HomeMy WebLinkAboutORD NO 4029ORDINANCE NO. 4 0 2 9
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO.102-
34) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM A
PLANNED COMMERCIAL DEVELOPMENT (PCD) ZONE TO A
REVISED PLANNED COMMERCIAL DEVELOPMENT (PCD)
ZONE ON 16.75 ACRES LOCATED ON THE NORTH SIDE OF
STOCKDALE HIGHWAY, EAST OF CALIFORNIA AVENUE TO
ALLOW INSTALLATION OF A GAS FUELING STATION
(ZC #P01-0383)
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 north side of Stockdale Highway, east of California
Avenue; and
WHEREAS, by Resolution No.99-01 on August 2, 2001 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Planned Commercial Development (PCD) zoning as delineated on
attached Zoning Map No. 102-34 marked Exhibit "C", and more specifically described in
Exhibit "D", 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 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 June 28,
2001, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development; and
WHEREAS, the proposed zone change consisted of a change from a Planned
Commercial Development (PCD) zone to a revised Planned Commercial Development (PCD)
zone to allow installation of a 10-pump gas fueling facility, kiosk and canopy, on the 16.75
acre shopping center site; and
findings:
WHEREAS, the City Council has considered and hereby makes the following
ORIGINAL
All required public notices have been given
The provisions of the California Environmental Quality Act (CEQA) have
been followed.
The project must be granted a "de minimis: exemption with respect to the
payment of Fish and Game Section 711 fees. Based on the absence of
evidence in the record as required by Section 21082.2 of the State of
California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency
that this project will result in impacts that fall below the threshold of
significance with regard to wildlife resources and, therefore, must be
granted a "de minimis" exemption in accordance with Section 711 of the
State of California Fish and Game Code. Additionally, the assumption of
adverse effect is rebutted by the above-referenced absence of evidence
in the record and the Lead Agency's decision to prepare a Negative
Declaration for this project.
Pursuant to BMC Section 17.54.070:
The proposed planned commercial development zone and
preliminary development plan is consistent with the General Plan
and objectives of this ordinance.
The proposed development will constitute a commercial
environment of sustained desirability and stability, and it will
compliment and harmonize with the character of the surrounding
neighborhood and community.
The proposed development justifies exceptions from the normal
application of this code in that it integrates such elements as the
location of structures, circulation pattern, parking, landscaping
and utilities, together with a program for provision, operation and
maintenance of all areas, improvements, facilities and services
provided on the property.
The overall design of the project, as conditioned, is consistent with the
goals and policies of all elements of the general plan.
The conditions of approval, attached hereto as Exhibit "A" are needed to
provide for orderly development, and the public health, welfare and
safety; and
as follows:
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
All of the foregoing recitals are hereby found to be true and correct.
The Negative Declaration is hereby approved and adopted.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be and the same is hereby amended by changing the land use zoning of that
certain property in said City, the boundaries of which property is shown on Zoning Map. No.
102-34 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "D ".
4. Such zone change is hereby made subject to the conditions of approval
listed and plans depicted in attached Exhibit "A", and Exhibit "B."
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 .........
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
,c;Fp 3.9 2~3~31 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARO, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~b~_~
COUNClLMEMBER t~ k3~
COUNClLMEMBER ~ ~ ~r_.-
CITY CLERK and Ex Officio/~erk of the
Council of the City of Bakersfi'~ld
' HA/i~VE'~L. H~ALL ~
MAYOR of the Ci~ of Bakem~ld
/
APPROVED AS TO FORM:
BART J, THI~:~EN
City
V'rgin'l~i Genna~o,/De~uty City Attorney
Exhibits:
A. Conditions
B. Site Plan
C. Zone Map 102-34
D. Legal Description
jeng \ S:~_.oneChange~7.383~cc~OZC-CC,wpd ',\ August16,2001
EXHIBIT "A"
CONDITIONS OF APPROVAL
PCD ZONE CHANGE # P0'1-0383
APPLICANT'S CONDITIONS
A masonry wall shall be constructed between the proposed PCD property and the adjacent
property that is residentially zoned either PUD, R-1 or R-2. This wall shall be a minimum of ten
feet on the PCD property side of the wall adjacent the PUD zoning and eight feet tall adjacent to
R-1 and R-2 zoning. A transition from the 10 foot wall to the 8 foot wall height shall be provided
on the section of the wall adjacent the R-1 zoning. Said transitions hall be consistent with
approved plans for the wall construction dated August 20, 1999. The wall shall be in place prior
to commencement of any demolition or construction activity on the project site.
Satisfied. A ten and eight-foot high wall was constructed with Phase I along north boundary
adjacent residentially zoned property. On September 15, 1999, Planning Commission approved
minor change in odginal condition to allow reduction of wall height from 10 feet to 8 feet
adjacent the residentially zoned property.
As shown on the PCD site plan, a 10-foot wide landscape setback shall be constructed on the
property side of the masonry wall. (Satisfied for Phase I only. Still required for Phase II)
As shown on the PCD site plan, a drainage sump shall be constructed in the northeast corner of
the PCD property.
A wrought iron fence, minimum six-feet high shall be constructed along the easternmost
property line separating the PCD property and the C-O property to the east. The wrought iron
fence shall be constructed prior to commencement of construction on the Occidental Petroleum
property at 5000 Stockdale Highway.
Roof mounted mechanical equipment on the major retail buildings shall be designed to avoid
direct illumination to the residential properties subject to approval of the Planning Director.
Exterior lighting on the north side of the major retail buildings shall be mounted on the southern
half of the roof of the building.
7. The truck delivery court shall be enclosed with masonry walls no less than ten-feet in height.
Delivery trucks shall be limited to the period between 7 a.m. and 10 p.m. for making deliveries to
the truck delivery court facility.
9. The developers, at their expense shall:
A)
Remove the existing pipe supports and wood fencing leaving the masonry retaining wall
in place.
B) Construct the new masonry wall adjacent the south side of the existing retaining wall.
c)
Install a concrete cap on top of the existing retaining wall that is flush with the northern
side and extends to meet the northern side of the masonry wall. (Satisfied for Phase I)
S:~ZoneChangetz~83tcc~xA.~c-ord. wpd
August 15, 2001
Exhibit "A"
ZC P01-0383 Conditions
Page 2
10. The developers shall give the adjacent residential property owners two weeks notice prior to
commencing with the fence removal and construction of the new masonry wall. Evidence of
such coordination must accompany request for demolition permit. (Satisfied for Phase I)
11.
The developer shall coordinate with the adjacent residential property owners and all them to
select from the "standard integral colors" selected by the developer, for the concrete block color
that will be used. Evidence of such coordination must accompany request for demolition permit.
(Satisfied for Phase I)
12.
The developers shall coordinate with each of the residential property owners and allow them to
select the types of trees that they would prefer to have planted in the landscape easement
adjacent their property. Selection will be from the list of approved trees designated for this
project. Evidence of such coordination must accompany request for any landscaping or site
plan review, (Satisfied for Phase I)
PUBLIC WORKS
13.
The building having square footage added shall be assessed additional local mitigation fees for
the increased area as a percentage of the total local mitigation costs previously determined for
the shopping center. The percentage share can either be pro-rated based upon percentage of
total building square feet or percentage of peak trips.
14.
The building having square footage added shall be assessed additional Regional Transportation
Impact Fees in accordance with the same criteria used for the remainder of the shopping center.
15.
The gas pump addition shall be assessed additional Regional transportation impact Fees in
accordance with the same criteria used for the remainder of the shopping center. ADT rates
shall be 446 per day for the 10 pump fuel island. (ZC P01-0383)
16.
Local mitigation fees shall be assessed based upon the projects fair share of the original
mitigation total cost. The share shall be 5.46% (44 PM project peak trips / 806 total PM Peak
trips). (ZC P01-0383)
17.
Prior to issuance of a building permit, the applicant shall provide to the Public Works Department
for the review and approval of the City Engineer a design for the elimination or modification of
the private retention basin at the northwest corner of Stockdale Highway and the driveway west
of the intersection of Stockdale Highway and Village Lane. (ZC P01-0383)
PLANNING
18
Satisfied with construction of Phase I.
S:[ZoneChangetz383tcctExA-cc-ord. wpd
August 15, 2001
The applicantJdeveloper shall provide two bus stop locations for the project site. One bus stop
along the north side of Stockdale Highway and the other along the east side of California
Avenue. The bus stop pad size shall be 15 feet by 10 feet minimum with the specific location
and geometric configuration of th sites approved by the Golden Empire Transit District. The
Golden Empire Transit District will be given 30 days to respond prior to site plan review approval
or it will be deemed approved subject only to the City of Bakersfield Traffic Engineer. The site
plan must be consistent with the approved size and location for bus stops. Both sites to be
completed prior to issuance of final occupancy of either major retail store.
CC,
Exhibit "A"
ZC P01-0383 Conditions
Page 3
19
2O
21
22
23
24
25
26
In the event any cultural resources are found, after demolition or during construction of new
structures, all work shall stop and a qualified archeologist must be contacted to evaluate the find
and recommend mitigation measures. All measures to be carried our prior to final occupancy of
either major retail store.
The subject site shall be developed substantially as shown on the site plan with modifications
per the site plan review committee conditions, elevation drawings, letter of explanation.
The 40-foot building setback area along the north side of Phase II shall be used solely for
emergency access and landscaping.
In the event the existing oil well site near the southwest portion of the market is eliminated prior
to construction of the market, the area shall be used for additional parking. Also, the market
shall be moved south and a 10-foot side-yard landscaped area shall be created along Business
Center Drive. (Satisfied with Phase I)
The applicantJdeveloper shall allow access to the market property from the Village Lane/
Stockdale Highway intersection. (Satisfied with Phase I)
The existing Occidental Building shall be demolished and all improvements to the entire site
shall be completed within six months of issuance of a Certificate of Occupancy or final
inspection, whichever comes first, for the market. (Satisfied with Phase I)
Developer shall provide and maintain common access and parking agreements between subject
property zoned PCD and subject property to be zoned C-2 located at the northeast corner of
California Avenue and Stockdale Highway. (Satisfied with Phase I)
Landscapin(~: Prior to issuance of a building permit for the gas fueling facility, the developer shall
submit and obtain approval of a landscaping plan of the project site from the Planning
Commission. The plan shall include the existing landscaping in Phase I of the shopping center
and the following:
26.1
Developer shall plant thirteen (13) trees in the landscape planters located at end of each
tier of parking spaces that are relocated as a result of the construction of the gas fueling
station, and the single tree planter along Stockdale Highway as shown on the applicant's
landscape plan. Trees shall be a minimum of 24-inch box size. There shall be two trees
planted in each landscape planter located at the end of the parking tiers. Trees in the
parking lot shall be required to meet the 30% shading requirement of BMC Section
17.61.030 M. (ZC P01-0383)
26.2
Developer shall replace at least half of the existing crape myrtle trees in Phase i of the
shopping center with another tree species to provide for improved shading. The tree
species selected to replace the crape myrtle trees shall be approved by the City's Urban
Forester. The landscape plan shall identify the location of the trees to be replaced. The
minimum size tree shall be 24-inch box.
S:bZoneChangetzG83~cciExA-cc-ord. wpd
August 15, 2001
Exhibit "A"
ZC P01-0383
Page 4
26.3
Conditions
In addition, developer shall install five new trees in the existing landscape area along the
Stockdale Highway frontage between Krispy Kreme and In and Out Burger. At least two
of the five trees shall be a minimum size of 24-inch box. All five trees shall be evergreen.
(ZC P01-0363)
26.4
Developer shall install berming in the landscape strip along Stockdale Highway between
In N Out Burger and Krispy Kreme. The intended effect of the berming is for shielding
and a "humpty-dumpty" effect.
Pofice power to promote the pubfic welfare by replacing trees lost as a result of the proposed
project.
27.
Prior to issuance of a building permit for the gas fueling facility, the Developer shall submit a
lighting plan for the gas fueling station to demonstrate that lighting from the project is shielded
from surrounding property and lighting is directed onto the project site. The lighting plan shall be
approved by the Planning Commission and may be combined with the landscape plan.
SITE PLAN REVIEW
28
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 ff you have questions.
A. DEVELOPMENT SERVICES - BUILDING (staff contact- Phil Burns 661/326-3718)
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.
2. Show on the final site plan how and where water will be drained from the property.
The applicant shall include fire resistive wall construction details with the final building
plans for all exterior walls of any building that are within 20' of property lines if it is
commercial, or 5' of property lines if it is residential.
Include with the final site plan documentation, or show changes on the final plan that the
project complies with all disability requirements of Title 24 of the State Building Code.
The applicant shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for
any food handling facility, (ie. market, delicatessen, caf6, concession, restaurant) before
building permits can be issued.
6. Structures exceeding 10,000 square feet in area shall require installation of an automatic
fire
spnnK~er system.
S..[ZoneChange[z383~clExA-cc-ord. wpd
August 15, 2001
Exhibit "A"
ZC P01-0383 Conditions
Page 5
7. 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).
8. The Building Division will calculate and collect the appropriate school district impact fee
at the time they issue a building permit.
DEVELOPMENT SERVICES - PLANNING (staff contact - Wayne Lawson 661/326-3245)
1. The minimum parking required for this project has been computed based on use and
shall be as follows (includes Krispy Kreme):
PHASE BUILDING SIZE RATIO SPACES
(SQUARE FEET) REQUIRED
Main Building 60,510 · 1 space/200 sf 175
I (Ralphs/shops) (for first 35,000 sf)
1 space/250 sf 102
(for 25,510 sf)
1,733 1/250 sf (sf 7
approved w/FDP)
Restaurant with bar 8,000 1/50 sf 160
(Mexicalli)
Restaurant - fast food 4,000 1/75 sf 53
with drive thru credit 1 window 2/window -2
(Krispy Kreme)
II Building 2A - Retail 31,502 1/250 sf 126
Building 2B - Retail 25,000 1/250 sf 100
Building 2C - 3,160 1/75 sf 42
Fast Food
(In and Out Burger)
Outdoor seating 10 seats 1 / 2 seats 5
Drive-thru credit 2 windows 2/window -4
Building Pad 2D - 4,000 1/250 sf 16
Multi-tenant with
outdoor seating 32 seats 1 /2 seats 16
Building 2E - Retail 10,000 1/250 sf 40
10-Station gas fueling 10 pumps 1/pump 10
facility (ZC P010383)
TOTAL (Minimum required by ordinance) 846
PARKING PROVIDED (As shown on site plan./ 976
S:~ZoneChange~3831cclExA-cc-ord. wpd
August15,2001
Exhibit "A"
ZC P01-0383 Conditions
Page 6
The applicant shall submit one (1) copy of the final landscape plan to the Planning
Division, and include a copy of this plan with each set of the final building plans. Building
permits will not be issued until the Planning Division has approved the final landscape
plan for consistency with approved site plans and minimum ordinance standards (please
refer to the attached standards - Chapter 17.61 ).
Approved landscaping, parking, lighting, and other related site improvements shall be
installed and inspected by the Planning Division before final occupancy of any building or
site. Please schedule final inspections with the staff contact noted above.
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.
Our records show your project is contained on more than one parcel. You must either
merge these parcels into one parcel or provide documentation that required
improvements for this project, such as offsite parking or access, is available for the actual
lifetime of this project (ie. recorded lease or other instrument). Evidence of a legal lot
merger may include one of the following:
Provide a copy of a grant deed recorded before March 4, 1972 where the legal
description identifies all associated parcels as one lot. (Note: Assessor's parcel
information is not acceptable since the Assessor does verify legality of lots.)
Provide a copy of a recorded parcel map, subdivision map, or certificate of
compliance showing the property as one lot.
Habitat Conservation fees shall be required for this project and will be calculated based
on the fee in effect at the time we issue an urban development permit (includes grading
plan approvals) as defined in the Implementation/Management Agreement (Section 2.21)
for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the fee,
the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield
Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). This
fee is currently $1,240 per gross acre, payable to the City of Bakersfield (submit to the
Planning Division).
The applicant shall file with the Planning Division a copy of a recorded map 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.
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.
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August 15, 2001
O~41OlNAI.
Exhibit "A"
ZC P01-0383
Page 7
Conditions
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 allowed in commercial and industrial zones. A building permit is only required for
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.
11.
Outside work, storage, sales and display of merchandise and materials is prohibited. All
activities (except outdoor seating for restaurants), and all storage of merchandise and
materials shall be conducted and/or contained within an enclosed building.
C. FIRE DEPARTMENT (staff contact - Dave Weirather 6611326-3706)
1. Show on the final site plan:
Maintain a minimum 20 foot wide fire lane between the north side of Building 2B
(Border's Books) and the sump. All fire lanes may be modified by the Fire
Department. 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.
Both offsite (nearest to site) and on-site fire hydrants with required fire flows.
New fire hydrants shall be sited and installed in accordance with the latest
adopted version of the California Fire Code. Hydrants must be in working order
to assure that adequate fire protection is available during construction unless
other arrangements for such protection are approved by the Fire Department.
Please provide 2 sets of the engineered water plans to Dave Weirather. (Note:
All new fire hydrants must be purchased from the Fire Department.)
If the project has fire sprinkler or stand pipe systems. The Fire Department will
issue guidelines for connection locations (FDC) when automatic sprinkler and
stand pipe systems are required.
Project address, including suite number if applicable. If the project is within a
shopping or business center, note the name and address of the center.
e. Name and phone number of the appropriate contact person.
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; Ph. 661/326-3951 ) must complete all on-site inspections of
fire sprinkler systems and fire alarm systems before any building is occupied.
S.'[ZoneChange~z383~ctExA-cc-ord. wpd
August 15, 2001
Exhibit
ZC P01-0383
Page 8
Conditions
The applicant shall show on the final plan and install a 20' wide all-weather emergency
access as indicated by staff on the returned site plan. The Fire Department must
approve the final location and design of this access prior to building permits being
issued.
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
water ponding. Barricades must be in place where ditches and barriers exist in or cross
roadways. Emergency vehicle access must always be reliable.
If you handle hazardous materials or hazardous waste on the site, the Environmental
Services Division may require a hazardous material management plan before you can
begin operations. Please contact them at 661/326-3979 for further information.
If you treat hazardous waste on the site, the Environmental Services Division may
require a hazardous waste "Tiered" permit before you can begin operations. Please
contact them at 661/326-3979 for further information.
7
If you store hazardous materials on the site in either an underground or a permanent
aboveground storage tank, a permit from the Environmental Services Division is required
to install and operate these tanks. The Environmental Services Division may also require
a Spill Prevention Control and Countermeasure Plan before you can begin operations.
Please contact them at 661/326-3979 for further information.
D. PUBLIC WORKS - ENGINEERING (staff contact-Janice Horcasitas 661/326-3576)
The applicant shall install new connection(s) to the public sewer system. This connection
shall be shown on the final site plan submitted to the Building Division before any
building permit will be issued.
All driveways, vehicular access and parking areas shall be paved with a minimum of 2"
Type B, A.C. over 3" Class II A.B. according to the Bakersfield Municipal Code (Sections
15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer. This paving
standard shall be noted on the final site plan submitted to the Building Division before
any building permit will be issued.
If a grading plan is required by the Building Division, a building permit will not be issued
until the grading plan is approved by both the Public Works Department and Building
Division.
If the project generates industrial waste, it shall be subject to the requirements of the
Industrial Waste Ordinance. You must obtain an industrial waste permit from the Public
Works Department before issuance of the building permit. To find out what type of waste
is considered industrial, please contact the waste water treatment superintendent at
661/326-3249.
S:tZoneChangetz383k:c~cA-cc-ord. wpd
August 15, 2001
Exhibit "A"
ZC P01-0383 Conditions
Page 9
Before you can occupy any building or site, you must reconstruct or repair substandard
off-site improvements 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.
You must obtain a street permit from the Public Works Depadment 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.
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.
If the project is subject to the provisions of the National Pollutant Discharge Elimination
System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General
Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No.
92-08-DWQ) must be filed with the State Water Resources Control Board in Sacramento
before the beginning of any construction activity. Compliance with the general permit
requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared,
continuously carried out, and always be available for public inspection during normal
construction hours.
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 permit is issued. The
rate for each vehicular trip varies according to project type and size. Because of the
mixed-use nature of this project, the vehicular trip rate wilt vary for each use.
The Public Works Department will calculate an estimate of the total fee when you submit
construction plans for the project.
10.
The developer shall, a~ong the entire frontage of the development within Stockdale
Highway, either construct a landscaped median island or pay $30 per linear foot to the
city for construction the median island (¼-width).
11.
The developer shall form a maintenance district for maintaining the landscaped median
island within Stockdale Highway along the entire frontage of the development.
E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997)
Street return type approach(es), if used, shall have 30' minimum radius returns with a 24
foot throat width.
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 widths shall be shown on the final plan.
S:tZoneChange~z383icctExA -cc-ord. wpd
August 15, 2001
Exhibit "A"
ZC P01-0383 Conditions
Page 10
3. Show the typical parking stall dimensions on the final plan. Minimum parking stall
dimensions shall be 9' wide x 18' long. Vehicles may hang over landscape areas no
more than 2¼ feet provided required setbacks along street frontages are maintained,
and trees and shrubs are protected from vehicles as required by the Planning Division.
4. Provide a traffic signal modification plan for the Village Lane signal.
5. No left turn median opening shall be permitted on California Avenue.
Provide a 150' minimum turn lane storage with a 90' bay taper for each driveway on
Stockdale Highway with 150' minimum storage for a right turn lane at California Avenue.
Consult with the Traffic Engineer regarding a truck routing on-site and truck routing on
public streets.
Comply with mitigation measures contained in the traffic study on file with the Traffic
Engineer.
F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114)
Before building permits can be issued or work begins on the property, you must contact
the staff person noted 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. These levels of service are based on how often collection occurs
as follows:
· Can or cart service --
· Front loader bin service --
· Rolloff compactor service --
1 cubic yard/week or less
I cubic yard/week - 12 cubic yards/day
More than 12 cubic yards/day
S:[ZoneChangelz383~c~xA-cc-ord. wpd
August 15, 2001
EXHIBIT B
Page 1 of 4
SEE OTHER SHEET FOR
GAS FUELING STATION
(PCD ZC P01-0383)
C-0
EXHIBIT B
Pa~e 2 of 4
BUSINESS
CENTER DRIVE
GAS FUELING STATION
(PCD ZC P01-03831
S T 0 C K D A L [ HIGHWAY
h ?-
EXHIBIT B
Page 3 of 4
EXHIBIT B
Page 4 of 4
WEt~T
EXTERIOR ELEVATIONS
1/8"
SKARPHOL
ASSOCIATBS
SHOPPING
CENTER
FP'P
C'O
C-2
¢-2
CItY OF BAKERSFIELD
ZONING MAP 102-34
SEC 34 T 29s R ~7~.
LEGEND
EXHIBIT "D"
LEGAL DESCRIPTION
PCD ZC P01-0383
THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 29 SOUTH, RANGE
27 EAST, M.D.B.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA
MORE PARTICULARLY DESCRIBED AS:
PARCELS 1, 2 AND 3 OF PARCEL MAP No. 10748 PER MAP RECORDED APRIL 27, 2001 AS
DOCUMENT No. 201-057812, FILED IN BOOK 51 OF PARCEL MAPS AT PAGE 158 IN THE OFFICE OF
THE KERN COUNTY RECORDER.
CONTAINS 4.50 ACRES MORE OR LESS
TOGETHER WITH;
PARCELS B AND C OF LOT LINE ADJUSTMENT No. P00-0256 PER CERTIFICATE OF COMPLIANCE
RECORDED JUNE 27, 2000 AS DOCUMENT No. 0200077240 OF OFFICIAL RECORDS.
CONTAINS 3.04 ACRES MORE OR LESS
ALSO TOGETHER WITH;
PARCELS 1, 2, 3 AND 4 INCLUSIVE, OF LOT LINE ADJUSTMENT No. 377 PER CERTIFICATE OF
COMPLIANCE RECORDED FEBRUARY 7, 2000 AS DOCUMENT No. 020014631 OF OFFICIAL
RECORDS.
CONTAINS 9.21 ACRES MORE OR LESS
Oi,JOIdAt.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly swom, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 20th day of September , 2001 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4029 , passed by
the Bakersfield City Council at a meeting held on the 19th day of September 2001
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17.06.020 (ZONE MAP NO. 102-34) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A
PLANNED COMMERCIAL DEVELOPMENT (PCD) ZONE TO A REVISED
PLANNED COMMERCIAL DEVELOPMENT (PCD) ZONE ON 16.75 ACRES
LOCATED ON THE NORTH SIDE OF STOCKDALE HIGHWAY, EAST OF
CALIFORNIA AVENUE TO ALLOW INSTALLATION OF A GAS FUELING
STATION. (P01-0363)
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
D~:'PUTY~City Cle~
S:\Docum ent\FORMS~AOP.ORD.wpd
September 20, 2001