HomeMy WebLinkAboutORD NO 2492ORDINANCE NO. 2492
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 MING AVENUE AND NEW STINE
ROAD, 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
1978, the City Council considered the following find-
December 20,
ings:
1.
That the public necessity, convenience, general welfare
and good zoning practice justify the change of zone from R-3-D 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 24-77 on November 22,
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, to wit: a junior department store, retail apparel and
retail-type shops, small branch financial offices and an office
complex to serve the area; that traffic congestion will not likely
be created by proposed development, or it will be alleviated by
presently projected improvements and by provisions in the plan for
proper entrances and exits and by internal provisions for traffic
and parking;
7. That the development based upon a harmonious and inte-
grated 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. The Preliminary Development Plan and accompanying
documents as submitted, are approved and adopted subject to the
following additional conditions:
Landscape plan to be submitted, approved by
Planning staff and implemented prior to final
building inspection.
Size and location of either refuse bins or
compactors shall be determined by the
Sanitation Department.
Two street lights required, as shown in RED
on plot plan on file as required on Parcel
Map 4734.
Under Resolution No. 68-78 and Municipal Code
Section 16.24.124(b) (13): Effective July 1,
1978, 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. Eight fire hydrants
are required.
Water mains are to be I.S.O. and city require-
ments with dead-end mains no less than 8"
in size. Based upon available information,
fire flow requirement may be 4750 GPM.
Frontage driveways of buildings "A", "B", "G"
and "H" shall have 25-foot fire lanes which
shall be posted as such.
Curb, gutter, sidewalk, driveways, and paving
shall be installed to city standards.
All signing shall have Planning Commission
approval prior to sign permits. Signage on
commercial buildings shall be uniform in
size and shall be placed on fascias.
A six-foot masonry wall is required by ordinance
on the west property line. (Parking and drive-
ways adjacent to R-zoned property)
Kirkside Drive to have a landscaped berm and
masonry wall.
All walls shall be reviewed and approved by
Planning Commission prior to construction.
Fast food restaurant and grocery store are
not permitted uses within commercial complex.
(1)
Commencing at the point labeled "A"
on the map attahced hereto and running
continuously to points "B", "C" and
"D" the Developer/Applicant shall
cause to be built a six foot slumpstone
wall in the same design and construction
as shown in the August, 1978, detailed
drawing submitted to the Planning
Commission.
o
(2)
(3)
The wall between points "A" (Ming and
southwest corner of apartment site)
and "B" (northwest corner of apartment
site and Kirkside) and from "B" to
"C" (Kirkside at property line between
apartments and commercial) shall have
a minimum height of six feet from the
highest point on the apartment site.
The wall between points "C" and "D"
(northwest corner of commercial site)
shall be constructed at ground level
which is the higher of:
(a)
the grade immediately southerly or
easterly of the wall; or
(b) the existing curb on Kirkside Drive.
Landscaping along Kirkside Drive will be
maintained by the Developer/Applicant in
accordance with City requirements. All
trees will be evergreen and will have a
minimum height of 10 feet.
Cypress Point Drive will not be opened
east of Kirkside Drive. Developer/Appli-
cant to seek permit from First Baptist
Church authorizing closing of the wall
(referred to in "L" above) on Church
land northerly of point "D".
(4) Restrictions of Use of the Property:
(5)
(6)
The property shall not be used for any
of the purposes listed below. Persons
objecting to a proposed use may seek
clarification of the terms used below
by applying to the Planning Commission
for review:
Prohibited uses:
(a) Theaters
(b) Supermarket
(c) Grocery Store
(d) Restaurant with drive-through facilities
(e) Apartments
(f) Retail food establishments which sell
prepared food "to go" commonly
referred to as "Fast Food" stores
(g) Retail food and sundries stores, such
as 7-11 stores
(h) Businesses which cater to amusements
for children
Developer/Applicant to refrain from con-
struction of a bell tower. Developer/
Applicant shall limit the height of
buildings to one story for commercial
retail and two stories for commercial
office.
Planning Commission and City Council approval
will be needed prior to any opening of the
wall on Kirkside Drive between points "B"
and "D".
(7)
(8)
(9)
Developer/Applicant to support any
proposal to limit parking on Kirkside
Drive.
Final building inspections necessary
for completion for the buildings to be
constructed on the project site shall
not take place until such time that
the wall, as required by item #1, has
been completed bordering that project
for which inspection is required.
No access to commercial 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 an
R-3-D 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:
Amending the zoning boundaries from an R-3-D
(Limited Multiple Family Dwelling-Architectural
Design) Zone to a P.C.D. (Planned Commercial
Development) Zone, of that certain property in
the City of Bakersfield, located on the north-
west corner of Ming Avenue and New Stine Road,
being more particularly described as follows:
Parcels B and C of Parcel Map 4734, in the City
of Bakersfield, County of Kern, State of California,
as per Map recorded June 1, 1978, in Book 20 at
Page 196 in the office of the County Recorder
of said County.
.......... 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 18th day of April , 1979, by
the following vote:
Council of the ~%y of BakersfieYd the
APPROVED t~,is 18t~hday/of April
MA-V~,~t~e ~ty o5 Bakersfield
, 1979
APPROVED as to fo~m:
CITY ATTORNEY of the ~ty of Bakersfield
CITY _
COUNTY I
FJORD S TR E ET
DR.
FILE 3129 Z.C.
MING P, NEW STINE PROP.
N.W. COR. MING & NEW
STINE, R-3-D TO P-C-D
~% 400'
Aff av of ost ng r nan es
STATE OF CALIFORNIA, I
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 O~L ................................~l~.~.J:..1.....~.~ ............................................................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 ......................~1~.~.~.]~......~ ..............................., 19.....~.~, which ordinance
was numbered ..........2.~92 ................New Series, and entitled:
An Ordinance of the Council of the
City of Bakersfield amending Sec-
tion 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
Ming Avenue and New Stine Road,
approving the preliminary develop-
ment plan and making findings in
connection with P.C,D. Zone.
Subscribed and sworn to before me this
.2~th... day of..Apri ~ .................... 19 ~.~.