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Home My WebLink AboutRES NO 107-19RESOLUTION NO. 107- 1 9 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED ON THE NORTHWEST CORNER OF THE COTTONWOOD ROAD/EAST PLANZ ROAD INTERSECTION (GPA/ZC NO. 18-0366). WHEREAS, Gilmor Construction, Inc. for Ali Alnajar, 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 GC (General Commercial) on 0.66 acres and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-2 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) on 0.66 acres, located generally on the northwest corner of the Cottonwood Road/East Planz Road intersection (the "Project"); and WHEREAS, the applicant and/or property owner has indicated the purpose of the Project is for the development of a one-story gas station with convenience store and quick service restaurant on the entirely of APN 170-200-15, which is a total of 1.05 gross acres in size and includes the 0.66 acres proposed in this GPA/ZC request; and WHEREAS, the City Council adopted a Mitigated Negative Declaration with mitigation measures for the Project; and WHEREAS, the Planning Commission held a public hearing on March 7, 2019, and approved Resolution No. 59-19, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, July 17, 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. 59-19 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 o� gAl(,9N Page 1 of 2 r J ORIG NAL herein. 5. The Project approved herein is hereby made part of the 2nd amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2019 in accordance with Government Code Section 65358 (b). -------000------- 1 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 17 2019 , by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN. PARLIER Flom COUNCILMEMBER:R ABSTAIN: COUNCILMEMBER UKVL ABSENT: COUNCILMEMBER: YK7f\9.- I'W &0I4W JUILIt DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL 17 2019 002 io� 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 O�eAKF9n Page 2 of 2 J ORIGINAL CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 18.0366 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 Cottonwood Road to arterial standards and Planz Road to collector standards and Oliver Street to local 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. The project shall dedicate required additional R/W for the expanded intersection of Cottonwood Road with E. Planz Road. 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 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 03513, any development within the GPA/ZC area must comply with the City's "complete streets" policy. The project shall construct to City Standards all street improvements along project frontage on Cottonwood Road, E. Planz Road, and Oliver Street including curb and gutter, street paving, drainage improvements, sidewalk, and street lights. The project shall construct the intersection of Cottonwood Road and E. Planz Road to its ultimate expanded intersection layout along project frontage. For orderly development of 6AK49 dI > T r m J01I GNAL(-I Exhibit A GPA/ZC No. 18-0366 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 as determined by a 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. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in Tables 6 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares from the study as follows: • Cottonwood Rd/Watts Drive intersection—Add Signal NBL, NBR; SBL, SBR, 4.93% share fNB - north bound, SB - south bound, WB - west bound, EB - east bound, L - Left turn lane, T - Through lane, R - Right turn lane). 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 o gAHF9s m > m 0 ORIGNAL Exhibit A GPA/ZC No. IM366 Page 3 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. 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