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HomeMy WebLinkAboutRES NO 111-19RESOLUTION NO. 11 1- 19 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 SOUTHEAST CORNER OF THE SOUTH H STREET AND HOSKING AVENUE INTERSECTION (GPA/ZC NO. 18.0057). WHEREAS, DeWalt Corporation for Daniel and Susan Duncan, 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 GC (General Commercial) on 12.97 acres and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 12.97 acres, located generally on the southeast corner of the South H Street and Hosking Avenue intersection (the "Project"); and WHEREAS, the applicant and/or property owner has indicated the purpose of the Project is for the development of commercial uses including a fast food restaurant, convenience store with a gas station and car wash, and a mini -storage facility on 12.97 gross acres; 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. 65-19, 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. 65-19 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 �gAKF9 Page 1 of 2 o NT rn J O ORIGNAL 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 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---- I HEREBY CERTIFY that the foregoing Resolution was passed i S�2001 by by the JBi Council of the City of Bakersfield at a regular meeting held on UL // 1199 , by the following vote: YE ' COUNCILMEMBER: RBIERA OO LES, WEIR, SMITH, FREEMAN, SULLIVAN. PARUER S: COUNCILMEMBER: Norut ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: q- YIAIAL YLYYW��j JOUE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL 111019 b 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 1�gAKF9 Page 2 of 2 T r m J ORIGNAP CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 18-0457 PUBLIC WORKS Prior to the City's approval of any construction plans associated with any development project, subdivision, or minor land division within the General Plan Amendment/Zone Change (GPA/ZC) area, the developer must submit the following for review and approval by the City Engineer: a. Fully executed dedication for Hosking Avenue and South H Street to arterial standards, and Astor Avenue 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. No public access will be allowed through Astor Avenue to the GPA/ZC area. The project shall dedicate additional R/W for the expanded intersection of Hosking Avenue and South H Street. 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 oversi ing 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. The project shall construct all sheet improvements along project frontage on Hosking Avenue and South H Street per City Standards including curb and gutter, street paving, drainage improvements, sidewalk, and street lights. The project shall construct the intersection of Hosking Avenue and South H Street to its ultimate expanded intersection layout along the project frontage. A second access entry to the GPA/ZC area will be subject to Public Work's and Fire Department's approval. If access entry is required or desired from South H Street, that access must satisfy canal owneeTgspKF9 T r 7 O ORIG,NAL GPA RC No. 1"457 Conditions of Approval Page 2 requirements and include right -tum storage lane requirements from South H Street, an arterial. For orderly development 3. Prior to the City's approval of any construction plans associated with any development project or subdivision, 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), 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 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 GPARC: area, including South H Street. For orderly development 6. 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. PLANNING For orderly development 7. Upon approval of this GPA request by the City, the applicant/property owner (and successor owners) shall submit a letter to the Planning Director that relinquishes and voids all rights and entitlements to all previously approved tentative subdivisions (Tentative Tract Map #6551). o``0pKF9� � m r uORIGAAL GPA /ZC No. 18-0457 Conditions of Approval Page 3 CITY ATTORNEY 8. 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 indemnity, 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 PWnning\07_GPM\01 Active\2019\Q3\180457\Res_0rd\01_PC\EXHI6IT_ Conditions.docx o�0AKF9m � T r rn J r ORIG;NALL 9 000 '