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Home My WebLink AboutRES NO 009-2022RESOLUTION NO. 009-2022 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED NORTH OF TAFT HIGHWAY BETWEEN ASHE ROAD AND GOSFORD ROAD (GPA/ZC NO. 21-0383). WHEREAS, the City of Bakersfield is requesting an amendment to the land use map designation of the Metropolitan Bakersfield Genera/ Plan from GC (General Commercial) to OS-P (Parks and Recreation) on 25 acres and from OS-P to GC on 28 acres; and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from C-2/PCD (Regional Commercial/Planned Commercial Development) to RE (Recreation) on 25 acres, from RE to C-2 (Regional Commercial) on 28 acres, and from C-2/PCD to C-2 on 12 acres located north of Taft Highway between Ashe Road and Gosford Road (the "Project"); and WHEREAS, the Planning Commission held a public hearing on December 2,2021, and approved Resolution No. 59-21, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, January 19, 2022 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. 59-21 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 1st amendment to the Land Use Element of the Metropolitan Bakersfield Genera/ Plan for calendar year 2022 in accordance with Government Code Section 65358 (b). --------- 000 -------- 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 the I 9th day of January 2022, Page I of 2 'CMUNAI" by the following vote: C COUNCILMEMBER: ARIAS, GO'N*ZALES, WEIR, SMITH, FRt&#1*WGF!4y'QA4W&.P' NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: (]�g�E COUNCILMEMBER: J LIE IMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield JAN 19 2022 By KAREN GOH Mayor UNMOOR :101 M102 0 VIRGINIA GENNARO, CITY ATTORNEY '07 By VIRIDIANA GALLARD -KING Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map Page 2 of 2 0 4 '7)ONGNAP CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 21-0383 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/ZC area, the developer must submit the following for review and approval by the City Engineer: a. Fully executed dedication for Taft Hwy, Gosford Road and Ashe Road 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. b. Comprehensive drainage study of the 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 ZC area 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. 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 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. 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. 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. GPA /ZC No. 21-0383 Conditions of Approval Page 2 4. 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 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. 5. 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 construct, or pay its proportionate share of the estimated cost to construct, the median (currently $100 per linear foot), as determined by the City Engineer, for the arterial frontage of the property within the GPA/ZC area. 6. 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