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Home My WebLink AboutRES NO 131-2021RESOLUTION NO. 13 1' 2 O2 1 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT 1108 H STREET (GPA/ZC NO. 21-0008). WHEREAS, Landmark Surveying and Engineering, representing A Group, 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 OC (Office Commercial) to GC (General Commercial) on 0.15 acres and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from C -O (Professional and Administrative Office) to C-1 (Neighborhood Commercial) on 0.15 acres located at 1108 H Street (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. 28-21, 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. 28-21 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 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: AYPS: COUNCILMEMBER: ARIAS, GONZALES, W &R, SMI FREEMAN, GRAY PARLIER COUNCILMEMBER: ABSTAIN: COUNCILMEMBER:�fQnf! BSEN • COUNCILMEMBER:yVO.11 APPROVED JUL 14 2021 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorrhy AM VIRIDIANA GALLARDO-KING Deputy City Attorney J I LI E DRIMAKIS, CMC - CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Exhibit: A Conditions of Approval B General Plan Amendment Map Page 2 of 2 '2,AK . m c� v ORIGIINAi EXHIBIT "A" CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 21-0008 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 ZC area, the developer must submit the following for review and approval by the City Engineer: a. Fully executed dedication for H Street 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. Comprehensive drainage study of the entire drainage area. The City will allow no more than one sump per 80 acres. The sump should be located so that it may be available to serve adjacent areas as they develop. The developer may establish a planned drainage area or provide some other method for the construction of the ultimate drainage facilities satisfactory to the City Engineer. This ZC area is in a Priority Storm Drain Area that currently drains into the Kern River or a canal. If a terminal retention basin will not be constructed, the developer must treat or retain the volume of run-off produced from an 85th percentile, 24-hour storm event with best management practices in accordance with the City's Storm Water Management Plan, subject to approval by the City Engineer. c. Sewer study, which will assure that appropriate sewer service will be provided to the entirety of the 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. 2. Prior to the recording of any final map or issuance of any certificates of occupancy for development within the ZC area, whichever is earlier, the developer must (a) construct all infrastructure, both public and private, within the boundary of the 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 ZC 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 ZC area must comply with the City's "complete streets" policy. Construction of expanded intersection improvements are not required. 3. Prior to the City's approval of any construction plans associated with any development project, subdivision, or minor land division within the ZC area, the developer must take all actions necessary to add the ZC area to the Consolidated Maintenance District ("CMD") and pay all fees for inclusion in the CMD or, if the development is already within GPA/ZC No. 21-0008 Conditions of Approval Page 2 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. 4. Prior to the City's approval of any construction plans associated with any development project, subdivision, or minor land division within the ZC area, the developer must replace the existing asphalt median with colored textured concrete, for the collector frontage of the property within the ZC area. 5. Prior to the City's issuance of any building permits for construction within the ZC area, or an earlier time established through conditions. of a subsequent City -approved subsequent development project, subdivision, or minor land division within the ZC area, the developer must pay all development fees for the 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. Access to the development will be restricted to right in/right out only from both H Street and California Avenue. 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. 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. vt;F�. s� �" rn c� O ORIGINAL GPA/ZC 21-0008 ; (GENERAL PLAN LAND USE) EXHIBIT 1181' MU` IMu` U MUC S Mu` a e RR Rural Residential 2 a 2.5 gross acres/dwelling unit CITY OF BAKERSFIELDMUC ° ER Estate Residential t I dwelling unit/net acre - - - - --- - - - - •14THST- < a SR Suburban Residential -- 4TH5T 54 dwelling units/net acre ay SR/LR C a a County: <4 dwelling units/net acre s MUC 3 a City: 5 7.26 dwelling units/net acre LR Low Density Residential 5 7.26 dwelling units/net acre Bakersfield High School x a LMR Low Medium Density Residential MUC MUC a a p > 4 but 510 dwelling units/net acre a n HMR High Medium Density Residential PSE >7.26 units but G = 13TH STr= = MUCF MUC MUC o 517.42 dwelling units net acre , 9 a MUC 7 HR High Density Residential a n Y c 7 >I7.42 units but a e MUC MUC n 572.6 dwelling units net acre a r HC Highway Commercial t c GC General Commercial MC Major Commercial r MUC MUC a OC Office Commercial n MUC Mixed Use Commercial a a LI Light Industrial L -CALIFORNIA AVE, SI Service Industrial �..,.'r��,,,.��,:._... �.,��.._.�.�4,. .,.,<.��,.� _._�......,..o<?: e a HI Heavy Industrial P Public Facilities e ' s PS Public/PrivateSchools GC s GC FROM: OC GC GC n GC PT Public Transportation Corridors HR a TO: OC W r P -SW Solid Waste Facilities I e = B a OS OpanSpoce OC a z •g, n t OC GC 1 GC GC GC Ec El PSlopoesaexceeding eationa R -I d R" GC a OS -S a R•IA Resource - BLAN[HFST < < n Intensive Agriculture a " " " " =11TH ST •- , .� :_ q < =11TH ST = -• -" _ 20 Dere minimum porcel size —] HMR HMRR-EA Resource - OC e a a c Extensive Agriculture A 20 acre minimum parcel size a 80 acre min (Williamson Act) _To LR OC OC GR-MP Resource - C GC GC a GC GC HR HR Minerals c Petroleum a ORANGE Si -> - r - _ n "- , ., d S acre minimum parcel size p a UER Urban Estate Residential s a e a Western Rosedale Plan LR OC e a 0.5 acre net minimum par cel size 10TH ST- - - <' WM West Ming Specific Plan LR n „ a 1 k LR n s t HR GC A " GC HR a HR HR t n 0 a r. e BAKERSFIELD GSTY p LR OC r. .9TH ST- - - - <, _ - - - .. 9TH ST - - v - - - - � LR OC a HR t c c LR Feet ; ° a I GC GC HR a HR HR x 0 140 280 FORRESTST., L K „ u p 3 d D.0 nt Name: 2027_03 04_gpezc