HomeMy WebLinkAboutORD NO 3155ORDINANCE NO.
3155 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 THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF
FREEWAY 178 APPROXIMATELY ONE-HALF MILE WEST
OF OSWELL STREET 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 those certain proper-
ties in the City of Bakersfield hereinafter described; and
WHEREAS, this ordinance amends the P.C.D. zoning to allow
the construction of a 90,840 square foot single story retail
structure, with mezzanine, in-lieu of a previously approved 76,63'9
square foot single story retail structure; 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 findinga:
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;
That the applicant intends to start construction within
2-1/2 years from the effective date of this ordinance;
3. That the proposed planned commercial development substan-
tially conform to the General Plan;
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, integrated
plan and justifies exceptions from the normal application
of the Bakersfield Municipal Code;
That the area proposed for rezoning to a revised 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 changes to the plan recommended by the
Planning Commission is appropriate to this development
and should be adopted and imposed thereon;
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.
3. The Preliminary Development Plan 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,
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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:
All that portion of Section 22, Township 29
South, Range 28 East, Mount Diablo Base and
Meridian, in the City of Bakersfield, County
of Kern, State of California, according to
the Official Plat of the survey of said land
approved by the Surveyor General, February
28, 1855, described as follows:
Commencing at the Northeasterly terminus of
that certain course described as (North 89°
53' 51" East 442.30 feet) as shown on a map
filed in Book 14, Page 95 of record of surveys
in the Office of said County Recorder;
Thence Northwesterly along said course, South
89° 53'51" West, 230.66 feet;
Thence leaving the boundary of said record of
survey, South 0° 06' 09" East, 41.50 feet to
the True Point of Beginning:
Thence North 89° 53' 51" East, 184.90 feet;
Thence South 61° 03' 31" East, 611.12 feet to
the Beginning of a tangent curve, concave
Southwesterly, having a radius of 30.00 feet;
Thence Southeasterly along said curve, through
a central angle of 45° 50' 17", an arc distance
of 24.00 feet to a point, a radial line from
said point bears south 74° 46' 46" West;
Thence South 82° 00' 00" West, 485.44 feet;
Thence South 08° 00' 00" East, 85.89 feet to a
point on a curve, concave Southeasterly, having
a radius of 1030.00 feet, a radial line from
said point bears South 30° 12' 22" East;
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Thence Southwesterly along said curve, through a
central angle of 05° 21' 31", an arc distance of
96.33 feet to a tangent point;
Thence South 54° 26' 07" West,
Thence North 35° 33' 53" West
Thence North 08° 00' 00" West
Thence South 82° 00' 00" West
Thence South 37° 00' 00" West
Thence South 82° 00' 00" West
Thence North 08° 00' 00" West
Thence North 79° 51' 27" East
Thence North 82° 00' 00" East
Thence South 53° 00' 00" East
Thence North 82° 00' 00" East
Thence North 08° 00' 00" West
to the True Point of Beginnine
Containing 5.900 acres more or
99.23 feet;
49.00 feet;
132.06 feet;
155.88 feet;
33.47 feet;
11.04 feet;
347.43 feet;
42.11 feet;
29.12 feet;
63.17 feet;
74.83 feet;
129.08 feet
less.
SECTION 2.
This ordinance
City charter provisions
days from and after the
shall be posted in accordance with the
and shall become effective thirty (30)
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 April 13, 1988 , by the
following vote:
AYES: COUNCILMEMBERS: CNILDS. DeMONO, SMITH, P~TrY, I~'~SON, McDERMOTT ~ALVAGGIO
NOES: COUNCILMEn, ~[6S. None
ABSENT: COUNCILMEtv~BERS: None
ABSTAINING: CO~NCILM~M~: None
the
Council of the City of Bakersfield
APPROVED April 13, 1988
MAYOR of the City ~f Bakersfield
APPROVED as to form:
AJS/meg
Attachment
O ORD 5
ZC.PCD.1
3/22/88
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Zone Change
4721
COLUMBUS
o
SCALE IN FEET
T29S, R28E
R-I
STREET
R-4-D
FREEWAY ~78
P-C-D
4527
R-I
400
R-3-D
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STREET
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F'.'-:
P.C.D. TO REVISED P.C.D.
MI LLARD-ARCHULETA ARCHITECTS
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern)
SSo
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 the 15th day of April, , 1988 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: ORDINANCE No. 3155 , passed by the Bakersfield
City Council at a meeting held on the 13th day of ADril
, 1988 ,
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 THOSE CERTAIN PROPERTIES
IN THE CITY OF BAKERSFIELD LOCATED SOUTH OF
FREEWAY 178 APPROXIMATELY ONE-HALF MILE WEST
OF OSWELL STREET FROM A P.C.D. (PLANNED COMMERCIAL
DEVELOPMENT) ZONE TO A REVISED P.C.D. (PLANNED
COMMERCIAL DEVELOPMENT) ZONE.
CAROL WILLIAMS
CITY CLERK~ .°f the 7tY °f ~ersfield
DEPUTY ~C~C/1 er~ /
NSAOPD