190.00 feet ofthenonh 280.00 teet oltha west 421.00 teet of the east 551.00
feet aCtbe Notthwest Quarta-ofSection 23, Towndlip 30 Soutb, Ranp 27 East, Me.8.M.. in
tho County ofXtm. State ofCaJif'omi, bdu& . pOMoa olLot 1 in said Secti0l123, as shown
1I(JOD. thD Xan Coumy SalesMJlp No.1 oflaads olI.8. fT~ made by and according to the
SUl'V'8)'I ofW.R. ~lURIo, Couaty Surmyor of~ Coumy. Cllifomia, dated March 16, 1889
. met filed in tbo O1Iicc oftha Couuty ~ of said !Can CountY on May 3, 1889.
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ORIGINAL
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 12th day of October ,2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4385 passed by the
Bakersfield City Council at a meeting held on the 11 th day of October. 2006 and
entitled:
ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17.06.020 (ZONE MAP NO. 123-23) OF TITLE SEVENTEEN
OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING
FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A
REVISED PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE ON
1.8 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF PACHECO
ROAD, APPROXIMATELY 100 FEET WEST OF WIBLE ROAD TO ALLOW
DEVELOPMENT OF A 15,748 SQUARE FOOT COMMERCIAL RETAIL
BUILDING (FILE #06-0368)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
:::~:f,field
DEPUT City ler
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