Loading...
HomeMy WebLinkAboutRES NO 201-02RESOLUTION NO. 2 0 1 ' 0 2 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING THE PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, SEPTEMBER 16, THURSDAY, SEPTEMBER 19, MONDAY, SEPTEMBER 30, and THURSDAY , OCTOBER 3, 2002, on General Plan Amendment P02-0756 of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such General Plan Amendment P01-0756 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment P01-0756 Mclntosh & Associates has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from LR (Low Density Residential) to GC (General Commercial) on 8.92 acres located along'the southeast corner of Stine Road and Panama Lane; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Mitigated Negative Declaration was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Mitigated Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 127-02 on October 3, 2002, the Planning Commission recommended approval and adoption of General Plan Amendment P01-0756 subject to conditions/mitigation measures listed in Exhibit "1" and this Council has fully considered the finding made by the Planning Commission as set forth in that Resolution; 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 WEDNESDAY, November 20, 2002 on the above described General Plan Amendment P01-0756 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 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 local newspaper of general circulation; and WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Mitigated Negative Declaration was prepared for the project in accordance with CEQA. 4. Mitigation was incorporated into the project to reduce impacts (Exhibit "1"). 5. The proposed project is consistent with the surrounding land uses. A traffic study was required for the project and mitigation measures were recommended to alleviate traffic impacts. The public necessity justifies the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Mitigated Negative Declaration for this project. NOW, THEREFORE, BE IT 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. The Mitigated Negative Declaration for General Plan Amendment P01-0756 is hereby approved and adopted. 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. The City Council hereby approves and adopts General Plan Amendment P01- 0756 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "2" attached hereto and incorporated as though fully set forth, for property generally located along the southeast corner of Stine Road and Panama Lane, subject to mitigation measures/conditions of approval shown on Exhibit "1 ". That, General Plan Amendment P01-0756, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. ......... 000 ......... the I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by Council ~0zthe City of Bakersfield at a regular meeting thereof held on I~0~/ P. 0 by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~-.o._ PAMELA A. McCARTHY, C~C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 20 [002 APPROVED as to form BART J. THILTGEN City Attorney /7 S:\Dole\P01-0756\CC GPAR.DOC EXHIBIT "1" MITIG~ATION NEG~ATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE C;HANG~E P01-0756 Dust suppression measures listed as Regulation VIII are required for all construction in the City of Bakersfield and are regarded by the San Joaquin Valley Unified Air Pollution Control District as sufficient mitigation to reduce PM-10 impacts to less than a significant level. Comply with traffic study mitigation measures shown on Exhibit 1. All regional traffic impacts caused by this development shall be mitigated according to the regional impact fee ordinance at the time of issuance of building permits. In addition, local ordinance requires all on site street improvements and a proportional share of boundary street improvements be built by each development. Comply with the terms of the Metropolitan Bakersfield Habitat Conservation Plan and associated Section 10 (a) (1) (b) and Section 2081 permits issued to the City of Bakersfield by the United State Fish and Wildlife Services and California State Department of Fish and Game, respectively. If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. EXHIBIT '1" MITIGATION* Table 6: Intersecfion Improvements/Mitigation/Pro-Rata Share - GPA/ZC ~ Panama Lane & S~ne Road Intersection/Mitigation = Exist Project Traffic Year 2020 Cost of Project's @ Year 2020 Future Imprvm't I Share of Project PHV PHV % ~ PHV (8) WII~¢~ Laftc & ~ostofd NOl analyzed bf~yond existing s~nor, project ~dded 5()~6 10 0 17% 6020 peak hour traffic is less tfian 40 (Ex~stln9 LOS "C") ~c ~s~oad Not analyzed beyond existing sm~ project added 4922 18 0 31% 5783 $0 $0 Whit~ Stine R~ 2020: Add EL WL to maintain existing LOS "E' 6061 26 036% 7234 $160.000 $575 2020 + Proj No addit~onar mit[ga~on required due to additio~ of project ~affic ~i~8 Lane ~Wibie Not analyzed beyond existing smc~ project added 5659 12 0.17% 6963 $0 peak hour ba~c is less than 30 (Existing LOS ~ford Ro~&~acheco RO~ ~ Not analyzed beyond existing since pro}act added 1570 17 0 ~1% 2390 $0 $0 peak hour traffic is less than 50 (Existing LOS Signal Warrants Satisfied NONF '~blc ~0 &~achc~Rpad peak hour baffle is less than 20 (Exist,ha LOS "E ) ~o~d & Ha~i~R~ Existing: LOS Signal Warrants Satisfied: 1, 2, & 11 2020: Provide ~raffic Signal for LOS 'D" 1758 32 I 15% 2791 $120,000 $1,37( 2020 + Proj No mitigabon r~uired due to addifion of prelect traffic ~oad & Ha[ds Road 2020 No improvements required for Future 2020 tra~c .~creases 2020 56 2 32% 2409 $0 $0 2020 + Proj No mitigation required due to adddmn of proiect tra~c ~d & Harris Roa~ Not analyzed beyond ex~sting mnce project added 1931 12 0 44% 2701 *From TRAFFIC IMPACT STUDY FOR (]onunercia] Project @ Panama Lane & Srine Road June 2002 2037ts01.xls:Pro-Rata Share-MltJg Page 13 E×}II t~I 1' "1" Table 6: Intersection Improvements/MitigatJon/Pro-Rata Share * GPA/ZC @ Panama Lane & Stlne Road IntersectlonlMitlgatlon 3 Exist Project Traffic Year 2020 Cost of Project"s ~ Year 2020 Future Imprvm't I Share of Traffic + Mitlg. ImplMitlg Project PHV PHV % 2 PHV (8) 12 ~a~L~_&~)Jd Riv~.j'J:{Qad Existing: No improvements required, Existing LOS Signal Warrants Satisfied: NONE Not analyzed beyond existing since project added 416 8 063% 760 $0 $0 peak hour traffic is less than 50 (Existing LOS 'B") 13 ~anama Lane & Gosford Road z Existing: No improvements required, Existing LOS "C' Signal Warrants Satisfied: I & 11 2020: Provide Traffic Signal z 1250 46 2.39% 1927 07 $0 Signal Warrants Satisfied: 1, 2, & 11 2020 + Proj: No additional mitigation required due to addition of project traffic 14 , · Existing Signal Warrants Satisfied: NONE 2020: No improvements required to maintain existing service levels 990 63 3.61% 1747 0 z $0 Signal Warrants Satisfied: 2 & 11 2020 + Proj: No mitigation required to maintain existing service levels Signal Warrants Satisfied: 2 & 11 15 ~_n~.~8 LsEe & Ashe Road 7 Existing: LOS "F" Signal Warrants Satisfied: 2, 8, & 11 2020 No improvements required to maintain existing LOS "F" 1512 104 3 61% 2880 0 7 $0 2020 + Proj: No mitigation required due to addition of project traffic 16 Panama Lsn¢ ~ Stine Road 7 2020: No ~mprovements required for Future 2020 traffic increases 2136 341 9 01% 3785 2020 + Proj: Add NF{ $10,000 $901 17 EanaE~a Lane & A~ers Road 2020: Add WL & WR 2t 12 137 394% 3474 S50,000 $1,972 2020 + Prot: No additional mitigation required due to addition o1 project traffic 18 Panama Lane & Wible Road 2020: Add EL, ET, WL, W3', & ST to maintain existing LOS "D" 3542 102 1.64% 6232 $25,000 $409 2020 + Proj: No additional mitigation required due to addifion of project traffic 19 Panama Lane & SB 99 Ramps AM Peak Not analyzed beyond existing since project added 2699 23 0.57% 4004 $0 $0 peak hour traffic is less than 50 (Existing LOS 'B") 201 Bc, nama Lane & SB 99 Ramps PM Peak 2020: No improvements required for Future 2020 traffic increases 2620 71 1.84% 3866 $0 $0 2020 + Proj: No mitigation required due to addition of project traffic 21 ~a[~ama Lane & NB 99_J~3mos AM Peak Not analyzed beyond existing since project added 2908 17 0.38% 4506 $0 $0 peak hour traffic is less than 50 (Existing LOS "A") 22 BaJ:tama Lane & NB 99 Ram{3s PM Peak 2020: No improvements required for Future 2020 traffic increases 2466 52 1.32% 3953 $0 $0 ~ 2020 + Proj: No mitigation required due to addition of project traffic June 2002 2037ts01.xls:Pro-Rata Share-Mitig Page 14 EXhIBiT "1" nt.) Table 6: Intersection Improvements/Mitigation/Pro-Rata Share - GPA/-ZC ~ Panama Lane & Stine Road Intersection/Mitigation 3 Exist Project Traffic Year 2020 Cost of ProJect's @ Year 2020 Future Imprvm't / Share of Traffic + Mitlg. ImplMitlg Project PHV PHV % 2 PHV (8) 23 Panam~LL~Oe & South~U"~Street Not analyzed beyond existing since project added 2201 31 086% 3597 $0 0 peak hour traffic is less than 40 (Existing LOS "C") 24 PanamaLane &Union AV~lU~ ? Not analyzed beyond existing since project added 1676 10 0 40% 2515 $0 $0 peak hour traffic is less than 40 (Existing LOS 25 Stine I:~;zad & Berksi3ire Road 4.7 2020: No improvements required for Future 2020 traffic increases 593 55 4.30% 982 $0 $0 2020 + Proj: No mitigation required due to addition of project traffic Signal Warrants Satisfied: NONE 26 Wible Road & Berkshire Road Existing Signal Warrants Satisfied: NONE Not analyzed beyond existing smoe project added 859 10 0 49% 2045 $0 $0 peak hour traffic is less than 40 (Existing LOS "C") 25 GosfDr(;LRoad & McQutchen RPa~ 4. z Existin9 Signal Warrants Satisfied: NONE 441 5 0 39% 698 $0 $0 Not anaryzed beyond existing since project added peak hour traffic is less than 50 (Existing LOS "B") 26 St[n~.. Road & Hos~ Ave!tu¢~4'7 2020: No improvements required for LOS "C" 709 43 336% 110t $0 $0 Signal Warrants Satisfied: 1, 2 & 11 (with existing laneage) 2020 + Proj: No mitigation required for LOS 27 ~Wible Road& Hosking Avenue 7 Existing Signal Warrants Satisfied: I (with existing laneage) 933 16 I 00% 1593 $0 $0 Not analyzed beyond existing since project added peak hour traffic is less than 50 (Existm9 LOS "B") 28 ~e Road & M_cKee Road_* 7 Existing Signal Warrants Satisfied: NONE 275 31 242% 437 $0 $0 Not analyzed beyond existing since project added peak hour traffic is less than 50 (Existing LOS "A") 29 ~/ible Road & McKee ~ "' z Existing Signal Warrants Satisfied: NONE 477 12 0 94% 1168 $0 $0 Not analyzed beyond existing since project added peak hour traffic is less than 50 (Existing LOS "B") 30 Zaft Hwv & Ashe B.o~t~;L~fyj~a~4 7 Not analyzed beyond existing since project added 693 3 0 23% 884 $0 $0 peak hour traffic is less than 50 (Existing LOS "B") 31 Taft ~ Ashe Road- PM Peak 4 z Not analyzed beyond existing since protect added 979 10 0 78% 1225 $0 $0 peak hour traffc is less than 40 (Existing LOS Signal Warrants Satisfied: NONE June 2002 2037ts01.xls:Pro-Rata Share-Mifig Page 15 EXHIBIT "1" (cont.~ Table 6: Intersection Improvements/Ml§gat/~,~/Pro-Rata Share - GPA/-ZC @ Panama Lane & Stlne ~oad Intersection/Mitigation 3 Exist Project Traffic Year 2020 Cost of Project's @ Year 2020 Future Imprvm't / Share of Traffic + Mitig. ImplMitig Project PHV PHV % 2 PHV (8) 32 aft Hwy & Stine Road - AM Pe~f,_ 4.7 Not analyzed beyond existing since project added 985 8 0.50% 1256 $0 $0 peak hour traffic is less than 40 (Existing LOS "C") Signal Warrants Satisfied: NONE 33 [afl Hwv & Stine Road - PM Peak 4.7 Not analyzed beyond existing since project added 944 22 1.38% 1183 $0 $0 peak hour traffic is less than 40 (Existing LOS "C") Signal Warrants Satisfied: NONE 34 Taft Hwv & Wible Road - PM Peak '~' 7 Not analyzed beyond existing since project added 1164 14 0.88% 1479 $0 $0 peak hour traffic is less than 30 (Existing LOS "D") Signal Warrants Satisfied: NONE PHV = Peak Hour Volume Not used 2 Project percenlage of future traffic is shown in this column regardless of mitigation requirements 3 Additional lanes required as shown are with reference to existing lanes al time of study survey. Since laneage configuralions may have changed since time of survey, intersection analysis printouts contained in the appendix should be referred to for actual total laneage configurations required for mitigation 4 Percentage share at this intersection is based on the project's contribution to the minimum threshold for signalization at this intersection (1280vph for 1 lane by 1 lane Approaches, 1440vph for 2 lane by 1 lane Approaches, and 1600vph for 2 lane by 2 lane Approaches) 5 Project created intersection. Developer shall be responsible for all improvement costs related to this intersection. 6 Costs for improvements are based on following estimates for specific improvements: Add through or left turn lane, paved w/transition (undeveloged area): $40,000 Add through or left turn lane, paved w/transition (devethped area): $80,000 Add right turn lane, paved: $10,000 Add any lane, sthping change only: $5,000 7 Improvements to this intersection are included in the Phase II Metropolitan Bakersfield Regional Transportation Impact Fee Program and therefore paid for by project's contribution to that fee program. Proiect's Pro-Rata Share Cost Summary Total Cost of Improvements Projects Pro-Rata Share Phase II - Transportation Impact Fee (See Table 10) $365,000 $5,233 $145,103 Total Traffic Impact Fees Per Square Foot Cost (97,030 sf) Per ADT Cost (4,340 ADT) $150,336 $1.55 $34.64 per sf per ADT June 2002 2037ts01.xls:Pro-Rata Share-Mitig Page t 6 0 U 8 > g LL O0