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HomeMy WebLinkAboutORD NO 2900ORDINANCE NO. 2900 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, COMMONLY KNOWN AS 5101 MING AVENUE, 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 Bakers- field, the Planning Commission has held a public hearing on a petition to change the land use zoning on the property hereinafter described; and WHEREAS, the City Council has determined, after due con- sideration of said 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 Planninq 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 findinqs: 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 Revise{] P.C.D. Zone; 2. That the applicant, CENTRAL SAVINGS, 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. 132-813 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 traffic and parkinq; 7. That the development, harmonious, integrated plan and justifies normal application of the Municipal Code. 8. That the area zone is in excess of one (1) of the Municipal Code; by internal provisions for as proposed, constitutes exceptions from the proposed for rezoning to a P.C.D. acre as required by Section 17.54.110 9. That the additions to the plan recommendled 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 [~lan: 1) 2) Provide the minimum required off- street parking as per Section 17.58 of the zoning ordinance. Both the landscape and irrigation plans shall be submitted for review and approval by the Planning Depart- ment. The irrigation system shall be installed and the landscape plan implemented prior to final building inspection. 3) 4) 5) 6) 7) 8) 9) The final development plan shall be submitted for approval to the Planning Commission within 18 months from the effective date of this zone change. Fire hydrants required - three. Water mains are to be I.S.O. and city requirements with dead-end mains no less than 8 inches in size. Based upon available information fire flow requirement may be 3,500 gallons per minute. Under Resolution No. 68-78 and Municipal Code Section 16.32.070(a) and 16.32.070(b) (13): All subdi- viders and all persons 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 inches above permanent line and grade and pay the total cost thereof. Pursuant to Sections 10.301c and 10.301d of the Uniform Fire Code, water mains and fire hydrants to be installed by developer shall be completed, tested and accepted prior to building construction. All streets and access roads to and around any building 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. The structures shall be constructed with an automatic fire sprinkler system throughout. Meet all handicap requirements as per state code. Provide three sets of grading plans with soils report to be approved by the Public Works and Building Depart- ments prior to issuance of a build- ing permit. Drainage is to be discharged into the streets over the low sides of the lower driveways. lO) 11 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) Existing drive approaches to be removed shall be replaced with standard concrete curbs, gutters sidewalk (5.5-foot wide minimum). and Construct standard wheelchair ramp on all curb returns. On-site paving shall be a minimum of two inch A.C. over three inch CL II Ag. Base. Section shall be thicker if required by soils report. A sewer connection fee shall be required prior to issuance of a building permit. The fee will be based on the current adopted charges at the time of issuance of the building permit. A permit will be required from Public Works prior to any construc- tion on the right-of-way. Plans for any proposed median island modification shall be approved by the City Engineer prior to issuance of the building permit. Driveways shall have a minimum radius of twenty feet. Location of handicap parking stalls is unsatisfactory, revise/relocate to the satisfaction of the Traffic Engineer. Existing drive approaches are to be closed. (permit required) Drive approaches shall be 42 feet top-to-top or may be 25-foot wide drive aisles with 20-foot radius street-type curb returns. Median opening on New Stine Road shall be designed to the satisfaction of the Traffic Engineer and shall be a left turn in only, design. Provide fire lanes at all entrances/ exits of building. All lights (indoor and outdoor) shall be shielded from existing residential uses. A comprehensive sign plan for the complete project shall be submitted and be approved at the time the final development plan is approved. 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 ing the area hereinafter described with the map symbol 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: by identify- P.C.D. FROM A P.C.D. (PLANNED COMMERCIAL DEVELOP- ~{ENT) ZONE TO A REVISED P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE CONSISTING OF A 46,176 SQUARE FOOT TWO-STORY OFFICE COMPLEX: That portion of the northeast Quarter of Eection 10, Township 30 South, Range 27 East, Mount Diablo Meridian, in the City of Bakersfield, County of ~ern, State of Cali- fornia, according to the Official Plat thereof, more particularly described as follows: Beginning at the northeast corner of said Eection 10; Thence South 0004'50" 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,S00 feet, through a central angie of 8°45'53", an arc lenqth of 428.33 feet; Thence South 19o40'29" 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 feet; Thence South 66°04'28" West, a distance of 92.27 feet; Thence North 23055'32" West, a distance of 5.00 feet; Thence South 66004'28" West, a distance of 254.53 feet to a point, said point being the True Point of Beginning; Thence South 66004'28" 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 feet; Thence South 20°34'54" East, a distance of 295.57 feet; Thence North 69025'06" East, a distance of 380.47 feet; Thence ~orth 23055'32" West, a distance of 483.00 feet, to the True Point of Beginning. 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 }{EREBY 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 15th day of Febru&ry , 1984, by the following vote: CITY CDERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED~his 15th day of February, MAY~ o~ the Cfty of Bakersfield 19 8~ APPROVED as to form: ~2~L of t e City of Bakersfield 6o ZONE CHANGE #4059 PCD to PCD 5101 Ming Avenue Central Savings I 7"-' NORTH J8 Affidavit of Iosttng r tnatt es STATE OF CALIFORNIA, } County of Kern ss. MARGUmRi TE ANDERSON, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ..................~....e...b.....r.._u.f~.~'.~___]_..6. ....................................................................., 19..8...~... he 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 ...........~.~..b....r..._u...a....r..~(.....~.5. ..........................................19~._.~ ......which ordinance was numbered~._._...~.?.~.~. ..........................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF ?iTLE 17 OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY iN THE CITY OF BAKERSFIELD~ COMMONLY KNOWN AS 5101 MING AVENUE, APPROVING THE PRELiMiNARY DEVELOPMENT PLAN AND MAKING FiNDiNGS iN CONNECTION WITH A P.C.D. ZONE. City Clerk Subscribed and sworn to before me this