HomeMy WebLinkAboutRES NO 109-19RESOLUTION NO. 1 0 9` 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
SOUTHWEST CORNER OF THE RENFRO ROAD/SANTA FE WAY
INTERSECTION (GPA/ZC NO. 18.0448).
WHEREAS, Hageman Land Partners, LLC representing Frontier Land Partners, 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 R -IA (Resource - Intensive Agriculture) to LI (Light Industrial) on 8.53 acres and an
amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from A
(Agriculture) to M-1 (Light Manufacturing) on 8.53 acres, located on the Southwest corner of
the Renfro Road/Santa Fe Way intersection (the "Project"); and
WHEREAS, the applicant and/or property owner has indicated the purpose of the
Project is to meet market demand for light industrial uses in northwest Bakersfield and to
provide a buffer between future residential development to the south of the site and the
existing railroad line to the north; 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 June 6, 2019, and
approved Resolution No. 62-19, 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. 62-19 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 incorporate
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herein.
5. The Project approved herein is hereby made part of the 2^6 amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan for calendar year
2019 in accordance with Government Code Section 65358 (b).
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I HEREBY CERTIFY that the foregoing Resolution was possedJpnd Adapted by the
Council of the City of Bakersfield at a regular meeting held on 1111LL 77 // ZZ 99 ,
by the following vote:
✓
® ✓ ✓ ✓ ✓
COUNCILMEMBER: RIVERA, GONZALES, WEIR, SP 414 FREEMAN. SULLIVAN. PARLI ER
N COUNCILMEMBER:
ABSTAI COUNCILMEMBER:
T: COUNCILMEMBER: f IOCSQ .
IAAAAA� M
JU IE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED JUL 17 7019
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
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JORIGNAL
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 18-0448
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 Santa Fe Way 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 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
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. o�gAKF9t
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ORIGINAL
Exhibit A
GPA/ZC No. 18-0448
Page 2
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. The developer shall be informed a grade separation project is being planned for the
crossing of Renfro Road over Santa Fe Way. The applicant shall coordinate with the
grade separation district and the City concerning the amount of right-of-way that is
needed for necessary grade separation improvements and be prepared to dedicate
adequate right-of-way for such improvements which are not entirely known at present.
For orderly development
PLANNING
7. The development project will be capped at 50,000 square feet of allowed light industrial
buildings on the subject project site per the maximum -intensity scenario analyzed in the
project's California Environmental Quality Act documentation.
For orderly development
8. 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
9. Prior to issuance of building permits, the applicant/developer shall provide written proof to
the Planning Division that inactive oil wells located at the project site have been tested
and abandoned per current Division of Oil, Gas, and Geothermal Resources'
requirements.
For orderly development
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ORIGNAL�
Exhibit A
GPA/ZC No. 18-0448
Page 3
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.
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