HomeMy WebLinkAboutORD NO 2672ORDINANCE NO. 2672
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 1701 NEW STINE
ROAD, 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
use zoning on the property hereinafter described;
to change the land
and
WHEREAS,
sideration of said
the City Council has determined, after due con-
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
WHEREAS, the City
the following findings:
at the hearing for a change of zoning of
property, that a zoning change should be
Council has considered and hereby makes
1. That the public necessity, convenience, general welfare
and good zoning practice justify the change of zone from P.C.D. to
ATKINSON, does intend
(2-1/2) years from the
MELVIN D.
one-half
P.C.D.;
2. That the applicant,
start construction within two and
effective date of the zoning change;
3. That the proposed planned commercial development
stantially conforms to the General Plan;
to
sub-
4. That a Negative Declaration was filed and posted
accordance with the City Council Resolution 60-80 on August 21,
1981;
will be
5. That the commercial and professional development
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 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
strict application of the Municipal Code;
8. That the area
zone is in excess of one (1)
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
hereby adopted.
documents,
following
proposed for rezoning to a P.C.D.
acre as required by Section 17.47.110
are true and correct and are
2. The Preliminary Development Plan and accompanying
as submitted, are approved and adopted subject to the
additions to the plan:
Landscape plan is to be submitted, ap--
proved by Planning staff, and imple-
mented prior to final building in-
spection.
1)
Size and location of either refuse bins
or compactors shall be determined by
the Sanitation Division.
2)
3)
Curb, gutter, sidewalk, driveways,
paving shall be installed to City
standards.
and
4)
All signing shall be approved by Plan-
ning Commission prior to sign permits
and shall conform to the Bakersfield
Sign Code.
5)
Landscaping along Kirkside Drive shall
be maintained by the Developer/Appli-
cant in accordance with City require-
ments.
6)
Planning Commission and City Council
approval will be needed prior to any
opening of the wall on Kirkside Drive.
7)
Uses of the property shall be a restau-
rant and cocktail lounge as per plot
plan submitted.
8)
Sign locations shall be approved by
Traffic Engineer to provide adequate
sight distance and minimum interference
with traffic control devices.
9)
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.
10)
No live entertainment or
dancing permitted in cocktail
lounge.
ll)
Both the restaurant and
cocktail lounge shall be
closed by 11 P.M.
12)
New curb at entrance (RIGHT
SIDE) shall be 25-foot radius
or greater, to facilitate
right turn by emergency fire
vehicles and trash trucks.
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
Planned Commercial Development (P.C.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 A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT)
ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOP-
MENT) ZONE, CONSISTING OF A RESTAURANT WITH
COCKTAIL LOUNGE, RESTAURANT HAVING A SEATING
CAPACITY OF 260:
Parcel 3 of Parcel Map 6144, City of Bakers-
field, County of Kern, State of California
as per map recorded February 25, 1981 in Map
Book 26, Page 57, Office of the Kern County
Recorder, located in Section 3 and Section 10,
Township 30 South, Range 27 East, M.D.M.
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 14th day of October , 1981, by
the following vote:
~oil of the City of Bakerstleza
APPROVE~_t,~is 14th day of O,c~t~ober , 1981
-- MAYOR of ~ City of Bakersfie~
APPROVED as to form:
_m/~T~EY/~tffe City,~Sf Bakersfield
CITY a~u~ ~ ·
~ I"-'2oo'.
!Z~n~ :,~an9e #2645
Aff a of os mg r man es
STATE OF CALIFORNIA, l
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 .....................................O...q.~_q.]~..e._¥_..1....5..z ....................................................,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 ......... Qq.:~..o..b.~E....1...4...~ ................................................, 19.....~, which ordinance
was numbere~_...~.~.~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, commonly known as 1701 New Stine
Road, approving the Preliminary Development
Plan and making findings in connection with
P.C.D. Zone.
Subscribed and sworn to before me this
16th day of Octo~.~ , 19 81