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Home My WebLink AboutRES NO 45-92RESOLUTION NO. 4 5 - 9 2 RESOLUTION REGARDING GENERAL PLAN AMENDMENT 4-91, SEGMENT Ill AND ZONE CHANGE 5243. WHEREAS, the Council of the City of Bakersfield referred Segment III of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan to the Planning Commission; and WHEREAS, the Planning Commission of the City of Bakersfield on THURSDAY, JANUARY 23, 1992, in accordance with Section 65353 of the Government Code held a public hearing on Segment III of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, and in accordance with Sections 65090 and 65091 of the Government Code held a public hearing on Zone Change 5243, notice of time and place of hearing having been given at least twenty-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment III of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT III SIMPSON-VANCUREN, agent for Lawton Powers has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from LR (Low Density Residential) to GC (General Commercial) on 6,000 square feet located along the north side of Park Way and east of Oak Street shown on Exhibit "A"; and WHEREAS, the above named agent has filed a written application requesting the changing of the land use zoning of that certain property in the City of Bakersfield as hereinafter described and as set forth and designated upon the zoning map incorporated within and made part of Title Seventeen of the Bakersfield Municipal Code as follows, to wit: From a C-1 (Limited Commercial) and R-2 (Limited Multiple Family Dwelling, minimum lot area 6,000 square feet, and a lot area of not less than 2,500 square feet per dwelling unit) zoning district to a C-2 (Commercial) zoning district on .9 +/- acres for that site located along the east side of Oak Street between California Avenue and Park Way as shown on Exhibit "B", more thoroughly described in attached Exhibit "D"; and ORIGINAL WHEREAS, for the above-described segment and zone change, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and posted on November 22, 1991, in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield Resolution 107-86 have been duly followed by the city staff and Planning Commission; and WHEREAS, staff recommended approval of the requested GC general plan amendment; and WHEREAS, staff recommended against the requested C-2 zone change; and WHEREAS, staff recommended approving the C-1 zoning district with conditions shown on Exhibit "C" for that site located along the north side of Park Way, east of Oak Street; and WHEREAS, the Planning Commission failed to make a recommendation on the requested general plan amendment and zone change. WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, MARCH 19, 1992, on the above described Segment III of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of time and place of the hearing having been given at least twenty- one (21) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of CEQA have been given. 3. The proposed General Plan Amendment will not have a significant adverse effect on the environment. 4. Public necessity, convenience, general welfare and good planning practice justify the proposed General Plan Amendment. 2 ORIGINAL 5. The proposed General Plan Amendment will be compatible with existing and future development in surrounding areas and the project area. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings, incorporated herein, are true and correct. 2. The Negative Declaration for Segment III is hereby approved and adopted. 3. The City Council hereby approves and adopts Segment III of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "A," attached hereto and incorporated as though fully set forth, for property generally located along the north side of Park Way, east of Oak Street. 4. That Segment III, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 4-91. 3 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held MAR 2 5 1992 by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 2 5 1992 CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI0~ CITY ATI~ORNEY of the City of Bakersfield pit Attachment: Exhibit "A" 4 ORIGJNAL EXHIBIT A GENERAL PLAN AMENDMENT 4-91, SEGMENT III 26 25 55 56 FT I PARK INAY 0 2130 I ~dM.E !d r r.r. i GC ORIGINAL EXHIBIT B 5243 M--2 ~AI.E N r r~z C-2 rn PARKWAY I C-1 I R-2 I C-1 I R--2 I Sl..,!~,t., )¥ENLE C--1 R-2 C-1 R--2 i C--2 I , D I C.--1 ORIGINAL EXHIBIT "C" Conditions of Approval GPA 4-91, Segment III ZC 5243 Planning: A landscape area five feet wide with a four foot chainlink with slat fence or block wall, subject to the approval of the Director of Planning shall be constructed along the west side of the new alley and a six-foot high block wall, four foot high in the front yard setback shall be constructed along the east side of the alley. 2. No access to the commercial site shall be permitted from the alley. 3. Location of pole mounted lights shall be approved by the Planning Director. Any lighting facilities along the east side of the site shall be low profile with low output and soft-tone illumination. 5. Building lighting facilities shall not be directed toward the east. Any structure shall be of non-glare materials and shall be of an earthtone, neutral or other non-contrasting color. Public Works: The applicant to offer approximately 10 feet of additional property excluding the alley cut-off, to the adjoining residential property and that the additional 10 feet of side yard remain residential. The developer of the project site shall install a 2-inch diameter traffic signal conduit and pull boxes along the project's Oak Street frontage from the southeast corner of California and Oak to Park Way. The conduit shall be installed within one year of approval of the GPA or prior to obtaining a building permit for the project site, whichever occurs first. The abandonment of the portion of the existing east-west alley between California Avenue and Park Way within the project site requires that a new access to the westerly termination of this alley be dedicated and improved. The new alley alignment shall have a minimum width of 20 feet and shall meet Municipal Code sight distance requirements. ORIGINAL Exhibit "C" GPA 4-91, Segment III Page 2 10. 11. 12. 13. An easement will be required along the original alley alignment for the existing sewer line and other public utilities. Access to Oak Street shall be limited to a maximum of two points and shall be constructed with 20-foot curb returns. The location of access point or points shall be approved by the City Engineer at the time of site plan review. Access to California Avenue shall be limited to one point for egress and ingress only and shall be constructed with 20' curb returns. The location of this point shall be approved by the City Engineer at the time of site plan review. Access to Park Way shall be limited to one point and shall be constructed with 20-foot curb returns. This is a condition of any subsequent site plan review EXHIBIT "D" GPA 4-91, Segment III PARCEL 1: Lots 13 and 14 in Block 4 of Sunset Park, in the City of Bakersfield, County of Kern, State of California, as per Map recorded April 7, 1925, in Book 3, Pages 117 and 118 of Maps, in the Office of the County Recorder of said County. EXCEPTING THEREFROM that portion conveyed to the State of California for road purposes in deed recorded April 21, 1939 in Book 844, Page 21 of Official Records. PARCEL2: Lot 15 in Block 4 of Sunset Park, in the City of Bakersfield, County of Kern, State of California, as per Map recorded April 7, 1925 in Book 3, Pages 117 and 118 of Maps, in the Office of the County Recorder of said County. PARCEL3: The West 39 feet of Lot 11 and all of Lot 12 in Block 4, in Sunset Park, in the City of Bakersfield, County of Kern, State of California, as per Map recorded April 7, 1925 in Book 3, Pages 117 and 118 of Maps, in the Office of the County Recorder of said County. EXCEPT from said Lot 12 that portion thereof conveyed to the State of California, by deed dated November 15, 1938, recorded April 21, 1939 in Book 844, Page 21 of Official Records. PARCEL4: The West 25 feet of Lot 10 and the East 11 feet of Lot 11 in Block 4 of Sunset Park Addition, in the City of Bakersfield, County of Kern, State of California, as per Map recorded in Book 3, Pages 117 and 118 of Maps, in the Office of the County Recorder of said County. PARCEL5: That portion of the alley lying north and adjacent to Lots 13, 14 and 15 in Block 4 of Sunset Park, in the City of Bakersfield, County of Kern, State of California, as per map recorded April 7, 1925, in Book 3, Pages 117 and 118 of Maps in the Office of the County Recorder of Kern County. EXCEPTION THEREFROM that portion conveyed to the State of California for road purposes in deed recorded April 21, 1939, in Book 844, Page 21 of official records. Contains 0.9 acres, more or less. ORIGInAl