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Home My WebLink AboutRES NO 127-2021RESOLUTION NO. 12 7 ® Z 02-1 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED ON SANTA FE WAY 0.25 MILES SOUTH OF RENFRO ROAD (GPA/ZC NO. 20- 0339). WHEREAS, Justin Batey, Frontier Land Partners, LLC (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 LR (Low Density Residential) to LI (Light Industrial) on 3.5 acres and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1 (One Family Dwelling) to M-1 (Light Manufacturing) on 3.5 acres located on Santa Fe Way 0.25 miles south of Renfro Road (the "Project"); and WHEREAS, the City Council adopted a Negative Declaration for the Project; and WHEREAS, the Planning Commission held a public hearing on June 3, 2021, and approved Resolution No. 22-21, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, July 14, 2021 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. 22-21 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 2021 in accordance with Government Code Section 65358 (b). ---------000-------- Page 1 of 2 ORINAL G HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on the 14th day of July 2021, by the following vote: A COUNCILMEMBER: ARIS, GONZZALES, WEIR, SMITH, FREEMAN, GRAY, ARLIER NOES: COUNCILMEMBER: IVC/lq. AIN: COUNCILMEMBER: ABSE COUNCILMEMBER: JULIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL 14 2021 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO Clit rney B VIRIDIAN ALLARDO-KING Deputy City Attorney Exhibit: A Conditions of Approval B General Plan Amendment Map Page 2 of 2 5AKe, ORIGAAL EXHIBIT "A" CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 20-0339 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 area, the developer must submit the following for review and approval by the City Engineer: a. Fully executed dedication for Santa Fe Way if not already dedicated, to arterial standards for the full frontage of the GPA 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. 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. 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. The GPARC area is within the North of the River Sanitary District No. 1. Sewer service in this area must conform to the NORDS's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right of way shall require an Open Street Permit and be per the City of Bakersfield. 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 area, 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 estimatFAK,,, m O IGAAL GPA /ZC No. 20-0339 Conditions of Approval Page 2 as determined by the City Engineer, for the arterial frontage of the property within the GPA area. Turning movements along Sante Fe Way shall be restricted to right turn in and right turn out only. However, a left turn in will be considered at the entrance if it meets the City of Bakersfield standards. Right turn storage lanes are required on arterials at intersections and access locations and shall have a minimum 90 -foot taper with 150 -foot storage lane, per City of Bakersfield standards. 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 13.04.02, or as otherwise required by the City Engineer. For orderly development 5. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. 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 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. For orderly development 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 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. GPA /ZC No. 20-0339 Conditions of Approval Page 3 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. y � ORI'GiNAL GPA/ZC 20-0339 LR I LMR r V b .. -LR , o ( LEGEND NONTBATTEN.PL GENERAL PLAN Y 0 •vturoras woo IN LMR, o It Ir .o 0 3 sR LAND USE) EXHIBIT B - -REINA-RD' -REINA RD •• _ _ ¢t ¢uralAeeidentid e LR g,=, LR v 2,S gross aaesJdrelling unit =9 a CITY OF BAKERSFIELD t� F0. 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