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HomeMy WebLinkAboutRES NO 67-87RESOLUTION NO. 67-87 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING 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 1-87). WHEREAS, zhe 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 Bakersfield, in accordasce with the provisions of Section 65351 of the Government Code, held a public hearing on March 19, 1987, 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 publication in the Bakersfield Californian, a local newspaper of general circuIation; 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: MILTON RUDNICK represented by SIMPSON-VAN CUREN, INC. has requested a change in the General Plan Land Use Element designation from Low Density Residential to Commercial on 14.4 gross acres and to Medium Density Residential on 9.6 gross acres located on the southeast corner of Panama Lane and So. "H" Street, a~ld concurrent rezoning from (One Family Dwelling) to C-2 (Commercial) and R-2 (Lim£ted Multiple-Family Dwelling), or more restrictive zones. WHEREAS, for the above-described Segment, an Initial Study was conducted, and it was determined that, the proposed project would not have a significant effect on the environment, and a Negative Declaration was prepared; and WHEREAS, ~he 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. 3-87 on March 19, 1987, the Planning Commission recommended approval and adoption of Segment III by this Council, as limited and conditioned by that Resolution, 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 ~ith the provisions of Section 65355 of the Government Code, conducted and held a public hearing on May 6, 1987, 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 an least ten (10) calendar days before the hearing by publication in the Bakersfield CaZifornian, 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 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 an amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, providing for 14.44 gross acres (including streets~. canals and other easements) of Commercial, subject to PCD zone and conditions of approval listed in Attachment 2, and 9.6 gross acres of Medium Density Residential, limited to 125 dwelling units and subject to conditions of appro- val listed in Attachment 2. 5. That Segment III, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 1-87. .......... 000 ......... - 2 - 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 May 6, 1987 _, by the following vote: AYES: COUNCILt~IE MBI!RS: CHILDS, CHRISTENSEN. SMITH. RATTY, MOORE. DICKERSOf~' SALVAGGIO NOES: COUNC,LMEMB~RS: ~r~J~f~ ABSENT. COUNC,LNIEMBERS: ABSTAINING: COUNCtLMEMRERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED May 6, 1987 MAYOR of the APPROVED as to form: CfTY ~TORNEY of the City of Bakersfield AJS/meg G GPA 5 SEG3.1 Attachment 2 (Supersedes Attachment A1) Conditions of Approval PROJECT: GPA 1-87, Segment III and Zone Change 4555 (Previously GPA 4-87, Segment III) In order to mitigate potential impacts resulting from shopping center development and proximity to residential zones and uses, the following conditions of approval are: 1. A maximum of 125 multiple-family dwelling units will be allowed on 9.6 acres Medium Density Residential portion. There will be a maximum of 14.4 gross acres of commercial property subject to PCD zone. (Including adjacent Kern Island Canal easement.) Subject to approval of GPA 1-87, Segment III, the commer- cial designation portion shall be rezoned to a C-1 "holding" zone. A PCD zone must be approved prior to development of the commercial property. Upon development of commercial property, the 8-foot (eight) high continuous block wall to the east and south shall be constructed immediately upon final grading of site and watering techniques will be utilized during all grading to reduce noise and dust problems associated with the proposed retail development. No building permit for commercial property (except for block wall) shall be issued until said block wall is completed. All air conditioning units, blowers, etc. on commercial property shall be arranged and designed to shield noise and view from all the streets and residential structures east and south of the project area. All lights, along the east and south property line visi- ble from residential property (indoor and outdoor), shall be limited in mounting height to a maximum of 8-foot from ground level and shielded away from residential uses. Prior to final building inspection of any commercial structure, minimum 15 gallon size evergreen trees shall be planted 30 feet on center and maintained along the east and south property lines which are adjacent to R-1 and R-2 zoned property. Trees shall provide a minimum 15-foot high screen at tree maturity. Minimum five (5) foot landscape strip along east and south property lines shall be installed and maintained along the commercial side of the wall. Attachment A2 Page 2 10. 11. 12. 13. 14. On commercial property trash dumpsters shall not be located within 24 feet of R-1 and R-2 zoned property on the east and south sides. Refuse containers shall be screened from view. Prior to the issuance of any building permit on any par- cel, including the R-1 area, or within two years of Council approval of this GPA, whichever occurs first, the applicant shall post with the City Engineer a bond, paya- ble to the City in the amount of $25,000 to assure pay- ment of the developer's share of the cost of the installation of a traffic signal at the intersection of Panama Lane and South "H" Street. Payment shall be made to the City upon demand by the City for construction of a traffic signal. Median islands shall be constructed on Panama Lane and on So. "H" Street as part of the street improvements required for development of the property. Vehicular access to South "H" Street from the R-2 site shall be limited to one location, whether that access is via a public street, private street, access easement, driveway, etc. Prior to issuance of a building permit or filing of a final subdivision map, the applicant shall dedicate a waiver of direct vehicular access rights to: South "H" Street from the south right-of-way line of Panama Lane to 300 feet south; and, Panama Lane from the east right-of- way line of South "H" Street to 200 feet east. Prior to issuance of a building permit or recordation of a subdivision map on any portion of the entire 40-acre site, the applicant shall offer for dedication to arte- rial standards additional right-of-way on Panama Lane from South "H" Street to the west line of Tract 4831 and on South "H" Street from Panama Lane to the Arvin-Edison Canal. With City acquisition of additional right-of-way on Panama Lane and on South "H" Street adjacent to the P.G.&E. substation at the southwest corner of the intersec- tion, the applicant shall construct standard curb and gutter, sidewalk, and street paving tie-in on Panama Lane concurrently with the City improving South "H" Street. Attachment A2 Page 3 15. 16. 17. 18. 19. Upon development or subdivision of the proposed C-2 area or the remaining R-1 portion, the south half of Panama Lane shall be constructed to arterial standards with curb and gutters, and street paving, from South "H" Street to west boundary of Tract 4831. Sidewalks will be required but may be deferred until development of adjacent pro- perty. Additional paving will be required on the north half of Panama Lane from South "H" Street to the west line of Tract 4615. The additional paving required on the north half of Panama Lane consists of an unimproved strip approximately 20 feet wide and 450 feet long between existing paved areas. Note: These improvements will not be required as a con- dition of approval for a parcel map dividing the property into three parcels along the zone lines. Upon development or subdivision of the proposed R-2 or proposed C-2 areas, the east half of South "H" Street shall be constructed to arterial standards with curb and gutter, street paving, and sidewalk from Panama Lane to the north right-of-way line of the Arvin-Edison Canal. Again, sidewalks are required but may be deferred until development on the adjacent property. Note: These improvements will not be required as a con- dition of approval for a parcel map dividing the property into three parcels along the zone lines. A comprehensive drainage plan of the proposed C-2, pro- posed R-2, and remaining R-1 properties shall be submit- ted to and approved by the City Engineer prior to issuance of a building permit or recordation of a subdi- vision map on any portion of the properties. If it's determined by City Engineer that the Fairview Planned Drainage Area facilities can't be utilized, then an on-site stormwater retention basin will be required for the entire property, or the developer may participate in a proposed planned drainage area utilizing the Kern Island Canal as a stormwater conduit and pay all applica- ble fees proposed for the planned drainage area. A six-foot (6) chain link fence or equivalent shall be installed adjacent to any uncovered canals, making the canal inaccessible to small children at time of first building permit issuance. Attachment A2 Page 4 20. 21. An Acoustical Consultant shall design the structures within the project to mitigate noise exposures of 60 dB or greater in accordance with the CNEL Contours and Title 24 of the California Administrative Code. Park land dedication and/or in-lieu fee payment shall be required from proposed subdivision developments. p/crs3.2 f~s~~Jd'@[ s ARVIN-- [DISON 9 IO 6 CANAL ~ - ~--.. II GPA 1-87, SEGMENT III Milton Rudnick Low Density Residentiai to ~ommercial & Medium Density Residential