Loading...
HomeMy WebLinkAboutRES NO 139-13RESOLUTION NO. 139-- 13 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE CIRCULATION ELEMENT AND THE BIKEWAY MASTER PLAN MAP OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED ALONG COLLEGE AVENUE, GENERALLY WEST OF PARK DRIVE (GPA /ZC NO. 13- 0243). WHEREAS, McIntosh & Associates for Mt. Vernon Properties, LLC, filed an application with the City of Bakersfield Community Development Department requesting an amendment to the circulation element and Bikeway Master Plan map designation of the Metropolitan Bakersfield General Plan located along College Avenue, generally west of Park Drive (the "Project "); and WHEREAS, the Project is exempt from the requirements of the California Environmental Quality Act; and WHEREAS, the Planning Commission held a public hearing on September 5, 2013 and approved Resolution No. 42 -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 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, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, the Planning Commission's deliberation, and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 42 -13 are hereby adopted. 2. The Project is exempt from the requirements of California Environmental Quality Act. 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 Quarter 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-- - - - - -- Page 1 of 2 O�6AKF9� s v o ORIGINAL 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_1_6.2013 , by the following vote: AY S: ABSTAIN ABSENT: COUNCILMEMBERRIVERA, MAXWELL, WE5, SMITH, HAIN ISON, SULCIVAN, JOHNSON COUNCILMEMBER InChN COUNCILMEMBER t" fi COUNCILMEMBER .nAea.' OCT 1 2013 ROBERTA GAFFORD*fio CITY CLERK and Ex erk of t he Council of the City of Bakersfield MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Att r ey By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map By: DL \S: \GPAs \GPA 4th 2013 \13 -0243 (Cir Amend) \Reso \RES CC Resolution GPA example.doc Page 2 of 2 > m ►— r v � ORIGINAL Exhibit A Conditions of Approval > m t- r V � ORIGINAL Exhibit A Conditions of Approval General Plan Amendment No. 13 -0243 PLANNING Prior to recordation of the first final map for Vesting Tentative Tract Maps 6567 and 6568, subdividers) /developer(s) shall submit and obtain City approval of substantial conformance that depicts the approved alignments of College Avenue and Park Avenue, and how the streets and lots in these tentative tracts are adjusted to accommodate approved alignments. City Attorney 2. 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. DL:S: \GPAs \GPA 4th 2013 \13 -0243 (Cir Amend) \Exhibit A.docx R M v o ORIGINAL Exhibit B General Plan Amendment Location Map PKj 9q > m 1- r V O ORIGINAL 11 C w li s co &! 2, of Icq F2 0 C14 I1 A .�..� a /.� �y, M N N A-C � I! O N ~ 0) II M ............................... �i'a�aa ..... aC1 JNFN2iO ........... . N ao N Cm U �.,�■ f� LU Nn J lsb3 /lyay 5 1SWVN1 I- M !� Z W J m U .1rd1773aa3NS W 0 `V = U 0 Z VN g JQ a &' a uu _0 V p % as AM A1Nno3 L Z W �Z Q W Z2 O m W) F— H Ln Q W) JJ ---------------- - - - - -- J J CID W Z W1!a NVOIA1YS Na „0N31VA vM2"oI" DR U 1S 1N3l11. z NOOOOMN33VO w a1 IS391MONV1 0 LL aa31rE N ; IsO00M3903 U is mow a o 1NOw • IS 3 C $ , � S lYl 1tlY o o 1.�!Fg�d� V Q7 ORIGINAL