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Home My WebLink AboutRES NO 188-16RESOLUTION NO. '188 - 16 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE AND THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED ALONG THE SOUTH SIDE OF MCKEE ROAD, GENERALLY EAST OF STINE ROAD (GPA /ZC NO. 16- 0231). WHEREAS, James Delmarter, for Kern Delta Water Storage District, filed 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 LR (Low Density Residential) to GC General Commercial) and HMR (High Medium Density Residential) on approximately 1.4 acres located along the south side of McKee Road, generally east of Stine Road (the "Project'); and WHEREAS, the Project is exempt from the requirements of the California Environmental Quality Act; and WHEREAS, the Planning Commission held a public hearing on September 1, 2016, and approved Resolution No. 40 -16, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, November 16, 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, 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. 40-16 are hereby adopted. 3. The Project is exempt from the requirements of California Environmental Quality Act. 4. The Project is hereby approved subject to the conditions of approval listed 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 4th 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 1 of 2 or`�NK, 9q s I m F: U O ORIGINAL 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 NOV 1 0 2016 , by the following vote: ✓ ✓ ✓ ✓ ✓ AYES: COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, EARLIER FII COUNCILMEMBER: IJ BY�P AB COUNCILMEMBER: (VaOa. ABSENT: COUNCILMEMBER: S1A tVe YN 4 _ ROBERTA GAFFORD, CAC CITY CLERK and Ex Officio Clerk of the NOV 10 2016 Council of the City of Bakersfield APPROVED HARVEY I HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Affor ey By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map By: DL \S: \GPAe \GPA 4th 2016 \I6 -0231 \Res Ord \CC Res GPA 16 -0231.doc Page 2 of 2 o` 0AKF9t1�. > m U 0 r1RIGINAL Exhibit A Conditions of Approval General Plan Amendment /Zone Change No. 16 -0231 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 (If 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 Stine Road and McKee Road to arterial /collector standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA /ZC area is submitted, dedication can be provided with the map. 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. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. 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. 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 3. Per Resolution 035 -13, the area within the GPA /ZC shall implement and comply with the "complete streets" policy. For orderly development o�0AKF9 -� s U � ORIGINAL GPA /ZC 16 -0231 Conditions of Approval Page 2 4. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development Plannlna: 5. With submittal of any an application for site plan review, development plans, or subdivision action, the applicant shall provide written documentation from the appropriate water purveyor that they will or have agreed to provide domestic water service to the property. This documentation must be signed by the water purveyor and on their official letterhead. For orderly development 6. Upon approval of GPA /ZC 16 -0231 and prior to submittal of any development plans or application for site plan review, the applicant shall submit and obtain a minor land division or other subdivision action to create two new lots from the existing lots. For orderly development CRY Attomev: 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 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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