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.
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- 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.
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II
GPA 1-87, SEGMENT III
Milton Rudnick
Low Density Residentiai to ~ommercial &
Medium Density Residential