HomeMy WebLinkAboutORD NO 2515ORDINANCE NO. 2515
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD A~{ENDING 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 LA MIRADA DRIVE AND CALIFORNIA
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 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 July 25,
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 "A"
(Agricultural) 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 39-78 on May 25, 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 proposed
location to provide adequate commercial facilities of the type pro-
posed; 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
of Bakersfield as follows:
1. The above recitals are true
adopted.
the Council of the City
and correct and are hereby
documents as submitted, are approved and adopted subject to
following additional conditions:
The Preliminary Development Plan and accompanying
the
Landscape plan is to be submitted, approved
by Planning staff and implemented prior to
final building inspection.
A six-foot masonry wall shall be constructed,
as shown in RED on the file copy plot plan.
All buildings are to be constructed with
automatic sprinkling systems, as per City
Building Code.
o
do
Under Resolution 68-78 and Municipal Code
Section 16.24.124(b)(13): All subdividers
and all persons otherwise required to
furnish fire hydrants are 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.
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 ISO and City requirements
with dead-end mains no less than eight
inches in size. Based upon available
information, fire flow requirement may be
2000 GPM.
Curb, gutter, sidewalk, driveways and
paving shall be constructed to City standards.
Access to project off La Mirada Drive is to
be enlarged to facilitate traffic generated
by the project.
Any signage is to be in conformance with
the Bakersfield Sign Code, and shall be
reviewed by the Planning Commission prior
to issuance of permits for same.
Lighting from Tennis Court shall not be
directed or interfere with traffic on
California Avenue.
Oil well site must be fenced to City
standards.
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
hereof, as follows:
Agricultural) Zone
shown on the map hereto attached and made a part
changing the zoning boundaries from an "A"
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 "A" (Agricultural) Zone to a P.C.D.
(Planned Commercial Development) Zone:
That portion of Section 34, Township 29 South,
Range 27 East, M.D.M., described as follows:
Beginning at the intersection of the centerline of
La Mirada Drive with the centerline of California
Avenue as said Drive and Avenue are shown upon
Parcel Map 4898, as per Map thereof filed March 14,
1979, in the Office of the Kern County Recorder in
Book 22 of Parcel Maps at Page 98;
thence along the centerline of said La Mirada Drive
and its easterly extension thereof South 62021'04"
East, 424.00 feet;
thence North 27038'56" East, 90.00 feet;
thence South 61000'55" East, 375.00 feet;
thence South 29026'49" West, 90.196 feet;
thence South 60°33'11" East, 19.045 feet;
thence South 27033'46" West, 430.037 feet;
thence North 61041'05" West 780.00 feet more or
less to a point on the centerline of said California
Avenue;
thence northeasterly along the centerline of said
California Avenue to the point of intersection with
the centerline of said La Mirada Drive and the True
Point of Beginning.
EXCEPTING THEREFROM that portion within the street
right-of-way.
.......... 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:
CIT icio Clerk of the
Council of the City of Bakersfield
APPROV~3D.. ~his 29th/ay ~ff ~ugust
~6R of the Ci_y of Bakersfield
, 1979
APPROVED as to form:
CITY ATTORNEY of the Cit.~/6~ BaKersfield
FI L E .~2 5 ;J /. C
LEO P. MICHAELIDES
S.E. LA MIRADA 8; CALIE AVE.
STOCKDALE
II
HWY
Affihav ! of ost ng ( rhh an 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 .......................~..~.g..u.,.~ ~....~..~..~ .........................................................19_~..~ .. he posted on the Bulletin Board
at the City Hall, a full, t~e and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ...........A..u..g..q.~.~.._..~..~.~. ........................................, 19..7_~ ......which ordinance
was numbered.. _.2515 ............... New Series, and entified:
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 LA MIRADA DRIVE AND CALIFORNIA
AVENUE, 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 .... ~.~qUS~ ............ 19......~?