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HomeMy WebLinkAboutORD NO 2777ORDINANCE NO. 2777 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.06.020 OF TITLE 17 OF THE MUNICIPAL C©DE CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD, LOCATED AT 5101 MING AVENUE, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND MAKING FINDINGS IN CONNECTION WITH P.C.D. ZONE. WHEREAS, provisions of Title field, the Planning in accordance with the procedure set forth in the 17 of the Municipal Code of the City of Bakers- Commission has held a public hearing on a petition to change and the land use zoning on the property hereinafter described; WHEREAB, 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 1'7.54.030 of the Municipal Code, to(]ether with a plot plan, statement pertaining to allowable uses and Plan, and all other matters as required by considered the recommendations of the Planning Commission, together with the reasons advanced at the hearing the hereinafter-described property, that authorized; and photos and maps and a conformance to the General law, and after having B~EREA~, the City Council bas 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 R-1-CH to P.C.D.; 2. That the applicant, CENTRAL FEDERAL SAVINGS AND LOAN, 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; for a change of zoning of a zoning change should be 4. That a Negative Declaration was filed an.~ posted in accordance with the City Council Resolution 60-80 on J~31y 2, 1982; 5. That the commercial and professional will be in harmony with 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 development the character of the surrounding neighborhood for proper entrances and exits, and by traffic and parking; 7. That the development, as internal provisions for proposed, constitutes a harmonious, integrated plan and justifies exceptions from the normal application of the Municipal Code; 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: 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. Drainage from this development shall be collected on site and transported via a storm drain system to an existing catch basin at the Southeast corner of Ming Avenue and New Stine Road. b. Sewer service is available in Sherman Avenue, Surrey Lane, and Lamar Court. The developer shall be required to e~tend the sewer line to serve the development. for rezoning to a P.C.D. required by Sectien 17.54.110 Ce Ingress/egress 20-foot radius approaches. drives shall have either returns or 42-foot drive Building Department requires a Preliminary Soil Report and an approved Grading Plan prior to any grading work. ~ Final Soil Report will be required prior to the issuing of building permits. Gas, electrical, telephone and cable TV service shall be provided to the develop- ment as per Section 16.32.070B6 of the Municipal Code of the City of Bakersfield. Water service for both domestic use and fire protection shall be provided to each lot prior to the filing of the final map. If the subdivider elects to enter into an agreement and post security for providing water service, then, pursuant to Sections 13.301c and 13.301d of the Uniform Fire Code, all water mains and fire hydrants shall be completed, tested, and accepted prior to building construction. Under Resolution 68-78 and Municipal Code Section 16.32.070B13: All subdividers and all persons required to furnish fire hydrants are to purchase the fire hydrants, hydrant burys, necessary bury extensions, and all necessary bolts and gaskets from the City of Bakersfield, and pay the total cost thereof. Four fire hydrasits are required. Water mains are to be I.S.O., and City requirements with dead-end mains no ]ess than eight inches in size. Based upon available flow requirement may per minute. information, fire be 3,000 gallons A permit from Public Works is to be ob- tained prior to start of any construction in the right-of-way. Site plan is to accompany permit application. Temporary construction trailer to be ap- proved by the Building Department prior to installation. Buildings with total floor area in excess of 10,000 square feet shall be constructed with automatic sprinkler protection system. Provide two, three-cubic-yard refuse bins each to be on an 8'x6'x4" concrete pad at grade level of parking lot. All lights (indoor and outdoor) shall be shielded away from existing residential uses. Off-street parking meeting the require.- ments of Chapter 17.58 of the Bakersfield Municipal Code shall be provided. The Final Development Plan shall be sub- mitted for approval to the Planning Com- mission within 18 months from the effective date of this zone change. 3. The Preliminary Development Plan is incorporated into this Zoning] Ordinance by reference as fully as though set forth herein. 4. The Zoning ~ap 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 One Family Dweliing-Church (R-1-CH) Zone to a Planned Commercial Development (P.C.D.) Zone of that certain property in the City of Bakersfield, being more particularly described as follows: FROM AN R-1-CH (ONE FAMILY DWELLING-CHURCH) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOP- MENT) ZONE: That portion of the Northeast Quarter of Sectiron 10, Township 30 South, Range 27 Fast, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of Cali- fornia, according to the Official Plat thereof, more particularly described as follows: Beginning at the Northeast corner of said Section 10; Thence South 00~04'50" East, along the East line of said Section 10, a distance of 55.98 feet; Thence Southwesterly along a non-tangent curve, concave to the Southeast, having a radius of 2,800 feet, through a central .angle of 08045'53", an arc length of 428.33 feet; Thence South 19040'29" East, a distance of 5.00 feet; Thence Southwesterly along a non-tangent curve, concave to the Southeast, having a radius of 2,795.00 feet, through a central angle of 04°15'03", an arc length of 207.36 :feet; Thence South 66004'28" 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 346.5q feet; Thence Southeasterly along a non-tangent curve, concave to the Northeast, having a radius of 2,200 feet, through a central angle of 04°20'15", an arc length of 166.56 feet; Thence South 20034'54" East, a distance of 295.57 feet; Thence North 69025'06" East, a distance of 380.47 feet; Thence North 23055'32" West, a distance of 483.00 feet to the True Point of Beginning. EXCLUDING THEREFROM the right-of-way of Ming Avenue and New Stine Road. 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. I and adopted meeting thereof held on the the following vote: ......... o0o ......... HEREBY CERTIFY that the foregoing Ordinance was passed by the Council of the City of Bakersfield at a regular 1st day of September , 1982, by C~T¥ C~RK ~nd B~ officio Clerk of the Council of the City of Bakersfield APP D this 1st day of September, MAY~,~f the .ity of Bakersfield 1982 APPROVED as to form: of Bakersfield mm 5. Affi avt! of Iosttng ( r tnan es STATE OF CALIFORNIA, t C~unty 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 or~ ...............S....e..19...E..e._.m....b....e..~'_....2. ........................................................................,19......8...'.2.. 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 .........S..~.~.~.?....n_~.~.~..r._.._~..z. .............................................., 19.....~.3...2, which ordinance was numbere~......_~..~.7..~ ..................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AllENDING 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, LOCATED AT 5101 ~ING AVENUE, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND MAKING FINDINGS IN CONNECTION WITH P.C.D. ZONE. City Clerk Subscribed and sworn to before me this 2nd . ~ September .^ 82