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
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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.)
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3NVI SON:3
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~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