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).
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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
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Exhibit A
Conditions of Approval
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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
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Exhibit B
General Plan Amendment Location Map
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