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Home My WebLink AboutRES NO 133-16RESOLUTION NO. 133— 1. 6 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED ALONG THE NORTH SIDE OF BERNARD STREET, 900 FEET WEST OF OSWELL STREET. (GPA/ZC NO.16 -0093) WHEREAS, Audrey Mills representing Oxygen Development„ riled 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 HMR (High Medium Density Residential) to GC (General Commercial) on 5.59 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 June 3, 2016, and approved Resolution No. 25-16 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: I. The Planning Commission's findings as contained in Its Resolution No. 25-16 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 h hereby made part of the 3rd amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2016 in accordance with Government Code Section 65358 (b)• Op KF —000 � m Page 1 of 2 091GINAL I 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: AY COUNCILMEMBER: RNERA, MA %WELL. WEIR HANSON, SULLIVAN. PARUER COUNCIIMEMBER: M�n1 COUNCIMEMBER: �s. Eli COUNCIIMEMBER: - -~41 2 PPI( ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL 2 0 2016 I� HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City AR y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map S: \GPAs \GPA 3rd 2016 \16-0D93 \Reno 6 Ord\CC GPA I6-0093.dO of eAKF9 sT Page 2 of 2 m � o OFIIOINAL Exhibit A Conditions of Approval o``0�KF9 r m v 0 ORIGINAL Exhibit A Conditions of Approval General Plan Amendment No. 16 -0093 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 Bernard Street to collector standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections /right turn lanes )if necessary) 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 6 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 or update the drainage study of the entire drainage area, to be reviewed and approved by 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. This sewer line must necessarily be sized to serve a larger area that the project area. 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. 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 h 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. 3. Per Resolution 035 -13, The area within the GPA /ZC shall implement and comply with the "complete streets" policy. 4. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. City Attorney: 5. 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 holdaAK, harmless the City of Bakersfield, its officers, agents, employees, departments, commissioneA 9s U p Page 1 of 2 ORIGINAL Conditions or Approval GPA /ZC 160093 Paget 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. CG: 5: \GPAs \GPA 3rd 2016 \160093 \Cwd Rom 160D93.d= Page 2 of 2 o``eAxF9s T m � o DFIOINAL Exhibit B General Plan Amendment Map g pKF9.,, I m ORIGINAL. §§5a 1 OIL 0 §' ] § |j]§ |] |hj( \' \/ _�!■ �� |Lf j §] |!gam )h� § ° ` .�.-.'| , ■`,' ",` .... ■,.....1.� §= �, `■ 1 • �. m J\Z, , , ■�, ] N'a ■ ■ & | | k | |!I | § k ! 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