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HomeMy WebLinkAboutRES NO 290-04RESOLUTION NO. ~ 9 0 ~, 0 4 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 04-0879 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE SOUTHEAST CORNER OF McKEE ROAD AND STINE ROAD. (VVard 6). 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, 2004, and THURSDAY, September 23, 2004, on Case No. 04-0879 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 (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such General Plan Amendment No. 04-0879 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-0879: Wayne Deifel representing Three Gills Inc. applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from SR (Suburban Residential)to GC (General Commercial) on 15 acres. The project site is located at the southeast corner of McKee Road and Stine Road; 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 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 Bakersfietd's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 134-04 on September 23, 2004, the Planning Commission recommended approval and adoption of General Plan Amendment No. 04-0879 subject to conditions and mitigation listed in Exhibit "A" and this Councit 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 previsions of Section 65355 of the Government Code, conducted and held a public headng on WEDNESDAY, November 3, 2004, on the above described General Plan Amendment No. 04-0879 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 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: The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. 04-0879 is hereby recommended for approval. The General Plan Amendment 04-0879 is hereby approved to GC (General Commercial) on 15 acres as requested by the applicant and recommended by staff, with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. As to General Plan Amendment 04-0879 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from SR (Suburban Residential) to GC (General Commercial) on 15 acres, as requested by the applicant and shown on attached map in Exhibit "B", located at the southeast corner of McKee Road and Stine Road, the Planning Commission hereby recommends adoption of such Land Use Element Amendment of the Metropolitan Bakersfield General Plan, subject to mitigation and conditions of approval shown on Exhibit "A", and recommend same to City Council. 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 Negative Declaration for General Plan Amendment No. 04-0879 is hereby approved and adopted. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted bythe 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 No. 04- 0879 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 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 at the southeast corner of McKee Road and Stine Road, subject to conditions of approval shown on Exhibit "A". That Case No. 04-0879, approved herein, be combined with other approved cases described in separate approved herein, be combined with other approved cases in this general plan amendment cycle described in separate resolutions, to form a single Amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. ......... o0o ........ 2 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 NOV 0 3 ~.004 , by the following vote: COUNCILMEMBER COUCH, CA~O MAGGARD, HANSON, SULLIVANi SALVAGGIO N, BENHAM, NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER PAMELA A. McCARTHY,(~C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney Attached: Exhibit A - Conditions of Approval B - Map MO:djl S:\GPA 3rd 2004\04-0879\Resolutions~res,gpa_cc.doc 3 ORIGINAL EXHIBIT A Conditions of Approval General Plan AmendmentJZone Change No. 04-087g The commercial development on the GPA site shall not permit fast-food service and/or carry 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, I SBL 3.21% SR 119 (Taft hwy) I WBL, 1 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, I NBL, I SBL (2.09%) (%) Caltrans percent sham calculation method. NB = Northbound SB = Southbound WB = Westbound EB = Eastbound L = Left-Tum 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 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). Pdor 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 artedal 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 Distdct 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 GPNZC 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 tum 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. Re.qional 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 trip = $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). 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