HomeMy WebLinkAboutORD NO 2813ORDINANCE NO. 2813
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE
MUNICIPAL CODE CHANGING THE LAND USE ZONING OF
THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD
LOCATED AT THE SOUTHEAST CORNER OF THE INTER-
SECTION OF PLANZ ROAD AND STINE ROAD 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 held a public hearing on a
petition to change the land use zoning on the property hereinafter
described by amendment of two (2) conditions included in the
original P.C.D. zoning; and
WHEREAS, the City Council,
appeal by Michael D. Cutbirth to the
after a public hearing on an
decision of the Planning
Commission denying the request to remove a condition prohibiting
a left turn onto Stine Road from the major entrance to the shopping
center, has determined, after due consideration of said application
and appeal, consisting of a Preliminary Development Plan indicating
the matters required by Sections 17.54.030 and 17.54.120 of the
Municipal Code, together with a plot plan, photos and 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 to the extent specified hereinbelow;
and
WHEREAS, the owner of the property hereby rezoned has
contracted to perform the condition re closing of the median and
elimination of left turn movements set forth in paragraph no. 2,
below, and has provided contract security in the amount of Four
Thousand Dollars ($4,000.00) in guarantee thereof; and
WHEREAS, the City Council has considered and hereby
makes the following findings:
1. That the public necessity,. convenience, general
welfare and good zoning practice justify the change of zone from
P.C.D. to an amended P.C.D.;
2. That the applicant does intend to start construction
within two and one-half (2-1/2) years from the effective date of
the adoption of the ordinance initially zoning as P.C.D. the
property hereby rezoned;
3. That the proposed amended Planned Commercial Develop-
ment substantially conforms to the General Plan;
4. That the Environmental Impact Report approved by
the City Council of the City of Bakersfield in Resolution No. 13-
79 on January 31, 1979 remains as an accurate and objective
evaluation of environmental considerations and mitigation measures,
in compliance with the California Environmental Quality Act, the
State CEQA Guidelines and City of Bakersfield Resolution 60-80,
with respect to the requested amendments;
5. That the amended commercial 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 c~nmercial 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 development, based upon a harmonious and
integrated plan, justifies exceptions from the strict application
of this Code;
8. That the area proposed for rezoning to an amended
P.C.D. zone is in excess of one (1) acre as required by Section
17.54.110 of the Municipal Code.
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 amended Preliminary Development Plan and accompany-
ing documents, as submitted, are approved and adopted, including
the seventeen (17) additional conditions imposed by Ordinance No.
2630 New Series, subject to the following:
1)
That the Preliminary Development Plan,
with modifications to the circulation
plan allowing southern access to Stine
Road and vehicular access off future
Beechwood Street to the rear of the
commercial building complex, is approved.
2)
That the requested amendment to permit a
left turn movement onto Stine Road from
the Planz Village Center's major entrance
is approved, subject to the limitation
and condition that the median opening
allowing such turn movement be closed
within six (6) months from the date the
first business in the Center opens for
business.
3)
Nine (9) fire hydrants are required and,
based upon revised development plan, the
fire flow requirement is forty-five
hundred (4,500) gallons per minute.
3. The Preliminary Development Plan, as approved by
Ordinance No. 2630 New Series, except as expressly amended herein,
is 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: changing the zoning boundaries from a
P.C.D. (Planned Commercial Development) Zone to an amended P.C.D.
(Planned Commercial Development) Zone of that certain property in
the City of Bakersfield, being more particularly described as
follows:
e
FROM A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT)
ZONE TO AN AMENDED P.C.D. (PLANNED COMMERCIAL
DEVELOPMENT) ZONE:
Parcel 1 of Parcel Map 5400, City of Bakersfield,
County of Kern, State of California, as per
map filed October 16, 1979 in Book 23, Page
182 of Parcel Maps in the Office of the Kern
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 ~ts passage.
......... o0o .........
I HEREBY CERTIFY that the
and adopted by the Council of the City of
meeting thereof held on the 16th day of
the following vote:
foregoing Ordinance was passed
Bakersfield at a regular
February , 1983, by
AYES: COUNCILMEFh BARTON, CHP[STFNSEN, MFANS, PAYF4E, PAKFY, ROCKOFF, STRONI(~
Council of the C"~t;-g~ ~akersfield the
, 1983
APPROVED as to form:
CIT TTORN~ o~[ the ~,r%y o~ Bakersfield
AJS:mm 4.
BE£CHWOOD ~
ZC..
..CUD. t~
Aff av t of ost ng (Or tnau es
STATE OF CALIFORNIA, 1
County of Kern ss.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that oa ..................~..~...b....r...u....~..r...~_.....2..~..,. .....................................................................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 ........~_~.~.~.~.~..r..y......~..~. ................................................, 19...~_.3...., which ordinance
was numbere([ ...........?.~..~? ........................New Series, and entitled:
An Ordinance of the Council of the City of
Bakersfield amending Title Seventeen of the
Municipal Code changing the Land Use Zoning o£
that certain property in the City of Bakersfield
located at the southeast corner of the inter-
section of Planz Road and Stine Road and making
findings in connection with a P.C.~. Zone.
Citz~ Clerk~-~
Subscribed and sworn to before me this
.2.3.~.d. _. day of ........F.~.I~.r..~:.~'.~.Y ........................,19...~.~
.... " .......