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Home My WebLink AboutORD NO 2536ORDINANCE NO. 2536 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 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 december and good P.C.D.; within zoning stantially 5, 1979, the City Council considered the following findings: 1. That the public necessity, convenience, general welfare zoning practice justify the change of zone from R-1 to 2. That the applicant does intend to start construction two and one-half (2 1/2) years from the effective date of the change; 3. That the proposed planned commercial development sub- conforms to the General Plan; 4. That a Negative Declaration was filed and posted in accordance with the City Council Resolution 39-78 on October 5, 1979; 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) 2) Landscape plan to be submitted, approved by the Planning staff and implemented prior to final build- ing inspection. Size and location of refuse bins shall be determined by the Sani- tation Division. 3) 4) 5) All conditions of Parcel Map 5111 shall be met prior to construction or issuance of a building permit. C.C. & R's to cover maintenance of common driveways, parking areas, walls, landscaping and irrigation and drainage facilities shall be required and approved by City staff prior to recordation of Parcel Map 5111. All proposed signage shall comply to the City's sign code and shall be reviewed and approved by the Planning Commission prior to issuance of a sign permit. 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 R-1 Zone to a Planned Commercial Development property in the City of Bakersfield, cribed as follows: (P.C.D.) Zone of that certain being more particularly des- FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE: All those portions of the Northwest Quarter of Section 23, Township 29 South, Range 28 East, M.D.M., City of Bakersfield, County of Kern, State of California, as shown on Map of Tract No. 3836, recorded in Book 26 of Maps at Page 187 in the office of the Kern County Recorder, and being more particu- larly described as follows: PARCEL 1: Commencing at the Southwest corner of said Northwest Quarter; Thence North 0°03'16" East, along the West line of said Southwest Quarter, and the centerline of Oswell Street, 878.63 feet; Thence, departing from said centerline, North 89°50'06" East, 55.00 feet to a point on the East right-of-way line of said Oswell Street and the True Point of Begin- ning; Thence continuing NQrth 89050'06" East, 166.00 feet; Thence South 0°03'16" West, parallel with the West line of said Northwest Quarter, 119.281 feet, to a point on a 460.00 foot radius nontangent curve concave to the Northwest, the center of said curve bears North 28039'33" West; Thence Southwesterly along said curve through a central angle of 42°07'16", an arc distance of 338.170 feet, to the arc distance of 338.170 feet, to the beginning of a 20.00 foot radius tangent curve concave to Northeast; Thence Northwesterly along said curve through a central angle of 99°48'51", an arc distance of 34.842 feet to a point on the East right-of-way line of said Oswell Street; Thence North 0a03'16" East, along said East right-of-way line, 148.771 feet to the True Point of Beginning. PARCEL 2: Commencing at the Southwest corner of said Northwest Quarter; Thence North 0°03'16" East, along the West line of said Northwest Quarter and the centerline of Oswell Street, 878.63 feet; Thence departing from said centerline North 89050'06" East, 221.00 feet to the True Point of Beginning; Thence continuing North 89050'06" East, 141.167 feet to a point on a 460.00 foot radius nontangent curve, concave to the Northwest, the center of said curve bears North 51°52'51" West; Thence Southwesterly along said curve through a central angle of 23°13'18", an arc distance of 186.436 feet; Thence North 0°03'16" East, parallel with the West line of said Northwest Quarter, 164.354 feet to the True Point of Begin- ning. PARCEL 3: Lots 2 and 3, Tract 3836, City of Bakersfield, County of Kern, State of California as per Map recorded February 17, 1977 in Book 26 of Maps at Page 188 in the office of the County Recorder of said County. EXCEPTING that portion which lies Southeasterly of the centerline of Bernard Street. .......... 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 ]2th day of December , 1979, by the following vote: CITY ~RK and E~cio Clerk of the Council of the City of Bakersfield APFROVFD this 12%1~_ ~a~ of December , ~'~O~e Cit~ of Bakersfield 1979 APPROVED as to form: CITY ATTORNEY of ~e City of Bakersfield G..\ R-2-D BERNAR~ C-O-D RU.D. City _ _ _ County I I I ST R-3 -D ~ o R-I ,R-I / / PI.A CE County ANNADALE DR KYW Z.C. OSWELL ST AT BERNARD ST FILE No 3293 R-I fo PCD Affi avt! of os tng ( r tnan :es STATE OF CALIFORNIA, t 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 .....................]~..e...q..~..r~..q.~?...~..~. .............................................................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 .......... .~...e..~.~.[0.~.~.r.....~..~..,. ........................., 19..~.?...., which ordinance was numberec[ ..... 2536 ......... New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.12.020 OF TITLE ~7 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.D.C. ZONE. Subscribed and sworn to before me this 18th day of December , 79