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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...~.~ .... " .......