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Home My WebLink AboutRES NO 016-2023RESOLUTION NO. 016-2023 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, FROM SR (SUBURBAN RESIDENTIAL) TO GC (GENERAL COMMERCIAL), LOCATED AT 9407 SOUTH H STREET (GPA/ZC NO. 22.0122). WHEREAS, Amerco Real Estate Company is requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from SR (Suburban Residential) to LI (Light Industrial); and an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from A (Agriculture) to C-2/PCD (Regional Commercial/Planned Commercial Development) on approximately 11.23 acres located at 9704 South H Street (the "Project"); and WHEREAS, the Planning Commission held a public hearing on December 1, 2022, and approved Resolution No. 119-22, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, February 8, 2023 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. 119-22 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 2023 in accordance with Government Code Section 65358 (b). fliTer.S OPKf�3 o s, m Page 1 of 2 6 tDoPIGNAI 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 8th day of February 2023, by the following vote: FEB 0 8 2023 ^ ✓ ✓ ✓ ✓ ✓ ✓ v ��'/ COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUft NOES: COUNCILMEMBER'. _ ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: A LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: FEB 0 B 2023 BY — 4( KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY i 41LRIDIANAU RDO-KING Deputy City Attorney d Exhibits: A Conditions of Approval B General Plan Amendment Map Page 2 of 2 �gAxF9 o r > in r 0 "OR!G!NA! EXHIBIT "A" CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO.22.0122 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 South H St to arterial 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. Additional right of way cannot be obtained to the east of South H St due to the existing canal, an additional 23' of right of way shall be executed along the westerly side of South H St in order to achieve a full width arterial. (78' total from existing centerline) 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 Engineerand (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 Maintenanc%PK£� District ("CMD") and pay all fees for inclusion in the CMD or, if the development is alrea �A OoRiGINAI GPA /ZC No. 22-0122 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. 7. Turning movements along South H Street at driveways shall be limited to right in, right out only. Median openings allowing left turn in only with no left turn out maybe permitted if standard turn lane can be accommodated in median. Left turns out will only be allowed if/when a traffic signal is funded and installed by private development. A signal will only be permitted if a signal synchronization study is submitted and approved. Said study shall meet all criteria of the City and be submitted after consultation with staff. The study shall show that the signal will not significantly degrade signal coordination and the location meets either current or future signal warrants. 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