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HomeMy WebLinkAboutORD NO 2998ORDINANCE NO. 2998 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD COMMONLY KNOWN AS 4001 AUBURN STREET, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND MAKING FINDINGS IN CONNECTION WITH A 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 Bakersfield, the Planning Commission has held a public hearing on a petition to change the land use zoning on the property herein- after described; and WHEREAS, the City Council has determined after due con- sideration 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, 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 wel- fare and good zoning practice justify the change of zone from a PCD Zone to a Revised P.C.D. Zone; 2. That the applicant, J. C. SCOTT'S, 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 substantially 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 August 23, 1985; 5. That the commercial and professional development will be in harmony with the character of the surrounding neigh- borhood and community; 6. That this type of development is needed at this pro- posed 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 pres- ently project improvements proper entrances and exits, fic and parking; and by provisions in the plan for and by internal provisions for traf- harmonious, mal 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 the plan recommended by the Planning Commission are 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. The above recitals are true and correct and are hereby adopted. 2. The Preliminary Development Plan and accompanying documents, as submitted, are approved and adopted subject to the following additions to the plan: (1) Cocktail lounge shall be a secondary and com- plimentary use to the restaurant but shall be permitted to remain open after dining room has closed. That the development, as proposed, constitutes a integrated plan and justifies exception from the nor- 2 (2) Piano and Combo - listening entertainment with non-amplified music be allowed during dinner hours and to terminate no later than the fol- lowing times, unless complaints are received by the City, at which time the City Council may, after noticed public hearing, modify the follow- ing times: Sunday - Thursday - 10:00 p.m. Friday - Saturday 11:30 p.m. Recorded video music permitted in both dining room and cocktail lounge to the following times, unless complaints are received by the City, at which time the City Council may, after noticed public hearing, modify the following times: Sunday - Thursday - 12:00 (midnight) Friday - Saturday - 1:00 a.m. 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 identi- fying 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 bounda- ries 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) to a Revised Planned Commercial Development (Revised P.C.D) Zone of that cer- tain property in the City of Bakersfield, being more particularly described as follows: FROM A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO A REVISED P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE TO ALLOW OPERATIONAL REVISIONS. Parcels 2 and 3 of Parcel Map 3697 of the city of Bakersfield, County of Kern, State of California, as per Map recorded on April 11, 1977, in the Office of the County Recorder of Kern County, in Book 18, Page 47 of Parcel Maps. EXCEPT the west 84 feet of said Parcel 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 regu- lar meeting thereof held on the 23rd day of October , 1985, by the following vote: .."/ /? ,. ~ '/// . / / ¥~.,~ v ,/~ .'. ' . ..~. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 29rd day of October , 19 85 MAYOR of the City of/Bakersfield APPROVED as to form: Ci~TY ATTQ_~NEY of t~e City of Bakersfield bl O.ZC-SCO 4 ,4 VENUE ROUTE 178 200' ZC 4362 d.C. SCOTT~ 4001 AUBURN STREET Affidavit of osting ( r uanres STATE OF CALIFORNIA t ss. County of Kern i 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 Qetober 28th , 19 85 , 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 October 23rd ---, 19 ~85 .... which ordinance was numbered __ 2998 .___ New Series, and entitled: An Ordinance of the Council of the of Bakersfield Amend- ing Section 17.06.020 of Title 17 of the Bakersfield Muni- cipal Code Changing the Land Use Zoning of that Certain Property in the City of Bakersfield Commonly Known as 4001 Auburn Street, Approving the Preliminary Development Plan and Yaking Findings in Connection With A P.C.D. Zone. City Clerk Subscribed and sworn to before me this .ff,!<~Z/t .. day of. ~ff , 19. ~.?"