The URL can be used to link to this page

Home My WebLink AboutRES NO 106-90RESOLUTION NO. 106-90 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, APPROVING AND ADOPTING NEGATIVE DECLARATION AND APPROVING SEGMENT I 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 I 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 I of a proposed amendment to the Land Use Element of the General Plan, notice of the time and place of hearing 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 I of the proposed amendment to Land Use Element of the Bakersfield Metropolitan Area General Plan is as follows: the SEGMENT I JOHN SARAD, J?M JUDKINS JOINT VENTURE has applied to amend the Land Use Element of the Bakersfield Metropolitan 2010 General Plan for a 5 +/- acre site generally located along the northeast corner of Ashe and Harris Roads. The proposed General Plan Amendment would change the land use designation from Low Density Residential to General Commercial on 5 +/- acres. The concurrent zone change request proposes a change from R-1 (One Family Dwelling) to C-1 (Limited Commercial) on 5 +/- acres. 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 with mitigation was prepared, advertised and posted on May 25, 1990, in accordance with CEQA; and ORIGINAL 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, the proposed commercial development will serve as a neighborhood shopping center for the increasingly developing residential properties in Section 21 and 22 of Township 30S Range 27E. WHEREAS, the application has shown special circumstances to justify deviation from Land Use Policy #19 of the Metropolitan Bakersfield 2010 General Plan. 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. 22-90 on July 5, 1990, the Planning Commission recommended approval and adoption of Segment I 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 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, AUGUST 8, 1990, on the above-described Segment I 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 I is approved and adopted. 3. Public necessity, convenience, general good planning practice justify the proposed General ment, as conditioned in Exhibit "A". welfare and Plan Amend- 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. - 2 - ORIGINAL 5. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted the Secretary of the Planning Commission to the City Council, hereby received, accepted and approved. by is 6. The City Council hereby approves and adopts Segment I of proposed amendment to the Land Use Element, constituting a change to General Commercial and generally located at the north- east corner of Ashe and Harris Roads, as shown on the map attached hereto as Exhibit "B", subject to conditions of approval listed in Exhibit "A". 7. That Segment I, approved herein, other approved segments described in separate form a single Land Use Element Amendment, GPA be combined with resolutions, to 2-90. .......... o0o .......... ORIOINA~ 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 AUS 8 1990 , by the following vote: AYES; COUNCILMEMBERS EDWARDS, DeMOND, SMITH, BRUNNk PETERSON, McDERMOTt, SALVAGGIO NOES: COUNCILMEMBERS ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' CITY CLERK and ~x Officio Clerk of the Council of the City of Bakersfield APPROVED AU8 8 ~990 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. SAA // ,/ LCM/meg Attachment Exhibit "A" Exhibit "B" G GPA 4 2-90SEG1.1 7/30/90 - 4 - ORIGIN~t EXHIBIT A General Plan Amendment 2-90, Segment I The applicant shall comply with all conditions regarding the project area stated in Tract 4957. Subdivider/developer shall construct a six-foot high masonry wall located along the north property line separating the commercial and residential zones. Evergreen trees shall be planted 30-foot on center with a five- foot minimum width landscape strip along the commercial side of the masonry wall separating the commercial and residential property. Evergreen trees shall be 24-inch box size and species shall be a minimum of 15-foot high at maturity. All commercial outdoor lighting will be shielded (cutoff) and reflect away from residential property. Refuse containers shall not be placed within 24 feet of residential property and shall be shielded from view of Harris, Ashe and the future north/south local street. Offers of dedication will be required within the GPA area to allow for the construction of Ashe Road (1/2 width) to arterial standards from Harris Road to the north boundary of the project and of Harris Road (1/2 width) to collector standards from Ashe Road to the east boundary of the project. Such offers shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. The right-of-way width of a standard arterial is 110' with additional widening at intersections and additional area to permit 10' of landscaping behind the combination sidewalk. The right-of-way width of a standard collector is 90' with additional widening at intersections and additional area to permit 7.5' of landscaping behind the combination sidewalk. All offers of dedication, fully executed, shall be submitted to the city prior to development or recordation of any subdivision map or certificate of compliance or the issuance of any building permit within the GPA area. Improved access does not currently exist to the GPA area, but a portion is under construction by another developer. Improved access shall be provided from either Stine Road or from the south terminus of Ashe Road prior to recordation of any subdivision map or certificate of compliance or the issuance of any building permit within the GPA area. Minimum improvements shal~L be a paved width of 24' with graded shoulders and full- width crossings of all canals and railroad tracks. ORIGINAL Exhibit "A" GPA 2-90, Segment I Page 2 10. 11. 12. 13. 14. Construction of Ashe Road and Harris Road will be dependent upon the final design of the canal crossing at the Arvin-Edison Canal. Temporary construction of these streets, approved by the city, shall be completed to allow for access to and from the site. However, the applicant shall enter into an agreement with the city and post approved security prior to this construction to cover the total cost, based on an engineer's estimate approved by the City Engineer, of all street construction for the east half of Ashe Road and the north half of Harris Road along the entire GPA property frontage. At such time as the crossing design is finalized and construction is initiated, the applicant shall pay for the construction of both the east half of Ashe Road and the north half of Harris Road along the entire property frontage, including any demolition and reconstruction of the temporary street construction. Alternatively, the applicant can have the entire canal crossing designed and approved by the city, and then can construct these street frontages in accordance with this design. Construct transition areas as required by the City Engineer for all approaches to and departures from the new ultimate paved areas. Landscaping shall be reviewed during the site plan review process. All landscaping withln city right-of-way along the 'GPA frontage shall be maintained by the property owner. All street paving sections are to be determined based on R-value tests, the number and location to be determined by the City Engineer, and using traffic index values established by the Traffic Engineer. This area has been included in a drainage study already performed for Tract 4957. However, this area was calculated as residential area. The applicant shall provide a revised drainage study analyzing this area as commercial and proving that the proposed drainage facilities are satisfactory for this project. The study shall be approved by the City Engineer. The applicant shall construct improvements required by this study to accomplish suitable drainage for this site. Any required drainage basin sites and necessary easements shall be deeded to the city prior to recordation of any subdivision map or certificate of compliance or issuance of any building permit within the GPA area. Sewer service is available in Ashe Road. 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. Street light locations and quantities shall be determined during the site plan review process. Additional street easements may be required along Harris Road and Ashe Road for slopes depending upon final street grades along these streets. ORIGINAL Exhibit "A" GPA 2-90, Segment I Page 3 15. 16. Location of drive approaches to Harris Road and, if allowed, to Ashe Road shall be determined during the site plan review process. a:sleb As presented in the Traffic Study prepared by the Transportation Planning Group, the number of trips generated by this project is 6856 ADT. The impact to the surrounding intersections and the applicant's proportionate share are as follows: a. Ashe Road at District Boulevard (5%*) $6,000.00 b. Harris Road at Stine Road (5%*) $6,000.00 c. Ashe Road at Harris Road (10%) $12,000.00 Rounded to the nearest 5%. ORIGIklAL GENERAL PLAN AMENDMENT 2-90, SEGMENT I LI LI I I I I LR 'U HMR / / i 8OO T3OS, R27E 21 TENTATIVE TRACT 4957 LR LR r-I LR HR 22 EXHIBIT B LR JOHN SARAD FROM LR 30 GC 5 ACRES ORIGINAL