The URL can be used to link to this page

Home My WebLink AboutRES NO 059-2022RESOLUTION NO. 0 5 9- 2 0 2 2 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN: (A) FROM LR (LOW DENSITY RESIDENTIAL) AND LMR (LOW MEDIUM DENSITY RESIDENTIAL) TO GC (GENERAL COMMERCIAL); AND (B) FROM LR (LOW DENSITY RESIDENTIAL) TO LMR (LOW MEDIUM DENSITY RESIDENTIAL), LOCATED AT 7100 SOUTH H STREET (GPA/ZC NO. 21- 0322). WHEREAS, James Marino is requesting: (1) an amendment to the land use map designation of the Metropolitan Bakersfield General Plan: (a) from LR (Low Density Residential) and LMR (Low Medium Density Residential) to GC (General Commercial); and (b) from LR (Low Density Residential) to LMR (Low Medium Density Residential); and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the zone classification: (a) from R-1 (One Family Dwelling) and R-1/PUD (One Family Dwelling/Planned Unit Development) to C-2/PCD (Regional Commercial/Planned Commercial Development); and (b) from R-1 (One Family Dwelling) and R-1/PUD (One Family Dwelling/Planned Unit Development) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 25.83 acres located at 7100 South H Street (the "Project"); and WHEREAS, the Planning Commission held a public hearing on March 10, 2022, and with no one wishing to speak in support or opposition, approved Resolution No. 29-22, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, April 20, 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 0611 c 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;Cquncil as follows: 1. The above recitals, incorporated herein, are true an4orrect. 2. The Planning Commission's findings as contained in its Resolution No. 29-22 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 lst 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-------- 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 20th day of April 2022, by the following vote: Cw� COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER: IN: COUNCILMEMBER: ABSEN COUNCILMEMBER: rt'e-r'Y &n J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: APR 2 O 2022 By WEN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By - / J VIRIDIANA LLARDO-KING J Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map �g PK499 Page 2 of 2 o T `= c EXHIBIT "A" CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 21-0322 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 GPA/ZC area, the developer must submit the following for review and approval by the City Engineer: a. Fully executed dedication for H St to arterial standards and Berkshire Rd to collector standards for the full frontage of the GPA/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 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. Pay sewer capacity mitigation fees equal to $350 per dwelling unit above the number of units allowed per acres under the current land use. 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 o``gPKF9s T o �C��C!1AL GPA /ZC No. 21-0322 Conditions of Approval Page 2 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. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. 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. 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, 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. Q4gAKF9�, `�CRC-!1A! a `11E1ST�Wl��o�� ADELAIDEAVF��`� LR J ADELAI9AVE LEGEND 1 (GENERAL PLAN GPA/ZC 21-0322 �MAR(A LR LR HIR M(CLEARYWAYJN LR LAND USE) 11 11 MITLRERC� �T�yT B l�l S El 11 LIBIT _ DELWOOD AVf� .- IINNFLL WA RR Rural Residential (`�u�_WILLIAM F HALSFY.-AVE 3 3 �' z LR LR LR s LR LR ,Q LR 2.5 gross acres/dwelling unit CITY OF BAKERSFIELD LR LR W H LR LR - o ER Estate Residential GRAYMOND AJ_= : LR MAIL[ AVE I dwelling unit/net acre SPRUANCE(T LR L SR Suburban Residential HMR LR NK 5R dwelling units/net acre LR iHARRY.EYARNELI(I SR/LR c t LEEUBANKS.AVE LII7LEJOHN AVE o GC M HMR i LR County: 5 4 dwelling units/net acre LPANAMA LN W PANAMA LN m City: 57.26 dwelling units/net acre PANAMA LN LR Low Density Residential mZ8 m � oOCEAN VIEW DR o � � El GC 5 7.26 dwelling units/net acre (ORY_AV J3 LMR Low Medium Densi Residential HINGHAM A LR�'o o o LR Z W >. WOODS (T > R bu15 10 dwelling units/net acre Y v = o z SE L GC 3 �' LR HMR High Medium Density Residential m u ad avol TS z• BALDWIN,FARMSDR_s_ >7.26 units but Z SCENIC VIEW DR o 3 LR ,r Z `, LR ; - LR� �_ 517.42 dwelling units/net acre p GC GC SLR LR t LR HR High Density Residential CLD$T TRAM WAY IOST-TRAIL:(T LR a >11.A1 units but �MAGDELENI AVFLR W ; I` r _ �STREFYER CAVE R I I6L o � >� rQr U 571.6 dwelling units/net acre LR � VLR (< � LR I� LR ,,, LR d� LR LR HC Highway Commercial N ' 3 LR LR (ANDA(E AVEI GIYY_TRAE LN ��LR] GC General Commercial LR MC Major Commercial _ c�OC Office Commercial ENCINO ST MU( Mixed Use Commercial LR ALDER GLEN LI Light Industrial RAIN�DR LR ST� BALASIS.Sly LR GARNOTT CT SI Service Industrial LR HI Heavy Industrial �W� FROM: LR 8x LMR LOURLR2AS PYRIIFST LR SR LR LR(`)v (o;vP Public Facilities LRi ; LR PCATEf ST PS Public/Private Schools TROPICAL AVE TO: GC GPA[NFLL CT - JERVIS Ci ST �� SR .. PT Public Transportation Corridors jLR M� LR GC GC LR = = LR - LR P-SW Solid Waste Facilities GC EAGLFJo OS Open Space _JANUARyDRI CREEK ST 3 o`_BACHELOR ST-G BACHELORLL � �FOWNES CTJ OS-P Parks and Recreation LR LR FROM: LR & LMR i LR " LR I LR I s ST Ir LR OS-S Slopes exceeding 30r/r��VARROWSST II ` �LR NFSBOROUGH W, R-IAResource- _DAIFTS_DR TO: LMR JLR �((ABAR ST �CT DIGGES.LN�o �o SR Intensive Agriculture LR o .O LR - 10 acre minimum parcel size �— rI .0 BFRKSHIRE RD Nei R-EAResource- �BERKSHIRE_RD �,—�.r N— B�ERKSHIRE RD _..._. _ a Extensive Agriculture LMR LR I= tt LR o 20 acre minimum parcel size Q - JI'm—BAS_OUE-NILIS DR Z NHADAR RO �-L— LR �MIN�NAlTREIE� 80 acre min (Williamson Act) �—BERTINACT �LN R-MPResource- LMR LMR p LR LR 9 G LR Minerals 6 Petroleum 1 1 5 acre minimum parcel size �PARADISE.POINTyI GC GC GC LR' -� LAKEVALLE �r rEVADONNA.RD UER Urban Estate Residential LMR 3, LMR LR PS LR DR Western Rosedale Plan w w of LR - LR gnKr 0.5 acre net minimum parcel size _SEPTEMBER DRJo N� 2-LAZY-RIVER LN OUARTZ�HIL[RD�� `OLSONAVE )J\� _WAWest Ming Specific Plan LMR - School lei 1 LMR LR II LR LR LR I LRW MARCH AVE"—CLIPPER-HILLS a 1~I _j 3�JOPLIN:(T� e2 `l L GC GC GC = LR CLIPPER NILLS DR o �GINGfR iNA/ L z �+ LR RISING LR �BERRYESSA (T f� \MIST LN =, = 1 1�1R LR o LRSUMMIT.AVE W LR F_ LR ^I TAOSWAYJ� 1 BAKERSFIELD `ILEDGFYIEW GC GC PARK_CITY.AVE m I LR Horizoni LN GC 3Q GC GC LR LR a =ISTATKOWSKI:CT�i Elementary HMR LR HMR OS-P y • T Y c L114—KIROOD-AVE BADGFRPASS_AVEu LR ' Feet GC RLITECT�1_GRAND�L L0 400 800 NAYENIN'_L� rVALDES:CT 2021_10_03