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HomeMy WebLinkAboutRES NO 148-85RESOLUTION NO. 148-85 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 3-85). WHEREAS, the 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 accordance with the provisions of Section 65351 of the Government Code, held a public hearing on September 19, 1985, 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 circulation; 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: WILLIAM YOUNG has applied to amend the General Plan Land Use Element designation from Low Density Residential to Commercial on 0.95 acre located south of Adanac Court and near the intersection of Wible Road and White Lane. 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. 123-85 on September 19, 1985, the Planning Commission recommended approval and adoption of Segment III 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 October 16, 1985, 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 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 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 I of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, with incorpora- tion therein of the following eleven conditions of development: (1) The developer shall meet all conditions which result from site plan review for the project. (2) Access shall be limited to only Wible Road and White Lane with no access from Adanac Court. A waiver of vehicu- lar access from the property to Adanac Court shall be recorded prior to issuance of a building permit for the property. (3) Buildings structures with no doors or residential area. shall be limited to single-story windows open directly to adjacent (4) Final landscaping plan, wall design and irriga- tion system shall be approved by Planning Director and imple- mented and a declaration of covenants, conditions and restric- tions providing for upkeep, maintenance and replacement of the same shall be recorded prior to issuance of any certificate of occupancy for any structure on the property. (5) The developer shall complete Adanac Court with sidewalk, curb and gutters to City standards prior to issuance of a certificate of occupancy for any structure on the property, and shall complete and maintain the landscape area to the south from and after the effective date of the zoning ordinance relating to this segment. (6) A six-foot continuous block wall shall be con- structed along the east and south sides of landscaped area and along the north and west property lines as depicted in the pre- liminary site plan. Walls along landscaped area should have a softened texture and color, subject to approval of the Planning Director. (7) All block walls for the proposed commercial center shall be constructed before building construction to reduce potential noise, dust and traffic impacts on adjacent properties. (8) The same roofing materials and aesthetically acceptable architecture design shall be used all around the building roof adjacent to Adanac Court. (9) All lights (indoor and outdoor) shall De shielded away from existing residential uses. (10) All roof or ground air conditioning units, blowers, etc., shall be arranged and screened to shield noise, air flow and view from residences located directly to the north and west of the property. (11) The property owner shall, prior to issuance of any building permit for any structure on the property, dedicate right-of-way for the completion of Adanac Court, and for Wible Road and White Lane, to the extent required by the City Engineer. 5. That Segment III, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 3-85. .......... o0o .......... I HEREBY CERTIFY that the passed and adopted by the Council of regular meeting thereof held on the 1985, by the following vote: foregoing Resolution was the City of Bakersfield at a 16th day of October , CITY ~[K a~d Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this l~th day of October , 1985 MAYOR of the Cit~-~ Bakersfield APPROVED as to form: C~TY ATTfk~NEY of the~City of Bakersfield AJS/bl R.SEGIII-1 4