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Home My WebLink AboutORD NO 2676ORDINANCE NO. 2676 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 COMMONLY KNOWN AS 4001 AUBURN 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 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 C-1-D 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 July 2, 1981; 5. That the commercial 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 improvement and by provisions in the plan for proper entrances and exists, 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; 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: 1) Cocktail lounge shall be a secondary and complementary use to the restaurant use and shall be open only during the time the restaurant is open. 2)No live entertainment or dancing per- mitted in cocktail lounge. 3) Both the restaurant and cocktail lounge shall be closed by 11:30 p.m. every night except Friday and Saturday, when the closing time shall be 12:30 a.m. 2e 4) Landscape plan shall be submitted for review and approval by the Planning Department; landscaping shall be imple- mented prior to final building in- spection. 5) Size and location of refuse bins to be determined by the Sanitation Division of the Public Works Department. 6) All signage shall be reviewed and ap- proved by the Planning Commission prior to issuance of any sign permits. 7) All outdoor lighting shall be designed so that it will not shine on the single family dwellings to the North. 8) Curb, gutter, and 5.5-foot wide side- walk shall be installed to City standards along Auburn Street. 9) The design and construction shall meet all requirements for the handicapped. lO) Landscaping and masonry wall along the South property line shall be approved by the Building and Planning Directors prior to installation. ll) The entrance driveway shall be moved to the East side of the site and the exit aisle shall be widened. The revised parking layout with its ingress and egress shall be approved by the Traffic Engineer prior to filing the final development plans. 12) A $350.00 per acre sewer connection fee shall be paid to the Engineering Department prior to issuance of a building permit. 13) The grading and drainage plan shall be submitted and approved by the Building and Engineering Departments prior to issuance of a building permit. 14) Revise site development plan as per plan "D" designed by staff. This plan depicts 113 off-street parking spaces including parking over the Kern County Water Agency's easement located along the Southerly property line of subject property. 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 from a C-1-D (Limited Commercial-Architectural Design) 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 A C-1-D (LIMITED COMMERCIAL-ARCHITECTURAL DESIGN) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE CONSISTING OF A PROPOSED RESTAURANT WITH COCKTAIL LOUNGE: All of Parcels 2 and 3 of Parcel Map 3697 in the City of Bakersfield, County of Kern, State of California, as per map recorded April 11, 1977 in Book 18, Page 47 of Maps, in the Office of the Kern County Recorder. EXCEPT the West 84 feet of Parcel 2 hereof. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective days from and after the date of its passage. thirty (30) ......... 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 4th day of November , 1981, by the following vote: CITY CL~d / Of~Cl~rk of Council of the City of Bakersfield the APPROVE~ this Gth day of November ~ MAYOR,'~ the City of Bakersfield , 1981 APPROVED as to form: CI~'Y ATTORNE~Sf the 'ty Bakersfield AJS:mm 10/22/81 5. ~ LIBLIR~I STREET Aff av of r nan es STATE OF CALIFORNIA, f 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 November 6, 1981 that oa ..............................................................................................................................,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 ........................N...°....v...~..m...~?.?...r........4..~__....1....9...~..1. ................., 19 ............, which ordinance was numberecL._..~_.~.~.~.~ ................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDIN() 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 COMMONLY KNOWN AS 4001 AUBURN STREET AND MAKING FINDINGS IN CONNECTION WITH A P.C.D. ZONE. Subscribed and sworn to before me this ...~.}..1~ day of .......~'!9..%(?m1~.~.1~ ..................,19.._..~}.]~