HomeMy WebLinkAboutRES 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).
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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
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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.
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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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