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Home My WebLink AboutRES NO 129-2021RESOLUTION NO. 12 2 02-1 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT 2323 CHESTER LANE (GPA/ZC NO. 20-0397). WHEREAS, Paul Dhanens Architect, representing John and Christine Romanini (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 HR (High Density Residential) on 0.64 acres and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-2 (Limited Multiple -Family Dwelling) and R-3 (Multiple -Family Dwelling) to R-4 (High Density Multiple -Family Dwelling) at 2323 Chester Lane (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 3, 2021, and approved Resolution No. 25-21, 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. 25-21 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). Page 1 of 2 r o ORIGINAL 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: ✓ o/ s✓ YES: COUNCILMEMBER: ARIAS, GONZALES, Y&''fR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER: IV1lm- ACOUNCILMEMBER: Wem&- BSE COUNCILMEMBER: —!N-P§je-N %AP r J -LIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUL 14 1011 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO Ci2A�t�t�orey By VIRIDIANA LARDO-KING Deputy City Attorney Exhibit: A Conditions of Approval B General Plan Amendment Map Page 2 of 2 C' r� t m r- �nl^�ini/iL CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 20-0397 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 Chester Lane to collector for the full frontage of the ZC 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. Site drainage study, which will assure that appropriate site drainage will be provided to the entire GPA/ZC area. c. Sewer study, which will assure that appropriate sewer service will be provided to the entirety of the GPA/ZC area. 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 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. 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 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. 4. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. GPA /ZC No. 20-0397 Conditions of Approval Page 2 5. 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. CITY ATTORNEY 6. 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. o�sW q LPL r- ORiO;hiAL GPA/ZC 20-0397 CITY OF BAKERSFIELD LR LR LR LR LR LR .. PARKWAY - LR LR LR LR LR LR - SUNSETAVE LR LR LR LR LR LR SAN EMIDIO ST L LR LR R LR CHESTER IN LR LR LR CHERRYST— LR LR DRACENA ST - LR T LR LR LR LR STH ST LR St Francis Elementary School LR LR LR LR LR LR 4TH ST LR LR LR m _ LR BUENA VISTA ST - r SLR LR R LR LR LR 3RD ST PS CALIFORNIA AVE PS LR LR GC PARKWAY PARKWAY LR LR SUNSET AVE LR LR SAN EMIDIO ST FPS nn Elementary Scho I LR HMR LR Bakersfield High School pS PS 13TH PS x GC HR HR OC BLANCHE ST HMR HMR OC LR LR OC ORANGE ST LR LR 10 LR OC S LR LR MAPLE AVE .. LR LR L LR OC LR LR FORREST ST FROM: GC B GC T0: HR LR LR OC S :LR CHERRY ST LR LR LROC 71 . IC DRACENA ST 6TH LRLR LR BEALE PARK LR LL LR LR OC [C OS -P i U uI I I 5TH PALM ST PALM ST C — 9T� Irc } 4TH LR LR LR LR LR LR LL LR LR OC 0 a BUENA VISTA ST C LR LR HMR LR H OC B LR LR ST L_ LEGEND (GENERAL PLAN LAND USE) RR Rural Residential 2.5 gross acresidwelling unit ER Estate Residential 1 dwelling unit/net acre SR Suburban Residential <4 dwelling units/net acre SR/LR County: 5 4 dwelling units/not acre City: 5 7.26 dwelling units/not acre LR Low Density Residential 5 7.26 dwelling units/net acre LMR Low Medium Density Residential > 4 but 510 dwelling units/net acre NMR High Medium Density Residential >7.26 units but 517.42 dwelling unitsinet acre HR High Density Residential >I7.42 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 Industrial HI Heavy Industrial P Public Facilities PS Public/Private Schools PT Public Transportation Corridors P -SW Solid Waste Facilities 05 OpenSpoce 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 Feet 0 250 500 Document Name: 2021 01_04 GPAs_ZCs