The URL can be used to link to this page

Home My WebLink AboutRES NO 113-19RESOLUTION NO. 11 7.3 - 19 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT 1720 PLANZ ROAD, BAKERSFIELD, CALIFORNIA 93304 (GPA/ZC NO. 19- 0039). WHEREAS, Tanya Lopez submitted an application with the City of Bakersfield requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from HR (High Density Residential) to GC (General Commercial) on 0.64 acres and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R -S (Residential Suburban), R-3 (Multiple Family Dwelling), R-4 (High Density Multiple Family Dwelling), and C-2 (Regional Commercial) to only C-2 on 0.64 acres, located at 1720 Planz Road, Bakersfield, California 93304 (the "Project"); and WHEREAS, the City Council adopted a Notice of Exemption for the Project; and WHEREAS, the Planning Commission held a public hearing on June 6, 2019, and approved Resolution No. 68-19, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, June 6, 2019 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxiun 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, 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. 68-19 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 3"d 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-- Page 1 of 2 o eAKF9m T r m J ORIG NALL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on I(IL 17 7019 , by the following vote: AVE : COUNCILMEMBER: RIVERA, WNZ S, WEIR, SMITH, FREEMAN, SULLNAN, PARLIER COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMSER: JU E 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: -/Z, Gam"" RICHARD IGER Deputy City Attorney Exhibit: A Conditions of Approval B General Plan Amendment Map � gAKF9 Page 2 of 2 ° T M ORIGWAP CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 19-0039 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. Site drainage study, which will assure that appropriate site drainage will be provided to the entire GPA/ZC area. b. Sewer verification, which will assure that appropriate sewer service will be provided to the entire GPA/ZC area. 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 reconstruct or repair street improvements along the GPA/ZC frontage to adopted City standards as directed by the City Engineer. 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. For orderly development 4. 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. CITY ATTORNEY 5. 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 oIAK of F9N r r m J ORIGINAP GPA /ZC No. 19-0039 Conditions of Approval Page 2 them, before administrative or judicial tribunals of any kind whatsoever, in anyway 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. SNAdvance Planning\07_GPAs\01Acfl a\2019\Q3\19-0039\Res_Ord\01 PC\ExHIBIT_Conditions.docz oR gAHe9s ? m I- in U ORIGMN z 0QJQN '€`.�y% s{�is 8 e` 55 8 °spm ea pxie e4[[�3e >gaEyp p�" /yy 0 y'�` yz`¢i 6a{^r+3'; 2 gi� «ip¢g{s8a6FW J z mel Rg��,s€�35gg9�e#m:a��A?Egg "eN u �wegSa9"a =' a��';?aa�g$ggggigS6¢g��€§� m�6 m 5�3 x FY3Y8�aPaB'k%88�e R� «aprata 0 w rwws sWNX«a J rc ¢ J � � MI6. s � 8 � 5 � $ '3 � o � (2:11 15 ISIS MIS O {{ pj C� WNW Z 15X5 f0 O O e�e O x x S � i rc rc B1rL N«MMb - Otl XIwwM 2 W E B NYNYXYI 3 IS I�W9W S T K YM+ o Q W 1661wW3 ISwNOI )M 0 K 1 QJ W n C-3 y g 5 olwMlu Q r 5 rc a �gAi C3— U [,7 BxoNl�� ORIG