HomeMy WebLinkAboutRES NO 059-16RESOLUTION NO. 059- 1 6
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN
AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED AT THE
SOUTHWEST CORNER OF PANAMA LANE AND OLD RIVER ROAD.
(GPA /ZC NO.15 -0385)
WHEREAS, McIntosh & Associates representing Old River & Panama, L-C, 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 11.88 acres located at the southwest corner of Panama Lane and Old River 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 March 3, 2016, and
approved Resolution No. 07 -16 which recommended that the City Council approve the
Project; and
WHEREAS, the Clerk of the City Council set Wednesday, May 4, 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. 07 -16 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 2nd amendment to
the Land Use Element of the Metropolitan Bakersfield General Plan for
calendar year 2016 in accordance with Government Code Section 65358
(b) o�0PKF9sT
> m
r
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
APR 2 0 2016
by the following vote:
/ ✓ ✓ ✓
✓
COUNCIWEMBER:
RIV/ ERA, MA WELL, WEIR, SMITH, HANSON,
PARUER
NOES:
COU21_10EMBER:
ABSTAIN:
COUNCILMEMBER:
A8S NT'
COUNCILMEMBER:
Gxi WCil�,
W R BERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED APR 10 2016
�
l
Harold Hanson
Vice -Mayor akersfielc
APPROVED as to form:
VIRGINIA GENNARO
City Ati ney
By: ( i�kj_49
ANDREW HEGLUN
Deputy City Attorney
Exhibits: A Conditions of Approval
B General Plan Amendment Map
5: \GPAs \GPA 2nd 2016\ 1 5-0385\Res Ord \CC GPA 15 -0385,docx
o�gAK,9i
Page 2 of 2 m
U �
ORIGINAL
Exhibit A
Conditions of Approval
o``0pKF9�
r
F m
U O
ORIGINAL
Exhibit A
Conditions of Approval
General Plan Amendment No. 15 -0385
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 and Old River 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. Off -site right of way on Panama Lane east of Old River
Road may be required to transition traffic and for the installation of the landscaped
median. 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 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. Submit sewer study /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 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 construction will be
addressed at the subdivision map stage.
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. Developer will construct the landscaped median in Panama Lane and Old River Road within
the GPA /ZC request, or pay median fees equal to $100 per linear foot of arterial frontage.
Payment is required prior to recordation of any map or approval of any improvement plan
for the GPA /ZC area. Off -site landscaped medians may be required on Panama Lane east
of Old River Road for orderly development.
For orderly development. o.�OAKRgN
U (]
Page 1 of 4 ORIGINAL
Conditions of Approval
GPA /ZC 15 -0385
4. Per Resolution 035 -13, the area within the GPA /ZC area shall implement and comply with the
"Complete Streets" policy.
For orderly development.
5. The Developer is responsible for the design and construction of the traffic signal modification
at the intersection of Panama Lane and Old River Road.
For orderly development.
6. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate
program. 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.
7. Local Mitigation. The applicant /developer shall 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 the list of mitigation measures from
the traffic study in Tables 6 and 7. 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. Proportionate shares from the study is
as follows:
1. Mountain Vista Drive & Harris Road, Install Signal, 9.03% share
2. Old River Road: Panama Lane to Harris Road, Add 2 ones ", 10.79%
Notes: NB- north bound, SB - south bound, W B - west bound, EB - east bound
L - Left turn lane, T - Through lane, R - Right turn lane
(**Lane addition only extends north 1,300 feet from Panama Lane; stripe remainder)
For orderly development.
Plannina:
8. Prior to recordation of each residential subdivision or prior to the approval of each Site Plan
Review for commercial /industrial uses within the project site, the project proponent shall
submit to the Planning Director a focused Greenhouse Gas (GHG) Emissions Report,
prepared by a qualified consultant. The report shall include the following and any
additional information required by the Planning Director:
a. Explanation that the project will comply with the current state and local applicable
GHG emission control and reduction regulations, as they are adopted and amended
over time.
b. A signed statement by the applicant that the project will construct and operate the
project in accordance with factors /mitigation measures utilized in the calculation of
CO2e (GHG) emissions and reductions as shown in the air quality study for this project.
c. Identification of the measures that the project will implement to reduce operational
CO2e emissions by 29 percent over BAU; which would be the project's proportionate
share of tons per the above referenced Air Study. Reduction of 29 percent over BAU
CO (GHG) emissions is the current threshold adopted by SJVAPCD. These measures
may include, but are not limited to; implementation of specific Best Performance
Standards for GHG reduction, acquisition of offset credits, inclusion in an Emiss gftWel,
T
m
U O
Page 2 of 4 ORIGINAL
Conditions of Approval
GPA /ZC 15 -0385
Reduction Agreement approved by the SJVAPCD, or other approved GHG reduction
strategies.
d. A copy of the ISR application to the SJVAPCD listing the mitigation measures utilized to
reduce the GHG emissions for the project.
Any mitigation program reduction of GHG adopted by the SJVAPCD or the City of
Bakersfield that can be implemented for the specific project site may be utilized as a
replacement for the requirements of this mitigation measure, if it provides equal or more
effective mitigation than this mitigation measure.
For orderly development.
9. Upon approval of GPA /ZC No. 15 -0385, Vesting Tentative Tract Map No. 6536 and all
development entitlements and any approved subdivision improvement plans for VTM 6536
shall become void in the area of the proposed commercial site. Prior to any development
application, such as Site Plan Review, grading permit, improvement plans, etc., the
developer /subdivider shall be required to submit and obtain approval of a lot line
adjustment or other subdivision map to create the commercial parcel.
For orderly development.
10. Prior to approval of a Final Site Plan Review and /or issuance of any building permit for the
commercially zoned property, the commercial portion must be recorded as a separate
parcel from the adjacent residentially zoned parcel.
For orderly development.
11. Upon approval of GPA /ZC No. 15 -0385, with the submittal of a lot line adjustment or
subdivision map, the developer /subdivider shall provide perimeter street(s) around the new
commercial site.
For orderly development.
12. With submittal of any development application, such as Site Plan Review, if any single store is
more than 90,000 square feet, the developer shall submit an Urban Decay Study that
evaluates the project's impacts on surrounding development.
For orderly development.
13. The 11.88 acres changed to commercial use by approval of GPA /ZC 15 -0385, is not entitled
to any vesting rights of Vesting Tentative Tract 6536, and shall be required to pay fees at the
rate in effect at the time of plan submittal(s) or issuance of building permits).
For orderly development.
14. 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 developrr� #Kp,9
O NT
m
Page 3 of 4
ORIGINAL
Conditions of Approval
GPA /ZC 15 -0385
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 (301 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 2016 \15-0385 \Res Ord \Conditions 150385 after PC mtg.doax
Page 4 of 4
o�eAKe9s,
u o
ORIGINAL
Exhibit IS
General Plan Amendment Map
o``0AKF9m
T
r= m
U p
ORIGINAL
z ¢g sgi a °e
E£6�a$�sN��s� g6�25# o
i
................ : eL
pad
ii � rc
5 e
rc
5 g ff
S xi
g:' sari x3�rn� i
ON MAIN mo
5
cow
N
MW
a9
�LO 0
U
v
u
U
O
O
H