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Home My WebLink AboutRES NO 015-18RESOLUTION NO. 0 1 5. 1 8 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED GENERALLY SOUTH OF CHASE AVENUE AND EAST OF KERN CANYON ROAD (SR 184). (GPA/ZC NO.17-0356). WHEREAS, DeWalt Engineering for Rex Martin, 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 LMR (Low Medium Density Residential), HMR (High Medium Density Residential), and OS Open Space) to LR (Low Density Residential) on 40 acres located general south of Chase Avenue and east of Kern Canyon Road (SR 184) (the "Project"); and WHEREAS, the City Council adopted a Mitigated Negative Declaration with mitigation measures for the Project; and WHEREAS, the Planning Commission held a public hearing on December 7, 2017, and approved Resolution No. 44-17, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, February 21, 2018 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. 44-17 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 I0 amendment to the Land Use Element of the Metropolitan Bakersfield General Pion for calendar year 2018 in accordance with Government Code Section 65358 (b). M Page 1 of 2 � pPioiH�� 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 FEB 2 17019 , by the following vote: AVE COUNCILMEMBER: gyEjjA GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER S: COUNCILMEMBER: LI IJ IVC COUNCILMEMBER: BSEN COUNCILMEMBER:� V 4 CHRISTOPHER ERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED 14644 �w&- KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attor y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map OAKF Page 2 of 2 ok 9sT Z5 O b QRIQINAI EXHIBIT A CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE 17.0356 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 (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 Daytona Drive and Jaunt Avenue to collector standards for the full frontage of the area within the GPA/ZC 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. b. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than one (1) sump may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPA/ZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. This GPA/ZC is within the Breckenridge Planned Drainage Area (PDA). Development and construction of drainage facilities shall be in conformance with the approved PDA. c. Submit a comprehensive sewer study including 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. The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. e. 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. 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/ZC 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. o�0AKF9s U P.nIgIyA6 GPA/ZC 17-0356 Conditions of Approval Page 2 3. This GPA/ZC area with the Breckenridge Planned Drainage Area and the developer shall pay the Breckenridge Planned Drainage Area Fee prior to the recording of a final map within the GPA/ZC area. For orderly development. 4. Per Resolution 035-13, the area within the GPA/ZC shall implement and comply with the "complete streets" policy For orderly development. 5. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development PLANNING 6. Development of the site shall be limited to a maximum of 163 single-family dwelling units. For orderly development. CITY ATTORNEY 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. 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