HomeMy WebLinkAboutRES NO 190-89RESOLUTION NO. 190-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND APPROVING SEGMENT
IV OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE BAKERSFIELD METROPOLITAN
AREA GENERAL PLAN (LAND USE AMENDMENT 3-89).
WHEREAS, the Council of the City of Bakersfield referred
Segment IV 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 October 19, 1989, on
Segment IV 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 ~ewspaper of
general circulation]; and
WHEREAS, such Segment IV of the proposed amendment to
the Land Use Element of the Bakersfield Metropolitan Area General
Plan is as follows:
SEGMENT
EPCO~ INC.. has requested to amend the Land
Use Element by modifying previously approved
condition~ of approval on 40 acres located
at the southeast corner of South "H" Street
and Panama Lane. (See map marked Exhibit "A"
attached hereto and made a part hereof.) The
conditions of approval generally relate to
street and other improvements. The concurrent
rezoning is also to modify previously approved
conditions of approval;
and
WHEREAS, for the above-described Segment, an Initial
Study was conducted, and it was determined that the proposed pro-
ject would not haw? 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, ~)y Resolution No. 40-89 on October 19, 1989, the
Planning Commission recommended approval and adoption of Segment
IV 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, City Council Resolution No. 67-87, attached
hereto as Exhibit "B" and incorporated as though fully set forth
herein, sets forth conditions of approval of the previous General
Plan Amendment.
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, NOVEMBER
15, 1989, on the above-described Segment IV 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
publication 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 IV is hereby
approved and adopted.
3. 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
4. Public necessity, convenience, general welfare and
good planning practice justify the proposed General Plan
Amendment, as condi~tioned below.
5. Proposed General Plan Amendment will be compatible
with future develo[~ment in surrounding areas and development on
the project area.
6. The City Council hereby approves and adopts Segment
IV of the proposed amendment to the Land Use Element of the
Bakersfield Metropolitan Area General Plan modifying four previ-
ously approved conditions of approval relating to street improve-
ments, which are numbered to correspond to conditions in City
Council Resolution No. 67-87:
10.
Median islands shall be constructed on Panama Lane
and on South "H" Street. The owner of the resi-
dential property shall be responsible for con-
structing the portion of the median island
fronting the boundary of the residential subdivi-
sio[] and the owner of the commercial property
shal~l be responsible for constructing the median
island fronting the boundary of the commercial
property. Funds for constructing the median
island improvements fronting the boundary of the
residential subdivision shall be deposited with
the Public Works Department prior to issuance of
first building permit. The cost of the median
island improvements fronting the boundary of the
commercial property shall be bonded for in a form
acceptable by the City Attorney so that the
improvements for both the residential and commer-
cial property can be completed within 18 months
after acquisition of the right-of-way by the City
around the ?.G.&E. substation located on the
southwest corner of South "H" Street and Panama
Lane. The security instrument provided by the
commercial property shall be submitted and
acce~ted by the City prior to the City Council's
consideration of the GPA. A security instrument
shall be recorded against the commercial property
so that future owners will be aware of their obli-
gation to construct the median island improvements
and other South "H" Street improvements.
14.
With city acquisition of additional right-of-way
on Panama Lane and on South "H" Street adjacent to
the P.G.&E. substation at the southwest corner of
the intersection, the commercial property owner
shall construct standard curb and gutter,
sidewalk, and street paving tie-in on Panama Lane
concurrently with the city improving South "H"
Street. These improvements shall be constructed
within 18 months after acquisition of the P.G.&E.
right-of-way.
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15.
Upon development or subdivision of the proposed
C-2 (Note: Development is subject to adoption of
Planned Commercial Development Zone) or the
remaining R-1 portion, the south half of Panama
Lane shall be constructed to arterial standards
with curb and gutters, and street paving, from
South "H" Street to west boundary of Tract 4831.
Sidewalks will be required but may be deferred
until development of adjacent property. The
improvements fronting the commercial property
sha~l be secured in a form acceptable to the City
Attorney so that the improvements will be com-
pleted concurrently with the construction of the
improvements fronting the P.G.&E. substation.
a
Add~tional paving will be required on the north
half of Panama Lane from South "H" Street to the
west line of Tract 4615. The additional paving
required on the north half of Panama Lane consists
of an unimproved strip approximately 20 feet wide
and 450 feet long between existing paved areas.
Note: These improvements will not be required as a
condition of approval for a parcel map dividing the
property into three parcels along the zone lines.
16.
Upon development or subdivision of the proposed R-2
or proposed C-2 (Note: P.C.D. required) areas
respectively, the east half of South "H" Street
fronting the respective property shall be con-
strutted to arterial standards with curb and
gutter, street paving, and sidewalk from Panama
Lane to the north right-of-way line of the
Arvin-Edison Canal. Again, sidewalks are required
but may be deferred until development on the adja-
cent property. The improvements fronting the com-
merci. al property shall secured in a form acceptable
to the City Attorney so that the improvements will
be completed concurrently with the construction of
the improvements fronting the P.G.&E. substation.
Note:~ These improvements will not be required as a
condition of approval for a parcel map dividing the
property into three parcels along the zone lines.
7. That Segment IV, approved herein, be combined with other
approved segments described in separate resolutions, to form a
single Land Use Element Amendment, GPA 3-89.
.......... 000 ..........
GENE 'AL PLAN AMEii~/MENT
3-89 SEGMENT
PANAMA i- LANE
~-;~ ~ ~/~I ,'
~ $~ AL _ . :i:i:i:!:i:i:i:i::
" ' LOW DENSlT¥!i LOW
~ V~Ew DR / RESlOENTIAL ~ DENSITY
~ ~ :::::::::::::::::::::::::::::::::
~[~ LOW DENSITY :~:[:~:?~:~:~:[:~
~-~ RESIDENTIAL .........
~ ~ ~o MEDIUM DENSITY[~?? , j .:.:.:.:.:.:.:::::~
l~l -- 'l' f .REStOE",[I~ ~"'~" ::::::::::::::::::::::::::
Jl ~ ...... l[ ~ ' [ ' ~I ~ I I I . llI' .....
LOW DENSITY RESIDENTIAL I.,N.~ ~ ~i : I I ~ ~ I II .i : ~ ~ V i i~ -- [~,~ Ill~' ~~ N ~ ~ I
--- ?--. - .......
LOW DENSITY
RESIDENTIAL INDUSTRIAL
Z
0 400
SCALE IN FEET
LOW DENSITY
RESIDENTIAL
BERKSHIRE
ROAD
LOW DENSITY RESIDENTIAL
25
T50S, R27E
EXHIBIT A
30
T30S, R28E
LOW DENSITY RESIDENTIAL
EPCO INC.
Modify Conditions of
Approval on 40 acres
EXHIBIT B
RESOLUTION NO. 67-87
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS, ADOPTING 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 1-87).
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
.Bakersfield, in accordance with the provisions of Section 65351
of the Government 0ode, held a public hearing on March 19, 1987,
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
the Land Use Element of the Bakersfield Metropolitan Area General
Plan is as follows:
Segment IlI:
MILTON RUDNICK represented by SIMPSON-VAN
CUREN, ING. has requested a change in the
General Plan Land Use Element designation
from Low Density Residential to Commercial
on 14.4 gross acres and to Medium Density
Residential on 9.6 gross acres located on the
southeast corner of Panama Lane and So. "H"
Street, and concurrent rezoning from R-1
(One Family Dwelling) to C-2 (Commercial)
and R-2 (Limited Multiple-Family Dwelling ,
or more restrictive zones.
WHEREAS, for the above-described Segment an Initial
Study was conducted, and it was determined that, the proposed
project would not ~ave 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. 3-87 on March 19, 1987, the
planning Commission recommended approval and adoption of
Segment III by this Council, as limited and conditioned by that
Resolution, 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 May 6, 1987, 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 publicatio~-'in-
the Bakersfield Californian, a local newspaper of general cir-
culation.
IT RESOLVED and found by the Council
NOW, THEREFORE, BE
of the City of Bakersfield as follows:
1. The above recitals and findings, incorporated
herein, are true and correct.
2. The Negative Decl=ra~xo for Segment T~I is hereby
approved and adopted.
~ The report o-f the Planning Commission, including
maps and all reports and papers relevant tbereto, transmitted by
the Secretary of the Planning Commission to the City Council, is
hereby received, accepted and approved.
4. The City Council hereby approves and adopts Segment
iII of an amendment to the Land Use Element of the Bakersfield
Metropolitan Area General Plan, providing for 14.44 gross acres
(including streets., canals and other easements) of Commercial,
subject to PCD zone and conditions of approval listed in
Attachment 2, and 9.6 gross acres of Medium Density Residential,
limited to i25 dwelling units and subject to conditions of appro-
val listed in Attachment 2.
5. That Segment Iii, approved herein, be combined with
other approved seg-ments, described in separate resolutions, to
form a single Land Use Element Amendment, 1-87.
.......... 000 .........
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I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield
regular meeting thereof held on May 6, 1987
the following vote:
A~SENI COUNC,L M F r,'.B[nS
at a
, by
/$! C~_ROL WILLIAMS
CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield
t~e
APPROVED
Ma'~' 6, 1987
/S/ THOMAS A. PAYNE
MAYOR of ~ne CLzy of
Bakersfield
APPROVED as to form:
/S/ RICPJ-%D J. OBEPZ4OLZER
C±-Y ATTORNEY of ~me City of Bakersfleia
AJS/meg
O GPA 5
$EG3.1
- 3 -
Attachment 2
(Supersedes Attachment A1)
Conditions of Approval
PROJECT: GPA 1-87, Segment III and Zone Change 4555
(Previously GPA 4-87, Segment III)
In order to mitigate potential impacts resulting from shopping
center development and proximity to residential zones and uses,
the following conditions of approval are:
1. A maximum of 125 multiple-family dwelling units will be.
allowed on 9.6 acres Medium Density Residential portion.
2. There will be a maximum of 14.4 gross acres of commercial
property subject to PCD zone. (Including .adjacent Kern
Island Canal easement.)
3. Subject to approval of GPA 1-87, Segment !!I, the commer-
cial ' ' ~'
Geslgna~on portion shall be rezoned to a C-1
"holding" zone. A PCD zone must be approved prior to
development of the commercial property.
4. Upon development of commercial property, the S-foot
(eight) high continuous block wall to the east and south
shall be constructed immediately upon final grading of
site and watering techniques will be utilized during all
grading to reduce noise and dust problems associated with
the proposed retail development. lQo building permit
for commercial property (except for block wall) shall be
issued until said block wall is completed.
5. All air conditioning units, blowers, etc. on commercial
property shall be arranted and designed to shield noise
and view from all the streets and res~en=lal
east and south of the project area.
6. All lightS, along the east and south propert}' line visi-
ble from residential property (indoor and outdoor), shall
be limited in mounting height to a maximum of S-foot from
ground level and shielded away from residential uses.
7. prior to final building inspection of any commercial
structure, minimum 15 callon size evergreen trees shall
be planted 30 feet on ~enter and maintained along the
eas% and south property lines which are adjacent to R-1
and R-2 zoned property. Trees shall provide a minimum
!5-foot hi!~h screen at tree maturity. Minimum five (5)
foot landscape strip along east and south property lines
shall be installed and maintained along the commercial
side of the wall.
Attachment ~2
Page 2
On commercial property trash dumpsters shall not be
located within 24 feet of R-1 and R-2 zoned property on
the east and south sides. Refuse containers shall be
screened from view.
9. Prior to the issuance of any building permit on any par-
cel, including the R-1 area, or within two years of
Council approval of this GPA, whichever occurs first, the
applicant shall post with the City Engineer a bond, paya-
ble to the City in the amount of $25,000 to assure pay-
ment of the developer's share of the cost of the
installation of a traffic signal at the intersection of
Panama Lane and South "H" Street. Payment shall be made
to the city upon demand by the City for construction of a
traffic signal.
10. Median islands shall be constructed on Panama Lane and on
So. "~" Street as part of the street improvements
required for development of the property.
11. vehicular access to South "H" Street from the R-2 site
shall be limited to one location, whether that access is
via a public street, private street, access easementr
drivewayr etc.
12. Prior to issuance of a building permit or filing of a
final subdivision mapr the applicant shall dedicate a
waiver of direct vehicular access rights to: South
Street from the south right-of-way line of Panama Lane to
300 feet south; andr Panama Lane from the eas5 right-of-
way line of South "H" Street to 200 feet east.
!3. Prior to issuance of a building permit or recordation of
a subdivision map on any portion of the entire 40-acre
site, the applicant shall offer for dedication to arte-
rial standards additional right-of-way on Panama Lane
from South '~E" Street %o the west line of Tract 4831 and
on South "E" Street from Panama Lane to the Arvin-Edison
Canal.
with.City arquisiticn of additional right-of-way on
Panama Lane and on South "~" Street adjacent to the P.G.&E.
substation at the southwest corner of the intersec-
Lion, the applicant shall construct standard curb and
cutter, sidewalk, and street paving tie-in on Panama Lane
~oncurrent!y ~ith the City improving South "E" Street.
Attachment A2
Page 3
15. Upon development or subdivision of the proposed C-2 area
or the remaining R-1 portion, the south half of Panama
Lane shall be constructed to arterial standards with curb
and gutters, and street paving, from South "H" Street to
west boundary of Tract 4831. Sidewalks will be required
but may be deferred until development of adjacent pro-
perty.
Additional paving will be required on the north half of
Panama Lane from South "H" Street to the west line of
Tract 4615. The additional paving required on the north
half of Panama Lane consists of an unimproved strip
approximately 20 feet wide and 450 feet long between
existing paved areas.
Note: These improvements will not be required as a con-
dition of approval for a parcel map dividing the property
into three parcels along the zone lines.
16. Upon development or subdivision of the proposed R-2 or
proposed C-2 areas, the east half of South "~" Street
shall be constructed to arterial standards with curb and
gutter, street paving, and sidewalk from Panama Lane to
the north right-of-way line of the Arvin-Edison Canal.
Again, sidewalks are required but may be deferred until
development on the adjacent property-
~ote: The~e improvements will not be required as a con-
dition of approval for a parcel map dividing the property
into three parcels along the zone lines.
17. A comprehensive drainage olan of the proposed C-2, pro-
Dosed R-2, and remaining ~-1 properties shall. be submit-
. - prior to
~_d to and approved by the City Engineer .
issuance of a building permlt or recorSa~lon of a
vision map on any portion of the properties.
18. If it's determined by City Engineer that the Fairview
Planned Drainage Area facilities can't be utilized, then
an on-site stormwater retention basin will be required
~' e property, or the deveioDer may participate
for the en._lr - ~
in a proposed planned drainage area utilizing the Kern
Island Canal as a stormwater conduit and pay all applica-
ble fees p~oposed for the planned drainage area..
!9. A six-foot (6) chain link fence or equivalent shall be
installed adjacent to any uncovered canals, making the
canal inaccessible to small children at time of first
building permit issuance.
Attachment A~2
Page 4
20.
21.
An Acoustical Consultant shall design the structures
within the project to mitigate noise exposures of 60 dB
or greater in accordance with the CNEL Contours and Title
24 of the california Administrative Code.
Park land dedication and/or in-lieu fee payment shall be
required from proposed subdivision developments.
p/crs3.2
6
II
1D
Iqilton Rudnick
Low Density Residential to Commercial
· ~,',edium Density Residential