HomeMy WebLinkAboutRES NO 022-14RESOLUTION NO 0 2 2. 14
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN
AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED SOUTH OF
SEVENTH STANDARD ROAD, BETWEEN THE FUTURE ALLEN ROAD AND
FUTURE JEWETTA AVENUE. (GPA /ZC NO. 13- 0323).
WHEREAS, McIntosh & Associates for Urban Land Advisors, 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 LMR (Low Medium Density Residential) and SR (Suburban Residential) to LR (Low
Density Residential) on 130.30 acres located south of Seventh Standard Road, between
the future Allen Road and future Jewetta Avenue (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 December 5, 2013,
and approved Resolution No. 61 -13, which recommended that the City Council approve
the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, February 12, 2014 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, Negative Declaration and 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. 61 -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 first amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan for calendar
year 2014 in accordance with Government Code Section 65358 (b).
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HEREBY CERTIFY that the foregoing Resolution was passed and ado ted by the
Council of the City of Bakersfield at a regular meeting held on FEB 12 2FI14
by the following vote:
A
OES:
ABSTAIN
ABSENT:
V 401' COUNCILMEMBERRIVERA, MAXWELL, WEIR, SMITH, HA SON, SULLIVAN, VAN, JOH SON
COUNCILMEMBER Apr4
COUNCILMEMBER YINOrg
COUNCILMEMBER_
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED FEB 12 2014
MAYOR of the City of Bakers
APPROVED as to form:
VIRGINIA GENNARO
City AttoAy , I
MI.
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Conditions of Approval
B General Plan Amendment Map
By: CG \ S: \GPAs \GPA 1st 2014 \13 - 0323 \Reso - Ord \RES CC Resolution GPA 13- 0323.docx
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Exhibit A
Conditions of Approval
Exhibit A
Conditions of Approval
General Plan Amendment /Zone Change No. 13 -0323
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 Etchart Road, Old Farm (Shane) 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.
b. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than 2 sump /sumps may be utilized to serve this area; these sumps
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.
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.
d. 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 maintenance 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. Per Resolution 035 -13, the area within the GPA /ZC shall implement and comply with the
"complete streets" policy.
For orderly development.
4. Access to the project area from Etchart Road and Old Farm Road is provided by sub-
standard roads. With the development of the project area, approved, improved access
to the site must be provided. The required improvements shall be 36 feet of pavin &' ''`"
meeting City design standards for a collector road, with 6' graded shoulders. 1(� it
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EXHIBIT A
Conditions of Approval
GPA /ZC No. 13 -0323
becomes necessary to obtain any off site right of way and if the developer is unable to
obtain the required right of way, then he shall pay to the City the up -front costs for
eminent domain proceedings and enter into an agreement and post security for the
purchase and improvement of said right of way. Construct Old Farm Road (Shane) from
Snow Road or from Seventh Standard Road to the GPA area. Construct Etchart Road to
the site from Allen Road.
For orderly development.
5. The Etchart Road crossing of the Calloway Canal needs to be constructed. Developer
shall construct the canal crossing and shall aid in the formation of a Major Bridge and
Thoroughfare District for reimbursement.
For orderly development.
6. The development is required to pay into the adopted Regional Traffic Impact Fee fixed
rate program.
For orderly development.
7. 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 Table 6
and Table 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. Zerker Rd. and Seventh Standard Rd., Add 1 SBL, and 1 SBT, 1.13% share
b. Old Farm Rd. and Seventh Standard Rd., Install Signal, 4.59% share
c. Allen Rd. and Olive Dr., Add 1 SBR, 2.21 % share
d. Seventh Standard Rd.: Golden State Hwy. - Quinn Rd., Add 1 Lane, 1.46% share
e. Allen Rd.: Snow Rd. - Olive Dr., Add 2 Lanes, 5.66% share
f. Calloway Dr.: Snow Rd. - Norris Rd., Add 2 Lanes, 7.97%
g. Snow Rd.: Allen Rd. - Calloway Dr., Add 1 Lane, Median Stripe, 8.90% 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. Prior to the issuance of building permits, the project applicant shall participate in the RTIF
program by paying the adopted commercial and residential unit fees in place for the
various land use types at time of development.
For orderly development.
City Attorney
9. 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 qlf " "�f
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EXHIBIT A
Conditions of Approval
GPA /ZC No. 13 -0323
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.
Added at Planning Commission Hearing
10. The applicant shall:
a. Notify the mineral owner(s) of any and all development plans including sewer plans,
grading plans etc., approved for the project area and evidence shall be submitted to
the City Community Development Department; proof of notification shall be provided
via return receipt from US Postal Service.
b. Notify the mineral owner(s) of any and all tract /parcel maps submitted to the City
Community Development Department. The tract /parcel maps shall show the existing
locations of petroleum pipelines, wells and all attendant facilities within the project
area, pursuant to 15.66.080 of the Bakersfield Municipal Code. Specifically for
tentative maps, the information shown shall be pursuant to Bakersfield Municipal
Code 16.16.030.
c. Provide a written or graphical plan to the City Community Development Department
during the early stages of the development process that demonstrates how all existing
petroleum related facilities will be protected and integrated into the proposed
development including location of new pipeline corridors pursuant to Bakersfield
Municipal Code 15.66.080.
For orderly development.
CG: S: \GPAs \GPA 1st 2014 \13 - 0323 \Conditions Ex A.docx
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Exhibit B
General Plan Amendment Map
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