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Home My WebLink AboutRES NO 013-15RESOLUTION NO. 0 13 " 5 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED ALONG THE SOUTH SIDE OF COLLEGE AVENUE, APPROXIMATELY 200 FEET EAST OF VALENCIA DRIVE (GPA /ZC NO. 14- 0338). WHEREAS, JB Consulting Services, LLC, representing 13 Bakersfield, 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) to HMR (High Medium Density Residential) on 13.15 acres located along the south side of College Avenue, approximately 200 feet east of Valencia 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 4, 2014, and approved Resolution No. 64 -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. 64 -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 l st amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2015 in accordance with Government Code Section 65358 (b). --- - - - - -- 000-- - - - - -- o� g A KF9� s 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 IAN 2 12015 , by the following vote: 9 ✓ ✓ ✓ ✓ ✓ ✓- ./ A $J COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER NOES: COUNCILMEMBER: p/ Rya ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ROBERTA GAFFORD,IdMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN Z- 2015 .00P '00 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: a" 0 ANDREW HEGLUN Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map By: DL\ S: \GPAs \GPA 1st 2015 \14 - 0338 \Res Ord \CC GPA Res 14- 0338.docx �gAKF9 Page 2 of 2 � m r v o ORIGINAL Exhibit A Conditions of Approval General Plan Amendment No. 14 -0338 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 College Avenue 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. 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 of the entire drainage area, to be reviewed and approved by the City Engineer. The developer shall comply with the requirements of the Pioneer Planned Drainage Area. Any required retention site and necessary easements shall be dedicated to the City. c. Sewer service must be provided to the GPA /ZC area. Said area lies within the East Niles Community Services District (ENCSD). The developer shall be responsible for designing and coordinating the design and construction of the proposed sewer facilities with ENCSD. 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 of all infrastructure will be addressed at the subdivision map stage. For orderly development 2. The entire area covered by this General Plan Amendment is included in the 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. Developer shall pay their proportionate share of the cost of the "Morning" Major Bridge and Thoroughfare District. For orderly development Page 1 of 2 O��AKk9q dIII v URIGINAL. Conditions of Approval GPA /ZC No. 14 -0338 5. 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 6. Upon approval of GPA /ZC 14 -0338, the approval and all entitlements related to Vesting Tentative Tract Map 7006 become void, and a final map for Tract 7006 may not record. Prior to development, a new tentative subdivision map may be required under BMC Title 16, Subdivisions. For orderly development City Attorney 7. 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. 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