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Home My WebLink AboutRES NO 182-2022RESOLUTION NO. 182 ®2 ®2 2 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED NORTH OF FAIRVIEW ROAD BETWEEN MONITOR STREET AND SOUTH UNION AVENUE (GPA/ZC NO. 22-0104). WHEREAS, Swanson Engineering is requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan designation from LR (Low Density Residential) to GC (General Commercial) and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 19.35 acres located north of Fairview Road between Monitor Street and S Union Avenue (the "Project"); and WHEREAS, the Planning Commission held a public hearing on October 6, 2022, and with no one wishing to speak in support or opposition, approved Resolution No. 97-22, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, November 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. 97-22 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 4th amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2022 in accordance with Government Code Section 65358 (b). --------- 0 00-------- Page 1 of 2 � rn r � OORIGINAI� 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. NOV 1 E 2022 by the following vote: AYES: OES: ABSTAIN: ABSENT: NOV _1-6 2022 By KAREN GOH Mayor VIRGINIA GENNARO City Attorney COUNCILMEMBER: Arias, Gonzales, Weir, Smith, Freeman, Gray, Parlier COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: J LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield VIRIDIANA GALLARDO-KING U Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map Page 2 of 2 �_- -n EXHIBIT "A" CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 22-0104 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 Fairview Street to collector standards for the full frontage of the GPA/ZC area, unless previously dedicated per map or separate instrument and unless otherwise approved 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. This project site is included in a Planned Drainage area to drain to an existing sump. The existing storm drain, and existing sump was sized to allow R-1 (C=0.29) development only. The developer shall demonstrate that the existing storm drain, and existing sump can collect the volume of additional runoff between R-1 and C-2 created by this zone change, or the additional runoff between R-1 and C-2 shall be retained onsite and shall be privately maintained. Additionally, a sump maintenance district shall be formed for this project site. C. Sewer study, which will assure that appropriate sewer service will be provided to the entirety of the ZC area. The developer will be responsible for the initial extension of the sewer line to serve the 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. 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 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. �fn 30RIGINAL� GPA /ZC No. 22-0104 Conditions of Approval Page 2 4. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. 5. The project location is within the benefit area boundary of the Fairview Planned Drainage Area (58-81). The project is subject to fees associated with this PDA. 6. 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. 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. 4gAKF� o s F— rn U � ORIGINAL GPA/ZC 22-0104 KARMA CT ' -, Land Use HR HR HR HMR ; LI HI ! RESIDENTIAL LR P I HR a LR __ LMR - Low Medium Density m W Residential: > 4 units but PA(NE(0 RD 1 EPACHECORD ® 510 dwelling units/net CITY OF BAKERSFIELD LR HMR HMR; �--------+ 1 acre HMR �. HMR HMR I HMR HMR r NR - High Density LR LR - : LR A----' LR i LR % I- -- R Residential:> 17.42 units SCHULL CT CAROLINE CT ! & _ - -- l NIM CT s SI hu15 72.6 dwelling units/ LR PS LR a �i LR _ h _ �] _ I i � �� LR __ GC - I i net acre HMR High Medium - JJ r o 0 PIAVA . I T _ LR � LMR I - MALERBI Greenfield LR _j [- LR o ! LR ,_ �� o - I- - R Density Residential: > ®7.26 units but 517.42 CT LR Middle --_' ¢ - -- I j I¢ LR _. i_ ._ i ; HR ; a + REKIAND DR dwelling units/net acre BAYNE School - CICNI EL PUEBLO'--'- LR ; 5._ - LR - -' ,`c LR ''S x " " ¢ - z LOISLN 1 c -- g o I, g- LR I HR 1 z SI O LMR/LR - si+ _•`� - __ ___� .- - - - z -----, Ed o ' -- _� O. _ -_- - VIA DELUNA' - I o - - - =1 m _ _ -__ _ .- ' - LR- Law Density Residential: 0 OS-P STIERN PARK _ -_ - _ LR g g _ -- �' 5; LR I° - - GC LMR LMR /7.26 dwelling units net acre ONST;. LR - _ ! I ,5 COMMERCIAL J i I - ' R L T; .. I ,"� LR KYNER AVE _ LR 0 NEILL AVE - - LR LR LR = SANTIAGO _ LR CT LR J JIMSON ST CANYON _,, LR CT LR I -- HMR HMR GC® GC - General Commercial BRYANTST I F 1 NC- Highway Commercial i LMR/LR LMR/LR if INDUSTRIAL SI SI U GARDEN DR LI - LIGHT INDUSTRIAL LMR/LR .. - SI -Service Industrial i_ GC - LMR/l.R � . � HI - Heavylndusirial PRI - CE S 1 MR/LR' PUBLIC FACILITIES LI ' GC®P -Public Facilities SI - i „- - ---SPERRYST PS - Puhlic/Private Schools 1 1 LMR/L OPEN SPACE 1 SI _ 1 -OS-P - Parks and Recreation FAIRVIEW RD 1 - E FAIRVIEW RD LR j LMR/LR LR -j m LR LR 1 GC MORELAND L GIB EPPE c JUMBUCK LNWAY 1 BURCHFIELD I .^ ,_-, LR LR-I_-- LR LR GC - - 1 SI -LMR/LR AYE - - LR LR 1 _i _I GENA MARIA 19 BOOMERANG DR - CT z - ,Y LR 1 IQ I 1 l_ 0 _ AU IF a - -, KERN or ,- m RUSSELL AVE 6� jLR i I._J.--t (AVE LR3'�=. IZ �Tr�r�� CO---�` Ulf d LR I� j.� !� 0 STRAWBRIDGE j , I f '- [ LI I 1 J: - -- [ - .�� CT KINGSCROSS BAKERSFIELD I LR LR AVE -1 Y' - - -- -- 1 t(TJUSCANY WALLABY CT r _ -F . _ - --_ -FUTURE PAW 1 BUCKLEY A - - L - R I LR LR., L - - - -- LMR/LR r - - i --� _ JR;- `, C 1 ! I_ l + _ ! r E L OS-P r LR LR Feet CiRRYM r ��. ADELAIDEAVE 3 ADELAIDEAVE ---- - - i MARGE AVE d LR -A �' 3 - f LR o LR 2 LR z o LR LR GC ; (HAPULTEPEC 0 300 600 \ST 9 LR N � LR _ AVE LR 2022_05_06_B n— i Jv