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Home My WebLink AboutRES NO 112-86RESOLUTION NO. 112-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND APPROVING SEGMENT I OF PRO- POSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 2-86). WHEREAS, the Council of the City of Bakersfield referred Segment I 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 19, 1986, on Segment I 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 Rakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment I of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan is as follows: Segment I: BAKERSFIELD AUTO MALL/MOSESIAN DEVELOPMENT CORP. has applied to amend previously approved conditions applied to the Bakersfield Auto Mall regarding canal placement, building set- back, and wall requirements along the southern property line. The proposal also includes restrictions on oilwell placement. (Reference General Plan Amendment 2-85, Segment VI.) South of Harris Road, east of wible Road to Freeway 99. 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. 132-83 have been duly fol- lowed by the City staff and the Planning Commission; and WHEREAS, by Resolution No. 53-86 on June 19, 1986, the Planning Commission recommended approval and adoption of Segment I by this Council and this Council has fully considered the findings made by the Planning Co~nission 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 July 30, 1986, on the above-described Segment I 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 I is hereby approved and adopted. 3. The report of the Planning Commission, including maps and all reports and papers relevant the Secretary of the Planning Commission hereby received, accepted and approved. thereto, transmitted by to the City Council, is 4. The City Council hereby approves and adopts Segment I of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, with incorpora- tion therein of the following conditions of development: 2 A six-foot masonry block wall, measured from highest grade, is required along the south pro- perty line of the proposed project where uses allowed under the proposed zoning (including the sump) directly abut residential uses. No single story structure shall be constructed within or located within 40 feet of any prop- erty zoned or used for residential purposes and no two-story structure shall be constructed within 65 feet of any property zoned or used for residential purposes. c. Noises on the site shall not exceed the current ambient noise level. Noise monitoring and/or abatement costs which may be required as a result of noise complaints from adjacent land uses shall be the responsibility of the parcel owner and, if applicable, the leasee of such parcel suspected of violating this condition. At the site plan review stage, the devel- oper shall supply documentation in map form of current ambient noise levels along the south property line of the pro- ject area. Noise readings shall be depicted on a 1" = 200 ft. or larger scale map at 50-foot intervals to act as a record of current ambient noise levels. The Kern enclosed line, as District Island Canal (west branch) shall be in a pipe along the south property required by the Kern Delta Water (February 20, 1986 letter). Developer shall construct curb, gutter and street paving to arterial standard of the east half of Wible Road from Panama Lane to Pacheco Road. This shall include the unpaved portion of Wible Road adjacent to Tract 4060 and widen- ing of the canal crossing as required by the City Engineer. These improvements will be required prior to issuance of the first build- ing permit or recordation of a new subdivision map. Oilwell drilling and/or development shall not be allowed within 700 feet of any residential use. 5. That Segment I, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 2-86. .......... o0o .......... 3 I the passed and adopted by the Council of regular meeting thereof held on the 1986, by the following vote: HEREBY CERTIFY that foregoing Resolution was the City of Bakersfield at a 30th day of July , CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 30th day of July , 1986 MAYOR of the city 6f Bakersfield APPROVED as to form: ~ITY A~ORNEY of'the City of Bakersfield AJS/bl 4 R.SEGI.1 4 I'~ORTH GP~ 2-8~ SEGMENT I CONDITION AMENDMENT (_see BAKERSF/E/_D AUTO MALL ~tt~ched]