Loading...
HomeMy WebLinkAboutRES NO 129-85RESOLUTION NO. 129-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND APPROVING SEGMENT VIII OF PRO- POSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 2-85). WHEREAS, the Council of the City of Bakersfield referred Segment VIII 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 20, 1985, on Segment VIII 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 pub- lication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment VIII of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan is as ~ollows: Segment VIII: The MORELAND CORPORATION has applied to change the O~fice designation for 3.0 acres to commercial generally located at the southeast corner of Ming Avenue and New Stine Road. 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 Dy 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. 86-85 on June 20, 1985, the Planning Commission recommended approval and adoption of Segment VIII by this Council and this council has fully considered the ~indings 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 August 28, 1985, on the above-described Segment VIII of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, notice of time and place o~ 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 cir- culation. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and ~indings, incorporated herein, are true and correct. 2. The Negative Declaration for Segment VIII 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 o~ the Planning Commission to the City Council, is hereby received, accepted and approved. 4. The City Council ~ereby approves and adopts Segment VIII of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, subject to the following eleven (11) conditions incorporated in the project description and agreed upon by the applicant: 2 (1) All lights (indoor and outdoor) shall be shielded away from existing residential uses in order to pro- tect the existing residential privacy and create the least social and psychological disturbance/stress to adjacent residents. (2) Adequate fire protection (involving access(es) loca- tion and number of hydrants, water supply (gpm), etc.), shall be provided for the project and conform to the requirements of City Fire Department. (3) Speed bumps shall De added to the south service drive to discourage high speed traffic problems. (4) Delete any security lighting on the south elevation that would shine down into adjacent single family yards. (In lieu of this lighting applicant proposed "kiosk" type lighting mounted on the ground in the south property line planter shining north toward project buildings.) (5) Relocate trash bin on south block wall to "transformer" location on the submitted site plan. Switch transformer to prior trash bin location at south concrete block wall to reduce possible odor and noise problems. (6) The block wall to the south be constructed as soon as possible to reduce noise and dust problems associated with the proposed retail development. The applicant pointed out that this can be achieved only after proper grading and compaction for the block wall footing. (7) The parking lot area will be constructed as soon as possible to reduce dust emissions from the project area. (8) All air conditioning units, blowers, etc. shall be arranged and designed to shield noise and view from residential structures east and south of the project area. (9) General office use in the project will be limited to 1,200 foot or less. (10) Square footage in the project utilized by restaurant or other uses requiring parking ratios of i parking space per 100 toot of floor space shall be limited to 7,000 square foot or less. (11) Use of the remaining square footage in t~e project shall not exceed parking ratios of 1 parking space per 300 square toot of floor space per user. 5. That Segment VIII, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 2-85. .......... ODO .......... 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at regular meeting thereof held on the 28th day of August , 1985, by the following vote: CITY ~LEkK and'Ex' Officio Clerk of the Council of the City of Bakersfield APPROVED this 28th day of August , 1985 MAYOR of the City o~ Bakersfield APPROVED as to [orm: ? CITY ATTORNEY of the City of'Bakersfield AJS/bl 4 R.SEGVIII