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HomeMy WebLinkAboutRES NO 136-16RESOLUTION NO. 136, 1 6 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE CIRCULATION MAP OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN AND THE CIRCULATION AND TRAILS MAPS OF THE WEST MING SPECIFIC PLAN LOCATED ALONG THE SOUTH SIDE OF MING AVENUE AT HIGHGATE PARK BOULEVARD (FUTURE ALIGNMENT), GENERALLY WEST OF SOUTH ALLEN ROAD. (GPA NO.16- 0184). WHEREAS, McIntosh & Associates for Castle & Cooke California, Inc., filed an application with the City of Bakersfield Community Development Department requesting an amendment to the Circulation Map of the Metropolitan Bakersfield General Plan and the Circulation and Trails Map of the West Ming Specific Plan, as shown in Exhibit B, located along the south side of Ming Avenue at Highgate Park, generally west of South Allen Road (the "Project "); and WHEREAS, adoption of an Environmental Impact Report (EIR) was completed for the West Ming Specific Plan (SCH #2005051055) and the impacts were mitigated or avoided in connection with the previous EIR; and WHEREAS, the Planning Commission held a public hearing on June 16, 2016, and approved Resolution No. 30 -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 amendments 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, EIR 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. 30 -16 are hereby adopted. 3. The Project is subject to mitigation measures found within the adopted EIR for the West Ming Specific Plan. 0 0NK"9 m Page 1 of 3 o c DRIGINAI 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 hereby approved and made part of the 31d amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2016 in accordance with Government Code Section 65358 (b). - - - -- 000 - - -- Page 2 of 3 oF0AxF9T � m � o 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 1 2016 by the following vote: AYES COUNCILMEMBER: RIVERA, MA %WELL, WEIR, HANSON, SULLIVAN, PARLIER S: COUNCILMEMBER: NDTO_ A COUNCILMEMBEIR BSENT' COUNCILMEMBER: 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 Ci y Att y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B General Plan /Specific Plan Amendment Map By: DL \S: \West Ming Specific Plan\Circ Admin 16 -0184 2016 \CC Resolution GPASPA 16- 0184.docx Page 3 of 3 o, PK m QRIGINAL Exhibit A Conditions of Approval General Plan Amendment 16.0184 Circulation Element / Specific Plan Amendment Plannina: 1. For areas along, adjacent and near the gas easement from which the trail is being deleted, the subdivider shall design the tentative tracts and any other land division map as described below. The tentative subdivision or land division maps shall be reviewed as part of the application completeness process for compliance with the following: a. Every effort shall be made in design so that residential lot and street layout are designed to limit overlap of the easement into residential lots. b. The gas easement shall be located in a street right -of -way, landscape area (for example, a parkway, median, or landscaped lot) or other non - buildable lot /feature that is not a sump, as approved by the Fire Prevention Director and Planning Director. c. Overlap of the gas easement into a buildable lot shall be as follows: • Residential front yard: Maximum overlap is 20 -feet. • Residential side yard: Maximum overlap is 10 -feet. • Residential rear yard: No overlap allowed unless specifically approved by Fire Prevention Director and Planning Director. • Other buildable lot: Maximum overlap is 20 -feet. The Fire Prevention Director and Planning Director may approve greater overlap in specific circumstances and adequate justification is provided to the City. d. Prior to recordation of a final map, a covenant of disclosure of the gas easement shall be required in accordance with Fire Department requirements. For orderly development and public health, welfare and safety. City Attorney: 2. 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 indemnity, 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 CEGA 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 the sole cost and expense of the Applicant and the City is not obligated to use any Iav�6�m 119 or attorney chosen by another entity or party. LDL 5: \Well Ming Specific Plan \Circ Atlmin 16-01 a4 2016 \COntlifions Ib -0184.tlocx ()RIQINA ORIOINAL