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Home My WebLink AboutRES NO 134-15RESOLUTION NO. 3.4-19 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED AT THE SOUTHEAST CORNER OF PANAMA LANE AND GOSFORD ROAD (GPA /ZC NO. 15- 0252). WHEREAS, McIntosh & Associates for Panama Lane Properties, 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 GC (General Commercial) on 9.62 acres located at the southeast corner of Panama Lane and Gosford 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 17, 2015, and approved Resolution No. 34 -15, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, October 14, 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 Govemment 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. 34 -15 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 3'd amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2013 in accordance with Government Code Section 65358 (b). - - - - -- -000 -- oFeAK, 9q T � m Page 1 of 2 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on OCT 1 ( 7015 , by the following vote: ® ✓ ✓ ✓ / ✓ ✓ ✓ COUNCILMEMBER: RIVERA, MAXWELL. WEIR, SMITH, NANSON, SUWVAN, PARLIER NOES: COUNCIIMEMBER: wxtip ABSTAIN: COUNCILMEMBER:_Sh^° ABSENT: COUNCIIMEMBER: t`d` ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED OCT 14 1015 HARVEY L. HALL MAYOR of the City of Bakersfie APPROVED as to form: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map By: DL\S: \GPAS \GPA 31h 2075\75 -0252 \Res Ord \CC Res GPA W252.do oOgAKF9 mT Page 2 of 2 m U O OHIGINAI, Exhibit A Conditions of Approval General Plan Amendment No. 15 -0252 Public Works: I. 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 Panama Lane and Gosford Road Road(s) 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. b. This GPA /ZC area is too small to support its 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 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. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning; include mitigation measures if necessary. 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 all infrastructure will be addressed at the subdivision map stage. The developer is also responsible for the removal of any obstructions in the existing or proposed right -of -way. For orderly development. 2. Developer shall update the Consolidated 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 area is required prior to recordation of any map or approval of any improvement plan for the GPA /ZC area; if construction of the median is required with further development, the median fees will not be due for the constructed portion of the median. For orderly development. 4. Per Resolution 035-13, the area within the GPA /ZC shall implement and comply with the "complete sheets" policy. For orderly development. 5. Local Mitigation Pay the proportionate share of mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) in the list of mitigation measures from the traffic study in Table 6 and Tables 8, as well as Table A.1 from the addendum to the original traffic study. An updated estimate, based upon current costs, and fee schedule shall be developed by the applicant and approved by the Traffic Engineer prior to recordation of a map or issuance of a building permit. For orderly development. a40AKF9s � T m Page 1 of 2 ORIGINAL Conditions of Approval GPA /ZC 15-0252 Page 2 6. RReaional Transportation Impact Fee Prior to the issuance of building permits, The project applicant shall participate in the RTIF program by paying the adopted commercial fees in place for the land use types at time of development. For orderly development. Plannina: 7. Upon approval of GPA /ZC 15-0252, the subdivider/ applicant shall complete a Lot Line Adjustment or other subdivision action to adjust The parcel lines within The project site to match the C -2 zoning. The Lot Line Adjustment or other subdivision action can be submitted in conjunction with an application for Site Plan Review or a Planned Development Review (PD) Plan approval. For orderly development. City Attorney: 8. 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. DLS: \GPAs \GPA 3ih 2015\75-0252 \Conditions 15 -0252.do Page 2 of 2 o eAK% u o ORIGINAL ! | e� _ x . � ; 0 ! | _ x . � ; 8 � GOSFORD e z . ; ,.,_., �.- �1 ...............�..�.•., - §EE[) \n§ sAm |§2 \ )/ q � ! « �