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HomeMy WebLinkAboutRES NO 22-90RESOLUTION NO. 22-90 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND APPROVING SEGMENT III OF PRO- POSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 4-89). WHEREAS, the Council of the City of Bakersfield referred Segment III of a proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area 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 December 21, 1989, on Segment III 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 III of the proposed amendment to Land Use Element of the Bakersfield Metropolitan Area General Plan is as follows: the SEGMENT III DEWALT-PORTER ENGINEERING has applied to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan from Industrial, Auto Related to Industrial, General Purpose on 30.92 acres. The City of Bakersfield Planning Commission will consider the proposal for the entire 84.38 acres generally located between Pacheco Road and Harris Road, and between Wible Road and Highway 99. ~ concurrent rezoning application from M-1 (Light Manufacturing, Auto Related) to M-1 (Light Manufacturing, General Purpose) Zone is also proposed; 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; 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 No. 107-86 have been duly fol- lowed by the City staff and the Planning Commission; and WHEREAS, by Resolution No. 46-89 on December 21, 1989, the Planning Commission recommended approval and adoption of Segment III, subject to a condition of development, 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, MARCH 7, 1990, on the above-described Segment III of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area 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; and WHEREAS, the Planning Commission considered the General Plan Amendment for the entire 84.38 acres generally located between Pacheco Road and Harris Road, Wible Road and Highway 99, commonly known as the Auto Mall development; and WHEREAS, 30.92 acres of that area is currently vacant and generally located along the west side of Gasoline Alley Drive at Motor Center Drive and on the east side of Gasoline Alley Drive, north of Harris Road; and WHEREAS, conditions of approval as attached in Exhibit "A" are included in the project to provide compatible development between the general purpose industrial use, surrounding existing auto mall and residential use. NOW, THEREFORE, IT IS HEREBY RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Negative Declaration for Segment III, limited to the 30.92 acres identified in Exhibit "B", is hereby approved and adopted. 3. Public necessity, convenience, general welfare and good planning practice justify the proposed General Plan Amendment for said 30.92 acres, as conditioned below. - 2 - 4. Proposed General Plan Amendment as limited will compatible with future development in surrounding areas and development on the project area. be 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. 6. The City Council hereby approves and adopts Segment III of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan for the 30.92 acres identified on Exhibit "B", subject to the conditions of approval listed in attached Exhibit "A". 7. That Segment III, as approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 4-89. .......... o0o .......... - 3 - I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the C~t f Bakersfield at a regular meeting thereof held on MAR ~§~ , by the following vote: AYES; COUNCIl. MEMBERS: EDWARDS, DeMOND, SMITH, BRUNNI, PETERSON, McDERMOtt', SALVAGGiO ABSTAIN COUNCILMEMBERS ~'~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR~J~. SAA~I~F ,~D , CITY ATTORNE~ ~f' the City of Bakersfield AJS/meg Attachment Exhibit "A" Exhibit "B" G GPA 4 4-89SEG3.1 3/1/90 - 4 - Exhibit "A" Conditions of Approval GPA 4-S9, Segment III/ZC 4952 The applicant shall construct standard 4.5' wide sidewalk along the west side of Gasoline Alley Drive on those vacant properties. 2. Local streets shall have minimum 10 foot wide landscape strips in addition to the minimum 4.5 foot wide sidewalks. Submit copies o2 the recorded C.C.&R.'s along with all recorded amendments, to the City. Revisions or modifications to the documents, made necessary by the general plan amendment, shall be approved by ~he City prior to their being recorded. It will be the responsibility of each property owner within Maintenance District No. 15 to maintain the landscaping between the curbline o~ the street and landscape easement ad3acent to their property. 5. The property owner will be assessed for the maintenance of the median islands on Pacheco Road and on Wible Road and for the wall and landscaping along the west side of Wible Road south of Pacheco Road. 6. Trees shall be planted and maintained along all street frontages in accordance with adopted city ordinances. 7. A neighborhood shopping center shall not be allowed within the pro3ect area. All lighting shall be directed away from residential areas and Freeway 99. 9. Noise monitoring and/or abatement costs which may be required as a result of noise complaints from adjacent land uses shall be ~he responsibility o~ the parcel owner and, if applicable, the lessee o~ such parcel suspected of violating adopted noise element standards. 10. No structure shall exceed 45 feet in height. Open storage areas shall be attractively screened from Freeway 99 and Gasoline Alley Drive. No outdoor storage above screen walls or ~ences. i2. All rooztop equ~.pment shall be attractively screened from surroundin~ uses. i3. Outdoor adverulslng signage (i.e. billboards) shall be prohibited. GPA 4-89, Segment Exhibit "A" Page 2 III 14. Regardless o~ use, 15. all structures shall be set back from property lines a minimum distance of 20 feet. All structures of A, H, I and E occupancies, as defined in the current edition o~ the Uniform Building code, shall be sprinklered. 16. All structures with a gross floor area of 5,000 square feet or more shall be sprinklered for ~ire protection. 17. Any use which involves the storage, handling use or sale of hazardous materials or chemicals shall be subject to fire department review and condltional approval to ensure protection of surrounding uses. 18. No adult entertainment establishments as defined in Section 17.69.020, freestanding nightclubs or freestanding bars (bars not integrated with a ~ull service restaurant) shall be allowed within the pro~ect area. 19. The improvements required to be constructed for Parcel Map 7662 (Improvement Agreement #86-30) shall be completed and accepted bf the City within 30 days of Planning Commission action. r/rs3ea LOW DENSITY R£SiDENTiAL _~ GPA 4-89 SEG. Iil AMEND PREVIOUSLY APPROVED CONDITIONS ON PORTION OF AUTO MALL DEVELOPMENT PACHEO0 ROAD (,~T WY~ T30S, R27E SCALE IN FEET u~ INDUSTRIAL INDUSTRIAL COMMERCIAL. CITY ~ I-"~.'~ ~ ~DENSIT¥ · PROJEOT SITF' TO BE CONSIDERED AREA OF DEWALT-PORTER REQUEST EARLElIE AVE. DRIVE LDR FAIRVIEW LOW DENSIT RES. 118904- EXHIBIT B