HomeMy WebLinkAboutORD NO 3134ORDINANCE NO. 3134 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 COMMONLY KNOWN AS
5101 MING AVENUE FROM A P.C.D. (PLANNED
COMMERCIAL DEVELOPMENT) ZONE TO A REVISED
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 has held a public hearing on
a petition to change the land use zoning of that certain property
in the City of Bakersfield hereinafter described; and
WHEREAS, this ordinance amends the P.C.D. zoning to allow
the removal of the restriction on general office square footage;
and
WHEREAS, the City Council has determined after due
consideration of said application consisting of a Preliminary
Development Plan indicating the matters required by Section
17.54.030 of the Municipal Code, together with a plot plan, map
and a statement pertaining to allowable uses and conformance to
the General Plan, and all other matters as required by law, and
after having considered the recommendations of the Planning
Commission, together with the reasons advanced at the hearing for
a change of zoning of the hereinafter-described property, that a
zoning change should be authorized; and
WHEREAS, the City Council has considered and hereby
makes the following findings:
That the public necessity, convenience, general welfare
and good zoning practice justify the change of zone from
a P.C.D. (Planned Commercial Development) Zone to a
Revised P.C.D. (Planned Commercial Development) Zone;
2. That the applicant, RALPH WEGIS, has constructed the
project;
3. That the commercial development substantially conforms
to the General Plan;
4. That a Negative Declaration was duly filed and posted.
That the commercial and professional development is in
with the character of the surrounding neighborhood and
community;
That this type of development is needed at this location
to provide adequate commercial facilities of this type;
that traffic congestion is not created by the develop-
ment, or will be alleviated by projected improvements and
by provisions for proper entrances and exits, and by
internal traffic and parking;
That the development constitutes a harmonious,
plan and justifies exceptions from the normal
of the Bakersfield Municipal Code;
integrated
application
That the area proposed for rezoning to a P.C.D. Zone is
in excess of one (1) acre as required by Section
17.54.110 of the Bakersfield Municipal Code;
That the requested change to the plan recommended by the
Planning Commission is appropriate to this development
and should be adopted and imposed thereon;
10.
That the developer, in lieu of having a specific restric--
tion on office square footage, will maintain a use and
parking summary for the center that will be updated by
the developer upon the change of use of any tenant. The
Planning Department will be provided an updated copy of
the summary each time the developer updates it. The
developer will limit uses in the center according to the
amount of parking available and at no time will allow the
parking requirement to exceed the 160 spaces provided
within the center. The parking restriction on restaurant
will remain in effect.
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. An environmental assessment was made of the project,
and a Negative Declaration was adopted by the Planning Commission
after a public hearing thereon, and this Council hereby approves
and adopts a Negative Declaration pursuant to CEQA for this pro-
ject.
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3. The Preliminary Development Plan with its amended
regulation is incorporated into this Zoning Ordinance by reference
as fully as though set forth herein.
4. 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 property in said City,
the boundaries of which property is shown on the map hereto
attached and made a part hereof, as follows:
FROM A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT)
ZONE TO A REVISED P.C.D. (PLANNED COMMERCIAL
DEVELOPMENT) ZONE:
That portion of the northeast quarter of
Section 10, Township 30 South, Range 27 East,
M.D.B.&M., in the unincorporated area of the
County of Kern, State of California, as per
the official plat thereof, on file in the
Office of the Surveyor General, more particu-
larly described as follows:
Beginning at the northeast corner of said
Section 10;
Thence South 0004'50" east, along the east
line of said Section 10, a distance of 55.98
feet;
Thence southwesterly along a circular curve,
concave to the southeast, having a radius of
2,800 feet, through a central angle of
8045'53", an arc length of 428.33 feet;
Thence south 19040'29" east, a distance of
5.00 feet;
Thence southwesterly along a circular curve,
concave to the southeast having a radius of
2,795.00 feet, through a central angle of
4°15'03", an arc length of 207.36 feet;
Thence south 66°04'28" west, a distance of
92.27 feet;
Thence north 23055'32' west, a distance of
5.00 feet;
Thence south 66004'28" west, a distance of
254.53 feet to a point, said point being the
True Point of Beginning;
Thence south 66004'28" west, a distance of
346.59 feet;
Thence southeasterly along a circular curve,
concave to the northeast, having a radius of
2,200 feet through a central angle of
4°20'15", an arc length of 166.56 feet;
Thence south 20034'54" east, a distance of
295.57 feet;
Thence north 69°25'06" east, a distance of
380.47 feet;
Thence north 23055'32" west, a distance of
483.00 feet to the True Point of Beginning.
EXCEPTING THEREFROM those areas within the
rights-of-way of Ming Avenue and New Stine
Road.
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 ..........
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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 20, 1988 , by the
following vote:
AYES: COUNCILMEMBERS: CHILDS, DeMOND. SMITH, RA'TI¥, PETERSON. McDERMOTT, SALVAGGIO
NOES; COUNCILM;L~,BERS: None
A_"RENT: COUNCILMEMB,~. RS: None
^B~TAINING COL~NCILMEMBERS: None
DY~UTY CITY CLERK and Ex Off~_~io Clerk of the
Council of the City of Bakersfield
APPROVED January 20, 1988
MAYOR of the Cit~ of Bakersfield
APPROVED as to form:
~-- ~NTERIM CITY ATT~NEY o~:the
City o~ B~kers~ld
JH/ADD/meg
Attachment
O ORD 5
ZC.PCD1
12/28/87
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RALPH WEGZS
P.C.D. TO REVISED P.C.E.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfield; and that on February 2~
Bulletin Board at City Hall, a full, true and
ORDINANCE
The Bakersfield City Council at
and entitled:
deposes and says:
acting and qualified City Clerk of
a meeting held on
the City
, 19 88 , she posted on the
correct copy of the followl. ng:
, No. 3134 , passed by
January 20, 19j~ ,
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD TITLE SEVENTEEN OF THE BAKERS-
FIELD MUNICIPAL CODE BY CHANGING THE LAND
USE ZONING OF THAT CERTAIN PROPERTY IN THE
CITY OF BAKERSFIELD COMMONLY KNOWN AS 5101
MING AVENUE FROM A P.C.D. (PLANNED COM~4ER-
CIAL DEVELOPMENT) ZONE TO A REVISED P.C.D.
(PLANNED COMMERCIAL DEVELOPMENT) ZONE.
/s~ CAROL WILLIAMS
CITY CLERK of t~t. YF___of Bakersfield
By: C'~t~ --
DEPUTY Clerk
AOPNS