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 ........
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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
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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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EXHIBIT B
Map
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