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HomeMy WebLinkAboutRES NO 80-84RESOLUTION NO. 80-84 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND APPROVING SEGMENT I OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 2-84). WHEREAS, the Council of the City of Bakersfield referred Segment I of a proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan to the Planning Commission; and WHEREAS, in accordance with the Planning Commission of the City of Bakersfield, the provisions of Section 65351 of the Government Code, held a public hearing on July 19, 1984, on Segment I of a proposed amendment to the Land Use Element of the General Plan, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication Californian, a local newspaper of general in the Bakersfield circulation; and WHEREAS, such Segment I of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan is as follows: SEGMENT I: The Warmington Co. has applied to amend the Land Use Element of the Bakersfield General Plan by extending plan boundaries to include 6.534 acres of property located at the northwest corner of Rosedale Highway and Freeway 99 and to designate it for commercial use. WHEREAS, for the above-described Segment, an Initial Study was conducted, and it was determined that with mitigation measures incorporated as conditions in the project the proposed project would not have a significant effect on the environment, and a Negative Declaration was prepared; and by this made by and WHEREAS, the law and regulations relating to the prepara- tion and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield Resolution No. 132-83 have been duly followed by the City staff and the Planning Commission; and WHEREAS, by Resolution No. 66-84 on July 19, 1984, the Planning Commission recommended approval and adoption of Segment I Council and this Council has fully considered the findings the Planning Commission as set forth in that Resolution; 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 3, 1984, on the above-described Segment I of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, 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 newspaper of general circulation. NOW, THEREFORE, BE IT HEREBY RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings, incorporated herein, are true and correct. 2. The Negative Declaration for Segment I is hereby approved and adopted. 3. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 4. The City Council hereby approves and adopts Segment I of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, subject to the following nine (9) conditions included in the project with the consent of the applicant: (1) (2) (3) (4) (5) (6) (7) (8) (9) A drainage plan shall be submitted for approval by the City Engineer prior to development on the site or recordation of the subdivision map. Sewer service is available in Pierce Road and at the south end of Camino Del Rio Court, between the Red Lion and Hilton Motels. Exten- sion of a sewer line to serve the area shall be done at the developer's or subdivider's expense, and all applicable Planned Sewer Area fees and connection fees shall be paid prior to recordation of a subdivision map and/or issuance of building permits. A common access and maintenance agreement shall be provided for access to the site at the location of the traffic signal at Camino Del Rio Court. Access rights to Rosedale Highway shall be waived except at the signalized approach. At the time of development, the type and loca-- tion of refuse facilities shall be determined in consultation with the Sanitation Division of the City Public Works Department. Street improvements - concrete curbs, gutters, sidewalks and any necessary street paving, shall be required at the time of development or filing of a subdivision map. A permit shall be obtained from the State Department of Transportation for any work within the State Right-of-way or for modifications to the traffic signal. The driveway shown on Rosedale Highway is in conflict with the existing signalized drive approach opposite Camino Del Rio Court. There- fore, the existing access shall be used and proposed entrance shown shall be removed. Because of the expected traffic associated with this proposal, the existing signalized drive shall be widened to the west to align with Camino Del Rio Court to the south. The signal system shall be modified to accommodate the widening. The California Department of Transportation (CAL- TRANS) recommends the following right-of-way dedications for projected highway improvements: (a) About 95 feet of property will be required along the easterly side of the property for the improvement of the Highway 99/58 Inter- change (Highway 99 off-ramp redesign and redevelopment). (b) Rosedale Highway (Route 58) will need to be widened to six (6) lanes in the near future. Adequate right-of-way is needed from the applicant for this improvement. 5. That this Segment I of the proposed amendment to the Land Use Element constitutes Land Use Element Amendment 2-84. .......... 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 3rd day of October, 1984, by the following vote: AYE$~ COUNCILMEN: 8ARTON, CHILDS, CHRISTENS[N, MOORE, pAYNE, RATTY, ROCJ(OFF NOES: COUNCILMEN: A$SENL COUNCILMEN: ABSTAINING: COUNCILMEN: CITY CL~RK and Ex Officio Clerk of the Council of the City of Bakersfield APPRO%~ this 3rd day of October, 1984 H~¥O~ of ~'+e C~ty'of Bs~ersfi~l~ APPROVED as to form: AT~Yy o~~the ~C' CI ity of Bakersfield AJS/bl 4.