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 ...........................