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HomeMy WebLinkAboutORD NO 4102ORDINANCE NO. 4 ]. 0 2 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-26) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE-FAMILY DWELLING) TO C-2/PCD (REGIONAL COMMERCIAL/ PLANNED COMMERCIAL DEVELOPMENT) COMBINING ZONE ON 8.92 ACRES GENERALLYLOCATED ALONG THE SOUTHEAST CORNER OF STINE ROAD AND PANAMA LANE (FILE # P01-0756) WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located along the southeast corner of Stine Road and Panama Lane; and WHEREAS, by Resolution No. 128-02 on October 3, 2002, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change P01-0756 as delineated on attached Zoning Map No. 123-26 marked Exhibit "2", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from R-1 to C-2/PCD combining zone and the Council has considered said findings and all appear to be true and correct; 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, Planning Commission and this Council; and WHEREAS, a Mitigated Negative Declaration was advertised and posted on August 28, 2002, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows LR (Low Density Residential), HMR (High Medium Density Residential) and GC (General Commercial) development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. That the above recitals, incorporated herein, are true and correct. The Mitigated Negative Declaration is hereby approved. 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. 5. 6. 7. 8. 9. Mitigation was incorporated into the project to reduce impacts (Exhibit "1"). The proposed project is consistent with the surrounding land uses. The proposed project is consistent with thb Metropolitan Bakersfield 2010 General Plan. A traffic study was required for the project and mitigation measures were recommended to alleviate traffic impacts. The public necessity justifies the amendment to Zoning Map No. 123-26 (Exhibit "2") incorporated within. 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. NOW, follows: 1. 2. 3. SECTION 1. THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as All of the foregoing recitals are hereby found to be true and correct. The Negative Declaration is hereby approved and adopted. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map. No. 123-26 marked Exhibit "2" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "3 ". Such zone change is hereby made subject to the Mitigation Measures/Conditions of Approval listed ~n attached Exh'b't "1 ", subject to approval of GPA P01-0756. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. 2 ..... o0o - the I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by Council of ~,¢~¢ City of Bakersfield at a regular meeting thereof held on DEC 1 1 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER ~ PAMELA A. McCARTHY, CM~ CiTY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED DEC 1 1 ZOOZ VICE MAYOI~ DAVID COUCH APPROVED as to form BART J. THILT/G)EN City Attorn~// By: ) S:~Dole\P01-0756\CC OZC,DOC EXHIBIT "1" MITIGATION NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE 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 sham 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 shati 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' MITI ,.A [ Table 6: lntersection lmprovements/Mitig, Pro-Rata Shsre - GPAtZC ~ Pename ~ne , )ed Intersection/Mitigation :~ Exist Project Traffic Year 2020 Cost of Project's @ Year 2020 Future Imprvm°t I Share of Traffic + Mitig. Im plMitig Project PHV PHV %2 PHV (8) Not analyzed beyond existing since project added 5016 10 0.17% 6020 $0 $0 peak hour traffic is less than 40 (Existing LOS "C") 2 White Lane & Ashe Road Not analyzed beyond existing since project added 4922 18 0.31% 5783 $0 $0 peak hour traffic is less than 30 (Existing LOS "D") 2020: Add EL, WL to maintain existing LOS "E" 6061 26 0.36% 7234 $160,000 $575 2020 + Proj: No additional mitigation required due to addition of project traffic 4 White Lane & Wible Road Not analyzed beyond existing since project added 5659 12 0.17% 6963 $0 $0 peak hour traffic is less than 30 (Existing LOS "D') 5 6iosford Road & Pacheco Road 7 Not analyzed beyond existing since project added 1570 17 0,71% 2390 $0 $0 peak hour traffic is less than 50 (Existing LOS "B") Signal Warrants Satisfied: NONE 6 Stine Road & Pacheco Road Not analyzed beyond existing since project added 2857 35 0.97% 3591 $0 $0 peak hour traffic is less than 50 (Existing LOS "B") 7 Wible Road & Pacheco Road Not analyzed beyond existing since project added 3825 10 0.20% 4961 $0 S0 peak hour traffic is less than 20 (Existing LOS "E") 8 Gosford Road & Harris Road 7 Existing; No improvements required, Existing LOS "C" Signal Warrants Satisfied: 1.2, & 11 Not analyzed beyond existing since prolect added 1551 29 1 51% 1919 S0 SO peak hour traffic is less than 40 (Existing LOS 9 Ashe Road & Herds Road Existing: LOS "F" Signal Warrants Satisfied: 1, 2, & 11 2020: Provide Traffic Signal for LOS "D' 1758 32 1.15% 2791 $120,000 $1,376 2020 + Proj: No mitigation required due to addition of project traffic 2020: No improvements required for Future 2020 traffic increases 2020 56 2.32% 2409 $0 $0 2020 + Proj: No mitigation required due to addition of project traffic Not analyzed beyond existing since project added 1931 12 0.44% 2701 $0 $0 peak hour traffic is less than 40 (Existing LOS "C') Ju~e 2002 2037ts01.xls:Pro-Rata Share-Miflg EXHIBIT'1' MITIGATION /.~ne -'/ne ~o~d Table 6: Intersection Improveme~t;*'""~#ml/Pio.Rata Sha~e- GPA/ZC Q Panama Intersection/Mitigation ~ Exist Project Traffic Year 2020 Cost of Project's ~Year2020 Future Imprvm't ! Share of Traffic + Mitig. ImplMItig Project PHV PHV % 2 PHV (8) 12 Panama Lane & Old River Road 4. ? Existing: No improvements required. Existing LOS "B" Signal Warrants Satisfied: NONE Not analyzed beyond existing since project added 416 8 0.63% 760 $0 $0 peak hour traffic is less than 50 (Existing LOS 13 ~anama Lane & Gosford Road 7 Existing: No improvements required, Existing LOS "C" Signal Warrants Satisfied: 1 & 11 2020: Provide Traffic Signal ? 1250 46 2.39% 1927 07 $0 Signal Warrants Satisfied: 1,2, & 11 2020 + Proj: No additiooal mitigation required due to addition of project traffic 14 > · , Existing Signal Wan'ants Satisfied: NONE 2020: No improvements required to maintain existing Service levels 990 83 3.61% 1747 07 $0 Signal Warrants Satisfied: 2 & 11 2020 + Proj: No mitigation required to maintain existing service levels Signal Warrants Satisfied: 2 & 11 15 'nnnma Lane & Ashe Road ~ Existing: LOS "F" Signal Warrants Satisfied: 2, 0, & 11 2020: No improvements required to maintain existing LOS "F" 1512 104 3.61% 2880 07 $0 2020 + Proj: No mitigation required due to addition of project traffic 16 Panama Lane & Stine Road 7 2020: No improvements required for Future 2020 traffic increases 2136 341 9.01% 3785 2020 + Proj: Add NR $10,000 $901 17 Panama Lane & Akers Road 2020: Add WL & WR 2112 137 3.94% 3474 $50,000 $1,972 2020 + Proj: No additioaa[ mitigation required due to addition of project traffic ~18 ~ 2020: Add EL. ET. WL, WT. & ST to maintain existing LOS 'D" 3542 102 1.64% 6232 $25,000 $409 2020 + Proj: No additional mitigation required due to addition of project traffic 19 Panama Lane & SB 99 Rem~s 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") 20 Panama Lane & SB 99 Ramos 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 Panama Lane & NB 99 Ramos 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 3ananna Lane & NB ~9 I:~mos PM Peak 2020: No Improvements required for Futars 2020 traffic incrsases 2466 52 1.32% 3953 $0 $0 2020 + ProJ: No mlflga~,3a required due to addi~m of project traffic June 2002 2037ts01.xts:Pro-Rata Share-M/rig ~ Page ~14 .~ ! :~ !l,; ~ EXHIBIT'1' MITIGATION nt.) Table 6: Intersection Improvement~lt~'~etlon/Pro-Rata Share - GPA/ZC ~ Panama Lane lee Roa¢~ Intersection/Mitigation 3 Exist Project Traffic Year 2020 Cost of Project's @ Year 2020 Future Imprvm't / Share of Traffic + Mitig. Imp/Mitig Project PHV PHV % 2 PHV (8) 23 Panama Lane & South "H" Street Not analyzed beyond existing since project added 2201 31 0.86% 3597 $0 0 peak hour traffic is less than 40 (Exisling LOS "C") 24 Panama Lane & Union Avenue 7 Not analyzed beyond existing since projecl added 1676 10 0.40% 2515 $0 $0 peak hour traffic is less than 40 (Existing LOS "C") 25 Stine Road & Berkshire 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 since project added 859 10 0.49% 2045 $0 $0 peak hour traffic is less than 40 (Existing LOS 'C") 25 Gosford Road & McCutchen Road 4.7 Existing Signal Warrants Satisfied: NONE 441 5 0.39% 698 $0 $0 Not analyzed beyond existing since project added peak hour traffic is less than 50 (Existing LOS 26 Stine Road & Hoskine Avenue 4, ? 2020: No improvements required for LOS 'C" 709 43 3.36% 1101 $0 $0 Signal Warrants Satisfied: 1, 2 & 11 (with existing laneage) 2020 + Proj: No mitigation required for LOS "C" 27 Wible Road & Hos_kj_na Avenue 7 Existing Signal Warrants Satisfied: 1 (with existing laneage) 933 16 1.00% 1593 $0 $0 Not analyzed beyond existing since project added peak hour traffic is less than 50 (Existin9 LOS "B"} 28 Stine Road &_~M¢_K¢¢j~O~_47 Existing Signal Warrants Satisfied: NONE 275 31 2.42% 437 $0 $0 Not analyzed beyond existing since project added peak hour traffic is less than 50 (Existing LOS 'A") 29 Wible Road & McKee Road 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 Taft Hwv & Ashe Road - AM Peak 4. ? 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 Hwv & Ashe Road - PM Peak 4.7 Not analyzed beyond existing since project added 979 10 0.78% 1225 $0 $0 peak hour traffic is less than 40 (Existing LOS "C") Signal Warrants Satisfied: NONE June 2002 2037ts01.xls:prc-Rata Share-Mitig Page FXHIBIT "1' MITIGATION (Cont..) Table 6: Intersection ImprovementM~M'i~t#on/Pm-Rata Share. GPAfZC Q Panama Lane & .e~e i~oao Inter~..~(ion/Mitlgation = Exist , ,aJect Traffic Year 2020: Cost of Project's @ Year 2020 Future Imprvm't I Share of Traffic + Mitig. ImplMitig Project PHV PHV %2 PHV (8) 32 Taft Hwv & Stthe Road - AM Peak 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 T~ff 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 Wan'ants Satisfied: NONE 34 Taft Hwv & Wible Read - PM Peak 4,7 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 Safisfied: NONE PHV = Peak Hour Volume Not used Project percentage of future traffic is shown in this column regardless of miUgation requirements. Additional lanes required as shown are with reference to existing lanes at time of study survey. Since laneage configurations 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. 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 I lane Approaches, 1440vph for 2 lane by 1 lane Approaches, and 1600vph for 2 lane by 2 lane Approaches). Project created intersection. Developer shall be responsible for ail improvement costs related to this intersection. Costs for improvements are based on following estimates for specific improvements: Add through or left turn lane, paved w/transition (undeveloped area): $40,000 Add through or left turn lane, paved w/transition (developed area): $80,000 Add dght turn lane, paved: $10,000 Add any lane, sthping change only: $5,000 thlprovereents 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. Project's Pro-Rata Share Cost Summary Total Cost of Improvements Projects Pro-Rata Share Phase II - Transportation Impact Fee (See Table 10) $365,000 Total Traffic Impact Fees $5,233 $145,103 $150,336 Per Square Foot Cost (97,030 sf) Per ADT Cost (4,340 AD'F) $I .55 per sf $34.64 per ADT June 2002 20371s01.x~s:Pro-Rata Share-MitJg Page 16 ~ oooo ooo oooo oo oo oooooo ooo ]~ ~ ~> A~oa oooo ooo o~oo oooooooooo oooi~ o o ~3 ~ o~oo ooo oooo oooooo~_oo ooo~_~i~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 ~:~ oooo o~o o~oo ~ oo ~ ooo ~ 0 ~o ...... ~0 0~o O0 ~ 9~YY~P 09? ~ ~ ~< z ORIGII~AL EXHIBIT "3" ZONE CHANGE LEGAL DESCRIPTION PROPOSED C-2 ZONE (FROM R-l) ALL THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MD.M, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26 AS MARKED BY A KERN COUNTY SURVEYOR'S CONCRETE MONUMENT AS SHOWN ON PARCEL MAP NO. 7653 FILED JULY 1, 1985 IN PARCEL MAP BOOK 32 AT PAGE 49 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE S.00°34'22"W. ALONG THE WEST LINE OF SAID SECTION 26, ALSO BEING THE CENTERLINE OF STINE ROAD, A DISTANCE OF 658.87 FEET; THENCE DEPARTING SAiD WEST LINE, S.89°08'29"E., 55.92 FEET TO THE POINT OF BEGINNING; THENCE N.01°26'27"E., 269.18 FEET; THENCE N.05°20'11"E., 120.42 FEET; THENCE N.00°34'22"E., 179.51 FEET; THENCE N.45°42'43"E., 42.53 FEET; THENCE S.89°08'56"E., 289.56 FEET; THENCE N.89°58'59"E., 322.26 FEET TO THE WEST BOUNDARY OF TRACT NO. 4930-UNIT A AS FILED NOVEMBER 11, 1986 IN MAP BOOK 35 AT PAGES 119 AND 120 IN THE OFFICE OF THE KERN COUN~ RECORDER; THENCE S.00°34'55"W. ALONG SAID WEST BOUNDARY, A DISTANCE OF 603.84 FEET TO THE SOUTH LINE OF SAID NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE N.89°08'29"W. ALONG SAID SOUTH LINE A DISTANCE 655.94 FEET TO THE POINT OF BEGINNING. CONTAINING 8.92 ACRES. 2002-037\LEGALS\C2ZONE.DOC~JFK~AUG. 14, 2002 LAND SURVEYING · CIVIL ENGINEERING PLANNING · LANDSCAPE ARCHITECTURE 661-834-4814 · Fax 834-0972 2001 Wheelan Court- Bakersfield, CA 93309