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HomeMy WebLinkAboutRES NO 146-03 145-03 RESOLUTION NO. RESOLUTION MAKING FINDINGS, APPROVING THE CANCELLATION OF LAND USE RESTRICTIONS OF A LAND CONSERVATION CONTRACT 0NILLIAMSON ACT) ON CERTAIN PROPERTY LOCATED ALONG THE WEST SIDE OF ALLEN ROAD, BETWEEN RIENA ROAD AND KRATZMEYER ROAD (GOVERNMENT CODE SECTION 51282). (VVard 4). WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on Monday, June 16, 2003, and THURSDAY, June 19, 2003, on Case No. 03-0014 of a proposed cancellation of a Land Conservation Contract (Williamson Act) on that certain property being annexed to the City of Bakersfield, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in the _Bakers~, a local newspaper of general circulation; and WHEREAS, such proposed cancellation is as follows: Williamson Act Contract Cancellation: Marino & Associates for King-Gardiner Farms, applied to cancel the Land Conservation Contract (Williamson Act) on 80 acres. The project site is located at the northwest comer of Reina Road and Allen Road; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration with mitigation was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, the requested cancellation covers the east half of the southeast quarter of Section 11, Township 29 South, Range 26 East, Mount Diablo Meridian; and WHEREAS, the subject property is also part of an annexation to the City of Bakersfield and to North of River Sanitary District; and WHEREAS, the subject property is also part of a detachment from the North Kern Water Storage District; and WHEREAS, the project site contains approximately 80 acres; and WHEREAS, the subject site is also part of a General Plan Amendment/Zone Change (GPA/ZC 03-0014) to allow the development of urban uses on the site; and WHEREAS, the applicant for the property owner has indicated the purpose of the request is to develop single family residential and commercial within the City of Bakersfield limits; and WHEREAS, the property lies within the path of development with approved urban development projects in progress; and WHEREAS, said urban development projects as well as local government agency efforts have extended supporting utilities and infrastructure adjacent to the property; and WHEREAS, the cancellation is for land on which a notice of nonrenewal has been served pursuant to Section 51245 of the Government Code, said notice was recorded on December 18, 2001, as Document No. 021188955 in the Office of the Kern County Recorder; and WHEREAS, the cancellation is not likely to result in the removal of adjacent contracted lands from agricultural use, since there is no evidence is no evidence in the record to suggest that this project will be precedent setting, and no comments were received to indicate there might be other lands removed from Contract, with remaining cultivated properties being unaffected; and WHEREAS, the cancellation is for an alternative use which is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 03-0014; and WHEREAS, the cancellation will not result in discontiguous pattems of urban development since adjacent lands are developed or approved for urban development and the property lies within the path of rapid urban development and between two approved urban projects; and WHEREAS, the there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted lands. The project is located between approved urban projects and will result in a more contiguous pattern of urban development than other, noncontracted lands farther from existing urbanized lands; and WHEREAS, that pursuant to Section 51283 of the Government Code, the Kem County Assessor has determined the full market value of the land with respect to which the cancellation is requested, as though it was free of the contractural restriction, and has certified to this Planning Commission that the amount thereof is $30,000.00 per gross acre, and that the most recently announced Kern County assessment portion is 100%, and that the cancellation fee is $300,000.00 for the 80 gross acres or $3,750.00 per gross acre if phased, and has certified that them are no additional deferred taxes under Government Code Section 51283; and WHEREAS, the request for the cancellation of the Land Conservation Contract by Jim Madno for King-Gardiner Farms, was duly heard and considered by the Planning Commission at a public hearing held June 19, 2003; and WHEREAS, that the proposed Zone Change No. 03-0014 for the property, is conditioned upon the payment of the fee calculated by the Kern County Assessor noted above, prior to any further urbanization of the property; and WHEREAS, by Resolution No. 106-03 on June 19, 2003, the Planning Commission recommended approval and adoption of the cancellation of the Land Conservation Contract (Williamson Act) subject to conditions and mitigation listed in Exhibit "A" and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and ORIGINAl WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, July 30, 2003, on the above described proposal, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Council has considered and hereby makes the following findings: The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein. That the applicant by prior written agreement to comply with all adopted mitigation measures contained within the Negative Declaration. That a Negative Declaration for the proposed cancellation of the Land Conservation Contract (Williamson Act) is hereby recommended for approval. That the City Council has, pursuant to Section 51282 of the Government Code, made the required findings to approve the cancellation of the Land Conservation Contract. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the proposed development. As to the cancellation of the Land Conservation Contract (Williamson Act) on the 80 acres, as requested by the applicant and shown on the attached map in Exhibit "B", located north of Reina Road to Kratzmeyer Road, along the west side of Allen Road, the City Council hereby adopts such cancellation, subject to prior approval of General Plan Amendment 03-0014 and Zone Change 03-0014 and subject to conditions of approval shown on Exhibit "A". NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals and findings incorporated herein, are true and correct. The Negative Declaration for General Plan Amendment No. 03-0014 is hereby approved and adopted. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. The City Council has made findings pursuant to Section 51282 of the Government Code. The City Council hereby approves and adopts cancellation of the Land Conservation Contract (Williamson Act) on 80 acres being annexed to the City of Bakersfield r~Rl~lNAt located at the northwest corner of Reina Road and Allen Road, subject to conditions of approval shown on Exhibit "A". ......... 000 ........ I HEREBY CERTIFY that the foregoing Resolution was passed a.~/a~o~t~y the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~ ABSTAIN: COUNCILMEMBER ~ ABSENT: COUNCILMEMBER ~ · CITY CLERK and Ex Offi~O I~lerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: BART THILTGEN7 City Attorney MO:djl S:\GPA 2nd Qtr 2003\03-0014\Resolutions\res,Williamson_cc.doc 4 EXHIBIT "A' Conditions of Approval General Plan Amendment/Zone Change No. 03-0014 Prior to the recordation of a subdivision map creating parcels less than twenty acres in size or the issuance of a building permit for any urban or non-agricultural uses, the applicantJdeveloper shall provide proof to the City of Bakersfield that the Williamson Act Contract Cancellation fee ($300,000.00 for the 80 gross acre site) outlined in the May 16, 2003, letter from the Kern County Assessor's Office has been paid. If the development of the property is phased, said fee shall be $3,750.00 per gross acre for the land that has an approved subdivision or proposed to be developed as an urban or non-agricultural use. (Condition). If human remains are discovered at any time on the project site, work shall halt and the Kern County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code). In the absence of an archaeological monitor, a qualified archaeologist and the local Native American community, shall be notified, if any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. (Mitigation Measure). If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. (Mitigation Measure). If the service requirements exceed the capability of the California Water Service Company's existing facilities or if the extension of the Company's facilities is necessary, service would be provided in accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations. (Mitigation Measure). intersection street improvements for the year 2023, which are needed to maintain or improve the operational level of service of the street system in the vicinity of the project are shown in Table 1 below. The table also identifies those improvements not covered by the Regional Transportation Impact Fee (RTIF) program and the project's percentage share for the cost of all non-RTIF (local mitigation) improvements. (Mitigation Measure). Page 1 of 10 GPA / ZC 03-0014 Conditions of Approval Page 2 of 10 Table 1 Future Street Improvements and Local Mitigation Percentages Local Mitigation Project % No. Intersection Total Improvements (Improvements not Share for Local Re(~uired by 2023 covered by RTtF) Miti~lation 1 Seventh Standard Rd install Signal - 1 NBL, 1 WBL, Install Signal - 1 NBL, 4.02% at Santa Fe Way 1 WBR, 1 SBL, 1 EBL, 1 EBR 1 WBL, 1 SBL, 1 EBL ~ 2 Seventh Standard Rd install Signal - 1 SBR, 1 EBL Install Signal - 1 SBR ~ 3.79% at Zachary Avenue 3 Seventh Standard Rd Install Signal - 1 NBR, 1 WBL Install Signal - 1 NBR ~ 4.19% at Rudd Road 4 Seventh Standard Rd Install Signal - 1 NBL, 1 WBL, Install Signal - 1 NBL, 4.58% At Allen Road 1 SBL, 1 EBL, 1 EBT 1 SBL~ 5 Snow Road at Allen Install Signal - 1 EBR, 1 SBL Install Signal - 1 EBR, 9.00% Road 1 SBL 6 Snow Road at Old install Signal - 1 NBL, 1 EBL, Install Signal - 1 NBR, 2.75% Farm Road 1 SBL, 1 WBL 1 EBL, 1 SBL, 1 WBL 7 Snow Road at install Signal - 1 NBL, 1 EBL, --- Jewetta Avenue 1 SBL, 1 WBL 8 Snow Road at Install Signal- 1 NBL, 1 NBR, --- "- Calloway Drive 2 WBL, 1 SBL, 1 SBR, 1 EBL, 1 EBR 9 Kratzmeyer Road at install Signal- 1 NBL, 1 EBL, install Signal- 1 NBL, 4.41% Santa Fe Way = 1 SBL, 1 WBL 1 EBL, 1 SBL, I WBL 10 Santa Fe at Rudd install Signal - 1 NBL, 1 EBL, Install Signal - 1 NBL 0.78% Road 2 1 WBL 1 EBL, 1 WBL 12 Kratzmeyer Road at install Signal - 2 NBL, 2 WBL, 2 NBL, 2 WBL, 1 SBL, 24.88% Allen Road I SBL, I EBL, 1 SBT, I EBR, I EBL, 1 SBT, 1 EBR, 1 NBR 1 NBR 13 Olive Ddve at Old Install Signal Install Signal 18.03% Farm Road 14 Olive Ddve at Install Signal- 1 NBL, 1 WBL, 1 EBL 9.10% Jewetta Avenue 1 SBL, I EBL ~ 7th Standard Road has current projects sponsored by the City of Shafter and County of Kern to widen the roadway to fourlanes and improve the interchange with SR 99. These projects are fully funded through the STIP and other funding sources. 2 Project shall pay proportionate share of improvements to improve current configuration. It is anticipated that the crossing at the BNSF Railroad will be grade separated and the existing intersections will be eliminated and reconfigured. Source: Traffic Study for General Plan Amendment and Zone Change at Allen road and Kratzmeyer by Ruettgers & Schuller, April 2003. GPA / ZC 03-0014 Conditions of Approval Page 3 of 10 Table 1 (Continued) Future Street Improvements and Local Mitigation Percentages Local Mitigation Project % No. Intersection Total improvements (improvements not Share for Local Recruited by 2003 covered by RTIF) Miti~lation 18 Reina Road at Santa Install Signal- 1 NBL, 1 WBL, 1 NBR, I WBL, 1 SBL, 12.49% Fe Way 2 I SBL, I EBL 1 EBL 19 Santa Fe Way at Install Signal - 1 NBL, 1 SBL, Install Signal - 1 NBL, 5.29% Renfro Road 2 I EBL 1 SBL, 1 EBL 20 Reina Road at Allen Install Signal- 1 NBL, 1 WBL, 1 NBL, 1 WBL, 1 SBL, 29.65% Road 1 SBL, 1 SBR, 1 EBL, 1 SBT 1 SBR, 1 EBR, 1 SBT 22 Reina Road at install Signal- 1 NBL, 1 WBL, I WBL, 1 EBL 12.36% Jewetta Avenue 1 SBL, 1 EBL 24 Olive Drive at Install Signal --- Calloway Drive 25 Olive Drive at Install Signal- 1 NBL, 2 WBL, --- -- Rivedakes Drive I EBL 26 Nodega Road at Install Signal- 1 WBR, I SBL I WBR, 1 SBL 19.64% Allen Road 28 Noriega Road at Install Signal- 1 NBL, IWBL, --- --' Jewetta Avenue 1 SBL, 1 EBL 29 Noriega Road at Install Signal- 1 NBL, 1 WBL, -- Verdugo Lane 1 SBL, 1 EBL 32 Hageman Road at Install Signal -- Jenkins Road 33 Hageman Road at Install Signal - 1 NBL, 2 WBL, 1 NBL, 1 SBL 4.17% Santa Fe Way 1 SBL, 1 EBL 34 Hageman Road at Install Signal- 1 EBL, 1 SBR 1 SBR 11.39% Allen Road 35 Hageman Road at Install Signal- 1 NBL Old Farm Road I WBL, 1 EBL 36 Hageman Road at Install Signal - 2 NBL -- -- Jewetta Avenue ~ Currently under construction. 2 Project shall pay proportionate share of improvements to improve current configuration. It is expected that this intersection will be reconfigured to reflect the circulation element in the future. Source: Traffic Study for General Plan Amendment and Zone Change at Allen road and Kratzmeyer by Ruettgers & Schuller, April 2003. GPA / ZC 03-0014 Conditions of Approval Page 4 of 10 Table 1 (Continued) Future Street Improvements and Local Mitigation Percentages Local Mitigation Project % No. Intersection Total Improvements (Improvements not Share for Local Required by 2023 covered by RTIF) Mitigation 40 Hageman Road at Stripe for full lane usage --- Coffee Road 41 Meacham Road at Install Signal --- Allen Road 42 Rosedale Hwy at I NBL, 1 EBL, I SBL, 1 WBL 1 SBL 0.53% Allen Road (1.6%)~ 43 Rosedale Hwy at I NBL, 1 NBT, 1 NBR, 1 WBL, -- '-- Calloway Drive 1 WBT, 1 SBT, 1 EBL, 1 EBT ~ State project share calculation. Source: Traffic Study for General Plan Amendment and Zone Change at Allen road and Kratzmeyer by Ruettgers & Schuller, April 2003. (Mitigation Measure). It is anticipated that the residential portion of the General Plan Amendment / Zone Change project site will pay the current per lot fee for the Regional Transportation Impact Fee. (Mitigation Measure). The project shall construct roadway improvements along its frontage, pay the proportionate share for the local mitigation improvements identified in the above table, with the residential portion paying the standard per lot rate and the commercial portion of the project paying the fees as shown in Table 2 below. (Mitigation Measure). The Regional Transportation Impact Fee (RTIF) street improvements located within the study area of the Traffic Study are presented in Table 2 below, along with the project's responsibility for contribution to each improvement and the total RTIF fee calculation. This RTIF fee calculation is made for the commercial portion of the project proposal only. (Mitigation Measure). STREET NAME Allen Rd. Table 2 Regional Trans Facilities List - Metro Bakersfield Trans LIMITS NUMBER 2020 FROM TO LENGTH of LANES of LANES Model MILES Volumes Allen Rd. Reina Rd. Allen Rd. ~ Rd. Allen Rd. Meacham Allen Rd. SR 58 Allen Rd. Palm Ave. Allen Bdmhall Rd, 761 Standard Snow Read 1,00 2 4 Snow Road No.is Road 0.50 Norris Road O{ive Ddve 0,50 Drive Frlent Kern Canal Meacham 0.50 6 Meecham SR 58 0.50 4 6 Brimhall 1.00 ~ SF RR Coffee Rd, 7th Standard Coffee Rd. Coffee Rd. SR 58 Brimhall Rd 1,00 6 Coffee Rd. Bdmhall Rd. Truxtun Coffee Rd. .5 mi s/o SR 58 Fruitvale Ave. Snow Noms ,/o Snow ~ Ave. SR 58 Fmitvale Ave. r Ave. Fruitvele Ave. Renfl'o Santa Renfro Santa Fe Way AT & SF RR Santa Fe Way I Fa~n Allen Rd Farm Old Farm Jewetta Jewetta Jev~tta 0.40 0.50 4 0.50 0,75 2 6 0.50 6 0.50 6 Impact Fee Program NOTES 32,000 Widen canal bddJ~_ 23,690 50% Funded~ 16,000 W~den Culvert~anal 16,000 16,000 16,000 16,000 0.50 1300' E 0.25 2 6 Pmjec~ Cost Page 5 of 10 STREET NAME H_~man Rd H_..~man Rd Hageman Rd Hageman Rd Jenkins Rd. Jewetta Ave. Jewetta Ave. Jeweffa Ave. Jewetta Ave. Jewetta Ave. Main Plaza Dr. No~s Rd. Table 2 (Cont.) Regional Transportation Facilities List - Metre LIMITS IMPROVEM'T NUMBER FROM Patton Way Fmitvale Fruitvale Mohawk H~man H~man Rd. Snow Meacham Rd Brimhall Rd. No~s Rd. -~orfis Rd. Coffee No~s Rd. Patton Way )Id Farm Rd. Old Farm Rd. Olive Dr. Olive Dr. olive Dr. olive Dr. Rivedakes Reina Rd. No~ Rd. Jewetta tM TO LENGTH -- MILES oha~k 0.13 1.00 Olive Dr. 1.00 H._~man Rd. 1.00 of LANES Meacham Rd. 0.50 Rosedale Hw 1.00 Callow~ 1.20 FoK Canal Riverlakes 0.50 Olive Dr. Rivehakes Coffee 0.25 ~live Dr. Coffee Olive Dr. Riverlakes Olive Dr. Coffee 1.00 Olive Or. St. 0.50 Ave. 0.25 Ave. RenffoRd. Renfro Rd. ~ ~ ! Ro"~,dale I 7Ih Standard .J. Allen Bdmhall Rd. 0.50 2.00 Coffee 1.00 SR 99 0.50 0.50 4 0,50 4 32,000 Impact Fee Program NOTES Widen 99 Int. Reconstruct Calloway & Fdant Kern bdd Projec~ Snow Rd. Fdant-Kem Canal Page 6 of 10 Table 2 (Cont.) lional Trans ~ortation Facilities List - Metro Bake )ortation Impact Fee Program LIMITS IMPROVEM'T NUMBER NUMBER LANES 2020 Project Project Project STREET FROM TO LENGTH of LANES of LANES Funded Model NOTES Traffic % Cost NAME MILES Ststped Pro~nr~'=~l by FEE Volumes ADT Snow Rd. Verdugo 16~000 Install signal 324 2.02% $2~428 Snow Rd. Verdugo Calloway 0.50 2 4 2 16,000 324 2.02% $5,577 Snow Rd. Calloway 16,000 Install signal 358 2.24% $2,687 Snow Rd. Calloway Coffee 1.00 2 4 2 16,000 48 0.30% $1~843 Snow Rd. Coffee Fmitvale 1.00 16~000 34 0.22% $1~317 Snow Rd. Riveflakes Dr. 16,000 Install signal 48 0.30% $362 Snow Rd. Coffee 15~519 Install signal 34 ).22% $266 Snow Rd. Patton Way 12,061 Install signal 34 0.29% $343 Snow Rd. Fruitvale 21,224 Install signal 34 0.16% $195 SR 58/R.~;~:e Heath 16,000 Install signal 90 0.56% $672 SR 58/Rosedale .5 mi wlo Renfro Allen Rd. 1.50 2 6 4 32~000 RJW & const, cost based on program Unit C 90 0.28% $13,287 SR 58/R,~ Renfro 32~210 Install signal 172 0.53% $642 SR 58/Rosedale Jenkins Rd. 21,843 Install signal 138 0.63% $757 SR 58/R~,,w~eme Allen Rd. 33,387 Signal modification 145 0.43% $173 SR 58/Ru~-~&;e Allen Rd. Jewetta 1 4 6 2 42,465 R/W & const, cost based on program Unit C 90 0.21% $3,185 SR 58/~:~.~.~.:e Jewetta Calloway I 4 6 2 46~120 69 0.15% $2~56 SR 58/Ru~-Ga;e Calloway Coffee I 4 6 2 65~360 103 0.16% $2,387 SR 58/~c.~-~.;~e Coffee Fmitvale I 4 6 2 58,735 69 0.12% $1r771 SR 58/Rc~a;e Fruitvale Mohawk St. 0.5 4 6 2 51 ~740 55 0.11% $804 ;R 58/Rosedale M~,~,',~ St. Gibson 0.75 4 6 2 77~095 55 0.07% $610 SR 58/f~,',~e~ Old Farm Rd. 42r465 Install signal 69 0.16% $195 SR 58/Ru~,;e Jewetta 16,000 Worms 55 0.34% $413 SR 58/~:e AT & SF RR 49~522 Widen RR Grade Sep. (Jewetta) 55 0.11% $534 SR 58/Ru-~-4,,h~ Coffee Fruitvale 58~735 Widen Faint Kem Canal bddge 69 0.12% $464 SR 58/Rosedale Coffee Fruitvale 58,735 Widen 2 Canal Bddges 69 0.12% $704 SR 58/I=£~-:~ Verdugo 46.120 Signal modification 69 0.15% $0 SR 58/R~.?.~-;+ Callow'ay 66,935 Signal modification 165 0.25% $296 SR 58/R,~c-4&le Coffee 94,015 Signal modification 103 O. 11% $0 SR 58/Rosedale Main Plaza Dr. 65,360 Install signal (50% funded) 69 0.11% $63 SR 58/I=, ~.-:~ Patton Way 58,735 Install signal 69 0.12% $141 SR 58/~.-,--.~-.~e Fruitvale 62,562 Signal modification 55 0.09% $106 SR 58/~, ~--:e Mohawk 113,725 Install signal 55 0.05% $58 SR 58/Ru~-Gale Landco 77,095 Signal modification 55 0.07% $86 SR 58/~n~e Gibson 89,930 Signal modification 55 0.06% $74 SR 58/Rosedale AT & SF RR 77,095 Improve RRX (~ AT & SF (w/o Landco) 55 0.07% $71 Verdugo Rd. Reina Rd. 16,000 Install signai 193 1.21% $1~447 . Ve~ugo Rd. Noriega Rd. 16,000 Install signal 400 2.50% $2~997 ~Vl~clugo Rd. Meecham Rd. 16,000 Install signal 172 1.08% $1,292 ~ ir~(~t c,~t~ 12~033~678 35615 0.30% $22~754 -~ 12~033~678 50% of Beltwa¥ ~ and SR 178 35615 0.30% $13~789 /.~,,,;,,~,,~,, 12t033r678 Computer Tracking System (City & County) 35615 0.30% $296 TOT~ .._ $422,445 Page 7 of 10 GPA / ZC 03-0014 Conditions of Approval Page 8 of 10 10. 11. 12. The GC (General Commercial) area shall be modified in order to provide a local street along the south side of the site. This local street shall be aligned with the street proposed to the east of Alien Road. The GC site shall have 25 acres gross. (Condition). The applicant shall submit to the Planning Department a new legal description stamped and signed by a licensed land surveyor or a registered civil engineer, prior to the City of Bakersfield City Council meeting when this item is to be presented to the City Council. (Condition). With submittal of a Land Division or Lot Line Adjustment application, provide dedication of Kratzmeyer Road, Allen Road, and Reina Road to arterial and collector standards. (Condition). 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 GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. (Condition). 13. Submit verification to the North of River Sanitary District manager of the existing sewer systems capability to accept the additional flows to be generated through development under the new land use and zoning. (Condition). 14. 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. (Condition). 15. 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 will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. (Condition). 16. 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 area. (Condition). 17. Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Impact Fee) as indicated in Table 7 of the Traffic Study for the project. Based upon the project tdp generation, 20% is attributed to the residential and 80% to the commercial. An estimate and fee schedule shall be developed by the applicant and approved by Public Works pdor to recordation of a map or issuance of a building permit. GPA / ZC 03-0014 Conditions of Approval Page 9 of 10 18. 19. a. Snow Road/Allen Road - Install signal, add south bound left turn lane, east bound right tum lane, 9.00% share. b. Snow Road/Old Farm Road - Install signal, add south, east and west bound left turn lanes, north bound right turn lane, 2.75% share. c. Kratzmeyer Road/Santa Fe Way - Install signal, add north, east, south and west bound left turn lanes, 4.41% share. d. Santa Fe Way/Rudd Road - install signal, add north, east and west bound left turn lanes, 0.78% share. e. Kratzmeyer Road/Allen Road - add 2 north and 2 west bound left turn lanes, add south bound and east bound left turn lanes, east and north bound right turn lanes, 24.88% share. f. Olive Drive/Old Farm Road - install signal, 18.03% share. g. Olive Ddve/Jewetta Avenue - add east bound left turn lane, 9.10% sham. h. Santa Fe Way/Reina Road - add north, east, south and west bound left turn lanes, 12.49% sham. i. Santa Fe Way/Renfro Road - Install signal, add north, south and east bound left turn lanes, 5.29% share. j. Reina Road/Allen Road - add north, south and west bound left turn lanes, south and east bound right turn lanes, south bound through lane, 29.65% sham. k. Reina Road/Jewetta Avenue - add west and east bound left turn lanes, 12.36% share. I. Noriega Road/Allen Road - add west bound right turn lane, south bound left turn lane, 19.64% share. m. Hageman Road/Santa Fe Way - add north and south bound left turn lanes, 4.17% share. n. Hageman Road/Allen Road - add south bound right turn lane, 11.39% sham. o. Rosedale Highway/Allen Road - add south bound left turn lane, 1.60% sham. (Condition). Regional Transportation Impact Fee: The Traffic Study for the project provided an analysis of the project share of the impact fee for the commercial portion at $422,445 ($32.27 per trip). If the commercial development is submitted for site plan review after adoption of the Phase 3 Impact Fees, the RTIF calculation shall be updated to reflect the new facilities list. Pay the computed commercial fee and the standard full regional transportation impact fee as adopted at the time of development for the residential portion of the project. (Condition). Prior to recordation of tract maps within the residential areas or the issuance of building permits for the commercial area, within the GPA/ZC project site, the developer shall select and implement one or a combination of the following measures and/or programs to result in a reduction in ROG and NOX emissions with an equivalence to 283 agricultural engines, with the commercial area being responsible for 80% of the reductions and the residential ama being responsible for 20%: (a) In the event the City adopts an indirect Source Rule fee or other similar fee to reduce air quality impacts prior to the recordation of subdivisions for the residential area or issuance of building permits for the commercial area of this project site, this project GPA / ZC 05-0014 Conditions of Approval Page 10 of 10 20. 21. 22. 23. (b) 4. (Condition). shall be subject to the fees in effect at the time. Mitigation programs such as, but not limited to, the following: 1. Car crushing of older model cars. This may be achieved in conjunction with an established entity such as the Remove Program. 2. Modification to stationary diesel engines, such as for agriculture use. Modification of fleet vehicles and/or other mobile sources. Financing of a project acceptable to the Air Pollution Control District. If one or more of these programs are selected by the developer, proof of compliance with these measures must be provided to the satisfaction of the Planning Director and the Air Pollution Control District pdor to issuance of building permits for the commercial area or recordation of residential tract maps for the residential area. Proof of compliance may include documentation of the year, number, and type of cars crushed, location and type of engines modified (photo documentation) and quantification of emissions reduced by Air Pollution Control District or the Air Quality consultant. Mitigation may be proportionate to the air quality impacts of the area proposed to be mitigated. (Condition). Due to changes is the methodology or science, or due to changes in the assumptions made in the analysis at the time of approval, the developer will always maintain the right to requantify and reevaluate air quality impacts. (Condition). Access shall be provided for both pedestrian and vehicles along the west and south sides of the commercial site. (Condition). The commercial site shall have a PCD (Planned Commercial Development) overlay zone. (Condition). MO:alii Pdnted: 06/24/2003 2:32:29 PM S:\GPA 2nd Qtr 2003~03-0014V~lmin S R\C.,o~mSI Cond - Exh A.doc EXHIBIT "B" Map CANCELLATION OF LAND CONSERVATION CONTRACT (WlLLIAMSON ACT) A 11 L, KRATZMEYER, ROAD A A REINA OLIVE DRIVE I I ~z -'J NORIEGA ROAD T29S, R26E RD/D