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Home My WebLink AboutRES NO 196-14RESOLUTION NO. 19 6' 14 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED NORTH OF HIGHLAND KNOLLS DRIVE, EAST OF FAIRFAX ROAD (GPA /ZC NO. 14- 0222). WHEREAS, Ken Koss for Ken Koss and Tony Evans, 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) to HR (High Density Residential) on 7.28 acres located generally north of Highland Knolls Drive, east of Fairfax 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 September 18, 2014, and approved Resolution No. 51 -14, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, October 22, 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. 51 -14 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 4th amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2014 in accordance with Government Code Section 65358 (b) • O��AKFq� --- - - - - -- 000-- - - - - -- -I, i-- m Page 1 of 2 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 NOV 0 5 2014 b.y/the following vote: AY COUNCILMEMBERRIVERA, MAXWELL, WEIR , SMITH, SULLI AN, JOHNSON NOES: COUNCILMEMBER s4cy,,4_ A� L,�TAIN: COUNCILMEMBER BS COUNCILMEMBER (MA(' A"- 46� - ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 0 5 2014 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Att ey By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map By: CG \ S: \GPAs \GPA 4th 2014 \14 - 0222 \Reso - Ord \RES CC GPA 14- 0222.docx Page 2 of 2 g AKF9 9 k3 9 T ~ r U O ORIGINAL Exhibit A Conditions of Approval General Plan Amendment /Zone Change No. 14 -0222 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. This GPA /ZC area is within the Shalimar Drainage Area. The site is responsible for conveying upstream runoff through the GPA /ZC area. b. The additional runoff developed by the change from R -1 to R -3 shall be retained on site. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. c. Sewer service must be provided to the GPA /ZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and /or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. d. The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. 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. 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 Highland Knolls Drive Avenue is provided by a sub- standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 36 feet of paving meeting City design standards for a collector road, with 6' graded shoulders. If 4taKF becomes necessary to obtain any off site right of way and if the developer is unable�fo ','P F- m U O Page 1 of 2 ORIGINAL EXHIBIT A Conditions of Approval GPA /ZC No. 14 -0222 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. For orderly development. 5. Highland Knolls Drive is not constructed to ultimate width. With this project, developer shall be responsible for a portion of the improvements required for Highland Knolls Drive for the frontage. The percentage of the improvements will be determined with the submittal of the first final map. For orderly development. 6. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. Plannina 7. In order to facilitate a more integrated design, prior to recordation of a final map for Phase 2 of Tentative Tract Map 6499 the developer shall submit a Substantial Conformance Review application consolidating the currently approved 20 lots into one lot. Substantial Conformance Review application is subject to Planning Director (conditional) approval. For orderly development. 8. Development on the site shall be limited to a maximum of 168 multi - family dwelling units of senior housing ages 55 and older. 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 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. o��AK�9s CG: S: \GPAs \GPA 4th 2014\ 1 4-0222\Conditions Ex A.docx e` � m r v o Page 2 of 2 ORIGINAL, R4 E)NINHOVI O 0 0 cn cr D C) — — — — — — — — — — — — — — — — — — — — — — — — — - — — — — — — — — — — — — — — — — — — — — — — — -- — — — — — — — — — — — — — — — — — — — — OQ — — — — — — — — — — — — — — — — — — — co) z0 LU Ad• %9 Mom — — — — — -- — — — — — — — — — — — -j F- -------—— — ---—--—-----—---—---- ------—-—---- ——----- —-—---- — --—----- z cc mui cr Ir 1� �MVU NMI Idl IV — — — — - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - :F -------—- —--- x Cc UJ Z ELDER Cl Ir bONV31AWS 2l IN10d LY 1= I k cc LITTLER CT z �N . ir 2 cc 0 SITHimms 1,1 cc .1 Ir —1 3041N mocVHS < 10 311VS VI cc < ix cc 1.0 ItilkVld cc r .18ON I Lt cr ui cc z ui cc H31 0NV791 NO cc: .kvm 8100 IV.kc 0 i3M3IAISV]l Id NVIUVI cc "It C Id 4N _j C\j ADD E] lIV81133MS AlNnOa fl - C\j It ir cr C\j 75 ul 10 N310"'HIS cc 0 as cc co in 30CININI-1:1 ORIGINAL LU co gi C/) 0 Cf) 0 CD LL Cl) C\j OD C) (D C/) 0 0 cn cr D C) — — — — — — — — — — — — — — — — — — — — — — — — — - — — — — — — — — — — — — — — — — — — — — — — — -- — — — — — — — — — — — — — — — — — — — — OQ — — — — — — — — — — — — — — — — — — — co) z0 LU Ad• %9 Mom — — — — — -- — — — — — — — — — — — -j F- -------—— — ---—--—-----—---—---- ------—-—---- ——----- —-—---- — --—----- z cc mui cr Ir 1� �MVU NMI Idl IV — — — — - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - :F -------—- —--- x Cc UJ Z ELDER Cl Ir bONV31AWS 2l IN10d LY 1= I k cc LITTLER CT z �N . ir 2 cc 0 SITHimms 1,1 cc .1 Ir —1 3041N mocVHS < 10 311VS VI cc < ix cc 1.0 ItilkVld cc r .18ON I Lt cr ui cc z ui cc H31 0NV791 NO cc: .kvm 8100 IV.kc 0 i3M3IAISV]l Id NVIUVI cc "It C Id 4N _j C\j ADD E] lIV81133MS AlNnOa fl - C\j It ir cr C\j 75 ul 10 N310"'HIS cc 0 as cc co in 30CININI-1:1 ORIGINAL