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Home My WebLink AboutRES NO 124-2020RESOLUTION NO. Z 4 2 0.2 Q RESOLUTION OF THE BAKERSFIELD CITY COUNCIL UPHOLDING THE APPEAL AND APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED ON THE NORTHEAST CORNER OF THE HOSKING AVENUE/WIBLE ROAD INTERSECTION (GPA/ZC NO. 19-0035). WHEREAS, Porter & Associates, Inc. for Cindy Henson, 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 LMR (Low Medium Density Residential) to GC (General Commercial) on 10.7 acres and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R -S (Residential Suburban) and R-1 (One Family Dwelling) to C-1 (Neighborhood Commercial) on 10.7 acres, located on the northeast corner of the Hosking Avenue/Wible Road intersection (the "Project"); and WHEREAS, the Planning Commission held a public hearing on December 5, 2019, and approved Resolution No. 122-19, which recommended that the City Council deny 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 appeal 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. 122-19 are hereby overturned. 3. The City Council hereby upholds the applicant's appeal. 4. The City Council hereby approves General Plan Amendment No. 19-0035. --------- 000-------- aK b, KI 9� G f?t Page 1 of 2 r ORIGNAL 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 1' 2010 by the following vote: ✓ J I/ a§ETALN: COUNCILMEMBER: Rim{, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, �ttERR COUNCILMEMBER: L COUNCILMEMBER: BSENT•COUNCILMEMBER: IVB a J HE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City.of Bakersfield APPROVED JUL 15 2020 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attor ey B IRIDIAN ALLARDO-KING Deputy City Attorney Exhibit A: Conditions of Approval Exhibit B: General Plan Amendment Map S:\Advance Planning\07_GPAs\O1_Active\2020\Q3\19-0035\ReS_Ord\02_CC\1st Reading\CC GPA Resolution.docx aAK, Page 2 of 2 0� �� r - L �10 0i1G;l A CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 19-0035 .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 Hosking Avenue and Wible Road to arterial standards for the full frontage of the GPA/ZC area. 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 GPA/ZC area is to be submitted for approval by the City of Bakersfield Public Works Department Subdivision section. The drainage for the GPA/ZC area is to be retained onsite and privately maintained. Provide flowage and drainage easements as needed within the GPA/ZC area for any flows coming from Hosking Avenue and or Wible Road. c. Sewer study, which will assure that appropriate sewer service will be provided to the entire 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. The sewer study must provide evidence the existing sewer system will not be impacted by the increased development intensity proposed for the GPA/ZC. 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/ZC. 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 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. Off-site improvements required are along the frontage of APN 515-040-21. 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 nAr(C r r`' r- c� J ORi3AAL Exhibit A GPA/ZC No. 19-0035 Page 2 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 approval of any construction plans associated with any development project or subdivision within the GPA/ZC area, whichever is earlier the developer must (a) pay its proportionate share of the estimated cost to construct the median in Hosking Avenue (currently $100 per linear foot, or as determined by a City Engineer approved estimate) along the frontage of the GPA/ZC area (b) Prior to the recording of any final map or issuance of any certificates of occupancy for development whichever is earlier construct the median within Wible Road along the frontage of the GPA/ZC area. For orderly development 5. 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 construct full half width street improvements. 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 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. For orderly development .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. Oc� r- GRIGUL Exhibit A GPA/ZC No. 19-0035 Page 3 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\O1_Active\2020\Q1\19-0035\Res_Ord\01_PC\EXHIBIT_Conditions.docx m `ORic-,,A IL PARE19-0035 LEGEND RAL ROSE AVE a o = LR MR = HR _ o a LMR (GENERAL PLAN BOULDERAIDGELN SILVER -SHORE IN u LAND USE) LR z c BASQUE HILLS DR tg LR LR LR s a s RR Rural Residential CITY OF BAKERSFIELD TROJES AVE - LMR LR o P. LR LMR x 2.5 gross acres/dwelling unit _ - S ON PEA o ER Estate Residential '¢LN` — - PARADISE POINT Ptm _ _ ldwelling unit/net acre AV LR LR PARADISE POINT Pl. SR Suburban Residential s u 54 dwelling units/net acre LR SR/LR .. LMR £ 3 County: s 4 dwelling units/net acre MEDALLION ROSE AVE_ LMR - SAVANNAH AVE . City: s 7.26 dwelling units/net acre W s AMBER CANYON PL GRANITE RIDGE PL SEPTEMBER DR' LR Low Density Residential L. m LR c' i a L s 7.26 dwelling units/net acre LR o LR o jAVE LR m LR ? LMR Low Medium Density Residential z o LR c 3 LR 3 LR LMR > 4 but s 10 dwelling units/net acre RIO VIEJO DR ='BUCCANEER ROSE o HMR High Medium Density Residential GRESLENLAIDGE ST MARCH AVE - >7.26 units but LM F s17.42 dwelling unhs/net acre LR LR _ LMR HR High Density Residential LR LR >17.42 units but _ LR s72.6 dwelling units/net acre SYCAMORE CREEK DR AMAZON DA HC Highway Commercial _ WILLOW BASIN LNRISING MIST LN GC General Commercial LR z MC Major Commercial LR LR s OC Office Commercial a LR £ LR LR MUC Mixed Use Commercial EA FROM LMR LI Light Industrial WATERFALL CANYON DR STRAWBERRY AMUA CT SI Service Industrial TO GC GR NDVIEW LN ` CRESTLINE FALLS LN T _ 3 HI Heavy Industrial LR LR W a 6 LEDGEVIEW LN - P Public Facilities LR o LR G i GRANITE PS Public/Private Schools oVTIGRISDR a POINTE PARK PT Public Transportation Corridors LRaLR P -SW Solid Waste Facilities CO ROCK ROCK LN -=SHADED CAN ON CSPOS- OS Open SpamCT LRBALANCE Parks an Recreation LROS-S Slopes exceeding 30LRLR PS —LR R -IA Resource - Stonecreek Junior Intensive Agriculture 20 acre minimum parcel size High School GRANITECREEKCT' EAGLE VALLEYPI GRAND HAVEN IN' R-1Resource- LR Extensive Agriculture LR LR LR 20 acre minimum parcel size - 80 acre min (Williamson Act) H O S K I'N G AVE ; R -MP Resource - Q Minerals & Petroleum r 5 acre minimum parcel size W UER Urban Estate Residential FCT --i o LR Western Rosedale Plan m z¢ LR LR 0.5 acre net minimum parcel size o GC 3 GC WM West Ming Specfic Plan a LR LR TAPO RIDGE OR - G LRLR c o � LR m m ZIFF DR LR N HAMILTON CT — , a, j � - - FLINT HILLS DR ` LR BAGWELL-CT- ass: '83 d' ALICE MEADOWS -CT ' LR ESPERANZA DA a LRyy8. WYNDHAM AVE LR LR LR _ LR N N LR TAR SPRINGS AVE V LACORTE Pl. N LR ¢ 3 SIERRA MEADOWS DA- 4 LR LR a Feet i� Q^ LR I I SINGLkONAVE LR LR o LR o '^ 0 280 560 Y LR 'AU ST - a - LR''� �� o LR R LR DowmenlName: 20190306 Rev