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Home My WebLink AboutORD NO 3131ORDINANCE NO. 3131 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED AT 2660 OSWELL STREET, SOUTH OF STATE HIGHWAY 178 AND NORTH OF BERNARD STREET FROM AN R-4-D (MULTIPLE FAMILY DWELLING-ARCHITECTURAL DESIGN) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE. 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 by GRACECO to change the land use zoning of that cer- tain property in the City of Bakersfield located at 2660 Oswell Street, south of State Highway 178 and north of Bernard Street, from an R-4-D (Multiple Family Dwelling-Architectural Design) Zone to a P.C.D. (Planned Commercial Development) Zone; and WHEREAS, the Planning Commission, as a result of said hearing, recommended denial of a change of zoning of the subject property from an R-4-D (Multiple Family Dwelling-Architectural Design) Zone to a P.C.D. (Planned Commercial Development) Zone; and WHEREAS, in accordance with Section 17.64.130, GRACECO filed a timely appeal from the action of the Planning Commission, and legal notice of the appeal hearing was given, and such hear- ing was held December 9, 1987, before this Council; and WHEREAS, upon review of an environmental assessment pre- pared for the project, there appears to be no substantial detri- mental environmental impact which could result from the proposed project; and WHEREAS, the City Council has determined after due consideration of said appeal and the recommendations of the Planning Commission on file, together with the reasons advanced at the hearing for a change of zoning of said property, and revi- sions to the project which address the access issue, a primary concern of the Planning Commission, that a zoning change should be adopted; and WHEREAS, the City Council has determined and found that the proposed zoning is consistent with the General Plan of the City of Bakersfield. 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 Council ~ereby adopts a Negative Declaration pursuant to CEQA for this project. 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 certain properties in said City, the boundaries of which property are shown on the map hereto attached and made a part hereof, as follows: FROM AN R-4-D (MULTIPLE FAMILY DWELLING-ARCHI- TECTURAL DESIGN) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE: South half of the north half of the northeast quarter of the southeast quarter of the north- east quarter of Section 22, Township 29 south, Range 28 east, M.D.B.&M. Such zone change is hereby expressly made subject to following conditions: The developer will obtain access rights to the East Hills Mall private access road. All public access to Oswell Street shall be severed. All non-emergency public traffic movement onto the site shall be restricted to the East Hills Mall private road. To mitigate traffic concerns on Oswell Street the installation of a signal at the intersection of Oswell and the East Hills Mall private road and access from the pro- ject site to the private road is required. The signal will allow full turn movements and will be coordinated with all traffic signals on Oswell Street. The developer shall post security acceptable to the City for 50% of the cost of the signal (approximately $50,000). The cost of median modification, relocation of the East Hills Mall drive approach, connection to the mall road, and the construction of a right turn lane into the mall will be paid for by the East Hills Mall. the o Fire lane on south side of Building "B" shall be posted as Fire Lane with no loading or parking allowed, and shall have appropri- ated signage and pavement markings. Upon final grading of the commercial pro- perty, a 6-foot (six) high continuous masonry wall shall be constructed on the southwest and western edges of the property (adjacent to condominiums and a church). Watering techniques will be utilized during all grading to reduce noise and dust prob- lems associated with the proposed retail development. No building permit for commer- cial property (except for masonry wall) shall be issued until said masonry wall is completed. All air conditioning units, blowers, etc., on commercial property shall be arranged and designed to shield noise and view from all adjacent streets and residential structures. All lights (indoor and outdoor) along the south and west property lines visible from residential property shall be limited in mounting to a maximum height of 8 (eight) foot from the ground level and shall be shielded from adjacent residential uses. Refuse containers shall not be placed within 24 feet of residential property and shall be shielded from view. A comprehensive sign plan compatible with the surrounding neighborhood shall be approved by the Planning Commission prior to issuance of a building permit. Tenant uses shall be limited to those uses listed in Exhibit "A" and made a part of this ordinance hereto. - 3 - ORDINANCE REQUIREMENTS: The applicant shall comply with the following conditions required pursuant to adopted City regulations, ordinances, policies and standards: Subject to approval of GPA 3-87, Segment IV, the project site shall be subject to an approved P.C.D. (Planned Commercial Development) Zone. 2. Applicant shall comply with all Site Plan Review conditions. Prior to issuance of a building permit, a drainage area fee of $1,300 per acre shall be paid (2.3 gross acres x $1,300 = $2,990). 4. The following conditions shall be shown on all plans submit- ted for site plan review: Show typical parking stall dimensions (8-1/2' x 20' stan-- dard, 7-1/2 x 15' compact) and show which spaces, if any~. are compact. Show typical handicap parking space with dimensions of 9' x 20' unloading zone on either zone on either side of the space. Two handicap spaces may share a common unloading zone between them. Handicap spaces shall be located so that no disabled person is forced to travel behind a vehicle other than their own. Show that 42' wide (top-to-top) minimum drive aisle width requirements will be provided on access road to East Hills Mall entrance. Include a preliminary report indicating provision for storm drainage, sewage disposal and public utilities including cable and electrical lines and location of street lights. Show solid waste receptacle(s) location and type pro- posed. Within 18 (eighteen) months of effective date of establish- ment of P.C.D. zone and preliminary plan, a final development: plan shall be submitted for approval. School district fees shall be assessed at the time of build- ing permit issuance at the rate of $0.25 per square foot of commercial building. - 4 - SECTION 2. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on January 6, 1988 , by the following vote: AYES: COUNCILMEMBERS CklLD$. De?~IONO, Shitlit, RAT~'¥ PLTERSON, McOERMOfT, SALVACG;O NO[:S: CO UNCt[ ~.~'Z]~~ Nonp ABSENT: C 0 U ~: '].M_~ ~,L.~S~ Nonp A~STAINING COl N ...... CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED January 6, 1988 MAYOR of the City/of Bakersfield APPROVED as to form: City offer AJS/p j t/meg O ORD 5 ZC.GRACEt 12/21/87 PERI'ilTTED USES- ZONE CHANGE q645 EAST HILLS PRO;!EK&DE OSWELL AND 17,5 1. APPAREL STORES 2. ART AND ANTIOUE 3. BAttERIES 4. BANKS 5. BARBER AND BEAUTY SHOPS 6. BICYCLE ,SHOPS ?. BOOK STORES B. CANDY STORES 9. CARPET ,SHOPS 10. DELICATESSEN STORES , ..I t .. DEPARTIdENT. tSTORES 12. DRUG STORES 1,5. DRY CLEANIN{3 14. DRY COODS 15. FAST FOOD RESTAURANTS 16. FLORAL SHOPS 17. FOOD STORES 18. FURNITURE STORES 19.61FT 5HOPS 20. HARDWARE STORES 21. HOBBY SHOPS 22. HOUSEHOLD APPLIANCE STORES 2,5. ICE CR~Id/YOU~ERT SHOPS 2-f. INTERIOR DECOP, ATI F,",;: SHOPS 25. JEWERY STORES 26. LUGCWSE STORES 27. IdUSIO/VIDEO STORES 28. OFFICES-BUSINESS/PROFESSIONAL 29. OFFICE/BUSINESS lilACNINE STORES 30. OPTO,"IETRISTS SHOPS '51. PAINT/WALLPAPER STORES ,52. PET STORES ~S. PHOTOGRAPHIC SHOPS 34. PRINTIN~ SHOPS 55. RADIO/TELEVISION STORES ,56. RESTAUPJ~NTS ,57. RETAIL AUTO PARTS/TBA 58. SHOE STORES 59. SPORTINO 600DS .10. STAIdP/OOIN STORES q 1, STATIONERY STORES ,4,2. TAILOR 5HOPS 45, TOBACCO SHOPS 44. TOY STORES 45. BWlididlN6 POOL SUPPLIES STORES 46. YARIETY STORES OTHER USES IdAY BE PERTl!TTEO BY CONDITIOnaL USE PERtlIT IN ACCORDANCE WITH THE PROCEDURES PROVIDED FOR IN CHAPTER 17.6.1 AND 17.66 OF TITLE 17 OF THE IdUNICIPAE'CODE. EXHIBIT A Highiond Assembly of Go~ AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) County of Kern) $s. correct copy of the following: , No. 3131 , passed by on January 6, 19 88 CAROL WILLIAMS, 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 January 8, , 19 88 , she posted on the Bulletin Board at City Hall, a full, true and Ordinance The Bakersfield City Council at a meeting held and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED AT 2660 OSWELL STREET, SOUTH OF STATE HIGHWAY 178 AND NORTH OF BERNARD STREET FROM AN R-4-D (MULTIPLE FAMILY DWELLING ARCHITECTURAL DESIGN) ZONE TO A P.C.D. ~PLANNED COMMERCIAL DEVELOPMENT) ZONE. CAROL WILLIAMS CITY CLERK of the City o~ Bakersfield By: \ ; ~_~/~. '~ DEPU~ City Cl~rk AOPNS