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HomeMy WebLinkAboutORD NO 2812ORDINANCE NO. 2812 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 1'7.06.020 OF TITLE 17 OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD, COMMONLY KNOWN AS 222 34TH STREET, 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 the land use zoning on the property hereinafter petition to change described; and WHEREAS, sideration of said the City Council has determined, after due con- 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, 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 the hereinafter-described property, that authorized; and for a change of zoning of a zoning chang~ should be 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 a P.C.D. (Planned Commercial Development Zone) to a Revised P.C.D. (Planned Commercial Development) Zone; 2. That the applicant, SAN DIMAS PROPERTIES, 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. 60-80 on D~cember 23, 1982; 5. That the commercial and professional development will be in harmony with the character of the surrounding neighbor- hood 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 development, as proposed, constitutes a harmonious, integrated plan and justifies exceptions from the normal 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 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: 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 plan: a) A 25-foot minimum width on access aisle to church property at North end. b) A 25-foot minimum aisle width ad- jacent to 90-degree parking as shown in red. o c) d). e) f) g) n) i) Move trash location to West end of service drive and provide a 6'x8' concrete pad area for each bin. All conditions on Tentative Parcel Map 6822 shall be complied with prior to start of construction. Relocate existing hydrant ~115 feet North of existing location as shown in RED on plot plan. Access drive at West boundary designated as a fire lane and posted. to be Fire hydrants required - one. Water mains are to be I.S.O. and City requirements with dead end mains no less than eight inches in size, Based upon available information fire flow requirement may be 2,000 gallons per minute. Pursuant to Sections 13.301c and 13.301d 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. Under Resolution No. 68-78 and Municipal Code Sections 16,32.070(A) and 16.32.070(B) (13): All sub- dividers and all persons otherwise required to purchase the required fire hydrants, hydrant burys, necessary bury extensions and all necessary bolts and gaskets, from the City of Bakersfleld and install all hydrants no more than six inches above permanent line and grade and pay the total cost thereof. The parking area shall be redesigned to City standards to accommodate one car per 100 square feet of floor area for medical offices as per Section 17.58 of the Zoning Ordinance. All parking spaces directly off the fire lane shall be designated for employees parking only. 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 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 Planned Commercial Development Zone to a Revised Planned Commercial Development (P.C.D.) Zone for that certain property in the City of Bakersfield, being more particularly described as follows: FROM A P.C.D. (PLANNED COMMERCIAL DEVELOP- MENT ZONE TO A REVISED P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE CONSISTING OF A ONE-STORY 10,823 SQUARE-FOOT MEDICAL OFFICE STRUCTURE: That portion of the northeast Quarter of Section 19, Township 29 South, Range 28 East, M.D.B.M., in the City of Bakersfield, County of Kern, State of California, according to the Official Plat thereof on file in the Office of the Surveyor General, more particularly described as follows: Commencing at the East One-Quarter corner of Said Section 19, a point in the centerline of Union Avenue; Thence along the East line of Section 19 and the centerline of Union Avenue, North 00°04'10" West, 92.62 feet, to the point of intersection with the centerline of 34th Street; Thence along the centerline of said 34th Street, North 89043'40" West, 381.27 feet; Thence North 14017'33" East, 42.52 feet to a point on the northerly right-of-way of 34th Street; Thence North 15o13'09" East, 54.60 feet; Thence North 7042'08" East, 58.62 feet; Thence North 1°59'30" West, 136.13 feet; Thence North 5°19'00" West, 10.38 feet to the True Point of Beginning; Thence continuing North 5°19'00" West, 113.78 feet; Thence North 1°32'04" West, 57.14 feet; Thence North 5027'20" East, 50.62 feet; Thence North 7°08'17" East, 104.12 feet; Thence North 83°28'51" West, 208.85 feet; Thence South 7045'59" East, 125.55 feet; Thence South 15o05'00" East, Thence South 89043'40" East, the True Point of Beginning. Containing 230.78 feet; 124.80 feet, 1.25 Acres, More or Less. to 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 HEREBY 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 16th day of February , 19 8__~, by the following vote: ............ ,n~h~ ,..~ 1 ' //' CITY CLERK ar/d Ex/Officio Clerk of Council of the City of Bakersfield the APPRO~-~ this 16th day of February , 1983 the Ciby of Bakersfield APPROVED as to Form: CIT~ ATTO~Y of the City of Bakersfield bl 5. Aff avtt of 1osting r nau es STATE OF CALIFORNIA, f 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 February 22 $3 that oa ...........................................................~ .................................................................., 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 ...................~.b_y_~..a.~.~.....~.~ ...................................., 19....8._~..., which ordinance was numbere~ ..............~..8._~.~ ......................New Series, and entitled: An Ordinance of the Council of the City of Bakersfield amending Section 17.06.020 of Title 17 of the Municipa~ Code changing the Land Use Zoning of that certain property in the City of Bakersfield, commonly known as 222 - 34th Street, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. City Clerk Subscribed and sworn to before me this 23rd -- _~ February ~ 83