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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