HomeMy WebLinkAboutRES NO 37-94 SOI VTION NO. 3 7 ' 9 4
A RESOLUTION OVERTURNING THE PLANNING
COMMISSION DECISION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND APPROVING SEGMENT VI
OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL
PLAN (LAND USE ELEMENT AMENDMENT 4-93).
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 13, 1993 and THURSDAY, SEPTEMBER 16, 1993, on Segment VI 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 twenty-one (21) calendar days before said hearing by
publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, such Segment VI of the proposed amendment to the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT VI:
CORNERSTONE ENGINEERING REPRESENTING
GARGANO AND 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, 5 to
7.26 dwelling units per net acre) to GC (General Commercial) on
12.1 acres.
and
WHEREAS, for the above-described Segment, an Initial Study was conducted, and
it was determined that the proposed project would not have a significant effect on the
environment, and a Negative Declaration with mitigation was prepared; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures have been duly followed by city staff and the Planning Commission; and
WHEREAS, by Resolution No. 56-73 on September 13 and 16, 1993, the Planning
Commission recommended denial of Segment VI with mitigation listed in Exhibit "A" and this
Council has fully considered the findings made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the developer stipulated to and recorded a deed restriction against
the property restricting all development until June 1996; 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, FEBRUARY 9, 1994, on the above described Segment VI 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 notices have been given.
been followed.
The provisions of the California Environmental Quality Act (CEQA) have
3. 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 Negative
Declaration with mitigation measures was advertised on August 18, 1993, and posted on July 27,
1993, in accordance with CEQA.
4. Upon completion of the residential both south and west of the site which
is primarily undeveloped, additional commercial acreage will be needed of a size adequate to
support a grocery store/drug store complex.
5. Removal of the GC designation on the 26-acre commercial site along
Wible Road to the south, in conjunction with the redesignation of this site to GC, reallocates
and consolidates commercial acreage in accordance with General Plan Policy #22 (Chapter 2 -
Land Use Element).
6. The intent of Policy #9 (Land Use Element) is to avoid strip commercial
development, this project reduces the overall commercial frontage along Wible Road and is
consistent with that policy.
7. Approval as conditioned will not interfere with other planned commercial
projects at this intersection.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
Bakersfield as follows:
I. The above recitals and findings, incorporated herein, are true and correct.
2. The Negative Declaration for Segment VI is hereby approved and adopted
with mitigation as shown in Exhibit "A".
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 Segment VI 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 "f!," attached hereto and incorporated as though fully set
forth, for property generally located at the southwest corner of Wible Road and Panama Lane
with mitigation measures in Exhibit "C."
5. That Segment VI, approved herein, be combined with other segments
described in separate resolutions, to form a single Land Use Element Amendment, GPA 4-93.
.......... 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
UAR 0 9 ~ by the following vote:
CITY CLERK and I~ Officio Clerk of the
Council of the City.' of Bakersfield
APPROVED MAR 0 9
BOB PRIC~/~¢~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
ACTING CITY ATTORNEY of the City of Bakersfield
ity Attome City of Bakersfield
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res\r493s6.cc
February 15, 1994
4
ORiGIt~AL
EXHIBIT "A"
General Plan Amendment 4-93, Segment VI
Zone Change No. 5494
Recommended Mitigation Measures
Plannine Department Conditions:
In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit fox
(a State and Federally-listed Endangered Species), the applicant must, prior to ground disturbance,
follow the Advisory Notice, detailing the Interim Mitigation Measures established for the
Metropolitan Bakersfield Habitat Conservation Plan. (Mitigation)
Prior to approval of land division or development proposal, an archaeological survey must be
completed. Any mitigation resulting from such report shall be implemented prior to recordation of
the land division map or development proposal approval. (Mitigation)
Obtain the rezoning of the 26-acre commercial area at the mid-block along Wible Road between
Berkshire Road and the Arvin-Edison Canal to residential.
Receive signed stipulation, that is recordable, that no development will occur on the site prior to June
1996.
Public Works Department Conditions:
NOTE: * indicates adjustments have been made on these items to account for the Regional Transportation
Impact Fee's contribution towards the item.
Upon further subdivision or development, the developer shall pay to the City fees for his
pLoportionate share of future traffic signals in the project area impacted from the potential increase
in trip generation between the proposed land use and the existing land use. The signals and the
developer's proportionate share are as follows:
*Panama Ln at Stine Rd $ 3,220.00 (2.3% of $140,000.00)
Panama Ln at Akers Rd $ 13,580.00
Wible Rd at Berkshire Rd $ 14,000.00
Akers Rd at Harris Rd $ 8,960.00
Wible Rd at Harris Rd $ 8,680.00
Wible Rd at Hosking Ave $ 11,340.00
*Panama Ln at SB 99 ramp $ 5,700.00
*Panama Ln at NB 99 ramp $ 5,740.00
$ 71,220.00
(9.7% of $140,000.00)
(10.0% of $140,000.00)
(6.4% of $140,000.00)
(6.2% of $140,000.00)
(8.1% of $140,000.00)
(3.8% of $150,000.00)
(4.1% of $140,000.00)
resulting from the widening:
Overcrossing Proicct proportionate share
*Panama Lane 5.0% of $1,800,000.00 = $ 90,000.00
Upon further subdivision or development, the developer shall pay to the City a fee for his
proportionate share of the cost of widening the following overcrossings along State Route 99. The
proportionate shares are based on a 30,000 average daily trip (ADT) capacity increase of the crossings
ORtG, 4AL
Exhibit "A"
GPA 4-93, Segment VI
ZC 5494
Page 2
With the first development within the project area, the developer/subdivider shall pay his
proportionate share of the widening of the Wible Road crossing of the Arvin-Edison Canal. The
proportionate share for the entire project is $19,040.00 (6.8% x $280,000.00 = $19,040.00).
The traffic study and resulting impacts identified in items 5., 6. and 7. above are based on projections
of commercial square footage and uses stated in the traffic study, while the land use proposed could
allow more commercial square footage and other commercial uses. The stated commercial square
footage is 159,000 square feet. This square footage results in a local traffic mitigation fee of $1.13
per square foot. Should an increase of more than 5% in the retail commercial square footage be
proposed for any specific project within the project area, then a review and possible revision to the
traffic study may be required. Otherwise, the above unit costs per commercial square foot shall be
maintained irregardless of the amount of commercial square footage that is finally created so that
proportionate local traffic mitigation will be achieved.
Offers of dedication wig be required to allow for the construction of the entire portion of Panama
Lane and Wible Road within the project area to arterial standards. Such offers shall include sufficient
widths for expanded intersections and additional areas for landscaping as directed by the City
Engineer. The offers of dedication, fully executed, shall be submitted to the City prior to
development or recordation of any subdivision map or certificate of compliance within the GPA area.
10.
With the first development within the project area, the west side (southbound) of Wible Road, a full
landscaped median island to provide left-turn lanes, and a minimum of one lane on the east side
(northbound) of Wible Road shall be constructed. The fees collected from the development on the
east side of Wible Road adjacent to this median construction may be paid to the developer by the City
for partial reimbursement of the median construction cost.
11.
With the first development within the project area, the south side (eastbound) of Panama Lane will
be constructed. At the time of development of the portion of the project fronting Panama Lane, a
full width landscaped median island shall be provided to restrict left-turn movements across Panama
Lane to specific locations approved by the City Engineer. The fees collected from the development
on the north side of Panama Lane adjacent to this median construction may be paid to the developer
by the City for partial reimbursement of the median construction cost.
12.
The applicant shall submit a comprehensive drainage study having boundaries of Panama Lane, Wible
Road, Akers Road, and the Arvin Edison Canal. The drainage study should include, but not
necessarily be limited to, drainage calculations, pipe sizes and locations, the drainage basin site and
size, and construction phasing. The applicant shall initiate proceedings to form a Planned Drainage
Area if necessary to facilitate construction of the drainage system.
The drainage study shall be submitted to and approved by the City Engineer and the required
drainage basin site and necessary easements deeded to the City prior to recording of any subdivision
map or certificate of compliance or submittal of any development plan within the project area.
13.
The applicant shall submit a comprehensive sewerage study of the entire project area. The sewerage
study should include, but not necessarily be limited to, sewerage calculations, pipe sizes and locations,
and proposed invert elevations.
The sewerage study shall be submitted to and approved by the City Engineer prior to recording of
any subdivision map or certificate of compliance or submittal of any development plan within the
project area. <. %~,!(£. ~,~
Exhibit "A"
GPA 4-93, Segment VI
ZC 5494
Page 3
14.
Wible Road and Panama Lane are future bikeways on the "Bikeway Master Plan" of the 20 i0 General
Plan. They shah be constructed as required by the 2010 General Plan for streets with bike lanes.
15.
Paved transitions approved by the City Engineer will be required where the construction on Wible
Road and Panama Lane meet existing pavement.
16.
At the time of further development or subdivision, the property owner(s) within the GPA area of any
areas not already within a maintenance district shah request to be annexed to an existing maintenance
district or request creation of a new maintenance district for their property.
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EXHIBIT B
GENERAL PLAN AMENDMENT
4-93, SEGMENT Vl
LR
T30S, R27E
ROCKFORD AVENUE
LR
ARVIN-EDISON C-.,4NAL
LR
LR
LR
79304