HomeMy WebLinkAboutORD NO 2461ORDINANCE NO. 2461
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
COMMONLY KNOWN AS 5001 STOCKDALE HIGHWAY
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
November 1, 1978, the City Council considered the following findings:
1. That the public necessity, convenience, general welfare
zoning practice justify the change of zone from g-O-D to
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;
and good
P.C.D.;
4. That a Negative Declaration was filed and posted in
accordance with the City Council Resolution 24-77 on October 6,
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: small specialty shops; 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 pro-
visions 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
Municipal 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:
a. Landscape plan to be submitted, approved by
Planning staff and implemented prior to final
building inspection.
b. Street lights, as shown in plot plan in RED,
are required.
c. Size and location of refuse compactor to be
determined by the Sanitation Department.
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 shall be installed by developer and
shall be completed, tested, and accepted prior
to building construction. Two 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
information, fire flow requirement may be
2500 GPM.
e. All signing to have Planning Commission approval
prior to issuance of sign permits.
Types and sizes of business uses are to be in
accordance with the terms and conditions agreed
to by the developer and reviewed in letter
addressed to the developer by Mortenson Insur-
ance Company dated August 16, 1978; letter
addressed to the Planning Commission from
Tenneco Realty Development Corporation dated
August 28, 1978; and letter from Carver
Development Company dated October 16, 1978.
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 a C-O-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:
Parcel "B" of Parcel Map 3133 in the City of
Bakersfield, County of Kern, State of California,
as per Map recorded August 28, 1975, in Book 14
at Page 60 in the office of the County Recorder
of said County.
.......... 000 ..........
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 8th day of November , 1978, by
the following vote:
'~¥~$ COUN ILMEN BAR1ON, CHRISTSNSEN, MEDDERS, I~%~', ROGEk$, SC~ALJ~$, STRONG
NOES: COUNCILMEN:
ABSENT: CO[JNC~LM2N:
~BSTAININO COUNCILM~N:
Counc l~Eo~f the City o~ ~akersfield the
CITY E~ a d~o Clerk of
/
APPROVED this _Sth ~ay/o~f November , 1978
~/~,Y~ of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the q~'of Bakersfield
MARSHA
STOCKDALE
STREET
HIGHWAY
1~=200~ ~
FILE $110 ZC
CARVER DEVELOPMENT
5001 STOCKDALE HWY.
C-O-D TO PCD
Aff av ! of r uan 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 .....................................N....o..Y~.~.l~.9..~.._~. ......................................................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 .....................I~.~..y.~.~.l~.~.~....~ ............................., 19...7..~...., which ordinance
was numbered. ...........~.~ ..............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
COMMONLY KNOWN AS 5001 STOCKDALE HIGHWAY
APPROVING THE PRELIMINARY DEVELOPMENT PLAN
AND MAKING FINDINGS IN CONNECTION WITH P.C.D.
ZONE.
~/2~City CI~
Subscribed and sworn to before me this
..... ~.~...~ day of .......~?Y~.~P.e.~ .............