HomeMy WebLinkAboutORD NO 4288
ORDINANCE NO. ~ 28 8
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONING MAP 124-16) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM M-1 TO R-1 ON 2 ACRES AND FROM M-3
TO R-1 ON 38 ACRES, GENERALLY LOCATED ON THE
NORTH SIDE OF EAST WHITE LANE (FUTURE), 1,320
FEET EAST OF COTTONWOOD ROAD (ZC NO. 05-0417).
WHEREAS, in accordance with the procedures 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 of those certain
properties in the City of Bakersfield generally located on the north side of East White
Lane (future), 1,320 feet east of Cottonwood Road; and
WHEREAS, by Resolution No. 132-05 on September 15, 2005, the
Planning Commission recommended approval and adoption of an ordinance amending
Title 17 of the Municipal Code to approve Zone Change No. 05-0417 as delineated on
attached Zoning Map 124-16 marked Exhibit "A", by this Council and this Council has
fully considered the recommendations made by the Planning Commission as set forth
in that Resolution and restated herein; and
WHEREAS, the Planning Commission, as a result of said hearing, did
make several general and specific findings of fact which warranted a negative
declaration of environmental impact and changes in zoning of the subject property from
M-1 to R-1 on 2 acres and from M-3 to R-1 on 38 acres, and the Council has
considered said findings as restated herein and all appear to be true and correct; and
WHEREAS, a Negative Declaration with mitigation was advertised and
posted on August 11, 2005, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single-family
residential development; and
WHEREAS, the City Council has considered and concurs with the
following findings made by the Planning Commission as set forth in Resolution No. 132-
05, adopted on September 15, 2005:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have
been followed.
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3, Based on the intial study and comments received, staff has
determined that the proposed project could not have a significant
effect on the environment. A Negative Declaration was prepared
for the project in accordance with CEQA.
4. The proposed project is consistent with surrounding uses.
5. The proposed project, as shown on Exhibit "A," is consistent with
the Metropolitan Bakersfield General Plan.
6. The public necessity, general welfare and good planning practices
justify the requested zone change, as shown on Exhibit "A."
7. 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 purposes 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 of the State of California Fish and
Game Code. Additionally the assumption of adverse effect is
rebutted by the above-referenced absence of evidence in the
record and the lead agency's decision to prepare a Negative
Declaration for this project.
8, The laws and regulations relating to the preparation and adoption
of Negative Declarations as set forth in CEQA, the State CEQA
Guidelines, and the City of Bakersfield CEOA Implementation
Procedures, have been duly followed by city staff and the Planning
Commission.
SECTION 1,
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
1. That the above recitals, incorporated herein, are true and correct.
2. The Negative Declaration is hereby adopted,
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 of that certain property in said City, the
boundaries of which property is shown on Zoning Map 124-16
marked Exhibit "A" attached hereto and made a part hereof, and
are more specifically described in attached Exhibit "B ",
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4, Such zone change is hereby made subject to the
"Mitigation/Conditions of Approval" listed in attached Exhibit "C",
subject to approval of GPA No. 05-0417.
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,
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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
nr:r. 1 A 2f')nri by the following vote:
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cOUNclLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
cOUNCILMEMBER
cOUNclLMEMBER
COUNclLMEMBER ,\-\" '" ~
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
APPROVED DEC 1 4 2005
HARVEY L. HAL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: /~AJI;/}1, x!Iwft
Exhibit A - Zoning Map 124-16
B - Zone Change Legal Descriptions
C - Mitigation/Conditions of Approval
PH - S:\GPA 3rd 2005\05,0417\ResolutionsICC ZC Ordinance.doc
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Exhibit A
Zoning Map 124-16
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Exhibit B
Zone Change Legal Descriptions
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LEGAL DESCRIPTION FOR ZONING
Zone Chanae from M-3 (General Manufacturing) to R-1 (Single Family Residential):
Lots 11 & 14 in Section 16, Township 30 South, Range 28 East, Mount Diablo Meridian, in
the City of Bakersfield, County of Kern, State of California, as shown upon that certain map
of said Section entitled "Sales Map of Lands of Kern County Land Company" filed in the
office of the County Recorder of Kem County, State of Califomia, July 14,1893.
Excepting the north 270.00 feet of the west 290.00 feet of Lot 11 therefrom.
Zone Chanae from M-1 (Light Manufacturina) to R-1 (Sinale Family Residential):
The north 270.00 feet ofthe west 290.00 feet of Lot 11 in Section 16, Township 30 South,
Range 28 East, Mount Diablo Meridian, in the City of Bakersfield, County of Kern, State of
Califomia, as shown upon that certain map of said Section entitled "Sales Map of Lands of
Kem County Land Company" filed in the office of the County Recorder of Kem County, State
of California, July 14,1893.
Contains approximately 40.20 acres.
Also being Assessor's Parcel 172 - 020 - 11.
Also being the approximate southeast quarter of the northwest quarter of Section 16, Town-
ship 30 South, Range 28 East, MDB & M.
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REVISED July 20.2005
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-0417
Air Qualitv
1. To ensure that Project emissions are minimized, the following measures have either
been applied to the Project through the URBEMIS Model or will be implemented in
conjunction with the San Joaquin Valley Air Pollution Control District (SJVAPCD) rules.
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 mitigation measures:
A. PM10 Mitigation Measures
The criteria pollutant most affected by proposed mitigation measures will be PM10, 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:
· 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%
capacity.
· Reduce speed on unpaved roads to less than 15 miles per hour.
· Install and maintain a trackout 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 stabilizer/suppressants.
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Exhibit C
GPNZC No. 05-0417
Mitigation/Conditions of Approval
· 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 revegetate graded areas as soon as it is feasible
after construction is completed.
B. Measures to Reduce Construction Emissions
The GAMAQI guidance document lists the following measures as approved and
recommended for construction activities:
· Maintain all construction equipment as recommended by manufacturer manuals.
· Shut down equipment when not in use for extended periods of time.
· Construction equipment shall operate no longer than eight (8) cumulative hours
per day,
· Use electric equipment for construction whenever possible in lieu of diesel or
gasoline powered equipment.
· Curtail use of high-emitting construction equipment during periods of high or
excessive ambient pollutant concentrations such as "Spare-the-Air" days as
declared by the SJVAPCD.
· All Construction vehicles shall be equipped with proper emission control
equipment and kept in good and proper running order to substantially reduce
NOx emissions.
· On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if
permitted under manufacturer's guidelines,
· On-Road and Off-Road diesel equipment shall use diesel particulate filters if
permitted under manufacturer's guidelines,
· On-Road and Off-Road diesel equipment shall use cooled exhaust gas
recirculation (EGR) if permitted under manufacturer's guidelines.
· Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if
economic and available to reduce NOx emissions.
· All construction workers shall be encouraged to shuttle (car-pool) to retail
establishments or to remain on-site during lunch breaks.
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Exhibit C
GPA/ZC No, 05-0417
Mitigation/Conditions of Approval
· All construction activities within the Project area shall be discontinued during the
first stage smog alerts.
· Construction and grading activities shall not be allowed during first stage ozone
alerts, First stage ozone alerts are declared when the ozone level exceeds 0.20
ppm (1-hour average).
C. Other Mitigation Measures
The following mitigation measures are recommended to further reduce the potential for
long term emissions from the completed Project:
· The Project design shall comply with standards set forth in Title 24 of the Uniform
Building Code to minimize total consumption of energy,
· Applicants shall be required to comply with applicable mitigation measures in the
Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation
VIII and Indirect Source Rules for the SJVUAPCD,
· The developer shall petition the Golden Empire Transit District (GET) to conduct
a service study to determine if the Project site warrants being annexed into the
GET operational system,
· If the GET service study indicates that the development qualifies for addition to
the GET system, specific bus turnouts and shelters shall be located at
appropriate locations to serve residential sites within the Project area in
consultation with the Golden Empire Transit District. The bus turnouts and
shelters shall be planned by developers in the Project area and local
transportation coordinating entities to encourage the efficient and practical use of
public transit entities servicing the Project area.
· The developer shall comply with the provisions of SJVAPCD Rule 4601 -
Architectural Coatings, during the construction of all buildings and facilities.
Application of architectural coatings shall be completed in a manner that poses
the least emissions impacts whenever such application is deemed proficient.
· The developer shall comply with the provisions of SJVAPCD Rule 4641 during
the construction and pavement of all roads and parking areas within the Project
area. Specifically, the developer shall not allow the use of:
· Rapid cure cutback asphalt;
· Medium cure cutback asphalt;
· Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section
5.1.3);
· Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4.
Page 3 of 9
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Exhibit C
GPAlZC No. 05-0417
Mitigation/Conditions of Approval
2. With submission 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 and/or 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.
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
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Exhibit C
GPNZC No. 05-0417
Mitigation/Conditions of Approval
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 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.
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.
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 the proposed project.
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Exhibit C
GPAlZC No. 05-0417
Mitigation/Conditions of Approval
Cultural Resources:
3. If cultural resources are encountered during construction, a qualified archaeologist shall be
retained by the developer to evaluate the significance of the resources and to formulate a
mitigation program if necessary. The archaeologist shall coordinate with the City of
Bakersfield Planning Department.
4. If human remains are discovered during grading or construction activities, work would
cease pursuant to Section 7050.5 of the California Health and Safely 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.
Residential/Industrial Interface:
5. An 8-foot tall masonry wall (measured from the finished grade of the abutting residential
lots) shall be constructed along the northern boundary of the GPAlZC area. This wall
shall be included on all applicable subdivision maps for the GPAlZC area and shall be
constructed prior to the recordation of each affected phase. This wall shall not interfere
with any easements and shall not have any gaps or openings. If the contiguous
property to the north of the GPA/ZC area is not industrially zoned at the time of final
map recordation, this condition shall not be in force.
6. A minimum 100-foot setback shall be provided between habitable residential structures
within the GPAlZC area and the boundary of contiguous industrially zoned properties to
the north. If there are no contiguous industrially zoned properties to the north of the
subdivision at the time of final map recordation, this condition shall not be in force.
7. With the recordation of final subdivision maps within the GPAlZC area, notices shall be
recorded for all residential lots disclosing their proximity to industrially zoned properties
and specifying the uses permitted and conditionally permitted within the industrial
zone(s) contiguous to the GPA/ZC area. If there are no industrially zoned properties
contiguous to the GPAlZC area at the time of final map recordation, this condition shall
not be in force.
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Exhibit C
GPNZC No. 05-0417
Mitigation/Conditions of Approval
Public Works:
8. 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 East White Lane to arterial standards and
Washington Street to collector standards for the full frontage of the area within
the GPNZC 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, Per the
circulation element, East White Lane changes its alignment to the north. A
portion of the eastern edge of the site may be affected by the change.
Washington Street changes its alignment to the west. A portion of the GPNZC
area may be affected by the change, If a tentative subdivision map over the
entire GPAlZC area is submitted, dedication can be provided with the map.
b. This GPAlZC area is too small to support its own storm drainage sump. The City
will allow no more than one sump per 80 acres; therefore, this GPNZC area
must be included within the drainage area of adjoining property, The developer
shall participate in the development of a Planned Drainage Area and provide a
drainage study for the GPNZC area, showing its proportionate share of the
necessary ultimate storm drainage facilities.
c, Sewer service must be provided to the GPNZC area. The developer shall be
responsible for the initial extension of the sewer line to serve the property. This
sewer line must necessarily be sized to serve a much larger area that the project
area. The City is willing to aid the developer in the formation of a Planned Sewer
Area and/or an Assessment District to provide a mechanism for the
reimbursement of oversizing costs to the developer.
9. The entire area covered by this GPA/ZC shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated
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.
10. This GPNZC area is Y. mile south of the Plant 2 sewer treatment plant. The City will
not allow any residential units to be constructed within Y. mile of the plant. The
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Exhibit C
GPNZC No, 05-0417
Mitigation/Conditions of Approval
developer must record a covenant disclosing to the residents of the location of the
sewer treatment plant.
11. Payment of median fees for the arterial frontage of the property within the GPNZC
request. These fees may be paid prior to recordation of any map or approval of
improvement plans.
12. Access to the project area from East White Lane is provided by a sub-standard road,
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 an arterial road, with 8-foot 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,
13. Prior to the issuance of any building permit, the developer shall pay the applicable
Metropolitan Bakersfield Transportation Impact Fee to the satisfaction of the City of
Bakersfield Public Works Department.
Bakersfield Municipal Airport Compatibilitv:
14, With the recordation of final subdivision maps within the GPNZC area, overflight
easements shall be granted to the City of Bakersfield for all residential lots. Overflight
easements shall grant all rights deemed necessary by the City of Bakersfield to ensure
that the development of said property will neither impede airport operations nor result in
flight hazards, including but not limited to the following: to make flights and associated
noise in airspace over said property; to regulate or prohibit the release of any substance
into the air which might interfere with aircraft operations; to regulate or prohibit light
emissions which might interfere with pilot vision; and to prohibit electrical emissions
which might interfere with aircraft communications systems or aircraft navigational
equipment.
15. With the recordation of final subdivision maps within the GPNZC area, a notice shall be
recorded on the deeds of all residential lots disclosing that the properties are in an area
subject to aircraft overflights, and as a result, residents may experience inconvenience,
annoyance and discomfort arising from the noise of such operations. The notice shall
also state that State law establishes the importance of public use airports for the
protection of the public interest of the people of the State of California and that residents
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Exhibit C
GPA/ZC No, 05-0417
Mitigation/Conditions of Approval
of property near a public use airport should, therefore, be prepared to accept such
inconvenience, annoyance and discomfort from normal aircraft operations.
City Attornev:
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, and/or property owner and/or subdivider ("Applicant" herein) agrees to
indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents,
employees, departments, commissioners 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 related to this project and the obligations of this condition apply
regardless of whether any other permits or entitlements are issued,
The City will promptly notify Applicant of any such claim, action or proceeding, falling
under this condition within thirty (30) days of actually receiving such claim, The City, in
its sole discretion, shall be allowed to choose the attorney or outside law firm to defend
the City at the sole cost and expense of the Applicant and the City is not obligated to
use any law firm or attorney chosen by another entity or party.
Page 9 of 9
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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 15th day of December, 2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No, 4288 passed by
the Bakersfield City Council at a meeting held on the 14th day of December, 2005
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06,020 (ZONING MAP 124-16)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM M-1 TO R-1 ON
2 ACRES AND FROM M-3 TO R-1 ON 38 ACRES, GENERALLY
LOCATED ON THE NORTH SIDE OF EAST WHITE LANE
(FUTURE), 1,320 FEET EAST OF COTTONWOOD ROAD
(ZC NO, 05-0417)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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S:\DOcUMENTlFORMS\AOP. ORD .wpd
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