HomeMy WebLinkAboutORD NO 3881ORDINANCE NO. ~ 8 ~ 1
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
122-02 BY CHANGING THE ZONING OF 5 ACRES
GENERALLY LOCATED ON THE SOUTHWEST CORNER OF
STOCKDALE HIGHWAY AND SOUTH ALLEN ROAD FROM A
PCD (PLANNED COMMERCIAL DEVELOPMENT) TO A
REVISED PCD (PLANNED COMMERCIAL DEVELOPMENT).
(#P98-0746)
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 southwest corner of Stockdale Highway and South Allen
Road, as shown on attached Exhibit "B"; and
WHEREAS, by Resolution No.129-98 on November 19, 1998 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve a revised PCD (Planned Commercial Development) zone as
delineated on attached Zoning Map No. 122-02 marked Exhibit "C", 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 PCD (Planned
Commercial Development) to a revised PCD (Planned Commercial Development) to allow a
Sonic Burger Restaurant on Building Pad B, 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 October 23,
1998, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development; and
WHEREAS, an appeal of Condition No. 12 was filed by Cornerstone
Engineering, applicant, as prescribed in Title 17 of the Bakersfield Municipal Code; and
WHEREAS, a separate appeal of Condition No.12 was filed by the Public Works
Director as prescribed in Title 17 of the Bakersfield Municipal Code; and
WHEREAS, testimony for and against was given; 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 Ranch Specific Plan.
5. The 5 acres of the project site to be zoned PCD (Planned Commercial
Development) is subject to the site plan and conditions of approval for revised PCD Zone
Change P98-0746.
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 5 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 "A," is adequate in size and configuration to provide a commercial environment
of sustained desirability and stability.
10. The Council desires to modify the approval of the Planning Commission
regarding the issue of right turn deceleration lanes along Stockdale Highway.
11. Condition No. 12 shall be restated to be as follows:
Prior to issuance of a building permit, the applicant/developer shall execute an
irrevocable offer of dedication for additional right of way along Stockdale
Highway for right turn lanes. Developer shall construct the median and
channelization in the drive aisle located west of the Sonic restaurant (Building B),
as shown on attached Exhibit "G.'
SECTION 1.
as follows:
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
true and correct.
All of the foregoing recitals, incorporated herein, are hereby found to be
2. 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. 122-02
2
marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "D"
4. The revised PCD (Planned Commercial Development) consists of a
change to Building Pad B, to allow a change in the building orientation and architecture of
Building B, and parking and drive aisles around Building Pad B for a 1,383 square feet Sonic
Burger restaurant, as shown on attached Exhibits I'E" and "F."
5. The appeal by staff is denied, and the appeal by Cornerstone Engineering
is upheld, as shown in amended Condition No. 12 in attached Exhibit "A."
6. In accordance with Condition No. 12, the applicant/developer shall
execute an irrevocable offer of dedication for right of way for right turn deceleration lanes and
construct the median and channelization in the drive aisle west of Building B (Sonic restaurant)
as shown on attached Exhibit "G."
7. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "A."
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 passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on FEB 10 199 , by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BEMeNB, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER De-/14. ond..
COUNCILMEMBER
.
CITY CLERK and Ex Officio Cler~e
Council of the City of Bakersfield
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as:to form:
CARL HERNANDEZ
ASSISTANT CITY ATTORNEY
Jeng
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July 8, 1998
EXHIBIT "A"
PCD ZONE CHANGE P98-0746
CONDITIONS OF APPROVAL
SECTION h CONDITIONS OF APPROVAL:
PLANNING
For Main Building A: Uses Permitted. The following uses are permitted in Main Building A of this
PCD zone development:
1.1.
1.2.
Any use permitted in the C-1 zone, in accordance with Chapter 17.22 of the Bakersfield
Municipal Code; except all restaurants or related eating places shall be subject to a
conditional use permit.
Uses subject to conditional use permit, as shown in Chapter 17.22 of the Bakersfield
Municipal Code, including all restaurants and related eating places, may be permitted in
accordance with the procedures provided for in Bakersfield Municipal Code Chapter
17.64.
For Building B (freestanding pad): Uses Permitted. The following uses are permitted in Building
B of this PCD zone development:
2.1.
2.2.
Any use permitted in the C-2 zone, in accordance with Chapter 17.24 of the Bakersfield
Municipal Code.
Uses subject to conditional use permit, as shown in Chapter 17.24 of the Bakersfield
Municipal Code, may be permitted in accordance with the procedures provided for in
Bakersfield Municipal Code Chapter 17.64.
Hours of operation in Main Building A shall be from 6 a.m. to 10 p.m., seven days a week.
Deliveries behind Building A shall be from 7 a.m. to 6 p.m. only.
Signage shall be consistent with criteria in comprehensive sign plan approved by the Planning
Commission on April 21, 1994, or subsequent amendments as approved by the Planning
Commission. A separate application and fee is required for amendments to the comprehensive
sign plan.
5. All buildings on site shall be limited to single-story structures.
Main Building A shall have an average setback of 35 feet from the residential property line
located to the south of project site. The building setback from residential property adjacent on the
west shall be a minimum of 43 feet.
An 8 foot high masonry wall has been constructed along the south and west perimeter of the site.
A 10 foot wide landscaping strip along the south boundary and an 8 foot wide landscape area is
along the west boundary with evergreen trees spaced 30 feet on center to result in a minimum
12-foot high screen at tree maturity. Plant species shall be as approved with the landscape plan
of Zone Change 5176. Maintenance of the development's landscaping shall be the responsibility
of the property owner(s). Existing trees that are dead or diseased shall be replaced prior to
issuance of any building permit.
P:tZ~746tzc746exa-CC.wpd
February 2. 1999
Exhibit "A"
PCD ZC P98-0746
Page 2
A minimum 20 foot wide landscape area shall be provided along Stockdale Highway. Trees shall
be provided at a rate of 1 tree per 25 feet of linear frontage. Prior to development, developer
shall submit a landscape plan for Planning Commission approval.
All trash bins shall be enclosed and shall not be located within 30 feet of the south and west
property lines of the project site. Design of the enclosures shall be submitted to the Solid Waste
and Planning Departments for review and approval prior to installation.
10.
Developer shall clear the weeds and apply dust binder on the undeveloped portions of the site.
This area shall be maintained with dust binder until the area is covered with development
associated with this zone change approval. This condition is effective upon approval of this zone
change (P98-0746), and must be satisfied pdor to issuance of a building permit. Developer of
Building Pad B and the shopping center developer shall enter into an agreement to satisfy this
condition.
11.
If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the
archeologist. (mitigation)
PUBLIC WORKS
12.
Prior to issuance of a building permit, the applicant/developer shall execute an irrevocable offer of
dedication for additional right of way along Stockdale Highway for right turn lanes. Developer
shall construct the median and channelization in the drive aisle located west of the Sonic
restaurant (Building B), as shown on attached Exhibit "G".
13.
No left turn access will be allowed from the project site onto Stockdale Highway traveling
westbound. No left turn access will be allowed from westbound Stockdale Highway into the
project site. All left turn activity shall be limited to the traffic signal at Stockdale Highway and
South Allen Road.
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, a/err 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.
PAZ~746~zc 746exa-CC. wpd
February 2, 1999
Bm
Exhibit "A"
PCD ZC P98-0746
Page 3
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.
The applicant shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 805/862-8700) for any
food handling facility, (ie. market, delicatessen, cafe, concession, restaurant) before
building permits can be issued.
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 approved
Comprehensive Sign Plan, or as amended by the Planning Commission.
The Building Division will assess school distdct fees at the time they issue a building
permit.
Structures exceeding 10,000 square feet in area shall be constructed with an automatic
fire sprinkler system throughout.
DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 8051326-3673)
Parking for the shopping center shall be a minimum of 219 parking spaces, which has
been computed based on use as follows:
Square Parking
Use Footage Ratio Required
Building A
(Total of 42,086 sq. ft.)
35,000 sq. ft.
7,086 sq. ft.
1 space / 200 sq. ft.
1 space / 250 sq. ft.
=175 Spaces
= 28 Spaces
Building B: Fast Food
Restaurant with
drive-through
1,383 sq. ft. 1 space/75 sq. ft. =16' Net
Spaces
Total Parking Spaces = 219 Spaces
* Two spaces for drive-through have been credited: (18 -2 = 16 spaces net.)
Notes: 37 parking spaces are shown on the proposed site plan for Sonic Burger.
Additional spaces for outside patio eating areas are required at a rate of one additional
parking space for each two seats provided in outdoor eating areas.)
P:~Z~746~zc 746exa- CC. wpd
February 2, 1999
Exhibit "A"
PCD ZC P98-0746
Page 4
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. Except as required in Section I, Condition No. 6 and 7, all
landscaping shall be consistent with minimum ordinance standards (please refer to the
standards - Chapter 17.61). Plant species shall be as shown on the landscape plan
approved for Zone Change 5176.
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.
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.
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
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 shared in common with
adjoining properties.
Roo~op 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.
Provide one off-street freight loading space, Minimum standards are 25 foot length, 10
foot width with 12 foot vertical clearance.
The address assigned to the Sonic Burger restaurant is 13015 Stockdale Highway. The
address for the entire center (Building A) remains as 13001 Stockdale Highway.
FIRE DEPARTMENT (staff contact - Greg Yates 8051326-3939)
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.
P:~746~zc 746exa- CC. wpd
February 2, 1999
Exhibit "A"
PCD ZC P98-0746
Page 5
To provide adequate fire protection during construction, the applicant shall install one fire
hydrant located on the on the northwest corner of the site plan for the Sonic Burger
restaurant (location also described as the westerly driveway entrance from Stockdale
Highway); or provide an alternative fire suppression program as approved by the Fire
Department before final site plan approval. At final development plan for the remaining
portion of Building A, additional fire hydrants shall be required. Number and location of
such hydrants shall be determined with the final development plan. 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.
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.
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.
If you handle hazardous materials or hazardous waste on the site, the Environmental
Services Division of the Fire Department may require a hazardous material management
plan before you can begin operations. Please contact them at 805/326-3979 for further
information.
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 of the Fire
Department 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 805~326-3979 for further information.
8. Post all fire lanes as determined by the Fire Department.
PUBLIC WORKS - ENGINEERING (staff contact - Harry Afshar 805~326-3576)
1. Show on the final plan all existing connection(s) to the public sewer system.
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 (Section
15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer.
Prior to occupancy of 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 805/326-3049 to find out what improvements will be
required.
P.'L?~746~zc746exa-CC. wpd
February 2, 1999
Exhibit "A"
PCD ZC P98-0746
Page 6
Obtain a street permit prior to any work within public rights-of-way (streets, alleys,
easements). Submit a copy of the approved final development plan to the Public Works
Department at the time of permit application. Engineered improvement plans are to be
submitted to and approved by City Engineer prior to issuance of the street 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. In addition the sewer
fee for Buena Vista Phase I, II, sewer trunk and Stockdale trunk sewer fee.
6. The applicant shall pay median island fee for Allen Road ($30 per linear foot).
A transportation impact fee for regional facilities shall be paid at the time a building permit
is issued. This fee will be based at the rate in effect at the time the permit is issued. Based
on the fee schedule in effect at the time the permit is issued.
Maintenance of the on-site sewer system shall be the responsibility of the property
owner(s).
This site is within Assessment District 87-1, and all assessments shall be the
responsibility of the property owner.
PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 8051326-3997)
Street return type approach(es), if used, shall have 20' minimum radius returns with a 30"
throat width.
Southmost aisle shown on the Sonic Burger site plan may be 14.6 feet minimum as
shown on plan. The drive-through aisle shall be reduced in width from 12 feet to 11 feet.
Parallel parking spaces shall be at least 9 feet by 22 feet, except end spaces allowing
direct entrance/exit which shall be at least 9 feet by 18 feet.
PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 805/326-3114)
Show on the final plan for Sonic Burger, one, 6' x 8' refuse bin location. Before occupancy
of the building or site is allowed, one, 3 cubic yard front loading type refuse bin shall be
constructed on the site according to the adopted city standards (Detail #S-43), for
expanded shop areas. Rotate enclosure area to face a northern direction. Other refuse
bin locations and design shall be determined at final development plan for construction of
the future portion of Building A. See Section I, Condition No. 7 where location of enclosed
bin shall be at least 30 feet from the south and west property lines.
o
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.
P:~746~c746exa-CC,wpd
February 2, 1999
Exhibit "A"
PCD ZC P98-0746
Page 7
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
I cubic yard/week or less
I cubic yard/week- 12 cubic
yards/day
More than 12 cubic yards/day
P: LT,~ 746 ~zc 746exa - C C. wpd
February 2. ~999
EXHIBIT "B"
ZONE CHANG
P98-0746
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EXHIBIT C
CITY OF BAKERSFIELD
ZONING MAP 127.-02
SEC 02 T 30S R 26E
LEGEND
EXHIBIT "D"
PCD ZONE CHANGE P98-0746
LEGAL DESCRIPTION
Being in a portion of the northeast quarter of Section 2, Township 30 south, Range 26 East,
Mount Diablo Base and Meridian, located in the incorporated City of Bakersfield, County of
Kern, State of California, more particulary described as follows:
Being all of Parcel "B" of Parcel Map 9105 as recorded in Book 40 of parcel maps on
Pages 8 and 9 in the Kern County Recorder's Office.
Contains 5.00 acres.
P:~746V_EGALDESC, wpd
January 20, 1999
S FOCKDALE HIGHWAY
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SITE LEGEND:
EXHIBIT F
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CORNERSTONE
ENGINEERING
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EXHIBIT G
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 11th day of February ,1999 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3881 , passed by the
Bakersfield City Council at a meeting held on the 10thday of February 1999 , and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO. 122-02 BY CHANGING THE
ZONE ON 5 ACRES GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF STOCKDALE HIGHWAY AND SOUTH ALLEN ROAD FROM
A PLANNED COMMERCIAL DEVELOPMENT ZONE TO A REVISED
PLANNED COMMERCIAL DEVELOPMENT ZONE TO ALLOW A "SONIC
BURGER" RESTAURANT. (ZC# P98-0746)
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
S:\DOCUMENT~AOPOSTING
February 11, 1999