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Home My WebLink AboutRES NO 062-16RESOLUTION NO. 062- 1 6 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 STATE HIGHWAY 178, GENERALLY WEST OF MORNING DRIVE. (GPA /ZC NO. 15- 0507). WHEREAS, Dirk Poeschel for Rio Bravo Medical Campus, 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) and HMR (High Medium Density Residential) to GC (General Commercial) on 10.8 acres located on the south side of State Route 178, generally west of Morning Drive (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. 12 -16, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, April 20, 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. 12 -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 2013 in accordance with Government Code Section 65358 (b) . o� 6AKF9N - ____000 - -_ > ; � o 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: ✓ ✓ ✓ ✓ ✓ ✓ L COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, PARLIER NOES: COUNCILMEMBER: AIN: COUNCILMEMBER: N ABS COUNCILMEMBER: ^ ROGAFCMC CV" CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 0 2016 .R� Harold Harold Hanson Vice -Mayor 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 By:DL \S: \GPAs \GPA 2nd 2016 \15 -0507 \Res Ord \CC Res GPA 15 -0507.docx Page 2 of 2 of OAKFPm U O^ ORIGINAL Exhiblt A Conditions of Approval General Plan Amendment No. 15 -0507 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 (If a tentative subdivision map over the entire GPA /ZC area is submitted, than these conditions can be met with the map): a. This GPA /ZC area is within the Shalimar Planned Drainage Area. 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. b. Sewer service must be provided to the GPA /ZC area, which is within the East Niles Community Services District service area. Please contact said District for more information. c. 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. 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. Per Resolution 035 -13, the area within the GPA /ZC shall implement and comply with the "complete streets" policy. For orderly development. 4. The developer shall pay their proportionate share of the Morning Drive Major Bridge and Thoroughfare District. For orderly development. 5. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. Plannina: 6. Prior to recordation of each residential subdivision or prior to 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 ReipeMKF a 9 Page t of 2 " o ORIGINAL Conditions of Approval GPA /ZC 15 -0507 Page 2 prepared by a qualified consultant. The report shall include the following and any additional information required by the Planning Director: a. An explanation that the project will comply with all current state and local applicable GHG emission control and reduction regulations, as they are adopted or amended over time. b. A signed statement by the project 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 CO2e (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 Emission Reduction Agreement approved by the San Joaquin Valley Air Pollution Control District (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. City Attorney: 7. 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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