HomeMy WebLinkAboutORD NO 2491ORDINANCE NO. 2491 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 STINE ROAD AND PLANZ 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 March 28,
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 (Agri-
cultural) 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 February 23,
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, to wit: neighborhood shopping center; that traffic con-
gestion will not likely be created by the proposed development, or it
will be alleviated by presently projected improvement and by pro-
visions 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.
documents
following
2. The Preliminary Development Plan and accompanying
as submitted, are approved and adopted subject to the
additional conditions:
1)
2)
3)
4)
5)
6)
7)
8)
Landscape plan is to be submitted, approved by planning
staff and implemented prior to final building inspection.
Street paving, curb, gutter and 5.5 feet wide sidewalk
with wheelchair ramp on corner shall be installed to
City's standards along Planz and Stine Roads.
Street lighting, drainage and dedication of right-of-way
shall be provided in accordance with requirements for
Parcel Map 5400.
Size and location of refuse compactor to be determined
by the Sanitation Department.
Under Resolution 68-78 and Municipal Code Section 16.24.124(b)
(13): Effective July 1, 1978, all sub-dividers and all
persons otherwise 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 shall be in-
stalled by developer and shall be completed, tested, and
accepted prior to building construction. Eight (8) fire
hydrants are required. Water mains are to be I.S.O. and
city requirements with dead-end mains no less than 8" in
size. Based upon available informa-tion, fire flow
requirement may be 3500 GPM.
Design energy - efficient building, including proper
insulation techniques and sun and wind orientation, to
the satisfaction of the City.
Apply efficient lighting practices, including minimal use
of architectural or display lighting, to the satisfaction
of the City.
A comprehensive sign design shall be submitted and
reviewed at the time final development plan is sub-mitted
for approval.
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 A
(Agricultural) 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:
That portion of the West half of Section 14,
Township 30 South, Range 27 East, Mount Diablo
Base and Meridian, in the city of Bakersfield,
County of Kern, State of California, more
particularly described as follows:
Commencing at the Northwest
Section 14; thence Easterly
line of said Section 14, South 89°24'15" East,
a distance of 75.45 feet; thence at right
angles to said Northerly line South 0035'45"
West, a distance of 45.00 feet to the True
Point of Beginning; thence along a line
parallel to the North line of said Section,
South 89°24'15" East, a distance of 959.55
feet; thence South 0035'45" West, a distance
of 440.00 feet; thence North 89°24'15" West, a
distance of 436.65 feet; thence South 0°12'04"
West, a distance of 823.39 feet; thence North
89047'46" West, a distance of 520.00 feet to
the beginning of a 20 foot radius tangent
curve concave Northeasterly; thence Westerly
along said curve through a central angle of
90000'00", an arc distance of 31.42 feet;
thence North 0°12'04" East, a distance of
1226.98 feet to the beginning of a 20 foot
radius tangent curve concave Southeasterly;
thence Northerly along last said curve through
a central angle of 90°23'41", an arc distance
of 31.55 feet to the True Point of Beginning.
corner of said
along the Northerly
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of
meeting thereof held on the 4th day of
the following vote:
Bakersfield at a regular
April , 1979, by
ABSTA[t,JING COUNCILMEH~
Council of the City of Bakersfield
APPROVED this 4t.h da/of April
"~3~ .~".~h e C'i t~/~f~ o f Bakers field
, 1979
APPROVED as to form:
CITY ATTORNEY of the ~ty o~ Bakersfield
? /
PLANZ
ROAD
200'
FILE 3188 ZC
ROBERT N. EDDY
5~E. COR. OF STINE RD.
AND PLANZ RD.'
A TO P.C.D.
Artifact! of os tng
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 or_ .....................................................~.~..r...~...1.......~. .............................................19...~_9._. he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the CounciI of said City
at a meeting thereof duly held on .........................~]~.?.~:.~_.....~ ......................................, 19.~.~...., which ordinance
was numbered .......... ~.491 ...................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 STINE ROAD
AND PLANZ ROAD, APPROVING THE PRELIMINARY
DEVELOPMENT PLAN AND MAKING FINDINGS IN CON-
NECTION WITH P.C.D. ZONE.
Subscribed and sworn to before me this
6th .. day of