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.
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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).
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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
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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.
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