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Home My WebLink AboutRES NO 135-16RESOLUTION NO. f35- 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 NORTH SIDE OF THE CROSS VALLEY CANAL, SOUTH OF STOCKDALE HIGHWAY AND WEST OF THE FUTURE HEATH ROAD. (GPA/ZC NO.1"101) WHEREAS, Bolthouse Properties, applicant and property owner, filed an application with the City of Bakersfield Community Development Department requesting an amendment to the land use map designation of the Mefropouton Bakersfield General Plan from R -MP (Resource - Mineral and Petroleum) to LR (Low Density Residential) on 8.63 acres located along the north side of the Cross Valley Canal, south of Stockdole Highway and west of the future Heath 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. 28-16 which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, Jury 20, 2016 at 5:15 p.m. in the Council Chambers of City Hail, 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. 28-16 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 B 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)• gpKe, 000— pF 9 — NT Page 1 of 2 U d ORIGINAI- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council 31L A`1016City of Bakersfield at a regular meeting held on by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ COUNCILMEMBER: RIyyELRA. MAXWELL, WEIR, . HANSON, SULLIVAN, PARUER NOES: COUNCILMEMER: �Yla STAIN: COUNCIIMEMSER; N QHLOD COUNCILMEMBER: 5�2m 4— S6k'A+- r., ROBERTA 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 GENNARO City Att y By: ANDREW HEGLUND Deputy City Attome Exhibits: A Conditions of Approval B General Plan Amendment Map S: \GPAS \GPA 3rd 2016 \160101 \ROW L Ord\CC GPA 160101.doM oFeAkF9J, Page 2 of 2 T � m 6 ORIGINAL. Exhibit A Conditions of Approval o�0PKF9... N � m v 4 ORIGINA4 Exhibit A Conditions of Approval General Plan Amendment No. 16 -0101 Plannina 1. The 8.63 -acre project area will be limited to 39 dwelling units based on what was examined through the CEQA process. For orderly development. 2. The applicant shall appoint a project manager to act as a liaison with city staff and track (monitor) all conditions of approval /mitigation measures. The project manager shall provide written evidence and documentation confirming the satisfactory completion and /or compliance with the list of conditions, including mitigation measures of the project. The project manager shall submit the entire list of conditions with said evidence /documentation and status of each condition with each subsequent development application and /or plans submitted to the Development Services Department and Public Works Department. The project manager shall coordinate with city departments and other agencies as needed to satisfy conditions /mitigation measures, and document compliance. Documentation from the project manager as to the compliance of the condition /mitigation measures are subject to review and acceptance by the Planning Director, or his designee. The name and contact information for the project manager shall be provided to city staff on all submittals. For orderly development. 3. A troll system is required for this project. With submittal of the first tentative subdivision application, the applicant shall provide the Planning Director with a trails plan for approval by the Planning Department. The trail cross section shall minor the trail design approved for the multi -use trail and combination trail system. Trait location and cross section diagram shall be depicted on tentative and final maps. Consultation with staff prior to preparation of the trails plan is recommended. For orderly development. Public Works: 4. 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. Developer shall reserve the right -of -way within the GPA /ZC area for the Westside Parkway (formerly known as the Kern River Freeway) per Resolution No. 138 -91. b. Update both the approved Sewer Study and approved Drainage Study for Stockdale Ranch to reflect the change in Land Use. 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. 5. 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, tenoaid",,, m Page 1 of 2 ° d ORIGINAL Conditions of Approval GPA /ZC 16 -0101 Page 2 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. 6. Per Resolution 035.13, the area within the GPA /ZC shall implement and comply with the "complete streets" policy. For orderly development. 7. The GPA /ZC area is within and subject to the Western Rosedale Trails Plan. For orderly development. 8. Access to the project area from Stockdale Highway is provided by a sub - standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 36 feet of paving meeting City design standards for a collector road, with 6' graded shoulders. 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. If this property is developed as a part of a larger, tentative tract, then this condition will be fulfilled with the tract. For orderly development. 9. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. City Attorney: 10. 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 low 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. Q gAKeg Co.- 5: \GPAs \GPA 3rd 2016 \16-0101 \Con7lbns I6-0101.dwx O dam, � m Page 2 of 2 ORIGINAL Exhibit B General Plan Amendment Map sAKei> m U p ORIGINAL I 5 s I I" H full!] 14 f V ly4iffill-3111111111! W s I � 4 a $ 5 lee vs-- ea¢` ei o� QRIGINA4