HomeMy WebLinkAboutORD NO 4501
ORDINANCE NO.
4501
AN ORDINANCE APPROVING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP 123-18) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
CHANGING THE ZONE FROM C-1 (NEIGHBORHOOD
COMMERCIAL) TO C-2/PCD (REGIONAL COMMERCIAL /
PLANNED COMMERCIAL DEVELOPMENT OVERLAY) ON
APPROXIMATELY 10.98 ACRES AT THE SOUTHEAST
CORNER OF WHITE LANE AND BUENA VISTA ROAD
(FILE NO. 06-1149)
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 district of property encompassing approximately
10.98 acres at the at the southeast corner of White Lane and Buena Vista Road; and
WHEREAS, the Planning Commission, as a result of said hearing held October 18,
2007 and continued to November 1, 2007, made several general and specific findings of facts
on the negative declaration and changes in zoning of the subject property from C-1
(Neighborhood Commercial) to C-2/PCD (Regional Commercial/Planned Commercial
Development Overlay) and the Council has considered said findings and all are true and
correct; and
WHEREAS, 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; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
September 26,2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this site is GC (General Commercial),
which allows commercial development; and
WHEREAS, the general plan designations for the surrounding areas allow commercial,
public school and residential development; and
WHEREAS, by Resolution No. 182-07 on November 1,2007, the Planning Commission
recommended approval of an ordinance amending Title 17 of the Municipal Code for Zone
Change No. 06-1149 as delineated on attached Zoning Map 123-18 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
WHEREAS, a timely appeal was filed by Blain Franzen objecting to the Planning
Commission's decision to approve the project with the Clerk of the City Council; and
WHEREAS, the City Council through its Clerk set January 30, 2008, at the hour of 5: 15
p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a
public hearing before them on the appeal, and notice of their hearing was given in the manner
provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and
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WHEREAS, the City Council continued the matter to its meeting of March 12, 2008 at
the request of both the appellant and applicant; and
WHEREAS, the City Council considered during the hearing, all facts, testimony and
evidence concerning the project, including the staff report, deliberation and action by the
Planning Commission.
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 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 with mitigation was prepared for
the project in accordance with CEQA.
4. The proposed project is consistent with surrounding land uses.
5. The proposed project is consistent with the Metropolitan Bakersfield
General Plan.
6. The public necessity, general welfare and good planning practices justify
the requested zone change.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
1. That the above recitals, incorporated herein, are true and correct.
2. The appeal is hereby denied.
3. The Negative Declaration is hereby approved.
4. The zone change is hereby approved subject to the "Conditions of
Approval" listed in Exhibit "A".
5. Section 17.06.020 of the Municipal Code of the City of Bakersfield is
hereby amended by changing the land use zoning district of that certain
property, the boundaries of which property is depicted on Zone Map 123-
18 marked Exhibit "B" and is specifically described in Exhibit "C ".
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 adoj?ted, by the Council of
the City of Bakersfield at a regular meeting thereof held on MAR 2 6 . zo08
by the following vote:
~ COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
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CARSON, BENH)(M, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
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PAMELA A. McCARTHY, C~
CITY CLERK and Ex Officio. Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GE ARO
City Attorne
By:
Exhibit A - Mitigation/Conditions of Approval
Exhibit B - Zoning Map 123-18
Exhibit C - Legal Description
S:\ZoneChangelyr 2007106-1149 _ PD 07-1558 - see White_Buena VistalCC ord - ZC 06-1149.doe
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ORIGINAL
"EXHIBIT A"
Zone Change 06-1149
Page 1 of5
EXHIBIT "A"
ZONE CHANGE #06-1149
CONDITIONS OF APPROVAL
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
ACOUSTICAL:
1. Truck Delivery
A. A minimum 8-foot sound wall must be constructed along the east and south property line.
B. The wall shall be a minimum of 6 feet when viewed from the project side and 8 feet when
viewed from the residential side.
C. Any material can be used to construct the sound wall, but the wall must have a minimum
surface density of 4 Ibs./sq.ft.
D. The wall must be continuous along its length and width no air gaps including at the bottom
or at expansion joints.
2. Loading Dock Activity
A. Deliveries must occur between the hours of 7:00 a.m. and 10:00 p.m.
B. All trucks must be turned off while waiting to get to the loading dock and while at the
loading dock.
C. If the trailer or truck cargo area has a refrigeration unit, it shall also be shut down for
the duration of the stop.
D. Unless otherwise determined by a new acoustical study, a minimum 10-foot sound wall shall
be built along all loading docks.
i. Any material can be used to construct the sound wall, but the wall must have a
minimum surface density of 4 Ibs./sq.ft.
ii. The wall must be continuous along its length and width no air gaps including at
the bottom or at expansion joints.
iii. The wall height shall be measured above the highest road elevation or building
pad height on nearest the residentially zoned properties.
E. The sound wall shall extend along and beyond the loading docks the minimum distance as
required by the acoustical study to mitigate sound towards residential properties.
3. Car Wash
A. Building
i.
All joints in exterior walls shall be sealed airtight at the wall perimeter and at major M~
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All above ground penetrations of exterior walls by electrical and plumbing >- ~
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ii.
"EXHIBIT A"
Zone Change 06-1149
Page 2 of5
components shall include X to ~ inch airspace around the perimeter. This space
shall be filled loosely with fiberglass insulation. The space shall then be sealed
airtight on both sides of the wall with a resilient, non-hardening caulking or mastic.
iii. Basic exterior wall construction shall be 2" x 6" metal studs with finish of 5/8"
plywood and18 gauge metal siding.
iv. The interior of the exterior wall shall include a layer of 5/8" plywood and 3/4" plastic
sandwich panel along the entire car wash tunnel.
v. The carwash tunnel will be buffered by an 11 feet tall equipment room that runs
continuously along the south side of the tunnel.
vi. The roof shall be 18 gauge metal panels with 2' x 12' lay-in skylight panels over the
car wash tunnel and equipment room (similar to the construction of the Calloway
Drive car wash).
vii. Add sound absorbing panels to the walls and ceiling of the car wash as required
below (items a-h). Add sound absorbing panels to the vacuum area canopy.
a. The panels shall be a minimum 2" thick with a perforated, minimum 22 gauge
steel face and with 2" thick sound absorptive panels behind.
b. A 1 mil Mylar material shall be placed between the sound absorptive material
and the perforated metal.
c. Panels shall be between 36" and 48" wide with a maximum 18" separation
between panels.
d. The panels shall have a minimum NRC rating of 0.55.
e. Sound absorptive material shall be protected from environmental
degradation.
f. Acceptable Sound Absorbing Panels include the following.
· Commercial Acoustics, Acoustic Wall Panels.
· Empire Acoustics, Model M-90.
· United McGill, Model WA 1000.
g. Schedule
· Minimum 40 percent of wall area within :t 20 feet of the dryers.
· Minimum 30 percent of ceiling area within :f: 20 feet of the dryers.
h. Installation
· Install per manufacturer's recommendations.
· Start panels at ceiling line and extend down minimum 6 feet.
· Ensure panels are installed on end walls at exit.
B. Vacuums
i. The vacuums at the car wash shall be placed on the opposite side of the building
from the residential property.
ii The vacuums shall be set back from all residentially zoned property at minimum, the
distance prescribed by the acoustical study.
C. Dryer Fans
i. The exit opening shall be a maximum 8'-6" tall and 10 feet wide.
ii. Install fan package that is in use at Calloway Drive car wash,
iii. Install a 10-foot tall wall at the exit opening as described in the acoustical study.
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"EXHIBIT A"
Zone Change 06-1149
Page 3 of5
a. Any material can be used to construct the sound wall, but the wall must have
a minimum surface density of 4 Ibs./sq. ft. The wall detailed in the
architectural drawings will exceed this requirement. The details of the
proposed wall from one side to the other are:
· 5/8" thick stone veneer
. b. 5/8" thick stucco
. c. Wire mesh and building paper
. d. 5/8" plywood
. e. 1 st row of 18 gauge metal studs at 16" on center
. f. 10" airspace
. g. 2nd row of 18 gauge metal studs at 16" on center
. h. 5/8" plywood
. Building paper and wire mesh
. j. 5/8" thick stucco
. k. 5/8" thick stone veneer
b. The wall must be continuous along its length and width no air gaps including
at the bottom or at expansion joints.
c. The wall height shall be measured above the highest ground elevation on
either side of the barrier.
D. Wash System
i. System Pumps.
a. All pumps should be installed in rooms separate from the wash tunnel.
CULTURAL IMPACT:
4. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation.
5. If human remains were 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.
ADDITIONAL CONDITIONS OF APPROVAL:
CITY ATTORNEY
1. 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, andlor property owner andlor subdivider ("Applicant" herein) agrees to indemnify,
defend, and hold harmless the City of Bakersfield, its officers, agents, employees,
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"EXHIBIT A"
Zone Change 06-1149
Page 4 of5
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.
PLANNING
2. Prior to the issuance of building permits, the applicant shall submit detailed elevations showing
compliance with Section 17.08.140 of the Zoning Ordinance.
3. Only two restaurants on the project site are permitted to have drive-through services.
4. On-site consumption of alcohol may only be permitted upon approval of a conditional use permit.
The applicant shall include this restriction in the recorded deed or CC&R's (conditions, covenants
and restrictions) for the development. A copy of the recorded document shall be submitted to the
Planning Department prior to issuance of building permits.
5. The use of amplified sound outdoors is prohibited. Only speakers used in conjunction with drive-
through services are allowed. The applicant shall include this restriction in the recorded deed or
CC&R's (conditions, covenants and restrictions) for the development. A copy of the recorded
document shall be submitted to the Planning Department prior to issuance of building permits.
6. If a car wash is constructed at the south end of the site adjacent to the residential uses, a minimum
18-foot wide landscape strip shall be installed along the south property line of the project with
landscaping consistent with Chapter 17.61.
PUBLIC WORKS
7. 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 White Lane and Buena Vista Road to arterial standards
(as necessary) for the full frontage of the area within the GPA 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.
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"EXHIBIT A"
Zone Change 06-1149
Page 5 of5
b. The project area is too small to support its own storm drainage sump. The City will allow no
more than one sump per 80 acres; therefore, this site must be included within the drainage
area of adjoining property. Alternatively, a private sump may be constructed and privately
maintained.
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.
8. The entire area covered by this zone change 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.
9. Payment of median fees for the arterial frontage of the property within the ZC area is required prior
to recordation of any map or approval of any improvement plan.
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ZONING MAP 123-18 o IG
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EXHIBIT "C"
Zone Change from C-1 to C-2/PCD
Being Parcel 2 of Parcel Map No. 4099 according to map filed June 1 st, 1977, in Book 18, Page
120 of Parcel Maps, located in the Northwest y.. of Section 18, Township 30 South, Range 27
East, Mount Diablo Base and Meridian, City of Bakersfield, State of California, more
particularly described as follows:
Beginning at the Northwest comer of said Parcel 2 also being the Northwest comer of said
Section l8 and the centerline intersection of Buena Vista Road (Co. Rd. No. #188) and White
Lane (Co. Rd. No. #1);
Thence South 890 52' 55" East 555.00 feet, along the North line of said Parcel 2, also being the
centerline of said White Lane, to the Northeast comer of said Parcel 2;
Thence, leaving said North line of said Parcel 2 and the centerline of said White Lane, South 000
20' 00" West 1,038.00 feet along the east line of said Parcel 2, to the Southeast comer of said
Parcel 2;
Thence, leaving said East line of said Parcel 2, North 890 52' 55" West 555.00 feet along the
South line of said Parcel 2, to the Southwest comer of said Parcel 2, also ~:.~ng a point on the
centerline of said Buena Vista Road;
Thence, leaving said South line of said Parcel 2, North 000 20'00" East 1,038.00 feet, along the
West line of said Parcel 2, also being the centerline of said Buena Vista Road, to the Point of
Beginning;
The above described parcel ofland contains 13.22521 acres.
End Description
Prepared by:
Date:
ester E. Carter Jr., 6148
My License Expires on 3-31-2008
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ORI~'NAL
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 27th
day of MARCH, 2008 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4501 ,passed
by the Bakersfield City Council at a meeting held on the 26th day of MARCH. 2008
and entitled:
AN ORDINANCE APPROVING A NEGATIVE DECLARATION AND
AMENDING TITLE 17 (ZONE MAP NO. 123-18) OF THE MUNICIPAL
CODE FROM C-1 TO C-2/PCD ON APPROXIMATELY 10.98 ACRES
LOCATED AT THE SOUTHEAST CORNER OF WHITE LANE AND
BUENA VISTA ROAD (ZC 06-1149).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP .ORD.wpd
3/26/2008
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ORIGINAL
4501
ORDINANCE NO. ;..-..-"..---_
; POSTED ON
AN ORDINANCE APPROVING A NEGATIVE DECLARATION 1 ."':2.1;}1 {cg
AND AMENDING SECTION 17.06.020 (ZONE MAP 123-18) OF i! ~
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE! y Ity Clerks Office
CHANGING THE ZONE FROM C-1 (NEIGHBORHOOD I City ~f
COMMERCIAL) TO C-2/PCD (REGIONAL COMMERCIAL /! BakersfIeld
PLANNED COMMERCIAL DEVELOPMENT OVERLAY) ON! bY__._~
APPROXIMATELY 10.98 ACRES AT THE SOUTHEAST '-'''-'''-=-
CORNER OF WHITE LANE AND BUENA VISTA ROAD
(FILE NO. 06-1149)
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 district of property encompassing approximately
10.98 acres at the at the southeast corner of White Lane and Buena Vista Road; and
WHEREAS, the Planning Commission, as a result of said hearing held October 18,
2007 and continued to November 1, 2007, made several general and specific findings of facts
on the negative declaration and changes in zoning of the subject property from C-1
(Neighborhood Commercial) to C-2/PCD (Regional Commercial I Planned Commercial
Development Overlay) and the Council has considered said findings and all are true and
correct; and
WHEREAS, 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; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
September 26, 2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this site is GC (General Commercial),
which allows commercial development; and
WHEREAS, the general plan designations for the surrounding areas allow commercial,
public school and residential development; and
WHEREAS, by Resolution No. 182-07 on November 1,2007, the Planning Commission
recommended approval of an ordinance amending Title 17 of the Municipal Code for Zone
Change No. 06-1149 as delineated on attached Zoning Map 123-18 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
WHEREAS, a timely appeal was filed by Blain Franzen objecting to the Planning
Commission's decision to approve the project with the Clerk of the City Council; and
WHEREAS, the City Council through its Clerk set January 30, 2008, at the hour of 5: 15
p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a
public hearing before them on the appeal, and notice of their hearing was given in the manner
provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and
Page 1 of 3
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