HomeMy WebLinkAboutORD NO 3867ORDINANCE NO. 8 8 6 ~
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONIING MAP NO. 102-
20 BY CHANGING THE ZONING OF 21.71 ACRES GENERALLY
LOCATED ON THE NORTHWEST CORNER OF COFFEE ROAD
AND GRANITE FALLS DRIVE, FROM A C-2 (REGIONAL
COMMERCIAL) ZONE TO A PCD (PLANNED COMMERCIAL
DEVELOPMENT) ZONE. (P98-0462)
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 on the northwest corner of Coffee Road and Granite Falls Drive;
and
WHEREAS, by Resolution No. 78-98 on August 20, 1998 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change # P98-0462 as delineated on attached Zoning Map
No. 102-20 marked Exhibit "B", by this Council and this Council has fully considered the
recommendations made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did make
several general and specific findings of fact which warranted a negative declaration of
environmental impact and changes in zoning of the subject property from a C-2 (Regional
Commercial) zone to a PCD (Planned Commercial Development) zone 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,
1998, in accordance with CEQA; and
WHEREAS, the Metropolitan Bakersfield 2010 General Plan Land Use Element
and RiverLakes Ranch Specific 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 CEQA have been followed.
3. Based on an initial study, the proposed Negative Declaration is adequate.
4. The zone change is consistent with the Metropolitan Bakersfield 2010
General Plan and the RiverLakes Ranch Specific Plan.
5. The 21.71 acres of the project site to be zoned PCD (Planned
Commercial Development) is subject to the site plan and conditions of approval for PCD Zone
Change P98-0462.
6. The proposed planned commercial development zone and preliminary
development plan are consistent with the general plan and objectives of this ordinance.
7. The proposed planned commercial 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.
8. The proposed planned commercial development justifies exception 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 of all areas, improvements, facilities and services provided on the
property.
9. The 21.71 acres of the project site to be zoned to a PCD (Planned
Commercial Development) zone (phased), subject to conditions of approval as shown in
attached Exhibit "D," is adequate in size and configuration to provide a commercial
environment of sustained desirability and stability.
10. The request for deferral of improvements is not appropriate.
Improvements are necessary to provide for adequate circulation in the area. Granite Falls Drive
is shown as a collector street in the RiverLakes Ranch Specific Plan and has become a primary
entry for the residential neighborhood located to the west of the subject site, and will be needed
as the Northwest Promenade opens soon.
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 Ivlunicipal Code of the City of
Bakersfield be and the same is hereby amended by changing the land use zoning of that certain
property in said City, the boundaries of which property is shown on Zoning Map. No. 102-20
marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "C ".
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.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Resolution was passe~l~C~9,~Srt by
the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AY,,,~, COUt~£1LME'~{BER DeMOND, CARSON, SMITH, McOERMOTT, P~cLa~, SULLIVAN, $ALVAGGIO
CITY CLERK and Ex Officio Clerk
Council of the City of Bakersfield
APPROVED OCT 0 ?
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
CARL HERNANDEZ, Ill
ASSISTANT CITY ATTORNEY
JEng
S:\ZC462\zc463ord-ccwpd
July 8, 1998
3
EXHIBIT "A"
PCD ZC P98-0462
Conditions of Approval
SECTION h CONDITIONS
Public Works
1 Prior to
1.1
1.2
1.3
1.4
1.5
subdivision of or development on the site,
submit to the City Engineer for his review and approval a comprehensive
drainage and grading plan with soil report. The soil report is to include R-values
for use in determining street and on-site paving sections and percolation tests for
retention basin sites.
provide verification the retention basin adjacent to the canal will not affect canal
operations or integrity.
a mechanism shall be provided outlining responsibility, standards, and frequency
of maintenance of interim or non-publicly maintained drainage facilities.
submit to the Public Works Department and to the Building Department for their
review and approval a comprehensive plan for providing sewer service to each
proposed use or parcel. Include pipe sizes and slopes.
improvement plans for street improvements and publicly maintained sewer &
drainage facilities shall be submitted to and approved by the City Engineer prior
to issuance of any building permits.
2
With the first development
2.1 construct on Granite Falls Drive, curb & gutter, street paving, and sidewalk to
major collector standards. Drive entrances shall have minimum 20' radius curb
returns.
2.2 construct combination sidewalk to City standards on Coffee adjacent to the
Calloway Canal and northerly to tie into existing sidewalk.
2.3 install and energize a total of 5 street lights (9,500 lumen high pressure sodium
vapor) on both Coffee Road and Granite Falls Drive as required by the City
Engineer. Dedicate off-site electrical easements to the City if needed to supply
power to the lights.
The developer shall be responsible for providing all labor and materials and pay
all costs necessary to energize all newly installed street lights prior to any
occupancy.
3
Because the proposed development consists of private, non-dedicated, non-publicly
maintained drives, all sewer lines and appurtenances, drainage basins, storm drainage
systems serving the development, and all access road and parking areas shall be
maintained by a) the property owner if the site remains as one ownedone parcel; or b)
in the event of subdivision of the property, by the entity (such as a property owner's
association) established for the use and maintenance of the non-dedicated
improvements.
4
Prior to review of improvement plans by the city, or with submittal of final development
plans, whichever occurs first, the developer shall submit to the City Engineer for review
and approval, a letter signed and stamped by a licensed Geotechnical Engineer, that the
construction of a retention basin adjacent to the Calloway Canal will not adversely affect
the canal lining or the operation of the canal.
S:~ZC462~zO462-cond wpd ~ ,
September 8, 1998
Exhibit "1"
PCD ZC P98-0462
Page 2
5
The developer shall obtain a letter from the North Kern Water Storage District stating
that this development has provided adequate right-of-way for the maintenance road at
the southerly right-of-way of the Calloway Canal.
An application to amend the approved P.C.D. zone to allow a total square footage over
74,000 square feet shall be accompanied by a traffic study to evaluate cumulative
project impacts generated from total buildout of the area within Zone Change P98-0462
boundaries. The traffic study shall include analysis regarding the need for deceleration
lanes.
Plannina
Prior to issuance of a building permit or recordation of a final map, whichever occurs
first, the developer shall install a 6 foot high chainlink fence on both sides of the
Calloway Canal. The developer shall comply with the Agreement entered into between
the North Kern Water Storage District and RiverLakes Ranch Limited Partnership,
recorded September 29, 1993 (Book 6914, Page 2466). The developer shall also,
obtain and comply with the fencing permit issued by the Friant Water Users Authority.
Fencing must be installed and may not be secured or bonded.
Prior to or concurrently with issuance of a building permit, developer shall have recorded
CC&Rs or other instrument that provides for common access and parking for the subject
site. The CC& Rs or other instrument shall be submitted to the City Attorney for review
and approval prior to recordation.
With the first phase, developer shall install a minimum 25 foot setback from any street
right-of-way, which shall be bermed and landscaped. Berming shall provide visual
screen of the parking area. All Landscape material shall be consistent with those
species listed in the RiverLakes Ranch Specific Plan. These items shall be shown on
the final landscape plans.
10.
Building pads which will not be build on immediately after grading shall be hydroseeded
or turfed and maintained along with other required landscaping. Pad areas to be turfed
shall be labeled as such on final development plans and shall be provided with a
perimeter barrier to prevent vehicular access.
11.
Areas of the project site, other than vacant pad sites, which will be graded but not
landscape or constructed immediately shall be provided with a perimeter barrier to
prevent vehicular access and developer shall either turf, landscape or treat with a dust-
binder. Developer shall maintain the site.
12.
The subject site shall be developed substantially as shown on the site plan with
modifications per the site plan review committee conditions, elevation drawings;
mitigation measures and conditions of approval.
S:~ZC462~z0462-cond wpd
September 8~ 1998 .
Exhibit "1"
PCD ZC P98-0462
Page 3
13.
If during construction activities or ground disturbance, cultural resources are uncovered,
the subdivider shall stop work and retain a qualified archeologist for further study.
Developer shall notify the proper authorities and be subject to any mitigation measures
required of the archeologist. (Mitigation)
SECTION Ih SITE PLAN COMPLIANCE LIST
The following are specific items that the Site Plan Review Committee has noted that you
need to resolve before you can obtain a building permit or be allowed occupancy. These items
may include changes or additions that need to be shown on the final building plans, alert you to
specific fees, and/or are comments that will help you in complying with the city's development
standards. Each item will note when it is to be completed and they have been grouped by
department so that you know who to contact if you have questions.
A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 8051326-3718)
The applicant shall submit 4 copies of grading plans and 2 copies of the
preliminary soils report to the Building Division You must submit a final soils
report to the Building Division before they can issue a building permit.
Include with the final site plan documentation or changes to the plan showing that
the project complies with all disability requirements of Title 24 of the State
Building Code.
Structures exceeding 10,000 square feet in area shall be constructed to include
an automatic fire sprinkler system.
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.
The Building Division will assess school district fees at the time they issue a
building permit.
B. DEVELOPMENT SERVICES - PLANNING (staff contact- Dave Reizer 8051326-3673)
1. The minimum parking required for this project shall be 785 parking spaces.
NOTES: The number of parking spaces calculated per Ordinance is 436 parking spaces as follows:
Parking Parking
Use Sauare Footaae Ratio Required
Main Building (A)
Main Building (A)
35,000 sq, ft 1 space/200 sq. ft. 175 Spaces
15,000 sq. ft. 1 space/250 sq. ft. 60 Spaces
SUgTOTAL 235 Spaces
S:~ZC462~.0462-cond.wpd
September 8, 1998
Exhibit "1"
PCD ZC P98-0462
Page 4
Building C (Retail) 3,850 sq ft. 1 space/300 ~q ft. 13 Spaces
Building B (Bank) 13,850 sq. ft. 1 space/300 sq ft 46 Spaces
Building D
(Restaurant w/bar) 6~300 sq ft. 1 space/50 sq ff 126 Spaces
(30 outdoor seats) 1 space/2 seats 15 Spaces
TOTAL 435 Spaces
The applicant shall submit one (1) copy of a landscape plan to the Planning
Division, and include a copy of this final plan with each set of the final plans
submitted for building permits. Building permits will not be issued until the
Planning Division has approved the final landscape plan for consistency with
minimum ordinance standards (please refer to the attached standards - Chapter
17.61).
Approved landscaping, parking and other related site improvements shall be
installed and inspected before final occupancy of any building or site.
Inspections are made on Fridays. Please call Dave Reizer (805/326-3673) to
schedule an appointment before the Friday you want your inspection.
A solid masonry wall is required to be constructed adjacent to residentially zoned
property as indicated by staff on the returned site plan. This wall must be shown
on the final plans and constructed a minimum height of 6 feet as measured from
the highest adjacent finished grade. This wall located along the western
boundary of the site shall comply with Standard 11.4.7.2.b. of the RiverLakes
Ranch Specific Plan which requires this wall to be the Community Theme Wall,
Level Two design including split faced masonry units with decorative brick cap.
Brick faced pilasters occur at approximately 60 feet intervals. Wall may be
constructed with development of Phase 2.
If the parking lot, including drive aisles, delivery areas, loading and unloading
areas are within 10 feet of residentially zoned property, a 7-foot wide landscape
strip that includes landscaping consistent with Chapter 17.61 shall be installed
between the wall and parking/drive areas (this will be noted on the returned
plan).
Parking lot lighting is required by the Bakersfield Municipal Code (Section
17.58.060A). Lights shall be designed, arranged, and shielded to reflect light
away from adjacent residential properties and streets. All light fixtures shall be
between 15' and 40' above grade with illumination evenly distributed across the
parking area. Lighting direction and type of light fixture shall be shown on the
final site plan or included with the building plans.
Addressing for the project shall be designated as shown by staff on the returned
site plan The addresses provided will be the only addresses assigned by the
city. Any additional internal addressing will be only by suite number and will be
the responsibility of the owner or developer to assign to each tenant.
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
S:~ZC462~_0462-co nd wpd
September 8, 1998
Exhibit "1"
PCD ZC P98-0462
Page 5
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).
Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly,
hotel, hospital, church, school) shall be completely screened by parapets or other
finished architectural features constructed to a height of the highest equipment,
unfinished structural element or unfinished architectural feature of the building.
Open storage of materials and equipment shall be surrounded and screened with
a solid wall or fence (screening also applies to gates). This fence shall be at
least 6 feet in height and materials shall not be stacked above the height of the
fence. (Note: A taller fence is aftowed in commercial and industrial zones. A
building permit is required for all fences and walls over 6 feet in height.)
10.
Areas used for outside storage (does not include vehicle parking areas which are
required to be paved), shall be treated with a permanent dust binder or other
permanent dust control measures consistent with air pollution control regulations.
C. FIRE DEPARTMENT (staff contact - Greg Yates 805/326-3939)
Show on the final site plan all fire lanes as indicated by staff on the returned site
plan. Spacing between each sign identifying the fire lane must also be shown on
the final plan that meets minimum city standards. The applicant shall install all
required fire lane signs before occupancy of any building or portion of any
building is allowed.
Show on the final site plan all on-site fire hydrant locations and required fire
flows. Based upon available information, the fire flow requirement may be 3,500
gallons per minute.
To provide adequate fire protection during construction, the applicant shall install
10 fire hydrants as shown by staff on the returned site plan, or provide an
alternative fire suppression program as approved by the Fire Department before
final site plan approval. The applicant is required to purchase all fire hydrants
from the Fire Department.
The applicant shall give the Fire Department one set of the engineered water
plans before the issuance of any building permit.
S:~ZC462~0462-cond.wpd
September 8, 1998
Exhibit "1"
PCD ZC P98-0462
Page 6
The applicant shall contact the Fire Safety Control Division, (1715 Chester
Avenue, Suite 300, Bakersfield, CA; Ph. 805/326-3951) for fire and safety
requirements. Please provide one (1) site plan and one (1) floor plan to the Fire
Marshal before beginning construction. Staff will also issue guidelines for
automatic sprinkler system fire department connections (FDC) if sprinkler
systems are required.
The applicant must request an inspection of any underground sprinkler feeds at
least 24 hours before they are buried. The Fire Safety Control Division (1715
Chester Avenue, Suite 300, Bakersfield, CA; 805/326-3951) must complete all
on-site inspections of fire sprinkler systems & fire alarm systems before any
building is occupied.
All streets and access roads to and around any building under construction must
be at least 20 feet wide, contain no vehicle obstructions, and be graded to
prevent water ponding. Barricades must be placed where ditches and barriers
exist in or cross roadways. Emergency vehicle access must always be reliable.
Yellow stripes shall identify areas next to all Fire Department connections
according to the Bakersfield Municipal Code (Section 15.64.140 d.).
D. PUBLIC WORKS - ENGINEERING (staff contact - Harry Afshar 8051326-3576)
Prior to ~ssuance of a building permit,
1.1 a master drainage and grading plan for the entire P. C. D. area shall be
submitted to and approved by the City Engineer prior to issuance of a
building permit.
1.2 the applicant shall provide four copies of the grading plan and two copies
of the preliminary soils report to the Building Department.
1.3 engineered improvement plans for all street construction shall be
submitted to and approved by the City Engineer.
The applicant shall construct curbs, gutters, 5.5' concrete sidewalks, and tie-in
paving on Granite Falls Drive according to adopted city standards.
The applicant shall install 5 9,500 lumen HPSV street lights as shown by staff on
the returned site plan. The applicant shall be responsible for providing the labor
and materials necessary to energize all newly installed street lights before
occupancy of the building or site.
The applicant shall construct new connection(s) to the public sewer system
(show on final plans).
All driveways, vehicular access and parking areas shall be paved with a
minimum of 2" Type B, AC. over 3" Class II A.B. according to the Bakersfield
Municipal Code (Section 15.76.020 & 17.58.050 N.) and the adopted standards
of the City Engineer (or engineered section using equivalent paving material
such as P.C.C.).
s:~zc462~z0462-con d~wpd ~
September 8, 1998
Exhibit "1"
PCD ZC P98-0462
Page 8
Should the Phase II project submittal result in a revised PCD which meets the
definition of a Major Retail Project per City Council Resolution 111-83 a Traffic
Study will be required. Said study shall comply with the Traffic Impact Fee
ordinance and policies in place at the time of project submittal.
A major retail project is defined to include each of the following:
a. Any single retail store or business with a total gross floor area of 75,000
square feet or more.
Any retail shopping center with a gross floor area of more than 100,000
square feet.
c. An addition to any existing retail shopping center with a gross floor area
of more than 100,000 square feet which increases the total gross floor
area twenty percent (20%) or by more than 75,000 square feet, or an
addition to any shopping center which increases the shopping center to
150,000 square feet or more.
F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 8051326-3114)
Show on the final plan 8' x 10' refuse bin locations in locations approved by the
solid waste division. Before occupancy of the building or site is allowed, three
cubic yard front loading type refuse bins shall be constructed on the site
according to the adopted city standards (Detail #S-43).
Show on the final plan compactor roll-off bin locations, as approved by the solid
waste division..
Before building permits can be issued or work begins on the property, you must
contact the staff person above to establish the level and type of service
necessary for the collection of refuse and/or recycled materials.
Facilities that require infectious waste services shall obtain approval for separate
infectious waste storage areas from the Kern County Health Department. In no
instances shall the refuse bin area be used for infectious waste containment
purposes.
Facilities that require grease containment must provide a storage location that is
separate from the refuse bin location,
Facilities that participate in recycling operations must provide a location that is
separate from the refuse containment area.
The Solid Waste Division will determine appropriate service levels for refuse
collection required for a project. The levels of service are based on how often
collection occurs as follows:
Can or cart service --
Front loader bin service --
Roll-off compactor service
1 cubic yard/week or less
1 cubic yard/week - 12 cubic
yards/day
More than 12 cubic yards/day
S:~ZC462~z0462-con d.wpd
September 8, 1998
C2
R2
PCD
N
mO
O"t-
O~Z
ITl
CITY OF BAKERSFIELD
ZONING MAP 102-20
SEC 20 T 29s R 27~
LEGEND
EXHIBIT C
PCD Zone Change P98-0462
Legal Description
Adjusted Parcel A of Lot Line Adjustment No. 365, as evidenced by a Certificate of Compliance
recorded November 30, 1993 in Book 6949, Page 1640 of Official Records, more particularly
described as follows:
Being a Lot Line Adjustment of Parcels 23 and 24 of Parcel Map No. 6521, recorded in Book 30,
Page 6 of Parcel Maps.
Also being a portion of Section 20, Township 29 South, Range 27 East, M.D.M~, in the City of
Bakersfield, County of Kern, State of California, more particularly described as follows:
Beginning at the Southwest comer of Parcel 23 of said Parcel Map No. 6521, thence North 28°
17'36" East, 78.85 feet to the true point of beginning; thence (1) North 28° 17'36" East, 1087.40
feet to a point on the Westerly right of way of the Calloway Canal; thence (2) South 77° 08'53"
East, 5 1.77 feet; thence (3) South 89° 49'32" East, 135.50 feet to a point on the East right of way
of said Calloway Canal; thence (4) South 50° 45'55" East, 88'7.47 feet; thence (5) South 22°
43'56" East, 97.74 feet to a point on the East line of said Section 30; thence (6) Southerly along
last said East line of Section 20, South 00° 26'11" West, 404.69 feet; thence (7) departing the
East line of Section 20, South 85 °12'06" West, 1 l 6.21 feet to the beginning of a tangent curve
concave Northerly having a radius of 1000.00 feet; thence (8) Westerly along said curve through
a central angle of 18° 43'11" an arc distance of 326.72 feet; thence (9) North 76° 04'43" West,
442.64 feet to the beginning of a tangent curve concave Southerly having a radius of 100000
feet; thence (10) Westerly along said curve through a central angle of 24 ° 35'53" an arc distance
of 429.32 feet; thence (11) South 79 ° 19'24" West, 130.19 feet to the true point of beginning.
Except that portion consisting of the Calloway Canal as more particularly described in Easement
Deed recorded August 19, 1983 in Book 5581, Page 1159, at the Office of the Kern County
Recorder.
/
/
/
/
/
/
/
/
/
I
/
/
/
/
/
/ /
/
/
/
/
/
/
/
/
/
/
/
/
/
/
I
/
/
/
EXHIBIT D
L
iI
PLAN
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on the 8th day of October ,1998 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3867 , passed by the
Bakersfield City Council at a meeting held on the 7th day of October 1998 , and
entitled:
ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO. 102-20 BY CHANGING THE
ZONING OF 21.71 ACRES GENERALLY LOCATED ON THE NW CORNER
OF COFFEE ROAD AND GRANITE FALLS DRIVE, FROM A C-2
(REGIONAL COMMERCIAL) ZONE TO A PCD (PLANNED COMMERCIAL
DEVELOPMENT) ZONE.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
S:\DOCUMEN'GAOPOSTING
October 8, 1998