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HomeMy WebLinkAboutORD NO 4320 ,. .. ORDINANCE NO. if a 2 O' AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 123-27) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 85.60 ACRES, GENERALLY LOCATED AT THE NORTHEAST CORNER OF MCCUTCHEN ROAD AND ASHE ROAD. (ZC NO. 04-1344). 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 at the northeast corner of McCutchen Road and Ashe Road; and WHEREAS, by Resolution No. 184-05 on December 1, 2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 04-1344 as delineated on attached Zoning Map 123-27 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 A (Aricultural) to R-1 (One Family Dwelling) on 85.60 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 November 5, 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, 184- 05, adopted on December 1, 2005: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 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. 1 'ò"'~I::"r ~ ú () '" >- IT I- r- Õ e:- ORI(;INAI -- ~- '''~'----~--'---'-'-' ..-.----.-.---..------ 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 agencies 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 CEQA 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 123-27 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 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. 04-1344. 2 ~Mf1 ~ <!, >- f: ':;:. r oJ C" (,)I'1IGINÞ' 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. ---------000--------- 3 ¿ ~Mt1' 0" if' ....' >- - \- " - ,.. '.J c:- ORIGINAl : ~ð~~ ABSTAIN: ABSENT: 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 MAR R ZOOS by the following vote: COUNCILMEMBER cou6Ç;, CAASON, BE~AM, MActc3ARD, HANSÓN, SULéíVAN, SéR;~ER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~tA~ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio lerk of the Council of the City of Bakersfield HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: 1~?J1-~ Exhibit A - Zoning Map 123-27 B - Zone Change Legal Description C - Mitigation/Conditions of Approval JS ' S:\GPA 4th 2005\04,1344\Resolutions\CC ZC Ordinance,doc 4 'ò/i./($-9 ~ ~ >- ~ \- 'f1 _ r <.) C' ORlnlNA1 Exhibit A Zone Map 123-27 x~r>.Kt--9 C) <!;, ~ íTi - ,... '.J () 0RIf;INAl . ' !,--w N::' I .. 'f) N 9Q.. . ~<tö ~"",,'" ....c:.... ... " iiO ...Z 0-,... Z'" "'Ou 5NII! IL . . it : ~r¡: ...!X,i ~I '~~ ¡g,: :1' "'I' , .J , "..---...- ! h ~ h §§ ¡ liilll ! ¡§ hi, .r. J ~i~§'~i:' i Il~-[II!¡~'il.ll ill it Ii II I --I . ¡mneS; íEf .E ,I:· i IIMhf:i~:~~lïBIUH ¡1!11!:iIÍ1il i~"§'I" i: ,:-. ~!~I"flj ¡ -. h'¡"HI.. .:1 1;¡.¡~í.t !,-Sa':tø:tt.. ¡!~it ~;t:~ ..~ .ummijij !nul !dii hUll j II J:n ~ ~ ~ð 'I"!''I' ",..-;-,:", ~.. :&,!",.~,:-,~,.,:, . ~ J:; 0"·: .... ... .... .. .................;r.....""....t.....1 ZONE CHANGE 04-1344 H· E~' .,.. _. . - ~' ,.$ I I ~ , þl tÐ , . , ;< .. . -, , , ----- -, . , , i ~ ,I II . i ~ 1rI".. 10"1 f~(¡ ~~l - j~ .. . S! i~ ~¡ J 1-. 11$ ;;¡', Id d¡ i~, } i -. ¡,ill j i~'~ I; iJ'~~¡ "\ ~ 'I t!i!l & V . . ,\ (j - . I I . r . . i .; I---------------~-~-- I I ~ I ~ I I ~. U ell __ ~ - . 0:: ~ :§ .. 0/: Ihil J!~j¡ fie i.· Jllf·i ".,,-~. ;rrn!~f ~u; ~.: ¡øwdw · jI . T ~ i;;' I ?'( 1 Z()t.lING MAp 123-27 ....,.., :> IT, ':;: l"- V ~ ORIGINAl 'Ii; " 'Ii; " M ~ I 'Ii; " o W C) :::::) Z :::::) <C I Ü w Z o N I § w t- ~ ~- 1õIS II - ft o en ~ ~ w ~ ~ 3 ~ ß ~ ~ ~ ;t ~ ~ ~ ~ ~ ~ :t ~~ ~¡ 1I:s: ~ ~ ;t ~ ;t :::::) ~ g ~~ N .( N Ó ~ c ~~ ;t ~- ~ ~ ~ I!: ... i!: ü ~ ~ c ('I) c 51 ('I) ~ ü ~ ~ <QMt.f o ú~ :>< - I- fT! _ r- o co ORIr,It\lAI 3 I I, . . CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS R-1 One Family Dwelling C-O Professional and Administration Office 6,000 sq.ft. minimum lot size , C-1 Neighborhood Commercial E Estate 10,000 sq.ft. minimum lot size C-2 Regional Commercial R-S Residential Suburban C-C Commercial Center 24,000 sq.ft.ldwelling unit CoB Central Business R-S-1A Residential Suburban 1 acre minimum lot size PCD Planned Commercial Development R-S-2.5A Residential Suburban M-1 Light Manufacturing 2% acre minimum lot size M-2 General Manufacturing R-S-SA Residential Suburban 5 acre minimum lot size, M-3 Heavy Industrial R-S-10A Residential Suburban P Automobile Parking 10 acre minimum lot size RE Recreation R-2 Limited Multiple Family Dwelling 4,500 sq. ft. min lot size (single family) Ch Church Overlay 6,000 sq.ft, min lot size (multifamily) , 2,500 sq.ft. lot area/dwelling unit OS Open Space R-3 Limited Multiple Family Dwelling HOSP Hospital Overlay 6,000 sq. ft. minimum lot size 1,250 sq. ft, lot area/dwelling unit AD Architectural Design Overlay R-4 Limited Multiple Family Dwelling FP-P Floodplain Primary 6,000 sq. ft. minimum lot size 600 sq. ft. 101 area/dwelling unit FP-S Floodplain Secondary R-H Residential Holding AA Airport Approach 20 acre minimum lot size DI Drilling Island A Agriculture 6,000 sq. ft. minimum lot size PE Petroleum Extaction Combining A-20A Agriculture SC Senior Citizen Overlay 20 acre minimum lot size HD Hillside Development Combining PUD Planned Unit Development TT Travel Trailer Park MH Mobilehome S: \F orms\zoneDistricts. doc 'QM"-9 ð- ~ >- ñí >:;::: l"- V C:- ORIGINAl Exhibit B Zone Change Legal Description ~ 'òI</(£"1> Q ~ >- - .... n _ r- o C' "ç¡IGINðl e, .' BEING A PORTION OF PARCEL "B" OF PARCEL MAP WAIVER NO. 7-92 AS EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED IN BOOK 6742, PAGE 429, OFFICIAL RECORDS OF KERN COUNTY, ALSO BEING A PORTION OF THE sOUmWEST QUARTER OF SECTION 27, TOWNSIDP 30 SOUTH, RANGE 27 EAST, M.D.B.&M., IN TIlE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS SHO\V"N ON KERN COUNTY SURVEY INVESTIGATION AND PERPETUATION MAP 7- I, BOOK 6, PAGE 27 FILED IN THE OFFICE OF THE COUNTY SURVEYOR, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27 MARKED BY A CONCRETE MONUMENT WITH A BRASS TAG STAMPED C.OR; THENCE NORTH 0° 25' 08" EAST ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF 1909.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORm 0° 25' 08" EAST A DISTANCE OF 722.66 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE SmITH 89° 03' 12" EAST ALONG THE EAST WEST MIDSECTION LINE A DISTANCE OF 2653,15 ' FEET TO THE CENTER OF SAID SECTION; THENCE SOUTH 0° 30' 03" WEST ALONG THE NORTH SOUTII MIDSECTION LINE A DISTANCE OF 2583.95; THENCE NORm 89° 01' II" WEST PARALLEL WITH THE soum LINE OF THE SOUTIIWEST QUARTER OF SAID SECTION A DISTANCE OF 719.38 FEET; THENCE NORm 45° 21' II" WEST A DISTANCE OF 2693.39 FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION AND THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION LYING IN THE SOUTHERLY 50 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION. ALSO EXCEPTING THEREFROM A PORTION LYING IN mE EAST HALF OF SAID SOUTIIWEST QUARTER MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION; THENCE SOUTII 89° 03' 12" E..ð¡,ST ALONG THE EAST WEST MIDSECTION A DISTANCE OF 1983.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING soum 89° 03' 12" EAST A DISTANCE OF 669.34 FEET TO THE CENTER OF SECTION OF SAID SECTION; THENCE SOUTH 0° 30' 03" WEST ALONG TIŒ NORTH SOUTH MIDSECTION LINE A DlST ANCE OF 1897.07 FEET; THENCE NORTII 89° 03' 12" WEST A DISTANCE OF 684.10 FEET; THENCE NORTH 0° 56' 48" EAST A DISTANCE OF 1897.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. (29.47 AC.) CONTAINlNG 116.02 ACRES GROSS, 85.60 ACRES NET. ~"""~''''''T .a...n IT dac:: Exhibit C Mitigation/Conditions of Approval ~ 'òAKt:." C) <J.;, >- - ,.- rr· - .... ',) c:: 'ìRIGINAI EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 04-1344 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Qualitv 1. 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 during the construction phase of the project to reduce construction exhaust emissions: · 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 ride sharing and use of transit transportation for construction employee 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. 2, Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM,o Prohibitions of the San Joaquin Valley Air Pollution Control District, The following mitigation measures, in addition to those required under Regulation VIII can reduce fugitive dust emissions associated with this project: · All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. · All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. · All land clearing, grubbing, scraping, excavation, land leveling, grading, cut 5<. ~~,¡¡{?' a ~ :>-- >- IT Õ [ ')RI(";INOI Exhibit A-1 Coditions of Approval GPZlZC 05-1344 Page 2 of 7 and fill, and demolition activities shall be effectively controlled of fugitive dus\ emissions utilizing application of water or by presoaking. · When materials are transported off-site, all materials shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. · All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) · Following the addition of materials to, or the removal of arterials from, the surface of outdoor storage piles, said piles shall be effectively stabilizec;l of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. · Within urban areas, track out shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. · Any site with 150 or more vehicle trips per day, shall prevent carryout and trackout, · Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure, and emulsified asphalt paving materials. · Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). · Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site. · Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVAPCD Regulation VIII. CulturallmDact Mitiaation Measures 3, If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. 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 X 'òJI.Kt~ () ~ ;... I- r Õ { 0Rlr.INAI Exhibit A-1 Coditions of Approval GPZlZC 05-1344 Page 3 of7 (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, Traffic Imoact Mitiaation Measures 5. Prior to the issuance of any building permit, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. 6, Prior to issuance of the first building permit within the project site, the developer shall pay the proportionate share contributions for the intersection improvements not covered by the RTIF as identified in the project traffic study (Ruettgers & Schuler Civil Engineers, June 2005) and contained in the following table: Future Intersection ImDrovements and Local Mitiaation local Mitigation Project # Intersection Total Improvements (Improvements Share for Required by 2025 not covered by local RTIFI Mitiaation Gosford Rd & Panama 2 EBl, 2 EBT, 2 WBl, 2 1 In WBT, 2 NBl, 2 NBT, 1 - - SBl 1 SBT 2 Reliance Dr & Panama Install Signal - 1 EBT, 1 1 NBl, 1 SBl 3.00% In WBl, 1 NBL. 1 SBl Ashe Rd & Panama Ln Install Signal- 2 EBT, 2 3 NBl, 1 NBT, 1 SBl, 1 - - SBT 4 Golden Gate Dr & Install Signal- 1 NBl, 1 NBl 3.65% Panama In 1SBl 5 Stine Rd & Panama In 1 NBT - - 6 Ashe Rd & Berkshire Install Signal - 1 EBl, 1 1 EBl, 1 WBl 14.04% Rd WBl, 1 NBl, 1 SBl 8 Ashe Rd & McCutchen Install Signal - 1 EBl, 1 Rd WBl, 1 NBl, 1 SBl - - 9 Golden Gate Dr & Install Signal- 1 EBl, 1 1 NBl 4,93% McCutchen Rd WBl 1 NBl, 1 SBL Stine Rd & McCutchen Install Signal- 1 EBl, 1 10 Rd EBT, 1 WBL, 1 WBT, 1 - - NBl 1 SBl Notes: NB=Northbound WB=Westbound L=Left Turn Lane SB=Southbound EB=Eastbound T=Through Lane R=RiahlTum Lane ~ ~1\Kl"1> () ~ >- - ,.... m - r- Q C ()~Ir,INA Exhibit A-1 Coditions of Approval GPZlZC 05-1344 Page 4 of 7 ADDITIONAL CONDITIONS OF APPROVAL: Public Works Conditions: 7. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: · Provide fully executed dedication for Ashe Road and McCutchen Road to arterial standards and Berkshire Road and Mountain Ridge Drive to collector standards for the full frontage of the area within the GPA 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. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. · Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. This drainage study must include the 20 acre +/- at the southwest comer of Berkshire Road and Mountain Ridge Drive. Only one sump per 80 acres will be allowed. The study shall be approved and any required retention site and necessary easements dedicated to the City. · In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump, This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm system with the least maintenance cost. · 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, 8. Development of this GPAlZC area will require the improvement of both Berkshire Road and Mountain Ridge Drive along the frontage of the 20 acre +/- piece at the southwest corner of Berkshire Road and Mountain Ridge Drive. The timing of this improvement can be addressed when a tentative map is submitted, 9. The design for any development within the GPAlZC area shall accommodate at least two points of local street access to the 20 acre +/- parcel at the southwest corner of Berkshire Road and Mountain Ridge Drive in locations to be approved by the City Engineer. If, by the time of the development of the parcel, sufficient evidence is presented indicating that either one or both access points will not be needed by the adjacent parcel, then the City Engineer may modify or waive this requirement. I. Ià~í\f?, cS <!i, >- - r- m _ r- Ù C:c ORIr,¡NAI Exhibit A-1 Coditions of Approval GPZlZC 05-1344 Page 5 of7 10. Payment of median fees for the arterial frontage of the property within the GPAlZC request. These fees shall be paid prior to recordation of any map or approval of any improvement plan for the GPA1ZC area. · The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area, · Access must be provided to the project area from Berkshire Road, With the development of the project area, Berkshire Road must be extended from Ashe ' Road to the southeast corner of the project area, The required improvements shall be 32 feet of paving meeting City design standards for an arterial road, 'with 8' 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, · Based upon the City's review of the traffic study prepared by Ruettgers-Schuler Civil Engineers for a 400 unit single family development the following mitigation measures are placed upon this project: a. Local Mitigation i. 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. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares from the study are as follows: · Reliance Dr & Panama Ln, Add north and south bound left turn lanes, 3.00% share · Golden Gate Rd & Panama Ln, Add north bound left turn lane, 3.65% share · Ashe Berkshire Rd, Add east and west bound left turn lanes, 14.04% share · Golden Gate Rd & McCutchen Rd, Add north bound left turn lane, 4,93% share '"< 'òM<:-'9 a ~ >- - r- IT' _ r- o c:- ORIGINAl Exhibit A-1 Coditions of Approval GPZlZC 05-1344 Page 6 of 7 ii. The project site has limited frontage along the arterials Ashe Rd and McCutchen Rd. Based upon the site configuration we recommend the site be developed with primary access from the collectors Berkshire Rd and Golden Gate Dr. and minimal or no access from the arterial streets. b. Regional Transportation Impact Fee: Pay the standard fixed rate residential fees as adopted at time of development. Fire Safetv Division: 11. Pipeline Easements. c, Concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show the easements on the final map with a notation that structures including accessory buildings and swimming pools, are prohibited within the easements and record a corresponding covenant. d. Prior to or concurrently with recordation of any phase that includes the pipeline easements of portions thereof, subdivider shall show on the final map that no habitable portion of a structure may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches of cover, and record a corresponding covenant. e. No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within 48 inches of more of cover. If a pipeline meets this criteria, the 40 foot setback line shall be shown in the final map and a corresponding covenant shall be recorded prior to or concurrently with recordation of any phase that is affected. f, Prior to or concurrently with recordation of any phase within 250 feet of pipeline easements, subdivider shall record a covenant disclosing the location of pipelines on all lots of this subdivision within 250 feet of the pipelines. Residential/lndustriallnterface: 12. An eight-foot masonry wall shall be constructed along the project site boundary adjacent to both Ashe Road and McCutchen Road, These walls shall be included on all applicable subdivision maps and shall be constructed prior to the recordation of each affected phase, All barriers shall be set back 60 feet from the centerline of the roadways and not interfere with easements. ~ ~~Kf1 o <!¡, >- ñ· r- ,... Õ c- ORIGI~I^' _' __'___'_"'_"H___'___'___' .~._.___.___._'~...__.__..~_.____~_" Exhibit A-1 Coditions of Approval GPZlZC 05-1344 Page 7 of 7 Department of Conservation Condition: 13, The proposed project is located beyond the administrative boundaries of any oil or gas field. There are no oil, gas, or injection wells within the boundaries of the project site. Regardless, if excavation or grading operations uncover a previously' unrecorded well, the Division district office in Bakersfield shall be notified as such wells may require remedial operations. It will be the responsibility of the developer to notify such Division and bear all costs associated with remediation. Citv Attornev 14. 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 attomey 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. JS:jm S:\GPA 4th 2005104-1344\Staff ReportslEXHIBIT A.doc ~ ~M£1 () <!; >- r' r- r Õ t {)RI(;INAI 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 ---ª!!:L day of March, 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4320 passed by the Bakersfield City Council at a meeting held on the 8th day of March, 2006 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-27) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 85.60 ACRES, GENERALLY LOCATED AT THE NORTHEAST CORNER OF MCCUTCHEN ROAD AND ASHE ROAD (ZC NO, 04-1344) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~~ tlAf- DEP Ity Clerk S:\DOCUMENT\FORMS\AOP, ORD. wpd « ~f\K~~ () ~ >- iíí >;:: r- <.J <::> ORIGINAL