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Home My WebLink AboutRES NO 049-15RESOLUTION NO. Q 4 9 — 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 SOUTH FAIRFAX ROAD AND EAST WILSON ROAD. (GPA /ZC NO. 14- 0444). WHEREAS, McIntosh & Associates representing Fairfax Holdings, LLP, 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 17.37 acres located at the northwest corner of South Fairfax Road and East Wilson Road (the "Project "); and WHEREAS, the City Council adopted a Mitigated Negative Declaration with mitigation measures for the Project; and WHEREAS, the Planning Commission held a public hearing on March 5, 2015, and approved Resolution No. 09 -15, which recommended that the City Council deny the Project; and WHEREAS, an appeal of the Planning Commission's decision to recommend denial of the Project was submitted by McIntosh & Associates, the applicant, on March 12, 2015; and WHEREAS, the Clerk of the City Council set Wednesday, May 6, 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, Mitigated Negative Declaration and the Planning Commission's deliberation, and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The recitals above are incorporated herein by this reference. 2. The City Council hereby grants the applicant's appeal. 3. The Project is subject to mitigation measures found within the adopted Mitigated Negative Declaration for the Project. 4. 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. 5. The Project approved herein is hereby made part of the 2nd amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2015 in accordance with Government Code Section 65358 (b). � Page 1 of 2 o��AK�9.n s � r 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 MAY 0 6 2015 by the following vote: AY COUNCILMEMBER: OES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: MAY 0 6 2015 ✓ ✓ ✓ ✓ ✓ ✓ ✓ RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Atto y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map dl \S: \GPAs \GPA 2nd 2015\ 14 -0444 \Res Ord \New folder \CC Res GPA APPROVE _ 14- 0444.docx Page 2 of 2 >- m v � ORIGINAI Exhibit A Conditions of Approval General Plan Amendment No. 14 -0444 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 South Fairfax Road 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. If a tentative subdivision map over the entire GPA /ZC area is submitted, dedication can be provided with the map. b. This GPA /ZC area is too small to support it's own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPA /ZC area must be included within the drainage area of adjoining property. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. The study shall show the development's proportionate share of the necessary ultimate storm drainage facilities. The developer shall participate in the development of a Planned Drainage Area, or shall provide some other method for the construction of the ultimate facilities satisfactory to the City Engineer. Any required retention site and necessary easements shall be 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 than 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. 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 for all infrastructure will be addressed at the subdivision map stage. For orderly development. 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, then 0AKF9� � m v o Page 1 of 3 OHIOINAL Exhibit A Conditions of Approval GPA No. 14 -0444 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. 2. 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. 3. Per Resolution 035 -13, the area within the GPA /ZC shall implement and comply with the "Complete Streets" policy. For orderly development. 4. 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 Tables 6 of the traffic study. An estimate and fee schedule should 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. Brundage Ln & Fairfax Rd, Add 1 EBL, 1 EBT, 1 WBL, 1 WBT, 1 NBL, 1 SBT, 2.70% share b. Fairfax Rd & E. Wilson Rd, Add 1 NBT, 1 SBT, 9.89% share For orderly development 5. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development 6. Prior to development of the site, the developer /applicant shall provide to the City Traffic Engineer a level of service study (delay counts) at the intersection of Redbank Road and Fairfax Road for traffic signal warrants. For orderly development California Department of Transportation Condition 7. Prior to any development on the site, the developer /applicant shall prepare a Traffic Impact Study and CalTrans shall approve the Study. Also, the Scope of the Traffic Study shall be approved by CalTrans prior to commencement of the Study. For orderly development 8. Development of the site shall be limited to a maximum of 288 dwelling units. For orderly development City Attorney Condition 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 IQ ®AK4g9 Page 2 of 3 > m �= o U ORIGINAL Exhibit A Conditions of Approval GPA No. 14 -0444 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 2nd 2015\ 1 4-0444\Conditions Ex A 4_10_15.docx Page 3 of 3 zQ g oLU oo is WUJ W�Z �pp� q�Egjbg E}$qE Qty M �F $ (7 ir�nw U a d'�r�a °�r� �nx i U:7Cnxy �tU94v� Wa O V Ix h= A _ A M m 0 i 0 2 7 m= a a a O O O� N�� N CO � 1 w 1 1 uj, � j 1 1 1_ _ ___.1S b31000 --- - — --- v 1S x31000 J V70H - - O U N LPL D J W U. 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