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HomeMy WebLinkAboutRES NO 104-18RESOLUTION NO. 104 — 1 8 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED ALONG THE NORTH SIDE OF McCUTCHEN ROAD, APPROXIMATELY 1,300 FEET WEST OF ASHE ROAD. (GPA/ZC NO. 17.0354). WHEREAS, Moran Development Company for Beech A/C Properties, LLC, filed an application with the City of Bakersfield Development Services Department requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from LMR (Low Medium Density Residential) to HMR (High Medium Density Residential) on 38.01 acres located along the north side of McCutchen Road, approximately 1,300 feet west of Ashe Road (the "Project"); and WHEREAS, the City Council adopted a Mitigated Negative Declaration for the Project; and WHEREAS, the Planning Commission held a public hearing on June 7, 2018, and approved Resolution No. 39-18, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, July 18, 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, Mitigated 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. 39-18 are hereby adopted. 3. The Project is subject to mitigation measures found within the adopted Mitigated 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 3rd amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2018 in accordance with Government Code Section 65358 (b). --------000------- k RAKF9 Page 1 of 2 F m J p ©91911NAL 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 18 2018 by the following vote: j AYES'. COUNCILMEMBER'.-R�IV�ERA GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES COUNCILMEMBER ABSTAIN. COUNCILMEMBER. rl ABSENT: COUNCILMEMBER: T] C14RISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL 18 2018 49, don KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: f RICHARD IGER Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map Page 2 of 2 o�0AKF9J' T F O O (]PIpIMwt EXHIBIT A CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 17-0354 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 (N a tentative subdivision map over the entire GPA area is submitted, than these conditions can be met with the map): a. Provide fully executed dedication for Reliance Drive and Berkshire Rood(s) to 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 area is submitted, dedication can be provided with the map. b. This GPA area is foo small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPA area must be included within the drainage area of an adjoining property. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. Previously submitted study for TR 6875 was not completed. 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. For orderly development. Sewer service must be provided to the GPA area. a. 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 City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. Submit verification to the City Engineer of the exiistina sewer system's capability to accept the additional flows to be generated through development under the new land use. b. Pay sewer capacity mitigation fees equal to $350 per dwelling unit above the number of units allowed per acre under the current land use. For orderly development. 3. Developer is responsible for the construction of all Infrastructure, both public and private, within the boundary of the GPA 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 and all infrastructure will be addressed at the subdivision map stage. For orderly development. of gAKF9N 0 m v C ORIGINAL. GPA /ZC No. 17-0354 Conditions of Approval Page 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 5. Per Resolution 035-13, the area within the GPA shall implement and comply with the "complete streets" policy. For orderly development 6. Access to the project area from Ashe Road at Berkshire 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 a collector road, with 6 foot -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 the developer 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. For orderly development 7. If the project is phased, 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. 8. The development is required to pay into the adopted Regional Traffic Impact Fee fixed- rate program. For orderly development City Attorney 9. 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. ORIQINAL GPA /ZC No. 17-0354 Conditions of Approval Page 3 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. S:\AdvancePlannlng\07-GPAS\0l Active\2018\Q3\17-0354\EXHIBIT A _ GPA 7C conditions.doc o`` 0AKF9m a T O C OPlaINAL