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HomeMy WebLinkAboutRES NO 101-78RESOLUTION NO.' 101'78 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS AND APPROVING AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN. 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 August 16, 1978, on proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, notice of the time and place of the hearing having been given at least 10 calendar days before the hearing by publication in the Bakersfield Californian, a newspaper of general circulation pub- lished and circulated in the City; and WHEREAS, such proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan concerns the follow- ing general areas: Segment 1: This area is generally located at the northwest corner of "H" Street and Panama Lane. It is proposed to change the land use designation of such area from low-density residential to commercial. Segment 2: This area is located at the future intersection of Akers Road and White Lane. It is proposed to change the land use designation of such area from low-density residential to commercial. Segment 3: This area is located on the southeast corner of Village Lane and Stockdale Highway. It is proposed to change the land use designation of such area from commercial offices to com- mercial, e.g. to planned commercial development as per Draft EIR. Segment 4: This area is located west of the city limits at Stockdale Highway southwesterly to Interstate Route 5. It is pro- posed to change the land use designation of such area from natural resources, extensive agriculture and intensive agriculture to low- density. residential and open space. WHEREAS, by Resolution No. 32A-78, adopted on August 16, 1978, the Planning Commission of the City of Bakersfield made find- .ings and approved the hereinbefore-described amendment (consisting of said four segments) to the Land Use Element and in accordance with Section 65354 of the Government Code, transmitted its Report to the City Council on August 28, 1978; and WHEREAS, the Council of the City of Bakersfield, in accord- ance with the provisions of Section 65355 of the Government Code held a public hearing on September 20, 1978, on proposed amendment to the said Land Use Element, notice of the time and place of the hearing having been given at least 10 calendar days before the hearing, by publication in the said Bakersfield Californian. NOW, THEREFORE, IT IS HEREBY FOUND and RESOLVED as follows: That the above recitals incorporated herein, are true I and correct· II That the proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, consists of the four (4) segments or areas described above and as shown on the maps attached hereto and the staff report. III That, aS to Segment 1, above described, the Negative Declaration was approved and adopted by the Planning Commission on August 16, 1978, and is hereby approved and. adopted by this City Council on September 20, 1978, in accordance with CEQA, the State EIR Guidelines and City Resolution No. 39-78 and it is hereby found that said Segment 1 of the amendment to the Land Use Element will not have a significant effect on the environment. IV That, as to Segment 2, above described, the Negative Declaration was approved and adopted by the Planning Commission on August 16, 1978, and is hereby approved and adopted by this City Council on September 20, 1978, in accordance with CEQA, the State EIR Guidelines and City Resolution No. 39-78 and it is hereby found that said Segment 2 of the Amendment to the Land Use Element will n6t have a significant effect on the environment. ~ V That, as to Segment 3, above described, the Planning Commission of the City of Bakersfield by its Resolution No. 32-78, adopted on August 16, 1978, made findings and recommended certifi- cation by the City Council of completion of the Final EIR for Seg- ment 3 of the Genera~ Plan Amendment and' included the zone change at the southeast corner of Village Lane and Stockdale Highway. VI That by Resolution No. 94-78, adopted by the City Council on September 6, 1978, the Council did declare that it had reviewed, evaluated and considered the information contained in the said Final EIR and certified that it had been completed in com- pliance with CEQA, the State EIR Guidelines and City Resolution No. 39-78 re the proposed amendment to the Land Use Element and zone change for the 4.96 acres located at the southeast corner of Village Lane and Stockdale Highway. VII That, as to said Segment 3 the following declarations and findings are made: a. That the Final EIR entitled "Planned Commercial Development, 4901 Stockdale Highway," dated August, 1978, identified certain significant environmental effects, e.g. (1) Land Use - site alteration - effect of adding neighborhood shopping in areas desig- nated for office use; (2) Circulation - more vehicle trips are expected for shopping center use than for office use and on-site parking spaces are expected to be occupied more often for shorter lengths of time; more service vehicles may be expected; (3) Air Quality - uses proposed. for the site, either offices under present general p~an designation or commercial under a proposed change in designation, will contribute to some degree to air polluting emis- sions, mainly emanating from increased traffic; (4) Energy - the proposed project will have minimal impact on the projected demand for increased energy resources; (5) Noise -service vehicles which will be attracted to the proposed commercial uses would increase noise level to some extent. The Final EIR is referred to for full discussion of significant environmental effects. b. It is hereby found that alterations should be made in the project which will mitigate or avoid significant environ- mental effects as identified in the Final EIR: (1) C-2 zoning should not be approved; it is recom- mended that the project sponsor apply for the Planned Commercial Development Zone classification under the City of Bakersfield zoning regulations. This can. be considered a mitigating measure giving the City additional design parameters 'to minimize impacts resulting from the proposed project, should it be given approval. (2) The development plan, as formalized, should delete all vehicular access from Marsha Street. (3) The following mitigating measures should be taken to minimize noise from use of increased service vehicles: (a) Construction of a six-foot masonry wall with attendant landscaping along the Marsha Street boundary of the site. (b) All noise generating equipment, such as air conditioners, refrigeration units, blowers, etc. should be installed to direct noise away from the southern property line or should be shielded or baffled to reduce noise transmission to the south. (c) Redesign of internal traffic circulation to direct ingress and egress to Village Lane and Stockdale Highway should be accomplished. (4) The restaurant parking should be reconstructed to the design shown on Figure 1 (site Plan) of the Final EIR. This would improve internal circulation for the shopping center and reduce isolation of the restaurant use from the proposed uses. (5) The bicycle path should be protected from inter- ference and hazards from shopping center traffic by maintaining the median strip on Stockdale Highway without additional breaks, thus reducing right turns only from Stockdale Highway onto or off the site and limit curb cuts to the two parking access openings and the service entrance and periodic review and establishment of addi- tional directional and warning signs as needed. (6) Energy conservation measures consistent with provisions of the California Administrative Code, Title 24, "Non- Residential Energy Standards" should be incorporated into the project design. (7) Light standards 'for the parking lot and related exterior fixtures should be located and shielded to reflect light down and away from adjacent properties. (8) The Planning Department should periodically re-examine the general plan designations for other vacant properties in the area. (9) Water Conservation Measures should be care- fully considered, which measures include: installation of aerators on basin faucets to restrict water flow, installation of water- efficient toilets, installation of timers on landscape sprinkling systems to minimize overwatering and to permit watering in night or early morning hours to reduce evaporative loss and selection of landscaping elements which do not require extensive watering. (10) The Planning Commission in its consideration of the Development Plans submitted by the project sponsor under the Planned Commercial Development classification should review all facets of the Plan with the purpose of mitigating or avoidong the significant environmental effects as identified in the Final EIR and in this resolution. c. That the no-project alternative and alternative location alternative as discussed in the Final EIR are rejected. VIII That as to Segment 4, above described, the Negative Declaration was approved and adopted by the Planning Commission on August 16, 1978, and is hereby approved and adopted by this City Council on September 20, 1978, in accordance with CEQA, the State EIR Guidelines and City Resolution No. 39-78 and it is hereby found that said Segment 4 of the Amendment to the Land Use Element will not have a significant effect on the environment. IX That the Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, consisting of the above- described segments or areas, and as shown on the staff report and on maps attached hereto, are hereby approved in accordance with Section 65357 of the Government Code. X That such Land Use Element Amendment shall be endorsed by the Planning Director to show that it has been adopted by this City Council. 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 20th day of September, 1978, by the following vote: AYES: COUNCILMEN BARTON, CHRISTENSEN, NOES: COUNCILMEN: A~SLNT: COUNCILMEN: 'ABSTAINING COUNCILMEN,~~ O CITY'L~ERf~io Clerk o Council of the City of Bakersfiel~ Bakersfield APPROVED as to form: the · ",j2':"': :':..,,, .--. - , \\ .! :::-':E:!:i:L i · ":.. f:~... ' ~:" ~ :' ~ : '.'::'..:: :.":1.' -' · '.~!:i:i:i!ii~:!:~!i!:.<.!i~-~:':"" : ', .~.". ......" ..........;..'. "'::!:!:::"i:"'... :. , z.',. ... (:~.~,...'-7;X:. ':: " "' '<'.:"".'~' '.~.i' mmmm,~ .....: .......~"q~s, 4 ".°"~ ': I ;~.".~ ~'*.r°* LL< .~ .=*-""' · "~ ~.:*" "'.~' .i: :""-.. i..~<.:,:..~ .%::':- . ..., ~.~.'.. ............... '(]~' L_., O~u'13B J i , i SON3 ~..J du3 ~.. AMENDMENT TO THE LAND USE ELEMENT -- Segment 1 This area is generally'located at the Northwest corner of "H" Street and Panama Lane. It is proposed to incorporate a commercial nomenclature to the land use rather than low-density residential. This segment of the proposed land use amendment 78-2 modifies the land use nomenclature presently existing on the Northwest corner of Panama Lane and South "H" Street. This land area was part of a recent annexation known as Wible 2 and contained provisions for commercial uses adjacent to the East side of Freeway 99. The city recently modified the zoning to allow a Travel Trailer use on that portion of land formerly designated as commercial. There- fore, this segment of the 78-2 land use amendment provides for a needed but limited neighborhood commercial use easterly of that area presently desig- nated as commercial. In addition, the Metropolitan Area General Plan desig- nated a commercial use on the northwest corner of South "H" Street and Panama Lane, but the zoning was never made consistent with the nomenclature. The land use area to be redesignated consists of approximately six acres of land and will be served by two arterials--Panama Lane and South "H" Street. Should this segment of the 78-2 land use amendment be approved, the area in question will be rezoned for commercial uses. The land area is vacant and has been used for agricultural purposes in the past. The site contains no significant environmental attributes such as cultural, scenic, or historical resources that would be destroyed because of the approval of this project. Therefore, there can be no significant environmental effects caused by this project. (Please refer to maps and minutes attached.) AMENDMENT TO THE LAND USE ELEMENT -- Segment 2 This area is located at the future intersection of Akers Road and White Lane. It is proposed to incorporate commercial nomenclature to the land use rather than low-density residential. This segment of the 78-2 Land Use Element Amendment is prepared so that the Land Use Element and existing zoning are consistent. The land area in question is located at the future intersection of Akers Road and White Lane. The zoning on the northwest corner is C-1 (Limited Com- mercial) with an architectural design overlay (i.e., architectural control). The Land Use Element depicts this area as low-density residential. Staff proposes to show commercial use on the north side of White Lane on either side of the future alignment of Akers Road. The area to be redesignated as commercial has been used for agricultural purposes in the past, but presently lies fallow. There are no significant environ- mental factors whose demise or modification would cause a significant effect on the environment. (Please refer to maps and minutes attached.) AMENDMENT TO THE LAND USE ELEMENT-- Segment 3 This area is located on the Southeast corner of Village Lane and Stockdale Highway. It is proposed to change the land use nomen- clature from commercial offices to planned commercial development. This segment consists of a proposal by Carver Development Company to amend the Land Use Element of the General Plan and to construct a neighborhood shopping center on approximately five acres of vacant land located on the southeast corner of Village Lane and Stockdale Highway. The shops are proposed to be within contiguous buildings totalling 52,640 square feet. No'specific uses are called out for the project at this time other than a general description of "retail space typical of neighborhood shopping centers". Zoning on the prop- erty at the present time is Commercial and Professional Office-Archi- tectural Design (C-O-D). The applicant has also requested a sub- sequent change of zone to Planned Commercial Development. (Please refer to maps and minutes attached.) AMENDMENT TO THE LAND USE ELEMENT -- Segment 4 This area is located West of the city limits at Stockdale Highway, south- westerly to Interstate Route 5. zt is proposed to change the land use nomenclature of natural resources, extensive and intensive agricultural as shown on the Kern County Land Use Element to low-density residential and.open space. This segment of the Land Use Element Amendment 78-2 involves territory known as "Kern River No. 6" annexation. A Focused EIR was written and certified by the city of Bakersfield June 6, 1978. The territory annexed totals 3380 acres of land located southwesterly along the Kern River from the existing city limits at Stockdale Highway to Interstate Route 5. Only 310 acres of the total territory are suitable to be converted to urban use. This area is located southerly of Stockdale Highway between Allen and-Renfro Roads.and northerly of the Cross-Valley Canal. As noted in the Final EIR, when the annexation was completed, a Land Use Element Amendment to the General Plan would be processed to denote the 310 acres as low-density residential with remaining territory to be depicted as it presently exists. Therefore, the 3070 acres of territory (the majority of which is owned by the city) will be shown as open space on the Land Use Element. This open space nomenclature allows existing agricultural and Kern River water spreading activities to remain. The total description of the entire territory is contained in the Kern River No. 6 EIR, and therefore, will not be repeated here. (Please refer to maps and minutes attached.) :::::::::::::::::::::::::::::::::::::::::: · ' iii::::i:::: :::::::',', :::;' P~,N~MA .;~'~ .:,..., ..~ ..~d' ';-.~'i: .......:"' ~,. 4.":. · ..... ~.{-~-..- ~ ~.~ J~., . .:}. .-.. . .:~, - . ;. "...,........:.:. -.. .....~..... '[- - _.-,..:~.:.~ .":~ ....::;~:;"":"' ':'.'.:".;"'.."'-"'.' '..:;!' ':""':......6, '~~.. :.~..:! .--'.'.....-.;.. .. .... --'... ....\ .: :...:.~ ;-., -;'. · .-.'}... ,%..,~ · ....~ :..,. '.,; : : , ., .... ...........' ....-:-.--:: :.:::~.~..~ ,,..,__,- _, .~ _ _, -.. ~..8.'~.......;.:.:.: ~. ~";~"; : ...... ..-. .........' ':'~ ..';.:::.T: .......~....;.....-.....-."':"'~:; ......... .'-.;'..'.~. ....: ....::~.......~ .............. =================================='.' .' Zi' :"':""':':':':i::i::i~i::i::~-:_-'::i:: ..... .:.: ;: .,. ~ iii:~.'::::5~ .....- ,.- F i< f 3NVI SON:3 Q ~i!nutes, 'PL/~ , 8/~6/78 ' . Page tI C6 ~ss~onar Davis ~nfo~ed C~ss~on and s~a~s h~s. unde~and~ng /la~nlng D~Pec~o~'Sceales fel~ ~h~s .m~e~"~o e a p~blem ;~$ zoning ~s .conce?ned, and ~he m~eP. c~uld be . ~sol~ed a~ a le~e? da~eo n' ~ on by'C~ss~oneP Fr~dsptckS~j '~eCo~b~ C~ss~oneP Be :: ca~ed, Co~ss~on approv~ ~he C-2/' zon~p~s-requested~ ~ev~sdo ~{th ~he appl{cet~on. Of ~he."), overly, eppPov~ negative declarat~on."adve~{sed .a a p[ted., :~ound the zo'n{ng ~vdul.d be cono ~s{~teB~ ~h ~he. Land. Use El~sn~ ~ ~he General .Plan~ and ~ ~ended sa PUBLXC 'H~NG' ON ~N~T~ATED ACTION B~ TH~ PLANNING COR~i~SS~ON RE PROPOSED At,IENDnE~'~O ,YHE. LLOYD USE ECE~ OF ~B;KERS~ELD ~RO~6LXTAN AREA Principal Planner ,el Tooker ~evte~d the content of the Staff.~epo~t 'distributed ~o.each Commissioner covering .the :four segments: SEGME~ 1: Ares ~e~er~i ly'located st t~e n~thl~st corner of "H" '.Steer an~ P~n~ma Lane° Proposal of staff is to incorporate a "'ct~l n~encleture' t~.the land use rathe~ than.~denslty~stdentt~1~ .This.~ould p~ovide.a limited nelghborhoed..co~ePctal use easterly an ~ea'p~esently designated as c~e~.~al.o..;'This se~nt, in addition; ~uld designate a.c~ePcial use en tha~o?t~est ce~e? of South."H" StPeet ~Rd P~nama Lena'on ~htch the zontng.was. BeveP. mde c~nsistent.' 'This app~oximtely's~'X~ac~e' peP~ton.has bsen used fop ag~tcultuPal' purpoSeso -7. ... SEGME~ 2: A~ea is lecat~ at the futur~ tntePsectton of A~ers ~o~d and ~hite LaBeo Xt is pPoposed to l~co~porate 'commercial clatu~e to the land use rat.he~ th~B led-density ~esqdentialo ~,me? of the ~oPtheast ~come~ has Pequest~ .tis sm~dmnt to the la~d useo SEG~E~ 3: ·This covers a~ l~cat~ o~ the Southeast co~er of '~Je L~ne and Stockda)e Highway' on ~tch.develope? ts pro~stng ~ change l~ the zoning f~ c~lal .offices.to plan~ c~lal devele~Bt, An EX~h~s bee~ p~ep~Ped,.~ve~issd~ ~vi~ed~ and the Final EX~ has'been app~ved by C~Isslon end ~ce~ended for-" cePtiftcatton by the City Cou~cllo 20. Amendment to the Land Use Element (continued) SEGNENT 4: Area is located west of the ctty limits at Stockdale ~o'~n~.s~er]y to Xnterstate Route 5o Proposal ts to change the land use nomenclature ~f natural ~esources, extensive and intensive agriculture as Sho~.~,n on ~he ~erB County Land Use Ei.a~,ent t~ lo~-de~s~ Pesid~nt~al and open space~ The ~otal area suitable ~o~ urban use comprises 310 acres only, and ~s located souther]~ of Stockdale H~ghway b~iT~een Allen andeRenfro Roads a~d ~ortherly of the cr!.ss-valtey canal~ This sefi~e...nt was addressed in the Ke?~-~iver 6 An~exetie~ ~d ~XR~ S~.~ of this property is sttl) in ~the agriculture ~se~ye aBd sem, e tsbei~g used by the city far spreading C~dssteB, u~o~ i~quiry, ~as told sem~s ~ili Bot be i~ ~ts' ~rea at tim9 aBd al) ~a~r syst~s ~til have .~be supplied by the various Audience co~ts ~e s~itcite& No ~ae~shed to offer testtmonyo He~N~g na~e, on motion by C~issioneP Banks, s~o~ded by C~isstone~ F~ederlckson, public porti~ of the hea~tng ~.~s On ~otion by C~ffssioner Fredertckso~, s~onded by C~mtssioner Ba~ksj Ce~tssion approved ~nd adopt~ the negative decla~attons Seg~l~ts )~ 2, and t, appmv~ ~e a~n~nt ~ 't~ Land Use ef the G~e~a) PlBn ~s it ~lates to S~nts i, 2 3 and 4, and ~ended santo to the City:Council by the foli~ing Poil call vote: AYES: .C~tssione~ Bai~, Banks~ Freder(cks6n, P?ewett NOES: None ABSD~: C~tsst~e~s' Van DaVIs, Haddad. o o Sectic~ 23, 'TO~i:~'ip 3I SOu~'; '~a' st, No~t Di~bto Bas ertdta~ {1~8 .' .res of land) co~stdere~ s a~d and located ~orth f Beer )Io~t~ n Bouleva~ an~ ~ mite of Cottom~d Boado '.. On mot n 'by C~issloneP Banice ~de~ by C~issio ede;~ickso~, end ca ted P~iss)on epprov the sale e