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Home My WebLink AboutRES NO 012-16RESOLUTION NO. 0 12— 16 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED ON THE SOUTH SIDE OF PANAMA LANE, GENERALLY BETWEEN STATE ROUTE 99 AND WIBLE ROAD. (GPA /ZC NO.15 -0392) WHEREAS, McIntosh & Associates for Marshall E. Helm Corporation, 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 13 acres located on the south side of Panama Lane, generally between State Route 99 and Wible 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 3, 2015, and approved Resolution No. 56 -15 which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, February 10, 2016 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. 56 -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 10 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 N m Page 1 of 2 o ,INAL 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 'AN 7 n MIG , by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ ✓ AYE : COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARUER COUNCILMEMBER' ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: Tyand, dy &A ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN 101016 HARVEY L. HALL MAYOR of the City of Bakersfiel APPROVED as to form: VIRGINIA GENNARO City Attor ey By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map By: DL \S: \GPAs \GPA Isf 2016 \150392 \Res Ord \CC GPA 150392.do x Page 2 of 2 6 ORIGR:AL Exhibit A Conditions of Approval General Plan Amendment No. 15 -0392 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 a. Provide fully executed dedication for Panama Lane to expanded arterial /arterial intersection standards within the GPA request. Dedications shall include sufficient widths for additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. 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 it may be available to serve adjacent areas as they develop. Until such time the sump within the GPA /ZC area is to be private and privately maintained. c. 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. d. Developer is responsible for the construction of all infrastructures, 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. 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. Payment of the proportionate share of the cost of the median for the arterial frontage for Panama Lane and Wible 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. b. 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. „6 For orderly development. � as o Page 1 of 2 ORIGINAL Conditions of Approval GPA /ZC 150392 Page 2 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 and 8. 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. Panama Ln & Wible Rd, Add 1 WBR, 2.29% share b. Panama Ln & SR99 Southbound Ramp, Add 1 EBT, 8.36% c. Panama Ln & South H St, Add 1 WBR, 3.75% (Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound, L - Left turn lane, T - Through lane, R - Right turn lane( For orderly development. City Aflomev: 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. 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