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HomeMy WebLinkAboutRES NO 064-16RESOLUTION NOP 6 4 — 16 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED ALONG THE EAST SIDE OF ALFRED HARRELL HIGHWAY, GENERALLY SOUTH OF OLD WALKER PASS ROAD. (GPA /ZC NO. 15- 0363). WHEREAS, Ian Ellis for Aurora Borealis Development, 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) & OS -S (Open Space - Slopes) to GC (General Commercial) on 9.975 acres, located along the east side of Alfred Harrell Highway, generally south of Old Walker Pass 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. 15 -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 above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 15 -16 are hereby adopted. 3. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 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 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 eAKF9s T --- _- OOO - - - - -- ti m Page 1 of 2 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and ado ted by the Council of the City of Bakersfield at a regular meeting held on APR 2 0 209 , by the following vote: ✓ ✓ ✓ ✓ le- COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON. PARUER NOES: COUNCLLMEMBER: w ABSTAIN: COUNCILMEMBER: C-XB- SE COUNCILMEMBER: Wrap ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 10 1016 I Harold Hanson Vice -Mayor APPROVED as to form: VIRGINIA GENNARO City Attor y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map By: DL: \S: \GPAS \GPA 2nd 2016 \I 5-0363 \Res Ord \CC Res GPA 15-0361docx Page 2 of 2 o4eAKF9 T m u o ORIGINAL Exhibit A Conditions of Approval �gAKp9 m � o ORIGINAL Exhlbit A Conditions of Approval General Plan Amendment No. 15 -0363 Public Works: 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 Alfred Harrell Highway to Expressway Standards for the full frontage of the area within the GPA request, if applicable. Dedications shall include sufficient widths for expanded intersections, right turn lanes, and /or 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 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. In order to meet the requirements of the City of Bakersfield's NPDES permit and Storm Water Management Plan and to prevent the introduction of sediments from construction or from storm events to waters of the US, all storm water systems for any new development that will ultimately convey drainage that discharges to the Kern River, a channel or a canal shall remove or minimize the introduction of pollutants through the use of Best Management Practices (BMP's) for pollution prevention, source control and /or structural treatment control as approved by the City Engineer c. Sewer service must be provided to the GPA /ZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and /or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. 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 (Alfred Harrell Highway and Allegheny Court), 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 O�gAK6I' U p ORIGINAL Exhibit A Conditions of Approval GPA /ZC 15 -0363 Page 2 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 Alfred Harrell Highway frontage 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. Access will be via Allegheny Court and the developer shall acquire an access easement from the adjacent property owner to be recorded in association with the Parcel Map or any subdivision action. The Old Walker Pass Road Easement must be maintained free and clear of any structures. For orderly development. 6. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up -front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. For orderly development. 7. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. Planning: 8. Upon approval of GPA /ZC 15 -0363, the approval and all entitlements related to Vesting Tentative Tract Map 7027 become void, and a final map for Tract 7027 may not record. For orderly development Prior to approval of a Final Site Plan Review and /or issuance of any building permit, the developer shall submit a Parcel Map or other subdivision action to create a separate parcel for the commercial portion within the GPA request. eAKe For orderly development. m U O ORIGINAL Exhibit A Conditions of Approval GPA /ZC 15 -0363 Page 3 10. The developer shall construct the required trail from decomposed granite to limit dust and decrease maintenance costs, location pursuant to the Specific Parks and Trails Plan for Northeast Bakersfield (10 ft wide trail w/ 6 ft wide tread). The trail shall be located along east side on Alfred Harrell Highway from the terminus of the trail adjacent to Tract 6000 to Old Walker Pass Road; and a separate trail and landscaping on the south side of Allegheny Court to the east edge of the proposed development area. For orderly development. 11. Prior to the issuance of grading or building permits, the project proponent shall submit an Acoustical Assessment which evaluates the final placement of mechanical equipment at the facility and demonstrates that the equipment will not violate the Noise standards established by the Metropolitan Bakersfield General Plan; including, but not limited to, the requirement that the project will not generate noise that exceeds 65 dB CNEL at the adjacent residential property line; or results in noise levels that exceed 45 dB CNEL within interior living spaces of adjacent residential properties. For orderly development. Added at City Council meeting on April 20,2016: 12. Prior to the issuance of grading permits and any ground disturbance activities, whichever occurs first, the project proponent shall provide evidence of the following to the Community Development Department: a. A determination from the Kern County Public Health Services Department if the project site is within a high risk Valley Fever area. b. Should the area be determined to be a high risk area for Valley Fever, the applicant shall provide a written work plan and "Valley Fever Training Handout' that will be provided to all construction personal. The documents shall demonstrate how construction activities will employ appropriate prevention measures to minimize potential exposure to Valley Fever; including but not limited to, information an how to recognize the symptoms of Valley Fever, a plan to promptly report suspected symptoms of work - related Valley Fever to a construction supervisor, and provisions to provide workers exposed to fugitive dust with the option of using personal protective equipment, such as respiratory equipment (masks), to reduce exposure to pollutants. c. Written acknowledgement that the developer shall continuously adhere to all applicable SJVAPCD requirements for dust control measures; including but not limited to SJVAPCD Regulation VIII (Fugitive PM10 Prohibition). For public health and safety. City Attorney: 13. 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 therq,eakF9 or any of them, before administrative or judicial tribunals of any kind whatsoever, W T, any way arising from, the terms and provisions of this application, including without o ORIGINAL Exhibit A Conditions of Approval GPA /ZC 15 -0363 Page 4 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. DL\ S: \S: \GPAS \GPA 2nd 2016 \15 - 0363 \Admin SR \Conditions 15M63.docx a m v p ORIGINAL \ \\ \ a \, B ( `§ §5!§ § »J §!a 22•e! � §�� §)\ )9 § §!9\jse§BeEdaaJ °( �� )1151. \/ ) j)) \j m \j � § ° ! ` £c,6>9a: enz�aae8 ©�ea � ! \ !. _ ! . : ! ! , 0 e � k o§ O L9) $ i \�\ ORIGINAL