HomeMy WebLinkAboutRES NO 014-16RESOLUTION NO.0 14 — 16
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING
AN AMENDMENT TO THE LAND USE MAP DESIGNATION AND
CIRCULATION ELEMENT MAP OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN LOCATED AT NORTHWEST
CORNER OF SOUTH H STREET AND HOSKING AVENUE, WITH
STATE ROUTE 99 TO THE WEST AND BERKSHIRE ROAD TO THE
NORTH. (GPA /ZC NO. 13- 0417).
WHEREAS, Dmohowski Consulting Services for 4J's & R, 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), LMR (Low Medium Density Residential) and HMR
(High Medium Density Residential) to GC (General Commercial) on 86.2 acres; and
change the Circulation Element Map to delete the southerly extension of Colony Street
from Berkshire Road to South H Street as a Collector segment located at the northwest
corner of South H Street and Hosking Avenue, with State Route 99 to the west and
Berkshire Road to the north (the "Project "); and
WHEREAS, the City Council certified the Environmental Impact Report with
mitigation measures prepared for the Project; and
WHEREAS, the Planning Commission held a public hearing on Thursday,
November 5, 2015, and approved Resolution No. 47 -15, which recommended that the
City Council approve the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, December 9, 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 proposed Project as required by Government Code Section 65353, and
notice of the public hearing was given in the manner provided in Title 17 of the
Bakersfield Municipal Code; and
WHEREAS, the public hearing was continued to the City Council meeting set
Wednesday, January 20, 2016 at 5:15 p.m. in the Council Chambers of City Hall; and
WHEREAS, during the hearing, the City Council considered all facts, testimony,
and evidence concerning the staff report, Environmental Impact Report and the
Planning Commission's deliberation, and action.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals are incorporated herein.
2. The Planning Commission's findings as contained in its Resolution No. 47 -15
are hereby adopted.
3. The Project is subject to mitigation measures found within the certified
Environmental Impact Report for the Project
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Page 1 of 2 ° °
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 fourth
amendment to the Land Use Element of the Metropolitan General Plan for
calendar year 2015 in accordance with Government Code Section 65358
(b).
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
JAN 1 0 1016 , by the following vote:
AY ' COUNCILMEMBER: RIVERA, MAX ELL. WEIR, SMFrH, HANSON. SULLIVAN, PARUER
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER: A/O�/
ROBERTRD, 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 Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Aft
By:
ANDREW HEGLUN
Deputy City Attorney
Exhibits (attached):
Exhibit A: Conditions of Approval
Exhibit B: Location Map
By: CG \ S: \GPAs\ 13 -0417\Reso Ord \RES CC GPA Resolution 13 -0417.docx
Page 2 of 2
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Exhibit A
Conditions of Approval
General Plan Amendment No. 13 -0417
Plannina
1. The project shall continuously comply with all Mitigation Measures as specified in the Final
Mitigation Monitoring Program prepared in associated with GPA /ZC No. 13 -0417 (SCH No.
2007101067); with implementation of each measure to occur at the timing intervals
specified by the specific mitigation measures.
2. The applicant shall appoint a project manager to act as a liaison with city staff and track
(monitor) all conditions of approval /mitigation measures. The project manager shall
provide written evidence and documentation confirming the satisfactory completion
and /or compliance with the list of conditions, including mitigation measures of the project.
The project manager shall submit the entire list of conditions with said
evidence /documentation and status of each condition with each subsequent
development application and /or plans submitted to the Community Development
Department and Public Works Department. The project manager shall coordinate with
city departments and other agencies as needed to satisfy conditions of approval and
mitigation measures, and document compliance. Documentation from the project
manager as to the compliance of the condition /mitigation measures are subject to review
and acceptance by the Planning Director, or his designee. The name and contact
information for the project manager shall be provided to city staff on all submittals. For
orderly development.
Public Works
3. 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 South "H" Street from the Arvin Edison Canal
to Hosking Avenue and Hosking Avenue from the SR99 ramp to South "H" Street to
arterial standards if they have not been previously dedicated. Dedication for S. "H"
Street shall be 70' west of the section line or as otherwise allowed by the City
Engineer and shall include sufficient widths for arterial improvements and all
expanded intersections, including 2 southbound right turn lanes at S. "H" Street, 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. Construction of all these improvements is required; the timing of the
construction of these improvements will be addressed with the subdivision map or
site plan review.
b. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than 2 sumps may be utilized to serve this area; these sumps
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. The study shall be approved and any required retention site and
necessary easements dedicated to the City. The City will evaluate the request to
store the storm water underground and pump it to the canal.
Page 1 of 4
OPIGINAL
Exhibit A
Conditions of Approval
GPA /ZC No. 13-0417
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. There are known issues with the Hosking Trunk line between
this area and Wastewater Treatment Plant #3; therefor, the entire line to the plant
should be reviewed. Mitigation may be required. For orderly development.
4. 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. For orderly development.
5. The developer's project requires improvements which are on the facilities list for the
Metropolitan Bakersfield Transportation Impact Fee. Any construction or eligible right -of-
way dedications for improvements on the RTIF may quality for credits. A credit is available
for the right -of -way, dedication of the interchange and along the freeway boundary
totaling $3 million, and approximately $1 million in credit is available for the work on South
H and Hosking (including the offsetting of South H to accommodate the canal and other
required offsite improvements). The developer shall receive credit against his traffic
impact fees for constructing these improvements. These credits are not available until the
improvements have been constructed by the developer and accepted for maintenance
by the City, or until a Transportation Impact Fee Credit Agreement has been entered into
with the City and approved by the City Council. Any building permit issued prior to this
agreement shall pay the full impact fee. For orderly development.
6. 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. For orderly development.
7. Construction of the landscaped median for the S. "H" Street frontage of the GPA /ZC area
will be required with the subdivision map or Site Plan Review. 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. For
orderly development and mitigating traffic impacts.
9. 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 8 and 9. 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. So. H & White Lane, Add 1 EBL, 1 WBL, 1 WBT, 1 WBR, 1 NBT, 1 SBT, 6.88% share
�,oaecT
Page 2 of 4
Exhibit A
Conditions of Approval
GPA /ZC No. 13-0417
b. So. Union & White Lane, Add 1 EBL, 2 EBT, 1 WBL, 1 WBT, 7.61 %share
c. So. H & Pacheco Rd, Add 1 EBT, 1 EBR, 1 WBT, 1 WBR, 1 NBT, 1 NBR, 1 SBT, 12.85%
share
d. So. H & Fairview Rd, Add 1 EBR, 1 WBR, 1 NBT, 1 NBR, 1 SBT, 1 SBR, 18.83% share
e. Stine Rd & Panama Lane, Add 1 NBT, 7.77% share
f. Akers Rd & Panama Lane, Add 1 EBL, 1 EBR, 1 WBL, 1 WBR, 9.78% share
g. Wible Rd & Panama Lane, Add 1 WBR, 1 SBT, 9.06% share
h. Monitor St & Panama Lane, Add 1 EBL, 1 EBT, 1 WBL, 1 WBT, 1 NBL, 2 NBT, 1 SBL, 2 SBT,
13.0% share
i. Sparks St & Panama Lane, Install Signal, Add 2 EBL, 2 EBT, 1 EBR, 2 WBT, 1 WBR, 1 NBL,
1 SBL, 5.39% share
j. So. H & Berkshire Rd, Add 1 EBL, 1 EBT, 1 WBL, 2 WBT, 1 NBL, 1 NBT, 1 NBR, 1 SBL, 1 SBT,
39.22% share
k. Cottonwood Rd & Hosking Rd, Install Signal, Add 1 EBL 2 EBT, 1 EBR, 1 WBL, 2 WBT, 1
WBR, 6.96% share
I. Hughes Lane &Taft Hwy (SR119), Install Signal, Add 1 NBT, 1 NBR, 1 SBR, 7.2% share
m. Shannon Dr & Taft Hwy (SRI 19), Install Signal, Add 1 NBR, 1 SBR, 3.4% share
n. Gosford Rd & Panama Lane, Add 1 WBT, 1 SBL, 1 SBT, 2.08% share
For orderly development and mitigating traffic impacts.
10.Ooening Day Improvements: The development shall construct (unless already completed
due to adjacent development or other capital project) the improvements listed below.
Credits may be possible against RTIF fees for facilities built that are on the facilities list.
Street improvements shall include off -site construction for necessary paving transitions,
street widening, etc, as required by the City Engineer.
a. Prior to Certificate of Occupancy, construct widening of the west side of H Street
from Berkshire Road to Hosking Road to the City's 6 lane arterial standard. Per the
traffic study, the project shall construct dual southbound right turn lanes at South H
Street and Hosking Avenue.
b. Prior to the City Engineer's approval of improvement plans, provide minimum
dedication for street purposes on Hosking from H Street to NB Fwy 99 ramps to
construct Hosking Road to 6 lane arterial standards.
c. Prior to Certificate of Occupancy, construct widening of Hosking Road from H
Street to NB Fwy 99 ramps to 6 lane arterial standards.
d. Prior to the issuance of building permits for the first phase, construct improvements
at the intersection of S. Union Avenue /Berkshire Road by installing a traffic signal
(with associated lane improvements per the traffic study).
For orderly development and mitigating traffic impacts.
City AHornev
11. 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
Page 3 of 4
Exhibit A
Conditions of Approval
GPA /ZC No. 13 -0417
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.
CG: S: \GPAs \13-0417 \Rasp Ord \COntlitions U A.do x
Page 4 of 4
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