HomeMy WebLinkAboutRES NO 047-04RESOLUTION NO.O ZJ 7 '" 0 4
RESOLUTION MAKING FINDINGS, APPROVING A
NEGATIVE DECLARATION AND ADOPTING GENERAL
PLAN AMENDMENT CASE NO. 03-1228 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN.
LOCATED ALONG THE SOUTH SIDE OF KRATZMEYER
ROAD TO REINA ROAD, GENERALLY WEST OF ALLEN
ROAD. (Ward 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, December 15,
2003, and THURSDAY, December 18, 2003, on Case No. 03-1228 of a proposed amendment to the
Land Use Element of the General Plan, notice of the time and place of hearing having been given at
least twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, such General Plan Amendment No. 03-1228 of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 03-1228:
Marino & Associates applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan consisting of changes as follows: Land Use Designation
Amendment from R-IA (Resoume-lntensive Agriculture) to LR (Low Density
Residential) on 80 acres. The project site is located along the south side of
Kratzmeyer Road to Reina Road, generally west of 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, by Resolution No. 172-03 on December 18, 2003, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 03-1228 subject to conditions
and mitigation listed in Exhibit "A" and this Council has fully considered the finding made by the
Planning Commission as set forth in that Resolution; and
WHEREAS, Policy No. 14 of the Conservation/Soils and Agricultural Element of the
Metropolitan Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) factors
when considering projects that propose to convert designated agricultural land to non-agricultural
uses; and
WHEREAS, the Planning Commission has evaluated the ten (10) factors provided under
Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan Bakersfield
General Plan and finds the following:
ORIGINAL
1.)
2.)
3.)
4.)
5.)
6.)
7.)
Soil Quality
Finding - The soil types of the project site (Milliam sandy loam, 0-2 percent slopes
and Wasco sandy loam) are some of the most common soils within the Valley Floor
of Kern County. The soil types are not unique or found only on the project site.
Therefore, the conversion of the project site to urbanization is appropriate for the
area.
Availability of irrioation water
Finding - The subject site is not unique for farmland in the area in having an
adequate supply of domestic water for uses proposed. Therefore, the conversion of
the project site to urbanization is appropriate for the project site and area.
Proximity to non-aqricultural uses
Finding - The project site is located adjacent to an existing 60 acre residential
subdivision with another 40 acre subdivision that has been recorded and being
constructed. These subdivisions are east of the project site. Therefore, the
conversion of the project site is the expansion of urban uses and appropriate for the
area.
Proximity to intensive Darcelization
Finding - The areas east and southeast of the site are planned for residential
development. Therefore, the conversion of the project site to urbanization is
appropriate for the area.
Effect on properties subject to "Williamson Act" land use contracts
Finding - The project site currently contains a Williamson Act contract, however, the
proposal is to cancel the contract and pay the appropriate fees. The conversion of
the project site to urban development would not prohibit any adjacent agricultural land
or agricultural land in the general area from growing crops or participating in the
Williamson Act program. The project would not require any property in the general
area under an existing Williamson Act contract to begin the notice of nonrenewal or
cancellation process. Therefore, the conversion of the project site to urbanization is
appropriate for the area.
Ability to be provided with urban services (sewer, water, roads, etc.)
Finding - The City of Bakersfield has determined that the City and North of River
Sanitary District will be able to provide all City services to the project site. The project
site is within the sphere of influence boundary of the North of Bakersfield Sanitary
District and will be annexed to the district prior to development of the site. Therefore,
the conversion of the project site to urbanization is appropriate for the area.
Ability to affect the application of aqricultural chemicals on nearby aoricultural
properties
ORIGINAL
8.)
9.)
Finding - In Kern County, farmers are required to obtain site-specific permits from the
Kern County Agricultural Commissioner for the purchase and use of many
agricultural chemicals. The Agricultural Commissioner evaluates the proposed
chemical application to determine whether it is near sensitive areas such as
residential areas or schools. State law requires the Agricultural Commissioner to
ensure that chemical applicators take precautions to protect people and the
environment. Based on this evaluation, the Agricultural Commissioner may deny the
application or require specific use practices to mitigate any potential hazards. Such
practices include method of application, time of day, consideration of weather
conditions, and use of buffer zones. When such permit conditions are in place, they
have the force of regulation and are strictly enforceable. The Kern County
Agricultural Commissioner prohibits the aerial application of restricted chemicals
within a quarter mile of any residential area or active schools.
The proposal will not affect the application of agricultural chemicals for property
located adjacent on the south side of the project site because that property is located
within a quarter mile of an existing residential subdivision. The properties to the east
of the project site do not contain agricultural land. The project site is located within a
quarter mile of a number of residential homes and other uses that may restrict aerial
application. Based on the requirements of the Kern County Agricultural
Commissioner and the existing land uses surrounding the project site, it is unlikely
the proposal itself would have any affect on the application of agricultural chemicals
on nearby agricultural properties. Therefore, the conversion of the project site to
urbanization is appropriate for the area.
Ability to create a precedent-settinq situation that leads to the premature conversion
of prime aqricultural lands
Finding - The project would not create any situation that would lead to the premature
conversion of adjacent or area agricultural land. The project site is bounded by a
designated Arterial on the north, designated Collectors south and east, single family
residential development on the east. Each of these factors provides a buffer that
would prevent the project from prematurely converting agricultural land.
Demonstrated Droiect need
Finding - The proposal is a logical expansion of residential and commercial
development in the northwestern portion of the City of Bakersfield. The project site is
adjacent to an existing and future residential area. The existing city limit line is
located adjacent along the east side of the project site, and the proposal is to annex
the site to the City of Bakersfield. The Metropolitan Bakersfield General Plan
encourages the orderly outward expansion of new urban development that maintains
continuity of existing development and allows incremental expansion of infrastructure
and public services. The proposal complies with the General Plan's criteria. As well,
the proposed 25 acre commercial designation at the southwest corner of Kratzmeyer
Road and Allen Road is needed to provide commercial services for both the
proposed growth and existing population in the general area. There are no existing
25 acre commemial designations within a one mile radius of the proposed
commercial site. The proposal meets the objectives and policies of the Housing
Element by providing housing and locating the residential development in close
proximity to commercial development that would provide services and jobs.
10.) Necessity of buffers such as lower densities, setbacks, etc
Finding - The project site is bounded by an Arterial designation on the north,
Collector designations on the south and east, single family residential development
on the east. These factors will serve as buffers for adjacent agricultural land.
Therefore, the conversion of the project site to urbanization is appropriate for the
area; and
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,
February 25, 2004, on the above described General Plan Amendment No. 03-1228 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, 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 General Plan Amendment No. 03-1228 is hereby
recommended for approval.
The General Plan Amendment 03-1228 is hereby approved to LMR (Low Medium
Density Residential) on 80 acres as requested by the applicant and recommended
by staff, with mitigation measures adopted in the Negative Declaration and
conditions of approval for the project.
That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
As to General Plan Amendment 03-1228 the recommended amendment to the Land
Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to
the land use designations from R-IA (Resoume-lntensive Agriculture) to LR (Low
Medium Residential) on 80 acres, as requested by the applicant and shown on
attached map in Exhibit "B", located along the south side of Kratzmeyer Road to
Reina Road, generally west of Allen Road, the Planning Commission hereby
recommends adoption of such Land Use Element Amendment of the Metropolitan
Bakersfield General Plan, subject to mitigation and conditions of approval shown on
Exhibit "A", and recommend same to City Council.
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. 03-1228 is hereby
approved and adopted.
4
ORIGINAL
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.
That pursuant to Policy No. 14 of the Conservation/Soils and Agricultural Element of
the Metropolitan Bakersfield General Plan the City Council made specific findings.
The City Council hereby approves and adopts General Plan Amendment No. 03-
1228 of the proposed amendment to the Land Use Element of the Metropolitan
Bakersfield General Plan, constituting changes as shown on the map marked Exhibit
"B', attached hereto and incorporated as though fully set forth, for property generally
located along the south side of Kratzmeyer Road to Reina Road, generally west of
Allen Road, subject to conditions of approval shown on Exhibit "A".
That Case No. 03-1228, approved herein, be combined with other approved cases
described in separate resolutions, to form a single Amendment to the Metropolitan
Bakersfield General Plan.
......... O00 ........
I HEREBY CERTIFY that the foregoing Resolution was passe(~r~d adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on I:l ~ ~ 21~04 , by
the following vote:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
ABSTAIN: COUNClLMEMBER
ABSENT: COUNClLMEMBER
APPROVED FEB 2 5 20{)4
MAYOR of the City of Bakersfield
CITY CLERK and Ex Offici(},//~lerk of the
Council of the City of Bakersfield
APPROVED as to formu
VIRGINIA GENNARO,
City Attorney · _
By:/" ~' '~,'~ ~, '-(~-,J"~i" ' ~- L~
MO:djl
S:\GPA 4th Qtr 2003\03-1228\Resolution\res,gpa_¢c.doc
ORIGINAL
EXHIBIT A
CONDITIONS OF APPROVAL
ORIGINAL
EXHIBIT A
Conditions of Approval
General Plan AmendmentJZone Change No. 03-1228
Prior to any further urbanization of the project site, the payment of the fee calculated by the Kern
County Assessor's Office, the calculated fee is $300,000.00 for the 80 acre site or $3,750.00 per
gross acre, if phased. (Condition).
A maximum of 250 dwelling units shall be developed for the GPNZC site. This is based on the
Air Quality analysis for the project (page 7). (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),
and the local Native American community, shall be notified. In the absence of any
archaeological resource on the project site, should any 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 facilities is necessary, service would be provided in
accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations.
(Mitigation Measure).
The applicant shall complete the following improvements prior to recordation of any subdivision
on the project site. The Intersection Level Of Service (LOS) with mitigation improvements are
shown on the below Tables 1,2 and 3. (Mitigation Measure).
Table 1
Intersection Level of Service - PM Peak Hour
Signalized Intersections
Intersection
Calloway & Olive Dr
Allen & Rosedale Hwy
2003
B
C
2003+
Project
B
C
2023 2023+ I 2023+
Project I Project wfl~ifi~tlon
B B -
E E C
Table 2
Intersection Level of Service- AM Peak Hour
Signalized Intersections
Intersection
Allen & Rosedale Hwy
20O2
c
2002+
Project
C
2023
F
2023+
Project
F
2023+
Project w/Miti~atlnn
c
ORIGINAL
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 2 of 7
Table 3
Intersection Level of Service - PM Peak Hour
Unsignalized Intersections
# Intersection Movement 2003 2003+ 2023 2023+ 2023+ Project
Project Project w/Mitigation
I Allen Rd & Snow Rd WB B B F F C
2 Rudd Rd & Kratzmeyer Rd SB A A B B
3 Jenkins Rd & Kratzmeyer Rd Overall Intersection - A A A
4 Allen Rd & Olive Dr EB, WB B, A C, B F, F F, F C
5 Old Farm Rd & Olive Dr Overall Intersection - - B B B
6 Jewetta Ave & Olive Dr EB, WB B, - B, - F, F F, F C
7 Verdul~o Ln & Olive Dr NB, SB A, A A, A B, A B, A B
9 Santa Fe Wy & Reina Rd EB, WB B, B B, C E, E E, F B
10 Renfro Rd & Santa Fe Wy NB B B C C -
! 1 Jenkins Rd & Reina Rd Overall Intersection A A A -
12 Allen Rd & Reina Rd EB, WB B, B C, C F, F F, F C
13 Allen Rd & Noriega Rd WB B B D E A
14 Santa Fe Wy & Hageman Rd Overall Intersection E E F F C
15 Allen Rd & Hageman Rd SB C D F F, F B
16 Old Farm Rd & Hageman Rd NB, SB B, C C, C F F C
17 Jewetta Ave & Hageman Rd Overall Intersection E F F F C
18 Allen Rd & Meacham Rd EB C D F F B
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 the
Table 4 below. The table also identifies those improvements not covered by the regional
Transportation Impact Fee (RTIF) program and the project's percent share for the cost of all
non-RTIF (local mitigation) improvements. These improvements shall be completed by the
applicant prior to recordation of any subdivision on the project site. (Mitigation Measure).
ORIGINAL
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 3 of 7
Table 4
Future Street Improvements and Local Mitigation Percentages
# Intersection Total Improvements Required by Local Mitigation Project %
2023 (Improvements not Share for
covered by RTIF) Local
Mitigation
1 Allen Rd & Snow Rd Install Signal - 1 WBR, 1 SBL I SBL 1.88%
4 Alien Rd & Olive Dr Install Signal - 1 EBL, I WBL, 1 1 NBL, 1 SBL 6.34%
NBL, 1 SBL
5 Old Farm Rd & Olive Dr Install Signal - I EBL, I WBL, 1 1 NBL, I SBL 7.32%
NBL, I SBL
6 Jewetta Ave & Olive Dr Install Signal - I EBL, ! WBL, 1
NBL, I SBL
7 Verdugo Ln & Olive Dr Install Signal -
9 Santa Fe Wy & Reina Rd Install Signal I EBL, 1 WBL, 1 NBL, Install Signal - l EBL, 1 3.6%
I SBL WBL, I NBL, 1 SBL
12 Allen Rd & Reina Rd Install Signal - I EBL, 1 WBL, 1 l EBL, 1 WBL, 1 NBL, 1 7.67%
NBL, I SBL, 1 SBR SBL, 1 SBR
13 Allen Rd & Noriega Rd Install Signal - 1 WBR, I SBL 1 WBR, 1 SBL 9.85%
14 Santa Fe Wy & Hageman Install Signal - 1 EBL, 2 WBL, I 1 NBL 3.21%
NBL, 1 SBL
15 Allen Rd & Hageman Rd Install Signal - 1 EBL, I SBR -
16 Old Farm Rd & Hageman Install Signal - 1 EBL, 1 WBL, 1 NBL I WBL, 1 NBL 3.3%
17 Jewetta Ave & Hageman Install Signal - I NBL 1 NBL 2.14%
18 Allen Rd & Meacham Install Signal - 1 EBR, I SBR 1 EBR, I SBR 2.98%
19 AllenRd&RosedaleHwy 1 EBL, 1 EBT, I WBL, I WBT, i 1SBL 1.59%
NBL, 1 NBT, 1 SBL (4.72%)
With submittal of a land division or Lot Line Adjustment application, provide dedication of
Kratzmeyer Road and Reina Road to arterial and collector standards, including expanded
intersections.
5.a
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. Provide an easement for the ultimate retention basin
site, along with necessary easements for the transportation of drainage water to the site.
5.b
Submit verification to the City Engineer of the existing sewer systems capability to
accept the additional flows to be generated through development under the new land
use and zoning.
5.C
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.
ORIGI,~!.~L
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 4 of 7
11.
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 atthe 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
pregression is not adversely affected.
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 Distdct 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.
Pay the proportionate share of the following mitigation measures (not paid for by the Regional
Transportation Impact Fee - RTIF) as indicated in Table 7 of the traffic study. An estimate and
fee schedule should be developed by the applicant and approved prior to recordation of a map
or issuance of a building permit.
Allen Road/Snow Road - Add south bound left turn lane, 1.88% share
Allen Road/Olive Drive - Add north and south bound left turn lanes, 6.34% share
Old Farm Road/Olive Drive - Add north and south bound left turn lanes, 7.32% share
Santa Fe Way/Reina Road - Install signal, add north, east, south and west bound left turn lanes,
3.6% share
Allen Road/Reina Road - Add north, east, south and west bound left turn lanes, south bound
right turn lane, 7.67% share
Allen Road/Noriega Road - Add west bound right and south bound left turn lanes, 9.85% share
Santa Fe Way/Hageman Road - Add north bound left turn lane, 3.21% share
Old Farm Road/Hageman Road - Add west and north bound left turn lanes, 3.3% share
Jewetta Avenue/Hageman Road - Add north bound left turn lane, 2.14% share
Allen Road/Meacham Road - Add east and south bound right turn lanes, 2.98% share
Allen Road/Rosedale Hwy - Add south bound left turn lane, 4.72% share
Pay the standard residential fees, as adopted at time of development, for the residential portions.
The previsions of Rule 8011 are applicable to specified outdoor fugitive dust sources. This Rule
prevides definitions, exemptions, requirements, administrative requirements, recordkeeping
requirements, and test methods that are applicable to all Rules under Regulation VIII.
(Mitigation Measure).
Rule 8021 applies to any construction, excavation, extraction and other earthmoving activities,
including but not limited to, land clearing, grubbing, scraping, travel on site, and travel on access
roads to and from the site. (Mitigation Measure).
ORIGIE~L
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 5 of 7
12.
13.
14.
15.
16.
17.
18.
No person shall perform any construction, demolition, excavation, extraction, or other
earthmoving activity unless the appropriate requirements in Sections 5.1 and 5.2 are sufficiently
implemented to limit VDE21 to 21% opacity. (Mitigation Measure).
The developer of the site shall control the fugitive dust emissions to meet the requirements
below:
13a. Pro-water the site sufficient to limit VDE to 20% opacity.
13b. Phase the work to reduce the amount of disturbed surface aroa at any one time.
(Mitigation Measure).
The developer shall meet the following requirements during active operations:
14a. Apply water or chemical/organic stabilizers/suppressants sufficient to limit VDE to 20%
opacity.
14b. Construct and maintain wind barriers sufficient to limit VDE to 20% opacity. If utilizing
wind barriers, control measure above shall also be implemented.
14c. Apply water or chemical/organic stabilizers/suppressants to unpaved haul/access
roads and unpaved vehicle/equipment traffic areas sufficient to limit VDE to 20%
opacity and meet the conditions of a stabilized unpaved road surface.
(Mitigation Measure).
The developer shall meet the following requirements for temporary stabilization during pedods of
inactivity:
15a. Restrict vehicular access to the area
15b. Apply water or chemical/organic stabilizers/suppressants, sufficient to comply with the
conditions of a stabilized surface. If an aroa having 0.5 acres or more of disturbed
surface area remains unused for seven or more days, the area must comply with the
conditions for a stabilized surface aroa as defined by the SJVAPCD.
(Mitigation Measure).
The developer of the site shall meet all requirements of Rule 8011. (Mitigation Measure).
Since the project site is greater than 40 acres in size, the owner shall submit a Dust Control Plan
(DCP) to the San Joaquin Valley Air Pollution Control District (SJVAPCD) within 10 days pdor to
the commencement of any construction activity on the site. (Mitigation Measure).
The owner of the site shall provide wdtten notification to the SJVAPCD within 10 days pdor to
the commencement ofearthmoving activities via faxor mail. (Mitigation Measure).
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 6 of 7
19.
20.
21.
22.
The developer shall provide a Dust Control Plan (DCP) which describes all fugitive dust control
measures to be implemented before, during and after any dust generating activity. Regardless
of whether an approved DCP is in place or not, or even when the owner/operator responsible for
the plan is complying with an approved DCP, the owner/operator is still subject to comply with all
requirements of the applicable rules under Regulation VIII at all times. (Mitigation Measure).
The DCP shall contain all of the following information as follows:
20a.
Name(s), address(es), and phone number(s) of person(s) and owner(s)/operator(s)
responsible for the preparation, submittal, and implementation of the DCP and
responsible for the dust generation operation and dust generating application.
20b. A plot plan, which shall show the type and location each project site.
20c. The total area of land surface to be to be disturbed, daily throughput volume of
earthmoving in cubic yards, and total area in acres of the entire project site.
20d. The expected start and completion dates of dust generating and soil disturbance
activities to be preformed on the site.
20e. The actual and potential sources of fugitive dust emissions on the site and the location of
bulk carryout/trackout may occur; and traffic areas.
2Of.
Dust suppressants to be applied, including: product specifications; manufacturer's usage
instructions (method, frequency, and intensity of application); type number and capacity
of application equipment; and information on environmental impacts and approvals or
certifications related to appropriate and safe use for ground applications.
20g. Specific surface treatment(s) and /or control measures utilized to control matedal
carryout, trackout, and sedimentation where unpaved and /or access points join paved
public access roads.
(Mitigation Measure).
Rule 8041 shall be met by the developer and would apply to sites that are subject to Rule 8021
(Construction, Demotion, Excavation, Extraction, and other Earthmoving Activities), Rule 8031
(Bulk Materials) and Rule 8071 (Unpaved Vehicle and Equipment Traffic Areas) where carryout
or trackout has occurred or may occur.
21a. The owner shall sufficiently prevent or cleanup carryout and trackout as specified in
Sections 5.1 through 5.8 of the Rule.
Rule 8051 shall be met by the developer and would apply to open areas having 3.0 acres or
more of disturbed surface area that has remained undeveloped, unoccupied, unused, or vacant
for more than seven days.
ORIGIH~L
Exhibit A
Conditions of Approval
GPAJZC 03-1228
Page 7 of 7
23.
24.
Whenever open areas are disturbed or vehicles are used in open areas, the ownedoperator
shall implement one or a combination of control measures indicated below to comply with the
conditions of a stabilized surface at all times and to limit VDE to 20% opacity:
23a. In all open areas:
i. Apply and maintain water or dust suppressant(s) to all un-vegetated areas
sufficient to limit VDE to 20% opacity; or
ii. Establish vegetation on all previously disturbed areas sufficient to limit VDE to
20% opacity; or
iii. Pave, apply and maintain gravel, or apply and maintain chemical/organic
stabilizers/suppressants sufficient to limit VDE to 20% opacity.
23b. When there is vehicle use in open areas:
iv. Upon evidence of trespass, prevent unauthorized vehicle access by posting "No
Trespassing" signs or installing physical barriers such as fences, gates, posts,
and or other appropriate barriers to effectively prevent access to the area.
(Mitigation Measure).
North Bakersfield Recreation and Park District will need a 10-acre neighborhood park
somewhere near the northwest corner of the project site to serve this general area and other
anticipated development around the site. Park in lieu fees for this development could be offset
with a donation of a park site that meets the District's requirements, subject to approval by the
North Bakersfield Recreation and Park District. The developer shall demonstrate to the
Planning Director that this condition has been met, prior to recordation of a tentative tract on the
project site. The District would then be allowed to purchase the balance of the 10-acre
neighborhood park site. If the developer is unwilling to allow the use of 10-acres of their
development for a public park, park in lieu fees will be required to assist in mitigating the impact
to park and recreation services. Park development fees are also required. (Condition).
MO:djl
S:\GPA 4th Qtr 2oo3~03-1228~admin SR\Cond - Exh A.doc
EXHIBIT B
LOCATION MAP
z~
C]¥0~ I~tYJ GlO