Loading...
HomeMy WebLinkAboutORD NO 2743ORDINANCE NO. 2743 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, COMMONLY KNOWN AS 4821 MING AVENUE, 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 use zoning on the property hereinafter described; to change the land and WHEREAS, 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 ]7.54.030 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 the hereinafter-described authorized; and WHEREAS, the City the following findings: 1. That the public necessity, at the hearing for a change of zoning of property, that a zoning change should be Council has considered and hereby makes convenience, general welfare and good zoning practice justify the change of zone from R-1-CH to P.C.D.; 2. That the applicant, GLENDALE BONNY, 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 60-80 on March 19, 1982; will be and community; 5. That the commercial and professional development in harmony with the character of the surrounding neighborhood proposed the type 6. That this type of development is needed 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 zone is in excess of one (1) acre as of the Municipal Code; 9. That the mitigation measures 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: above recitals are true and correct and are 1. The hereby adopted. 2. The for rezoning to a P.C.D. required by Section 17.54.110 Preliminary Development Plan and accompanying documents, as submitted, are approved and adopted subject to the following mitigation measures which are made additions to the Landscape plan shall be submitted, ap- proved by the Planning staff, and implemented along with providing under- ground irrigation system prior to a final building inspection. Sewer plan shall be submitted and ap- proved by the Public Works Department prior to construction. Plan: Drainage and grading plans shall be submitted and approved by both the Public Works Department and Building Department prior to construction. Permit from the Public Works Department shall be obtained prior to any work within the street rights-of-way. A $350 per acre sewer connection fee shall be paid. The type and location of refuse fa- cilities are to be determined in con- sultation with the City Sanitation Division. A six-foot by eight-foot concrete pad shall be constructed at each bin location. Under Resolution 68-78 and Municipal Code Section 16.24.124(b)(13): 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. Two fire hydrants 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 information, fire flow requirement may be 3,000 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 con- struction. A comprehensive sign plan for the complete project shall be submitted and be approved at the time the final development plan is approved. ~nstall a six-foot high masonry wall adjacent to the abutting residentially- zoned properties as shown in RED on file copy of the plot plan. All two-way drive isles shall be 24- foot minimum width and with parking adjacent 25-foot minimum width. Both driveways on Canter Way shall be widened to a 42-foot width top-to-top and the adjacent driveway throat area shall be widened to accommodate wheel path turning radius. 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 12th day of May , 1982, by the following vote: AYSS: COUNCILMEN: BARTOn,, CHRISTENSEN, MEANS, PAYNE, RATJ'Y, ROCKOFF, STRONG CITY CLERK and Ex/Officio Clerk of the Council of the City of Bakersfield APPRO~ this 12th day of ~4AYOR/of the C~ty of Bakersfield , 1982 APPROVED as to form: CIT~ ATTORN~Fof the City of Bakersfield mm 5. WESTWIND HOMEOl RS !. [~wyer 8. Van Kir~ 15. Maniaci 2. Handy 9. Piper 16. Farley 3. Griffin 10. Fleming 17. Fultz 4. Krauter ll. Slankara 18. Mcintosh 5. Neec~ 12. Icardo 19. Hair 6, Lun/ 13. Osborn 20. lampbell 7. George 14. Schaefer 2t. Bridges L: / f / Affi av of ]os ing (gri inanres 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 ...............i~...a..y........1.._7...~ ....................................................................................., 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 ..............~!.2Y......~..2. ................................................................19_.82,., which ordinance was numbered_ ...........2..~.~..~ .......................New Series, and entitled: 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, commonly known as 4821 Ming Avenue, approviml fhe prelim. inary Development Plan and mak:[ng findings in connection with P.C.D. Zone. '/City ClerkS- Subscribed and sworn to before me this ..~-..1~...... day of ..........~'a~y ...........................