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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 This Segment Withdrawn by Applicant "SEGMENT 'IV: Douglas Fox and Lloyd Hale (by J. Alvin Wheelan) have applied to change the land use designation for properties (approximately 10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