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Home My WebLink AboutORD NO 2528ORDINANCE NO. 2528 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 AT THE NORTHWEST CORNER OF NEW STINE ROAD AND MING AVENUE, 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 1'7.47.030 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, October 10, 1979, at the hearing before the City Council on 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 P.C.D. (Planned Commercial Development-Shopping Center Complex) to P.C.D. (Planned Commercial Development-Office-Restaurant Complex). 2. That the applicant does within two and one-half (2 1/2) years zoning change; 3. That the proposed planned stantially conforms to the General Plan; intend to start construction from the effective date of the commercial development sub- 4. That a Negative Declaration was filed and posted in accordance with the City Council Resolution No. 39-78 on May 3, 1978; 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 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 17.47.110 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: a) Landscape plan is to be submitted, approved by Planning staff, and implemented prior to final building inspection. b) Size and location of either refuse bins or compactors shall be deter- mined by the Sanitation Division. c) One (1) street light will be re- quired as shown on RED on plot plan on file and as required on Parcel Map 4734. d) Under Resolution 68-78 and Municipal Code Section 16.24.024(b) (13): All subdividers and all persons other- wise required to furnish fire hydrants are hereby required to purchase required 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 to be installed by developer shall be completed, tested and accepted prior to building construction. Six (6) 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 infor- mation, fire flow requirement may be 4000 gallons per minute. e) Curb, gutter, sidewalk, driveways, and paving shall be installed to City standards. f) All signing shall be approved by Planning Commission prior to sign permits and shall conform to the Bakersfield Sign Code. g) A six-foot masonry wall shall be provided along the West property line. h) Walls on Kirkside Drive shall be a minimum of six feet in height. Design of wall shall be reviewed and approved by the Planning Commission prior to construction. ±) Landscaping along Kirkside Drive shall be maintained by the Developer/ Applicant in accordance with City requirements. All trees shall be evergreen and will have a minimum height of ten (10) feet. J) k) 1) m) n) o) P) Planning Commission and City Council approval will be needed prior to any opening of the wall on Kirkside Drive. Uses of the property shall be for a restaurant and only those allowed in the C-O Zone and/or by Conditional Use Permit within said zone. Relocate East driveway on Ming Avenue to align with East entrance of "visitor parking court." Driveway and aisle designs from public streets shall be approved by Traffic Engineer. Sign locations shall be approved by Traffic Engineer to provide adequate sight distance and minimum inter- ference with traffic control devices. Developer/Applicant shall support any proposal to limit parking on Kirkside Drive. No access to site from Kirkside Drive, including construction access. 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.D. (Planned Commercial Development-Shopping Center Complex) Zone to a Planned Commercial Development-Office-Restaurant Complex (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- SHOPPING CENTER COMPLEX) ZONE TO A p.C.D. (PLANNED COMMERCIAL DEVELOPMENT-OFFICE-RESTAURANT COMPLEX) ZONE: Parcel B of Parcel Map 4734, as per Map thereof filed June 1, 1978 in Book 20, Page 196 of Parcel Maps, in the Office of the County Recorder of Kern County, City of Bakersfield, State of California. .......... o0o .......... I HEREBY CERTIFY that the and adopted by the Council of the City of Bakersfield meeting thereof held on the 17th day of October the following vote: foregoing Ordinance was passed at a regular , 1979, by APPROVED this 17t~ da~ of October , MA~3~R'ofF~he C~ty of Bakersfield H. E. BERGEN CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ASST. CITY CLERK 1979 APPROVED as to form: CITY ATTORNEY of the C~y of Bakersfield CO~-N TY '"- ' ' I ~ORD STREET FILE 3289 Z.C. MING 8t NEW STINE PROP. N.W. COR. MING ~ NEW STINE, R-3-D TO P-C-D I"= 400' Aff au of ost ng ( rh uan es STATE OF CALIFORNIA, ~ 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 on .............Q.g.~..q.t2.-e...~'..../-..~. ....................................................................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 ...................Q..~...t~.o....b...~.~.....~..~.,. .............................., 19__"~..~.., which ordinance was numbered ..........252~ .......... New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.12.020 OF TITLE SEVENTEEN OF THE MUNICIPAL CODE CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY LOCATED AT THE NORTHWEST CORNER OF NEW STINE ROAD AND MING AVENUE, APPROVING THE PRELIMINARY DEVELOP- MENT PLAN AND MAKING FINDINGS IN CONNECTION WITH P.C.D. ZONE. ss's~ant City Clerk Subscribed and sworn to before me this · ~8.~l~ . day of ..... (~.~.~.b.~..r ............,19. ~.