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Home My WebLink AboutRES NO 059-2023059-2023 RESOLUTION NO. RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, FROM HMR (HIGH MEDIUM DENSITY RESIDENTIAL) TO FIR (HIGH DENSITY RESIDENTIAL), LOCATED AT THE SOUTHWEST CORNER OF BERKSHIRE ROAD AND ASHE ROAD (GPA/ZC NO. 22-0125). WHEREAS, Cornerstone Engineering on behalf of Timothy and Marilyn Family Trust is proposing a General Plan Amendment (GPA) and Zone Change (ZC) on 19.96 gross acres located at the southwest corner of Berkshire Road and Ashe Road. The request includes: (1) an amendment of the Land Use Element of the Metropolitan Bakersfield General Plan land use designation from HMR (High Medium Density Residential) to HR (High Density Residential); (2) a change in zone classification from R-2 (Limited Multiple -Family Dwelling) zone to R-3/PUD (Multiple -Family Dwelling/Planned Unit Development); and (2) approve Planned Development Review 22-0403 (the "Project"). WHEREAS, the Planning Commission held a public hearing on April 20, 2023, and approved Resolution No. 29-23, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, May 10, 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. 29-23 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). o``OAKFy� Page 1 of 2 , m 0 `�ORIGINAI 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 24t' day of May 2023, by the following vote: AY NOES: ABSTAIN: ABSENT ✓ ✓ ✓ ✓ ✓ ✓ COUNCILMEMBER. ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR COUNCILMEMBER. LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: MAY 2 4 2023 By �` ✓/1/ KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY . D By / VIRIDIANA GAL RDO-KING Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map o``epKF�� Page 2 of 2 EXHIBIT "A" CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 22-0125 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 Ashe Road to arterial standards and Berkshire Road 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 GPA/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 GPA/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/ZC 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 developerwill 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 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 fake 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. > m �ORIGINPL GPA /ZC No. 22-0125 Conditions of Approval Page 2 4. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. 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 lineal 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 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. 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