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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.~ .............