HomeMy WebLinkAboutORD NO 3357ORDINANCE NO. 3357
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 103-22 BY CHANGING THE LAND USE
ZONING FOR PROPERTIES LOCATED AT 2660
OSWELL STREET FROM A P.C.D. (PLANNED
COMMERCIAL DEVELOPMENT) ZONE TO A P.C.D.
(PLANNED COMMERCIAL DEVELOPMENT) ZONE FOR
PURPOSES OF CHANGING CONDITIONS OF ACCESS
TO A COMMERCIAL SHOPPING CENTER.
WHEREAS, in accordance with the procedure set forth in
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 properties in the
City of Bakersfield hereinafter described; and
WHEREAS, by Resolution No. 13-91 on February 21, 1991,
the Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve a
Revised P.C.D. (Planned Commercial Development) Zone, as deline-
ated on attached map marked Exhibit "B", by this Council and this
Council has fully considered the findings made by the Planning
Commission as set forth in that Resolution; and
WHEREAS, this ordinance amends the zoning of said
property from a P.C.D. (Planned Commercial Development) Zone
to a revised P.C.D. (Planned Commercial Development) Zone for
purposes of changing conditions of access to a commercial shop-
ping center; 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 a hearing on
conditions required for the change of zoning by the Planning
Commission, that a zoning change should be authorized; and
WHEREAS, the site is designated as Commercial on the
Land Use Element of the Metropolitan Bakersfield 2010 General
Plan; 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. The project will not have a significant adverse
effect on the environment.
4. The proposed use is deemed essential or desirable to
the public convenience or welfare.
5. That 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 P.C.D. (Planned
Commercial Development) Zone.
6. That the proposed planned commercial development
is consistent with the General Plan of the City of Bakersfield.
7. That a Negative Declaration was duly filed and
posted on January 17, 1991.
8. That the commercial and professional development
is in harmony with the character of the surrounding neighborhood
and community.
9. That this type of development is needed at this
location to provide adequate commercial facilities of this type;
that traffic congestion will not likely be created by the pro-
posed development or will be obviated by presently projected
improvements and by provisions in the plan for proper entrances
and exits and by internal proviaions for traffic and parking.
10. That the development constitutes a harmonious, inte-
grated plan and justifies exceptions from the normal application
of the Bakersfield Municipal Code (as conditioned in the attached
Exhibit "A").
11. That the applicant has filed a final development
plan and has started construction under Zone Change 4645.
12. That the applicant has submitted a traffic study
which indicates proposed additional access will not result in any
adverse impacts on traffic flows.
13. No evidence was presented before the City of
Bakersfield that indicated significant impacts on wildlife
resources could occur as a result of the project.
14. The project area is surrounded by urban development
and has been graded in association with previously approved com-
mercial projects.
15. The project must adhere to the provisions of
Metropolitan Bakersfield Habitat Conservation Plan (MBHCP)
mitigation provisions and associated advisory notice.
the
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 Negative Declaration is hereby approved and
adopted.
3. The Preliminary Development Plan is incorporated
into this zoning ordinance by reference as fully as though set
forth herein.
4. Within 18 months of effective date of establishment
of PCD, and preliminary development plan, a final development
plan shall be submitted.
5. 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 on Map No. 103-22 of certain
property in said City, the boundaries of which properties are
shown on the map marked Exhibit "B" hereto attached and made a
part hereof, as follows:
FROM A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT)
ZONE TO A P.C.D. (PLANNED COMMERCIAL
DEVELOPMENT) ZONE:
The south half of the north half of the northeast
quarter of the southeast quarter of the northeast
quarter of Section 22, Township 29 south, Range
28 east, M.D.B.& M., in the City of Bakersfield,
County of Kern, State of California, according to
the official plat of said land approved by surveyor
general, February 28, 1855.
tions of
rated by
6. The foregoing zone change is subject to the condi-
development attached hereto as Exhibit "A" and incorpo-
this reference as though fully set forth herein.
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 _APR ~ 4 199~ , by the
following vote:
AYES; COUNCILMEMBERS: EOWARDS,'~. SMITH, BRUNNI, PETERSON, McDERMOTt, SALVAGOIO
NOES; COUNCILMEMBERS'
ABSENT COUNCILMEMBERS'
ABSTAIN: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED APR 2 4 1991
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the
bCM/meg
Attachments
Exhibit "A"
Exhibit "B"
00RD 4
ZC.PCD.1
4/3/91
City of
Bakersfield
- 4 -
EXHIBIT "A"
Conditions of Approval
Zone Change 5123
10.
The applicant shall submit final development plans within 18
months of the effective date of approval which reflect the
following conditions as appropriate.
Oswell Street drive approach shall have a "throat" aisle
having no conflicting parking spaces backing into the aisle
for a minimum distance of 60 feet from the curb face of
Oswell Street (see attached graphic).
The extension of the north curb of the ingress aisle shall
be a minimum of 60 feet from the extension of the south curb
of Mall View Road to provide separation.
Fire lane on south side of Building "B" shall be posted as
Fire Lane with no loading or parking allowed, and shall have
appropriated signage and pavement markings.
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 height to a maximum of 8-foot (eight)
from the ground level and shall be shielded from adjacent
residential uses.
Refuse containers shall not be placed within 24 feet of res-
idential property and shall be shielded from view.
Northbound to westbound turn movements onto the site shall
be restricted.
Curb break and deletion of existing drive shall be per com-
mittee design, which may be modified by staff (see attached
graphic)·
All new construction on-site shall provid'e parking at a rate
of one space/200 square feet of gross floor area. New park-
ing stalls shall be 9 feet by 18 feet in size with appropri-
ate handicapped spaces provided to the satisfaction of the
Building Department.
Exhibit "A"
ZC 5123
Page 2
11. Tenant uses shall be limited to those uses listed below.
PERMITTED USES-ZONE CHANGE 5123
EAST HILLS PROMENADE
2660 Oswell Street
1. Apparel stores
2. Art and antique
3. Bakeries
4. Banks
5. Barber and beauty shops
6. Bicycle shops
7. Book stores
8. Candy stores
9. Carpet shops
10. Delicatessen stores
11. Department stores
12. Drug stores
13. Dry cleaning
14. Dry goods
15. Fast food restaurants
16. Floral shops
17. Food stores
18. Furniture stores
19. Gift shops
20. Hardware stores
21. Hobby shops
22. Household appliance stores
23. Ice cream/yogurt shops
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40.
41.
42.
43.
44.
45.
46.
Interior decorating shops
Jewelry stores
Luggage stores
Music/video stores
Offices-business/professional
Office/Business machine stores
Optometrists shops
Paint/wallpaper stores
Pet stores
Photographic shops
Printing shops
Radio/television stores
Restaurants
Retail auto parts/TBA
Shoe stores
Sporting goods
Stamp/coin stores
Stationery stores
Tailor shops
Tobacco shops
Toy stores
Swimming pool supplies stores
Variety stores
Other uses may be permitted by Conditional Use Permit in accor-
dance with the procedures provided for in Chapter 17.64 and 17.66
of Title 17 of the Municipal Code.
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EAST HILLS
PROMANADE
ZC
PCD
2660
5123
to
PCD
Oswell
APPROVED ACCESS TO
OSWELL STREET-
PLANNING COMMISSION
HEARING OF FEB. 21,
1991
IZ-¥l II.~.IT A
I /\1 IlUl I /-~
iPC~D TO
PCD --.-
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CITY OF BAKERSFIELD
ZONING MAP 103-22
LEGEND
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfie]d; and that on the
posted on the Bulletin Board at
the following:
City Council at
and entitled:
Ordinance
a meeting held on
deposes and says:
acting and
1st day
City Hall, a
No. 3357
the 24th
qualified City Clerk of the City
of May , 1991 she
full, true and correct copy of
, passed by the Bakersfield
day of April 1991
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk