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Home My WebLink AboutRES NO 016-19RESOLUTION NO. 0 1 6- 19 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE SOUTHEAST CORNER OF THE PANAMA LANE/RELIANCE DRIVE INTERSECTION (GPA NO. 18-0349). WHEREAS, McIntosh & Associates, representing Panama Lane 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 24.33 acres located at the southeast corner of the Panama Lane/Reliance Drive intersection (the "Project"); and WHEREAS, On April 11, 2018, the City Council, based on the recommendation of the Planning Commission, adopted the Mitigated Negative Declaration (MND) for General Plan Amendment/Zone Change (GPA/ZC) No. 17-0363 and unanimously approved the Project, and the City filed a Notice of Determination for the Project with the County Clerk on April 12, 2018 for GPA/ZC No. 17-0363; and WHEREAS, subsequent to processing GPA/ZC No. 17-0363, the applicant determined that the approved General Plan designation of LMR on 24.33 acres located on the southeast corner of the Panama Lane/Reliance Drive intersection obtained through the previous GPA/ZC process does not provide the necessary dwelling unit density anticipated for the development of the Project site. Therefore, the applicant is now requesting this GPA No. 18-0349, which changes the land use designation at the site from LMR to HMR on the same 24.33 -acre site with a cap of 89 duplexes (178 dwelling units); and WHEREAS, the previous MND for GPA/ZC No. 17-0363 analyzed the environmental impacts of developing a maximum of 243 dwelling units and therefore, GPA No. 18-0349 would not result in environmental effects greater than what was already analyzed in the MND for GPA/ZC No. 17-0363; WHEREAS, the applicant has provided a Reaffirmation Memorandum (see attached) where it is reaffirmed "that the analyses, conclusions, [and] proposed mitigation measures ... for the previous GPA/ZC [No.] 17-0363 are still valid for the current application GPA No. 18-0349;" and WHEREAS, the City Council adopted an Addendum to the Mitigated Negative Declaration for the Project; and WHEREAS, the Planning Commission held a public hearing on December 6, 2018, and approved Resolution No. 112-18, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, January 23, 2019 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 0AKF9 Page 1 of 3 011 sT > m r uORIGINAL 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, Addendum to the 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. 112-18 are hereby adopted. 3. 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. 4. The Project approved herein is hereby made part of the 2n6 amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2019 in accordance with Government Code Section 65358 (b). ------o0o-------- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on 1AN 2 3 2019 by the following vote: ✓ ✓ ✓ ✓ ✓ �IE YES: COUNCILMEMBER'. RIVERA, GONZALES, WEIR, SMITH, FMMI REE, SULLIVAN, EARLIER COUNCILMEMBER'. ABT INT: COUNCILMEMBER: BS INT: COUNCILMEMBER: ` rYN¢>` APPROVED JAN 2 3 2019 KARE i 41** MAYOR of the City of Bakersfield APPROVED as to form: a LIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Page 2 of 3 �$M,"p o r JORIGINAL VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map Page 3 of 3 gAKF o`� 9sT M o uORIGINAL EXHIBIT A CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 18-0349 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. Fully executed dedication for Reliance Drive, Panama Lane, and Cactus Patch Drive to City Standards for the full frontage of the GPA/ZC area, unless otherwise approved by the City Engineer. Dedications must include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. For orderly development b. 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. For orderly development C. Sewer study, which will assure that appropriate sewer service will be provided to the entirety of the GPA/ZC area. The developer will be responsible for the initial extension of the sewer line to serve the GPA/ZC area. This sewer line may be sized to serve a much larger area than the project area as directed by the City Engineer. The developer may also form a planned sewer area to provide a mechanism for the reimbursement of oversizing costs to the developer. For orderly development 2. Prior to the recording of any final map or issuance of any certificates of occupancy for development within the GPA/ZC area, whichever is earlier, 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 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 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 0pKF a 9sT � m ORIGINAL GPA No. 18-0349 Conditions of Approval Page 2 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 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 in Panama Lane (currently $100 per linear foot), as determined by the City Engineer, for the arterial frontage of the property within the GPA/ZC area in accordance with Section 5.3.1.1.1a of the Subdivision and Engineering Design Manual. 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 a subsequent City -approved 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, and any planned sewer and drainage area fees. For orderly development PLANNING 6. Prior to site plan approval, the applicant/developer shall submit site plans to Planning Division that explicitly states that the development of the 24.33 -acre project site shall be capped at 178 dwelling units dor 89 duplexes). For orderly development CITY ATTORNEY 7. 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 orjudicial 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. �gAKF9 o s J oBlcln�.� GPA No. 18-0349 Conditions of Approval Page 3 5:\Advance Planning\01 GPAS\01 Active\2019\01\I8-0349\Res_Ofd\Ol PC\EXHI BIT A CondWons_v2.docx �AKF9 o sT r m p uORIGINAL y p tl05XY0 XIMl p e� / e i p x p bprr3J3X01 p 0 NIIgOb ISb)gN10)tl O� W UN00 Otl OB 3XIE LL o � m m � .�Utlaxaxq LL � - d `'l U bYpJl bMlYlrb K . K ---------------- -------------------- 2. J - g5 F5 r � Z sE S s a 5 E av a o5q ; x R 2 gQ W 3dE SY SE F -y 5 3 aEE $E m LL n QJQ w 5 . -gas 3°wxa@. W Z $3 -8 ix QEB4 exg55sFE Ns. 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