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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, - 2 - 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; - 3 - 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 .......... - 4 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 - 5 - 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 / / \ \ \ \ \ STREET ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 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