HomeMy WebLinkAboutORD NO 4332
ORDINANCE NO.
¡S32
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 101-01)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO M-1 (LIGHT MANUFACTURING). M-2 (GENERAL
MANUFACTURING). AND E/PE (ESTATE ONE-FAMILY
DWELLINGIPETROLEUM EXTRACTION COMBINING
DISTRICT) ON APPROXIMATELY 140 ACRES, GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF 7TH STANDARD
ROAD AND THE PLANNED ALLEN ROAD ALIGNMENT
(FUTURE) (ZC NO. 05-0844).
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 southeast corner of 7th Standard Road and the planned Allen Road
alignment (future); and
WHEREAS, by Resolution No. 194-05 on December 15, 2005, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 05-0844 as delineated on attached Zoning Map
101-01 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 (Agriculture) to M-1 (Light
Manufacturing), M-2 (General Manufacturing), and EIPE (Estate One-Family
Dwelling/Petroleum Extraction Combining District) on approximately 140 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 10, 2005, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single-family residential
and industrial 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. 194-05, adopted on
December 15, 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.
4. The proposed project is consistent with surrounding uses.
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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 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 101-01 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. 05-0844.
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 adpl2ted by the
Council of the City of Bakersfield at a regular meeting thereof held on MAt< 8 2006
by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM. MAGGARD. HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY C
CITY CLERK and Ex Offi io Clerk of the
Council of the City of Bakersfield
APPROVED MAR 8 2006
HARVEY . HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: /~m~
Exhibit A - Zoning Map 101-01
B - Zone Change Legal Description
C - MitigationlConditions of Approval
PH - S:IGPA 4th 2005105-0844IResolutionsICC ZC Ordinance.doc
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Exhibit A
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ZONE CHANGE 05-0844
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ZONING MAP 101·01
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Exhibit B
Zone Change Legal Description
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PROPOSED ESTATE ZONE
PETROLEUM EXTRACTION COMBINING DISTRICT
BEING A PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. 117-99, AS
EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED AUGUST 29, 2000
AS DOCUMENT NO. 0200108030 OF OFFICIAL RECORDS OF KERN COUNTY,
BEING A PORTION OF LOT LINE ADJUSTMENT NO. 39-99, AS EVIDENCED BY
CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0199077232,
OF OFFICIAL RECORDS OF KERN COUNTY, AND A PORTION OF LOT LINE
ADJUSTMENT NO. 19-97, AS EVIDENCED BY CERTIFICATE OF COMPLIANCE
RECORDED AS DOCUMENT NO. 01976057552, OF OFFICIAL RECORDS OF
KERN COUNTY, WITHIN THE WEST HALF OF SECTION 1, TOWNSIDP 29
SOUTH, RANGE 26 EAST, M.D.B.&M., IN THE COUNTY OF KERN, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1; THENCE
NORTH 0° 03' 59" EAST ALONG THE WEST LINE OF SAID SECTION 1 A
DISTANCE OF 2644.83 FEET TO THE WEST QUARTER CORNER OF SAID
SECTION 1 AND ALSO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 0° 03' 59" EAST, ALONG THE WEST SECTION LINE OF
SAID SECTION 1, A DISTANCE OF 2614.83 FEET, TO THE SOUTHERLY RIGHT
OF WAY OF SEVENTH STANDARD ROAD (COUNTY ROAD NO. 151); THENCE
SOUTH 89° 51' 39" EAST ALONG SAID SOUTHERLY RIGHT OF WAY, A
DISTANCE OF 1208.83 FEET TO THE WEST LINE OF PARCEL MAP 1340
AMENDED; THENCE SOUTH 00° 00' 05" EAST, A DISTANCE OF 1530.37 FEET
TO THE SOUTHWEST CORNER OF SAID PARCEL MAP 1340 AMENDED;
THENCE SOUTH 89° 55' 1 T' EAST ALONG THE SOUTH LINE OF SAID PARCEL
MAP 1340 AMENDED, A DISTANCE OF 486.73 FEET TO A POINT ON THE EAST
LINE OF SAID LOT LINE ADJUSTMENT NO. 117-99; THENCE SOUTH 00° 02' 33"
WEST ALONG SAID EAST LINE, A DISTANCE OF 1084.97 FEET; THENCE
NORTH 89° 51' 39" WEST, A DISTANCE OF 1697.82 FEET TO THE WEST LINE
OF SAID SECTION 1 AND THE POINT OF BEGINNING.
CONTAINING 84.77 ACRES.
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PROPOSED M-I ZONE
BEING A PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. 117-99, AS
EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED AUGUST 29,2000
AS DOCUMENT NO. 0200108030 OF OFFICIAL RECORDS OF KERN COUNTY,
BEING A PORTION OF LOT LINE ADJUSTMENT NO. 39-99, AS EVIDENCED BY
CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0199077232,
OF OFFICIAL RECORDS OF KERN COUNTY, AND A PORTION OF LOT LINE
ADJUS1MENT NO. 19-97, AS EVIDENCED BY CERTIFICATE OF COMPLIANCE
RECORDED AS DOCUMENT NO. 01976057552, OF OFFICIAL RECORDS OF
KERN COUNTY, WITHIN THE WEST HALF OF SECTION 1, TOWNSHIP 29
SOUTH, RANGE 26 EAST, M.D.B.&M., IN THE COUNTY OF KERN, STATE OF
CALIFORNIA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTIlWEST CORNER OF SAID SECTION I; THENCE
NORTII 0° 03' 59" EAST ALONG THE WEST LINE OF SAID SECTION I A
DISTANCE OF 2369.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 0° 03' 59" EAST ALONG THE WEST LINE OF SAID
SECTION I A DISTANCE OF 275.00 FEET TO THE WEST QUARTER CORNER OF
SAID SECTION I; TIIENCE SOUTH 89° 51' 39" EAST, A DISTANCE OF 1697.82
FEET TO THE EAST LINE OF SAID PARCEL "A"; TIIENCE SOUTH 00° 02' 33"
WEST ALONG SAID EAST LINE, A DISTANCE OF 1322.60 FEET TO THE
SOUTHWEST CORNER OF PARCEL 2 OF PARCEL MAP 1464; TIIENCE NORTH
89° 55' 41" WEST, A DISTANCE OF 372.89 FEET TO TIlE NORTIlWEST CORNER
OF PARCEL MAP 3315; TIlENCE NORTII 00° 00' 05" WEST, A DISTANCE OF
1048.04 FEET; THENCE NORTH 89° 51' 39" WEST, A DISTANCE OF 1324.24
FEET TO TIlE WEST LINE OF SAID SECTION I AND TIlE POINT OF
BEGINNING.
CONTAINING 19.70 ACRES.
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PROPOSED M-2 WNE
BEING A PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. 117-99, AS
EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED AUGUST 29, 2000
AS DOCUMENT NO. 0200108030 OF OFFICIAL RECORDS OF KERN COUNTY,
BEING A PORTION OF LOT LINE ADJUSTMENT NO. 39-99, AS EVIDENCED BY
CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0199077232,
OF OFFICIAL RECORDS OF KERN COUNTY, AND A PORTION OF LOT LINE
ADJUSTMENT NO. 19-97, AS EVIDENCED BY CERTIFICATE OF COMPLIANCE
RECORDED AS DOCUMENT NO. 01976057552, OF OFFICIAL RECORDS OF
KERN COUNTY, WITHIN THE WEST HALF OF SECTION 1, TOWNSHIP 29
SOUm, RANGE 26 EAST, M.D.B.&M.,IN THE COUNTY OF KERN, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1; THENCE
NORTH 0° 03' 59" EAST ALONG THE WEST LINE OF SAID SECTION 1 A
DISTANCE OF 1900.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 0° 03' 59" EAST ALONG THE WEST LINE OF SAID
SECTION 1 A DISTANCE OF 469.57 FEET; THENCE SOUTIl89° 51' 39" EAST, A
DISTANCE OF 1324.24 FEET; THENCE SOUTIl 00° ()()' 05" EAST, A DISTANCE
OF 1562.33 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "A";
THENCE NORTH 89° 55' 34" WEST ALONG THE SOUTH LINE OF SAID PARCEL
"A", A DISTANCE OF 810.13 FEET TO THE SOUTHWEST CORNER OF SAID
PARCEL "A"; THENCE NORTH 00° 04' 26" EAST, A DISTANCE OF 1094.34 FEET
TO THE NORTHEAST CORNER OF PARCEL "B" OF SAID LOT LINE
ADJUSTMENT NO. 117-99; THENCE NORTH 89° 56' 01" WEST ALONG THE
NORTH LINE OF SAID PARCEL "B", A DISTANCE OF 516.09 FEET TO THE
WEST LINE OF SAID SECTION 1 AND THE POINT OF BEGINNING.
CONT AIMNG 34.59 ACRES.
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Exhibit C
Mitigation/Conditions of Approval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-0844
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv
1. The applicanUdeveloper 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 PM1Q Prohibitions of the San Joaquin Valley Air Pollution
Control District. The applicanUdeveloper 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, in addition to those required under
Regulation VIII, during the construction phase of the project to reduce fugitive dust
emissions:
· 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 stabilizerlsuppressant.
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Exhibit C
GPA/ZC No. 05-0844
Mitigation/Conditions of Approval
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and
fill, and demolition activities shall be effectively controlled of fugitive dust
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 materials from, the
surface of outdoor storage piles, said piles shall be effectively stabilized of
fugitive dust emissions utilizing sufficient water or chemical
stabilizerlsuppressant.
· Within urban areas, trackout 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 carryouUtrackout mitigation measures, such as gravel pads, in
accordance with the requirements of SJVAPCD Regulation VIII.
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Exhibit C
GPAlZC No. 05-0844
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 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.
Hazards and Hazardous Materials
5. With the submittal of any tentative subdivision map application for areas containing
oilfield equipment and facilities, the applicant shall submit a site assessment containing
the findings of soils sampling conducted to determine the presence or absence of
hazardous materials to the satisfaction of the Bakersfield Fire Department (Prevention
Services Division). In the event hazardous materials are present, a Remediation Plan
shall be submitted together with the tentative subdivision map application to the
satisfaction of the local Unified Program agency (Prevention Services Division,
Bakersfield Fire Department).
T ra nSDortationlT raffic
6 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.
7 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 of the traffic study (Ruettgers & Schuler Civil
Engineers, June 2005). 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 based on PM peak trips from the study are as follows:
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Exhibit C
GPAlZC No. 05-0844
Mitigation/Conditions of Approval
a. Zerker Road & Seventh Standard Road, Install Signal, Add 2 EBL, 2 EBT, 2
WBL, 1 WBT, 1 SBL, 1 SBT, 2.87% share
b. Allen Road & Seventh Standard Road, Install Signal, Add 1 EBL, 1 EBT, 1 NBL,
1 SBL, 4.44% share
c. Shane Street & Seventh Standard Road, Add 1 NBL, 1 SBL, 5.12% share
d. Jewetta Avenue & Seventh Standard Road, Install Signal, Add 1 NBL, 1 NBT, 1
SBL, 1 SBT, 3.11 % share
e. Verdugo Lane and Seventh Standard Road, Add 1 NBL, 1 SBL, 2.48% share
f. Calloway Drive & Seventh Standard Road, Add 2 SBL, 2 SBT, 1 SBR, 1.12%
share
g. Allen Road & Etchart Road, Install signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL,
20.54% share
h. Allen Road & Snow Road, Add 1 NBL, 1 SBL, 36.12% share
I. Jewetta Avenue & Snow Road, Add 1 SBL, 13.08% share
j. Norris Road & Snow Road, Add 1 NBL, 1 SBL, 11.43% share
k. Allen Road & Olive Drive, Add 1 NBL, 1 SBL, 8.29% share
I. Allen Road & Reina Road, Add 1 EBT, 1 WBT, 12.93% share
m. Seventh Standard Road, Santa Fe Way to Allen Road, Add 2 lanes, 1.90% share
n. Allen Road, Hageman Road to Olive Drive (Kratzmeyer), Add 2 lanes, 8.59%
share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound,
L - Left turn lane, T - Through lane, R - Right turn lane
Page 4 of 8
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Exhibit C
GPAlZC No. 05-0844
Mitigation/Conditions of Approval
ADDITIONAL 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 Seventh Standard Road to arterial
standards, Allen Road and Etchart Road 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.
b. Submit a comprehensive drainage study to be submitted to and approved by the
City Engineer. One sump per 80 acres will be allowed. Site any drainage
retention facility on the periphery of the GPA area to facilitate future expansion or
consolidation of drainage facilities as adjacent area develops. The study shall be
approved and any required retention site and necessary easements dedicated to
the City. Provide soil tests for the retention site to show it will drain within the
required time period and submit an easement for the ultimate retention basin site,
along with necessary easements for the transportation of drainage water to the
site.
c. Provide dedication for a connection from Allen Road to Zerker Road. If the
developer/subdivider cannot obtain the right of way, then he shall post the
required upfront costs for eminent domain proceedings and enter into an
agreement with the City and pay all costs for obtaining the right of way.
d. 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 drain 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 drain system with the least
maintenance cost.
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Exhibit C
GPAlZC No. 05-0844
Mitigation/Conditions of Approval
9. The GPAlZC area is within the service area of the North of River Sanitary District NO.1.
Sewer service in this area must conform to the NORSD's adopted Sewer Study, and
construction of sewer lines shall be per NORSD's requirements. All trench backfill and
paving within the public right-of-way shall require an Open Street Permit and be as per
the City of Bakersfield's adopted standards.
10. Development of this GPAlZC area will require the improvements of Seventh Standard
Road, Allen Road and Etchart Road along the frontage of the GPAlZC area to city
standards. The timing of these improvements can be addressed when a tentative map
is submitted.
11. Seventh Standard Road shall be constructed as a limited access control 6-lane
expressway with full access signalized intersections permitted at minimum Y. mile
spacing. No other intermediate street intersections will be permitted.
12. Access to the arterial 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.
13. 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 GPAlZC area.
14. 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
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 GPA area.
15. With the first development within the GPAlZC area, construct Allen Road from at least
the south boundary of the GPAlZC area to Snow Road. The extent of the
improvements are to be determined by the City Engineer. If the developer/subdivider
cannot obtain the right of way, then he shall post the required upfront costs for eminent
domain proceedings and enter into an agreement with the City and pay all costs for
obtaining the right of way. Added by Planning Commission.
Page 6 of 8
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Exhibit C
GPAlZC No. 05-0844
Mitigation/Conditions of Approval
16. Improvement plans for Seventh Standard Road required in conjunction with GPAlZC
area tentative tract maps shall include a landscaped parkway not to exceed 30 feet in
width in coordination with improvements of that road with the City of Shafter. Added by
City Council.
Accommodation Aoreement
17. Prior to approval of the first tentative map within the GPAlZC area and within nine
months of the approval of GPA No. 05-0844, the property owner and the mineral rights
owner shall enter into an Accommodation Agreement addressing, at a minimum,
undergrounding and relocation of pipelines, easements for interconnecting pipelines
between facilities, access, and allocation of costs for mitigation measures and other
facility modifications. The City Attorney shall approve the Accommodation Agreement
language. If this condition has not been satisfied within the aforementioned time period,
the property owner may appeal to the Planning Commission to remove this condition.
The property owner and mineral rights owner shall have the opportunity to appeal the
Planning Commission's decision to the City Council. Added by City Council.
Teion Indian Tribe Notification
18. Prior to recordation of the first final map or commencement of ground disturbing
construction activities within the GPAlZC area, whichever occurs first, the applicant
shall notify the Tejon Indian Tribe Cultural Resource Management Team (CRMT) of the
planned construction schedule and shall grant permission to CRMT personnel to
conduct archaeological monitoring of ground disturbing activities. Said notice shall be
sent by registered mail to: Tejon Indian Tribe CRMT, 2234 4th Street, Wasco, CA
93280. The applicant shall submit proof of compliance with this requirement to the
Bakersfield Planning Department. In the event the construction schedule changes
following the initial notification, subsequent notice(s) shall be given to the Tejon Indian
Tribe CRMT and Bakersfield Planning Department in the manner described above.
Added by Planning Commission in response to a comment letter from the Tejon Indian
Tribe CRMT.
City Attornev
19. 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 andlor 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
Page 7 of 8
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Exhibit C
GPAlZC No. 05-0844
MitigationlConditions of Approval
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 8 of 8
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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 -ª1!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. 4332 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. 101-01) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM
A (AGRICULTURE) TO M-1 (LIGHT MANUFACTURING) M-2 (GENERAL
MANUFACTURING), AND EIPE (ESTATE ONE-FAMILY DWELLlNGI
PETROLEUM EXTRACTION COMBINING DISTRICT) ON APPROXIMATELY
140 ACRES, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
7TH STANDARD ROAD AND THE PLANNED ALLEN ROAD ALIGNMENT
(FUTURE) (ZC NO. 05-0844)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Counci of the Cit of Bakersfield
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