HomeMy WebLinkAboutRES NO 135-13RESOLUTION NO. 135-13
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN
AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE
METROPOLITAN BAKERSFIELDGENERAL PLAN LOCATED ALONG THE
NORTH SIDE OF TAFT HIGHWAY APPROXIMATELY 900 FEET WEST OF
WIBLE ROAD. (GPA /ZC NO. 130125).
WHEREAS, Smith Tech USA for Wible Investors II, 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 OC (Office
Commercial) to HR (High Density Residential) on 5.89 acres located along the north side of
Taft Highway approximately 900 feet west of Wible Road(the "Project "), and
WHEREAS, the City Council adopted a Negative Declaration with mitigation measures
for the Project; and
WHEREAS, the Planning Commission held a public hearing on Thursday, September 5,
2013, and approved Resolution No. 35 -13, which recommended that the City Council
approve the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, October 16, 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 considerthe 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, 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. 35 -13 are
hereby adopted.
2. The Project is subject to mitigation measures found within the adopted Negative
Declaration for the Project.
3. 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.
4. The Project approved herein is hereby made part of the 4th amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan for calendar year
2013 in accordance with Government Code Section 65358 (b).
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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 held on OCT 16 2013
by the following vote:
✓ ✓ ✓
COUNCILMEMBERRIVERA, MAXWELL, WEIR, HANSON, SULLI AN, JO NH SON
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ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Irk of the
Council of the City of Bakersfield
APPROVED OCT 16 2013
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City A ney
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Conditions of Approval
B General Plan Amendment Map
By: CG \ S: \GPAs \GPA 4th 2013\ 1 3-0125\Reso Ord\RES CC Resolution GPA 130125.doc
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Exhibit A
Conditions of Approval
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Exhibit A
Conditions of Approval
General Plan Amendment No. 13 -0125
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 (If a tentative subdivision map over the entire GPA /ZC area is submitted, than these
conditions can be met with the map):
a. Provide fully executed dedication for Taft Highway to expressway 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 document.
b. This GPA /ZC area is subject to the requirements of Council Policy Resolution 063 -12. A
30 -foot landscaped parkway behind the back of curb shall be installed. No direct
access to Taft Highway will be allowed until the General Commercial site at the corner
of Wible Road and Taft Highway constructs the required auxiliary lane to Strawhouse
Trail Road.
c. This GPA /ZC area is part of an approved comprehensive drainage study for Tracts
6152 and 5947. However, the site was included with a zone of R -1, not R -3. The
drainage study must be revised to include this area as an R -3 zone, and any required
changes to the design of the storm drain system, including upsizing any of the storm
drains or increasing the capacity of the sump, shall be the responsibility of this
development.
d. Sewer service must be provided to the GPA /ZC area. 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. Also, submit
calculations showing that the existing sewer lift station at Hodo near Rawhide in Tract
6152 will have sufficient capacity for the GPA /ZC area. Any required changes to the
design of the sewer system or lift station, including upsizing any of the sewer lines or
increasing the capacity of the lift station, shall be the responsibility of this
development.
e. 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 for all infrastructure will be addressed at the subdivision map stage or site
plan review.
For orderly development.
2. Payment of the proportionate share of the cost of the median for the expressway
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.
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Mitigation Measures & Conditions of Approval
GPA /ZC No. 13 -0125
3. The Taft Highway crossing of the Stillson Ditch branch of the Kern Island Branch 1 canal
and the Hirchfield Ditch need widening. Developer shall pay their proportionate share of
the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the
widening of the crossings.
For orderly development.
4. The development is required to pay into the adopted Regional Traffic Impact Fee fixed
rate program.
For orderly development.
Planning
5. Prior to any grading activities and approval of grading permit, the developer will provide
an evaluation of the entire project site that determines if storage mixing, rinsing and
disposal of pesticides may have occurred and whether contamination exists. The results
of any testing should be evaluated to determine if concentrations present in the soils will
be protective of residents and workers on the project site. If contamination is found, prior
to grading, the developer shall provide a letter from the City of Bakersfield Fire
Department (Prevention Services) that states any contamination has been remediated.
For public health and safety.
City Attorney
6. 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.
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 4th 2013 \13 - 0125 \Conditions Ex A.docx
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Exhibit B
General Plan Amendment Map
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