HomeMy WebLinkAboutRES NO 131-16RESOLUTION NO. 1 31-16
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN
AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED ON THE EAST
SIDE OF SOUTH UNION AVENUE, SOUTH OF THE ARVIN - EDISON
CANAL. (GPA /ZC NO. 16.0039)
WHEREAS, Bob Swanson, Swanson Engineering, Inc., for Norman L. 011ivier & Dennis R.
011ivier, fled 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 ER (Estate Residential) to LR (Low Density Residential) on 21.66 acres
located on the east side of South Union Avenue, south of the Arvin- Edison Canal (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 June 2, 2016 and
approved Resolution No. 21 -16, which recommended that the City Council approve the
Project; and
WHEREAS, the Clerk of the City Council set Wednesday, July 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. 21 -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 3,d amendment to the Land
Use Element of the Metropolitan Bakersfield General Plan for calendar year 2016 in
accordance with Government Code Section 65358 (b). gPKg
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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 JUL 2 0 1016 , by
the following vote:
✓ ✓ ✓ ✓ ✓ ✓
AV COUNCILMEMBER: RIVERA, MAXWELL, WEIR, HANSON, SULLIVAN, PARLIER
NOES: COUNCILMEMBER: NM.nt
ABSTAIN: COUNCILMEMBER:I
SENT' COUNCILMEMBER: CM
�17CMC %✓
R ERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUL 2 0 2016
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA ENNARO
City Att y
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Conditions of Approval
B General Plan Amendment Map
By: DL \S: \GPAs \GPA 3rd 2016 \16 - 0039 \Reno Ord \CC Res GPA 16- 0039.docx
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ORIGINAL
Exhibit A
Conditions of Approval
General Plan Amendment No. 16 -0039
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 (M
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 Union Avenue to arterial standards for the full
frontage of the area within the GPA request. Dedications shall include sufficient widths
for expanded intersections /right turn lanes and additional areas for landscaping as
directed by the City Engineer. 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. The developer shall be responsible
for the initial extension of the sewer line to serve the property. The GPA /ZC area is within
the Panama Union Planned Sewer Area. The sewer infrastructure within the Panama
Union Planned Sewer Area may not be adequately sized to accommodate the
additional flows to be generated under the new land use and zoning. Submit a sewer
study to the City Engineer verifying the existing sewer system's capability to accept the
said additional flows. Additionally, downstream infrastructure may be at capacity;
therefore, the project may be required to pay for additional sewer capacity /facilities to
be constructed in the future.
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 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 oFe AHe9
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ORIGINAL.
Page 1 of 2
Conditions of Approval
GPA /ZC 16 -0039
Page 2
3. Prior to recordation of any map or approval of any improvement plans for the GPA /ZC area,
the median must be reconstructed to City Standards (including landscaping) for the Union
Avenue frontage of the property within the GPA /ZC request.
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
Plannina:
6. Development of the site shall be limited to a maximum of 95 single - family dwelling units.
For orderly development
7. Prior to recordation of each final map on the GPA site, the subdivider shall submit
documentation acceptable to the Planning Director that the site is annexed into the
Greenfield County Water District, and a written statement from the District that they will
provide domestic water supply to the property.
For orderly development
City Attorney:
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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