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Home My WebLink AboutRES NO 106-18RESOLUTION NO. 10 b -1 8 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED AT THE NORTHEAST CORNER OF PANAMA LANE AND SOUTH ALLEN ROAD. (GPA/ZC 18.0032). WHEREAS, McIntosh & Associates for Enconto Gardens, 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 LR (Low Density Residential) to LMR (Low Medium Density Residential) on 17.43 (net) acres located at the northeast corner of Panama Lane and South Allen Road (the "Project"); and and WHEREAS, the City Council adopted a Mitigated Negative Declaration for the Project; WHEREAS, the Planning Commission held a public hearing on June 7, 2018 and approved Resolution No. 45-18, 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. 45-18 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 3,d amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2018 in accordance with Government Code Section 65358 (b). Page 1 of 2 odeAK" T m U C, ORDINAL I HEREBY CERTIFY that the foregoing Resolution was passednV51opted by the Council of the City of Bakersfield at a regular meeting held on JUL 8 itl , by the following vote: ✓ ✓ / ✓ ✓. AYES: COUNCILMEMBER:RIVE GONZALES, WEIR, SMITH, FREEMAN, SULLNAN, PARLIER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: IN ABSENT: COUNCILMEMBER: CHRISTOPHER GERRY I ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL 18 201�0�//" KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map Page 2 of 2 of 9 AKF9,n T o O ORIGINAL Exhibit A General Plan Amendment/Zone Change No. 18.0032 Conditions of Approval PUBLIC WORKS 1. Prior to the City's approval of any construction plans associated with any development project, subdivision, or minor land division within the GPA/ZC area, the developer must submit the following for review and approval by the City Engineer: a. Comprehensive drainage study of the entire drainage area. The City will allow no more than one sump per 80 acres. The sump should be located so that it may be available to serve adjacent areas as they develop. The developer may establish a planned drainage area or provide some other method for the construction of the ultimate drainage facilities satisfactory to the City Engineer. b. A Sewer study. The GPA/ZC area is within the McAllister Ranch Planned Sewer Area (PSA). The developer shall submit a supplemental sewer study to the McAllister Ranch PSA to verify to the City Engineer that the proposed sewer system within the GPA/ZC area is compatible with the McAllister Ranch PSA and the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. For orderly development. 2. Prior to the issuance of any certificates of occupancy for development within the GPA/ZC area, the developer must (a) construct all infrastructure, both public and private, within the boundary of the GPA/ZC area, including, but not limited to, any and all boundary streets, Panama Lane & South Allen Road, to the centerline of the street as required by the City Engineer and (b) construct, and acquire any necessary right-of- way to construct, any off-site infrastructure for Panama Lane & South Allen Road required to support development of the GPA/ZC as determined by the City Engineer. Phasing of the construction of the required infrastructure may be allowed by the City Engineer. Per City Council Resolution 035-13, any development within the GPA/ZC area must comply with the City's "complete streets" policy. For orderly development. 3. Prior to the City's approval of any construction plans associated with any development project, subdivision, or minor land division within the GPA/ZC area, the developer must take all actions necessary to add the GPA/ZC area to the Consolidated Maintenance District ("CMD") and pay all fees for inclusion in the CMD or, if the development is already within the CMD, update the maintenance district documents as provided in Bakersfield Municipal Code section 13.04.021 or as otherwise required by the City Engineer. For orderly development. o``8AKF9� r U p r��jIGIMAI GPA/ZC 18-0032 Conditions of Approval Page 2 4. Prior to the City's approval of any construction plans associated with any development project, subdivision, or minor land division within the GPA/ZC area, the developer must construct, or pay its proportionate share of the estimated cost to construct, the median (currently $100 per linear foot), as determined by the City Engineer, for Panama Lane & South Allen Road frontage of the property within the GPA/ZC area. For orderly development. 5. Prior to the City's issuance of any building permits for construction within the GPA/ZC area, or an earlier time established through conditions of City approval of any subsequent development project, subdivision, or minor land division within the GPA/ZC area, the developer must pay all development fees for the GPA/ZC area including, but not limited to, the adopted regional traffic impact fee, local mitigation fees, any major bridge and thoroughfare district fees, the McAllister Ranch Planned Sewer Area fee and any drainage area fees. For orderly development. 6. Prior to the City's approval of any construction plans associated with any development project, subdivision, or minor land division within the GPA/ZC area, the developer must pay its proportionate share of the cost to form a major bridge and thoroughfare distract, and assist in its formation, for the widening of the South Allen Road crossing of the Buena Vista Canal. 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. o``0AKF9T s f T J C ORIGINAL ORIGINAL