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~ ..~......._~ ........................