HomeMy WebLinkAboutORD NO 2615ORDINANCE NO. 2615 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 LOCATED ON THE
NORTHEAST CORNER OF OSWELL STREET AND BERNARD
STREET, 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
respectively, on a petition to
property hereinafter described;
and City Council have held hearings
change the land use zoning on the
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
December 10, 1980, the City Council considered the following find-
ings:
1. That the public necessity, convenience, general welfare
and good zoning practice justify the change of zone from P.C.D. to
revised 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 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
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 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 17.47.11.0 of the
Municipal 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:
l)
Landscape plan is to be submitted,
approved by the Planning staff and
implemented prior to final building
inspection.
2)
3)
4)
5)
Size and location of refuse bins
shall be determined by the Sanitation
Division.
All conditions of Parcel Map 5111
shall be met prior to final building
inspection.
Driveway, as shown on applicant's
plot plan, shall be relocated to the
East end of site. The new driveway
design shall be reviewed and approved
by the Traffic Engineer prior to site
development or issuance of building
permits.
Any telephone or electrical trans-
former or equipment above ground
shall be behind building setback
lines from Oswell Street and Bernard
Street.
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 P.C.C.
(Planned Commercial Development) Zone to a Revised Planned Com-
mercial 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 DEVELOP-
MENT) ZONE TO A REVISED P.C.D. (PLANNED COM-
MERCIAL DEVELOPMENT) ZONE:
Parcels 1 and 2 of Parcel Map 5111, City of
Bakersfield, County of Kern, State of Cali-
fornia, as per map recorded November 7,
1979 in Map Book 24 at Page 23, Office of
the Kern County Recorder.
.......... 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 17th day of December , 1980, by
the following vote:
CITY CL~K a~d Ex C~fficio Clerk of the
Council 6f the City of Bakersfield
APPROVED this lqth d~ of December
~;~.~Q~ of the ~t~ o akersfield
, 1980
APPROVED as to form:
CI Y/A~TOR~o/'f the it~~y of Bakersfield
RC.O .~ P.q.O. qo
¢.0'0
Aff av of ost ng ( rh na es
STATE OF CALIFORN1A, f
County of Kern ss.
H. E. BERGEN, 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 .......................p.9..~..~.~_~.~'...~.2...~. ........................................................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 ........ .I~.~.~.~.I~..b...~...~:..~ ...............................19..~..0._.., which ordinance
was numbered ..........~..6.J~.5 ...........New Series, and entitled:
AN O~)INANCE 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 LOCATED ON THE
NORTHEAST CORNER OF OSWELL STREET AND BERNARD
STREET, APPROVING THE PRELIMINARY DEVELOPMENT
PLAN AND MAKING FINDINGS IN CONNECTION WITH
P.C.D. ZONE.
Subscribed and sworn to before me this
24th day of December ,19 80