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HomeMy WebLinkAboutORD NO 2630ORDINANCE NO. 2630 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 THOSE CERTAIN PROPERTIES LOCATED ON THE SOUTHEAST CORNER OF PLANZ ROAD AND 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 and City Council have held hearings respectively, 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 hearings for a change of zoning, of the hereinafter-described property, that a zoning change should be authorized; and WHEREAS, at the hearing before the City Council on February 11, 1981, the City Council considered 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 December 24, 1980; 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 pro- posed 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 inte- grated 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 acre as required by Section 17.47.110 of the Muni- cipal Code; 9. That the additional conditions 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 additional conditions: 1) Landscape plan is to be submitted, approved by the Planning staff, and implemented prior to final building inspection. o 2) 3) 4) 5) 6) 7) 8) 9) Street paving, curb, gutter and 5.5 feet wide sidewalk with wheelchair ramp on corner shall be installed to City's standards along Planz Road and Stine Road. Street lighting, drainage and dedi- cation of right-of-way shall be pro- vided in accordance with requirements for Parcel Map 5400. Size and location of refuse compactor to be determined by the Sanitation Division. Under Resolution 6080 and Municipal Code Section 16.24.124(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. Pursuant to Sections 13.301c and 13.301d of the Uniform Fire Code, water mains and fire hydrants shall be in- stalled by developer and shall be completed, tested and accepted prior to building construction. Eight 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 requirements may be 3500 gallons per minute. The project shall be designed and con- structed to satisfy all current State of California energy conservation re- quirements. A comprehensive sign design shall be submitted and reviewed at the time final development plan is submitted for approval. All buildings in excess of 10,000 square feet shall be constructed with an automatic sprinkling system. All driveways shall have 36-foot minimum widths. 10) ll) 12) 13) 14) 15) 16) 17) A six-foot masonry wall is required as shown on file plot plan. No openings to the alley will be permitted. Remove South driveway on Stine Road. Dedicate additional ten feet on Stine Road for right turn lane approximately 100 feet long. Install driveway on Beechwood Street that is in line with isle adjacent to Buildings C, D, and E. Install 14-foot curbed island on Stine Road from Planz Road to Beechwood Street, including 200-foot left turn lane approaching Planz Road and 150- foot left turn lane approaching Beech- wood Street. A median opening which will allow only Southbound left turn ingress into the project will be per- mitted. Construct curb, gutter, sidewalks and street pavement to tie into existing pavement on Stine Road and Planz Road. Construct all street improvements on Beechwood Street. Contract and bond for Conditions 2, 14, and 16 prior to final plan approval by 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 17.12.020 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 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: Parcel 1 of Parcel Map 5400, City of Bakers- field, County of Kern, State of California, as per map filed October 16, 1979 in Book 23, Page 182 of Parcel Maps in the Office of the Kern County Recorder. .......... 000 .......... 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 18th day of February , 1981, by the following vote: CITY CLERK~nd < '/" Ex/Officio Clerk of the Council of the City of Bakersfield APPROVED this 18th day of February MAYOR of t.~e City df Bakersfield , 1981 APPROVED as to form: CIT~ ATTORN~f/of--the Ci~of Bakersfiel JC~RV~R ~V~ 6,~Wt'£N r ' Affidavit of ost ng r uau es STATE OF CALIFORNIA, I 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 .................~..~.~)_.~...u....a.~'y.....~.~ ...................................................., 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 .....................]~.~..b_r..~..g.r.Y_..~.~} .................19..~.~:..., which ordinance was numbered .......... ~.~..3Q .............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 THOSE CERTAIN PROPERTIES LOCATED ON THE SOUTHEAST CORNER OF PLANZ ROAD AND STINE ROAD; APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND MAKING FINDINGS IN CONNECTION WITH P.C.D. ZONE. C~/ty C erk Subscribed and sworn to before me this 2nd day of March 81