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HomeMy WebLinkAboutRES NO 50-80RESOLUTION NO. 50-80 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE DECLARATIONS ON SEGMENTS V, VII, VIII, IX, X, XI AND XII, REFERRING SEGMENT V OF PROPOSED AMENDMENT TO THE PLANNING COMMISSION, AND APPROVING SEGMENT I, EXCEPT FOR PORTIONS DESCRIBED BELOW AND APPROVING SEGMENTS VII, VIII, IX, X, XI AND XII OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN AND TRANSMITTAL OF REPORT TO CITY COUNCIL. WHEREAS, the Council of the City of Bakersfield referred a proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, consisting of Segments I, V, VII, VIII, IX X, XI and XIII to the Planning Commission; and WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65351 of the Govern- ment Code held public hearings on May 6, 1980 and June 5, 1980, on a proposed amendment to the Land Use Element of the General Plan, notice of and place of the 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 proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan concerns the following areas: SEGMENT I: TENNECO REALTY DEVELOPMENT CORPORATION has applied to change several land use designations described as the State College Area General Plan Amendment for future development areas in the Southwest por- tion of the Bakersfield Metropolitan Area General Plan, an area consisting of approximately 19 square miles. The proposals would add more Office and Medium Density Residential designations in proximity of the State College, but reduce Open Space and eliminate High Density Residential designations for that area. It would add more Industrial and Low Density Residential uses and reduce Open Space in the vicinity of the Kern River (Truxtun Avenue Extension) and reduce Com- mercial use principally near Gosford Road and White Lane. SEGMENT V: DE LUXE HOMEBUILDERS, INC. (JACK D. COLLIER) has applied to change the Land Use designation for a 0.3-acre parcel from Medium Density Residential to Office located on Olive Street, approximately 145 feet South of Chester Lane. 'SEGMENT VII: GEORGE BARNETT, JR., has applied for LARRY AND NANCY CARR to change the land use designation for approximately 1.1 acres located on the West side of Oswell Street, between Bernard Street and Pico Street from Medium Density Residential to Office. SEGMENT VIII: JOSEPH A. LEON has applied for DELFINO BROTHERS to change the land use designation for 5.4 acres located on the Northeast corner of White Lane and New Stine Road from Low Density Residential to Commercial. SEGMENT IX: BUTLER, CHAMBERS & HUGHES, INC., has applied for W. WATSON COMPANY to change the land use designa- tion for 1.24 acres located on the North side of 24th Street, between "C" Street and Drake Street from Low Density Residential to Office. SEGMENT X: WILD WEST SHOPPING CENTER, ET AL., has applied to change the land use designation for 3.84 acres located on the West side of Real Road near Stock- dale Highway and the terminus of State Route 58 from Low Density Residential to Commercial. The City has expanded the application to include ad- jacent and nearby current commercial and office properties thereby totaling 5.4 acres for amend- ment to the commercial designation. SEGMENT XI: LARRY J. MARTIN has applied for HELFAC CORPORATION to change the land use designation for 2.22 acres located at the Northeast corner of 40th Street and "Q" Street from Medium Density Residential to Office. and SEGMENT XII: THE CITY OF BAKERSFIELD has applied to change the land usedesignationof 4.4 acres located on the West side of South "H" Street, between Pacheco Road and Faith Avenue from Low Density Residential to Commercial. WHEREAS, for Segments V, VII, VIII, IX, X, XI, and XII described above, an Initial Study was conducted and it was deter- mined that for each Segment the proposed projects could not have a significant effect on the environment and on June 5, 1980, by Resolution No. 21-80 the Planning Commission approved and adopted Negative Declarations as to Segments V, VII, VIII, IX, X, XI and XII; and WHEREAS, for Segment I as described above, the Planning Commission on June 5, 1980, by Resolution No. 21-80, made findings and recommended certification by the City Council of Completion of the Final Master Environmental Impact Report for the State College Area General Plan Amendment; and WHEREAS, the Planning Commission, in accordance with the provisions of Section 65351 of the Governement Code conducted a public hearing on May 6, 1980, on the above-described amendment; and WHEREAS, the law and regulations relating to the prepara- tion and adoption of Environmental Impact Reports as set forth in CEQA, the State EIRGuidelines, and City of Bakersfield Resolution 39-78 has been duly followed by City staff and the Planning Commission; and WHEREAS, as to Segment V,. on June 5, 1980, by Resolution No. 21-80, the Planning Commission disapproved and recommended disapproval and denial by the City Council; and WHEREAS, as to Segments I, VII, VIII, IX, X,. XI and xII on June 5, 1980, by Resolution No. 21-80, the Planning Commis- sion approved and recommended adoption by the City Council, subject to the conditions stated in said Resolution as to each segment; 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 16, 1980, on the above-described proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, consisting of the eight segmentsas aforesaid, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in the Bakersfield California, a local newspaper of general circulation; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND RESOLVED AS FOLLOWS: 1. That the above recitals incorporated herein, are true and correct. 2. That the Negative Declaration as to Segment V is hereby approved and adopted. 3. That the Negative Declaration as to Segment VII is.hereby approved and adopted. 4. That the Negative Declaration as to Segment VIII is hereby approved and adopted. 5. That the Negative Declaration as to Segment IX is hereby approved and adopted. .. 6.. That ~the Negative Declaration as to Segment X is hereby approved and adopted. 7. That the Negative Declaration as to Segment XI'is hereby approved and adopted. 8. That the Negative Declaration as to Segment XII is hereby approved and adopted. 9. That as to Segment I, the Planning Commission on June 5, 1980, made findings and recommended certification by the City Council of the Final Master Environmental Impact Report with appended material and additional mitigation for potential project impacts for the State College Area General Plan Amendment. 10. That by Resolution No. 149'80 , adopted on July 16, 1980, the Council did certify that the Final Master EIR for the State College Area General Plan Amendment was completed in com- pliance with CEQA, the State EIR Guidelines and City Council Resolution No. 39-78. 11 That as to Segment I of the proposed amendment to the Land Use Element, constituting a number of land use changes on approximately 735 acres of undeveloped or present agricultural land, the City Council hereby approves and adopts the following amendments subject to the conditions as hereafter stated: .(a) approximately 80 acres adjacent to the South boundary of the State College from High Density Residential use to Professional Offices approximately 160 acres between the State College and Gosford Road and 40 acres between the College and Old River Road from High Density Residential use to Medium Density Residential use (c) relocation of a Commercial center site approximately one-half mile West to the Northeast corner of the Stockdale High- way/Buena Vista Road intersection (d) approximately 60 acres located at Gosford Road and White Lane from Commercial to Medium Density Residential use (e) approximately 30 acres located adjacent to Kapral Way (West side) along Planz Road from Open Space to Low Density Residential use (f) approximately 10 acres located at Old River Road and Pacheco Road from Low Density Residential to a commercial center site (g) approximately 55 acres located North of Stockdale Highway near the State College from Open Space to Office (h) Part 1: approximately 10 acres located northeast of A.T.&IS.F. railroad tracks between Truxtun Avenue extension and the Carrier Canal (j) approximately 155 acres located between the Arvin-Edison Canal and Gosford Road from Open Space to Medium Density Residential use Furthermore, as to Segment I, the City Council takes no action at this time on the following proposed amendments pending a review and further study for.recreation and Open Space activities in presently designated Open Space areas on the Land Use Element in proximity to the Kern River, said amendments to be reconsidered by the City Council at the first general plan amendment scheduled in 1981. (h) Part 2: approximately 78 acres located between Truxtun Avenue extension and Carrier Canal and between Mohawk extension and A.T.& S.F. railroad tracks (i) approximately 30 acres located between the Truxtun Avenue extension and the Carrier Canal southwest Of the proposed Mohawk Street extension from' Open Space to Low Density Residential use 12. That as to Segment V of proposed amendment to the Land Use Element, the City Council hereby refers to the Planning Commission for review and evaluation and report to the City Council at the time of the next general plan amendment, a change for Medium Density Residential to Office on only the east one half of the approximate 0.3 acre of land located on the West side of Olive Street, 145 feet South of Chester Lane, as shown on the map. 13. That as to Segment VII of proposed amendment to the Land Use Element, constituting a change from Medium Density Resi- dential to Office for approximately 1.1 acres located on the West 'side of Oswell Street, between Bernard Street and Pico Street, as shown on the map, the City Council hereby approved and adoptes the amendment subject to the condition that subsequent rezoning include the "D" Architectural Design Overlay Zone. 14. That as to Segment VIII of proposed amendment to the Land Use Element, constituting a change from Low Density Residential use to Commercial for approximately 5.4 acres located on the North- east corner of the intersection of New Stine Road and White Lane, as shown on the map, the City Council hereby approves and adoptes the amendment subject to the condition that subsequent .rezoning include the "D" Architectural Design Overlay Zone addressing: (a) Exterior lighting shall be so constructed and installed as to not reflect beyond the property line in order to protect residents from un- necessary light and glare. (b) Berm landscaping on the perimeter of parking areas should be developed to soften the aes- thetic impact and reduce headlight glare from automobiles in the project parking lots. (c) As many existing trees as possible should be preserved and incorporated into landscaping after road dedication, widening and safety are addressed. 15. That as to Segment IX of proposed amendment to the Land Use Element, constituting a change from Low Density Residential use to Office for 1.34 acres located on the North side of 24th Street, between "C" Street and Drake Street, as shown on the map, the City Council hereby approves and adopts the amendment. 16. That as to Segment X of proposed amendment to the Land Use.Element, constituting a change from Low Density Residential use to Commercial on approximately 5.4 acres located at the South- west corner of the intersection of Stockdale Highway and Real Road, as shown on the map, the City Council hereby approves and adopts the amendment subject to the condition that a future zoning study will assure use consistency and limited impact upon annexa- tion to the City. 17. That as to Segment XI of the proposed amendment to the Land Use. Element, constituting a change from Medium Density Residential to Office on 2.22 acres located at the Northeast corner of 40th Street and "Q" Street, as shown on map, the City Council hereby approves and adoptes the amendment subject to the condition that subsequent rezoning include the "D" Architectural Design Overlay Zone. 18. That as to Segment XII of the proposed amendment to the Land Use Element, constituting a change.from Low Density Resi- dential to Commercial on 4.4 acres located at the Southwest corner of Pacheco Road and South "H" Street, as shown on map, the City Council hereby approves and adopts the amendment subject to the condition that C-1-D zoning is assigned to the project area upon rezoning in order to limit use intensity, its effects upon the area and'to assure adequate consideration for controlled access and parking. 19. That the proposed amendment to the Land Use Element consisting of the eight (8) segments above described, the maps recommended for adoption, and all the papers relevant thereto, constituting the report of the Planning Commission required by Section 65356.1 of the Government Code, have been transmitted to the City Council, and are hereby approved in accordance with Section.65357 of the Government Code. 20. That such Land Use Element amendment should be endorsed by the Planning Director to show that it has been adopted by this C~ty Council. 21. That any and all development permits, zone changes or other approvals for segments hereinabove described incorporate the mitigation measures hereinabove set forth respectively for each of them. o0o- I HEREBY CERTIFY that the' foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 16th day of July, 1980, by the following vote: AYES: COUNCILMEN BARTON, CHRISTENSEN, MEANS, MILLER, PAYNE, RATTY, STRONG NOES: COUNCILMEN ~ ,.)On · ABSENT: COUNCILMEN: ABSTAINING: COUNCILMEN: -,,- .....,,~ ,- CITY C' ' '~erk of the Counc~the City of Bakersfield APPROVED as to form: