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HomeMy WebLinkAboutORD NO 2993ORDINANCE NO. 2993 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 T~AT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED AT THE SOUTHEAST CORNER OF MING AVENUE AND NEW STINE ROAD, 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 Bakerstield, 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 o~ 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 coniormance 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 o~ zoning of the hereinafter-described property, that a zoning change should he authorized; and WHEREAS, the City Council has considered and hereby makes the ~ollowing findings: 1. That the public necessity, convenience, general wel- fare and good zoning practice justify the change of zone from a P.C.D. (PLANNED COMMERCIAL DEVELOPMENT-OFFICE) Zone to a P.C.D. (PLANNED COMMERCIAL DEVELOPMENT-RETAIL COMMERCIAL) Zone; 2. That the applicant, MORELAND CORPORATION, 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 June 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 and by provisions in the plan for proper entrances and exits, and by internal provisions for traf- fic and parking; 7. That the development, as proposed, constitutes a harmonious, integrated plan and justifies exception from the nor- 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 addition(s) to the plan recommended by the Planning Commission is/are appropriate to this development and should be adopted and imposed thereon; NOW, THEREFORE, BE IT ORDAINED by the Council of the City o~ 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 addition(s) to the plan: (1) Dedicate additional right-o~-way as required tor construc- tion of a right turn lane on New Stine Road as shown on plan. (Public Works) (2) Provide engineered plans for the reconstructions on New $tine Road. (Public Works) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) The curb return at New Stine Road and Ming Avenue shall have a 30-foot radius. (Public Works) Construct standard wheelchair ramp on all curb returns. (Building) Collect all drainage on-site and connect into the existing drainage system. (Public Works) Submit a plan to show sewer service to all units. Works) (Public Provide three sets of grading plans with soils report to be approved Dy the Public Works and Building Departments prior to issuance of a Duilding permit. (Public Works and Building) By resolution of the City Council all developers of non- residential projects will De required to pay a development fee for community improvements (major street improvements) at a rate of $7.50 per vehicle trip generated by the project for all Site Plans tiled after January 1, 1985. This fee shall be paid prior to issuance of a building permit. The fee will be assessed unless your project has met all condi- tions of Site Plan Review and you have submitted detailed final construction drawings, plan check fees and related documents prior to May 22, [985 and you have oDtained a building permit prior to November 22, 1985. (Public Works) The City Council also intends to adopt a policy prior to July 1, 1985 which requires developers of non-residential projects to pay a development fee for local off-site street improvements for all Site Plans filed after January 1, 1985. The fee will be assessed unless your project has met all conditions of Site Plan Review and you have obtained a building permit prior to July 1, 1985. The fee will not exceed the development tee for the community improvements as noted above, for the first year this policy is in effect. (Public Works) A sewer connection fee shalt be paid prior to issuance of a building permit. The tee will be based on the current adopted charges at the time of issuance of the building permit. (Public Works) On-site paving shall be a minimum of 2" Type B, A.C. over 3" Class II A.B. Section shall be thicker if required by soils report. (Public Works) Drive approaches shall be 42 feet top-to-top for main drives or may be 25-foot wide drive aisles with 20-foot radius street-type curb returns. (Public Works) Show typical parking stall dimensions (8~' x 20' is standard) and aisle widths (25-foot aisle is standard). (Public Works) Meet all handicap requirements as per State Code. (Building) Structure over 10,000 square feet in area shall be con- structed with an automatic kire sprinkler system throughout. (Building) Show and provide 6' X 8' concrete pads (for 2 to 3 cubic yard refuse bin) per city standard S-43. (Sanitation) (17 (18 (19 (20) (21) (22) (23) (24) (25) 26) 27) 28) 29) 30) 31) 32) 33) Parking along east property line requires one tree per six parking spaces. (Planning) Overlooks from the second floor or higher into R-1 zoned property must be architecturally screened as per attached "Resolution No. 57-82". Screening proposals must be approved by the Planning Department prior to final site plan approval. (Planning) Both the landscape and irrigation plans shall be submitted for review and approval by the Planning Department. The irrigation system shall be installed and the landscape plan implemented prior to final building inspection. (Planning) Total parking spaces for compact cars shall not exceed 30% of the total required parking spaces. (Planning) Provide drive-through parking as required. (Planning) Applicant intends to start construction within 23 years from the date of final approval of Zone Change by the City Council. (Planning) The final development plan shall be submitted for approval to the Planning Commission within 18 months from the effec- tive date of the Zone Change. (Planning) Provide at least the minimum required off-street parking as per Section 1758 of the zoning ordinance. This may require a limitation to commercial uses on-site or redesign ot the project to meet the parking requirements at the final site plan review. (Planning) Construction on both south and east boundaries a continuous block wall of at least 6-foot high. (Planning) All lights (indoor and outdoor) shall be shielded from existing residential uses. (Planning) Modify the traffic signal at the southeast corner as required with the addition o~ the right turn lane. (Public Works) All streets and access roads to and around any building under construction 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 roadways. Emergency vehicle access must be reliable at all times. (Fire) Existing drive approaches to be removed shall be replaced with standard concrete curbs, gutters and sidewalk. (5.5-foot wide minimum). (Public Works) A permit will be required from Public Works prior to any construction on the right-of-way. (Public Works) A comprehensive sign plan for the complete project shall be submitted and be approved at the time the final development plan is approved. (Planning) Provide three fire hydrants as shown on the plan. (Fire) Water mains are to be installed per I.S.O. and City require- ments with dead end mains no less than ~" in size. (Fire) 4 (34) (350 (36) (37) (38) (39) Based upon available information fire flow requirement may be 3,500 gallons per minute. (Fire) Under Resolution No. 68-78 and Municipal Code Sections 16.32.070(A) and 16.32.070(B): All subdividers and all per- sons otherwise required to furnish fire hydrants are hereby required to purchase the required fire hydrants, hydrant burys, necessary bury extensions and all necessary bolts and gaskets from the City of Bakersfield and install all hydrants no more than 6" above permanent line and grade and pay the total cost thereof. (Fire) Pursuant to Sections 10.301c and 10.301d of the Uniform Fire Code, water mains and fire hydrants to be installed shall be completed, tested and accepted prior to issuance of any building permit. (Fire) Post the designated fire lane as required by the City prior to occupancy of any portion of any building. (Fire) Provide the Fire Department with one set of approved water plans prior to the issuance of any building permit. (Fire) Maintain 16-foot clearance on overhead walkways between buildings. (Fire) 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.O. 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 PLANNED COMMERCIAL DEVELOPMENT-OFFICE to a PLANNED COMMERCIAL DEVELOPMENT-RETAIL COMMERCIAL Zone of that certain property in the City of described as follows: FROM A P.C.D. Bakersfield, being more particularly (PLANNED COMMERCIAL DEVELOPMENT-OFFICE ZONE TO A P.C.D PLANNED COMMERCIAL DEVELOPMENT-RETAIL COMMERICAL), OR MORE RESTRICTIVE ZONE. That portion of the northeast quarter of Section 10, Township 30 south, Range 27 east, M.D.B.&M., in the unincorporated area of the County of Kern, State of California, as per the Official Plat thereof, on file in the Office of the Surveyor General, more par- ticularly described as follows: 5 Beginning at the northeast corner of said Section 10; Thence south 0"04'50" east, along the east line of said Section 10, a distance of 55.98 feet; Thence southwesterly along a circular curve, concave to the southeast, having a radius of 2,800 feet, through a central angle of 8~45'53", an arc length of 428.33 feet; Thence south 19"40'29" east, a distance of 5.00 feet; Thence southwesterly along a circular curve, concave to the southeast having a radius of 2,795.00 feet, through a central angle of 4~15'03", an arc length of 207.36 ~eet; Thence south 66"04'28" west, a distance of 92.27 feet; Thence north 23~55'32" west, a distance of 5.00 feet; Thence south 66v04'28" west, a distance oK 254.53 feet to a point; said point being the True Point of Beginning; Thence south 66~04'28" west, a distance of 346.59 feet; Thence southeasterly along a circular curve, concave to the northeast, having a radius of 2,200 feet; through a central angle of 4~20'15", an arc length of 166.56 ~eet; Thence south 20~34'54" east, a distance of 295.5'7 ~eet; Thence north 69"25'06" east, a distance of 380.47 feet; Thence north 23~55'32" west, a distance of 483.00 feet to the True Point of Beginning. EXCEPTING THEREFROM those areas within the rights-of-way of Ming Avenue and New Stine Road. This ordinance shall De posted in accordance with the City charter provisions and shall become effective thirty (30) days ~rom and a~ter the date o2 its passage. .......... OOO ........... 6 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 11th day of September , 19 8~ by the following vote: CITY CLERK ana Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 11th day of September , 19 85 MAYOR of the City of Bak~'rsfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield bl 1 O.ZC-MOR PATRIOTS PARK LANE -'/NORTH I"= 200' ZC 'f312 PCD TO PCD TE~RY L. MOF~ELAND 5101~ .5151 MING AVENUE Affi a ! of r inan es STATE OF CALIFORNIA t ss. County of Kern ~ 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 September 13 , 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 September 11 , 19 85 , which ordinance was numbered 2993 _ New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF TITLE 17 O17 THE BAKERSFIELD MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CEI~TAIN PROPERTY IN THE CITY OF BAKERSImIELD LOCATED AT THE SOUTHEASq' CORNER O1* MING AVENUE AND NEW STINE ROAD, APPROVING THE PRELIMINARY DEVELOPI~ENT PLAN AND MAKING FINDINGS IIq CON- NECTION WITH A P.C.D. ZONE. City Clerk Subscribed and sworn to before me this