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Home My WebLink AboutRES NO 039-2022RESOLUTION NO. O 3 9- 2 O 2 2 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE SOUTHEAST CORNER OF HAGEMAN ROAD AND LANDCO DRIVE (GPA/ZC NO. 21-0284). WHEREAS, McIntosh & Associates is requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from HI (Heavy Industrial) to SI (Service Industrial) and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from M-3 (Heavy Industrial) to M-2 (General Manufacturing) on 79.84 acres located at the southeast corner of Hageman Road and Landco Drive (the "Project"); and WHEREAS, the Planning Commission held a public hearing on December 2, 2021, and approved Resolution No. 57-21, which recommended that the City Council approve the Project; and WHEREAS, the City Council held a public hearing on January 19, 2022, and approved a continuance of the project to be held at the next meeting on February 2, 2022; and WHEREAS, the Clerk of the City Council set Wednesday, February 2, 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. 57-21 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 General 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�aKF 9�, 0� Page 1 of 2 ` 0R!0INAI Council of the City of Bakersfield at a regular meeting held on the 2nd day of February 2022, by the following vote: AYE COUNCILMEMBER: S: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: FEB 0 2 2022 By .1A��U41 KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY - VIRIDIANA LLARDO-KING Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map Page 2 of 2 m `ORIGINAL' CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 21-0284 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: C. Fully executed dedication for Landco Drive to collector 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: The GPA/ZC 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. 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. 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 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, bout��9� 'ORIGINAL® GPA /ZC No. 21-0284 Conditions of Approval Page 2 not limited to, the adopted regional traffic impact fee, local mitigation fees, and any planned sewer and drainage area fees. 5. The project location is within the benefit area boundary of the Hageman Major Bridge and Thoroughfare District (027-02). The project is subject to fees associated with this district. b. A traffic analysis comparing peak hour traffic generation of the existing allowable uses with the proposed allowable uses shall be submitted. A full traffic study is not required if this analysis shows that the increase in peak hour trip generation due to the new uses do not exceed 50 trips. 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. o�`OAK��u 'ORIGINt f • v LEGEND GPA/ZC 21-0284 y � (GENERAL G 1 LANDAUSE)AN e . t 51 51 SI ♦ ` RR Rural Residential z LI SI ♦ ,. .g! 4rfo, 2.5 gross acres/dwelling unit zl +"-- ♦♦ `• ER EstateAesidential CITY OF BAKERSFIELD = o ' ♦ I dwelling unit/not airs / a=ec SR Suburban Residential 54 dwelling units/net acre RENEVENTO (I v� L 1 '—r ♦ ♦ ♦ ♦ SR/LR 1 ♦♦ S1 ♦ ♦ County: 5 4 dwelling units/net acre G e U SI SI SI ••` ` SI City: 5 7.26 dwelling units/net acre #e 1 •• LR Low Density Residential ,••; , , COIF 6 dwelling VENElull — • ,�� ! of LIAR Low Medium Density Residential • /1 > 4 but 5 10 dwelling units/net acre HMR High Medium Density Residential GC S 2 �qG� >7.26 units but dwelling Q��O 9Q,� 517.42 units/net acre SI ESE QV sf HR High Density Residential ••s >17.42 units but i ,� ! �• — — — ATIAS CT- — — — -# HI 577.6 dwelling units/nal acre • ♦ �i• H( Highway Commercial G( General Commercial ♦ \'O~ s SI SI •� HI 1 1 ♦ `•. I �•• M( Major Commercial OC Office Commercial Qp♦a 1fGp7 Use Commercial ~ MU( Mixed SI �� / ♦ LI lighl Industrial �• 1 '` SI Service Industrial FROM: HI 1 HI Heavy Industrial TO: SI " AAMOOR AVE J P Public Facilities PS Public/PrivateSchools ••, 1 1 I ••� 1 PT Public Transportation Corridors 51 SI ° Y P-SW Solid Waste Facilities • e 1 OS Open Space 1 OS-P Parks and Recreation 0 I H 1 OS-S Slopes exceeding 30% •� H I 1 R-IA Resource - :� Intensive Agriculture �•� 1 20 acre minimum parcel size HI R-EA Resource 51 51 SI FOSTER -AVE Extensive Agriculture 1 20 acre minimum parcel size • �•// -- / 80 acre min (Williamson Act) HI _ R-MP Resource - ••�j / HI - HI HI Minerals S Petroleum •� 1 5 acre minimum parcel size �pI UER Urban Estate Residential Qr Western Rosedale Plan 51 SI 51 0.5 acre net minimum parcel size '•�' / WM West Ming Specific Plan I � .�..�• HI HI HI HI HI • CA lYC Ell { (`�Hy�:�.e�•• BAKERSFIELD clTyHl HI HI HI HI HI HI `' 0 O HI -0 s7 y Feet 0 300 600 /` ° 2021_10_079pazc