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Home My WebLink AboutORD NO 2730ORDINANCE NO. 2730 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 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 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- 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 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-4- D to P.C.D.; 2. That the applicant, DALE AYCOCK, 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 February 19, 1982; 5. That the commercial and professional development will be in harmony with the character of the surrounding neighborhood 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 improvemen~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 sub~iect to the following additions to the plan: 1) Alternative public access to the Northern Half of the site in addition to access via 34th Street shall be provided. All access proposals shall be designed to the satisfaction of the Traffic Engineer. 2) Drainage and grading plans shall be submitted and approved by the Public Works Department and Building Depart- merit, prior to construction. 3) Sewer service is available in 34th Street. The developer shall extend sewer line from 34th Street to each unit in the development. the 4) Easements for public utilities and canal shall be determined by the developer in consultation with the utility company. 5) A $350 per acre sewer connection fee shall be paid. 6) Curb, gutter, and 5.5-foot wide side- walk shall be constructed to City standards along 34th Street. 7) 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. 8) Gas, electrical, telephone, and Cable TV services shall be provided to each lot as per Section 16.32.070(B)(6) of the Subdivision Ordinance of the Muni- cipal Code of the City of Bakersfield. 9) 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. Ten 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 2,500 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. 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 One Family Dwelling (R-I) Zone and a Multiple Family Dwelling- Architectural Design (R-4-D) 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 FROM AN R-4-D (MULTIPLE FAMILY DWELLING- ARCHITECTURAL DESIGN) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE FOR A MEDICAL OFFICE CONDOMINIUM COMPLEX CON SISTING OF FIVE BUILDINGS CONTAINING A TOTAL OF 91,470 SQUARE FEET OF FLOOR AREA: Being a parcel of land situated in the Northeast Quarter of Section 19, Township 29 South, Range 28 East, M.D.B.&M., more par- ticularly described as follows: Commencing at the intersection of the centerline of 34th Street and the centerline of Union Avenue, said point being 92.62 feet North of the East Quarter corner of said centerline of 34th Street; Thence North 89043'40" West, Thence North 13°54'10" West, the North right-of-way line and the Point of Beginning; Thence North 89043'40" West, Thence North Thence North Thence South Thence North Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence South 524.19 feet; 42.59 feet to of 34th Street 72.20 feet; 13°54'10" West, 58.26 feet; 13057'42" West, 1,406.82 feet; 89043'42" East 127.51 feet; 20°43'18" West 397.05 feet; 89026'34" East 208.43 feet; 13054'37" East 83.12 feet; 14006'05" East 194.21 feet; 13016'05" East 85.63 feet; 22051'32" East 102.11 feet; 26°08'14" East 81.37 feet; 30012'44" East 132.13 feet; 30°47'14" East 164.91 feet; 28°44'11" East 118.95 feet; 22025'08" East 87.07 feet; 13°57'51" East 93.49 feet; 00°55'18" West, 88.53 feet; 07°08'17" West, 175.67 feet; 05027'20" West, 50.62 feet; 01032'04" East, 57.14 feet; 05019'00" East, 124.16 feet; 01059'30" East, 136.13 feet; 07042'08" West, 58.62 feet; 15013'09" West, 54.59 feet to the North right-of-way line of 34th Street; Thence along said right-of-way North 89043'40" West, 163.65 feet to the True Point of Beginning. 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 14%h the following vote: ......... o0o ......... HEREBY CERTIFY that the foregoing Ordinance was passed by the Council of the City of Bakersfield at a regular day of April , 1982, by AYES: COUNCILMEN: lIARTON, CHI~ISTENSEN, MEANS, PAYNE, I~A'J~'~, ROCKC)PF, $TROJqG r~ o ES;_____CO__U_:~.!. ~,~ ~:~ /'1 ~ APPROVED this ]4th day of April M:~~f the Cfty of a ers ie , 1982 APPROVED as to form: ATTORN~F of the City Bakersfield mm 5. 40Ib STREET 38~-' STREET 77J~ STREE1 /~EMORI4L iI $-T R E E q' HOSPITAL ,/> MINER ~' ~'r2 '-- THELMA Cqf~ Z IRENE Af av of os ng r uau es STATE OF CALIFORNIA, ~ County of Kern ~ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on. ...........................$..~..~..~..1.......1_~.~ ......................................................................, 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 ....................A..!?...r....i....1.......~.~.~ ...............................................19....~..2..., which ordinance was numbere&.......~.~..~..Q. ...................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 222 - 34th Street, approving the preliminary Development Plan and making findings in connection with P.C.D. Zone. i Subscribed and sworn to before me this Marguerite Anderson