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Home My WebLink AboutRES NO 122-2020RESOLUTION NO. 42 2 ®Z RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE NORTHEAST CORNER OF THE TAFT HIGHWAY/SOUTH H STREET INTERSECTION, BAKERSFIELD, CALIFORNIA 93307 (GPA/ZC NO. 19- 0292). WHEREAS, Lane Engineers, Inc., representing Elmer F. Karpe, Inc. (property owner), submitted an application with the City of Bakersfield requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from GC (General Commercial) to LI (Light Industrial) on approximately 20.55 gross acres (17.65 net acres) and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from C-2 (Regional Commercial) to M-1 (Light Manufacturing) on approximately 20.55 gross acres (17.65 net acres) located at the northeast corner of the Taft Highway/South H Street intersection, Bakersfield, California 93307 (the "Project"); and WHEREAS, the City Council adopted a Mitigated Negative Declaration for the Project; and WHEREAS, the Planning Commission held a public hearing on June 18, 2020, and approved Resolution No. 29-20, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, July 15, 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. 29-20 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 3rd amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2020 in accordance with Government Code Section 65358 (b). Page 1 of 2 � r - c7 � OXG-NA_ --------- ODO-------- 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 JUL 15 2020 by the following vote:Vj J J ROE- COUNCILMEMBER: -R+VE bT, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCILMEMBER: NONE AB COUNCILMEMBER: BSENP COUNCILMEMBER: IVF. _ r JU IE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL 15 �d�Q \-A 144 ItA/ KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attor ey By, IRIDIANA L O -KING Deputy City Attorney Exhibit: A Conditions of Approval B General Plan Amendment Map Page 2 of 2 F, r - c7 U OR G;RAL CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 19-0292 .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 Taft Hwy and South H Street to arterial standards for the full frontage of the GPA/ZC 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. Relocate and reconstruct the existing traffic signal at NEC of Taft Hwy and South H Street including canal headwall to the ultimate locations. b. Comprehensive drainage study of the GPA/ZC 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/ZC 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/ZC 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. This GPA/ZC area is within the Curnow Planned Sewer Area (Resolution 213- 07). Any fees associated with the Curnow Planned Sewer Area are to be paid for the entire GPA/ZC area with the first Building Permit issued. 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 for Taft Hwy and South H. Street 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 Coun (�il,K1 9 " r- 7 GPA /ZC No. 19-0292 Conditions of Approval Page 2 Resolution 035-13, any development within the GPA area must comply' with the City's "complete streets" policy. For orderly development 3. The subdivider shall construct the equivalent full width landscaped median island in Taft Hwy for the site's frontage. Turning movements along Taft Hwy shall be restricted to right turn in, right turn out, left in at the private entrance and at the intersection with LaJolla Street. A full access opening at LaJolla Street will only be considered if the developer funds and installs a traffic signal. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. Turning movement along South H Street to the project site shall be restricted to right turn in and right turn out only. Right turn storage lanes are required on arterials at private entrances and shall have a minimum of 90 -foot taper with 150 feet storage lane per the City of Bakersfield standards. Access from South H Street to the project site must satisfy canal owner's requirements. For orderly development 4. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. 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 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 6. 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, any major bridge and thoroughfare district fees, and any planned sewer and drainage area fees. .CITY ATTORNEY 7. 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 v � OP GPA /ZC No. 19-0292 Conditions of Approval Page 3 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. .PLANNING 8. If the property is sold to a new landowner, other than the end-user or affiliate company of the end-user specifically named in the Planning Commission Staff Report, the new owner shall obtain approval of the future site plan for the Planning Commission prior to receiving necessary permits to develop the site. 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CITY, LIMIT• TAET HWY R-IAResource- iIntensive Agriculture 20 acre minimum parcel site SI m R-EA Resource - o GC RR HC i Extensive Agriculture c ` LMR 20 acre minimum parcel size LI GC 60 acre min (Williamson A(t) SI SI HMR .i R-MPResource- HMR HMR LR Minerals & Petroleum ...AGAVE _ LIBERTY RIDGE CT S ocre minimum parcel sire 9 UER Urban Estate Residential Western Rosedale Plan LIJ CORONA AVE - i LMR 0.5 acre net minimum parcel size LI r SI GC SI s' GC HMR HMR HMR WM West Ming Specific Plan LR j c C g SAN CLEh,ENTE AVE ... .. .i 2 ! �............••...,_ a..q. _ >_. •-, .-°. <-, r; ". INGLEV✓UUO AS4": .. C ..........•.••....••.....•..•....••..............•....••....••N LMR BAKERSFIELD UP ! SI SIRR Ai RR RR RR RR US Feet ,I✓J��LMRI LIMNR-IAoam 0 300 600 ame Dent N: 20190906 GPAs