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HomeMy WebLinkAboutRES NO 260-05 RESOLUTION NO. 260-05 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 04-1765 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE SOUTHEAST CORNER OF MCCUTCHEN ROAD AND ASHE ROAD. (Ward 6). 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, SEPTEMBER 12, 2005, and continued to THURSDAY, SEPTEMBER 15, 2005, on Case No, 04- 1765 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. 04-1765 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04·1765: SmithTech/USA Inc., for Thomas Mitchell Ashe, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows to the Land Use designation from R-IA (Resource-Intensive Agriculture) to GC (General Commercial) and LI (Light Industrial) on approximately 43 acres. The project site is located at the southeast corner of McCutchen Road and Ashe 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. 125-05 on September 15, 2005, the Planning Commission recommended denial of General Plan Amendment No. 04-1765 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, 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, November 9, 2005, on the above described General Plan Amendment No. 04-1765 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: 1 f< ~"'l(ê1' (;j ~ ,.. - I- m - .- Q <:) OfOO1NAI 1. The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein, 2. That the infrastruc\ure exists or can easily be provided to accommodate the types of density and intensity of the development. 3. That the Negative Declaration for the proposed General Plan Amendment No. 04- 1765 is hereby recommended for approval. 4. The General Plan Amendment 04-1765 is hereby approved to GC (General Commercial) and LI (Light Manufacturing) on approximately 43 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. 5. As to General Plan Amendment 04-1765 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consistin9 of changes to the land use designations from R-IA (Resource - Intensive agriculture) to GC (General Commercial) on 28 acres and LI (Light Industrial) on 15 acres, as requested by the applicant and shown on attached map in Exhibit "B", located at the southeast corner of McCutchen Road and Ashe Road, the Planning Commission hereby recommends approval 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. 6. Both proposed land use designations are appropriate for that area within Y-í mile of the sewer treatment plant. 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. 2. The Ne9ative Declaration for General Plan Amendment No. 04-1765 is hereby approved and adopted. 3. 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. 4. The City Council hereby approves and adopts General Plan Amendment No. 04- 1765 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 located at the southeast corner of McCutchen Road and Ashe Road, subject to conditions of approval shown on Exhibit "A". 5. That Case No. 04-1765, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. ---------000-------- 2 ~ 'ò1lKt'-£ a ~. >- - I- IT _ r- o C> ORIGINAl I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on NOli 1 II ?r:1r:1<: by the following vote: . ~6~~P ABSTAIN: ABSENT: ,~ ~- '- --.- COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio C of the Council of the City of Bakersfield APPROVED NOV 1 6 2005 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ßigd)~ ~ Attached: Exhibit A - Conditions of Approval B - Map MO:djl S:\GPA 3rd 2005\04~1765\Resolutions\res,gpa_cc.doc 3 «. 'òAKI:i' () ó' "- .,. I- iT - r- o C> ORIGINAl EXHIBIT A Conditions of Approval «. 'òAKf1' c::; <f> ;>.. ~ I- m _ r- o b ORIGINAl EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 04-1765 Air Quality Mitiqation Measures: 1. To ensure trat project emissions are minimized, the applicant is proposing a number of mitigation measures. The following measures have either been applied to the project through the URBEMIS 7.5.0 Model or will be implemented in conjunction with the San Joaquin Valley Air Pollution Control District (SJVAPCD) rules. Therefore, the applicant/developer of the project site shall submit documentation to the Planning Department prior to issuance of any building permit that they will/have met the following air quality mitigation measures: A. Construction Equipment Exhaust The following mitigation measures shall be utilized during the construction phase of the project to reduce construction exhaust emissions. These mitigation measures are stated in the GAMAQI guidance document as approved mitigation for construction equipment: · Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. · Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. · Encourage tide sharing and use of transit transportation for construction employees commuting to the project site. · Use electric equipment for construction whenever possible in lieu of fossil fuel fired equipment. · Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways, B. PM10 Mitigation Measures As the project will be completed in compliance with SJVAPCD Regulation VIII, dust control measures will be taken to ensure compliance specifically during grading and construction phases. The mitigation measures to be taken are as follows: ~ 'óAl<f-9 o ~ >- - I- m _ r- CJ t> ORIGINAl Exhibit A Conditions of Approval GPAlZC 04-1765 · Water previously disturbed exposed surfaces (soil) a minimum of three-times/day or whenever visible dust is capable of drifting from the site or approaches 20% opacity, · Water all haul roads (unpaved) a minimum of three- times/day or whenever visible dust from such roads is capable of drifting from the site or approaches 20% opacity. · Reduce speed on unpaved roads to less than 15 miles per hour. · Install and maintain a tra.ckout control device that meets the specifications of SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicle with three or more axles · Stabilize all disturbed areas, including storage piles, which are not being actively utilized for construction purposes using water, chemical stabilizers or by covering with a tarp, other suitable cover or vegetative ground cover. · Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. · When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. · Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden). · Stabilize the surface of storage piles following the addition or removal of materials using water or chemical sta bi lizerlsupp ressants, · Remove visible track-out from the site at the end of each workday. · Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). · Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials. · Grading should be conducted in phases, · Project site shall not be cleared of existing vegetation cover until required by construction. · The project developer shall re-vegetate graded areas as soon as it is feasible after construction is completed. Page 2 of 11 '< 'òA/{Æ'1' () ~ "- - I-- fT: - f- o C> ORIGINAl. Exhibit A Conditions of Approval GPAlZC 04-1765 · The construction contractor shall submit a Dust Control Plan to the APCD at least 30 days prior to the start of the any construction activity. · Construction contractor shall provide written notification to the APCD within 10 days prior to the commencement of earthmoving activities via fax or mail. · Upon evidence of trespass, prevent unauthorized vehicles 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. 2. With submission of the of the first Parcel Map, Tract Map, or Site Plan Review application for any portion of the subject property, the applicant shall provide an updated air quality impact study addressing the potential for the development of the entire subject property to exceed the San Joaquin Valley Air Pollution Control District's Thresholds of Significance for ozone precursors, The most recent version of URBEMIS that is available at the time of application submission shall be utilized for this analysis. If the proposed development is projected to exceed the District's Thresholds of Significance, then the following conditions shall be met to the satisfaction of the Planning Director: A. Prior to recordation of a final map or issuance of a building permit (whichever occurs first), the subdivider shall select and implement one or a combination of the following measures andlor programs in order to reduce ROG and NOx emissions to below the District's Thresholds of Significance for ozone precursors. i. The subdivider shall fully construct a project or projects approved by the City Public Works Department that will result in the reduction of emissions as described in above, The improvements for said project must be accepted by the Public Works Department prior to recordation the final map. The project selected shall be a project that is not otherwise funded or constructed with the subdivision. The subdivider is responsible for all costs to determine the emission reductions associated with projects. This documentation shall be submitted to the Planning Director and the Public Works Director prior to approval of a project. The projects used for the reduction in emissions may include one or more of the following types of projects: 1. Construction of a new, warranted signal. Page 3 of 11 X 'òM~-9. Cj ~ >- - I- m _ r- Ù C> ORIGINAl Exhibit A Conditions of Approval GPAlZC 04-1765 2. Modification of an existing signalized intersection to add additional left turn storage or dedicated right turn capability, 3. Car crushing of older model cars. 4. Modification to stationary diesel engines, such as for agricultural use. 5. Modification of fleet vehicles and/or other mobile sources. ii. If one or more of these programs is selected by the subdivider, proof of compliance with these measures must be provided to the satisfaction of the Planning Director prior to recordation of a final map. Proof of compliance may include documentation of the number, type and year of cars crushed; location and type of engines modified, photo documentation and quantification of emission reduction by Air Pollution Control District or Air Quality consultant. B. The Developer may provide emissions offsets through participation in a voluntary emission reduction program (VERP) through the San Joaquin Valley APCD. The VERP will require the developer to enter into a binding agreement with the SJVAPCD that will require the SJVAPCD to: i. Review of the air emission impact assessment protocol and quantification of emission estimates attributable to the project. ii. Accept the estimated monetary value of the emission reductions to equal the emissions from the project. iii. Locate and implement the emission reductions. iv. Certify that the emission reductions have been made to the lead agency and the developer in the form of a certificate. v. C. During the life of the project, if the City of Bakersfield adopts an emissions mitigation program that provides equal or more effective mitigation than measures listed in this analysis, the developer may choose to participate in the City's program to mitigate air quality impacts. Page 4 of 11 « ~"K~1' o ~ "- - I- m _ r- o C> 0RI(;INAI Exhibit A Conditions of Approval GPAlZC 04-1765 D. The purchase of Banked Emission Reduction Credits (ERCs) will fully offset the project. ERCs, which have been approved by the SJVAPCD, are retained in the emission inventory for the air basin. Purchase and surrender of ERCs removes them from this inventory, thus fully offsetting the incremental increase to the emissions inventory from this project. Therefore, the emissions inventory contained in the SIP and used for the AQAP will not increase as a result of the project and the AQAP remains valid, E. Should ERCs not be available or deemed cost effective, the developer may provide offsets through other means acceptable to the City Planning Department and approved by the SJVAPCD. F. Fees paid to the SJVAPCD through an approved indirect source emissions fee program may be utilized to provide applicable offsets for tho proposed project. Cultural Resources Mitiqation Measures 3. Should subsurface archaeological remains be unearthed during future construction activity, work in the area of discovery should be stopped until the finds can be evaluated. 4. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097,98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately, Noise 5. Prior to issuance of grading permits, the contractor shall provide evidence acceptable (0 the City Planning Department that (1) all construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped with properly operating and maintained mufflers; (2) construction activities shall be limited to the designated daytime hours as specified by the City of Bakersfield (currently 6 AM to 9 PM on weekdays and 8 AM and 9 PM on weekends). No construction is allowed on Federal holidays, These restrictions apply to all trucks, vehicles, and equipment that are making or involved with material deliveries, loading or transfer of materials, equipment service, and maintenance of any devices for or Page 5 of 11 ~ 'òMé.£ CJ ~ >- - I- m _ r- V C> 0RIGINAI -r Exhibit A Conditions of Approval GPAlZC 04-1765 within the Project construction site. 6. During construction, stationary construction equipment shall be placed such that en litted noise is directed away from noise-sensitive receptors, to the satisfaction of the Building Official. 7, Prior to approval of the project plans and specifications by the City Planning Department, the construction contractor shall incorporate feasible muffling features into all construction vehicles and equipment and into construction methods, and shall maintain all construction vehicles and equipment in efficient operating condition. Traffic 8. Intersection street improvements for the year 2025 which are needed to maintain or improve the operational level of service of the street system in the vicinity of the project are shown below, which 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. Table 8 Future Roadway Improvements and Local Mitigation Local Mitigation Project % Intersection Total Improvements (Improvements Share for Required by 2025 not covered by Local RTIF) Mitiaation Gosford Road: Taft Hwy/SR 119 to Berkshire Add 2 Lanes - - Road Gosford Road: Berkshire Road to Panama Add 2 Lanes Lane - - Gosford Road: Panama Lane to Harris Road Add 3 Lanes Add 1 Lane 2.26% (4.18%) Gosford Road: Harris Road to Pacheco Road Add 3 Lanes Add 3 Lanes 2,26% 14.18%\ Stine Road: Hosking Avenue to Panama Add 2 Lanes - - Lane Wible Road: Hosking Avenue to Gosford Add 2 Lanes - - Road Panama Lane: Buena Vista Road to Gosford Add 2 Lanes Road - - Panama Lane: Gosford Road to Ashe Road Add 1 Lane - - Panama Lane: Akers Road to Wible Road Add 3 Lanes Add 1 Lane 1.83% (3.77'10) Taft Highway/SR 119: Buena Vista Road to Add 2 Lanes - - Ashe Road Taft Highway/SR 119: Ashe Road to Wible Add 2 Lanes - - Road Source: Ruettgers and Schuler Civil Engineers, March 2005. Page 6 of 11 '< <¢i\KC& () ~ >- - I- m _ r- o C> ORIGINAl Exhibit A Conditions of Approval GPAlZC 04-1765 Table 7 Future Intersection Improvement and Local Mitigation # Intersection Total Improvements Required by 2025 local Mitigation Project % (Improvements not Share for covered by RTIF) Local Mitioation 3 Gosford Road & Panama Install Signal- 2 EBl, 1 EBT, 1 EBR, 1 2.78% lane WBl, 1 WBT, 1 NBl, 1 NBT, 1 SBL, 1 1 EBL (3.82%) SBT, 1 SBR 4 Ashe Road & Panama Install Signal - 1 EBl, 2 EBT, 1 EBR, 1 1,7% Lane WBl, 1 WBT, 1 WBR, 1 NBl, 1 NBT, 1 1 EBT, 1 SBl, 1 SBT (2.45%) SBl, 1 SBT 7 Wible Road & Panama 1 EBR, 1 WBl, 1 WBT, 1 WBR, 1 NBl< 1 Lane NBT, 1 NBR, 2 SBT, 1 SBR, Configure 1 WBl, 1 WBT, 1 1.62% WBR to PM+OV, Configure NBR to WBR, 2 SBT, 1 SBR (4.32%) PM+OV 8 Gosford Road & Berkshire Install Signal - 1 EBl, 1 WBl, 1 NBL, 1 1 EBl, 1 WBl 7.33% Road SBL 17.33%) 9 Ashe Road & Berkshire Install Signal - 1 EBL, 1 WBL, 1 NBl, 1 1 SBl 6,31% Road SBl 16.88%} 10 Stine Road & Berkshire Install Signal- 1 Ebl, 1 WBL, 1 NBl, 1 1 EBl, 1 WBl 11.16% Road SBl 117.6%) 11 Gosford Road & Install Signal - 1 EBl, 1 EBT, 1 WBl, 1 McCutchen Road WBT, 1 WBR, 1 NBl, 1 NBT, 1 SBl, 1 - - SBT 13 Ashe Road & McCutchen Install Signal - 1 EBl, 1 WBl, 1 NBl, 1 Road NBT, 1 SBl - - 14 Project Entrance & Install Slgnal- 1 WBI, 1 NBR Install Signla - 1 40.64% McCutchen Road WBl, 1 NBR 160.53%} 15 Golden Gate Drive & Install Signal - 1 EBl, 1 WBl, 1 NBl, 1 1 NBl, 1 SBl 37.35% McCutchen Road SBl 137.35%) 16 Stine Road & Hosking Install Signal - 1 EBl, 1 WBl, 1 NBl, 1 Avenue SBL - - 17 Akers Road & Hosking Install Signal - 1 WBL Avenue - - 18 Wible Road & Hosking Install Signal- 1 EBl, 1 EBT, 1 WBL, 1 Avenue NBl, 1 NBT, 1 SBl - - 20 Stine Road & McKee Road Install Signal - 1 EBL, 1 WBL, 1 NBl, 1 1 NBL, 1 SBl 5.51% SBL 17.93%) 21 Ashe Road & SR 119- Install Signal - 1 EBl, 1 WBl, 1 NBl, 1 1 NBl 4.39% Taft Hiahwav SBL 18.12%) 22 Stine Road & SR 199 - Install Signal - 1 EBl, 1 WBl, 1 NBl, 1 1 NBl 3.57% Taft Hiahwav SBL 17.66%) Source: Ruettgers and Schuler Civil Engineers, March 2005. Notes: (%) Caltrans Percent Share Calculations Method NB = North Bound S8 = South Bound WB = West Bound EB = East Bound L = Left Bound T = Through Lane R = Richt Turn Lane The percent shares shown in Tables 7 and 8 above, for the mitigation were calculated according to the following equations: cost of local Page 7 of 11 «. "òAKf1' () ~ "- - I- m _ r- o C> ORIGINAl Exhibit A Conditions of Approval GPNZC 04-1765 Standard Method: (Proiect Traffic) x 100 (2025 + Project Traffic) Caltrans Method: (Proiect Traffic) (2025 + Project Traffic) - (2005 Traffic) x 100 Source: Ruettgers & Schuier Civil Engineers, March 2005. 9. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: A. Provide fully executed dedication for Ashe Road and McCutchen Road, to Arterial standards, for the full frontages of the area within the GPAlZC request, including along Ashe Road adjacent to the out parcel. 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. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map, B. Construct improvements along Ashe Road adjacent to the out parcel simultaneously with the Ashe Road improvement for the GCI C-1/PCD parcel. If it becomes necessary to obtain any off site right-of-way and if the developer is unable to obtain the required right-of-way, then helshe shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right-of-way, C. A comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPAlZC 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. The City will allow no more than one publicly-maintained sump per 80 acres. Provide an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site. D. 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, Page 8 of 11 X r¿,AKê." () ~ :>-. - I- m _ r- o C> ORIGINAL --..,.....- ·_A'_'.'.'~__·'__"_""_'~_____'____'^ Exhibit A Conditions of Approval GPNZC 04-1765 10. Payment of median fees for the arterial frontage of the property within the GPNZC request, including the out parcel. These fees may be paid prior to recordation of any map or approval of improvement plans, 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 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. 12. The entire area covered by this General Plan Amendment/Zone Change 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 GPNZC area, 13. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8 feet graded shoulders. If it becomes necessary to obtain any off site right-of- way and if the developer is unable to obtain the required right-of-way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right-of-way. Traffic: 14. We have reviewed the traffic study prepared by Ruettgers-Schuler Civil Engineers for a 163,000 SF retail center and 25 acre light industrial development and it appears to be adequate. Based upon the study the following mitigation measures would be appropriate, A. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in Tables 7 & 8 of the traffic study (shown above on pages 6 and 7). An estimate and fee schedule should be developed by the applicant and approved by the Traffic Engineer, prior to recordation of a map or issuance of a building permit. Proportionate shares based PM peak +rips from study as follows: Page 9 of 11 '< 'ò1>.K~-9 () ~ "- - I- 111 _ r- o C> ORIGINAL Exhibit A Conditions of Approval GPAlZC 04-1765 i. Gosford Road & Panama Lane, Add east left turn lane, 3.82% share. ii. Ashe Road & Panama Lane, Add east and south bound through lanes, add south bound left turn lane, 2.45% share. Iii. Wible Road & Panama Lane, Add west bound left and right turn lanes, add west bound through lane, add 2 south bound through lanes, add south bound right turn lane, 4.32% share. iv, Gosford Road & Berkshire Road, Add east and west bound left turn lanes, 7.33% share. v. Ashe Road & Berkshire Road, Add south bound left turn lane, 6.88% share. vi. Stine Road & Berkshire Road, Add east and west bound left turn lanes, 17,6% share. vii. Project entrance & Ashe Road, Install signal, add west bound left and north bound right turn lanes, 100% share. Signal will only be permitted upon approval of a synchronization study submitted for Ashe Road. The signal shall be installed with interconnect to the Ashe Road & McCutchen Road signal and conduit along the entire project frontage of Ashe Road and of McCutchen Road. Since the area served by the signal is not a public road, the signal is considered a "Convenience" traffic signal and shall be included in a Traffic Signal Maintenance District. The applicant shall pay all fees for inclusion in the Maintenance District prior to issuance of a building permit. viii. Golden Gate Drive & McCutchen Road, Add north and south bound left turn lanes, 37.35% share. ix. Stine Road & McKee Road, Add north and south bound left turn lanes, 7.93% share, x. Ashe Road & Taft Highway, Add north bound left turn lane, 8.12% project share. xi. Stine Road & Taft Highway, Add north bound left turn lane, 7.66% share. xii. Gosford Road, Panama Lane to Harris Road, Add 1 lane, 4.18% share. xiii. Gosford Road, Harris Road to Pacheco Road, Add 3 lanes, 4.18% share. xiv. Panama Lane, Akers Road to Wible Road, Add 1 lane, 3.77% share, Reaional Transportation Impact Fee: 15. Pay the standard commercial and industrial fees as adopted at time of development. Fees shall be computed by special study in compliance Page 10 of 11 X ~AXf-? () % "- - I- m - r- o C> ORIGINAl . -.-.,.....-- ~..__.._.- ..---.--,,-,...-~...,~--...--_._--~--"- Exhibit A Conditions of Approval GPAlZC 04-1765 with City policy. Said study shall be completed prior to recordation of the first map or approval of the first development. City Attorney Condition: 16. 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, andlor property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or 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 of Bakersfield related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. This 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. Planninq Commission Conditions: 17. There shall be a forty (40) foot setback from the eastern property line for any structure on the GPAlZC site. 18. The applicant/developer shall construct an eight (8) foot high masonry block wall along the eastern property line of the GPA/ZC site. 19. There shall fJe an eight (8) foot landscape area next to the wall along the eastern property line of the GPAlZC site. MO:djl S:IGPA 3rd 2005104-1765\Admin Staff ReplEx A-1 Condi.doc Page 11 of 11 X 'ò¡"Kf~ () ~ >- - I- m _ r- o C> ORIr,INAI -.-...------...-....-..---..-...-.. .-..........-..- -.---- EXHIBIT B Map of Staff Recommendation ~ 'ôAK~1'. () ~ "- - I- m - r- o C> ORI(;!NAI. . "-"-~_P--'"--,.------"------- - --[J U-øUt:l ::tNI..L~ LC> c.o I'- T'""" I -q- o I- Z W ~ o z w ~ « z « .....J a.. .....J ~ W Z w <.9 5 r::", 5 ~ J I I w ~ W J::ð ",0 s:J: lU~ æ <OJ: ~~ J: o '" I , ~ J ~ ~ ~ " ~ " ~ ;::: .... ö: õ ~ ç Õ -...-- ~-"'--_"'_'_"".._--_.----"_.__. '---~---r----'------- ~ w ~ J ~--J ì , I ~ I ~ Z "'151 '5 .q- ~ J " ,,_,,_"_00_" ~ " ~ ¡¡ ~ .![ -~ N 00 'M 8. . r ~ ~ r- . . C'0 C'0 ~<c, ~\{<j .s"l~ «. 'òAKt1' &s~ 0 ~ "- - ~ 1-0.. rn ç}:.7 _ r- ð 0 nRIf>INAC'