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HomeMy WebLinkAboutRES NO 127-85RESOLUTION NO. 127-85 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 2-85). 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 June 20, 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 pub- lication 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: The REGIONAL MORTGAGE CO. has applied to change the Low Density Residential designation for 1.79 acres to Commercial generally located at the northeast corner of Panama Lane and Castleford Street. 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. 88-85 on June 20, 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 August 28, 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 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 the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, following eight (8) conditions incorporated in description and agreed upon by the applicant: subject to the the project 2 The applicant shall pay ten (10) percent of the cost of a new traffic signal, not to exceed $8,000, at the intersection of Panama Lane and Wible Road prior to issuance of a building permit for the shopping center. The developer shall provide an eight (8) foot wide landscape strip outside of the road right-of-way, along the south side of Loyalton Avenue and along the east side of Castleford Avenue. The developer shall provide a six (6) foot high masonry wall behind landscaping along the south side of Loyalton Avenue, and along the east side of Castleford Avenue. 4. The developer shall provide adequate maintenance of all landscaping. Lighting shall be directed away from residential zones existing to the north and west of the proposed shopping center. Access to the shopping center will be determined during the site plan review phase and will consider the existence of residential zones, uses and streets to the north and west of the proposed shopping center. Direct or shield noise from air conditioners, refri- geration units, blowers, etc., away from the north- ern and western project Doundaries. All air conditioners, refrigeration units, blowers, etc., shall be shielded from view from residential zones north and west of the project area. 5. That Segment III, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 2-85. .......... o0o .......... passed and adopted by the Council of the City of regular meeting thereof held on the 28th day of 1985, I HEREBY CERTIFY that the foregoing Resolution was Bakersfield at a August , by the following vote: CITY CLERK and Ex O~ficio 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 form: CITY ATTORNEY of the~-~ity of Bakersfield AJS/bl 4 R.SEGIII