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Home My WebLink AboutRES NO 220-88RESOLUTION NO. 220-88 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 2-88). 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 65351 of the Government Code, held a public hearing on September 15, 1988, 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 pub- lication 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 III: CALIFORNIA HARVEST SHOPS, INC. (Oceanic Inc.) requests to amend the Bakersfield Metropolitan Area General Plan from Low Density Residential land use designation to Commercial on a total of 4.082 +/- acres for parcels A (2.02 acres) and B (2.062 acres) located at the northeast corner of Gosford Road and White Lane and con- current zone change from R-2 (Limited Multiple- Family Dwelling) Zone to C-2 (Commercial) Zone on a total of 4.082 acres for Parcels A (2.02 acres) and B (2.062 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 was prepared; and WHEREAS, the law and regulations relating to the prepara- tion 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. 41-88 on September 15, 1988, 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 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 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 at least ten (10) calendar days before the hearing by publication in the Bakersfield Califgrnian, 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. 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. 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 subject to the follow- ing conditions of approval: The 4.082 acre project site and the 10 acre site centrally located between the two project parcels shall be developed as an integrated and coordinated commercial center. Developer shall provide at minimum a ten (10) foot wide completely landscaped strip along all arterial streets (10-foot strip is measured from behind the sidewalk toward the property line: 4-foot in the street right-of-way plus 6-foot landscape easement) containing the following: - 2 Fe Mounds undulating to three feet along arterial frontages with irrigation drainage/runoff diverted to on-site drainage (catch basins). Trees spaced every 30 feet on center and groundcover over the balance of landscaped area. Landscape plantings shall be limited in height to assure adequate visibility. A comprehensive sign plan shall be submitted for approval by the Planning Commission at site plan review. All exterior area lights shall be limited in height (measured from ground level) and shielded in a manner to prevent light & glare on residential property and public rights-of-way. Light plan to be approved by Planning Director at site plan review. All air conditioning units, blowers, etc., on commercial property shall be arranged and designed to minimize noise and shield view from all adjacent streets and residential structures. Refuse containers shall not be placed within 24 feet of residential property and shall be shielded from view from streets or neighboring properties. Site design shall incorporate barriers to mitigate noise levels to acceptable levels approved by Planning Director at site plan review. Structures facing residential units located northeast of the project shall be restricted to single story in height or not be allowed window openings toward the northeast to ensure privacy of residents. Prior to recordation of a subdivision map or issuance of a building permit, the applicant shall enter into an agreement with the City and post approved security to guarantee payment of 100% of the costs involved in the construction of a traffic signal at white Lane and Cernan Way. The cost of the signal is $120,000. The developer/subdivider may install the traffic signal prior to development or subdivision in lieu of depositing fees with the City. If this option is chosen, then prior to development or recordation of a subdivision map, the developer/subdivider shall enter into an improvement agreement with the City and post approved security to guarantee the installation of the signal. - 3 Prior to recordation of a subdivision map or issuance of a building permit, the applicant shall enter into an agreement with the City and post approved security to guarantee either payment of 100% of the costs involved in the construction of a traffic signal, if warranted, at Gosford Road and the first access north of White Lane. The agreement shall also state the security may be used to construct some other means for restricting access. The cost of the signal is $120,000. If warrants for the signal are not met by the end of five years from build out, as determined by the City Engineer, the applicant will be relieved of the responsi- bility for construction of the traffic signal, and the City shall release the security. In the event a traffic signal is not warranted within that five-year period but solme other form of restricted access is necessary, as determined by the City Engineer, the portion of said security necessary to construct the access restrictions will be used and the remainder released. Access control and access locations as shown in Figure 9 of the traffic study shall be provided, with the excep- tion of item J above. The exact location of the northern access onto Gosford Road will be determined at the time of site plan review or subdivision. The full access location onto Gosford Road shall be aligned with the street to the west. Minimum 5.5 wide sidewalks shall be required full length of the commercial property on White Lane and on Gosford Road at the time of development or subdivision of the site. 5. That Segment III, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, GPA 2-88. .......... o0o .......... - 4 - 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: AYES: (:OU~Ct~,U£MBER~: CHILDS, DeMCt#O, SMITH, RATT~, PETrqSO#, ~RM~ ~LVAGGIO A~EN% COU~I~EMBERS: None ~STAIN~: COUNCILMEM~E~: ~0~ CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED November 16. 1988 MAYOR of the City of B~ersfield APPROVED as to form: ~I--T~O~N~ o_f~.~ee Q~'t~ of ~akersfield LCM/meg G GPA 4 2-88SEG3.1 1118/88