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HomeMy WebLinkAboutORD NO 4079ORDINANCE NO. 4:0 ~ 9 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 124-02) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM M-3 (HEAVY INDUSTRIAL) TO C-2 (REGIONAL COMMERCIAL) ON 4.6t ACRES, M-2 (GENERAL MANUFACTURING) TO C-2 ON 14.98 ACRES, M-3 TO R-l/PUD (ONE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON 49.51 ACRES, M-2 TO R-11PUD ON 14.71 ACRES, AND M-1 (LIGHT MANUFACTURING) TO R- IlPUD ON 16.06 ACRES, LOCATED ADJACENT ON THE SOUTH SIDE OF HIGHWAY 58, BETWEEN OSWELL STREET AND STERLING ROAD. (FILE# ZC 02-0291). WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning for certain property in the City of Bakersfield located adjacent on the south side of Highway 58, between Oswell Street and Sterling Road; and WHEREAS, by Resolution No. 66-02 on June 20, 2002, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve ZC 02-0291 as delineated on attached Zoning Map No. 124-02, marked Exhibit "1", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment if certain mitigation measures are adopted to address potential impacts regarding noise and traffic, and, therefore, a Negative Declaration with mitigation measures was prepared and posted on May 31 2002, in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission, and this Council; and WHEREAS, the general plan designation for this area allows R-l/PUD (One Family Dwelling/Planned Unit Development) development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All above recitals are true and correct. The provisions of the California Environmental Quality Act have been met. The proposed project would not have a significant effect on the environment. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711.4 of the State of California Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above- reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. The conditions of approval/mitigation measures, attached hereto as Exhibit "3" are necessary to provide for orderly development, and the public health, welfare and safety. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. The above recitals and findings are true and correct and constitute the Findings of the Council, incorporated herein. 2. The Negative Declaration with mitigation measures is hereby adopted for Zone Change No. 02-0291. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning from R-1 (2.99 acres) and C-2 (.9 acres) to P.C.D. (Planned Commercial Development) to develop a mini-storage facility on 3.89 acres of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 124-02, marked Exhibit "1" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "2". 4. That Zone Change No. 02-0291, as outlined above, is hereby subject to the conditions of approval/mitigation measures as provided in Exhibit "3". 5. That the Mitigation Monitoring and Reporting Checklist as provided in Exhibit "4" is hereby adopted. 2 6. The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the CEQA Guidelines adopted pursuant thereto and a Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ......... 000 ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on September 4, 2002, by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~ ABSTAIN: COUNCILMEMBER ~ ABSENT: COUNClLMEMBER I".-'CQ-3.~P,-~ CITY CLERK andd ExEx Offic'~_ CIeOffic' Clerk of the Council of the City of Bakersfield SEP 4 ?00Z HA~,VEY L. HALL MAYOR of the City of Baker sfield APPROVED as to form: BART THILTG/~N City Attorney/~/ By: ~ ~/~'~ 44.~.-~ ~.,. S:\GPA 2nd Qtr 2002\02-0291 \OZC-CC. 02~291 .wpd 3 ZONE CHANGE 02-0291 M-1 TO R-1/P.U.D. M-3 TO R-1/P.U.D. EXHIBIT ZONING MAP 124Ji~ttZ311~I~L EXHIBIT 2 LEGAL DESCRIPTION Zone Change No. 02-0291 PROPOSED R-! PUD FROM M-Z A[J.. THAT PORTION OF THE NORTHWEST QUARTER OF sECTION Z, TOWNSHIP 30 50UTH, RANGE ;:'8 EAST, M.D.M., C~TY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALT. FORNIA, BEING DESCP-IBED A5 FOLLOWS: BEGINNIN~ AT THE WEST QUARTER CORNER OF SAID 5EchLON Z; THENCE N.00°36'SZ'E. ALON~ THE WEST L..~NE OF 5AID 5ECTIONo ALSO BEING THE CENTERLZNE OF OSWELL STREET, A DISTANCE OF 40Z.03 FEET: THENCE DEPAR'rZlxk~ 5AID WEST LINE, 5.8c)°Z3'OS'E., 7~.5.00 FEET: THENCE N.00°36'5::"E., 934.62 FEET: THENCE 5.80"53'55'E., 267.20 FEET; THENCE 5.00°36'57"W., 1330.73 FEET TO THE 5OUTH LINE OF SAID NORTHWEST QUARTER; THENCE N.89°SZ'Z3'W. ALONG SAID 5OUTH LINE A bTSTANCE OF 982.2'3 FEET TO THE POINT OF BEGINNING. CONTAINING 14.71 ACRES. PROPOSED ¢-2 FROM ALL THAT PORT[ON OF THE NORTHWEST QUARTER OF SECTION Z, TOWNSHIP 30 5OUTH, RANGE Z8 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED A5 FOLLOWS: COMMENCING AT THE WEST (~UARTER CORNER OF SAID sECT[ON 2; THENCE N.00°36'52"E. ALONG THE WEST LINE OF 5AID SECTION, ALSO BEING THE CENTERLINE OF oSWELL 5"I'~EET, A DISTANCE OF 402.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N.00°36'5Z"E. ALONG THE WEST LINE OF 5AIL sECTION A DTSTANCE OF 683.67 FEET; THENCE bEPART[NG 5AID WEST LINE, 5.89°23'08"E., 55.00 FEET TO THE EAST LINE OF THE WEST 55.00 FEET OF 5AIL NORTHWEST qUARTER; THENCE N.00°36'52"E. ALONG SAIL EAST LINE A DISTANCE OF 245.04 FEET; THENCE bEPART~NG 5AT. b EAST LINE, 5.89°53'55"E., 660.03 FEET; THENCE 5.00°36'52"W., 934.62 FEET; THENCE N.89°23'08"W., 715.00 FEET TO THE POINT OF BEGINNING. CONTAINING t4.98 ACRES. PROPOSED C-2 FROM M-3 ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 30 SOUTH, RANGE 28 EAST, M.b.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED A5 FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAIL SECTION 2; THENCE N.00036'52"E. ALONG THE WEST LINE OF 5AID 5EC'i'ZON, ALSO BEING THE CENTERLINE OF OSWELL STREET, A DISTANCE OF 1085.70 FEET; THENCE DEPARTING 5AID WEST LINE, 5.89°23'08"E., 55.00 FEET TO THE EAST LINE OF THE WEST 55.00 FEET OF SAID NORTHWEST qUARTER; THENCE N.00°36'52"E. ALONG 5AID EAST LINE A DISTANCE OF 245.04 FEET TO THE POINT OF BEGINNING; THEI",E:E ¢oNT'I'N~ N.00'36'5Z'E. ALOI',~ SAID EAST I.~NE A bl'5TANCE OF 104.3c) FEET TO THE 50uTHERLY BOUNDARY OF sTATE HIGHWAY V~-KER-58; THENCE ALOh~ 5ATb 50uTHERLY BOUNDARY THE FOLLOW~N~ FOUR (4) COUR5E5: 1) N.ZSO47'40'E., 104.00 FEET; THENCE 2) N.62°35't3'E., 67.60 FEET; THENCE 3) N.70o14'tZ"E., zg]..7Z FEET TO THE BEGINN'rNG OF A CURVE CONCAVE TO THE 5OUTH, HAVING A RAD];U5 OF 3.942.00 FEET; THENCE 4) EA5TERLY ALOt,~ 5A];D CURVE THROUGH A CENTRAL A~E OF 08°4t'03* AN ARC DISTANCE OF Zc)4.34 FEET; THENCE DEPAR'I"[I',~ 5A];D 5OUTHERLY BOUNDARY, 5.00°36'52.W'' 407.17 FEET; THENCE N.89o53'55"W.o 660.03 FEET TO THE POINT OF BEG~3qNING. CONTAINING 4.61 ACRES. pROPO5ED R-1 PUD FROM M-3 ALL THAT pOR'EON OF THE NORTHWEST (~UARTER OF 5ECT~ON ::', TOWNSHTP 30 50UTH, RANGE 28 EAST, M.D.M., CTTY OF BAKER5FTELD, cOUNTY OF KERN, sTATE OF CALTFORN'~A, BE'lNG DESCRIBED A5 FOLLOW5: COMMENCING AT THE 50UTHEA5T coRNER OF 5AID NORTHWEST (~UARTER; THENCE N.89°5Z'].3"W' ALONG THE 50UTH LINE OF 5AID NORTHWEST QUARTER A DTSTANCE OF 510.99 FEET TO THE PO]~NT OF BEGINNING; THENCE cON-F£NU'rNG N.89o52'i3'W. ALONG 5A'~D 5OUTH LINE A DISTANCE OF 1].61.09 FEET; THENCE bEPART',~NG 5AID 5OUTH L~NE, N.00°36'52"E-, ].330.73 FEET; THENCE N.89°53'55"W., 267.20 FEET; THENCE N.O0°36'52"E-, 407.].7 FEET TO THE 5OUTHERLY BOUNDARY OF STATE H'[GHWA¥ V[-KER-58, ALSO BETNG THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE 5OUTH, HAV'rNG A RAb]~U5 OF ].942.00 FEET AND TO WHICH BEGINN];NG A RADIAL L~[NE BEAR5 N.].].°04'45"W-; THENCE ALONG 5AID 5OUTHERLY BOUNDARY THE FOLLOW[NC= FIVE (5) COURSES: ].) EASTERLY ALONG 5AID CURVE THRouGH A CENTRAL ANGLE OF 06057.5]." AN ARC D]:5TANCE OF 236.05 FEET TO THE BEG'rNNING OF A COMPOUND CURVE CONCAVE TO THE 5OUTH, HAVING A RADIUS OF 2942.00 FEET; THENCE 2) EASTERLY ALONG 5A]~b CURVE THROUGH A CENTRAL ANGLE OF 05°].].'Z9 AN ARC DISTANCE OF ].63.87 FEET; THENCE 3) N.89004'35"E., §85.79 FEET; THENCE 4) $.B8°44'17"E- 4].6.07 FEET; THENCE 5) $.00°20'1]."E-, 436.].5 FEET; THENCE bEPAP, T[N~ sATb 5OUTHERY BOUNDARY, 5.O0°Z0'].]."E', [343.46 FEET TO THE pOTNT OF BEG[NN'~N~. cONTAINING 49.5! ACRES. '~RKrliNAL PROPOSED R-1 PUb FROM M- ! ALL THAT POR3"~ON OF THE NORTHWEST QUARTER OF SECT'ION 2, TOWNSH'rp 30 5OUTH, RANge 28 EAST, M.b.M., C];TY OF BAKERSF'J:ELD, COUNTY OF KERN, STATE OF CALIFORNZA, BE]:NG bESCRZBEb A5 FOLLOWS: BEC-TNNi'I',IG AT THE 5OUTHEAST CORNER OF 5ATD NORTHWEST G~UARTEP.; THENCE N.89°52'i3'W. ALONG THE 5OUTH LINE OF 5AZD NORTHWEST qUARTER A DZSTANCE OF 510.99 FEET; THENCE bEPAR'T'~N~ 5A'rb 5OUTH LINE, N.OO°20'I~."W., 1343.46 FEET TO THE 5OUTHERLY BOUNDARY OF STATE H]:GHWAY VI-KER-58; THENCE ALONG 5AZb 5OUTHEP. LY BOUNDARY THE FOLLOW'J3'~ THREE (3) COURSES: 1) N.89°39'49'E., 510.00 FEET; THENCE 2) 5.00020'11~E., 87.91 FEET; THENCE 3) 5.89°28'16'E., 20.00 FEET TO THE EAST LINE OF 5AZb NORTHWEST G~UARTER OF SECT'.ION 2; THENCE 5.00°31'44"W. ALONG 5AID EAST LINE A DTSTANCE OF 1259.55 FEET TO THE POTNT OF BEG]'NN]:NG. CONTAT. NT. NG 16.06 ACRES. 200~-067\LE6ALS\HARDT-ZC.DOC\,TFK\I~AR.21. 2002 3RK~INA[ EXHIBIT 3 ZONE CHANGE NO. 02-0291 CONDITIONS OF APPROVAL/MITIGATION MEASURES Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a) Provide fully executed dedication for Oswell Street to arterial standards and for Sterling Road and the extension of Zephyr Lane to collector standards for the full frontage of the area within the GPA and ZC request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. b) Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPNZC are to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. Only one drainage will be allowed for the GPA/ZC area. The study shall be approved and any required retention site and necessary easements dedicated to the City. c) Submit a comprehensive sewer study to be submitted to and approved by the City Engineer. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. d) Payment of median fees for the frontage of the property within the GPA request. These fees may be paid prior to recordation of any map or approval of improvement plans. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening on Oswell Street will only be considered if the developer funds and installs a traffic signal at the site entrance. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA/ZC area. 18 Roadway segments and 50 intersections were analyzed where potentially significant project traffic levels were projected to occur. Based upon the analysis, a minimal amount of additional local mitigation is required beyond what will be provided for through the adopted Regional Transportation Impact Fee (RTIF) program. Facilities affected and mitigation required are as follows: Fairfax Rd at Niles St, add south bound left, $80,000 improvement cost, $704 (0.88%) share for residential and $704 (0.88%) share for commercial. Fairfax Rd at Pioneer Dr, add north and south bound through, modify north and south rights to shared through-rights (striping change only), $10,000 improvement cost, $138 (1.38%) share for residential and $176 (1.76%) share for commemial. Brundage Ln at Oswell St, add north bound right, $10,000 improvement cost, $484 (4.84%) share for residential and $1,022 (10.22%) share for commercial. Brundage Ln at Fairfax Rd, add south bound through, $40,000 improvement cost, $487 (1.22%) share for residential and $895 (2.24%) share for commercial. Brundage Ln at Morning Dr, add east bound right, west bound left and north bound right, $100,000 improvement cost, $1,130 (1.13%) share for residential and $1,880 (1.88%) share for commercial. Brundage Ln at Cottonwood Rd/SR 58 ramps, install signal, add east bound left, $200,000 improvement costs, $4,320 (2.16%) share for residential and $9,780 (4.89%) share for commercial. Mt Vernon Ave at Fwy 58 EB ramps, add east bound left, $40,000 improvement costs, $880 (2.20%) share for residential and $1,556 (3.89%) share for commercial. Weedpatch Hwy (SR 184) at Fwy 58 EB ramps, install signal, $120,000 improvement costs, $1,542 (1.21%) share for residential and $3,108 (2.59%) share for commercial. Total local mitigation costs: $19,121 commercial equating to costs per unit of $98.59 per 1,000 SF equivalent to $2.83 per daily trip and $9,685 residential equating to costs per DU of $25.16. Note: the shares for facilities on State routes were re-computed based upon the State preferred method. An independent RTIF calculation was provided in the study as required to determine the actual impact of the project on the RTIF facilities. A total fee of $166,503 was calculated for the 193,951 SF retail, equivalent to $858.48 per 1,000 SF (24.65 per daily trip). A total fee of $112,951 was calculated for the 385 residential dwelling units, equivalent to $293.38 per dwelling unit. Both the local and regional transportation impact fees must be paid within the area of this GPNZC request in the amounts outlined in items 4 and 5 above. One of the following three noise attenuation measures shall be constructed and completed prior to issuance of any occupancy permits for the entire 80.28 acre residential project site: A.) A 4 foot high earthen berm, approximately 16-feet wide, with an 8-foot high masonry sound wall constructed atop the earthen berm resulting in a 12-foot high acoustical barrier. The acoustical barrier shall be built in an inversed U-shaped beginning 440 feet south of Highway 58 and 660 feet east of Oswell Street, then continuing north to the northern property line, then 1,400 feet east to the sump, and then south along the sump approximately 200 feet to the end of the sump. The required 8-foot sound wall shall be of reinforced masonry and shall be constructed atop the required 4 foot high earthen berm; or B.) A 14-foot high reinforced masonry block wall. The acoustical barrier shall be built in an inversed U-shaped beginning 440 feet south of Highway 58 and 660 feet east of Oswell Street, then continuing north to the northern property line, then 1,400 feet east to the sump, and then south along the sump approximately 200 feet to the end of the sump; or c.) Construct a ten (10) foot high masonry block wall along the entire northern property line of the project site with a 100 foot wide linear park and 10 foot wide sidewalk between the block wall and future residences. 7.) The Kern County Mosquito and Vector Control District shall be provided access to storm drain sumps for the purpose of inspecting and treating mosquito breeding sources. EXHIBIT 4 Zone Change 02-0291 Mitigation Monitoring and Reporting Checklist Mit VERIFICATION OF COMPLIANCE No. Monitoring and Party Mitigation Measure Reporting Monitoring Responsible Process Milestone for Monitoring Initials Date Remarks ] .a) 18 Roadway segrn~nts and 50 intersections were Site Plan Review/ Tentative Map/ Public analyzed where potentially significant project traffic Tentative Map Site Plan Works ~evels were projected to occur Based upon the Review Review analysis, a minimal amount of additional local mitigation is required beyond what will be provided Approval for through the adopted Regional Transportation Impact Fee (RTIF) program. Facilities affected and mitigation required are as follows: Fairfax Rd at Niles St1 add south bound left, $80,000 Site Plan Review/ Tentative Map/ Public l.b) improvement cost, $704 (0.88%) share for residential Tentative Map Site Plan Works and $704 (0.88%) share for commercial Review Review Approval 1.c) Fairtax Rd at Pioneer Dr, add neath and south bound Site Plan Review/ Tentative Map/ Public through, modify north and south dghts to shared Tentative Map Site Plan Works through-rights (striping change only), $10,000 Review Review improverm~nt cost, $138 (1.38%) share for residential and $176 (1 76%) share for commercial. Approval 1 .d) Brundage Ln at Oswell St, add north bound right, Site Plan Review/ Tentative Map/ Public $10,000 improvement cost, $484 (484%) share for Tentative Map Site Plan Works residential and $1,022 (10.22%) share for Review Review commercial Approval I .e) Brundage Ln at Fairfax Rd, add south bound Site Plan Review/ Tentative Map/ Public threugh, $40,000 improvement cost, $487 (1 22°/,) Tentative Map Site Plan Works share for residential and $895 (2.24%) share for Review Review commercial Approval l.f) Brundage Ln at Morning Dr, add east bound fight, Site Plan Review/ Tentative Map/ Public west bound left and north bound right, $100,000 Tentative Map Site Plan Works improvement cost, $1,130 (1.13%) shara for Review Review residential and $1,880 (1.88%) share for commercial. Approval 1 .g) Brundage Ln at Cottonwood Rd/SR 58 ramps, install Site Plan Review/ Tentative Map/ Public signal, add east bound left, $200,000 improvement Tentative Map Site Plan Works costs, $4,320 (216%) share for residential and Review Review $g,780 (4.59 g) share for commercial Approval l .h ) Mt Vernon Ave at Fwy 58 EB ramps, add east bound Site Plan Review/ Tentative Map/ Public left, $40,000 improvement costs, $880 (2.20%) share Tentative Map Site Plan Works for residential and $1,556 (389%) share for Review Review commercial Approval ,~)~ajiNAL l.i) Weodpatch Hwy (SR 184) at Fwy 58 EB ramps, Site Plan Review/ Tentative Map/ Public install signal, $120,000 improvement costs, $1,542 Tentative Map Site Plan Works (1.21%) share for residential and $3,108 (259%) Review Review share for commercial. Approval l,j Total local mitigation costs: $19,121 commercial Site Plan Review/ Tentative Map/ Public equating to costs par unit of $9859 par 1,0{30 SF Tentative Map Site Plan Works equivalent to $2.83 par daily tdp and $9.685 Review Review residential equating to costs par DU of $25 16 Approval Note: the shares for facilities on State routes were re- computed based upon the State preferred rc~thod !.k An indepandent RTIF calculation was provided in the Site Plan Review/ Tentative Map/ Public study as required to determine the actual impact of Tentative Map Site Plan Works the project on the RTIF facilities. A total fee of Review Review $166.503 was calculated for the 193,951 SF retail, equivalent to $85848 per 1.000 SF (24.65 per daily Approval trip) A total fee of $112,951 was calculated for the 385 residential dwelling units, equivalent to $293.38 par dwelling unit Both the local and regional transportation impact fees must be paid within the area of this GPAJZC reguest in the amounts outlined above. 2.a) One of the following three noise attenuation Site Plan Review/ Tentative Map/ Planning measures shall be constructed and completed prior Tentative Map Site Plan Department to issuance of any occupancy parmits for the entire Review Review 8028 acre residential project site: Approval 2.b) A 4 foot high earthen berm, approximately 16-feet Site Plan Review/ Tentative Map/ Planning wide, with an 8*fcot high masonry sound wall Tentative Map Site Plan Department constructed atop the earthen bonn resulting in a 12- Review Review foot high acoustical barrier The acoustical barrier shall be built in an inversed U-shaped beginning 440 Approval feet south of Highway 58 and 660 feet east of Oswell Street, then continuing north to the northern prope~ line, then 1,400 feet east to the sump, and then south along the sump approximately 200 feet to the end of the sump The required 8-foot sound wall shall be of reinforced masonry and shall he constructed atop the required 4 foot high earthen berm; or 2.c) A 14-foot high reinforced masonry block wall The Site Plan Review/ Tentative Map/ Planning acoustical barrier shell be built in an inversed U- Tentative Map Site Plan Department shapad beginning 440 feet south of Highway 58 and Review Review 660 feet east of Oswell Street, then continuing north to the northern propatty line, then 1,400 feet east to Approval the sump, and then south along the sump approximately 200 feet to the end of the sump; or 2.d) Construct a ton (10) foot high masonry block wall Site Plan Review/ Tentative Map/ Planning site with a 100 foot wide linear park and 10 foot wide Review Review sidewalk betwaen the block wall and future residences. Approval S:\GPA 2nd Qtr 2002\02-0291~mitigation checklist.wpd AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 5th day of September , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4079 , passed by the Bakersfield City Council at a meeting held on the 4th day of September 2002 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO 124-02) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM M-3 (HEAVEY INDUSTRIAL) TO C-2 (REGIONAL COMMERCIAL) ON 4.61 ACRES, M-2 (GENERAL MANUFACTURING TO C-2 ON 14.98 ACRES, M-3 TO R-l/PUD (ONE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON 46.51 ACRES, M-2 TO R- 1/PUD ON 14.71 ACRES, AND M-1 (LIGHT MANUFACTURING) TO R-l/PUD ON 16.06 ACRES, LOCATED ADJACENT ON THE SOUTH SIDE OF HIGHWAY 58, BETWEEN OSWELL STREET AND STERLING ROAD. (ZC02-0291) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield