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Home My WebLink AboutRES NO 17-87RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND APPROVING SEGMENT IV OF PRO- POSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 4-86). WHEREAS, the Council of the City of Bakersfield referred Segment IV of a propossd 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 1@, 1986, on Segment IV 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, such Segment IV of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan is as follows~: DEAN A. GAY has proposed to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan from Industrial and Medium Density Residential to Commercial for 1.49 acres generally located on the northeast cor- ner of Niles Street and Union Avenue, Property 'is commonly known as the R.C. Cola Bottling ]Plant; 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, '~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. 197-86 have been duly fol- lowed by the City ~taff and the Planning Commission; and WHEREAS, by Resolution No. 80-86 on December 18, 1986, the Planning Commission recommended approval and adoption of Segment IV by this Council 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 with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on February 11, 1987, on the above-described Segment IV 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 drys 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 N~gative Declaration for Segment IV is hereby approved and adopted. 3. The r~port 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 IV of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, with incorporation therein of the following conditions of development: a. The e3stern 218.05 feet of the project area (see attached legal description) shall be zoned C-1. Developer shall provide a continuous 6-foot high masonry w~11 along the east and north sides (property lines) of the property zoned C-1. A zero setback building wall may replace the required masonry wall along the north property line (assuming modification to rear yard setback obtained). C o The developer shall Drovide a 5-foot wi~e landscape 3trip on the west side and adjacent to the masonry block wall along the eastern property line, adjacent to R-2 zoning. Landscaping shall include 15 gallon -2- h o j o evergreen trees spaced 30 feet on center to serve as an aesthetic transition and visual screen from com- mercial to residential uses. Parking shall not be allowed to overhang into landscaped strip. There shall be a 20-foot building setback along the eastern boundary of the C-1 zoning. Garbage dumpsters shall not be allowed within this setback. No new structure shall be over two stories or exceed 35 feet in height. The existing storage building (Butler Building) on the eastern end of the project shall be removed. Within ten days of Council approval of zone change 4553 (~econd reading), the developer shall record deed restrictions on the northerly 120.85 feet of C-2 zoning to prohibit the following uses normally allowed in a C-2 zone· Uses To Be Prohibited: On sale general liquor license Automobile service stations Automobile repair garages Carwash Fast food restaurants Tinsmiths or plumbing shops Live entertainment and dance halls Uses wi%hin the deed restricted portion of the pro- ject area shall be enclosed wholly within the building. Emergency vehicle access will be determined at the site plan review stage and could affect wall design. The wall design requirement (condition 5~o. 1) may be slightly modified to accommodate emergency ~ccess in the interest of public safety. Lighting shall be designed so that it will not reflect beyond property lines and shall be sensitive to adjacent residential uses. Upon ~evelopment on the subject site, the alleys bet- ween Stockton Street and Oregon Street shall be reconstructed to city standards, with concrete inverts and paving reconstruction as required, to ~rovi~e for proper drainage of the site or to the satisfaction of the Public Works Department. -3- Unobstructed clear sight areas shall be maintained at all intersections. Additional dedication of corner cut-offs may be required at the time of development for the clear sight areas. Access to the site shall be determined at the time development through consultation with the Traffic Authority. of 5. That Segment IV, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 4-96. .......... 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 February__1!~_l_9~_7 ........... , by the following vote:: AYES: COUNCILMEMOERS: C.,LDS, CHRISTENSEN,~MI,H, RA~/Y. MOORE, D,CNERSON. SALVAGG,O NOES: COUNCILMEMBERS', ARSENT: COUNCILMEMBERS: ABSTAINING: COUNCILM[MBI~RS: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED .... ~F e_b_r_u ~ Ly_ _1~ _ 1_9_8_7 ............. MAYOR of the City df Bakersfield APPROVED as to form: ~T~NEY of the City of Bakersfield AJS/meg 4 R.SEGIV.£ -4- Ge~ ~ral Plan Arnrndment $ TREE T / OREGON N/L ES ,to ?z, !' ROUTE GPA 4-86 SEGMENT IV Industrial and medium density - residential to Commercial DEAN A. GAY REAL ESTATE & DEV.1