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Home My WebLink AboutRES NO 017-2020RESOLUTION NO. 01 7— 2 02 0 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT 7301 SOUTH UNION AVENUE, BAKERSFIELD, CA 93307 (GPA NO. 19- 0158). WHEREAS, Swanson Engineering is 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 2.31 acres for consistency with the existing C-2 (Regional Commercial) zoning, located at 7301 South Union Avenue, Bakersfield, California 93307 (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 December 5, 2019, and approved Resolution No. 119-19, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, February 19, 2020 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, 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. 119-19 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 1 st amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2020 in accordance with Government Code Section 65358 (b). ---------000-------- Page 1 of 2 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on FEB 19 2020 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ AYES: COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCILMEMBER: t -+.A, ABSTAIN: COUNCILMEMBER: AISnsL- ABSENT: COUNCILMEMBER: 14,J A - JULIE DRIMAKIS, CMC CITY CLERK and Ex=Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 19 2020 �;;K si�& KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney Exhibit: A Conditions of Approval B General Plan Amendment Map Page 2 of 2 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT (GPA) NO. 19-0158 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 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 and Berkshire Road to collector standards for the full frontage of the GPA area, unless otherwise approved by the City Engineer, if not already dedicated. 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 S. Union Avenue with Berkshire Road. b. Comprehensive drainage study of the GPA area is to be submitted for approval by the City of Bakersfield Public Works Department Subdivision section. The drainage including the frontage for the GPA area, and offsite frontage is to be retained onsite and shall be privately maintained. Provide flowage and drainage easements as needed are to be provided prior to the recording of any final map or issuance of any certificates of occupancy for development within the GPA area, whichever is earlier. C. Sewer study, which will assure that appropriate sewer service will be provided to the entire GPA area. The developer will be responsible for the initial extension of the sewer line to serve the GPA 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. The sewer study must provide evidence the existing sewer system will not be impacted by the increased development intensity proposed for the GPA. If the existing sewer system cannot accommodate the increased development intensity, then sewer main upsizing or additional parallel sewer mains may be required to serve the proposed GPA. A design study shall be provided to propose sewer mitigation alternatives in case of insufficient capacity of the existing system. For orderly development 2. Prior to recording of any final map or issuance of any certificates of occupancy for development within the GPA area, whichever is earlier, the developer must (a) construct all infrastructure, both public and private, within the boundary of the GPA 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 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 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 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 area. 'v c, ORIUGII AL GPA No. 19-0158 Conditions of Approval 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 area, the developer must take all actions necessary to add the GPA 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 Prior to the City's issuance of any building permits for construction within the GPA area, or an earlier time established through conditions of a subsequent City -approved subsequent development project, subdivision, or minor land division within the GPA area, the developer must pay all development fees for the GPA 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 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. 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 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. S:\Advance Planning\07_GPAs\01_Active\2020\Q1\19-0158\Res_Ord\01_PC\EXHIBIT_Conditions_IP.docx >_ r= i i1r�I��h:�L GPA 19-0150 CITY OF BAKERSFIELD a 0 - JERVIS CT LR LR LR LR DIGGES LN ,a -- LR LMR LMR I I HC I LR DONCASTER LR -TELFORD PS PS ARV/N- DI ON ANA • /aIle Verde HMR Elementary $Ci1001 BERKSHIRE RD . LR MINNATREELN - a LR LR LAKE VALLEY DR= LR e•:. ,_ _, •,- 4 - LAZY RIVER LN 3 LR LR o _. GINGER SNAP LN., LR LR L HMR - KINTBURY AVE HMR R HMR HMR FROM: LR TO: GC o z GC LR GC LR ACOMA ST . GC ' - BANNOCK ST -+ � • , LR GC SCARLETFIRE DR - .. 3 i Y 0, HMR a 3 LR z -AMBURKETWAY LR -MIDNIGHTCT o LR.�FV HMR ER RD LR TAMESIDE LR AVE LR L_ NEW ZEALAND HMR LAR BI ORA BORA LR a ER E BERKSHIRE+RD .- . .- . 3 LR ELR SR RUSHCUTTERS BAY DR• SI SI SR LR LR VANCLUSEBAYDR-- LR LR DARLING POINT DR= LR LR . „ WOOLRICH BAY DR• — = 1 LR LR WELCH AVE' - .. _ •WELCH AVE 3 LR LR L f SI FORT•DENISONAVE•• MII o HARB LRm LR o LR LR o �R LEGEND (GENERAL PLAN LAND USE) RR Rural Residential 2.5 gross acres/dwelling unit . ER Estate Residential I dwelling unit/net acre SR Suburban Residential 54 dwelling units/net acre SR/LR County: 5 4 dwelling units/net acre City: 5 7.26 dwelling units/net acre LR Low Density Residential S 7.26 dwelling units/net acre LMR Low Medium Density Residential > 4 but 510 dwelling units/net acre HMR High Medium Density Residential >7.26 units but 517.42 dwelling units/net acre HR High Density Residential >17.42 units but 572.6 dwelling units/net acre HC Highway Commercial GC General Commercial MC Major Commercial OC Office Commercial MUC Mixed Use Commercial LI Light Industrial SI Service Industriol HI Heavy Industrial P Public Facilities PS Public/Private Schools PT Public Transportation Corridors P -SW Solid Waste Facilities OS Open Space OS -P Parks and Recreation OS -S Slopes exceeding 30% R -IA Resource - Intensive Agriculture 20 acre minimum parcel size R -EA Resource - Extensive Agriculture 20 acre minimum parcel size 80 acre min (Williamson Act) R -MP Resource - Minerals & Petroleum 5 acre minimum parcel size UER Urban Estate Residential Western Rosedale Plan - 0.5 acre net minimum parcel size WM West Ming Specific Plan 0.. . . ..., BAKERSFIELD nesaum ave-0.gV'* N A US Feet 0 200 400 Document Name: 20190906 GPAs