HomeMy WebLinkAboutRES NO 189-94RESOLUTION NO. 1 8 9 - 9 4
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT
IX OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
2010 GENERAL PLAN (LAND USE ELEMENT
AMENDMENT 3-94).
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 12, 1994, and THURSDAY, SEPTEMBER 15, 1994,
on Segment IX 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 IX of the proposed amendment to the Land
Use Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT IX:
CORNERSTONE ENGINEERING representing Joe
Fambrough and Cecil Tackett has applied to amend the Land
Use Element of the Metropolitan Bakersfield 2010 General
Plan consisting of a change from LR (Low Density
Residential, less than or equal to 7.26 dwelling units per net
acre) to GC (General Commercial) on 6.27 -+ acres located
east of Wible Road north of Berkshire Road;
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. 51-94 on September 15, 1994, the Planning
Commission recommended approval and adoption of Segment IX subject to conditions
listed in Exhibit "IX" and this Council has fully considered the findings made by the
Planning Commission as set forth in that Resolution; and
OR.,:, ~
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 16, 1994, on the above described Segment IX 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 California Environmental Quality Act (CEQA)
have been followed.
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 and
posted on July 29, 1994, in accordance with CEQA.
4. The proposed GC (General Commercial) designation will meet the
minimum 5 acres required for all new commercial designations.
5. The proposal will not meet the land use policy to encourage a
separation of at least 1/2 mile between existing and new commercial designations,
however, the Council has determined that the redistribution of General Commercial
designated land along Wible Road between Panama Lane to Berkshire Road will benefit
the general area.
6. The public necessity and general welfare justify the change of
designation to GC (General Commercial).
7. The proposed GC designation would allow neighborhood
commercial land uses necessary to service the surrounding residential developments.
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.
2. The Negative Declaration for Segment IX is hereby approved and
adopted.
2
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 IX 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 "B," attached
hereto and incorporated as though fully set forth, for property generally located
northeast of Wible Road and Berkshire Road, subject to conditions of approval shown
on Exhibit "A".
5. That Segment IX, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 3-94.
......... o00 ........
3
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
#0¥ 1 $ ~ , by the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 1 6 ~
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY A~ITORNEY
Assistant City Attorney
MO:pjt
October 6, 1994
res~r394s9.cc
4
OR;GINAL
EXHIBIT "A"
General Plan Amendment 3-94, Segment IX
Zone Change No. 5585
Conditions of Approval
Plannine Deoartment:
Habitat Conservation fees for this project will be calculated based on the fee in effect at the time
payable to the Planning Department prior to issuance of an urban development permit (includes
grading plan approvals) as defined in the Implementation/ManagementAgreement (Section 2.21)
for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, applicant will
receive acknowledgement of compliance with Metropolitan Bakersfield Habitat Conservation Plan
(Implementation/ManagementAgreement Section 3.1.4).
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 approval.
Public Works Department:
Upon further subdivision or development, the developer shall pay to the City fees for his
proportionate 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 Akers Rd
*Panama Ln at SB SR 99
*Panama Ln at NB SR 99
Harris Rd at Wible Rd
Berkshire Rd at Wible Rd
Hosking Ave at Wible Rd
3,120.00
1,200.00
1,200.00
5,850.00
18,070.00
14,820.00
44,260.00
(2.4% of $130,000.00)
(0.8% of $150,000.00)
(0.8% of $150,000.00)
(4.5% of $130,000.00)
(13.9% of $130,000.00)
(11.4% of $130,000.00)
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 road segments:
Road Segment Project %
*Wible Rd crossing of A-E Canal 2.8%
*Panama Ln overcrossing of SR 99 0.8%
Total Cost Project Cost
$ 320,000.00 $ 8,960.00
$1,800,000.00 $14,400.00
TOTAL $23,360.00
The traffic study and resulting impacts identified in items 3. and 4. above are based on a
commercial square footage of 66,000 square feet (as stated in the traffic study), while the land use
proposed could allow more or less commercial square footage. The fee per commercial square
foot is $1.02 Should an increase of more than 5% in the commercial square footage be proposed
for any specific project within the GPA area, then a review and possible revision to the traffic
study shall be required at the time of site plan review. Otherwise, the fee of $1.02 per commercial
square foot will be maintained even if the commercial square footage that is finally created is less
than, or no more than 5% greater than that proposed so that proportionate local traffic mitigation
will be achieved.
Exhibit "A"
GPA 3-94, Segment IX
Zone Change #5585
Page 2
10.
11.
12.
At the time of further development or subdivision, the property owner(s) within the GPA area not
already within a maintenance district shall request to be annexed to an existing maintenance
district or request creation of a new maintenance district for their property.
Municipal sewer service to each development, lot, or parcel shall be provided upon further
subdivision or development of the property. Prior to submitting any tentative subdivision maps or
development plans, a proposal and sewer study for providing that municipal service shall be
submitted to and approved by the City Engineer. This study may be required to include areas
outside of the GPA area.
Offers of dedication will be required to allow for the construction of the entire portion within the
project area of Wible Road 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.
The applicant shall submit a comprehensive drainage study that shall include the entire GPA area
and may include areas outside of the GPA area. 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(s).
The drainage study shall be submitted to and approved by the City Engineer and any 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.
Wible Road shall be constructed as required by the 2010 General Plan for arterial streets with
bike lanes. Because of the bike lanes, additional dedication may be required at the intersection of
Wible Road and Berkshire Road for the installation of traffic signal facilities.
Paved transitions approved by the City Engineer will be required where new street construction on
Wible Road and Berkshire Road meet existing pavement.
With the first development within the project area, the east side (northbound) of Wible Road
shall be constructed. Construction shall include a full-width landscaped median island to restrict
left-turn movements across Wible Road to specific locations approved by the City Engineer, and a
minimum of one lane on the west side of Wible Road (southbound). Fees collected for this
median construction from development on the west side of Wible Road may be available to the
developer of the GPA area by the City as partial reimbursement of the median construction cost
upon completion of this median by the GPA area developer.
NOTE: * indicates adjustments have been made on these items to account for the Regional
Transportation Impact Fee's contribution towards the item.
p:394s9.ea
O,
EXHIBIT B
GENERAL PLAN AMENDMENT
3-94, SEGMENT IX
~ANAMA ~.ANE
26 25 V
GC
LR
GC
LMR
ARV~N--EDI$ON,.-,-~ANAL
T30S, R27E
8F_RKSHIRE
LR
L~
ROAD
?g406