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Home My WebLink AboutRES NO 108-90RESOLUTION NO. 108-90 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, APPROVING AND ADOPTING NEGATIVE DECLARATION AND APPROVING SEGMENT III OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN 2010 GENERAL PLAN (LAND USE AMENDMENT 2-90). WHEREAS, the Council of the City of Bakersfield referred Segment III of a proposed amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan to the Planning Commission; and WHEREAS, the Planning Commission of the City of Bakers- field, in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on THURSDAY, JULY 5, 1990, on Segment III of a proposed amendment to the Land Use Element of the General Plan, notice of the time and place of heating having been given at least ten (10) 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 Bakersfield Metropolitan 2010 General Plan is as follows: SEGMENT III BRYAN T. HAUPT, COLEMAN COMPANY, agent for Lutheran Church of Prayer has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan for a 3.88 +/- net acre site generally located along the northeast corner of Mt. Vernon Avenue and Bernard Street. The requested General Plan Amendment is from High-Medium Density Residential (Greater than 7.26 and less than or equal to 17.42 dwelling units per net acre) to General Commercial; and WHEREAS, for the above described Segment, an Initial Study was conducted and it was determined that the proposed pro- ject would not have a significant effect on the environment and a Negative Declaration was prepared, advertised and posted on May 8, 1990, in accordance with CEQA; and WHEREAS, the law and regulations relating to the prepa- ration 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 the Planning Commission; and WHEREAS, conditions of approval were included into the project to provide compatible development between the proposed commercial use and adjacent existing residential use; and WHEREAS, by Resolution No. 27-90 on July 5, 1990, the Planning Commission recommended approval and adoption of Segment III subject to conditions by this Council and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and Wq{EREAS, 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, AUGUST 8, 1990, on the above-described Segment III of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan, notice of time and place of the hearing having been given an least ten (10) calendar days before the hearing by pub- lication in the Bakersfield Californian, a local newspaper of general circulation. 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. Public necessity, convenience, general welfare and good planning practice justify the proposed General Plan Amend- ment, as conditioned in Exhibit "A", attached hereto and made a part hereof as though fully set forth. 4. Proposed General Plan Amendment, as conditioned in Exhibit "A" will be compatible with future development in sur- rounding areas and development on the project area. 5. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. - 2 - 6. The City Council hereby approves and adopts Segment I of proposed amendment to the Land Use Element, constituting a change to General Commercial generally located along the north- east corner of Mt. Vernon Avenue and Bernard Street as shown on the attached map marked Exhibit "B", subject to the conditions of approval listed in Exhibit "A". 7. That Segment III, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 2-90. .......... o0o .......... 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 on AU8 8 ~990 , by the following vote: AYES; COUNCILMEMBERS: EDWARDS, OeMOND, SMITH, BRUNNI PETERSON McDERMOTI SALVAGGtO NOES; COUNCILMEMBERS: '%/~ "-' '~ ' ' ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS , CTT¥ CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED AUG 8 1990 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATT(0RN~,~f t~.~,~y of Bakersfield LCM/meg Attachment Exhibit Exhibit G GPA 4 2-90SEG3.1 7/31/90 ORI~INAL EXHIBIT A Conditions of Approval General Plan Amendment 2-90, Segment III Public Works Modify the westbound lanes of Bernard Street by said street to provide two left-turn lanes, one and one right-turn lane. restriping through lane Provide offers of dedication within the GPA area to allow for the construction of an expanded intersection for both Mt. Vernon Avenue (i[/2 width) to arterial standards from Bernard Street to the north boundary of the project and of Bernard Street (1/2 width) to collector standards from Mt. Vernon Avenue to the east boundary of the project. Additional dedi- cation beyond the city standard expanded intersection may be required along the project frontage of the north side of Bernard Street due to the lack of additional available right- of-way width along the south side of Bernard Street in this area. All offers of dedication, fully executed, shall be submitted to the city prior to development or subdivision within the GPA area. An agreement shall be entered into between the applicant and the city and security shall be posted for the construction of the expansion of the north side (west bound) of Bernard Street from Mt. Vernon Avenue to the east boundary of the project area and for the east side (north bound) of Mt. Vernon Avenue from Bernard Street to the north boundary of the project. If within two years the above-mentioned street improvements are determined by the city to be necessary, the applicant shall construct such improvements. Construct a median island in Bernard Street from Mt. Vernon Avenue to 100 feet east of the east project boundary. Breaks in this median will not be allowed. Any modifications required to be made to traffic signal sys- tems as a result of this GPA shall be paid totally by the applicant. Landscaping shall be reviewed during the site plan review process. All landscaping within city right-of-way shall be maintained by the property owner. Construct transktion areas as required by the City Engineer for all approaches to and departures from the new ultimate paved area. ORIGINAL Exhibit "A" Conditions of Approval GPA 2-90, Segment III Page 2 Sewer service is available to the site. A sewer connection fee shall be paid prior to issuance of a building permit. The fee will be based upon the current adopted charges at the time of issuance of the building permit. 9. Street light locations and quantities shall be determined during the site plan review process. 10. All street paving sections are to be determined based on R- value tests, tlhe number and location to be determined by the City Engineer, and using traffic index values established by the Traffic Engineer. 11. The applicant shall verify that the existing storm drainage facilities are adequate for the GPA area. A drainage plan of the site shall be approved prior to subdivision or development. Drainage fees may be required at the time of subdivision or development. 12. Location of drive approaches to Bernard Street and, if allowed, to Mt. Vernon Avenue shall be determined during the site plan review process. 13. During the site plan review process, a review of the Mt. Vernon Avenue access and associated frontage road at the north boundary of the project will be performed. Elimination of this access may be required. p/s3ea ORIGINAL GENERAL PLAN AMENDMENT 2-90, SEGMENT III < LR ".s: N OC OC ~ LR ~ ~ // / HR LR HUR o // ~ BRYAN HAUI::q' ~ ~ ~=, ~9S, R2BE 28m MT. VERNON AVE. FROM HMR ~ GC EXHIBIT B I I I MC 1 '1 ~ MC