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HomeMy WebLinkAboutRES NO 234-87RESOLUTION NO. 234-87 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND APPROVING SEGMENT II OF PRO- POSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 3-87). WHEREAS, the Council of the City of Bakersfield referred Segment II 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 17, 1987, on Segment II of a proposed amendment to the Land Use Element of the Gen.~ral 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 II of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan is as follows: SEGMENT II: DICK FOSTER has applied to amend the Land Use Element of the General Plan from Low Density Residential to Commercial on .98 acres located at the northeast corner of Panama Lane and Fcrtune Street. Concurrent rezoning is from R-2 (Limited Multiple- Family Dwelling) Zone to a C-1 (Limited Commercial) Zone for development of a restaurant, and street closure of Fortune Street between Panama Lane and Tomlinson Street. WHEREAS, for the above-described Segment, an Initial Study was conducted, and it was determined that, with mitigation measures incorporated as conditions of development and accepted by the applicant, the proposed project would not have a signifi- cant 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. 44-87 on September 17, 1987, the Planning Commission recommended approval and adoption of Segment II, 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 has determined that vacation of Fortune Street is unwarranted and that this project can be effectively accomplished with the required P.C.D. Zone split by that street; and WHEREAS, the condition of approval requiring a P.C.D. (Planned Commercial Development) Zone over the entire 3.12-acre commercial site provides for a development of a commercial and professional center in harmony with the character of the sur- rounding neighborhood and community; 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 December 2, 1987, on the above-described Segment II 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 II 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. The City Council hereby approves and adopts Segment II of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan subject to the follow- ing conditions of approval: Subject to approval of GPA 3-87, Segment II, an approved P.C.D. (Planned Commercial Development) zone is required to include the entire 3.12-acre commer- cial site (existing commercial at northeast corner of Panama Lane and Wible Road and .98-acre site on east- side of intersection of Fortune Street and Panama Lane). Commercial and professional development will be designed, constructed, occupied and operated in a manner which will be compatible and harmonious with the surrounding residential neighborhood. The project will provide one parking space per 200 square feet of gross building area for the entire 3.12 acres of commercial. A comprehensive sign plan ble with the neighborhood, Planning Commission prior complimentary and compati- shall be approved by the to installation of signs. There shall be a mix of tenant uses compatible with the neighborhood. A list of allowed uses shall be included with approval of the P.C.D. zone. A comprehensive landscape plan complimentary and com- patible with the surrounding residential neighborhood shall be approved by the Planning Commission. 5. That Segment II, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 3-87. .......... 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 December 16, 1987 , by the following vote: AYES: COUNCILMEMBERS CHILDS. DeMOND. SMITH, RATrY PET;:¢;SO:,I Mc~'inMOT~, SALVAGGIO NOES COUNCILMEMBFRS None ABSENT COUNCILM~;MDE H2: None ABSTAINING COUNCILMEMBERS None CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED December 16, 1987 MAYOR of the City offBakersfield APPROVED as to form: ---- INTERIM ~ A¢ORNEY?of the City olf ~er,s/£~t'eld AJS/meg G GPA 5 3-87SEG21A 12/08/87 - 4 -