HomeMy WebLinkAboutRES NO 7-80RESOLUTION NO.
A RESOLUTION OF THE COUNCIL.~OF THE CITY OF
BAKERSFIELD MAKING FINDINGS, ADOPTING
NEGATIVE DECLARATIONS ON SEGMENTS I, II,
VI, VII AND VIII, APPROVING SEGMENTS I, II,
VII, VIII, AND IX OF PROPOSED AMENDMENT TO
THE LAND USE ELEMENT OF THE BAKERSFIELD
METROPOLITAN AREA GENERAL PLAN AND WITHDRAWING
SEGMENT VI TO BE HELD AT THE NEXT GENERAL PLAN
AMENDMENT HEARING.
WHEREAS, this Council referred a proposed amendment to
the Land Use Element of the Bakersfield Metropolitan Area General
Plan, consisting of Segments I, II, III, IV, V, VI, VII, VIII and
IX 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 a public hearing on December 19, 1979 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 a local news-
paper of general circulation; and
WHEREAS, such proposed amendment to the Land Use Element
of the Bakersfield Area General Plan concerns the following areas:
'SEGMENT I:
Leo J. Wilson has applied to change the land use
designation on approximately 0.3 acre located at
the Northeast corner of "N" and 8th Streets from
medium density residential to office.
'SEGMENT II:
Thomas A. Kelly has applied to change the land use
designation on approximately 2.4 acres located
adjacent to the existing shopping center at the
Southeast corner of New Stine and Wilson Roads
from low density residential to commercial. It
is further proposed by the Planning Commission
that the land use designation for existing com-
mercial uses immediately East of this project
(approximately 1.55 acres) fronting Wilson Road
to Edmonton Street be changed from low density
residential to commercial and property located
at the Northeast intersection of Wilson and Stine
Roads (approximately 0.5 acre) be changed from
low density residential to office.
SEGMENT III:
Lloyd Hale (by R- Agabashian) has applied to
change the land use designation on 13.15 acres
at the SOuthwest corner and 4..37 acres at the
Southeast corner of Panama Lane and Wible Road
from low density residential to commercial.
This Segment Withdrawn by Applicant
"SEGMENT 'IV:
Douglas Fox and Lloyd Hale (by J. Alvin Wheelan)
have applied to change the land use designation
for properties (approximately 10 acres) at and
in the vicinity of the Northwest corner of Panama
Lane and Wible Road from low density residential
to commercial.
This Segment Withdrawn by Applicant
SEGMENT V:
James Rowland (by Michael Callagy) has applied to
change the land use designation for approximately
6.1 acres at the Northeast corner of Panama Lane
and Wible Road from low density residential to com-
mercial.
This Segment Withdrawn by Applicant
SEGMENT VI:
DeLuxe Home Builders (J.. D. Collier) has applied to
change the land use designation for approximately
0.3 acre located on the West side of Olive Street,
145 feet South of Chester Lane from medium density
residential to commercial.
SEGMENT VII:
Central Southern Baptist Church (Reverend James
Lanier) has applied to change the land use desig-
nation for approximately 4.7 acres located on both
sides of South "H" Street, between Highway 58 and
Terrace'Way from low density residential to office.
.'SEGMENT VIII:
William Hill has applied to change the land use
designation for approximately 3.3 acres of vacant
land located on the Southwest corner of South
Union Avenue (State Highway 204 or Business 99)
and Pacheco Road from medium density residential
to commercial. It is further proposed by the
Planning Commission that the current commercial
zoned property (1.94 acres) located South of sub-
ject property be amended from medium density resi-
dential to commercial.
SEGMENT IX:
East Bakersfield Associates (Brock, Paola and
Banducci) have applied to change the land use desig-
nation on approximately 72.5 acres of vacant land
located South of State Highway 178 and North of
Bernard Street,. Westerly of Oswell Street and
Easterly of Mount Vernon Avenue; from medium density
residential to commercial;
WHEREAS, Segments II, IV and V have been withdrawn by the
applicant; and
WHEREAS, on December. 19,. 19~9, the Planning Commission,
by Resolution Nos. 74-79 and 72-79, approved and adopted Negative
Declarations as to Segments I, II, VI, VII, and'VIII described
above, and recommended certification by the City Council of the
Final and Supplemental EIR as to Segment IX, described above; and
WHEREAS, the Planning Commission, in accordance with the
provisions of Section 65351 of the Government Code, conducted a
public hearing on December 19, 1979, on the above-described amendment;
and
WHEREAS, as to Segments I and VII on December 19, 1979, by
Resolution No. 74-79, the Planning Commission approved and recommended
approval and adoption by the City Council; and
WHEREAS, as to Segment VI on December 19, 1979, by
Resolution NO. 54-79, the Planning Commission disapproved and
recommended disapproval and denial by the City Council; and
WHEREAS, as to Segments II, VIII and IX on December 19,
~1979., by Resolution.No. 54-79, the Planning Commission approved and
recommended approval and adoption by the City Council, subject to
the conditions stated in said Resolution as to each segment; and
WHEREAS, this Council, in accordance with the provisions
of Section65355 of the Government Code, conducted and held a public
hearing on January 30,~1979, on the above-described proposed amend-
ment to the Land Use Element of the Bakersfield Metropolitan Area
General Plan, consisting of the nine segments as aforesaid, notice
of time and place of the hearing having been given at least ten (10)
calendar days before the'hearing by publication in said local news-
paper.
NOW, THEREFORE, IT IS HEREBY +FOUND, DETERMINED, and
RESOLVED AS FOLLOWS:
correct.
2.
The above recitals incorporated herein, are true and
That the Negative Declaration as to Segment I is hereby
approved and adopted.
3. That the Negative Declaration as to Segment II is hereby'
approved and adopted.
4. That the Negative Declaration as to Segment VI is hereby
approved and adopted.
5. That the Negative Declaration as to Segment VII is hereby
approved and adopted.
6. That the Negative Declaration as to Segment VIII is here-
by approved and adopted.
7. That as to Segment IX, the Planning Commission on
December 19,. 1979, made findings and recommended certification by
the City Council of the Final Environmental Impact Report dated
February 1979, and certification of the Supplement to the Final
Environmental Impact Report for the Eastside Shopping Center
General Plan Amendment.
8. That by Resolution No. 6-80, adopted by the City Council
on January 30, 1980, the Council did certify that the Final and
Supplemental EIR were completed in compliance with CEQA, the State
EIR Guidelines and City Council Resolution 39-78.
9. That as to Segment I of the proposed amendment to the
Land Use Element, constituting a change from medium density resi-
dential to office on approximately .37 acre of land located on
the Northeast corner of "N" and 8th Streets, as shown on map, the
Council of the City of Bakersfield hereby approves and adopts such
amendment.
10. A. .That as to Segment. II of proposed Amendment to the
Land Use Element, constituting a change from low density resi-
dential to commercial and office on approximately 2.4 acres of
land located on the Southeast corner of New Stine Road and Wilson
Road, as shown on map, the Council of the City of Bakersfield hereby
approves and adopts such amendment subject to the following con-
ditions:
a) Subsequent rezoning to include 'the."D" Architectural
Design Overlay zone.
b) Access and parking shall be designed
to preclude throUgh.'traffic movement
between New Stine 'Road and Wilson Road.
c) Access to the alley to the East shall
be designed or controlled to prevent
direct access to residential streets.
d) Lighting, signing and glare shall be
considered so as to not adversely effect
adjoining nearby residents.
e) Conditional Use Permits should not be
granted for potential excessive noise
generating uses (i.e., drive-in restau-
rants, car washes, etc.) unless properly
mitigated.
B. That current commercial zoned property (1.4 acres)
located adjacent to the East along W~lson Road and the parcel
located at the Northeast corner of Stine Road and Wilson Road,
zoned for office use be changed from low density residential to
commercial and office, respectively, for conformance with present
zoning and usage. The Council of the City of Bakersfield hereby
approves and adopts such amendment.
11. Segments III, IV, and V have been withdrawn by applicants.
12. That as to Segment VI of proposed amendment to the Land
Use Element, constituting a change from medium density residential
to commercial on approximately .3 acre of land located on the West
side of Olive Street, 145 feet South of Chester Lane, as shown on
map, the Council of the City of Bakersfield hereby continues the
application to the next scheduled action for amendment to the
General Plan.
13. That as to Segment VII of proposed amendment to the Land
Use Element, constituting a.change from low density residential to
office on approximately 4.7 acres of land located on both sides of
South "H" Street, between Highway 58 and Terrace Way, as shown on
map, the Council of the City of Bakersfield hereby approves and
adopts such amendment subject to the condition that the subsequent
rezoning include the "D" Architectural Design Overlay zone.
14. A. That as to Segment VIII of .the proposed amendment to
the Land Use Element, constituting a change from medium density
residential to commercial on approximately 3.3acres of land lo-
cated on the Southwest corner of Pacheco Road and South Union
Avenue, as shown on map, the Council of the City of Bakersfield
hereby approves and adopts such amendment subject to the following
conditions:
a)
b)
Retain South 285 feet of project area
as medium density residential desig-
nation.
Subsequent rezoning to include the "D"
Architectural Design Overlay zone.
B. That current commercial zoned property (1.94 acres)
located South of subject property be amended from medium density
residential to commercial for conformance with present zoning. The
Council of the City of Bakersfield hereby approves and adopts the
amendment.
15. That as to Segment IX of proposed amendment to the Land
Use Element, constituting a change from medium density residential
to commercial on approximately '70+ acres of land located South
of Highway 178, North of Bernard Street, West of Oswell Street,
and East of Mount Vernon Avenue, as shown on map, the Council of
the City of Bakersfield hereby approves and adoptes such amendment
subject to the following declarations, findings and conditions:
a. GENERAL
The proposed action is a request to con-
struct a planned commercial development
(P.C.D.) consisting of approximately 70+
acres of commercial and office uses.
Impacts of the proposed project were
analyzed on a comparative basis with
the existing permitted use of the site.
TOPOGRAPHICAL 'IMPACTS
The natural topographic features of
the site will be altered by cut and
fill operations. However, the pro-
ject site will be terraced to main-
tain the overall southwesterly slope
gradient.
Mitigation
There are no known unique character-
istics or rare formations which' require
extraordinary development considera-
tions. The preservati6n of the pre-
dominant top0graphical features will
be preserved by terracing.
SOI=LS
The proposed project will result in
soils disruption and modification due
to. grading, compaction and covering
with impervious surfaces. Such impacts
include, but are not limited to possible
settlement and erosion hazards.
Mitigation
The soils report in Appendix "B" of
the original Draft EIR suggests'miti-
gation measures to make insignificant
those potential impacts noted above
and are hereby included by reference.
AIR QUALITY
Air pollution concentration attribut-
able to the proposed project will pri-
marily result from mobile sources.
Mitigation
The findings in the EIR demonstrate
that there are no significant effects
on the Kern County portion of the San
Joaquin Valley air basin anticipated
to occur that are attributable to the
proposed project. Thus, no site specific
mitigation measures are proposed on site.
e. ,.NOISE IMPACT
The assessment of anticipated noise
impacts resulting from the proposed
project focused on mobile source gene-
ration. Certain quantities of the
residential units to be constructed
on the site lie within the 60 CNEL
contours.
Mitigation
Any developer on the site is to supply
an acoustical analysis of ambient and
projected noise levels and submit miti-
gation measures as the result of that
analysis prior to the 'issuance of any
building permits. Such required acousti-
cal analysis shall be performed by a
registered acoustical engineer.
'TRAFFIC
The basic conclusion.of the 'traffic
study is that the traffic to be gene-
rated by the proposed project can be
accommodated by the 'surrounding cir-
culation system at acceptable levels
of service by instituting the following
mitigation measures. These mitigation
measures will be the financial responsi-
bility of the project proponents.
Traffic signals will be required
at the Oswell Street/Bernard Street
and Oswell Street/westbound freeway
ramps intersections, and the exist-
ing roadways shall be restriped to
provide turn lanes as directed by
the traffic authority.
At the Mount Vernon Avenue Interchange
on State Route 178, construct an east-
bound off-ramp, a westbound on-ramp,
and traffic signals at eastbound and
westbound ramp intersections with Mount
Vernon Avenue. On.the eastbound off-
ramp approach to ~unt Vernon Avenue,
provide three lanes - one for right-
'.turning movementst one for left-turning
movements, and one for left or right-
turning movements°
(This project has been approved by
CALTRANS and has received environ-
mental clearances. However, no
funding sources have presently
been identified for the project).
Widen the eastbound off-ramp at the
Oswell Street Interchange on State
Route 178 and provide two right-
turn lanes and one left-turn lane.
Lengthen the northbound left-turn
lane on Oswell Street approaching
the westbound on-ramp to the maxi-
mum length practicable.
At the Oswell Street/Bernard Street
intersection, in addition to measures
already discussed, widen Oswell Street
to provide four northbound lanes -
two lanes for left-turning movements,
one lane for straight movements, and
one lane for straight or right-
turning movements.
Construct remaining Os~ell Street '
curbed median island between State
Route 178 and Bernard Street.
At the Mount Vernon Avenue/Bernard
Street intersection, Widen Mount Vernon
Avenue and modify existing traffic
signal.and construct medians to pro-
vide four southbound. lanes approach-
ing Bernard Street - two lanes for
left-turning movements, one lane for
straight movements, and one lane for
straight or right-turning movements·
Along the frontage of Eastside Center,
additional pavement shall. be installed
to provide for a right-turn lane for
westbound traffic approaching each of
the Eastside Center driveways. Traffic
signals shall be installed on Bernard
Street at the eastern shopping center
driveway and at the western shopping
center driveway.
Bernard Street shall be widened between
Oswell Street and Mount Vernon Avenue
to accommodate two traffic lanes in
each direction for the entire length.
PUBLIC SERVICES
The'nearest municipal sewer interceptor
with available capacity to serve the
site is approximately one-half mile to
the southwest.
Mitigation
Resolution of sewage capacity impacts
can be mitigated through the prepara-
tion of an engineering report which
identifies service design alternatives,
attendant cost estimates and adminis-
trative mechanisims which may permit
the Mount Vernon Sanitation District
to service the project site through an
administrative procedure acceptable to
the City of Bakersfield. These miti-
gation measures will be the financial
responsibility of the project pro-
ponents.
GENERAL DESIGN
The net impact on the public service
infrastructure is increased electrical
consumption.
Mitigation
Utilization of high efficiency
interior (fluorescent) and ex-
terior (sodium-vapor) lighting
fixtures with reduction of ex-
terior lighting to level consis-
tent with public safety require-
ments.
Utilization of 'energy efficient
air conditioning,-~heating, and
ventilation systems which incor-
porate an "economizer cycle"
utilizing outside.air for ventil-
ation when temperatures permit.
All exterior glass doors should
be partially+mirrored with re-
flective glass to reduce radiant
heat transfer.
Adherence to new State building
design standards (California Ad-
ministrative Code, Title 24,
Sections T-20-1450 to T-20-1542)
which result in more energy effi-
cient structures than similar fa-
cilities constructed prior to the
new regulations.
Due to the siting orientation
opportunities offered by the site
plan (Figure 2-3) consideration
could be given to the feasibility
of incorporating solar systems to
augment heating and cooling re-
quirements.
i.. ECONOMIC 'IMPACT AND TIMING OF DEVELOPMENT
The EIR concluded that two new major
regional shopping centers will be
statistically and marginally economically
feasible beginning in 1985. The City
has approved development of a regional
shopping center in the downtown area
which is scheduled to become operational
in 1982.
Mitigation
The Eastside Shopping Center is to com-
mence retail operations after January 1,
1985.
15. That the proposed amendment to the Land Use Element con-
sisting of the five (5) segments above described, the maps recom-
mended for adoption, and all the papers relevant thereto, are
hereby approved in accordance with Section 65357 of the Government
Code.
16. That such Land Use Element amendment should be endorsed
by the Planning Director to show that it has been adopted by this
City Council.
10.
17. That any and all development permits, zone changes or
other approvals for segments hereinabove describedlincorporate the
mitigation measures hereinabove 'set forth respectively for each of
them.
o0o
11.
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 30th day of January, 198.0, by the'follow-
ing vote:
AYES: COUNCILMEN BARTON, CHRISTENSEN, MEANS, MILLER, PAYNE, RATTY, STRONG
'~CI'TY~ER~K'~cio'Clerk o
Council of the City of Bakersfiel~ the
APPROVED this 30th day f January, 1980
ffBakersfield
APPROVED. as to form:
CITY .ATTORNEY .of the z of Bakersfield