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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......~?