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 ...........
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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