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Home My WebLink AboutRES NO 024-14RESOLUTION NO. 024- 14 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED BETWEEN HIGHWAY 178 AND HIGHLAND KNOLLS DRIVE, WEST OF MORNING DRIVE (GPA /ZC NO. 13- 0251). WHEREAS, McIntosh & Associates for Mt. Vernon Properties, 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 LR (Low Density Residential) and HMR (High Medium Density Residential) to GC (General Commercial) and OC (Office Commercial) on 56.66 acres located between Highway 178 and Highland Knolls Drive, west of Morning Drive (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. 55 -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 fora public hearing before the City Council to consider the approval of the amendmentas required by GovernmentCode 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. 55 -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 1 St amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2014 in accordance with Government Code Section 65358 (b). --------- 000 Page 1 of 2� r._ 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 2014 by the following vote: AYE S: BS T: COUNCILMEMBER RIVERA, MAXWELL, COUNCILMEMBER_ h COUNCILMEMBER COUNCILMEMBER eJ&CA,, APPROVED FEB 12 2014 SMITH, HANSON, SULLIVAN, JOHNSON LA"-�'4j� - ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HAn MAYOR of the City of Bakersfiel APPROVED as to form: VIRGINIA ENNARO City Att n y ANDREW HEGLUND Deputy City Attorn Exhibits: A Conditions of Approval B General Plan Amendment Map By: DL S: \GPAs \GPA 1st 2014\1 3-0251 \Res Ord\RES CC Resolution GPA 130251.doc Page 2 of 2 Exhibit A Conditions of Approval Exhibit A Conditions of Approval General Plan Amendment No. 13 -0251 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 Highland Knolls Drive Road to collector standards and Morning Drive to arterial 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. The development is within the Shalimar Planned drainage area, developer shall construct the required drainage improvements. As this area was not planned for commercial development, developer shall retain the additional drainage flows over and above the allocated amount. 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. Payment of the proportionate share of the cost of the median for the 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. Per Resolution 035 -13, the area within the GPA /ZC shall implement and comply with the "complete streets" policy. For orderly development c�` Page 1 of 3 Exhibit A Conditions of Approval GPA /ZC No. 13 -0251 5. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. Local Mitigation above RTIF: 6. Pay the proportionate share of the following intersection 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. 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: 1. SR 178 and Miramonte Dr., Add 1 NBL, 2.19% share 2. Highland Knolls Dr. and Kirkaldy Dr., Install Signal, add NBL, 26.26% share 3. Oswell St. and College Ave., Add 1 NBR, 1 SBR, 1.42% share 4. Fairfax Rd. and College Ave., Add 1 SBR, and revise signal phasing, 6.17% share S. Oswell St. and Niles St., Add 1 NBR and 1 SBR, 1.49% share 6. Fairfax Rd. and Niles St., Add 1 EBR, 1 NBR, and 1 SBR, 3.48% share 7. Morning Dr. and Niles St. /SR 184, Add 1 SBT, 1 SBR, and 1 EBR, 2.44% 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 7. Pay the proportionate share of the roadway segment 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 8. 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. For orderly development. 8. The project developer will be required to build the street improvements related to the project's frontage per City of Bakersfield ordinance including the project created intersections. In the course of constructing the project's frontage, if the project is required to construct improvements identified in the RTIF program current at time of development, then the developer will receive credits toward payment of their traffic impact fees commensurate with the cost of construction of those improvements identified as included in the RTIF program current at time of project development. For orderly development Regional Transportation Impact Fee: 9. 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. <t Page 2 of 3 Exhibit A Conditions of Approval GPA /ZC No. 13 -0251 Planning: 10. Upon approval of this GPA request by the City, the applicant /property owner (and successor owners) shall submit a letter to the Planning Director that relinquishes and voids all rights and entitlements to all previously approved tentative subdivisions (Tentative Tract Map # 6422 & 6423). For orderly development. City Attorney 11. 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 1st 2014 \13 - 0251 \Admin Staff Reports \Conditions Ex A.docx F,1 r Page 3 of 3 Exhibit B General Plan Amendment Location Map T— LO C\j C) Z W Z W Z —i rr W Z W C) -WAIR w x R cr U) �R- co W Go CM cr F- , �01 L�-Jl LLJ Go C,4 LL C'4 0 S2