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Home My WebLink AboutRES NO 016-17RESOLUTION NO. 07 6- 17 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED AT THE SOUTHWEST CORNER OF HOSKING AVENUE AND SOUTH UNION AVENUE (GPA/ZC NO.16- 0128). WHEREAS, Porter & Associates, Inc. for Floyd G. Hinesley & Loretta M. Hinesley, 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) on 7.58 acres and HR (High Density Residential) 4.13 acres located at the southwest corner of Hosking Avenue and South Union Avenue (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 December 1, 2016, and approved Resolution No. 52 -16, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, January 25, 2017 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: 1. The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 52 -16 are hereby adopted. 3. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 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 approved herein is hereby made part of the 111 amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2017 in accordance with Government Code Section 65358 (b). o``0pke9..� Page 1 of 2 m U � 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 JAN 2 5 1017 , by the following vote: ✓ ✓ ✓ ✓ ✓ AYES COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER COUNCILMEMBER: I�bM- ABSTAIN COUNCILMEMBER: N ABSENT: COUNCILMEMBER: mee� -c91 PAMELA McCARTHY, MMC Interim City Clerk APPROVED JAN 2 5 20177 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City At ney By: ANDREW HEGLL(F} Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map DL \S: \GPAs \GPA Ist 2017 \16 - 0128 \Res Ord \CC Res GPA 16 -0128.docx Page 2 of 2 �eAKF9 o sT m � o ORIGINAL Exhibit A Conditions of Approval General Plan Amendment No. 16 -0128 Public Works: 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 dedications for Hosking Avenue and S. Union Avenue to arterial standards for the full frontage of the area within the GPA request area. Dedications shall include sufficient widths for expanded intersections, right turn lanes, 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. 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. 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. 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. Developer will construct the landscaped median in Hosking Avenue. Developer will install stamped concrete and landscaped median per the City standards, or pay median fees equal to $100 per linear foot for median in S. Union Avenue within the GPA /ZC request. Payment is required prior to recordation of any map or approval of any improvement plan for the GPA /ZC area. For orderly development Page 1 of 3 o4gAKF9 `T � m v 0 'RIr INAL Conditions of Approval GPA 16 -0128 Page 2 4. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials. For orderly development 5. Relocate and reconstruct the existing traffic signal at the SWC of Hosking Avenue and S. Union Avenue to the ultimate location. 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 development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in place for the various land use types at time of development. For orderly development Planning: 8. Prior to the issuance of the first building permit within the area of GPA /ZC No. 16 -0128, the applicant shall complete the following: a. Recordation of a final subdivision map or other subdivision action to create separate parcels that coincide with the approved commercial and multiple - family residential zone districts on the site. The subdivision map or other subdivision action may be submitted in conjunction with an application for Site Plan Review or a Planned Development Review (PD) Plan. b. Submit documentation acceptable to the Planning Director that the project site has been provided a non - conditional "Water Will Serve" letter from the applicable water purveyor stating the purveyor will provide water service to the commercial and multiple - family lots. For orderly development 9. The multiple - family development shall be limited to a maximum of 72 dwelling units. For orderly development 10. Prior to recordation of each final map on the GPA site, the subdivider shall submit documentation acceptable to the Planning Director that the site is annexed into the Greenfield County Water District. For orderly development 11. As part of the Site Plan Review and /or Subdivision application, the applicant will include a perimeter street around the commercial use /site on the project site or provide pedestrian access from the proposed multi - family to the proposed commercial area, so to enhance pedestrian access from adjacent residential neighborhoods. For orderly development. 0PKF9 � m Page 2 of 3 ORIGINAL Conditions of Approval GPA 16 -0128 Page 3 City Aflornev: 12. 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 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. "DL " \S: \GPAS \GPA Ist 2017\16- 0128Wonditions 1"128.do x Page 3 of 3 o�epKF9T N � m r cJ O ORIGINAL C10.N 4 ;-M s s e m frP e a ,a6E e WQ� £ 8 # e3 2 e. 3e zQ� c7rc eE kg a i'# 1> i �jz a u•� rc lu 1 srxosxel�3nswdsxaws � w rc g � w Q e as rv3iews arM g � 3aIJA xnf jxni j Y Y�ra i ¢ gOgO i t w 1 n aswaun Da0 snrssouslxe =O� = j w y AtlM S3M]� d. 3Atl1J3flBd AllNtl5tl31J a0 � :u— • • • • ..•. —.. —J N 1S Z j F 1 1 :3" NOINO S 1 1Jnsenx j j AtlMM3 9NINa01Y N —•• — "1 j, N �� 1 ltl xos N �^T'8� ¢ p q l5 Mtla15MJtl� j E iX K j J � K s J 1JS nxoory 00 ' a 00 w rc I— i � 1sa�oMxar a u. Y dig °lo u N ��g 1 j F G 6 i Y U C # NO NONNVNS i U � rc �; �" �I avawa aarow� Q kF9 1svJw3woaW,�B'�A� J' p O ORIGINAL ORDINANCE NO. AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE SOUTHWEST CORNER OF HOSKING AVENUE AND SOUTH UNION AVENUE (GPA /ZC NO. 16. 0218). WHEREAS, Porter & Associates, Inc. for Floyd G. Hinesley & Loretta M. Hinesley, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from A (Agriculture) to C -2 (Regional Commercials 9.37 acres and R -3 (Multiple Family Dwelling) on 4.13 acres located at the southwest corner of Hosking Avenue and South Union Avenue (the "Project "); and WHEREAS, the Planning Commission held a public hearing on December 1, 2016, and approved Resolution No. 53 -16, which recommended that the City Council approve the Project; and WHEREAS, the City Council has adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, Negative Declaration and the Planning Commission's deliberation, and action; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. F9 :lei Ile] 711 NOW, THEREFORE, BE IT ORDAINED 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. 53 -16 are hereby adopted. 3. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 4. The Project is hereby approved incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 located on the map as shown in Exhibit A and as specifically described in Exhibit B, all of which are incorporated herein. SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. o gPKFy�T ________000________ > m o ° Page 1 of 2 ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on , by the following vote: AYES'. NOES'. ABSTAIN: ABSENT: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, TKAC, SULLIVAN, EARLIER COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: PAMELA McCARTHY, MMC Interim City Clerk APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Zone Change Map B Legal Description DL\ S: \GPAS \GPA 1st 2017\I6 -0128 \Res Ord \CC ZC Ord 16 -0218 docx oF�PKF9`I -� Page 2 of 2 m U � ORIGINAL 0 E 'x W N_ Fall ia -ens Win Eag aa�aE €a °i £# j9 E£na J W a I 5I i s 1, a€ p. YS�.j��€ BI bgp�d �sg 3: sa!I it ae `ss °Y��C is945�SE IF K �V hp K Nila a p N C4 a Till a O Till H x 1S tlOL J U a i�neenx Arm m3aoxixuwv J � N i hp ° 0 J W co p N C4 a Till a O Till H x 1S tlOL U a a 3 V K tY1LL5M'Jtll' K 0� K JIM Q W 2 Y N O S -�r anwmere Y rc 4 rc vv saaiuiw � ¢ wrnna; °N rrc anv i�3aeaa Allxtlsb3la rc j S � & i NOW S 1 � a ry u28 —d5 a NO NONNtlNS s a z K a C K� s y a ORIGINAL EXHIBIT'V PROPOSED ZONE CHANGE (A PORTION OF PARCEL 4 OF PARCEL MAP 10019) LEGAL DESCRIPTION BEING A PORTION OF PARCEL 4 OF PARCEL MAP 10019 AS PER MAP RECORDED NOVEMBER 11, I D941N BOOK 47 OF PARCEL MAPS AT PAGE 61N TH- - - -. - - KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE NORTH Mir Ur I Ht NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 30 SOUTH, RANGE 28 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31, ALSO BEING THE CENTERLINE INTERSECTION OF SOUTH UNION AVENUE AND HOSKING AVENUE, SAID POINT BEING THE POINT OF BEGINNING: PROPOSED ZONE .-2 PARCEL THENCE (1) SOUTH 00°03'48' EAST ALONG THE EAST LINE OF SAID SECTION 31, ALSO BEING THE CENTERLINE OF SAID SOUTH UNION AVENUE, A DISTANCE OF 605.75 FEET TO A POINT HEREINAFTER CALLED POINT "A "; THENCE (2) SOUTH 89 °52W WEST, A DISTANCE OF 673.58 FEET TO A POINT ON THE EAST LINE OF THE WEST 200.00 FEET OF SAID PARCEL 4; THENCE (3) NORTH 00°03'48" WEST ALONG LAST SAID EAST LINE, A DISTANCE OF 605.75 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 31, ALSO BEING THE CENTERLINE OF SAID HOSKING AVENUE; THENCE (4) NORTH 89 °5738" EAST ALONG SAID NORTH LINE OF SECTION 31, AND CENTERLINE OF HOSKING AVENUE, A DISTANCE OF 673.58 TO THE POINT OF BEGINNING. CONTAINING 9.37 ACRES GROSS, MORE OR LESS. PROPOSED ZONE R3 PARCEL COMMENCING AT THE ABOVEMENTIONED POINT "A"; THENCE (1) SOUTH 00°03'48" EAST ALONG THE EAST LINE OF SAID SECTION 31, ALSO BEING THE CENTERLINE OF SAID SOUTH UNION AVENUE, A DISTANCE OF 266.92 FEET TO THE NORTHEAST CORNER OF PARCEL 1 OF PARCEL MAP 10019; THENCE (2) SOUTH 09 °53'19' WEST ALONG THE NORTH LINE OF SAID PARCEL 1 AND THE WESTERLY PROLONGATION THEREOF, A DISTANCE OF 673.58 FEET TO A POINT ON THE EAST LINE OF THE WEST 200.00 FEET OF SAID PARCEL4; O pKF m ORIGINAL THENCE (3) NORTH 00 °0348' WEST ALONG LAST SAID EAST LINE, A DISTANCE OF 266.78 FEET; THENCE (4) NORTH 89 °5036' EAST, A DISTANCE OF 673.58 TO SAID POINT •A ". CONTAINING 4.13 ACRES GROSS, MORE OR LESS. 3-a7-vo;6 ogPKF9m r m ORIGINAL HOSKING — — — — AVENUE — ,—,r— - - — — — — , d C4 m a N PROPOSED ZONING: C -2 n (9.37 ACRES GROSS) I P -j ° I W. 0 � O O Q O I U a e7a5� I 8 80 PARCEL 4 P.M. N0. 10019 1ZN S 9� I 0 = � d ; N89'52'36'E 673.58' I 6; p m PROPOSED ZONING: R -3 a (4.13 ACRES GROSS) s A I N 1 I S89'53'1 91W 673.58' i° PARCEL 1 N ° I P.M. NO. 10019 —4 PARCEL 2 g o P.M. NO. 10019 I I Y° � m Z IS 1 PARCEL 3 r P.M. NO. 10019 I * RCE \cv� -zc MW� \e,wVe4t- crae+v m /nAe w. aE ri,�t° EXHIBIT "B" PROPOSED ZONE CHANGE ou"cE": v"r _e .w PARCEL 4 OF P.M. NO. 10019 POINT OF BEGINNING COR SEC. 31, 30/26 'A' IW Wz la IZ O I� I� IQ N _IJ SCALE 1' =200' 00 e0 o I= 21d St.9Wk ld,MB l > m r [l � GFI °�.N P,L