Loading...
HomeMy WebLinkAboutORD NO 2753ORDINANCE NO. 2753 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, LOCATED APPROXIMATELY ONE-HALF MILE WEST OF ENTRANCE TO KERN CANYON ON THE NORTH SIDE OF STATE ROUTE 178, 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 to change the land use zoning on the property hereinafter described; and WHEREAS, the City Council has determined, after due con- sideration of said application consisting of a Preliminary Develop- indicating the matters required by Section 17.54.030 of the Code, together with a plot plan, photos and maps and a ment Plan Municipal statement pertaining to allowable uses and conformance to Plan, and all other matters as required by law, and after considered the recommendations of the Planning Commission, the General having together with the reasons advanced the hereinafter-described authorized; and at the hearing for a change of zoning of property, that a zoning change 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 R-1 and R-2 to P.C.D.; 2. That the applicant, DALE G. SCALES, 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 recreational development substantially conforms to the General Plan; 4. That a Negative Declaration was filed ~nd posted in accordance with the City Council Resolution 60-80 on April 23, 1982; 5. ~'hat the commercial recreational development will be in harmony with the character of the surrounding neighborhood and community; proposed the type 6. ~'hat this type of development is desirable at this location to provide adequate commercial facilities of 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 mitigation measures recommended by the Planning Commission are appropriate to this should be adopted and imposed thereon; NOW, THEREFORE, BE IT ORDAINED by City of Bakersfield as follows: 1. The above recitals are true hereby adopted. 2. The development and the Council of the and correct and are Preliminary Development Plan and accompanying documents, as submitted, are approved and adopted subject to the following mitigation measures which are made additions to the Plan: a) All structures, except the small storage rooms and chapel, shall have automatic fire sprinkler systems installed to the specification of the Fire Marshal prior to final building inspection. b) c) g d) Fire hydrants required: Three (3) Water mains are to be I. S. ©. and City requirements with dead-end mains no less than 8" in size. Based upon available information, fire flow requirement may be 1500 gallons per minute· Under Res. 68-78 and Municipal Code: All subdividers and all persons otherwise required to furnish fire hydrants are hereby required 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. Pursuant to Sects. 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. An on-site sewage disposal system, giving special attention to the potential effects on groundwater and the alignment of bedding planes with relation to the Kern River, shall be approved by the Kern County Health Department and the Bakersfield Building Department. Provide an engineering report analyzing potential flooding by the on-site stream with consideration for all off-site factors, including existing culverts and the irrigation reservoir located upstream. This report shall identify any on or off-site mitigation necessary to reduce flood potential on subject property. These mitigating measures, if any, shall be incorporated into the final development plans to the satisfaction of the City ~uilding Department and Public Works Department prior to approval of the final development plans. All flood control measures, if any, ~hall be implemented to the satisfaction of the City's Building Department, Public Works Department and the California Department of Transportation. Additional right-of-way for an ultimate 110-foot width shall be dedicated to the City along with any additional dedication for turn lanes, as may be required by the City Traffic Authority or by the ~tate. !Jtreet paving of State Route 178 for turning lanes shall be as required by California Department of Transportation. Improvement plans shall be submitted and ~pproved by the California Department of Transportation and the City's Public Works Department. h) Additional street paving not required by Caltrans but required to meet City standards; curb, gutter and 5.5-foot wide sidewalk shall be constructed along State Route 178. These improvements are deferred until future adjacent development occurs. Improvement agreement and bond guaranteeing the future installation of the improvements is required. i) Gates are to be to City standards. j) All driveway widths to be as determined by City Engineer. k) The 1000-gallon tanks for propane, diesel fuel and gasoline shall be installed to the specifications provided by the Fire Marshal. 1) All signage shall be reviewed and approved by the Planning Commission prior to issuance of any sign permits. m) The parking spaces along the West property line shall be moved a distance of 10 feet from property line, or conform to Section 17.40.020(b). n) The Final Development Plan shall be submitted for approval to the Planning Commission within eighteen (18) months from the effective date of this zone change. o) The domestic water supply system shall be approved by the Kern County Health Department prior to approval of the final development plans. p) The restaurant plans shall be approved by the Kern County Health Department prior to obtaining a building permit. and this Council hereby approves and adopts the aforesaid Negative Declaration. 3. ~'he 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 One Family Dwelling (R-i) Zone and a Limited Multiple Family Dwelling (R-2) 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 (ONE FAMILY DWELLING) ZONE AND AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOP- MENT) ZONE FOR AN EXCLUSIVE PRIVATE RESORT WITH THIRTY-ONE (31) SUITES: All that portion of the North Half of Section 6, Township 29 South, Range 30 East, M.D.M., County of Kern, State of California, Being more particularly described as follows: Commencing at the North Quarter corner of said ~ection 6; Thence South 00017'08" East on and along the North-South Mid-Section line thereof, 1093.76 feet; Thence South 80°25'41" West, 348.54 feet; Thence South 80005'24" West, 428.20 West; Thence South 70030'45" West, 303.10 feet to the true point of beginning; Thence (1) North 89031'55" East, 271.09 feet; Thence (2) South 10028'53" East, 295.75 feet; Thence (3) South 84032'43" East, 444.01 feet; Thence (4) South 45035'03" East, 85.29 feet more or less to a point on the Northerly line of State Highway 178; Thence (5) on and along said northerly highway line, South 57040'53" West, 1335.33 feet; Thence (6) North 00022'26" West, 1001.91 feet; Thence (7) South 89031'55" West 13.00 feet; Thence (8) North 00022'26" West, 100.00 feet; Thenc~ (9) North 89031'55" East, 320.87 feet more or less to the true point of beginning. Containing 15.66 Acres. 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 ......... 5e I HEREBY CERTIFY that the foregoing and adopted by the Council of the City of Bakersfield meeting thereoi held on the 9th day of June the following vote: Ordinance was passed at a regular , 1982, by CITY Ex Officio Clerk of Council of the City of Bakersfield the APPRO~/E~,Tthis 9t~_ day of June , ~AYOR o~/the Cit~ of Bakersfield 1982 APPROVED as to form: C]~¥ ~OR~¥ ~f 'the C~ty of Bskersfield mm 6. HOUSE Aff auil of osfing ( r inan 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 that on June 11, l_q 82 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 .~.~..n....e.......?..: ....................................................., 32 ...... 19 ............which ordinance 2753 was numbered_ ...........................................New Series, and entitled: An Ordinance of the Council of the City of Bakersfield amending Section ]7.06.020 of Title 17 of the Municipal Code Chan~;ing the Land Use Zoning of that certain property in the City of Bakersfield, located approximately one-half mile went of entrance to Eern Can~on on the north s~de of Sta~e Rou~e ~78, approving the Preliminary Development Plan and ~aking findings ~n connection w~th P.C.D. Zone. ! Cit/y Clerk Subscribed and sworn to before me this