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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 ~.~.