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HomeMy WebLinkAboutORD NO 4222ORDINANCE NO. ~ ~ ~ ~ AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-35 BY CHANGING THE ZONING FROM A (AGRICULTURE) TO C-2 (REGIONAL COMMERCIAL) ZONE ON 15 ACRES LOCATED AT THE SOUTHEAST CORNER OF McKEE ROAD AND STINE ROAD. (ZC 04-0879) (VVard 6). 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 by Wayne Deifel, for Three Gills Inc. to change the land use zoning of those certain property in the City of Bakersfield located at the southeast comer of McKee Road and Stine Road; and WHEREAS, by Resolution No. 135-04 on September 23, 2004, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve C-2 (Regional Commemial) zone as delineated on attached map marked Exhibit "B", 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 A (Agriculture) to C-2 (Regional Commercial) 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, the Planning Commission and this Council; and WHEREAS, a Negative Declaration for the proposal was advertised and posted on August 13, 2004, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct and constitute the findings of the Planning Commission in this matter. 2. All required notices have been given. 3. The provisions of the California Environmental Quality Act (CEQA) 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 Negative Declaration was prepared and sent to responsible agencies and property owners within 300 feet of the project site. A Negative Declaration was prepared for this project in accordance with CEQA. The public necessity, general welfare and good zoning practice justify the recommended change of zone to C-2 (Regional Commercial) zone on 15 acres located at the southeast comer of McKee Road and Sfine Road. ORtGINA? The project site, with prior approval of General Plan Amendment No. 04-0879, is designated GC (General Commercial) on the Metropolitan Bakersfield General Plan Land Use Plan. The recommended zone change will reflect the previously adopted General Plan Amendment No. 04-0879. 8. The recommended zone change is compatible with the surrounding uses. 9. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 04-0879. 10. That the applicant by pdor agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration for this project. 11. That Zone Change No. 04-0879 is hereby approved as recommended by staff with mitigation measures adopted in the Negative Declaration. 12. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be amended by changing the land use zoning to C-2 (Regional Commercial) zone on 15 acres on Map No. 123-35, of that certain property being annexed to the City of Bakersfield as described in Exhibit "C" herein attached. 13. That Zone Change No. 04-0879, as outlined above, is hereby recommended for approval with mitigation and conditions of approval shown on Exhibit "A", subject to pdor approval of General Plan Amendment No. 04-0479. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted. 3. 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 the City, the boundaries of which property is shown on the map marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached E~ibit "C". Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", and subject to prior approval of General Plan Amendment No. 04-0879. 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. -~oOe 2 ORIGINAl I HEREBY CERTIFY that the foregoing Ordinance was pas,~e_d an~d_adopted by the Council of the City of Bakersfield at a regular meeting thereof held onNOVUV ], ? 2004 , by the following vote: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGOtO COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV i ? ;~004 APPROVED as to form: VIRGINIA GENNARO City Attomey a Attachments: Exhibit A - Conditions of Approval Exhibit B - Map Exhibit C - Legal Description MO:djl S:\GPA 3rd 2004\04-0879~Resolufions~ozc-cc.doc 3 ORIGINAl_ EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 04-0878 The commercial development on the GPA site shall not permit fast-food service and/or catTy out of alcoholic sales. (High School Condition). Prior to any ground disturbance activities related to this project, a qualified professional archaeologist shall conduct a field survey of the entire project parcel. (Mitigation Measure). The developer shall pay the Regional Transportation Impact Fee in accordance with the City Public Works Department. (Mitigation Measure). Intersection and street improvements which are needed by the year 2024 to maintain or improve the operational level of service of the street system in the vicinity of the project are shown in Table 1 below. The table also identifies which improvements are not covered by the Regional Transportation Impact Fee (RTIF) program and the project's percent share for the cost of all non-RTIF (local mitigation) improvements. The developer shall pay the proportionate share for the local mitigation improvements identified in Table 1. (Mitigation Measure). Table 1 Future Improvements and Local Mitigation # Intersection Total Improvements Local Mitigation Project % Share for Required by 2024 (Improvements not Local Mitigation covered by RTIF) 1 Stine Rd & Install Signal- 1 EBL, 1 EBL, 1 WBL 4.99% Berkshire Rd 1 WBL, 1 NBL, 1 SBL (8.22%) 3 Stine Rd & Install Signal - 1 EBL, 9.05% Hosking Ave 1 WBL, 1 NBL, 1 SBL (13.57%) 6 Stine Rd & Install Signal - 1 EBL, 1 EBL, 1 WBL 32.85% McKee Rd 1 WBL, 1 NBL, 1 SBL (41.82%) 8 Wible Rd & Install Signal - 1 EBL, 6.78% McKee Rd 1 WBL~ 1 NBL, 1 SBL (14%) 9 Golden Gate Dr & Install Signal - 1 EBL, 1 NBL, 1 SBL 3.21% SR 119 (Taft hwy) I WBL, I NBL~ I SBL (3.21%) 10 Stine Rd & Install Signal- 1 NBL, 1 NBL 7.22% SR 119 (Taft Hwy) 1 SBL (14.86%) 11 Akers Rd & Install Signal- 1 EBL, 1 NBL, 1 SBL 1.24% SR 119 (Taft Hwy) 1 WBL, 1 NBL, 1 SBL (2.09%) (%) Caltrans pement sharo calculation method. NB = Northbound SB = Southbound WB = Westbound EB = Eastbound L = Left-Turn Lane T = Through Lane R = Right-Turn Lane The RTIF street improvements located within the study area for the project are presented in Table 7 of the Traffic Study for the General Plan Amendment and Zone Change by Ruettgers & Schuler, the table also identifies the project's responsibility for contribution to ORIGINAL Exhibit A Conditions of Approval GPA/ZC 04-0879 Page 2 each improvement and the total RTIF fee calculation. The total RTIF fee for the project is $1,149,196.80, which the developer of the project shall be responsible for payment. (Mitigation Measure). If human remains are discovered or identified on the project site at any time or dudng site disturbance, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which detail the appropriate actions necessary for addressing the find) and the local Native Amedcan community shall be notified immediately. (Mitigation Measure). Prior to approval of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Stine Road to artedal standards and McKee Road to collector standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Submit a drainage study for review and approval. All storm drainage is to be retained on site, unless otherwise approved by the City Engineer. c. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. (Public Works Condition). 10. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination or whether a right tum lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. (Public Works Condition). The entire area covered by the General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. (Public Works Condition). A Traffic Study was prepared for this project by Ruettgers-Shuler, Civil Engineers and was reviewed by the City Engineer. Based upon the study for the center which generates 7,728 daily tdps the following mitigation measures would be appropriate: ORiGINAl Exhibit A Conditions of Approval GPA/ZC 04-0879 Page 3 A. Local Mitiqation: i. Pay the proportionate share of the following mitigation measures as indicated in Table 7 of the traffic study: ii. Berkshire Road at Stine Road - add east and west bound left rum lanes, 8.22% project share. iii. McKee Road at Stine Road - add east and west bound left turn lanes, 41,82% project share. iv. Golden Gate Drive at SR 119 - add north and south bound left turn lanes, 3.21% project share. v. Stine Road at SR 119- add north bound left turn lane, 14.86% project share. vi. Akers Road at SR 119 - add north and south bound left turn lanes, 2.09% project share. vii. Prior to development or recordation of any subdivision the project engineer shall prepare, and have approved, an estimate and fee schedule for these local mitigation items. (Public Works Condition). B. Reqional Transportation Impact Fee: The study provided an analysis of the project share of the impact fee at $1,149,196.80 ($148.71 per daily tdp = $9.42 per square foot). Applicant shall be required to pay the computed project fee of $148.71 per daily tdp ($9.42 per square foot) for the retail commercial shopping center. (Public Works Condition). MO:alii S:\GPA 3rd 2004\04-0879V~drnin SR'~EXHtBIT A Condi~ons of app.doc ORIGtNAi. 0 z~: <~x EXHIBIT C Legal Description LOT 24 IN SECTION 35, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MD.M., KERN COUNTY, CALIFORNIA, ACCORDING TO "SALES MAP NO. 1 OF LANDS OF J. B. HAGGIN" FILED IN THE OFFICE OF THE KERN COUNTY RECORDER ON MAY 3, 1889. EXCEPTING THEREFROM THE SOUTH 330 FEET THEREOF. CONTAINING 14.99 ACRES, MORE OR LESS. DE'I.MAI:ri'ER AND DEIFEL ORK~INA[ ' AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 18th day of November, 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4222, passed by the 17th dayof November, 2004 and Bakersfield City Council at a meeting held on the entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO 123-35 BY CHANGING THE ZONING FROM A (AGRICULTURE) TO C-2 (REGIONAL COMMERCIAL) ZONE ON 15 ACRES LOCATED AT THE SOUTHEAST CORNER OF MCKEE ROAD AND STINE ROAD. (ZC 04- 0879) (Ward 6). /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY ~ity Clerk ORiGINAt.