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Home My WebLink AboutRES NO 026-14RESOLUTION NO. 026- 1 4 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED ON THE SOUTH SIDE OF REINA ROAD, BETWEEN SANTA FE WAY AND RENFRO ROAD (GPA /ZC NO. 13-0292). WHEREAS, Pinnacle Civil Engineering, Inc. for Crystal Farms, 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 R -IA (Resource - Intensive Agriculture) to LMR (Low Medium Density Residential) on 41.40 acres located on the south side of Reina Road, between Santa Fe Way and Renfro 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 December 5, 2013, and approved Resolution No. 58 -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 RESOLVEDby the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 58 -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 Pion for calendaryear 2014 in accordance with Government Code Section 65358 (b). --------- 000 Page 1 of 2 r 1ti Pa HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on FEB 12 2014 by the following vote: NQES: AB ABSENT: APPROVED 61-**' COUNCILMEMBER RIVERA, XW A, MAELL, WEIR, COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER bltXV._ FEB 12 2014 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City At r ey By: ANDREW HEGLUND Deputy City Attorney HA SI ON, SULVL"IVAN, JOHNSON ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Exhibits: A Conditions of Approval B General Plan Amendment Map By: DL\ S: \GPAs \GPA 1st 2014\13- 0292 \Res Ord \RES CC Resolution GPA 130292.doc ti_ Page 2 of 2 Exhibit A Conditions of Approval Exhibit A Conditions of Approval General Plan Amendment /Zone Change No. 13 -0292 Public Works 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 Renfro Road and Santa Fe Way to arterial standards and Reina 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. Provide the offsite dedication for the continuation of Reina Road at the intersection of Renfro Road. If the developer /subdivider cannot obtain the right of way, then they shall post the required upfront costs for eminent domain proceedings and enter into an agreement with the City and pay all costs for obtaining the right of way. c. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than one sump 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. d. The GPA /ZC area is within the North of the River Sanitary District No. 1. Sewer service in this area must conform to the NORDS's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right of way shall require an Open Street Permit and be per the City of Bakersfield. 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 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 approv9I�,K,.r of any improvement plan for the GPA /ZC area. For orderly development. ~_ Page 1 of 2 Exhibit A Conditions of Approval GPA /ZC 13 -0292 4. Per Resolution 035 -13, the area within the GPA /ZC shall implement and comply with the "complete streets" policy. For orderly development. 5. The applicant /developer /subdivider shall vacate any remaining portions of Reina Road, within and adjacent to the GPA /ZC area, no longer being used as road right of way due to the realignment of Reina Road per the Metropolitan Bakersfield General Plan Circulation Element. For orderly development. 6. The applicant /developer /subdivider shall be responsible for all the cost of culvert /bridge widening within the GPA /ZC area and half of those, crossing the GPA area boundary. A Bridge and Major Thoroughfare District may be established as directed by the City Engineer. For orderly development. 7. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. Planning 8. In the event a previously undocumented well is uncovered or discovered on the project site, the developer is responsible to contact the Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR). The developer is responsible for any remedial operations on the well required by DOGGR. Developer shall also be subject to provisions of BMC Section 15.66.080 (B.) For public health and safety. 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 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. r,NK DL \S: \GPAs \GPA 1st 2014 \13 - 0292 \Admin SR \Conditions Ex A.docx Page 2 of 2 Exhibit B General Plan Amendment Location Map C\I CF) C\j C) I CIO Z ui Z ui Z CL ui Z ui (D i lam wa GOOMMAM J L. 5 LU 'CaD'i: rn (7) Cli cr