HomeMy WebLinkAboutRES NO 23-88RESOLUTION NO. 23-88
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND PARTIALLY APPROVING SEGMENT I
OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE BAKERSFIELD METROPOLITAN AREA GENERAL
PLAN (LAND USE AMENDMENT 4-87).
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 December 17, 1987,
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, .~uch Segment I of the proposed amendment to the
Land Use Element of the Bakersfield Metropolitan Area General
Plan is as follows:
SEGMENT I:
CMC GROUP, INC. applied to amend existing
General Plan requirements regarding street
frontage landscaping and location and use
requirements for automobile display pads on
the southeast corner of Wible Road and
Pacheco Road;
,and
WHEREAS, Eor 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 Declara,sion 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 BakersEield Resolution No. 107-86 have been duly fol-
lowed by the City staff and the Planning Commission; and
WHEREAS, persons from the neighborhood west of the pro-
ject area spoke in favor of the existing requirement for substan-
tial landscaping within the project area; and
WHEREAS, the requirement for use of automobile display
pads for new cars only was determined to be necessary for quality
control of the auto mall project; and
WHEREAS, it was determined that an acceptable sight dis-
tance monitoring device could be installed on display pads to
monitor sight line encroachments without removal or relocation of
display pads; and
WHEREAS, by Resolution No. 1-88 on December 17, 1987, the
Planning Commission recommended partial approval and adoption of
Segment I subject to conditions and this Council has fully con-
sidered 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 February 24, 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
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 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 landscape plan submitted by Nord and Associates
dated October 16, 1987 provides acceptable landscaping in compli-
ance with Municipal Code Section 15.53.061 and is in the spirit
of auto mall landscape buffer strategy. Segment I, incorporating
said landscape plan, is approved subject to the following condi-
tions and limitations:
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Do
Landscape installation shall comply with the
plan submitted by Nord and Associates dated
October 16, 1987.
The primary palm planting theme shall consist of
Queen palms no less than 12 feet in height.
Trees other
depicted on
evergreen.
than palm and flowering trees
the plan referenced above shall be
Trees other than palm shall be a mix of 24 inch
box and 15 gallon size at planting. Size of
palms is based on height requirement stated in
Condition b.
Cable tethers installed by the applicant to
limit encroachment into sight line setbacks are
unsatisfactory due to inconsistent application
and monitoring difficulties. However, an easily
visible sight line setback device is necessary for
the three eastern most display pads. Relocation
of display pads is not necessary and acceptable
setback monitoring devices are available and must
be installed as follows:
The location of the sight line shall be delineated
from edge to edge along each automobile display pad
encroaching into the line of sight. Said delinea-
tion shall be accomplished by means of either a
white painted stripe or a sawcut line 1/4-inch
width minimum.
Proposed condition amendment to allow display of
used cars on display pads is unjustified. The pre-
viously approved condition (GPA 3-86, Segment III)
limiting display to new cars is retained.
5. That the proposed amendment to the Land Use Element
for Segment I, to the extent approved, be combined with other
approved segments, described in separate resolutions, to form a
single Land Use Element Amendment, GPA 4-87.
.......... o0o ..........
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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 February 24, 1988 , by
the following vote:
COUNCILMEMBERS CHILDS, DeMOND. SMITH, RATTY PETERSON, McDERMOTT, ,~ALVAI3GIO
COUNClLMEMBE P,S None
A~SENT COUNCILME~,{8~,c, None
ABSTAINING. COUNCILMEMBERS None
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
February 24, 1988
MAYOR of the City of ~akersfield
APPROVED as to form:
--INTERIM CI~f ATTQ~NEY df the
AJS/meg
G GPA 5
4-87SEG1.1
2/18/88
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