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Home My WebLink AboutRES NO 056-19RESOLUTION NO. 05 6_ 19 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED ON THE EAST SIDE OF UNION AVENUE ABOUT 440 FEET NORTH OF EAST BERKSHIRE ROAD AND SOUTH OF, AND ADJACENT TO, THE ARVIN- EDISON CANAL (GPA/ZC NO. 18-0278). WHEREAS, Swanson Engineering, Inc. for Dr. Victor Kitt, 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 HMR (High Medium Density Residential) on 21.14 acres and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 21.14 acres, located on the east side of Union Avenue about 440 feet north of east Berkshire Road and south of, and adjacent to, the Arvin -Edison Canal (the "Project"); and WHEREAS, an initial study was conducted and it was determined that the Project would not, with implementation of mitigation, have a significant effect on the environment: therefore, a Mitigated Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA): and WHEREAS, the City Council adopted a Mitigated Negative Declaration for the Project; and WHEREAS, the Planning Commission held a public hearing on March 7, 2019, and approved Resolution No. 34-19, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, April 10, 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 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. 34-19 are hereby adopted. The Project is subject to mitigation measures found within the adopted Mitigated Negative Declaration for the Project. gPKF 0 Page 1 of 2 fn 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 2^d amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2019 in accordance with Government Code Section 65358 jbj. -------000-------- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on APR 10 2019 , by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ YE COUNCILMEMBER: RIVER4, GOWALES, w R. SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER: OY� ABSTAIN: COUNCILMEMBER: SE COUNCILMEMBER'. W JUDE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 10 2019 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 OPr,F Page 2 of 2 u CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 18-0278 PUBLIC WORKS 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 S. Union Avenue to arterial 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. 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. c. Sewer study, which will assure that appropriate sewer service will be provided to the entirety of the GPA/ZC area. The GPA/ZC area is already within the Panama Union Planned Sewer Area. The developer will be responsible for payment of applicable fees for the PSA. The developer will be responsible for the extension of the sewer line to serve the GPA/ZC area. This sewer line may need to 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. The sewer study must provide evidence the existing sewer system will not be impacted by the increased development intensity proposed for the GPA/ZC. If the existing sewer system cannot accommodate the increased development intensity, then additional sewer main extensions may be required to serve the proposed GPA/ZC. 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. The developer shall construct road widening, curb, gutter, and sidewalk improvements along the east side of Union Avenue over the Arvin -Edison Canal to the existing improvements on the north side of the said canal. For orderly development 0 0p^ "di\L Exhibit A GPA/ZC No. 18-0278 Page 2 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 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 or City -Engineer approved estimate), as determined by the City Engineer, for the arterial 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 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 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 district, and assist in its formation, for the widening of Berkshire Road crossing of the Central Branch Canal and pay its proportionate share of the cost to construct said District improvements. For orderly development 7. 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 district, and assist in its formation, for the widening of the Madison Street crossing of the Arvin - Edison Canal and pay its proportionate share of the cost to construct said District improvements. For orderly development PLANNING 8. The development project will be capped at 134 total dwelling units on the subject project site. gF�A9, r. C r J O Exhibit A GPARC No. 18-0278 Page 3 For orderly development 9. Prior to the issuance of building permits, the applicant/developer shall provide proof to the Planning Division of annexation into the Greenfield County Water District service area. 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 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. 5:\Advance Planning\07_GPAs\01 Active\2019\Q2\18-0278\Res_Ord\01 PC\EXHIBIT_ Conditions.docx pl I %5 85� o n ISI �s a � e J Il tlreollx J AtlM YXXY11tl5 � 3AV Nomn S u IS OAIYtltlll awi lsxoNoill LJ � m L\ J W Z S E N O - 1 co W c � Y C- m N o %' cm— C:7 U 150Y30YM rc J Il tlreollx J AtlM YXXY11tl5 � 3AV Nomn S up LJ �