Loading...
HomeMy WebLinkAboutORD NO 2920ORDINANCE NO. 2920 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF TITLE 17 OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD, LOCATED AT THE NORTHEAST CORNER OF OSWELL AND BERNARD STREETS, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND MAKING FINDINGS IN CONNECTION WITH P.C.D. ZONE. WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakers- field, the Planning Commission has held a public hearing on a petition use zoning on the property hereinafter described; to change the land and WHEREAS, sideration of said the City Council has determined, after due con- application consisting of a Preliminary Develop- ment 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: 1. 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, PALO VERDE INVESTMENTS, N.V., does intend to start construction within two and one-half (2-1/2) years from the effective date of the zoning change; 3. That the proposed planned commercial development sub- stantially conforms to the General Plan; 4. That a Negative Declaration was filed and posted in accordance with the City Council Resolution No. 132-83 on December 23, 1983; 5. That the commercial and professional development will be in harmony with the character of the surrounding neighborhood and community; 6. That this type of development is needed at this proposed location to provide adequate commercial facilities of the type proposed; that traffic congestion will not likely be created by the proposed development, or it will be alleviated by presently projected improvements and by provisions in the plan for proper entrances and exits, and by internal provisions for traffic and parking; 7. That the development, as proposed, constitutes a harmonious, integrated plan and justifies exceptions from the normal application of the Municipal Code; 8. 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 Municipal Code; 9. That the additions to Planning Commission are appropriate to this should be adopted and imposed thereon; NOW, THEREFORE, BE IT ORDAINED by City of Bakersfield as follows: 1. The above recitals are true hereby adopted. documents, following the plan recommended by the development and the Council of the and correct and are 2. The Preliminary Development Plan and accompanying as submitted, are approved and adopted subject to the additions to the plan: 1) Landscape and irrigation plans shall be submitted to the Planning Depart- ment for review and approval. The irrigation system shall be installed and the landscape plan implemented prior to final building inspection. (Planning) 2e 5) Trash areas shall be clearly desig- nated on plans. The slope tolerance for refuse pads and the ten (10) foot area in front of them shall be between one-sixteenth (1/16) of an inch to one-eighth (1/8) of an inch per foot. A bumper at least eight (8) inches in height and 6 inches wide shall be installed on 3 sides of refuse pads or enclosures. These pads or enclosure bottoms to be constructed of four (4) inch thick concrete. The minimum pad or enclosure size shall be eight (8) foot by six (6) foot. This does not include the bumper or wall thickness of the enclosure. All pads and enclosures shall be constructed at grade level. Any changes must be approved by the Sanitation Division prior to final inspection. (Sanitation) All streets and access roads to and around any buildinq under construc- tion must be at least 20 feet of unobstructed width and graded to prevent ponding at all times. Barricades must be placed where ditches and barriers exist in road- ways. Emergency vehicle access must be reliable at all times. (Fire) Project to meet the parking require- ments of the Zoninq Ordinance. (Planning) A one-hour rated fire wall is required on the north exterior wall of the drive-up teller. (Building) 6) The building shall be constructed to meet handicapped requirements. (Building) 7) 8) 9) The building shall with an automatic system throughout. be constructed fire sprinkler (Building) A grading plan shall be provided and approved prior to issuance of a building permit. (Building) Both drive approaches shall be 42 feet top-to-top centered on aisle. (Traffic) 3. The Preliminary Development Plan is incorporated into this Zoning Ordinance by reference as fully as though set forth herein. 4. The Zoning Map is hereby ordered changed by identify- ing the area hereinafter described with the map symbol P.C.D. 5. Section 17.06.020 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 are shown on the map hereto attached and made a part hereof, as follows: changing the zoning boundaries from a P.C.D. (Planned Commercial Development) Zone to a Revised Planned Commercial Development (P.C.D.) Zone of that certain property in the City of Bakersfield, being more particularly described as follows: FROM A P.C.D. (PLANNED COMMERCIAL DEVELOP- MENT) ZONE TO A REVISED P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE CONSISTING OF A TWO-STORY COMMERCIAL STRUCTURE CONTAINING 13,508 SQUARE FEET OF FLOOR AREA: Parcels 1 and 2 of Parcel Map 5111 in the City of Bakersfield, County of Kern, State of California as per Map recorded December 7, 1979, Book 24, Page 23 of Parcel Maps in the Office of the County Recorder. 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 the 6th day of June , 1984, by the following vote: AYES: COUNCILMEN: BARTON, ~, 'tg"Ii'TSt'~NB,'SN, MOORE, PAYNE, RATTY, ROCKOFF NOES: COUNCILM[N~ ~ I~ C~L RK and Ex Officio Clerk of Council of the City of Bakersfield APP~this 6th ~y/~ June , 198--4 MAYORf the City of Bakersfield APPROVED as to form: C IT TT~ROR~~the~y~of Baker sf isld the AJS/bl 5. BERNARD _J bJ SILL PLACE ANNADALE DR. PICO ST. /NORTH I"-- 200' ZC. 4117 P. ALO VERDE INVEST. N.E. CORNER OSWELL 8 BERNARD STREET AffrayS! of j os ing r uan es STATE OF CALIFORNIAl ss. County of Kern ] MARGUERITE ANDERSON, Being duly sworn, desposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on June 8 , 1984 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on June 6 , 19 84 , which ordinance was numbered 2920 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF TITLE 17 OF THE }CONICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD, LOCATED AT THE NORTHEAST CORNER OF OSWELL AND BERNARD STREETS, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND MAKING FINDINGS IN CONNECTION WITH P.C.D. ZONE. Subscribed and sworn to before me this 8 t,i"~,~ day of~I.une..~ ..........f:19 ..84 ....... ,/z. ............