HomeMy WebLinkAboutORD NO 4297
ORDINANCE NO.
.'297
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO,
123-34 AS RECOMMENDED BY THE PLANNING
COMMISSION AND BY CHANGING THE PREZONING FROM A
(AGRICULTURE) TO C-1/PCD (NEIGHBORHOOD
COMMERCIAUPLANNED COMMERCIAL DEVELOPMENT)
AND M-1 (LIGHT MANUFACTURING) ZONES ON
APPROXIMATELY 43 ACRES, LOCATED AT THE
SOUTHEAST CORNER OF MCCUTCHEN ROAD AND ASHE
ROAD, (ZC 04-1765) (Ward 6),
WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the
Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a
petition by SmithTech/USA Inc. for Thomas Mitchell Ashe to change the land use zoning of those
certain property in the City of Bakersfield located at the southeast corner of McCutchen Road and
Ashe Road; and
WHEREAS, by Resolution No, 126-05 on September 15, 2005, the Planning Commission
recommended approval of an ordinance to amend Title 17 of the Municipal Code from A
(Agriculture) to C-1/PCD (Neighborhood Commercial/Planned Commercial Development) and M-1
(Light Manufacturing) zones as delineated on attached map marked Exhibit "B", and this Council
has fully considered the recommendations made by the Planning Commission as set forth in that
Resolution; 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
WHEREAS, the Planning Commission recommended approval of the proposed changes in
zoning of the subject property from A (Agriculture) to C-1/PCD (Neighborhood Commercial/Planned
Commercial Development) on 28 acres and M-1 (Light Industrial) on 15 acres and the Council has
considered said findings and all appear to be true and correct; and
WHEREAS, the applicant wishes to develop commercial and industrial uses on the project
site, upon annexation to the city, 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 city staff, the Planning Commission and this Council; and
WHEREAS, a Negative Declaration for the proposal was advertised and posted on August
22, 2005, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential uses; and
WHEREAS, the City Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct and constitute the findings of the
Planning Commission in this matter,
2.
All required notices have been given.
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3. The provisions of the California Environmental Quality Act (CEQA) have been
followed.
4. Based on the initial 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 and sent to responsible agencies and property owners
within 300 feet of the project site. A Negative Declaration was prepared for this
project in accordance with CEQA.
5. The public necessity, general welfare and good zoning practice justify the
recommended change of zone to C-1/PCD (Neighborhood Commercial/Planned
Commercial Development) and M-1 (Light Manufacturing) zones on approximately
40 acres located at the southeast comer of McCutchen Road and Ashe Road,
6. The project site, with prior approval of General Plan Amendment No, 04-1763, is
designated LR (Low Density Residential) on the Metropolitan Bakersfield General
Plan Land Use Plan.
7. The recommended zone change will reflect the previously adopted General Plan
Amendment No. 04-1765,
8. The recommended zone change is compatible with uses typical of development with
complete urban services available by the City of Bakersfield.
9. The recommended zone change is consistent with the Metropolitan Bakersfield
General Plan, subject to prior approval of General Plan Amendment No, 04-1765,
10. That Zone Change No. 04-1765 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration,
11. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning to C-1/PCD
(Neighborhood Commercial/Planned Commercial Development) on 28 acres and M-
1 (Light Manufacturing) on 15 acres on Map No, 123-34, of that certain property
being annexed to the City of Bakersfield as described in Exhibit "C" herein attached.
12. That Zone Change No. 04-1765, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit "A", subject to
prior approval of General Plan Amendment No. 04-1765.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration is hereby approved and adopted.
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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 being annexed to the City, the boundaries of which property is shown on the
map marked Exhibit "B" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "C".
4. Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to prior approval of General Plan Amendment No.
04-1765,
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 Drr. 1 .. 'I'll'll': , by the
following vote:
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COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
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. Me.
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cle of the
Council of the City of Bakersfield
APPROVED OEC 1 4 2DD5
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
By ~/vI- ~.
Attachments: Exhibit A - Conditions of Approval
Exhibit B - Map
Exhibit C - Legal Description
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EXHIBIT A
Conditions of Approval
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EXHIBIT A
Conditions of Approval
General Plan AmendmenUZone Change No. 04-1765
Air Qualitv Mitiqation Measures:
1, To ensure that 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:
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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 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
sta bil izer/ su ppressa nts,
· 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,
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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 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 àccepted 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.
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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.
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Exhibit A
Conditions of Approval
GPNZC 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 the 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 Califomia 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 to 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
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Exhibit A
Conditions of Approval
GPAlZC 04-1765
within the Project construction site,
6, During construction, stationary construction equipment shall be placed
such that emitted 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\ Mitination
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%
14.1B%\
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.B3%
13.77%)
Taft Highway/SR 119: Buena Vista Road to Add 2 Lanes - -
Ashe Road
Taft Hlghway/SR 119: A.he Road to Wible Add 2 Lanes - -
Road Source: Ruettgers and Schuler Ci....il Engineers, March 2005.
,
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Exhibit A
Conditions of Approval
GPAlZC 04-1765
Table 7
Future Intersection Improvement and Local Mitigation
# Intersection T otallmprovements Required by 2025 Local Mitigation Project %
(Improvements not Share for
covered by RTIF) Local
Mitiqation
3 Gosford Road & Panama Install Slgnal- 2 EBL, 1 EBT, 1 EBR, 1 2,7B%
Lane WBL, 1 WBT, 1 NBL, 1 NBT, 1 SBL, 1 1 EBL (3.B2%)
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 (7,330/0\
9 Ashe Road & Berkshire Install Signal- 1 EBL, 1 WBL, 1 NBL, 1 1 SBL 6.31%
Road SBL (6,8B%\
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 Slgnai - 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 (37.35%)
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 Rvad 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 - 1EBL, 1 WBL, 1 NBL, 1 1 NBL 4.39%
Taft Hiqhwav SBL (8.12%)
22 Stine Road & SR 199 - Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 1 NBL 3.57%
Taft Hlahwav SBL 17.66%\
Source: Ruettgers and Schuler Civil Engineers, March 2005.
Notes: (%) Caltrans Percent Share Calculations Method
NB = North Bound SB = South Bound
WB = West Bound EB = East Bound
l = Left Bound T = Through Lane
R = Rinht 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
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Exhibit A
Conditions of Approval
GPAlZC 04-1765
Standard Method:
(Proiect Traffic) x 100
(2025 + Project Traffic)
Caltrans Method:
(proiect Traffic)
(2025 + Project Traffic) - (2005 Traffic)
x 100
Source: Ruettgers & Schuler 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.
8, Construct improvements along Ashe Road adjacent to the out
parcel simultaneously with the Ashe Road improvement for the GC/
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 he/she 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,
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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 tt,e 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 trips from study as follows:
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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,
Reqional 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
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0RIGINAI
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.
Citv 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, 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 indem"lification 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 GPA/ZC 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 :Je an eight (8) foot landscape area next to the wall along the
eastern property line of the GPAlZC site,
MO:djl
S:IGPA 3rd 2005104-1765IAdmin Staff ReplEx A-1 Condi.doc
Page 11 of 11
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EXHIBIT C
LEGAL DESCRIPTION
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LEGAL DESCRIPTION
ZONE CHANGE
TOTAL ACREAGE: 43.41
BEING A PORTION OF PARCELS 1 AND 2 OF PARCEL MAP No, 3508
RECORDED JULY 22,1976 IN BOOK 16 OF PARCEL MAPS AT PAGE 88 OF
PARCEL MAPS, ALSO BEING A PORTION OF THE NORTHWEST QUARTER
OF SECTION 34, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO
BASE AND MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL-A
FROM AGRICULTURE TO C-1
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34, SAID
POINT OF COMMENCEMENT BEING THE CENTERLINE INTERSECTION OF
ASHE ROAD AND McCUTCHEN ROAD AND THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 89°01'11" EAST ALONG THE CENTERLINE OF SAID
McCUTCHEN ROAD, 1549,80 FEET TO THE NORTHEAST
CORNER OF PARCEL 1 OF SAID PARCEL MAP 3508;
THENCE SOUTH 00°27'41" WEST ALONG THE EAST LINE OF SAID
PARCEL 1, 638,99 FEET TO AN ANGLE POINT IN THE
EXISTING BOUNDARY OF SAID PARCEL 1;
THENCE NORTH 89°34'34" WEST ALONG THE EXISTING BOUNDARY OF
SAID PARCEL 1, 223,88 FEET TO A POINT BEING THE
NORTHEAST CORNER OF PARCEL 2 OF SAID PARCEL MAP;
THENCE SOUTH 00°25'26" WEST ALONG THE EXISTING BOUNDARY OF
SAID PARCEL 2, 165,00 FEET TO AN ANGLE POINT;
THENCE NORTH 89°34'34" WEST, 1325,43 FEET TO A POINT OF
INTERSECTION WITH THE CENTERLINE OF SAID ASHE ROAD;
THENCE NORTH 00°25'26" EAST ALONG THE CENTERLINE OF SAID
ASHE ROAD, 819,04 FEET TO THE TRUE POINT OF
BEGINNING,
CONTAINS: 28.02 ACRES
Page 1 of 2
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ORiGiNAL
PARCEL-B
FROM AGRICULTURE TO M-1
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34, SAID
POINT OF COMMENCEMENT BEING THE CENTERLINE INTERSECTION OF
McCUTCHEN ROAD AND ASHE ROAD; THENCE SOUTH 00°25'26" WEST
ALONG THE CENTERLINE OF ASHE ROAD, 819,04 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 89°34'34" EAST, 1325.43 FEET TO A POINT OF
INTERSECTION WITH THE EAST LINE OF PARCEL 2 OF SAID
PARCEL MAP 3508;
THENCE SOUTH 00°31'23" WEST ALONG THE EAST LINE OF SAID
PARCEL 2,512,18 FEET TO THE SOUTHWEST CORNER OF
SAID PARCEL 2;
THENCE NORTH 89°02'51" WEST ALONG THE SOUTH BOUNDARY OF
SAID PARCEL 2, 1324,60 FEET TO A POINT OF INTERSECTION
WITH THE CENTERLINE OF ASHE ROAD;
THENCE NORTH 00°25'26" EAST ALONG THE CENTERLINE OF SAID
ASHE ROAD, 499,96 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINS: 15.39 ACRES
Page 2 of 2
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r"1R!G!NAL
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. 4297 passed by
the Bakersfield City Council at a meeting held on the 14th day of December, 2005
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO,
123-34 AS RECOMMENDED BY THE PLANNING COMMISSION
AND BY CHANGING THE PREZONING FROM A (AGRICULTURE)
TO C-1/PCD (NEIGHBORHOOD COMMERCIAUPLANNED
COMMERCIAL DEVELOPMENT) AND M-1 (LIGHT
MANUFACUTRING) ZONES ON APPROXIMATELY 43
ACRES, LOCATED AT THE SOUTHEAST CORNER OF
MCCUTCHEN ROAD AND ASHE ROAD (ZC 04-1765)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ~ 1-J.L '~(
DEPUTY ty Clerk
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