Loading...
HomeMy WebLinkAboutRES NO 68-80RESOLUTION NO.' 68'80. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING. NEGATIVE DECLARATIONS ON SEGMENTS I, II, VI, VII, VIII, IX AND X, APPROVING SEGMENTS I, II, VII, VIII, IX AND X, AND DENYING APPROVAL OF SEGMENT VI OF PROPOSED AMENDMENT TO THE LAND USE ELE~NT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN. 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, II, VI, VII, VIII, IX and X, to the Planning Commission.; and WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65.351 of the Government Code held a public hearing on September 3, 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 Area General Plan concerns the following areas: SEGMENT 1: J. ALVIN WHEELAN, representing DOUGLAS FOX, LLOYD HALE, and THERESE M. QUARLES, has applied to change the land use designation on approximately 14.06 acres located at the Northwest corner of Panama Lane and Wible Road from Low Density Residential to Commercial. SEGMENT II: MICHAEL CALLAGY, representing JAMES ROWLAND, has ap- plied to change the land use designation on approxi- mately 6.1 acres located at the Northeast corner of Wible Road and Panama Lane from Low Density Residential to Commercial. SEGMENT VI: DAN VILLALOVOS of MORELAND ENGINEERING, INC., repre- senting PETER MOSESIAN, has applied to change the land use designation on approximately 11 acres located at the Southwest corner of 40th Street and "Q" Street, from Medium Density Residential to Office. SEGMENT VII: The MING CENTER INVESTMENT COMPANY has applied to change the land use designation on 0.83 acre located on the North side of Ardmore Avenue, 100 feet West of Akers Road, from Low Density Residential to Office. SEGMENT VIII: The CITY OF BAKERSFIELD has initiated a request to change the land use designation on approximately 25 acres generally located between Valencia Drive and Park Drive, to a depth 'of 600 feet North of East Niles Street, from Low Density Residential to Medium Density Residential. SEGMENT IX: JOHN MANOR, representing MICHAEL MOSS, has applied to change the land use designation on approximately 0.5 acre located at 4417 Wilson Road and near the Southeast corner of Edmonton Street and Wilson Road, from Low Density Residential to Office. SEGMENT X: JACK D. COLLIER (DELUXE HOME BUILDERS, INC.) has ap- plied to change the land use designation on 0.17 acre located 62.5 feet West of Olive Street, 146 feet South of Chester Lane, from Medium Density Residential to Office. WHEREAS, for Segments I, II, VI, VII, VIII, IX and X, 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, provided that in the case of Segments I, II, VII, VIII and X, that attached mitigation measures are adhered to, and a Negative Declaration was prepared for each of such segments; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State EIR Guidelines, and City of Bakersfield Resolution No. 60-80 has been duly followed by the City staff and the Planning Commission; and WHEREAS, as to Segment VI, on September 3, 1980, by Resolution 32-80, the Planning Commission disapproved and recom- mended disapproval and denial by the City Council; and WHEREAS, as to Segments I, II, VII, VIII, IX and X the Planning Commission, by Resolution No. 32-80 on September 3, 1980, 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 October 29, 1980, on the above-described proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, consisting of the seven 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 the Bakersfield Californian, a local newspaper of general circulation. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND RESOLVED AS FOLLOWS: The above recitals incorporated herein, are true and correct· 2. That the Negative Declaration with mitigation measures as to Segment I is hereby approved and adopted. 3. That the Negative Declaration as to Segment II with mitigation measures 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 with mitigation measures is hereby approved and adopted. 6. That the Negative Declaration as to Segment VIII with mitigation measures is hereby approved and adopted. 7. That the Negative Declaration as to Segment IX is hereby approved and adopted. 8. That the Negative Declaration as to Segment X with mitigation measures is hereby approved and adopted. 9. That as to Segment I of the proposed amendment to the Land Use Element, constituting a change from Low Density Residential to Commercial on approximately 14.06 acres located at the North- west corner of Panama Lane and Wible Road, as shown on map, the City Council hereby approves and adopts the amendment, subject to the following conditions: a) Proposed development should be limited to six acres in size, and not to ex- ceed any neighborhood standard (i.e., permitted commercial uses in C-1 Zones of the City). b) c) No more than one neighborhood shopping center should be approved at the intersection of Panama Lane and Wible Road. Design review by Planning Commission will be required to assure residents safety and proper circulation in the area· 10. That as to Segment II of proposed amendment to the Land Use Element, constituting a change from Low Density Residential to Commercial, on approximately 6.1 acres located on the Northeast corner of Panama Lane and Wible Road, as shown on map, the City Council hereby approves and adopts the amendment, subject to the following conditions: a) Proposed development should not exceed 2,202 acres, and any neighborhood commercial standards (i.e., permitted commercial development in C-1 Zone of the City). b) No more than one neighborhood shopping center should be approved at the intersection of Panama Lane and Wible Road. c) Design Review by the Planning Com- mission would be required to assure residents safety and proper circula- tion in the area. 11. That as to Segment VI of proposed amendment to the Land Use Element, constituting a change from Medium Density Residential to Office on approximately 11 acres of land located on the South- west corner of 40th Street and "Q" Streets, as shown on map, the City Council hereby disapproves and denies the amendment. 12. That as to Segment VII of proposed amendment to the Land Use Element, constituting a change from Low Density Residential to Office on 0.83 acre located on the North side of Ardmore Avenue, 100 feet west of Akers Road, as shown on map, the City Council hereby approves and adopts the amendment, subject to the condition that the subsequent re-zoning include the "D" Architectural Design Overlay Zone, that addresses the following mitigation measures: a) b) c) d) The developer shall construct a masonry wall on property lines ad- jacent to residential uses to mitigate noise, glare, and aesthetic impacts. All exterior lighting should be so constructed as to not reflect beyond the property line in order to protect residents from unnecessary light and glare. Landscaping should be required along Ardmore Avenue in front of parking areas and buildings to dampen the visual impact and reduce and absorb automobile noise. In the "D" Overlay Architectural Review process, careful consideration should be given to the height of office structures and its effect on surrounding residents. 13. That as to Segment VIII of proposed amendment to the Land Use Element, constituting a change from Low Density Residential to Medium Density Residential on approximately 25 acres located on Niles Street, approximately 176 feet East of Valencia Drive to Park Drive, to a depth of 600 feet, as shown on map, the City Council hereby approves and adopts the amendment, subject to the following conditions: a) b) Subsequent zoning should include a Design Overlay Zone to assure compati- bility with surrounding uses and plans. Church property should be assigned a "CH" Overlay Zone. c) Developers should be encouraged to submit P.U.D. plans where easements create difficult sites, and incorporation of the easement as common area would be feasible. d) Because of power line easement use restrictions affecting all property, owners should be encouraged to work together to obtain subdivision compati- bility and maximize development potential. e) When specific projects are proposed, the desirability of bike and equestrian trails should be considered. 14. That as to Segment IX of proposed amendment to the Land Use Element, constituting a change from Low Density Residential to Office on approximately 0.5 acre of land located at 4417 Wilson Road and near the Southeast corner of Edmonton Street and Wilson Road, as shown on map, the City Council hereby approves and adopts the amendment. 15. That as to Segment X of proposed amendment to the Land Use Element, constituting a change from Medium Density Residential to Office on 0.17 acre located 62.5 feet West of Olive Street, 146 feet South of Chester Lane, as shown on map, the City Council hereby approves and adopts the amendment, Subject to the following conditions: a) Only the West one-half of the 120- by 125-foot site be amended to show an office designation. b) Access to the proposed development is to be provided solely from the commer- cial center West of subject property. No construction will be permitted until a written easement to said commercial center is recorded. c) A "D" Design Overlay should accompany subsequent zoning of the site. d) No construction will be permitted until a waiver of access to Olive Street and alley is submitted and approved by the Public Works Department and the City Attorney. 16. That the proposed amendment to the Land Use Element, consisting of the seven (7) segments above described, the maps recommended for adoption, and all the papers relevant thereto, constituting the report of the Planning Commission required by Section 65356.51 of the Government Code, have been transmitted by the Secretary of the Planning Commission to the City Council and are hereby approved in accordance with Section 65357 of the Govern- ment Code. ~ 1~.~. That such Land Use Element amendment should be endorsed by the Planning Director to show that it has been adopted by this City Council. 18. 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 29th day of October, 1980, by the following vote: AYES: COUNCILMEN BARTON, CHRISTENSEN, MEANS, MILLER, PAYNE, RATTY, STRONG NOES: COUNCILM~F!.._ /~ ~ ~d E. ABSENT: COUNCILMEN: M ~ ~ E ABSTAINING: COUNCILMEN: ~ O k~ ~ the