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Home My WebLink AboutORD NO 2517ORDINANCE NO. 2517 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 NORTHWEST CORNER OF REAL AND WILSON ROADS, 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 August 8, 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 and good 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; accordance with the City Council Resolution No. 39-78 1979; 5. That the commercial development will be That a Negative Declaration was filed and posted in on July 6, in harmony with of Bakersfield as 1. The adopted. 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 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 follows: above recitals are true and correct and are hereby 2. The Preliminary Development Plan and accompanying documents as submitted, are approved and adopted subject to the following additional conditions: Landscape plan shall be submitted for review and approval by the Planning Department and shall be implemented prior to final building inspection. eo j o Size and locations of refuse bins to be determined by the Sanitation Division. An overall comprehensive sign plan shall be established to meet standards of the City of Bakersfield Sign Code and shall be reviewed and approved by the Planning Commission. All buildings over 10,000 square feet shall be built with fire extinguishing systems in conformance with the City of Bakersfield Building Codes. All conditions of Parcel Map 5179 shall be complied with prior to construction or issuance of building permits. 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. Three 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 requirement may be 3000 gallons per minute. Under Resolution No. 68-78 and Municipal Code Section 16.24.124(b) (13): All subdividers and all persons otherwise required to furnish fire hydrants are hereby required 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. Curb, gutter, sidewalk, driveways and paving to be installed to City standards. A six-foot masonry wall is required on West and North property lines. Developers, Dean A. Gay and Lawton Powers, et al, to deed thirty feet to the adjoining seven R-1 lots that back up to the Westerly boundary of the development as per agreement. No building shall be built within forty feet of the new West property line. Do Buildings that back up to the Westerly property line shall not exceed twenty feet in height. In the event the Developer puts in a Racketball Court, the building height shall not exceed twenty-two feet for that area of the building. Developer to construct an eight-foot fence along the Westerly property line. Material to be eight-foot precast concrete wall sections. Developer to put in fifteen gallon evergreen trees on twenty-foot centers in the tree wells along the Westerly fence line. Property is to be restricted against automotive garages and cocktail lounges. This is not to restrict the sale of alcoholic beverages in conjunction with a restaurant or dinner house. All lighting shall be deflected from shining or lighting up the residential area to the West. Trash bin enclosures shall be masonry and shall be no closer than thirty feet from the Westerly wall and no more than six feet in height. Air conditioning units shall be either within the buildings or be on the front part of the roofs and be baffled for sound and screened from view. Speed bumps located at one hundred-foot intervals behind all of the shops. Concrete blocks shall be earth tones and shall be of non-reflective colors. Place a six-foot high chain link fence beginning forty-five feet from the North line from the property on the North side of Wilson Road and running a distance of 90 feet to intersect with the eight-foot concrete tiltup fence. Bring a sidewalk from Wilson Road along the planter area which lies 186 feet West of the alley. The businesses occupying the development will not create unreasonable nighttime noises. It is understood, though, that unusual commercial noises of the development will be exempt from restriction. This restriction will be from nine p.m. to six a.m. 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 R-1 to a Planned Commercial Development (P.C.D.) Zone of that certain property in the City of Bakersfield, being more particularly des- cribed as follows: FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE: A portion of Lot 14 of Sales Map of Lands of Kern County Land Company in Section 11, Township South, Range 27 East, M.DoB.&M., recorded January 25, 1894. The South 661 feet of the East 500 feet of said Lot 14. EXCEPTING THEREFROM the North 481 feet of the West 30 feet. ALSO EXCEPTING the right-of-way within Wilson and Real Roads. 30 .......... 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 29th day of A]]gust , 1979, by the following vote: CITXRK an~zo Clerk of CoUncil of the Ci~ of Bakersfield the APPROVED this 29t__~day of August , ( , ~ I.--~ ~ / ~ /~' ~K of the City of Bakersfield 1979 APPROVED as to form: CITY ATTORNEY of the~ity ~f Bakersfield WILSON ROAD .r FI L E 32 73 ROSI£ ACTIS . N.W. COR. OF REAL WILSON RD. i"'200' R-$-D ZC AND R-I TO P. C.D Affi auil of osttng ( r inan 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 oa ................./~..~..K.q..~.~... _3...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 .....A~g~..t......~.~ ..................................................., 19..7...~...., 'which ordinance was numbere~...25.LT. ................ 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 THAT CERTAIN PROPERTY LOCATED ON THE NORTHWEST CORNER OF REAL AND WILSON ROADS, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AN]) MAKING FINDINGS IN CONNECTION WITH P.C.D. ZONE. Subscribed andswo~ to b~ore methis of AUGUST ............. 19..~.. .day ...................................,