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Home My WebLink AboutRES NO 057-2022RESOLUTION NO. 0 5 7_ 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 FROM OC (OFFICE COMMERCIAL) TO HMR (HIGH MEDIUM DENSITY RESIDENTIAL) ON 11.22 ACRES, LOCATED AT 9700 AND 9850 CAMINO MEDIA (GPA/ZC NO. 21-0302). WHEREAS, McIntosh & Associates is requesting: (1) an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from OC (Office Commercial) to HMR (High Medium Density Residential); and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from C-O (Professional and Administrative Office) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 11.22 acres located at 9700 and 9850 Camino Media (the "Project"); and WHEREAS, the Planning Commission held a public hearing on March 10, 2022 and accepted public testimony both in support and opposition. At that meeting, the applicant revised the request to include the more restrictive R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) zoning; and WHEREAS, the Planning Commission approved Resolution No. 26-22, 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 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. 26-22 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 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--------KF9n u� Page 1 of 2 'ORIGINA! c 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 20th day of April 2022, by the following vote: _ '-, I,- *-I W�- I,- r� <AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEVM, GRAY, PARLIER N ES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: COUNCILMEMBER: VW(Y)O-r1 JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: APR 2 O 2022 By A&Aont� KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRIDIANA G LL RDO-KING T Deputy City Attorney Exhibits: A Conditions of Approval General Plan Amendment Map Page 2 of 2 o�p PKF9`s'c EXHIBIT "A" CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO.21-0302 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 Camino Media 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 entire drainage area. For a private development, under normal conditions a private development shall provide its own retention basin for its own storm water. Since there is an existing public sump adjacent to this private development, the storm water from the private development will be allowed to be collected in the existing public sump provided: A sump maintenance district shall be formed by the developer, and the existing sump is properly sized to collect the volume of additional storm water from the private development. 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`a�K�9s o vpRIGINAL GPA RC No. 21-0302 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 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 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``gAKF9s � r `ORIGINAL GPA/ZC 21-0302 LMR EXHIBIT " B" �ES�E0.CT S= Mercy PSouth Southwest U CITY OF BAKERSFIELD LMR N �� CSU' LMR BBE3IFUBDAVE W LPA LIVIR .'V �ATTLEBORO.AV( OS-P s. c OC tp10:\ LR WINDSOR PARK a NOWELL DR , DOR(HESTEAST=e� OC as LR � 17 LR I3 CD Ronald Reagan LR LOUGHTON AVE Elementary I^ LR Schgo11LR W a LR LR/PS JX/D{�C MERSHAM HILCDR 31 FROM: OC LR c t `3 LR LR TO: HMR LR c� /WITHIN.Bf7GNTSp� LR N �I h LR NARPENDENAVE_,/ s OC LR —�?-W o \CAAIINQMEDIA� DEE0.PEAK / OS-P (ems` LR OA'f DEER PEAK ��S��ISBUBYDB_ 3 PARK 5Z LR �� o "f�1rj� c ASC01(BOSSING SI �-= a LR i OC LR +Eo1�W LR m R LR 3 W LR \ Vap C,P CHIFYOR 2 y LR m° 9OC LR A L i LR i Lit W OC o SONGBIRD T oUXBs DGE O a _LNJ EXSHAM DR = LR c ee i ec MING AVE MING AVE LR v�sGAl'VO o LR o VALLEY-FOREST_CT LR s),_, LRAMAR z _ LR Vf L LMR OS-P " o 3` r= OS-P �V `= LR �HAWORT.IN MESA OAK.OR owe LR LR :FORD CT R 0 SEVEN OAKS GOLF C HMR �r_,d LR 4'F BCOUNTRY CLUBLR Kp�a,--.J ? OS-P LR i i I y Q OS-P P HMR o z r HMR o`W0.w W�\�EpAK HR LR LEGEND DON (GENERAL PLAN "I'll, LAND USE) S PS = PS PS z RR Rural Residential g o 2.5 gross acres/dwelling unit iS WAY ER Estate Residential = I dwelling unit/net nice a SR Suburban Residential SA dwelling units/net acre KROLL WAY SR/LR S PS PS PS County: 5 A dwelling units/net acre City: 5 7.26 dwelling units/net acre It Low Density Residential STUDENT WAY 5 7.26 dwelling units/net acre LAIR low Medium Density Residential > A but 5 10 dwelling units/net acre HMR High Medium Density Residential California Sate >7.26 units but S PS University PS PS 517.42 dwelling units/net acre Bakersfield HIT High Density Residential >17.42 units but 572.6 dwelling units/net acre HC Highway Commercial ROWDYLN GC General Commercial MC Major Commercial OC Office Commercial S PS PS PS MU( Mixed Use Commercial LI light Industrial SI Service Industrial NI Heavy Industrial z P Public Facilities Z) PS Public/Private Schools Q PT Public Transportation Corridors P-SW Solid Waste facilities 5 PS PS PS OS Open Spore OS-P Parks and Recreation OS-S Slopes exceeding 30% R-IA Resource - (AMINO MEDIA Intensive Agriculture 20 acre minimum parcel size GC OC R-EAResource- Extensive Agriculture LIBERTY PARK DR 20 acre minimum parcel size 80 acre min (Williamson Act) OC R-MP Resource - GC Minerals d Petroleum 5 acre minimum parcel size o OC UER Urban Estate Residential Western Rosedale Plan 0.5 acre net minimum parcel size WM West Ming Specific Plan MING AVE LR o T OAK (T GAS(ONY (T`� - a (v LR BE IU AIDoNLMR A an LR !.r : LR ^-Yi m FAIRFIEI • WANDEAING_OAK DR ? = N DR gAKERSFIELD a VERSAIELES_DR LR a VE0.5AllEESDp��c��— 1 Y OAK_CT� a LR = LR =o: 1 LR i � (NARTRESIN LR Feet MfAD.OW,LEAF(T � LR Lp`\eES 1 I LR T SEARANT Cl� 0 400 $00 -�� H(IGHOAKDRJM'C() 2021_09_08gpazc r /1 -171�i