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HomeMy WebLinkAboutORD NO 2899ORDINANCE NO. 2899 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 4821 MING AVENUE, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND MAKING FINDINGS IN CONNECTION WITH 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 the land use zoninq on the property hereinafter described; to change and WHEREAS, sideration of said Development Plans the City Council has determined, after due con- application consisting of alternative Preliminary indicatinq the matters required by Section 17.54.030 of the Municipal Code, together with plot plans, maps, 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 followinq findings: 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 Revised P.C.D.; 2. That the applicant, MING AVENUE CHRISTIAN CHURCH, 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 alternative planned commercial developments substantially conform to the General Plan; 4. That a Negative Declaration was filed and posted in accordance with the City Council Resolution No. 132-83 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 by internal provisions for traffic and parking; 7. That the harmonious, integrated normal application of the Municipal Code. development, as proposed, constitutes a plan and justifies exceptions from the for rezoning to a P.C.D. required by Section 17.54.110 8. That the area proposed zone is in excess of one (1) acre as 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: above recitals are true and correct and are Preliminary Development Plans and approved and adopted plan: 1. The hereby adopted. 2. The alternative accompanyinq documents, as submitted, are subject to the following additions to the Plan 1 1) Provide the minimum required off- street parking as per Section 17.58 of the Zoning Ordinance. 2) 3) 4) 5) 6) 7) 8) 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. The final development plan shall be submitted for approval to the Plan- ning Commission within 18 months from the effective date of this zone change. Fire hydrants required - two. 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. Show that paving material and sec- tion conforms to City Ordinance. Construct standard curb, gutter and 5.5-foot wide sidewalks. Construct standard wheelchair ramps on all returns. 9) 10) 11) 12) i3) 14) 15) 16) 17) 18) 19) 20) Plan i) 2) Retain the drainage on-site, or provide a drainage study to verify that existing structures and facili- ties have the capacity to accept the drainage from this development. A sewer connection fee shall be paid 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. The 1983-84 fiscal year fee is based on $40 per fixture unit. Provide three copies of the grading plan for approval by the Public Works and Building Departments prior to any grading work or issuance of a building permit. A permit shall be obtained from the Public Works Department prior to any construction in the street right-of- way. The building shall be constructed with an automatic fire sprinkler system throughout. Access to Ming Avenue restricted to emergency fire vehicles as shown. Drive aisle shall be 24-foot minimum where shown. Meet all handicap requirements as per state code. Provide fire lanes as shown in red on the plot plan. Install a six-foot high masonry wall adjacent to the abutting residen- tially zoned properties. A comprehensive sign plan for the complete project shall be submitted and be approved at the time the final development plan is approved. All lights shall be shielded from the abutting residentially zoned properties. 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 - two. Water mains are to be I.S.O. and City requirements with dead end mains no less than 8" in size. Based upon available information fire flow requirement shall be 3,500 gallons per minute. Under Resolution No. 68-78 and Municipal Code Sections 16.32.070(A) and 16.32.070(B): All subdividers and all persons otherwise required to furnish fire hydrants, are hereby required to purchase the required fire hydrants, hydrant burys, neces- sary bury extensions and all neces- sary 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. 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. On-site paving to be a minimum of two inch A.C. over three inch CL II A.B. Construct standard curb, gutter and 5.5-foot wide sidewalk. Construct standard wheelchair ramps on all curb returns. Provide three sets of grading and drainage plans and soils report to be approved by the Public Works and Building Departments prior to any grading work or issuance of a build- ing permit. The plan shall verify that existing facilities have the capacity to accept the drainage from this proposed development. lO) 12) 13) 14) i5) 16) 17) i8) 19) 20) A sewer connection fee shall be paid prior to issuance of a building permit. The fee will be based on the current adopted charges at the time of issuance of the permit. A permit shall be obtained from the Public Works Department prior to any construction in the street right-of- way. Drive approaches on Canter Way shall be 42 feet wide centered on a mini- mum of 25-foot drive aisle. Exit only drive approach on Ming Avenue shall be designed to dis- courage its use as an entrance and signed as "exit only". Building "A" shall be constructed with an automatic fire sprinkler system throughout. Meet handicap requirements as per state code. Provide fire lanes as shown in red on the plot plan. Install a six-foot high masonry wall adjacent to the abutting residen- tially zoned properties. A comprehensive sign plan for the complete project shall be submitted and be approved at the time the final development plan is approved. All lights shall be shielded from the abutting residentially zoned properties. Provide three, 6'xS'x4" concrete pads at grade level of parking lot for refuse bins. 3. The alternative Preliminary Development Plans are incorporated into this Zoning Ordinance by reference as fully as though set forth herein. 4. The Zoning Map is hereby ordered changed by identify- ing 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 boundaries of which property are shown on the map hereto attached and made a part hereof, as follows: chanqinq the P.C.D. (Planned Commercial Development) Planned Commercial Development (P.C.D.) property in the City of described as follows: zoning boundaries from a Zone to a Revised Zone of that certain Bakersfield, being more particularly FROM A P.C.D. (PLANNED COMMERCIAL DEVELOP- MENT) ZONE TO A REVISED P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE WHICH CONSISTS OF TWO PLANS. PLAN 1 PROPOSES A TWO-STORY OFFICE STRUCTURE CONTAINING 74,375 SQUARE FEET OF FLOOR AREA AND PLAN 2 CALLS FOR A ONE-STORY AND A TWO-STORY OFFICE COMPLEX CONTAINING 66,941 SQUARE FEET OF FLOOR AREA: Parcel 1 of Parcel Map 3391 in the City of Bakersfield, County of Kern, State of Cali- fornia as per Map recorded May 21, 1976, Book 16, Page 4 of Parcel Maps in the Office of the County Recorder. 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. .......... 000 .......... I }{EREBY CERTIFY that and adopted by the Council of the meeting thereof held on the 15th the followinq vote: the foregoing Ordinance was passed City of Bakersfield at a regular day of February , 1984, by CItY C~ERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROV~ this 15%h day of February , MAYORz o~ Bake rs field 1984 APPROVED as to form: C I ATTO~~Of the~y o-~Bakersfield AJS/bl 8. WESTWIND HOMEu,,~,:RS 1. Dwyer 8. Van Kirk 15. Maniaci 2. Handy 9. Piper 16. Farley 3. Griffin 10. Fleming 17. Fultz 4. Krauter ll. Slankard 18. Oavi$ 5. Neece 12. Icardo 19. Hair 6. Lum 13. Osborn 20. Campbell 7. George 14. Schaefer 21. PiKe ~L '/ [~3~,~. , ~ / ~ ,.~h3v.,,,~ ~ .,'~ .?L Zone Change ~4047 ~.c.~. to ~.c.~. 4821 Ming Avenue Ming Avenue C~ristian Church .......................... Aff av t of osfing (Ordinances STATE OF CALIFORNIA, t County of Kern ss. MARGUERITE 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 om ...............................~....e...b...~T_u...~.?.y.......1...6.. .........................................................19...~..~... 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 ......... .~.~.~..r....u_a_r..~f......~.5. .........................................., 19.~.~...., which ordinance was numbered. .............J..~.9 .................New Series, and entitled: 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 ~$21 MING AVENUE, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND MAKING FiNDiNGS IN CONNECTIGN WiTH P.C.D. ZONE. Subscribed and sworn to before me this