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Home My WebLink AboutORD NO 2516ORDINANCE NO. 2516 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 SOUTHEAST 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 August 8, 1979, 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 R-1 to 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 No. 39-78 on July 6, 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 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 of Bakersfield as follows: 1. The above recitals are true and correct and are hereby adopted. 2. documents as The Preliminary Development Plan and accompanying submitted, are approved and adopted subject to the following additional conditions: a) b) Size and location of refuse bins to be determined by the Sanitation Division. All signage for buildings shall be reviewed and approved by the Planning Commission prior to issuance of any sign permits. c) d) e) f) g) Curb, gutter, sidewalk, driveways and paving to be installed to City standards. 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 will be required. Water mains are to be I.S.O. and City requirement 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 sub- dividers and all persons otherwise required to furnish fire hydrants are hereby required to purchase the required fire hydrants, hydrant burys, necessary bury extensions, and all bolts and gaskets from the City of Bakersfield and pay the total cost thereof. Parcel Map 5111 shall be recorded prior to approval of final P.C.D. plans. C.C. & R's to cover maintenance of common driveways, parking areas, walls, land- scaping and irrigation and drainage facilities shall be required and approved by City staff prior to recordation of Parcel Map 5111. All improvements described in the approved grading plan dated March 27, 1979 (as revised) and Memorandum of Understanding dated June 9, 1979, between the developer and the adjacent property owners, repre- sented by the Law Offices of William C. Kuhs, with the exception of the landscaping, are to be completed within ninety days of the recordation of Parcel Map 5111. The landscaping and the irrigation and drainage facilities associated therewith on the sloped area located along the southerly and the easterly property lines are to be approved by the Planning staff and con- structed prior to final building permit. The irrigation and drainage facilities for such area shall be designed, constructed, operated and maintained to avoid the accu- mulation of nuisance water within such sloped area. 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 (P.C.D.) Zone of that certain property in the City of Bakersfield, being more particularly described as follows: FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE: A portion of the Southwest quarter of the North- west quarter of Section 23, Township 29 South, Range 28 East, M.D.M., more particularly described as follows: Commencing at the West quarter corner of said Section 23, said point being on the centerline of Oswell Street, 110 feet wide; Thence Northerly along the West line of said Section 23 and the centerline of said Oswell Street, North 00°03'16" West, a distance of 480.00 feet to a point, said point being the Northwesterly most corner of Tract 2314 as recorded in Book 12 of Maps at Page 18, in the Office of the County Recorder, Kern County, California, said point also being the True Point of Beginning for this description. Thence departing the Westerly line of said Section 23, and the centerline of said Oswell Street, Easterly and Northeasterly and Northerly along the Western boundary of said Tract 23].4 through the following courses; South 89056'44" East, a distance of 250.00 feet; Thence North 32031'37" East, a distance of 391.630 feet; Thence North 00009'58" West, a distance of 70.000 feet, to a point on the Southerly line of Tract 3836 as recorded in Book 26 of Maps at Page 187 in the Office of the County Recorder, Kern County, California; Thence Westerly departing from the Westerly line of said Tract 2314 and along the Southerly line of said Tract 3836, South 89050'06" West, a distance of 460.00 feet to a point on the Westerly line of said Section 23, Township 29 South, Range 27 East, M.D.M., said point also being on the centerline of said Oswell Street, 110 feet wide; Thence Southerly departing the South line of said Tract 3836 and along the West line of said Section and the centerline of said Oswell Street, South 00°03'16" West, a distance of 398.630 feet to the True Point of Beginning for this description. EXCEPTING THEREFROM that portion lying Northwest of the Southeast right-of-way line of the Easterly extension of Bernard Street. ALSO EXCEPTING THEREFROM that portion within Oswell Street right-of-way. 23 .......... 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 August , 1979, by the following vote: Council of the City of Bakersfield the APPROVED this 29th ~ay of August M~/o~ th4 City of Bakersfield , 1979 APPROVED as to form: C T~~NEY of the ~ty of Bakersfield B£RNA RO ~ r,I'C9 STREET c,.o'~° _ _$/co r ~ $ PEACE ' '~ ANNADALE DRIVE FILE 3282 ZC PETER P. MOSES/AN S.F COR. BERNARD AND OSWELL R-I" TO PCD STATE OF CALIFORNIA, 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 ............Aag.a~.~._.3.0. ............................................................................19..._.?..~ he posted on the Bulletin Board at the City Hall, a full, tt~e and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on A.gg.~..s.J;.......2...~ ...................................................., 19_..~.~., which ordinance was numbered__.25.16 ............. 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 SOUTHEAST 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 30TH day of AUGUST 79