HomeMy WebLinkAboutORD NO 4341
ORDINANCE NO.
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AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP
NO. 123-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM A MH
(MOBILE HOME) ZONE TO AN R-1 (ONE FAMILY DWELLING)
ZONE ON 2.4 ACRES, AND FROM A MH (MOBILE HOME)
ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY) ZONE ON
26.41ACRES GENERALLY LOCATED ON THE EAST SIDE OF
PROGRESS ROAD (EXTENDED), APPROXIMATELY Y. MILE
SOUTH OF PANAMA LANE (FILE #05-1686).
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 to change the land use zoning of those certain properties in the City of
Bakersfield generally located on the east side of Progress Road (extended), approximately Y.
mile south of Panama Lane, as shown in attached Exhibit "2; " and
WHEREAS, by Resolution No. 31-06 on January 19, 2006, and continued to
February 2, 2006, the Planning Commission recommended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve R-1 (One Family Dwelling) and
R-2 (Limited Multiple Family Dwelling) zones as delineated on attached Zoning Map No. 123-29
marked Exhibit "3", by this Council 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 the Panama-Gosford EIR, certified on
September 28, 2005, and incorporated by reference for this amendment, documents that this is
a later project that will not have a significant effect; and
WHEREAS, In accordance with CEQA Section 15162, no further environmental
documentation is necessary; and
WHEREAS, the Council has considered said findings and all appear to be true
and correct; and
WHEREAS, the law and regulations as set forth in CEQA and City of
Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning
Commission and this Council; and
WHEREAS, there have been no substantial changes to the project or
circumstances under which it will be undertaken; and
WHEREAS, no new environmental impacts have been identified; and
WHEREAS, the general plan designation for this area allows residential
development; and
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WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given
2. The provisions of the California Environmental Quality Act (CEQA) have been followed.
3. That an initial study was prepared for the original project known as General Plan
Amendment 04-0057 and the Gosford-Panama Environmental Impact Report was
certified on September 28,2005, In accordance with CEQA section 15162, no further
environmental documentation is necessary because no substantial changes to the
original project are proposed, there are no substantial changes in circumstances under
which the project will be undertaken and no new environmental impacts have been
identified.
4. 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 purpose 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 an Environmental Impact
Report for this project.
5. The public necessity, general welfare and good zoning practice justify the requested
change of zone from the existing zoning district to R-1 and R-2 zones.
6. The overall design of the project, as conditioned, is consistent with the goals and policies
of all elements of the general plan.
7. The conditions of approval, attached hereto as Exhibit "1" are needed to provide for
orderly development, and the public health, welfare and safety; and
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 certified Panama-Gosford EIR is adequate for this project.
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. No. 123-29
marked Exhibit "3" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "4 ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "1."
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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
AeR !\ 2006 by the following vote:
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COUNCILMEMBER COUCH. CARSON. BENHAM. MAGGARO. HANSON. SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ill~, 1", .0. y~
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
APPROVED
APR 5 2006
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: f¥;ut; 17), ~.
Exhibits:
1. Conditions.
2. Location Map.
3. Zone Map123-29
4. Legal Description
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EXHIBIT "1"
CONDITIONS OF APPROVAL / MITIGATION MEASURES
ZONE CHANGE 05-1686
(From related General Plan Amendment /Zone Change #04-0057 (Gosford-Panama EIR))
1. WILLIAMSON ACT CONTRACT CANCELLATION
1 a. Prior to any further urbanization of the project site, the payment of the cancellation fee calculated
by the Kem County Assessor's Office shall be paid to Kem County, the calculated fee is
$1,605,769.00 for the project site. The documentation stating that the fee was paid shall be
submitted to the Planning Department. (Condition).
2. PUBLIC HEALTH AND SAFETY
Short-Term (Construction) Impacts
Stained Soils
2a. Soil characterization and sampling of the stained soil within the Project site shall be conducted as
needed to determine the presence or absence of hazardous materials prior to grading activities.
If concentrations of materials are detected above regulatory cleanup levels during demolition or
construction activities, the following mitigation measure shall include:
· Excavation and disposal at a permitted, off-site facility;
· On-site treatment; or
· Other measures as appropriate.
Prior to issuance of building permits, all oil-contaminated soils shall be remediated to the
satisfaction of the Local Unified Program Agency (the Office of Environmental Services of the
Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control
Board and/or the Califomia Department of Toxic Substances Control.
Water Wells
2b. The agricultural water wells shall be properly removed and abandoned pursuant to the latest
procedures required by the local agency with closure responsibilities for the wells. Any
associated equipment (Le., generators and pumping materials) shall be removed off-site and
properly disposed of at a permitted landfill. A visual inspection of the areas beneath the removed
materials (if present) shall be performed.
Waste Oil and Oil Filters
2c. The waste oil, oil filters, and buckets shall be removed off-site and properly disposed of at an
approved landfill facility. Then the areas beneath and around the removed materials shall be
visually inspected. Any stained soils observed underneath the materials shall be sampled and
analyzed. If analysis detects concentrations of materials above regulatory cleanup levels, the
mitigation measure shall include:
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· Excavation and disposal at a permitted, off-site facility;
· On-site treatment; or
· Other measures as appropriate.
Abovecround Storace Tanks
2d. Any aboveground storage tanks (ATS) on site shall be removed and properly disposed of at an
approved landfill facility then the areas beneath and around the removed ASTs shall be visually
inspected. Any stained soils observed underneath the ASTs shall be sampled. If concentrations
of materials are detected above regulatory cleanup levels during sampling activities, the
mitigation measure shall include:
· Excavation and disposal at a permitted, off-site facility;
· On-site treatment; or
· Other measures as appropriate.
Transformers
2e. Any removal or relocation of transformers shall be conducted under the purview of the local utility
purveyor to identify proper handling procedures regarding potential polychlorinated biphenyls
(PCBs).
Agricultural Uses
2f. Prior to issuance of any grading permit, the Project applicant shall perform soil tests to determine
concentrations of pesticide and fungicide residues that may be present within the Project site.
Should contamination levels be in excess of acceptable Federal, State, and/or County levels, the
Project Applicant shall identify and implement remedial action, (subject to approval by the City of
Bakersfield and responsible regulatory agencies), to reduce contaminants to acceptable levels.
Asbestos-Containing Materials
2g. Prior to demolition activities, an asbestos survey shall be required to determine the presence or
absence of asbestos-containing materials. The results of the survey shall be submitted to the
City of Bakersfield. If asbestos-containing materials are found, abatement of asbestos shall be
required before any demolition activity that would disturb asbestos-containing materials or create
an airbome asbestos hazard is permitted. Asbestos removal shall be performed by a State-
certified asbestos containment contractor in accordance with San Joaquin Valley Air Pollution
Control District (SJVAPCD) Rule 8021, which requires:
· A survey of the facility prior to issuance of a permit by SJV APCD;
· Notification of the SJV APCD prior to construction activity;
· Removal of asbestos in accordance with prescribed procedures;
· Placement of collected asbestos in leak-tight containers or wrapping; and
· Proper disposal of the asbestos.
Lead-Based Paints
2h. Prior to demolition activities, a survey shall be conducted to determine the presence or absence
of lead-based paint. The results of the survey shall be submitted to the City of Bakersfield. If
lead-based paint is found, abatement shall be required before any demolition activities occur that
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would create a lead dust or fume hazard. Lead-based paint removal shall be performed in
accordance with Califomia Code of Regulation Title 8, Section 1532.1, which specifies exposure
limits, exposure monitoring, and respiratory protection, and mandates good working practices by
workers exposed to lead. The contractor performing lead-based paint removal shall provide
evidence of certified training for lead-related construction work.
Valley Fever
2i. Refer to AIR QUALITY, NO.6 regarding fugitive dust mitigation measures.
2j. Pursuant to SJVAPCD Regulation VIII-Fugitive PM10 Prohibitions, all areas with bare soil
exposed as a result of Project earthwork activities shall be landscaped at the earliest time
possible or stabilized by watering when winds exceed 20 miles per hour (mph) in order to reduce
the potential inhalation of spores causing Valley Fever.
3. AESTHETICS/LIGHT AND GLARE
Short-Term (Construction) Aesthetic Impacts
38. Temporary construction equipment staging areas shall be located within the Project site through
the duration of construction. Appropriate screening (e.g., temporary opaque fencing [six feet in
height]) will be used to buffer views of construction equipment and material, when feasible.
Staging locations shall be indicated on final plans and grading plans are subject to review and
approval of the City Planning Department. Additionally, all construction activities would be
required to be consistent with the Municipal Code requirements and conditions of approval
Long-Term Aesthetic Impacts
3b. Design review shall be required of all new development through the architectural and site review
process prior to the issuance of a development permit. The review should determine whether the
proposed development is consistent with current development ordinances. This shall be subject
to review and approval of the Planning Department.
3c. All mechanical and electrical equipment to be installed on the structure or on the ground shall be
adequately screened from public view. The screening shall be considered as an element of the
overall design and must blend with the architectural design of the building and/or landscaping, as
appropriate. Construction plans for the buildings shall indicate any fixtures or equipment to be
located on the roof of the respective structure, equipment types, and design of the screening
material. The method of screening shall be reviewed by and subject to approval of the City
Planning Department.
Light and Glare Impacts
3d. To ensure that the project's exterior lighting does not spill over onto the adjacent uses, all exterior
light fixtures, including street lighting, shall be shielded or directed away from adjoining uses,
pursuant to all applicable lighting standards and all requirements of the City Municipal and Zoning
codes.
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4. TRAFFIC AND CIRCULATION
Short-Term (Construction) Impacts
4a. Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be submitted for review
and approval to the City of Bakersfield Public Works Department. Such plan shall consist of prior
notices, adequate sign posting, and detours (including for pedestrians and bicyclists). The TMP
shall specify implementation timing of each plan element (prior notices, sign-posting, detours,
etc.) as determined appropriate by the City Engineer. Adequate access to and from adjacent
residential areas shall be provided at all times. The TMP shall be reviewed and approved by the
City Police and Fire Departments so that construction does not interfere with any emergency
response or evacuation plans. Construction activities shall proceed in a timely manner to
minimize impacts.
4b. Proper detours and warning signs shall be established to ensure public safety. This includes the
use of proper lighting (where appropriate); fencing and shielding; proper storage of equipment
and construction supplies; and covering loose piles of soil, silt, clay, sand debris, or other earthen
material.
Project Trip Generation
4c. Refer to Mitigation Measures 4d. and 4e., below.
Cumulative Traffic (2024 Conditions)
4d. Prior to issuance of building permits, the Project Applicant shall comply with the City's Regional
Transportation Impact Fee Program (RTIF) in accordance with the standard residential,
commercial, and industrial per- lot rate.
4e. For impacted intersections subject to fair-share improvements (refer to Tables 5.5-11 and 5.5-13
in the Environmental Impact Report for Gosford-Panama Project), the Project Applicant shall
participate in the improvements required on a pro-rata fair-share basis, as indicated in Table 5.5-
16 in the Environmental Impact Report for Gosford-Panama Project, (Future Intersection
Improvements and Local Mitigation).
5. NOISE
Short-Term (Construction) Impacts
5a. 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 within the Project construction site.
5b. 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. < 'Ö Þ-Ií,:: .,
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5c. 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.
Sd. The Project plans and specifications prior to approval by the City Planning Department, shall
stipulate that stockpiling and construction vehicle staging areas shall be located as far away as
practical from noise-sensitive receptors during construction activities.
On-Sit. Mobil. Source Impacts
5e. A wall shall be constructed along the rear yards of residences adjacent to Progress Road,
Gosford Road, Panama Lane, and McCutchen Road. As a condition of approval, a final
acoustical analysis shall be conducted to the satisfaction of the City Planning Department to
confirm the required location and height of sound walls when a site plan with sufficient detail is
available (i.e., site grading, pad heights, lot design, and setbacks).
Stationary Source Impacts
5f. Prior to building permit issuance, a site plan shall be submitted to the City Planning Department,
that illustrates that stationary noise sources, (including loading dock facilities, rooftop equipment
and trash· compactors) have been placed as far as practicable from residential uses.
Sg. Directional speakers shall be shielded and/or oriented away from off-site residences to the
satisfaction of the City Planning Department.
Existing Industrial Impacts (Off-5ite)
5h. As a condition of approval, when a site plan with sufficient detail is available, a final acoustical
analysis shall be conducted to the satisfaction of the City Planning Department to confirm that the
acoustical barrier to attenuate noise levels from the Vulcan Asphalt Batch Plant has the required
height and placement.
5i. As a condition of approval, when a site plan with sufficient detail is available, a final acoustical
analysis shall be conducted to the satisfaction of the City Planning Department to confirm that the
acoustical barrier to attenuate noise levels from the Golden Empire Concrete Plant has the
required height and placement.
5j. Centralized heating/ventilation/air conditioning units (HVAC) shall be installed in second-floor
bedrooms that have a direct line-of-sight to off-site industrial activities. The HVAC units should
be designed to supply two air changes per hour for each habitable room, with a minimum of 15
cubic feet per minute of outside air per occupant. The fresh air inlet duct shall be of sound-
attenuating construction and shall consist of ten feet of straight or curved duct plus one sharp 90-
degree bend. Additionally, these affected units shall include double-paned or Sound
Transmission Class (STC) rated windows.
5k.
Single-story homes shall be located along perimeter walls between residential and nonresidential
uses. As a condition of approval, a final acoustical analysis must be conducted to the satisfaction
of the City Planning Department to confirm whether additional sound attenuation is necessary.
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6. AIR QUALITY
Short-Term (Construction) Emissions
6a. To minimize engine exhaust emissions during Project construction, the Applicant shall implement
the following measures:
· Property and routinely maintain all construction equipment, as recommended by
manufacturer's manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods of time, to reduce exhaust
emissions associated with idling engines.
· Encourage ride-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 construction activity during the peak hour of vehicular traffic on adjacent
roadways.
6b. Construction of the Project requires the implementation of control measures set forth under
Regulation VIII of the San Joaquin Valley Air Pollution Control District (SJAPCD) Fugitive PM,o
Prohibition. The following mitigation measures, in addition to those required under Regulation
VIII of the SJVAPCD, shall be implemented to reduce fugitive dust emissions:
· Prior to issuance of a grading permit. the Applicant shall prepare and submit a dust control
plan, which consistent with SJVAPCD Regulation VIII, must be reviewed and approved by
the SJVAPCD before beginning grading activities. The dust control measures selected
shall be incorporated as a note on each grading plan. A six-foot high dust fence shall
surround the construction site during primary grading activities.
· Dust in all disturbed areas, including storage piles, that are not being actively utilized for
construction purposes shall be effectively stabilized by applying water; using a chemical
stabilizer or suppressant; covering with a tarpaulin or other suitable cover; or establishing
a vegetative ground cover.
· Dust from all on-site and off-site unpaved access roads shall be effectively stabilized by
applying water or using a chemical stabilizer or suppressant.
· Fugitive dust emissions during all land clearing, grubbing, scraping, excavation, land
leveling, grading, cut-and-fill, and demolition activities shall be effectively controlled by
applying water or by presoaking.
· When materials are transported off-site, all material 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).
· After adding materials to, or removing materials from, the surface of outdoor storage piles,
fugitive dust from said piles shall be effectively stabilized by applying sufficient water or
chemical stabilizer or suppressant.
· Within urban areas, trackout shall be immediately removed whenever it extends 50 or
more feet from the site and at the end of each workday.
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· Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
· Asphalt-concrete paving shall comply with SJVAPCD 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 miles per hour
(mph) over a one-hour period).
· Limit the speed of construction-related vehicles to 15 mph on all unpaved areas at the
construction site.
· Implement, carryout, and trackout mitigation measures, such as gravel pads, in
accordance with the requirements of the SJVAPCD Regulation VIII.
Long- Term (Operational) Impacts
6c. To reduce emissions from mobile sources, incorporate transportation control measures and
design features into the Project. The below-listed control measures provide a strategy to reduce
vehicle trips, vehicle use, vehicle-miles traveled, vehicle engine idling, and traffic congestion for
the purpose of reducing motor vehicle emissions and are therefore required in order to achieve
the necessary emission reduction.
· Throughout the Project, incorporate sidewalks, with adequate safety signage and
appropriate lighting. Connect sidewalks to any open space or recreational areas and to
nearby transit loading areas and/or shelters.
· Provide pedestrian and bicycle facilities, including street trees to shade the walkways
and/or Bikeways, and adequate bicycle parking.
· Select deciduous trees and locate them on southern and/or western exposures to shade
structures in summer and allow sun in winter.
., Install electrical outlets and/or natural gas lines in backyards or patios to encourage the use of
electric landscaping equipment and natural gas barbecues. No building permit can be issued
without compliance with this mitigation measure.
., At intersections and on street segments where traffic generated by the proposed
developments may impact the surrounding local roadway system, improve streets and install
traffic signals.
6d. To achieve the emissions reductions as described above, mitigation programs such as, but not
limited to the following, shall be considered by the subdivider:
Public Works ImDrovement Proiects:
Project or projects approved by the City Public Works Department that will result in the reduction
of emissions as described above. The improvements for said project must be completed and
accepted by the Public Works Department prior to recordation of individual development phases.
The project(s) selected shall be one(s) not otherwise funded or constructed with this proposed
project. The subdivider is responsible for all costs to determine the emission reductions
associated with proposed Public Works project(s). Documentation for public works improvement
project(s) demonstrating mitigation compliance shall be submitted to the Planning Director prior to
recordation of individual development phases. The types of public works improvement project(s)
used for the reduction in emissions may include but are not limited to the following types:
. Construction of a new warranted signal.
. Modification of an existing signalized intersection to add additional left tum storage or
dedicated right tum capability.
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Other Proiects:
These are non-public works projects selected by the subdivider that shall result in the reduction of
emissions as described above. The subdivider is responsible for all costs to detennine the
emission reductions associated with the proposed project(s). Proof of mitigation compliance shall
be submitted to the Planning Director prior to recordation of individual development phases.
Proof of compliance may include documentation of the number, type and year of cars crushed;
location and type of engine modified, photo documentation and quantification of emission
reduction by the San Joaquin Valley Air Pollution Control District or an air quality consultant. The
types of project(s) used for the reduction in emissions may include but are not limited to the
following types:
· Car crushing of older model cars.
· Modification to stationary diesel engines, such as those under agricultural use.
· Modification of fleet vehicles and/or other mobile sources.
SJVAPCD Mitiaation Fund
Air quality mitigation fees, at the amount to be determined by the SJVAPCD and the
subdivider, are due to the SJVAPCD Fund account at the time of the final map recordation
for each project phase. Proof of payment and SJVAPCD mitigation certificates shall be provided
to the planning director prior to recordation of each phase. During the life of the Project, if the
City of Bakersfield adopts an emissions mitigation program that provides equal or more effective
mitigation that the measures listed above, the developer may choose to participate in the City's
program to mitigate air quality impacts.
Cumulative Impacts
6e. Refer to (Mitigation Measures) Condition Nos. 6c. and 6d., above.
7. BIOLOGICAL RESOURCES
Short-Term (Construction) Impacts
7a. Construction vehicle speed limits shall not exceed 20 mph and shall be posted throughout the site
for the duration of construction activities.
7b. During construction, all pipes, culverts or similar structures with a diameter of four inches or
greater shall be kept capped to prevent entry of kit fox. If not capped or otherwise covered, the
openings shall be inspected twice daily in the moming and evening and prior to burial or closure,
to ensure no kit foxes or other wildlife become entrapped or buried in pipes.
7c. Excavations shall be provided with escape ramps or otherwise be covered to prevent entrapment,
or the site could otherwise be protected during construction through deployment of a wildlife
exclusion fence, which would eliminate the possibility of ranging animals from being hanned
during construction. Open excavations shall be checked twice daily, in the morning and evening,
to preclude loss of wildlife from entrapment.
7d. Provide open culverts during construction to reduce vehicular mortality at fox crossing roads.
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Special-Status Wildlife
7e. As required by the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) take avoidance
measures for San Joaquin kit fox dens, follow all agency guidelines regarding kit fox tracking and
excavation to prevent entrapment of animals in potential dens.
71. Prior to construction, conduct preconstruction surveys for known dens, bat roosts within the water
tower, building attics, and nest sites and implement appropriate and/or necessary take avoidance
measures for the San Joaquin kit fox and protected bird species in accordance with the MBHCP
and the Migratory Bird Treaty Act.
7g. Conduct preconstruction surveys prior to disking and/or ground disturbance activities to ensure
that no Califomia ground squirrel burrows are present and to prevent potential entrapment of
burrowing owls. Survey the buildings and water tower to ensure that no raptors are nesting at the
time of demolition. If nests are encountered, use agency-approved buffer zones and avoid nests
until the young have fledged.
7h. If any previously unidentified protected species that is not addressed in the MBHCP is found to be
present, avoid the species and have it evaluated by a qualified biologist. Notify the U.S. Fish and
Wildlife Service (USFWS) and the Califomia Department of Fish and Game (CDFG) any
previously unreported protected species. Any take of protected wildlife shall be reported
immediately to the CDFG and USFWS.
Long-Term Impacts
7i. Lighting shall be shaded or shielded and directed down and away from adjacent agricultural
areas to minimize increased predation of species that may be using the adjacent agricultural
fields. Refer to AESTHETICS/LIGHT AND GLARE, No. 3 regarding light spillover and glare
mitigation measures.
7j. All food, garbage, and plastic shall be disposed of in closed containers and regularly removed
from the site to minimize attracting ranging kit fox or other animals to the site where they may be
harmed.
8. CULTURAL RESOURCES
Archaeological Resources
8a. If archaeological resources are discovered during excavation and grading activities on-site, the
contractor shall stop all work and the City shall retain a qualified archaeologist, at the
owners/developers expense, to evaluate the significance of the finding and appropriate course of
action. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines
shall be followed and the treatment of discovered Native American remains shall comply with
State codes and regulations of the Native American Heritage Commission.
8b. If human remains are discovered as a result of the Project during any earth removal or
disturbance activities, all activity shall cease immediately, the Kern County Coroner's Office must
be notified immediately under state law, and a qualified archaeologist and Native American
monitor shall be contacted. Should the Coroner determine the human remains to be Native
American, the Native American Heritage Commission shall be contacted pursuant to Public
Resources Code Section 5097.98.
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9. PUBLIC SERVICES AND UTILITIES
Fire Protection
9a. Future development projects shall be reviewed by the City of Bakersfield and/or County of Kern
Fire Departments. Specific Department requirements for access, fire flow, hydrants, or other fire
and life safety requirements shall be addressed at the subsequent property entitlement phase.
9b. Residential projects shall meet fire-flow requirements in accordance with relevant City building
codes, City fire codes, and the requirements of the Kem County Fire Department
9c. Traffic signal pre-emption devices shall be installed on all new traffic signals and a signal pre-
emption transmitter shall be provided by the applicant for the City of Bakersfield Fire Department
and Kern County Fire Department.
9<1. Because of the potential increase in construction activity and population and the resulting
increase is medical aid calls, an automated external defibrillator (AED) shall be provided by the
applicant to the City of Bakersfield and Kem County Fire Department.
ge. Refer to TRAFFIC AND CIRCULATION, NO.4 for short-term construction mitigation measures.
Police Protection
9f. Refer to TRAFFIC AND CIRCULATION, NO.4 for short-term construction mitigation measures.
Schools
9g. Prior to issuance of a building permit for any residence within the Project area, the applicant shall
pay fees to the Lakeside School District in the amount of $91.90 per residential unit and $51.69
per parcel of undeveloped property. Additionally, there are developer school impact fees levied
at $2.24 per square foot of residential construction and $0.36 per square foot of commercial and
industrial development within the boundaries of the District; the current fees the Project Applicant
shall pay to the Kem County High School District are 35% of the statutory $2.24 per square foot
for single-family detached housing.
Parks and Recreation
9h. In accordance with an ordinance of the City of Bakersfield, land must be dedicated for park uses
by the developer of new residential subdivision projects at a standard of 2.5 acres per 1,000
persons, or the developer must pay in-lieu fees of $1 ,275 per residential unit.
Water Resources
91.
Prior to filing a final tract or parcel map, the developer/owner shall record a covenant for each lot
in the subdivision that prohibits the export of groundwater from the subdivision except by the
water purveyor that is serving the subdivision. Additionally, the developer/owner shall pay City
fees for inspection of installation of water facilities and City Water Availability Fees. Payment of
fees shall be made to the City on a pro-rata basis prior to final acceptance and recordation of
each phase of the Project, based on the percentage of the gross acreage contained in the
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particular phase to be accepted and recorded. as compared with the total gross acreage within
the entire Project. All water main, service connections, and fire hydrants shall be installed by the
developer and dedicated to the City. Plans and specifications for such water mains and
appurtenances shall be prepared by and/or approval of plans for installation shall be by the City
of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter
guaranteeing a water supply.
Solid Waste
9j. All construction debris and construction-related debris shall be separated into recyclable and non-
recyclable items to the greatest extent possible. All recyclable debris shall be transported to
appropriate recycling facilities so as to reduce waste disposed of at County landfills. To the
maximum extent possible, recyclable materials and materials consistent with the waste-reducing
goals of the City shall be used for all aspects of construction.
10. CITY ATTORNEY CONDITION
10a. 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 attomey chosen by
another entity or party.
11. PUBLIC WORKS CONDITIONS
11a. Prior to approval of any development plan, improvement plan, or application for a lot line
adjustment. the following shall occur.
. Developer shall provide fully executed dedication for Gosford Road and McCutchen Road
and Panama Lane to arterial standards and Berkshire 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.
. Developer shall submit a conceptual drainage study to be reviewed and approved by the
City Engineer. No more than 3 sumps may be utilized to serve this area; these sum!l~
should be located so that they may be available to serve adjacent areas as they dev~:K(\1.
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. The study shall be approved and any required retention site and necessary easements
dedicated to the City. The developer shall form a Planned Drainage Area or provide some
other mechanism as approved by the City Engineer to ensure the construction of the
drainage facilities and the payment of the pro-rata share of the facilities by all of the
affected property.
. Sewer service must be provided to the GPAlZC area. 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.
. Developer shall pay median fees for all arterial roads within the boundaries of the GPAlZC
area. The payment of these fees may be phased to match the construction phasing of the
project.
11 b. The entire area covered by this 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.
11 c. The Berkshire Road crossing of the Stine Canal needs to be constructed to serve this area.
Developer shall aid in the formation of a Major Road and Thoroughfare District for the
construction of the crossing.
11d. Traffic - Local Mitigation: The developer shall pay the proportionate share of the local mitigation
measures as indicated in Table 5.5-16 of the DEIR (copy on file at City) (SEE next page showing
Table5.5-16), percent shares shall be based upon the Caltrans methodology, percentage in
parenthesis (%).
Prior to development or recordation of any subdivision the project engineer shall prepare, and
have approved by the City Engineer, an estimate and fee schedule for these local mitigation
items, where not already accounted for by adjacent development projects.
11e. Traffic - Regional Transportation Impact Fee: The developer shall pay the standard residential,
commercial and industrial fees as adopted at time of development. For any retail use exceeding
the 100,000 SF fixed fee rate limit, the fee shall be computed by special study in compliance with
City policy.
(See Table 5.5-16 on next page.)
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TABLE 5.5-16 (From Gosford-Panama EIR)
Future Intersection Improvements & Local Mitigation
Local Project 0/0
Intersection Total Improvements Mitigation Share or
Required by 2024 (Improvements Local
not covered by Mitigation
RT1F)
Gosfon Road &. Ming Avenue 1 WBR, 1.86%
1 NBR (6.33%)
Ashe &. White Lane 1 EBL, 1 EBL,
1 WBL, 1 WBL, 2.5%
1 NBL, 1 NBL, (10.35%)
1 SBL 1 SBL
Gosfon Road &. White Lane Revise signal timing
Gosfon Road &. Disbict Boulevard 1 NBL 1 NBL 12.84%
1 SBL 1 SBL (31.06%)
Old RIver Road &. Pacheco Road Install Signal Install Signal
1 EBl, 1 EBL, 21.78%
1 WBL, 1 WBL, (22.B1%)
1 NBl, 1 NBL,
1 SBL 1 SBL
Buena Vista Road &. Harris Road Install Signal 1 EBl,
1 EBL, 1 WBL 8.31%
1 WBl, (12.33%)
2 NBL,
1 NBT,
2 SBl,
ISNT
Old RIver Road &. Harris Road Install Signal 1 EBL, 22.09%
1 EBL, 1 WBL (22.27%)
1 WBl,
1 NBl,
1 SBL
2
The methodology for calculating the percent shares shown in Table 5.5-16 and 5.5-17 are
discussed in Appendix 15.4, Traffic Study.
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Local Project 0/0
Intersection Total Improvements Mitigation Share or
Required by 2024 (Improvements Local
not covered by Mitigation
R11F)
progress Road & Harris Road Install Signal - 1 EBl, 1 WBl, Install Signal - 1 15.68%
1 NBl, 1 SBl EBl, 1 WBl, 1 NBl, (15.68%)
1 SBl
Ashe Road & Harris Road Install Signal Install Signal 3.38%
(6.24%)
Allen Road and Panama Lane Install Signal - 1 EBl, 1 WBl, 1 1 EBl, 1 NBl 4.26%
NBl, 1 SBL (4.26%)
Bartow Road & Panama Lane Install Signal - 1 EBl, 1 WBl, 1 1 NBl, 1 SBl 7.26%
NBl, 1 SBl (7.26%)
Buena Vista Road & Panama Lane Install Signal - 1 EBl, 1 EBT, 1
WBl, 1 NBl, 1 NBT, 1 SBl, 1 SBT
Mt. Vista Road & Panama Lane Install Signal - 1 EBl, 1 EBT, 1 1 NBl, 1 SBl 13.78%
WBl, 1 NBl, 1 SBl (13.78%)
Old River Road & Panama Lane Install Signal - 1 EBl, 1 EBT, 1
WBl, 1 WBT, 1 NBl, 1 NBT, 1 SBl,
1 SBT
Progress Road & Panama Lane Install Signal - 1 EBl, 1 EBT, 1 Install Signal - 32.12%
WBl, 1 WBT, 1 NBl, 1 SBl 1 NBl, 1 SBl (3B.26%)
Commercial North Entrance & Install Signal - 1 EBT, 1 WBT Install Signal
Panama Lane _2
Gosford Road & Panama Lane Install Signal - 2 EBl, 1 EBT, 1
EBR, 2 WBL, 1 WBT, 2 NBL, 1 NBT,
1 NBR, 1 SBl, 1 SBT
Reliance Drive & Panama Lane Install Signal - 1 EBl, 1 WBl, 1 1 NBl, 1 SBl 13.65%
NBl, 1 SBl (21.84%)
Ashe Road & Panama Lane Install Signal - 1 EBl, 1 EBT, 1 1 SBl, 1 SBT 7.34%
EBR, 1 WBl, 1 WBT, 2 NBl, 1 NBT, (10.49%)
1 SBl, 1 SBT
Golden Gate Drive & Panama Lane Install Signal
Wible Road & Panama Lane 1 WBl, 1 WBR3, 2 NBl, 1 NBT, 1 1 WBl, 1 WBR3, 1.93%
SBl, 1 SBT 2SBT (5.5%)
Gosford Road & Commercial East Install Signal - 1 EBl, 1 EBT, 1 Install Signal - 1
Entrance EBR, 1 WBl, 1 WBT, 2 NBl, 1 NBT, NBl _2
1 SBl, 1 SBT
Old River & Berkshire Road Install Signal - 1 EBl, 1 WBl, 1 1 EBl, 1 WBl 7.45%
NBl, 1 SBl (7.45%)
Progress Road & Berkshire Road Install Signal - 1 EBl, 1 WBl, 1 Install Signal - 1 2B%
NBl, 1 SBl EBl, 1 WBl, 1 NBl, (28%)
1 SBl
Gosford Road & Berkshire Road Install Signal - 1 EBl, 1 WBl, 1 1 EBl, 1 WBl 45.65%
NBl, 1 SBl, 1 SBT (45.65%)
Buena Vista Road & Mc.Cutchen Install Signal - 1 EBl, 1 WBl, 1 1 EBl 7.5%
Road NBl, 1 NBT, 1 SBl (8.67%)
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Intersection
Mt. VISta Drive & McCutchen
Road
Old River Road & McCutchen
Road
Progress Road & McCutchen
Road
Gosfcrd Road & McCutchen
Road
Ashe Road & McCutchen Road
Golden Gate Road & McCutchen
Road
Stine Road & Hosking Avenue
Akers Road & Hosking Avenue
Wible Road & Hosking Avenue
SR 99 SB & Hosking Avenue
SR 99 NB & Hosking Avenue
Old River Road & McKee Road
Progress Road & McKee Road
Gosfcrd Road & McKee Road
Old River Road (North) & Taft
HighwayS
Old River Road (South) & Taft
HighwayS
progress Road & Taft Highway
Gosford Road & Taft Highway
Gosford Road & Curnow Road
Total Improvements
Required by 2024
Install Signal - 1 EBL, 1 WBL,
1 NBL, 1 SBL
Install Signal - 1 EBL, 1 WBL, 1 NBL, 1
SBL
Install Signal- 1 EBL, 1 WBL, 1 NBL, 1
SBL
Install Signal-1 EBL, 1 EBT, 1WBL, 1
WBT, 1 WBR, 2 NBL, 1 NBT, 2 SBL, 1
SBT
Install Signal - 1 EBL, 1 WBL, 1 NBL, 1
SBL
Install Signal - 1 EBL, 1 WBL, 1 NBL, 1
SBL
Install Signal - 1 EBL, 1 WBL, 1 NBL, 1
SBL
Install Signal
Install Signal - 1 EBT, 1 EBT, 1 WBL, 1
WBT, 1 NBL, 1 SBL
Install Signal - 1 EBT, 1 WBT
Install SiQnal
Install Signal - 1 EBL, 1 WBL, 1 NBL, 1
SBL
Install Signal - 1 EBL, 1 WBL, 1 NBL, 1
SBL
Install Signal - 1 EBR, 1 NBL
Install Signal - 1 EBL, 1 EBT, 1 EBR, 1
WBT, 1 WBR
1 NBT, 1 NBR, 1 SBL, 1 slJY4, 1 SBR4
Install Signal - 1 EBL, 1 WBL, 1 NBL, 1
SBL .
Install Signal - 1 EBT, 1 WBT, 1 NBL, 1
SBL
Install Signal - 1 EBL, 1 WBL, 1 NBL, 1
NBT, 1 SBL
Local Mitigation
(Improvements
not covered by
RTIF)
Install Signal - 1 EBL,
1 WBL, 1 NBL, 1 SBL
1 NBL, 1 SBL
1 NBL, 1 SBL
1 EBL, 1 WBL
Install Signal - 1 EBL, 1
WBL, 1 NBL, 1 SBL
1 EBR
1 1
NBT, NBR
Install Signal - 1 NBL, 1
SBL
1 EBL, 1 WBL
1 EBL
Project 0/0
Share or
Local
Mitigation
15.17%
(15.32%)
35.56%
(25.76%)
34%
(34%)
8.08%
(8.08%)
11.12%
(11.12%)
19.64%
(19.64%)
5.07%
(11.35%)
6.84%
(6.84%)
10.97%
(24.45%)
10.8%
(10.8%)
Notes:
1 Stripingonly.
2 The project will Install the signal and language the time of bulldout.
3 utilize current right tum for additional WBT.
4 New lanes are to be on realignment north leg of Intersection S CUrrently offset. Realign north Intersection to meet south
Intersection ('!to) CaItrans Percent Share.
S NB: North bound; 58: South bound; EB: East bound; WB: West bound; L: Left tum lane; R: Right tum lane.
Source: Traffic Study, Ruettgers & Schuler Ovll Engineers, November 2004.
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12. PLANNING COMMISSION CONDITIONS
12a. Prior to issuance of the first single family residential building permit, the developer shall
demonstrate to the satisfaction of the Planning Director that photovoltaic systems will be offered
to all single-family homebuyers as an optional feature.
12b. Prior to recordation of final maps, the Public Works Department shall verify that all associated
improvement plans specify that all street lights are to be zero cutoff fixtures.
12c. Upon recordation of the first subdivision map, the applicant shall construct to the City of
Bakersfield standards as approved by the Public Works Director, curb, gutter and street at the
commercial comer of Panama Lane and Gosford Roads. Upon the recordation of the 200'"
residential lot, the applicant shall construct to City of Bakersfield standards as approved by the
Public Works Director, curb, gutter and streets at the commercial corner of McCutchen Road and
Gosford Road.
12d. In an attempt to reduce complaints and unwarranted investigations undertaken by any public
agency, the following disclosure shall be recorded as part of any transfer of properties within the
project site.
Your real property is adjacent or in the vicinity of property used for agricultural operations
and/or industrial operations. you may be subject to inconveniences or discomforts arising
from and associated with such operations on any 24-hour basis. Said discomforts may
include, but shall not be limited to equipment noise, odors from manure, fertilizer, and
other chemicals, dust and/or smoke.
12e. All commercial zoning on the site shall be C-2 with a PCD (Planned Commercial Development)
overlay.
12f. If Progress Road is eliminated, the applicant shall complete Panama Lane, curb, gutter and street
from the project boundary west to the railroad tracks.
Added Conditions for Vulcan Materials ComDanv:
13. The developer shall promptly grant to Vulcan Materials Company fee title to a 30-foot wide strip of
land along a portion of the northem boundary of the proposed light industrial zone, including
along 150 feet of Vulcan's property, as shown on Figure 1 attached hereto. The strip will be used
as a private roadway for industrial access for trucks and other vehicles between Progress Road
and Vulcan's plant property. If approval of a lot line adjustment, parcel map waiver, or other
permit is necessary to effectuate this grant, Developer shall promptly process the lot line
adjustment, parcel map waiver, or other permit and grant Vulcan fee title to the 30-foot wide strip
immediately upon approval thereof by the City. Prior to the recording of the deed for the strip,
Vulcan shall have a temporary easement to use the strip for this same roadway use. Developer
acknowledges that Vulcan retains the current access points from Panama Lane to its facilities.
14. The developer shall install, as and when warranted, a traffic signal at the intersection of Progress
Road and Panama Lane, which traffic signal is specifically identified as a required Local
Mitigation in Table 5.5-16 of the Final EIR for the Project. The traffic signal shall be consistent
with City of Bakersfield standards as approved by the Public Works Director. The traffic signal
shall have, if approved by City, a protected left tum phase for traffic tuming onto southbound
. -M-,
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Progress Road from westbound Panama Lane and a protected left turn phase for traffic tuming
onto westbound Panama Lane from northbound Progress Road. Whether or not such protected
left tum phases are approved or provided, City will permit left tums onto southbound Progress
Road from westbound Panama Lane, and City will permit left turns onto westbound Panama Lane
from northbound Progress Road. The requirement to install this traffic signal does not eliminate
the requirement to install or construct any other improvements at or near this intersection called
for by the Bakersfield General Plan or other applicable City requirements, the Project EIR, and/or
any other conditions of approval for the Project.
15. Prior to issuance of any certificate of occupancy within the area proposed to be designated as LI
and zoned M-1, Developer shall construct a masonry wall, not less than six feet high, on the
Project site immediately adjacent to the southem perimeter of Vulcan's property (including the 30-
foot strip to be granted to Vulcan pursuant to Condition 13 above). Developer, and all future
owners of property(ies) where such wall has been installed, shall be responsible for maintaining
such wall in good condition and repair.
16. Prior to issuance of any certificate of occupancy within the area proposed to be designated as
HMR and zoned R-2 and/or the area proposed to be designated as MC and zoned C-2,
Developer shall construct a masonry wall, not less than six feet high, on the Project site along the
southem boundaries of the area proposed to be designated as MC and zoned C-2, all as shown
on Figure 1 attached hereto. The bottom of the wall shall be at grade level of the adjacent
residences. Developer, and all future owners of the property(ies) where such wall has been
installed, shall be responsible for maintaining such wall in good condition and repair.
17. Prior to issuance of any certificate of occupancy within the area proposed to be designated as
LMR zoned R-2 (MH overlay) and/or the area proposed to be designated as MC and zoned C-2,
Developer shall construct a masonry wall, not less than six feet high, on the Project site along the
western boundary of the area proposed to be designated as MC and zoned C-2, all as shown on
Figure 1 attached hereto. The bottom of the wall shall be at grade level of the adjacent
structures. Developer, and all future ownerS of property(ies) where such wall has been installed,
shall be responsible for maintaining such wall in good condition and repair.
18. Prior to issuance of any certificate of occupancy within the area proposed to be designated as
LMR and zoned R-2 (MH overlay) and/or the area proposed to be designated as LI and zoned M-
1, Developer shall construct either a 7 -foot high masonry wall atop a 3-foot high earthen berm or
a 10-foot high masonry wall on the Project site along the southern boundary of the area proposed
to be designated as LI and zoned M-1, as shown on Figure 1 attached hereto. The bottom of the
3-foot high berm or the 10-foot high wall shall be at grade level of the adjacent residences.
Developer, and all future owners of property(ies) where such wall has been installed, shall be
responsible for maintaining such wall in good condition and repair.
19. Prior to issuance of any certificate of occupancy within the area proposed to be designated as
MC and zoned C-2, the developer shall install a row of trees adjacent to the masonry wall
required by Conditions 16 and 17 above, as shown on Figure 1 attached hereto. At the time of
construction of the masonry wall required by Condition 18 above, Developer shall install a row of
trees adjacent to such wall as shown on Figure 1 attached hereto. All such trees shall be planted
and maintained in accordance with City site development, zoning and/or PCD standards, shall be
spaced not more than 20 feet apart, and shall be of a size sufficient to exceed the height of the
adjacent wall at full growth.
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20. The developer shall construct a masonry wall, which shall be at least 6 feet high in all locations,
on the Project site along the perimeter of the proposed residential area, except in such locations
as higher walls are required by these conditions of approval. The wall may be constructed in
sections, provided that each section shall be constructed prior to issuance of any certificate of
occupancy for any residential unit within the development phase that includes such section of
wall. Developer. and all future owners of property(ies) where such wall has been installed, shall
be responsible for maintaining such wall in good condition and repair.
21. All residences constructed in the area proposed to be designated as LMR and zoned R-2 (MH
overlay) shall be limited at all times to one story. This area of limitation is further illustrated in
Figure 1 attached hereto.
22. The westemmost buildings in the proposed commercial center in the Project adjacent to the
eastem boundary of Vulcan's property (a) shall be set back at least 60 feet from the eastem
boundary of Vulcan's property, (b) shall be at least 30 feet in height, and (c) shall be designed
and constructed so that walls facing Vulcan's property do not include any storefronts, all as
shown on Figure 2 attached hereto.
23. Noise levels in residences within the Project site shall be further mitigated through the use of
noise-reducing components adequate to reduce noise from nearby heavy industrial sites and
operations, including but not limited to dual-paned windows and air conditioning.
24. The developer shall include the following disclosure provision in any grant deed to any grantee of
any property within the Project site:
Grantee hereunder acknowledges and agrees that the subject property is
located in the vicinity of active industrial uses and operations, including the
production of concrete, asphalt and other construction materials. Grantee
also acknowledges that such operations are associated with potentially
objectionable elements, including dust, noise, vibration, bright lights,
unattractive visual appearance, hours of operation, and heavy truck traffic
on Gosford Road, Panama Lane, McCutchen Road and other roads in the
area. Grantee hereby covenants to include this same paragraph in any
subsequent deed by Grantee of all or any portion of the subject property.
By jeng / S:IZoneChangeIOIH 686\Exh con.doc
January 19, 2006
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25. Conditions 13-24 above (a) shall be in addition to, and not in lieu of or substitution for, any other
condition of approval or mitigation measure; (b) shall govem over any conflicting provision of any
other condition of approval or mitigation measure; and (c) shall not be amended, modified or
waived without at least one duly noticed public hearing by the City Council, and notice of such
hearing shall include prior mailed notice to all owners or operators of all adjacent industrial
properties. Nothing in Conditions 13-24 above or any other condition of approval or mitigation
measure shall be deemed to confer any jurisdiction of the City over any such industrial properties
prior to any annexation thereof.
Added Conditions for Golden EmDire Concrete:
26. Promptly upon annexation of the Project site into the City, subject to approval by City and County,
to the extent such approval is required, Developer shall cause a three-way stop sign to be
installed at the intersection of Gosford Road and McCutchen Road.
27. Upon recordation of the final map containing the 200th residential lot in the Project, Developer
shall install a traffic signal at the intersection of Gosford Road and McCutchen Road. Developer
acknowledges that Golden Empire Concrete retains the current access points from McCutchen
Road and Gosford Road to its facility.
28. The median design along McCutchen Road, in the vicinity of the Gosford Road intersection, shall
accommodate existing industrial and future commercial center development according to City
standards, in consultation with the owners of the adjacent industrial properties and other adjacent
property owners.
29. The commercial area in the southeast corner of the Project site proposed to be designated as GC
and zoned as C-2IPCD shall be modified so that the area is 772.50 feet wide (east to west) and
515 feet in length (north to south), as shown on Figure 6 attached hereto, and more particularly
described in Exhibit "A" attached hereto.
30. Developer shall install a stormwater collection sump in the southeast comer of the area proposed
to be designated as LR and zoned as R-1 located west of the commercial area referenced in
Condition 29, as shown on Figure 5 attached hereto.
By jeng / S:\ZoneChangeI05-16861Exh con.doc
January 19, 2006
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Page 24 of 25
31. Prior to issuance of any certificate of occupancy of any residence within 800 feet of the centerline
of McCutchen Road, Developer shall install landscaping within an additional setback strip at least
10 feet wide adjacent to the northem side of the ultimate McCutchen Road right-of-way, as shown
on Figure 5 attached hereto. Developer shall further install appropriate irrigation systems for all
such landscaping. Developer, and all future owners of property(ies) where such landscaping and
irrigation systems have been installed, shall be responsible for maintaining such landscaping and
irrigation systems in good condition and repair.
32. Prior to issuance of any certificate of occupancy of any residence within 800 feet of the centerline
of McCutchen Road, Developer shall construct either a 7-foot high masonry wall atop a 3-foot
high earthen berm or a 10-foot high masonry wall on the Project site along the northern and
westem boundary of the commercial center referenced in Condition 29, and on the northem
portion of the 10-foot setback provided pursuant to Condition 31, all as shown on Figure 5
attached hereto. The bottom of the 3-foot high berm or the bottom of the 10-foot high wall shall
be at grade level of the adjacent residences. The Developer, and all future owners of
property(ies) where such wall and/or berm has been installed, shall be responsible for
maintaining such wall and/or berm in good condition and repair.
33. Except as otherwise provided in Conditions 31 and 32 above, Developer shall construct a masonry
wall, which shall be at least 6 feet high in all locations, on the Project site along the perimeter of
the proposed residential area. The wall may be constructed in sections, provided that each
section shall be constructed prior to issuance of any certificate of occupancy for any residential
unit within the phase that includes such section of wall. Developer, and all future owners of
property(ies) where such wall has been installed, shall be responsible for maintaining such wall in
good condition and repair.
34. All residences constructed in the area marked "single story homes" on Figure 5 attached hereto
shall be limited at all times to one story.
35. In the event Golden Empire Concrete elects to install any sound muffling on or around any
equipment or facilities on its plant site, Developer shall promptly reimburse Golden Empire
Concrete for up to $20,000 of the costs incurred therefor.
36. Noise levels in residences within the Project site shall be further mitigated through the use of
noise-reducing components adequate to reduce noise from nearby heavy industrial sites and
operations, including but not limited to dual-paned windows and air conditioning.
37. The developer shall include the following disclosure provision in any grant deed to any grantee of
any property within the Project site:
Grantee hereunder acknowledges and agrees that the subject property is
located in the vicinity of active industrial uses and operations, including the
production of concrete, asphalt and other construction materials. Grantee
also acknowtedges that such operations are associated with potentially
objectionable elements, including dust, noise, vibration, bright lights,
unattractive visual appearance, hours of operation, and heavy truck traffic
on Gosford Road, Panama Lane, McCutchen Road and other roads in the
area. Grantee hereby covenants to include this same paragraph in any
subsequent deed by Grantee of all or any portion of the subject property.
By jeng / S:\ZoneChengeIOIH686\Exh con.doc
Jenu9/)' 19, 2006
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38. Conditions 26-37 above (a) shall be in addition to, and not in lieu of or substitution for, any other
condition of approval or mitigation measure; (b) shall govem over any conflicting provision of any
other condition of approval or mitigation measure; and (c) shall not be amended, modified or
waived without at least one duly noticed public hearing by the City Council, and notice of such
hearing shall include prior mailed notice to all owners or operators of all adjacent industrial
properties. Nothing in Conditions 26-37 above or any other condition of approval or mitigation
measure shall be deemed to confer any jurisdiction of the City over any such industrial properties
prior to any annexation thereof.
PLANNING DEPARTMENT
39. The 26.41 acres to be zoned R-2 (Limited Multiple Family Dwelling) zone shall be limited to a
maximum of 210 dwelling units. The 2.4 acres proposed to be zoned R-1 (One Family Dwelling)
zone shall be limited to a maximum of 20 dwelling units.
Dwelling unit limits required to stay within the parameters of the environmental analysis of the
Gosford-Panama EIR. The MH (Mobile Home) zone project description of GPA/ZC
05-0057(Gosford-Panama EIR) stated 230 mobile home units.
By jeng/ S:lZoneChange\05-1686\Exh con.doc
JanUBty 19, 2006
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ZONING MAP 126 ~9 ,[.
ORIGIN"
EXHIBIT "4"
Legal Description
Zone Change # 05-1686
Page 1 of;Z
"MH" Zone to "R-l"
All that portion of Section 29, Township 30 South, Range 27 East, M.D.M., in the
County of Kern, State of California, more particularly descn"bed as follows:
Commencing at the Southeast comer of said Section; thence N 00° 35' 45" E
along the East line of said Section a distance of30.00 feet to a pomt of
intersection with the North line of the South 30.00 feet of said Section; theI .ce
N 89° 17' 53" W along said North line a distance of 30.00 feet to a poiI1t of
intersection with the West line of the East 30.00 feet of said Section; thence, ,
N 00° 35' 45"E along said West line a distance of3350.90 feet; thence
N 89° 17' 18" W a distance of 1290.48 feet; thence N 00° 35' 25" E a distance
244.38 feet to a point ofintersection with the centerline of the Stine Canal; thence
along said centerline ofsaid canal S 53° 15' 45" W a distance oflOO1.76 feet; .
thence S 43 ° 09' 45" W a distance of 146.27 feet; thence S 24° 31' 45" W a
distance of293.58 feet to the True Point of Beginning;
Thence S 24° 31' 45" Wa distance of 692.90 feet;
Thence S 36° 58' 45" W a distance of39.79 feet;
Thence N 00° 36' 42" E a distance of 665.96 feet;
Thence S 89° 17' 24" E a distance of :304.51 feet to the True PoiI1t of Beginning.
Containing 2.40 Acres, more or less.
~ltt lit V If/¡Øl (/,Ç
Michael R. Martin P.L.S. 4714
License Expires 9/30/07
Quad Knopf, Inc. 11/18/05
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Legal Description .
Zone Change # 05-1686
"MH" Zone to "R-Z"
Page 2 of2
All that portion of Section 29, Township 30 South, Range 27 ,East, M.D.M., in the
, County of Kern, State of California, more particularly described as follows:
Commencing at the Southeast corner of said Section; thence N 00° 35' 45" E
along the East line of said Section a distance of 3G.00 feet to a point of
intersection with the North line of the South 30.00 feet of said Section; thence N
890 17' 53" W along said North line a distance of 30.00 feet to a point of
intersection with the west line of the East 30.00 feet of said Section; thence N 00°
35' 45" E along said West line a distance of3350.9O feet; thence N 89° 17' 18"
W a distance of 1290.48 feet; thence N 00° 35' 25" E a distance 244.38 feet to a
point of intersection with the centerline of the Stine Canal and the True Point of
Beginning;
Thence along said centerline of said canal S 53° 15' 45" W a distance ofloo1.76
feet;
Thence S 43 ° 09' 45" W a distance of 146.27 feet;
Thence S 24° 31' 45" W a distance of293.58 feet;
Thence leaving said canal, N 89° 17' 24" W a distance of304.51 feet;
Thence N 00° 36' 42" E a distance of 1320.04 feet;
Thence S 89° 17' IS" E a distance of 1318.68 feet;
Thence S 00° 35' 25" W a distance of 334.37 feet to the True Point of Beginning;
Containing 26.41 Acres, more or less.
11.1JJ t ~ 1I1,,/dS
Michael R. Martin .L.S.4714
License Expires 9/30/07
Quad Knopf, Inc. 11/18/05
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ORiGINÅ'
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 6th day of March, 2006 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4341 passed by the
Bakersfield City Council at a meeting held on the 5th day of March. 2006 and
entitled:
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP
NO. 123-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM A MH
(MOBILE HOME) ZONE TO AN R-1 (ONE FAMILY DWELLING)
ZONE ON 2.4 ACRES, AND FROM A MH (MOBILE HOME)
ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY) ZONE ON 26.41
ACRES GENERALLY LOCATED ON THE EAST SIDE OF
PROGRESS ROAD (EXTENDED), APPROXIMATELY Yo. MILE
SOUTH OF PANAMA LANE (FILE #05-1686)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~ *~¿
DEP Ci lerk
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