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:
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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. ~.?"