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Home My WebLink AboutRES NO 108-13103 -13 RESOLUTION NO. RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED AT THE SOUTHEASTCORNER OF SEVENTH STANDARD ROAD AND CALLOWAY DRIVE (GPA /ZC NO. 13- 0136). WHEREAS, McIntosh & Associatesfor Kern Land Partners, LLC, filed an application with the City of Bakersfield Community Development Department requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from SR (Suburban Residential) and ER (Estate Residential) to LR (Low Density Residential) on 77 acres located at the southeast corner of Seventh Standard Road and Calloway Drive (the "Project "); and WHEREAS, the City Council has adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the Planning Commission held a public hearing on Thursday, June 6, 2013, and approved Resolution No. 25 -13, which recommended that the City Councilapprove the Project; and WHEREAS, an appeal of the Planning Commission's decision to approve the Project was submitted byClayton Camp, neighboring resident and WHEREAS, the Clerk of the City Council set Wednesday, July 17, 2013 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, the public hearing was continued to the City Council meeting set Wednesday, August 14, 2013 at 5:15 p.m. in the Council Chambers of City HaO and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, Negative Declaration and the Planning Commission's deliberation, and action. NOW, THEREFORE, BE IT RESOLVEDby the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 25 -13 are hereby adopted. 2. The Project is subject to mitigation measures foundin the adopted Negative Declaration for the Project. 3. The appeal is hereby denied. Page 1 of 2 o``gAKF9� U r O ORIGINAL. 4. The Project is hereby approved subject to the conditions of approval in Exhibit A and located on the map as shown in Exhibit B, both of which are incorporated herein. 5. The Project approved herein is hereby made part of the third amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2013 in accordance with Government Code Section 65358 (b). --- - - - - -- 000-- - - - - -- HEREBY CERTIFY that the foregoing Resolution was passed and 1 4 ZODted by the Council of the City of Bakersfield at a regular meeting held on by the following vote: AY OES: ABSENT:• , \/- J ✓ ✓ V- ✓ COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON COUNCILMEMBER COUNCILMEMBER Z COUNCILMEMBER yme,6CA (- - ", -4 iw� J ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 1 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City At ey By: ANDREW HEGLUND Deputy City Attorney Exhibits: A - Conditions of Approval B - General Plan Amendment Map By: CG \ S: \GPAs \GPA 3rd 2013\13- 0136 \ResOrd \RES CC Resolution GPA 13.0136.doc Page 2 of 2 o��AK�9T U � ORIGINAL Exhibit A Conditions of Approval > m 1- r V O ORIGINAL Exhibit A Conditions of Approval General Plan Amendment No. 13 -0136 Public Works 1. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. Provide fully executed dedication for Seventh Standard Road to expressway standards, Calloway Drive to arterial and Quail Creek Road to collector standards for the full frontage 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. If a tentative subdivision map over the entire GPA /ZC area is submitted, dedication can be provided with the map. b. Provide a Specific Plan Line for Quail Creek Road between Seventh Standard Road and Tract 5909. c. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than one sump may be utilized to serve this area; this sump should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPA /ZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. d. The GPA /ZC area is within the service area of the North of the River Sanitary District No. 1. Sewer service must conform to the NORSD's adopted sewer study and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right of way shall require a City of Bakersfield Open Street Permit and be per the City of Bakersfield adopted standard. e. The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City. f. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA /ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. For orderly development. 2. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated 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. If the parcel is already within a consolidated maintenoaS nceF s N' m Page 1 of 4 o ORIGINAL EXHIBIT A Mitigation Measures & Conditions, of Approval GPA /ZC No. 13 -0136 district, the owner shall update the maintenance district documents, including the Proposition 218 ballot and the Covenant. The ballot and covenant shall be signed and notarized. For orderly development. 3. Payment of the proportionate share of the cost of the median for the expressway and arterial frontage of the property within the GPA /ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA /ZC area. For orderly development. 4. The GPA /ZC area is to comply with City Council Resolution 035 -13 regarding the development of "Complete Streets ". For orderly development. 5. Seventh Standard Road is to be constructed as an expressway per Resolution No. 112- 07. No direct access will be allowed from Seventh Standard Road to the GPA /ZC area. Provide waiver of direct access along the frontage of Seventh Standard Road within the GPA /ZC area. For orderly development. 6. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. 7. Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in list of mitigation measures from the traffic study in Tables 6 and 7. An updated estimate, based upon current costs, and fee schedule shall be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares from the study as follows: a. Verdugo Ln. and 7th Standard Road, Install Signal, 1.24% share b. Calloway Dr. and 7th Standard Road, Add 2 SBT, 1.03% share c. Coffee Rd. and 7th Standard Road, Add 1 SBL, 3.3% share d. Golden State Hwy. and 7th Standard Road, Add 1 WBR, and SBL, 2.12% share Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound L - Left turn lane, T - Through lane, R - Right turn lane For orderly development. 8. In addition to the GPA /ZC frontage improvements, the Developer will be required to complete the road improvements to Arterial Standards along the east half of Calloway Drive from the centerline of Etchart Road to the south boundary of the GPA /ZC area (adjacent to Tract 5222), including the relocation of the utility lines located within this area. Once this right -of -way is annexed into the City, the developer will be given OAKF 9 Page 2 of 4 Q� N� v b ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 13 -0136 credit for constructing the three northbound lanes, toward the Traffic Impact Fee (for Calloway Drive & Gap Projects line items from the Regional Transportation Facilities List, along the east half of Calloway Drive from the centerline of Etchart Road to the south boundary of the GPA /ZC area, adjacent to Tract 5222) for the subdivision within the GPA /ZC area. The Developer shall enter into a Reimbursement Agreement with the City of Bakersfield for median island improvements (median curb, stamped concrete, landscaping) constructed along Calloway Drive from the centerline of Etchart Road to the south boundary of the GPA /ZC area (adjacent to Tract 5222). Developer will be responsible for all costs associated to the relocation of the utility lines within this area. For orderly development. Planning 9. Any lots abutting the southern boundary of the project site shall have a minimum lot size of 22,000 square feet. For orderly development. 10. Any lots abutting the southern boundary of the project site shall have a minimum lot depth of 150 feet. For orderly development. 11. No drainage basin shall be located within 150 feet of the southern boundary of the project site. For orderly development. City Attorney 12. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and /or property owner and /or subdivider ( "Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ( "City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. Page 3 of 4 o11 s V O ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 13 -0136 The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. CG: S: \GPAs \GPA 3rd 2013 \13 - 0136 \Conditions Ex A rev.docx Page 4 of 4 o``gAKF9� T ~' r v o ORIGINAL Exhibit B General Plan Amendment Map p�0AKF9`r -t v ` ORIGINP M T I M T Z W Z W G Z Q J CL J Q W Z W CD w o' U 'F9 so m r ORIGINAL