HomeMy WebLinkAboutRES NO 011-15RESOLUTION NO. 0 11 - 15
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN
AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED AT THE
NORTHWEST CORNER OF STOCKDALE HIGHWAY AND HEATH
ROAD. (GPA /ZC NO. 14- 0329).
WHEREAS, Rosedale Land & Development, Inc. /Brian Batey, representing
Gregory & Catherine Hillier, 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 RR (Rural Residential) to GC (General
Commercial) on 11.30 acres located at the northwest corner of Stockdale Highway and
Heath 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 4, 2014,
and approved Resolution No. 61 -14, which recommended that the City Council
approve the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, January 21, 2015 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 -14 are
hereby adopted.
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 10 amendment to
the Land Use Element of the Metropolitan Bakersfield General Plan for
calendar year 2015 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 JAN 2 1 2015
by the following vote:
✓ ✓ ✓ Vol ✓ ✓
YE . COUNCILMEMBER: RIVERA, MAXWELL, WEIR, HANSON, SULLIVAN, PARLIER
NOES: COUNCILMEMBER: 09)N
C�FBSS I COUNCILMEMBER: 5 W-
A COUNCILMEMBER:
Aeiv
ROBERTA GAFFORD, CAW
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JAN 2 1 2015 60 a
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attor y
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Conditions of Approval
B General Plan Amendment Map
BY: DL \S: \GPAs \GPA 1 st 2015\ 1 4-0329\Res Ord \RES CC Resol 14- 0329.docx
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Exhibit A
Conditions of Approval
General Plan Amendment No. 14 -0329
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 Heath Road to arterial standards for the full
frontage of the area within the GPA /ZC 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.
If a tentative subdivision map over the entire GPA /ZC area is submitted, dedication
can be provided with the map.
b. 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; this sump
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 and is to be privately maintained. The study shall be approved and any
required retention site and necessary easements dedicated to the City.
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.
Sewer service to this GPA /ZC area is restricted. The City has prepared a
downstream sewer study and has determined that an expansion of the trunk line
going to Wastewater Treatment Plant #3 will be required to provide capacity for
this development and others. This development will be responsible for its pro -rata
share of any improvements required to increase sewer line capacity. The
developer shall aid in the formation of a Planned Sewer Area, (PSA).
d. Developer is responsible for the construction of all infrastructure, both public and
private, within and adjacent to 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.
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, application for a lot line adjustment or parcel map
waiver for any portion of this GPA /ZC 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.
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Conditions of Approval
GPA /ZC No. 14 -0329
3. Payment of the proportionate share of the cost of the median for the arterial frontage,
Stockdale Highway and Heath Road, 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.
5. The development is required to pay into the adopted Regional Traffic Impact Fee fixed
rate program.
For orderly development.
6. Local Mitigation
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 Tables
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:
a. Allen Rd & Brimhall Rd, Restripe EBR to Shared EBT /EBR, 1 WBT (striping only), 1 SBT,
1.51 % share
b. Wegis Rd & Stockdale Hwy, Install Signal, 5.9%
c. Allen Rd & Stockdale Hwy, Add 1 EBR, 4.46% share
Notes: NB - north bound, SB - south bound, W B - west bound, EB - east bound
L - Left turn lane, T - Through lane, R - Right turn lane
For orderly development.
7. Regional Transportation Impact Fee
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.
Planning
8. Development on the site shall be limited to a maximum of 100,000 square feet of floor
area.
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
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Conditions of Approval
GPA /ZC No. 14 -0329
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 2015 \14 - 0329 \Conditions Ex A.docx
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