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Home My WebLink AboutRES NO 234-88RESOLUTION NO. 234-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND APPROVING SEGMENT I OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE ELEMENT AMENDMENT 2-88). WHEREAS, the Council of the City of Bakersfield referred Segment I 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 Code, held a public hearing on September 15, 1988, 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 the Land Use Element of the Bakersfield Metropolitan Area General Plan is as follows: SEGMENT I MOSESIAN DEVELOPMENT CORPORATION has applied to amend the Land Use Element of the General Plan from Industrial (Auto Related) to Industrial (General Purpose) on 60 acres generally located south of Harris Road, east of Wible Road to Freeway 99. 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 107-86 have been duly followed by the City staff and the Planning Commission; and WHEREAS, by Resolution No. 39-88 on September 15, 1988, the Planning Commission recommended approval and adoption of Segment I 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 NOVEMBER 16, 1988, on the above-described Segment I 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 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 hereby approved and adopted. 3. 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. 4. Public necessity, convenience, general welfare and good planning practice justify the proposed General Plan Amendment, as conditioned below. with future the project Proposed General Plan Amendment will be compatible development in surrounding areas and development on area. 6. The City Council approves and adopts Segment I of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, subject to the conditions of approval listed below: In keeping with the policy of restricting access onto arterials, the applicant shall submit to the City Engineer for recordation a properly executed waiver of direct access rights from all abutting parcels to Wible Road; provided, however, one additional access off wible Road shall be allowed to that portion of the property north of Auto Mall Drive~ subject to approval of the City's Traffic Engineer. - 2 - g o Minimum 5.5 foot wide sidewalks shall be constructed on all streets. Construction may be deferred until development or resubdivision of each parcel. The developer of each parcel which has a standard street. light, or lights, adjacent to it shall be responsible for and pay all costs involved in pro- viding electrical service to each light and ensuring that the light(s) are energized prior to occupancy. Easements which may be necessary to provide electri- cal service to the street lights shall be submitted to the City Engineer. Prior to development or resubdivision of any parcel, the applicant shall enter into an agreement with the City and post approved security to guarantee payment of his share of costs involved in traffic signal construction at the following intersections: Harris Rd. at Wible Rd. $90,000 Panama Ln. at Wible Rd. $30,000 (75% of $120,000) (25% of $120,000) Payment shall be made to the City at the time said funds are required for signal construction. Submit copies of 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 the 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 of the street and landscape easement adjacent to their property. The property owner will be assessed for the mainte- nance 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. A minimum 20 ft. landscape strip plus at least a 5.5 ft. wide sidewalk will be required along Wible Road. The interior local streets shall have minimum 10 ft. wide landscape strips with minimum 5.5 ft. wide sidewalks. All landscaping within the Kern Delta Water District easements shall be in accordance with the District guidelines, and landscaping plans shall be approved by the District prior to submittal to the City for approval. All lighting shall be directed away from residential areas and Freeway 99. No exterior amplified audio communication systems are allowed on the property south of Auto Mall Drive. Trees shall be planted and maintained along all street frontages in accordance with adopted city ordinances. No single story structure shall be constructed or located %~ithin 40 feet of any property zoned or used for residential purposes and no two-story structure shall be constructed within 65 feet of any property zoned or used for residential purposes. Noise monitoring and/or abatement costs which may be required as a result of noise complaints from adja- cent ].and uses shall be the responsibility of the parcel owner and, if applicable, the lessee of such parcel suspected of violating adopted noise element standards. Uses within the 40-foot setback referenced in "n" above shall be limited to automobile parking (not storage of equipment materials or supplies) and landscaping. This does not allow truck deliveries and/or trash pickup. No structure shall exceed 45 feet in height. Open storage areas shall be attractively screened from Freeway 99 and Wible Road. Signage within 200 feet of residential areas shall be limited to monument and wall signs. All rooftop equipment shall be attractively screened from surrounding uses. No outdoor storage shall be allowed within 200 feet of residential uses. - 4 - The project area south of the centerline of Auto Mall Drive (extended easterly to Freeway 99) shall be zoned C-2 (General Commercial) or more restrictive. Within the portion of the project area zoned M-i, the following conditions shall apply: Regardless of use, 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 of the Uniform Building Code, shall be sprinklered. All structures with a gross floor area of 5,000 sq. ft. or more shall be sprinklered for fire protection. Any use which involves the storage, handling use or sale of hazardous materials or chemicals shall be subject to fire department review and conditional approval to ensure protection of surrounding uses. No adult entertainment establishments as defined in Section 17.69.020, freestanding nightclubs or free- standing bars (bars not integrated with a full- service restaurant) shall be allowed within the project area. 7. That Segment I, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 2-88. .......... 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 November 16, 1988 , by the following vote: ABSSNT COUNCILMEMBERS None .... ABSTAINING: COUNCILMEMBERS Nope .... ASSISTANT CITY CLERK and Ex Offi~6 Clerk of the Council of the City of Bakersfield APPROVED November 16, 1988 MAYOR of the City of Ba~ersfield APPROVED as to form: TTORiN,~ of,/~ City of Bakersfield G GPA 4 2-88SEG1.1 11/8/88 - 6 -