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Home My WebLink AboutRES NO 154-87RESOLUTION NO. 154-87 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING NEGA- TIVE DECLARATION AND APPROVING AND ADOPTING SEGMENT II OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 2-87). 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 June 18, 1987, on Segment II 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 II of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan is as follows: SEGMENT II: HERB HULL representing WAYNE L. VAUGHN, SR., has applied to amend the General Plan Land Use Element designation from Low Density Residential to Commercial on 6 net acres located on the southwest corner of Stockdale Highway and South Allen Road. A concurrent rezoning application has also been applied to change the zoning from R-1 (One Family Dwelling) to PCD (Planned Commercial Development) con- sisting of three structures totaling approxi- mately 60,880 square feet of retail space; and WHEREAS, for the above-described Segment, an Initial Study was conducted, and it was determined that, with mitigation measures incorporated as conditions in the project 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, on June 18, 1987, the Planning Commission, by a vote of 2 yes, 2 no~ 1 abstention, 1 disqualification on a motion to recommend approval and adoption of this segment, was unable to make a recommendat[on to the Council concerning this application; 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 August 19, 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 at least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general cir- culation. 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 by the Secretary of the Planning Commission to the City Council, is ereby received, accepted and approved. 4. The City Council hereby approves and adopts Segment II of the proposed amendment to the Land Use Element of the ~akersfield Metropolitan Area General Plan, with incorporation therein of the following conditions of development: 1. The project shall comply with all site plan ~eview conditions. (See attachment.) 2. Hours of operation in Building A (main building) shall be from 7 A.M. to 9 P.M., seven days per week. Building A shall be limited to those uses allowed under C-1 (Limited Commercial) zoning which do not require a conditional use permit. - 2 - 10. 11. No use occupying Building A shall be operated in such a manner as to be deemed a nuisance or detrimental to adjacent residences. An ice cream parlor may be allowed to locate in Building A if such use is not operated in a manner deemed a nuisance to adjacent residen- tial. Trash and litter generated from said use will De disposed in closed plastic bags or similar closed container so as not to emit unpleasant odors, attract pest and vermin or be visually unpleasant. The two satellite pads shall be limited to those uses allowed under C-2 (Commercial) Zoning as specifically itemized by the Planning Commission. Restaurant uses shall be limited to locate on the two satellite pads. All lights (indoor and outdoor) shall be limited in mounting height to a maximum of 8 feet from ground level and shielded away from residential uses in order to protect residential privacy and create the least social and psycho- logical disturbance/stress to adjacent residents. Adequate fire protection (involving access(es), location and number of hydrants, water supply (gpm), etc.), shall be provided for the project and conform to the requirements of City Fire Department. Security lighting on the south and west eleva- tion shall not shine down into adjacent yards of single family residences. The 8-foot continuous block wall to the south and west shall be constructed immediately upon final grading of site and water techniques shall be utilized during all grading to reduce noise and dust problems associated with the proposed retail development. No building permit (except for block wall) shall be issued until said block wall is completed. - 3 12. 13. 14. 15. 16. 17. The parking lot area will be constructed as soon as possible to reduce dust emissions from the project area. All air conditioning units, blowers, etc., shall be arranged and designed to shield noise and view from residential structures west and south of the project area. Only limited and temporary outside storage of incidental materials (e.g., associated with home improvement business) which do not consti- tute a nuisance that may be detrimental to properties in the neighborhood or to the wel- fare of the occupants shall be allowed and only on west side of service alley located behind Building A; allowed use would be drive-through customer pick-up service; provided such storage is in an area screened from public view and fenced not less than six feet or higher than eight feet in height and such items shall not be stored higher than or extended above such fence. With the site plan application, any proposed use intending to exercise outside storage con- ditions must submit a statement to the Planning Department describing materials/items to be stored. After site plan approval, no business shall engage in outside storage without first submitting such a statement to the Planning Director. The Planning Director shall review and determine if the proposed items to be stored outside are within the intent of said conditions. Discrepancies or disputes may be reviewed and acted upon before the Planning Commission as appropriate. Buildings shall be limited to single-story structures. Trash and garbage pickup shall be a minimum of three times per week. Trash pickup time shall be arranged to occur between 7 A.M. and 9 P.M. on any day. Evergreen trees shall be planted and maintained along the south and west property lines to pro- vide a minimum 12-foot high screen at tree maturity. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Detailed landscape plans shall be submitted to the Planning Commission for approval. A comprehensive sign plan shall be submitted to the Planning Commission for approval. In order to construct Stockdale Highway in its ultimate alignment, the applicant shall dedi- cate for right-of-way purposes the north 110' of Section 2 adjacent to his site. A waiver of direct access rights to Stockdale Highway and to Allen Road, except at specific locations approved by the Traffic Authority, shall be required. Construct Stockdale Highway to arterial stan- dards, including curb and gutter, street paving, removal of existing curb and gutter as required, median island, pavement transitions, and utility pole relocations. Furnish and install an eight phase, traffic actuated traffic signal approved by the City Engineer at the intersection of Allen Road and Stockdale Highway. Submit engineered improvement plans to be approved by the City Engineer to allow suffi- cient time for completion of the improvements prior to the agreement expiration date. This site is within Assessment District 87-1 and all assessments shall be the responsibility of the property owner. Within 30 days of segment approval and adop- tion, the applicant shall dedicate the right- of-way, enter into an improvement agreement with the City, and post approved security to guarantee construction of the Stockdale Highway improvements. The construction of the Stockdale Highway improvements shall be completed by January 1, 1988. - 5 - 28. 29. 30. 31. The applicant shall, in a timely manner, make all arrangements with the appropriate utility companies for pole relocations so that con- struction of Stockdale Highway will not be impeded. So. Allen Road shall be improved as authorized by the City Engineer and as previously approved with Tract 4445. No left turn access will be allowed from pro- ject site onto Stockdale Highway traveling westbound. No left turn access will be allowed from westbound Stockdale Highway into project site. All left turn activity shall be limited to traffic signal at Stockdale Highway and So. Allen Road. Access to and from So. Allen Road shall be reviewed by, and subject to approval by, the City Traffic Engineer. 5. That Segment II, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 2-87. .......... 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 Auqust 19, 1987 , by the following vote:: AYES: COUNCILMEMBERS CHILO$,~N, SML~H,RA~Y, ABSTAINING: COUNCILMEMBERS: DEPUTY CITY CLERK and Ex Off~g~'~ Clerk of the Council of the City of Bakersfield APPROVED August 19, 1987 MAYOR of the City ~f' Bakersfield APPROVED as to form: ~the City of Bakersfield AJS/meg 4:R.SEG2.1 8/21/87