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HomeMy WebLinkAboutORD NO 2684ORDINANCE NO. 2684 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 LOCATED ON THE NORTHWEST CORNER OF WILSON ROAD AND REAL ROAD, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND MAKING FINDINGS IN CONNECTION WITH P.C.D. ZONE. WHEREAS, provisions of Title field, the Planning change the land use in accordance with the procedure set forth in the 17 of the Municipal Code of the City of Bakers- Commission held a public hearing on a petition to 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 at the hearing for a change of zoning of the hereinafter-described property, that a zoning change should be authorized; and 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 to P.C.D.; 2. That the applicant 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 accordance with the City Council Resolution 60-80 on .July 24, 1981; with the in 5. That the commercial development will be in harmony 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 improvement and by provisions in the plan for proper entrances and exits and by internal provisions for traffic and parking; 7. That the development, based upon a harmonious and integrated plan, justifies exceptions from the strict application of this Code with the limitation of uses upon which it is proposed to be conditioned; 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 subject to the following additions to the Plan: 1) Landscape plan shall be submitted for review and approval by the Planning Department, and shall be implemented prior to final building inspection. 3) 4) 5) 6) 7) 8) 9) 10) 11) Size and locations of refuse bins to be determined by the Sanitation Division. An overall comprehensive sign plan shall be established to meet standards of the City of Bakersfield Sign Code and shall be reviewed and approved by the Planning Commission. All buildings over 10,000 square feet shall have sprinkling systems in con- formance with the City of Bakersfield Building Codes. All conditions of Parcel Map 5179 shall be complied with prior to con- struction or issuance of building permits. Seven fire hydrants are required. Water mains are to be I.S.O., and City requirements with dead-end mains no less than eight inches in size. Based upon available information, fire flow requirement may be 3000 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. Under Resolution 68-78 and Municipal Code Section 16.32.070(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. Curb, gutter, sidewalk, driveways and paving to be installed to City standards. All curb breaks shall be 42 feet wide at the top. A six-foot masonry wall is required on North property line. No building shall be built within 40 feet of the West property line. Buildings that back up to the Westerly property line shall not exceed 25 feet in height. Developer is to construct along the West side an eight-foot high masonry wall adjacent to the residential lots and a six-foot high masonry wall along the alley stopping 15 feet North of Wilson Road right-of-way. 12) Developer is to put in 15 gallon ever- green trees on 20-foot centers in the tree wells along the Westerly fence line. 13) Property is to be restricted against automotive garages and cocktail lounges. This is not to restrict the sale of alcoholic beverages in conjunction with a restaurant or dinner house. 14) All lighting shall be deflected from shining or lighting up the residential area to the West. 15) Trash bin enclosures shall be masonry and shall be no closer than 30 feet from the Westerly wall and no more than six feet in height. 16) Air conditioning units shall be either within the buildings or be on the front part of the roofs and be baffled for sound and screened from view from the residents to the West. 17) Vehicular speed behind all of the shops shall be limited to 10 mph. 18) Concrete blocks shall be earth tones and shall be of non-reflective colors. 19) The businesses occupying the develop- ment will not create unreasonable night-time noises. It is understood, though that usual commercial noises of the development will be exempt from restriction. This restriction will be from 9 p.m. to 6 a.m. 20) The parking area abutting Building F shall be redesigned so there will be conflicts with the driveway traffic during backing movements from these spaces. no 21) Rear building elevations (both West and North elevations) shall be designed to screen all air conditioning and other roof equipment and to have final approval by the Planning Commission. 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 an R-1 (One Family Dwelling) 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 TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE, CONSISTING OF 69,831 SQUARE FEET OF COMMERCIAL LEASE SPACE: Parcels 1, 2 and 3 of Parcel Map 5179, City of Bakersfield, County of Kern, State of California as per map recorded August 10, 1979 in Map Book 23, Page 75, Office of the Kern County Recorder. 6. 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. ......... o0o ......... 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 20%h day of January , 1982, by the following vote: CITY CLERK affd Ex/Officio Clerk of the Council of the City of Bakersfield APPROVED this 215t day of January l'// , , ~"" , ;'?. MAYOR g[ the city of Bakersfield , 1982 APPROVED as tp form: ~' /-;' --'"1 / A~tin~ ~ A~ORH/~ ~t~ C~, of Bakersfield AJS:mm 6. WILSON ROAD ,.. 1% Z O0' FILE 3634 roy's RE,~LT¥ CO.. N.W. COR. OF REAL WILSON RD. ~"RO0' R-$-D ZC AND. R-I TO R C.D. Affi av of osnng r inan 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 oa .............J....~..~..~...~...r..~....~_~. ............................................................................,19....~...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 .............~.~..n....u...~..r...~.....~..Q.z ..........................................., 19...8..-2....., which ordinance was numbere~ ............~..~..~ .....................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 o~ that certain property ~ocated on the Northwest corner of Wilson Road and Real Road, approving the Preliminary Development Plan and making findings in connection with P.C.D. Zone. Subscribed and sworn to before me this 22nd January 82 ....... day of .............~;~ ............................,19 ........ ...... .(..~ ._~..~ ........~.z~ ..~......._~ ........................