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HomeMy WebLinkAboutRES NO 016-18RESOLUTION NO. 0 16- 18 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL UPHOLDING THE APPEAL AND APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED AT THE SOUTHEAST CORNER OF TAFT HIGHWAY (SR 119) AND ASHE ROAD. (GPA/ZC NO. 17.0212). WHEREAS, McIntosh & Associates for Gurmehar Enterprises, Inc./Dr. Matab Singh, 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) to GC (General Commercial) on 5.68 acres located at the southeast corner of Taft Highway (SR 119) and Ashe Road (the "Project"); and WHEREAS, the Planning Commission held a public hearing on September 7, 2017, and approved Resolution No. 27-17, which recommended that the City Council deny the Project; and WHEREAS, McIntosh & Associates, on behalf of Gurmehar Enterprises, Inc./Dr. Matab Singh, the property owner, filed an appeal with the City Clerk on September 13, 2017 on the Planning Commission recommendation to deny 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 appeal 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 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 27-17 are hereby overturned. 3. The City Council hereby upholds the applicant's appeal. 4. The City Council hereby approves General Plan Amendment No. 17-0212. ----000------ Page 1 of 2 oF0AKF9 NT � m U 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 FFR 77018 , by the following vote: ✓ ✓ ✓ ✓ ✓ V AVES' COUNCILMEMBER: RIVERA, GONZALES, WNR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCILMEMBER: fNo. fA ABS AIN'. COUNCILMEMBER: \Alt'f SEN COUNCILMEMBER: y.,.LlY C RISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVE m �Iv KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attor �/�/ By: `--Y ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B Location Map DL: S:\GPAs\GPA 4th 201 ]\ I7 0212\Res Ord\CC Resolution GPA.docx Page 2 of 2 o``0AKF9� T � m U p PnIQINA� Exhibit A Conditions of Approval General Plan Amendment No. 17.0212 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, then these conditions can be met with the map): Provide fully executed dedication for Taft Highway per City of Bakersfield Policy Resolution 063-12 standards and policies, and Ashe Road to arterial 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 preliminary 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. It appears commercial driveway access may not meet City Standards given the short frontage lengths on Taft Highway and Ashe Road. Please provide a current Site Plan. C. 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. Or Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 1 sump may be utilized to serve this area; this sump should be located so that it 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. d. 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. This sewer line must necessarily be sized to serve a much larger area that the project area. The GPA/ZC area is within the Curnow Planned Sewer AreajPSAj. The developer shall be responsible for payment of the Curnow PSA fee, based upon the type of development proposed. Developer is to verify to the City Engineer of the existing o�`eAHF9,n � m � O ORIGINAL GPA/ZC 17-0212 Conditions of Approval Page 2 sewer systems' capability to accept the additional flows to be generated through development under the new land use and zoning. e. If the developer wishes to phase the required offsite improvements, 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. f. 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 GPA/ZC 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 3. Payment of the proportionate share of the cost of the median for the arterial frontage of the properly within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for 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. Access to the project area from Ashe Road is provided by a sub -standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 36 feet of paving meeting City design standards for an arterial road, with 6' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up -front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. o``0pKF9� T � m 0 U O QRIQINAl- GPA/zC 17-0212 Conditions of Approval Page 3 For orderly development 6. The Taft Highway crossing of the Kern Delta Farmer's Canal needs widening. Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings. For orderly development 7. The development is required to pay into the adopted Regional Traffic Impact Fee (RTIF) fixed rate program. The development is entitled to reimbursement of applicable RTIF fees for developer funded construction of RTIF improvements after the identified improvements have been accepted by the City. For orderly development Plannina 8. Upon approval of GPA No. 17-0212, either all entitlements related to Vesting Tentative Tract Map 6969 shall immediately become void, or the developer shall obtain approval of a revised tentative tract map on the GPA site. A final map for the original Tract 6969 may not record. Prior to development of the site with any permitted or conditionally permitted use, a new tentative subdivision map may be required under BMC Title 16, Subdivisions. For orderly development City Council 9. The following conditions are required with development of the site; • Direct access to the commercial site must be provided. No vehicle access is permitted between the commercial and residential development. • A 30 foot -wide enhanced commercial landscaping strip is required along Ashe Road and Taft Highway. For orderly development. City Attorney 10. 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 9RIgINAL, GPA/ZC 17-0212 Conditions of Approval Page 4 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. o48 AKF* � STP U O PRIOINA4 0 k § , 4§ �,��� w ` ! , § " M. » . ! ; � �C / & Kzew�Re©j�J®22§JJCz§©R` , ;;,!`.:•,_,.;,_,,. �. 1,,, , §®!1zo,� \ „ §!�/§ '1 / |G F© § 9, / ! © <#(§i