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HomeMy WebLinkAbout08/19/1987 MINUTES CCBakersfield, California, August 19, 1987 Page 8 157 NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amend- ing Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located south of Highway 178 to College Avenue, west of Morning Drive. First Reading of an Ordinance of the Council of the City of Bakersfield amend- ing Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding prezoning of property known as Berkshire No. 2 Annexation. Upon a request recessed the meeting at 7:53 p.m. by Counci]me~nber Dickerson, Mayor Payne 7:50 p.m. The meeting was reconvened at ADJOURNMENT There being no further business to come before the Coun- cil, upon a motion by Councilmember Dickerson, the meeting adjourned at 7:53 p.m. ATTEST: MAYOR of the City of Bakersfield, Calif. CITY CLERK and Ex Officio Clerk of the OF THE City of Bakersfield, Ca]fiornia Council df Bakersfield, California, August 19, 1987 - Page 7 Upon of the Council lowing vote: Councilmember Ratty's motion, Resolution No. 154-87 of the City of Bakersfield was adopted by the fo]- Ayes: Counci Noes: Counci Absent: None lmembers lmembers Childs, Smith, Ratty, Moore, Christensen, Salvaggio Dickerson Adoption of Resolution No. 155-87 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment VI of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-87). Upon a motion 155-87 of the Council of the following vote: by Councilmember Sa]vaggio, Resolution No. the City of Bakersfield was adopted by Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, Adoption of Resolution No. 156-87 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment VIII of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-87). Upon a motion by Councilmember Moore, Resolution No. 156-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, This is the time for public hearing on Resolution of Intention No. 1030 oi the Council of the City of Bakersfield de- claring its intention to establish~Main- tenance District No. 18, and Notice of Exemption for property generally bounded by Panama Lane on the North, Akers Road on the West, Arvin-Edison Canal on the South, and South "H" Street on the East. Public Works Director Hawley stated that Mainte- nance District No. 18 is being formed as a condition of the Planning Commission's approval of Tract 4895. Mayor Payne opened the hearing for public participation. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council discussion and action. No action was taken. Bakersfield, California, August 19, 1987 - Page 6 19. A comprehensive sign plan shall be submitted to the Planning Commission for approval. 20. In order to construct Stockdale Highway in its ultimate alignment, the applicant shall dedi- cate for right-of-way purposes the north 110' of Section 2 adjacent to his site. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. & waiver of direct access rights to Stockdale Highway and to Allen Road, except at specific locations approved by the Traffic Authority, shall be required. Construct Stockdale Highway to arterial stan- dards, including curb and gutter, street pav- ing, removal of existing curb and gutter as required, median island, pavement transitions, and utility pole relocations. Furnish and install an eight phase, traffic actuated traffic signal approved by the City Engineer at the intersection of Allen Road and Stockdale Highway. Submit engineered i~nprovement plans to be approved by the City Engineer to allow suffi- cient time for completion of the improvements prior to the agreement expiration date. This site is within Assessment District 87-1 and all assessments shall be the responsibil- ity of the property owner. Within 30 days of segment approval and adop- tion, the applicant shall dedicate the right- of-way, enter into an improvement agreement with the City, and post approved security to guarantee construction of the Stockdale High- way improvements. The construction of the Stockdale Highway improvements shall be completed by January 1988. The applicant shall, in a timely manner, make all arrangements with the appropriate utility companies for pole relocations so that con- struction of Stockdale Highway will not be impeded. South Allen Road shall be improved as author- ized by the City engineer and as previously approved with Tract 4445. No left turn access will be allowed from pro- ject site onto Stockdale Highway traveling westbound. No left turn access will be allow- ed from westbound Stockdale Highway into the project site. All left turn activity shall be limited to traffic signal at Stockdale Highway and South Allen Road. Access to and from So. Allen Road shall be reviewed by, and subject to approval by, the City Traffic Engineer. 144 Bakersfield, California, August 19, 1987 Page 5 10. 11. 12. 13. 14. 15. 16. 17. Security lighting on the south and west eleva- tion shall not shine down into adjacent yards of single family residences. The 8-foot continuous block wall to the south and west shall be constructed immediately upon final grading of site and water techniques shall be utilized during all grading to reduce noise and dust problems associated with the proposed retail development. No building per- mit (except for block wall) shall be issued until said block wall is completed. The parking lot area will be constructed as soon as possible to reduce dust emissions from the project area. All air conditioning units, blowers, etc., shall be arranged and designed to shield noise and view from residential structures west and south of the project area. Only limited and temporary outside storage of incidental materials (e.g., associated with home improvement business) which do not con- stitute a nuisance that may be detrimental to properties in the neighborhood or to the wel- fare of the occupants shall be allowed and only on west side of service alley located behind Building A; allowed use would be drive- through customer pick-up service; provided such storage is in an area screened from pub- lic view and fenced not less than six feet or higher than eight feet in height and such items shall not be stored higher than or ex- tended above such fence. With the site plan application, any proposed use intending to exercise outside storage con- ditions must submit a statement to the Plan- ning Department describing materials/items to be stored. After site plan approval, no busi- ness shall engage in outside storage without first submitting such a statement to the Plan- ning Director. The Planning Director shall review and determine if the proposed items to be stored outside are within the intent of said conditions. Discrepancies or disputes may be reviewed and acted upon before the Planning Commission as appropriate. Buildings shall be limited to sing]e-story structures. Trash and garbage pickup shall be a minimum of three times per week. Trash pickup time shall be arranged to occur between 7:00 a.m. and 9:00 p.m. on any day. Evergreen trees shall be planted and main- tained along the south and west property lines to provide a minimum 12-foot high screen at tree maturity. 18. Detailed landscape plans shall be submitted to the Planning Commission for approval. Bakersfield, California, August 19, 1987 Page 4 143 Adoption of Resolution No. 154-87 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving and adopting Segment II of proposed amendment to the Land Use Ele- ment of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 2-87). Councilmember Ratty made a motion to change the Zoning from R1 Family Dwelling to PCD, Planned Commercial Development, consisting of three structures including approximately 60,880 square feet of retail space, including 31 conditions recommended by the Planning Commission and any other things staff might feel pertinent at this time. Mayor Payne restated Councilmember Ratty's motion to adopt a Resolution making findings, adopting Negative Declaration and approving Segment II to the Land Use Element, including the 31 conditions of development as follows: 1. The project shall comply with all site plan review conditions. Hours of operation in Building A (main build- ing) shall be from 7:00 a.m. to 9:00 p.m., seven days per week. Building A shall be limited to those uses allowed under C-1 (Limited Commercial) Zoning which do not require a Conditional Use Permit. No use occupying Building A shall be operated in such a manner as to be deemed a nuisance or detrimental to adjacent residences. An ice cream parlor may be allowed to locate in Building A if such use is not operated in a manner deemed a nuisance to adjacent residen- tial. Trash and litter generated from said use will be disposed in closed plastic bags or similar closed container so as not to emit unpleasant odors, attract pest and vermin or be visually unpleasant. The two satellite pads shall be limited to those uses allowed under C-2 (Commercial) Zoning as specifically itemized by the Plan- ning Commission. 7. Restaurant uses shall be limited to locate on the two satellite pads. All lights (indoor and outdoor) shall be lim- ited in mounting height to a maximum of 8 feet from ground level and shielded away from resi- dential uses in order to protect residential privacy and create the least social and psy- chological disturbance/stress to adjacent residents. Adequate fire protection (involving access(es), location and number of hydrants, water supply (gpm), etc.), shall be provided for the project and conform to the require- ments of City Fire Department. Bakersfield, California, August 19, 1987 - Page 3 SEGMENT VI[I: The City of Bakersfield requests to amend the Bakersfield Metropolitan Area General Plan to include an Industrial land use designation on 730 +/- acres consistent with the Service Industrial designation of the Kern County Rosedale General Plan Land Use, Conservation and Open Space Element, generally located south of Rose- dale Highway west of Mohawk Road and north of the Kern River. Acting Planning Director Hardisty gave a brief overview of Segment VIII. Mayor Payne opened the hearing for public participation. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council discussion and comment. Adoption of Resolution No. 153-87 of the Council of the City of Bakersfield making findings, approving Negative Declaration and approving Segment I of proposed amend- ment to the Land Use Element of the Bakers- field Metropolitan Area General Plan (Land Use Amendment 2-87). Councilmember Smith made a motion to adopt a Resolution making findings approving the Negative Declaration and amendment to the Land Use Element from Commercial to Low Density Residential on 13+/- acres, from Low Density Residential to Commercial on 15+/- net acres and to Medium Density Residential on 53+/- acres, including two conditions; to be determined at PCD Review and the Commercial Zoning shall be limited to a total of 15 net acres and Zoning shall be PCD, and including amendments to Condition Nos. 16 and 19 as follows: 16. Remove paragraph which states "the required dedi- cations shall be granted to the City within six months of Council approval of this General Plan Amendment unless otherwise indicated." 19. To the paragraph stating "Payment shall be made to the City within one year of the date of Agreement", add, "or applicant shall pay the above-stated per- centages of the actual costs of signals when in- stalled." Upon of the Council lowing vote: Councilmember Smith's motion, Resolution No. 153-87 of the City of Bakersfield was adopted by the fol- Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Bakersfield, California, August 19, 1987 - Page 2 SEGMENT II: HERB HULL representing WAYNE L. VAUGHN, SR. has applied to amend the Genera] Plan Land Use Element designation from Low Density Residential to Commercial on 6 net acres located on the southwest corner of Stockdale Highway and South Allen Road. A concurrent rezoning application has also been applied to change the zoning from R-1 (One Family Dwelling) to P.C.D. (Planned Commercial Development) consisting of three structures totaling approximately 60,880 gross square feet of retail space. Acting Planning Director Hardisty gave a brief overview of Segment II. Mayor Payne opened the hearing for public participation. Carl Moreland spoke in ted a petition with approximately applicant. support of Segment II and submit- 100 signatures in support of the Architect Nash Brown spoke in support of Segment II. Bud Rothermel, 108 Capistrano Court, spoke in opposition to Segment II. No further protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council discussion and comment. SEGMENT VI: The City of Bakersfield requests to amend the Bakersfield Metropolitan Area Genera] Plan or a portion of the project from Kern County General Plan designation of 5.4 (maximum 4 units net acre) on 40 +/- acres to City Low Density Residential, generally located north of Hosking Road, easterly of South "H" Street and south of the Arvin-Edison Canal. (Concurrent Zoning Upon Annexation No. 4623 imple- ments proposed amendment). Acting Planning Director Hardisty gave a brief overview of Segment Mayor Payne opened the hearing for public participation. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council discussion and comment. Bakersfield, California, August 19, 1987 Minutes of the Special Meeting of the Council or' the City of Bakersfield for the purpose of Public Hearings held in the Council Chambers of City Hall at 7:00 p.m., August 19, 1987. The meeting was called to order by Mayor Payne followed by the Invocation by Councilmember Mark Dickerson. Deputy City Clerk Gafford called the roll as follows: Present: Payne. Absent: Mayor Councilmembers Childs, Christensen, Smith, Rally, Moore, Dickerson, None Salvaggio HEARINGS This is the time set for public hearing regarding amendments to the Land Use Element or' the Bakersfield Metropolitan Area General Plan and proposed Environ- mental documents concerning the following areas: SEC~IENT I: CENTENNIAL CAPITAL, INC. has applied to amend the Land Use Element of the Bakers- field Metropolitan Area General Plan from Low Density Residential to Commercial on 17+/acres to Medium Density Residential on 53 +/- acres and from Commercial to Low Density Residential on 13+/acres located south of Highway 178, west of Morning Drive. (Concurrent rezoning requested.) Mayor Payne opened the hearing for public participation. Bob Belzer of Continental Development, 282 South Anita Drive, Orange, California, spoke in support of Segment I, request- ing that the commercial zoning be covered with a PCD, and submit- ted proposed revisions of approved conditions. No protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing /'or Council discussion and comment. Councilmember Smith made a recommendation that the Land Use Element of the Bakersfield Metropolitan Area Genera] Plan be amended from Low Density Residential to Commercial on 17+/- acres and to Medium Density Residential on 53+/- acres, and from Commer- cial to Low Density Residentall on 13+/- acres located south of Highway 178 west of Morning Drive, including amendment of condi- tions 7 and 8 of the Draft Resolution, stated by Assistant Plan- ning Director Hardisty as follows: 7. The number of freestanding commercial structures shall be determined at the review of the PCD. 8. Commercial Zoning shall be limited to a total of 15 net acres and zoning shall be PCD.