The URL can be used to link to this page

Home My WebLink AboutORD NO 2679ORDINANCE NO. 2679 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.12.020 OF TITLE 17 OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED ON THE SOUTHEAST CORNER OF CALIFORNIA AVENUE AND EAST MOHAWK STREET AND MAKING FINDINGS IN CONNECTION WITH A 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 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 17.47.030 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 A 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 in accordance with the City Council Resolution 60-80 on October 23, 1981; 5. That the c~mmercial 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 improvements 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 normal application of this code; 8. That the area proposed for rezoning to a P.C.D. zone is in excess of one acre as required by Section 17.47.110 of the Municipal Code. 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: a. Landscape plan shall be submitted for review and approval by the Planning Department and shall be impl~ented prior to final building inspection. b. Size and location of refuse bins shall be determined by the Sanitation Division of the Public Works Department. c. All signage shall have Planning Com- mission review and approval. Five and one-half-foot wide sidewalks shall be constructed along California Avenue and East Mohawk Street. Grading, drainage, and sewer plans shall be approved by the Building and Public Works Departments prior to con- struction. Parking area shall be redesigned as shown in RED on file copy of site plan. Six-foot high masonry wall shall be constructed along east property line as shown in RED on file copy of site plan. Drive approach shall be widened to a 42-foot minimum (top-to-top). Automatic fire extinguishing sprinkler system shall be required for all build- ings. Oil well site shall be fenced to City standards. All outdoor lighting shall be designed to avoid shining directly onto the ad- jacent residential property to the east. Under Resolution No. 68-78 and Muni- cipal Code Section 16.24.124(b) (13): All subdividers and all persons re- quired to furnish fire hydrants are to purchase the required fire hydrants, hydrant burys, necessary bury exten- sions and all necessary bolts and gaskets from the City of Bakersfield and pay the total cost thereof. 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. Three 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 2,500 gallons per minute. 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 17.12.020 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 frc~ an A (Agricultural) 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 A (AGRICULTURAL) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE, CON- SISTING OF A MOTEL, RESTAURANT AND COCKTAIL LOUNGE: Parcel B of Parcel Map 5530, City of Bakers- field, County of Kern, State of California, as per map recorded December 11, 1979 in Map Book 24, Page 63, Office of the Kern County Recorder. 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 16th day of December , 1981, by the following vote: AYES: COUNCILMEN: BARTON, ~, MEANS, PAYNE, RATI'Y, I~OCKOFF, ~ ABSTAINING: COUNCILMEN: ~1~ CITY CLERK a'~Ex'Of'flc'io Clerk of the Council of the City of Bakersfield APPROVED this i6%h day of December 7 /'-/ __~ ~' ,,' -- MAYO~::~f the City of Bakersfield , 1981 APPROVED as to form: CIT~ ~TTORNE~ e ' y Bakersfield mm 5. Gu~ k~nterpr~$es ,r Aff auil of osl ng ®r inan es STATE OF CALIFORNIA, t 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 ................................D.~..~..~_m...l~...e...r..._...1..~}_~ ......................................................., 19..~}...1..... 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 .............~..~..t.....h._..!~..e....c...~..r~..b...~..!7. ...................................., 19.....8-..1..., which ordinance was numbere(t ............2..~.~..~ ......................New Series, and entitled: An Ordinance of the Council of the City of Bakersfield amending section 17.12.020 of Title 17 of the Municipal Code changing the Land Use Zoning of that certain property in the City of Bakersfield located on the southeast corner of California Avenue and East Mohawk Street and making findings in connection with a P.C.D. Zone. /?-? Z~Cit y Clerk Subscribed and sworn to before me this