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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