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Home My WebLink AboutORD NO 4510ORDINANCE NO. 4 5 1 0 „ AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND AMENDING SECTION 17.06.020 (ZONING MAP 102-34) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO A REVISED PLANNED COMMERCIAL DEVELOPMENT (PCD) ZONE ON APPROXIMATELY 1.8 ACRES OF AN APPROXIMATE 16.75- ACRE COMMERCIAL CENTER GENERALLY LOCATED AT 5200 STOCKDALE HIGHWAY (ZC 07-2195). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located AT 5200 Stockdale Highway; and WHEREAS, by Resolution No. 71-08 on May 1, 2008, the Planning Commission recommended approval of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-2195 as delineated on attached Zoning Map 102-34 marked Exhibit "D", more thoroughly described in attached Exhibit "E", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, a Notice of Exemption was advertised and posted on April 2, 2008, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for commercial development; and WHEREAS, the City Council conducted a public hearing on May 21, 2008 to consider the Planning Commission Resolution 71-08; and WHEREAS, the City Council 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 initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. 4. The proposed project is compatible with the future development of surrounding uses. 5. The proposed project, as shown on Exhibits "B," and "C," is consistent with the Metropolitan Bakersfield General Plan. ,r-,+;`l ~~ '~~, __ ,__ _ f 1 ~./' ~ .. ~_. ~ . 1 g. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "B." 7. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map 102-34 marked Exhibit "D" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "E ". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "A", subject to approval of GPA No. 07-2195. 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. ------- -000--------- 2 ,. ~~. ., ~.~~ t ', s" _ f r- 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 .Il1N 1 1 2008 by the following vote: AYES: COUNCILMEMBER: CARSON, BENNAM, WEIR COUCH, HAItfSON, SUL`CIVAN, SCRIVNER COUNCILMEMBER: ABSTAIN: ABSENT: COUNCILMEMBER: ~, o COUNCILMEMBER: PAMELA A. McCARTHY, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 1 1 2008 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: Exhibit A -Mitigation/Conditions of Approval B -Location Map C -Site Plan and Elevations D -Zone Map 102-34 E -Zone Change Legal Description RB - S:\ZoneChange\yr 2008\07-2195\CC ZC Ordinance 07-2195.doc ~` r, ~, - ,, rr 3 _ ,r EXHIBIT A MITIGATION/CONDITIONS OF APPROVAL ,~, ~~, Page 1 PD PLAN REVIEW - 07-2195 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 usually need to be shown on the final building plans or completed before a building permit is issued. Each has been grouped by department so that you know whom to contact ~f you have questions. A. DEVELOPMENT SERVICES -BUILDING (staff contact -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. The developer shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that is within 20 feet of property lines if it is used for commercial or industrial purposes, or 5 feet of property lines if it is used for residential purposes. 3, 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. 4. Buildings or structures exceeding 10,000 square feet in area shall require installation of an automatic fire sprinkler system. 5. Business identification signs are not considered nor approved under this review. A separate review and sign permit from the Building Division is required for all new signs, including future use and construction signs. Signs must comply with the Sign Ordinance (Chapter 17.60 of the Bakersfield Municipal Code). g. 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. ~. _r~;n t= , t c: , ' _ g. DEVELOPMENT SERVICES -PLANNING (staff contact -Hayward Cox 661/326-3673) Page 2 1. The minimum off-street parking required for this project site is 847 spaces, as computed pursuant to the shared use of parking provisions in Bakersfield Municipal Code Section 17.58.080.6. (Note: 919 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'/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. 5. Because parking and/or access is being shared with adjacent properties, the developer shall file with the Planning Division before any building permits are issued a copy of a recorded map, C. C. and R.'s, or other instrument that ensures that drive aisles, parking, and access is legally shared in common with adjoining properties as depicted on the site plan for the life of the project. g. 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 la leasepefelato the attached landscap ng ved site plans and minimum ordinance standards (p requirements in Chapter 17.61). The Developer shall ensure that all street frontage trees remain in place and that no excessive trimming or topping will occur. (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.) 7. A solid masonry wall shall be constructed adjacent to residentially zoned property as ~ , , indicated by staff on the returned site plan. This wall must be shown on the final builc~i~"'`'`~,~ ;> ~, . ~G. , Page 3 plans and shall be constructed a minimum height of 6 feet as measured from the highest adjacent finished property grade. 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 also be noted on the returned plan). 8. 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 $2,145 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. 9. Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel, hospital, church, school), and industrial buildings adjacent to residentially zoned properties, 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. 10. 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: Fences taller than 6 feet are allowed in commercial and industrial zones but they will require a building permit.) 11. Areas used for outside storage, shall be treated with a permanent dust binder or other permanent dust control measures consistent with the regulations of the San Joaquin Valley Air Pollution Control District. (Note: All passenger vehicle-parking areas must be paved.) 12. 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. 13. 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.). 14. The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control District (Regulation VIII) concerning dust suppression during construction of the project. Methods include, but are not limited to;, use of water or chemical stabilizer/suppressants to control dust emissions from disturbed area, stock piles, and access ways; covering or wetting materials that are transported off-site; limit construction-related speeds to 15 mph on all unpaved areas/ washing of construction vehicles before they enter public streets to minimize carryout/track out; and cease grading and earth moving during periods of high winds (20 mph or more). 15. 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 obtainir~` ~ ~,, ~': r Cr Page 4 building or site occupancy. C. FIRE DEPARTMENT (staff contact -Dave Weirather 6611326-3706) 1, Show on the final building plans the following items: a. All fires rinkler and/or stand i e s stems fire alarms and commercial hood s sy tams. 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 (1600 Truxtun Avenue, Suite 401, 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. 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. 4. If you handle hazardous materials or hazardous waste on the site, the Prevention Services Division may require a hazardous material management and/or risk management plan before you can begin operations. Please contact them at 661/326-3979 for further information. 5. If you treat hazardous waste on the site, the Prevention Services Division may require a hazardous waste "Tiered" permit before you can begin operations. Please contact them at 661/326-3979 for further information. g. If you store hazardous materials on the site in either an underground or a permanent aboveground storage tank, a permit from the Prevention Services Division is required to install and operate these tanks. The Prevention Services Division may also require a Spill Prevention C ntities of 1 320 gal ons or mores Pleaseaconta c them art 6r1 326-3979 for ground in qua further information. p. PUBLIC WORKS -ENGINEERING (staff contact -George Gillburg 661/326-3997) 1. 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. 2. 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. 3. If a grading plan is required by the Building Division, building permits will not be issued utntil the grading plan is approved by both the Public Works Department and Building Divis~oi'r: ~~~`~~ Page 5 E. F. 4. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. An industrial waste permit must be obtained from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the Wastewater Treatment Superintendent at 661/326- 3249. 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. 9. The legal description (ie. lot and tract number and/or assessor's parcel number) shall be shown on the final building plans. PUBLIC WORKS -TRAFFIC (staff contact -George Gillburg 661/326-3997) 1. Two-way drive aisles shall be a minimum width of 24 feet. If perpendicular (90°) parking spaces are proposed where a vehicle must back into these aisles, the minimum aisle width shall be 25 feet. All drive aisle dimensions shall be shown on the final building plans. 2. Show the typical parking stall dimensions on the final building plans (minimum stall size is 9 feet x 18 feet). PUBLIC WORKS -SOLID WASTE (contacts -James Scrivano or John Wilburn 661/326-3114) You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and/or 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 -- 1 cubic yard/week or less 1 time per week • Front loader bin services -- 1 cubic yard/week - 12 cubic yards/day • Roll-off compactor service -- More than 12 cubic yards/day 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 ~. Before ~;~,;; - occupancy of the building or site is allowed, 2 - 3, three cubic yard front loading type ruse \~ ~~, =,'-,' bin(s) shall be placed within the required enclosure(s). ^ 6' deep x 8' wide (1 bin) Q 8' deep x 15' wide (3 bins) ^ 8' deep x 10' wide (2 bins) ^ 8' deep x 20' wide (4 bins) Page 6 NOTE: All enclosure measurements above are inside dimensions. If both refuse and recycling containers are to be combined in the same enclosure area, this area must be expanded in size to accommodate multiple containers/bins (contact the staff person above for the appropriate enclosure size). Or, 3. Show on the final building plans, one compactor roll-off bin location(s). Please contact staff for additional information on compactor requirements and placement. 4. 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. 5. 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. 6. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. 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DESCRtP'T10N ONS OF THE SOUTHEAST QUARTER OF ~~ ~~ TpWNSH~ 29 SOUTH, RANGE THOSE PORTI 27 EAST, M.D.B.M., IN THE CITY OF BAKERSFIEI.D, COUNTY-OF KERN, STATE OF CgI.IFORNU MORE pgRTlCtnARt.Y DESCRIB®AS. 1 2 AND 3 pF PARCEL MAP No. 10748 PER MAP RECORDED ~~' E OFFICE OF PARCELS , DOCUMENT No. 201'057812, FlL®IN BOOK 510E PARCEL MAPS AT PAGE 158 IN THE KERN COUNTY RECORD CONTAINS. 4.50 ACRES MORE OR LESS. TOGETHER W(TH; PARCELS B At+~ C OF LOT LINE ADJUSTMENT No. P00-0256 OFFI(~Al. RECORDS COMPLIANCE D JUNE 27, 2000 AS DOCUM~ No. 0200077240 OF CONTAINS 3.04 ACCRES MGRS ~ LESS ALSO TOGETHER WITH; 1 2 3 AND 4 tNCLUSNE, OF LOT LINE ADJUSTMENT No. 377 PER ~O~FFlO~FF~ICIAI. PARCELS No. 02001463 COMPLIANCE RECORDED FEBRUARY 7, 2000 AS DOCK RECORDS. CONTAINS 9.21 ACRES MORE.OR LESS WP+~`~9 O~ S~ ~_ ~~ ~•.~ . `/' Lj `.~ }- t 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 June , 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4510 ,passed by the Bakersfield City Council at a meeting held on the 11th day of June, 2008 and entitled: AN ORDINANCE APPROVING A NOTICE OF EXEMPTION AND APPROVING A ZONE CHANGE FROM PCD TO PCD ON APPROXIMATELY 1.8 ACRES OF A LARGER 16.75 ACRE COMMERCIAL CENTER LOCATED GENERALLY AT 5200 STOCKDALE HIGHWAY (ZC 07-2195). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ~ _ ~c~ DEPUTY City Clerk S:\DOCUMENT\FORMSWOP.ORD.wpd 6/11 /2008 ~, A K;~~, 4 ~ J ~ti ~:: ~r1 r r i ~~ ~~~~~~cairar.~. ORDINANCE NO. 4 5 1 0 „ AN ORDINANCE ADOPTING A NOTICE OF EXEMPTION AND AMENDING SECTION 17.06.020 (ZONING MAP 102-34) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO A REVISED PLANNED COMMERCIAL DEVELOPMENT (PCD) ZONE ON APPROXIMATELY 1.8 ACRES OF AN APPROXIMATE 16.75- ACRE COMMERCIAL CENTER GENERALLY LOCATED AT 5200 STOCKDALE HIGHWAY (ZC 07-2195). POSTED ON Co O Fs by City Cle c's Office City of Bakersfield by_____L~-~- WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located AT 5200 Stockdale Highway; and WHEREAS, by Resolution No. 71-08 on May 1, 2008, the Planning Commission recommended approval of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-2195 as delineated on attached Zoning Map 102-34 marked Exhibit "D", more thoroughly described in attached Exhibit "E", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, a Notice of Exemption was advertised and posted on April 2, 2008, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for commercial development; and WHEREAS, the City Council conducted a public hearing on May 21, 2008 to consider the Planning Commission Resolution 71-08; and WHEREAS, the City Council 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 initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. 4. The proposed project is compatible with the future development of surrounding uses. 5. The proposed project, as shown on Exhibits "B," and "C," is consistent with the Metropolitan Bakersfield General Plan. c~ ,_ ~r, F- r <_ ~ ORiGINAI