HomeMy WebLinkAboutRES NO 138-06
138-06
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 05-0423, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY
LOCATED ON THE LOCATED EAST OF GOSFORD ROAD, NORTH
OF MCCUTCHEN ROAD.
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on Monday, April 3, 2006,
and on Thursday, April 6, 2006, on General Plan Amendment No. 05-0423, notice of time and place for
a public hearing having been given at least twenty (20) calendar days before said hearing by publication
in The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No. 05-0423, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-0423:
SmithTech USA, Inc., for Pascoe Family Investments, LLC, applied to amend the Land
Use Element of the Metropolitan Bakersfield General Plan consisting of a change from
R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 100 acres.
The project site is located north of McCutchen Road and east of Gosford Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-0423 and it
was determined that the proposed project would not have a significant effect on the environment;
therefore, a Negative Declaration was prepared in accordance with the California Environmental Quality
Act (CEQA); and
WHEREAS, by Resolution No. 68-06 on March 16, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-0423 subject to the
"Mitigation/Conditions of Approval" listed in Exhibit "A" and this Council has fully considered the findings
made by the Planning Commission as set forth in that Resolution and as restated herein; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section
65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, May 24,2006,
on General Plan Amendment No. 05-0423, notice of time and place of the hearing having been given at
least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan
Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) factors when considering
projects that propose to convert designated agricultural land to non-agricultural uses; and
WHEREAS, the City Council has evaluated the ten (10) factors provided under Policy No. 14 of
the Conservation/Soils and Agricultural Element of the Metropolitan Bakersfield General Plan and finds
the following:
'(¡M('1'
~ ~
>- iñ
I;:; ,...
ù c:-'
ORIGINAl
1) Soil Quality
Finding - The soil types of the Project site (Cajon sandy loam, overblown, 0-2 percent
slopes; Kimberlina fine sandy loam; and Kimberlina fine sandy loam, saline-alkali, 0-2
percent slopes) are common soils within the Valley Floor of Kern County. The soil type
is not unique or found only on the Project site. Therefore, the conversion of the Project
site to urbanization is appropriate for the area.
2) Availabilitv of irriaation water
Finding - Groundwater levels in the area have shown a net loss and are in a state of
overdraft. Based on figures from the Kern County Water Supply Agency's 1999 Water
Supply Report, the current agricultural water use for cops on the Project site is
approximately 330 acre-feet per year. According to the Department of Water
Resources, the projected urban water use for the proposed Project will be approximately
the same as the agricultural use. Additionally groundwater quality will not negatively
impact agricultural production.
3) Proximity to non-aaricultural uses
Finding - There are numerous existing older and recently constructed subdivision tracts
lying within )12 to % miles from the proposed Project site.
4) Proximity to intensive parcelization
Finding - According to the Metropolitan Bakersfield General Plan, future land use
parcelization is allowed to the north of the Project site. Therefore, the conversion of the
Project site to urbanization is appropriate for the area.
5) Effect on properties subiect to "Williamson Act" land use contracts
Finding - No parcels within the Project site are under Williamson Act land use contracts.
6) Ability to be provided with urban services (sewer. water. roads. etc.)
Finding - The Project site is accessible by existing City and County maintained roads
(McCutchen Road and Gosford Road). Water supply will be taken from Gosford Road.
Sewer services are being required as a condition of this proposed development.
7) Ability to affect the application of aaricultural chemicals on nearbv aaricultural procerties
Finding - Existing homes in the area preclude crop dusting. Therefore, no changes in
methods of application of agricultural chemicals applied to adjacent lands are required.
8) Ability to create a precedent-settina situation that leads to the premature conversion of
prime aariculturallands
Finding - The Project would not create any situation that would lead to the premature
conversion of adjacent or area agricultural land. Parcels to the northwest, north, and
northeast are currently being developed.
2
'òMf-9
~ <[;"
>-
.....
ç (>
O~
p
-_."._~._-
_..,._._-~.__.- ". -. ,...._~,._.- --.. ,_ -- ,,·_t_, ._.."~.,. ___ _.,_~,,__.~,,_
9) Demonstrated proiect need
Finding - The proposal is a logical expansion of residential development in the
southwestern portion of the City of Bakersfield. The Project is in accordance with the
General Plan's Housing Element, and is necessary to provide for housing to offset the
deficiency in urban housing demand.
10) Necessitv of buffers such as lower densities. setbacks. etc
Finding -The Project is located adjacent to agricultural land uses. The proposed R-1
developments to the north of the Project boundary represent low-density development.
The proposed Project is consistent with this use.
WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct.
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 68-06, adopted on April 6, 2006:
a. All required public notices have been provided.
b. The provisions of CEQA have been met.
c. Based upon the Initial Study and comments received, staff has determined that
the proposed project could not have a significant effect on the environment. A
Negative Declaration was prepared for the project in accordance with CEQA.
d. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General
Plan.
e. The land use designation change from R-IA (Resource-Intensive Agriculture) to
LR (Low Density Residential) on 100 acres is compatible with the land use
designations of surrounding properties and is internally consistent with the
Metropolitan Bakersfield General Plan.
f. 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.
3. That the applicant by prior written agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration.
4. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
3
~ 'òMf?'<[;
>-
.....
õ ,:
ORIGINAi
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
1. The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for General Plan Amendment No. 05-0423 is hereby approved
and adopted.
3. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
4. The City Council hereby approves and adopts General Plan Amendment No. 05-0423,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for property generally located on the north side of
McCutchen Road and east of Gosford Road, subject to "Mitigation/Conditions of
Approval" listed in Exhibit "A".
5. 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.
6. That General Plan Amendment No. 05-0423, approved herein, be combined with other
approved General Plan Amendment cases in this same cycle described in separate
resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan.
---------000--------
4
X 'òMf-9
O ,l-
.,
>- ,
..... .
Õ
ORIGINI\:
---,....~-- ---
n_._·_~_,,_. "'__"___'_".~_._ "~.__.___.__.,,___. ,_._,._~__.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of
the City of Bakersfield at a regular meeting thereof held on MlIY 2 4 ?OOfi by the following vote:
~
NOES:
ABSTAIN:
ABSENT
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
--- ~
COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
~.
fl"UOh ¿¡. r<\cf' ,:1J~
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
MAY 24 200'6
_APPR0Í1~
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
Q:,lI¿Z" X/&~j4~'
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
S:\GPA 1st 2006\05-0423\Resolutions\CC GPA Resolution.doc
5
'ò MS'-9
~ ~
>- -
t;: J2!
ù C)
ORIGINAL
EXHIBIT A
Mitigation I Conditions of Approval
« 'òM("1'
o ó'
>- ~
..... m
_ r-
r.:; (::;
')RIGINAI
EXHIBIT A
Mitigation/Conditions of Approval
General Plan AmendmentlZone Change 05-0423
Air Qualitv Mitiaation Measures:
1. To ensure that Project emissions are minimized, the applicant is proposing a number of
mitigation measures. The following measures have either been applied to the Project through
the URBEMIS 7.5.0 Model or will be implemented in conjunction with the San Joaquin Valley
Air Pollution Control District (SJVAPCD) rules. Therefore, the applicant/developer of the
Project site shall submit documentation to the Planning Department prior to tract recordation
that they will/have met the following air quality mitigation measures:
A. PM10 Mitigation Measures
a) The criteria pollutant most affected by the proposed mitigation measures will be PM,o.
As the Project will be completed in compliance with the SJVAPCD Regulation VIII,
dust control measures will be taken to ensure compliance specifically during grading
and construction phases. The mitigation measures to be taken are as follows:
· The developer shall water exposed surfaces (soil) three-times/day.
· The developer shall water all haul roads (unpaved) three-times/day.
· The developer shall ensure that all vehicles (as defined under Rule 8011) do not
exceed a speed of 15 miles per hour on unpaved roads.
· The developer shall stabilize all disturbed areas, including storage piles, which are
not being actively utilized for construction purposes using water, chemical
stabilizers or by covering with a tarp, other suitable cover or vegetative ground
cover.
· The developer shall control fugitive dust emissions during land clearing, grubbing,
scraping, excavation, leveling, grading, or cut and fill operations with application of
water or by presoaking.
· When transporting materials offsite, the developer shall maintain a freeboard limit
of at least 6 inches and cover or effectively wet to limit visible dust emissions.
· The developer shall limit and remove the accumulation of mud and/or dirt from
adjacent public roadways at the end of each workday. (Use of dry rotary brushes
shall be prohibited except when preceded or accompanied by sufficient wetting to
limit visible dust emissions. The use of blowers is expressly prohibited.)
· The developer shall stabilize the surface of storage piles following the addition or
removal of materials using water or chemical stabilizerlsuppressants.
· The developer shall remove trackout when it extends 50 feet, or more, from the
site at the end of each workday.
· The developer shall cease grading activities during periods of high winds (greater
than 20 mph over a one-hour period).
X 'ò/lKf1'
a ~,
>- m
I;:; r-
Ù C:o
ORIGINAL
-_.. ",-",. ..-. ..-..-,.- ""---'"-""-'--- -'-""-"-~'-'---'--
Exhibit A
Conditions of Approval
GPA/ZC 05-0423
· For all asphalt-concrete paving, the developer shall comply with SJVAPCD Rule
4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving
materials.
· The developer shall comply with the provisions of SJVAPCD Rule 4601
Architectural Coatings, during the construction of all buildings and facilities.
Application of architectural coatings shall be completed in a manner that poses the
least emissions impacts whenever such application is deemed proficient.
· All operations shall limit or expeditiously remove the accumulation of mud or dirt
from adjacent public streets at the end of each workday.
· And site with 150 or more vehicle trips per day shall prevent carryout and trackout.
· Implementation of carryout/trackout mitigation measures, such as gravel pads, in
accordance with the requirements of the SJVAPCD Regulation VIII.
B. Mitigation measures to Reduce Construction Equipment Exhaust
a) Prior to tract recordation the developer shall submit to the Planning Department a
written guarantee stating that during the construction phase all construction equipment
in use on the Project site and on the way to and from the Project site shall comply with
the following construction equipment exhaust mitigation measures. These mitigation
measures are stated in the GAMAQI guidance document as approved and
recommended mitigation measures for construction activities:
· The developer shall properly and routinely maintain all construction equipment, as
recommended by manufacturer manuals, to control exhaust emissions.
· The developer shall shut down equipment when not in use for extended periods of
time to reduce emissions associated with idling engines.
· The developer shall use electric equipment for construction whenever possible in
lieu of diesel or gasoline powered equipment.
· The developer shall curtail the use of high-emitting construction equipment during
periods of high or excessive ambient pOllutant concentrations such as "Spare-the-
Air" days as declared by the SJVAPCD.
C. Other Mitigation
a) The following mitigation measures are recommended to further reduce the potential for
long term emissions from the completed Project:
· The Project design shall comply with standards set forth in Title 24 of the Uniform
Building Code to minimize total consumption of energy.
· The applicant/developer of the site shall be required to comply with applicable
mitigation measures in the Air Quality Attainment Plan, District Rules, Traffic
Control Measures, Regulation VIII and Indirect Source Rules all adopted by the
SJVAPCD.
Page 2 of 9
« 'òM£1>
o ~
>-
r- I!'
-ó C)
ORIGINAL
Exhibit A
Conditions of Approval
GPAlZC 05-0423
. The developer of the site shall petition the Golden Empire Transit District (GET) to
conduct a service study to determine if the Project site warrants being annexed
into the GET operational system.
. If it is determined by GET that the project warrants annexation into the GET
operational system, then specific bus turnouts and/or shelters shall be located at
appropriate locations to serve residential sites within the Project area in
consultation with GET. The bus turnouts andlor shelters shall be planned by
developers of the site within the Project area and local transportation coordinating
entities to encourage the efficient and practical use of public transit entities
servicing the Project area.
Cultural Resources Mitiaation Measures:
2. If archaeological resources are encountered during the course of construction, a qualified
archaeologist should be consulted for further evaluation. Any measures by the archaeologist
shall be complied with at that time.
3. If human remains are discovered or identified on the Project site at any time or during site
disturbance, 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 detail the appropriate actions
necessary for addressing the find) and the local Native American community shall be notified
immediately.
Geoloav and Soils Mitication Measures:
4. Engineering design for all future structures shall be based on the probability that the Project
area will be subjected to strong ground motion during the lifetime of development. Future
Project development plans shall be subject to the Bakersfield Municipal Code and shall
include standards that address seismic design parameters. Seismic ground shaking shall be
incorporated into design and construction in accordance with the UBC requirements and site
specific design.
Hazards and Hazardous Materials:
5. 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.
6. Prior to development and during development 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 materials. x '(>I<K("1'
o ~
>- -
t:: J!!
Page 3 of 9 Q ORIGINAl"
Exhibit A
Conditions of Approval
GPA/ZC 05-0423
7. Prior to site disturbance a Phase I Environmental Site Assessment shall be prepared for the
Project site to determine potential hazardous wastes.
Noise:
8. 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.
9. Prior to development, stationary construction equipment shall be placed such that emitted
noise is directed away from noise-sensitive receptors, to the satisfaction of the Building
Official.
10. Prior to development, 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, to the satisfaction of
the Building Official.
Public Services:
11. Future development projects shall be reviewed by the City of Bakersfield Fire Department.
Specific Department requirements for access, fire flow, hydrants, or other fire and life safety
requirements shall be addressed at the subsequent property entitlement phase.
12. Residential projects shall meet City fire-flow requirements.
13. Pursuant to Government Code Sections 65995, 65996, and 65997, mitigation of the proposed
Project's impacts on public school facilities will be limited to the collection of statutory fees
authorized under Education Code Section 17620 and Government Code Sections 65995,
65995.6, and 65995,7 at the time that building permits are issued. Currently these fees are
set a $2.24 per square foot, and amount subject to adjustment every two years. However, if
either or both districts adopt the alternative fees authorized by Government Code Sections
65995.6 and/or 6995.7, fees required for this Project may be significantly higher than the
current amount.
Transportation and Traffic:
14. Intersection street improvements for the year 2025 which are needed to maintain or improve
the operational level of service of the street system in the vicinity of the project are shown
below, which identified those improvements not covered by the Regional Transportation
« 'òf>..KS'1'
() c.r
).., ~
Page 4 of 9 I- m
-' r-
C t:>
(JRIGINAl
Exhibit A
Conditions of Approval
GPAlZC 05-0423
Impact Fee (RTIF) program and the Project's percent share for the cost of all non-RTIF (local
mitigation) improvements.
Future Street Improvements and Local Mitigation Percentages
Local Mitigation Project %
# Intersection Total Improvements (Improvements not Share for
Required by 2025 Local
covered by RTIF) Mitigation
6 ~~liance & Install Signal - 1 EBT, 1 EBR, 1 WBL, 1 NBL, 1 SBL 0.19%
anema Lane 1 WBT, 1 WBR, 1 NBL, 1 SBL (0.26%)
7 li\she Road & Install Signal - 1 EBL, 2 EBT, 1 EBR, 1 EBT 0.27%
Þanama Lane 1 WBL, 1 WBT, 2 NBL, 1 NBT, 1 (0.4%)
NBR 1 SBL, 1 SBT
8 ßosford Road & Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 EBL, 1WBL 8.54%
ßerkshire Road 1 SBL (8.54%)
14 ~_osford Road & Install Signal - 1 NBL, 1 SBL 1 NBL 3.16%
aft Hwy SR 119 (7.2%)
15 she Road & Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 NBL 1.00%
aft Highway SR 119 1 SBL (1.65%)
Source: Ruettaers and Schuler Civil Ennineers, March 2005.
Notes:
(%) = Cattrans Percent Share
NB = Northbound L = Left-Turn Lane
SB = Southbound T = Through Lane
we = Westbound R = Right-Turn Lane
EB = Eastbound
Public Works Conditions:
15. Along with submittal with submittal of any development plan, improvement plan, or
application for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Gosford Road and McCutchen Road, to Arterial
standards and Berkshire Road to Collector standards, for the full frontages of the area
within the GPAlZC 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. A comprehensive drainage study to be submitted to and approved by the City
Engineer. Site any drainage retention facility on the periphery of the GPAlZC area to
facilitate future expansion or consolidation of drainage facilities as adjacent area
develops. The study shall be approved and any required retention site and necessary
easements dedicated to the City. The City will allow no more than one publicl~Þ.K~
maintained sump per 80 acres. Provide an easement for the ultimate retention b~n 1'ú'
>- ~
..... m
- ,...
ù ()
Page 5 of 9 ORIGINAL
,,~.. --. -......,--.-..--..'-....-.....---.-. ,.._._._.--.~
Exhibit A
Conditions of Approval
GPAlZC 05-0423
site, along with necessary easements for the transportation of drainage water to the
site.
c. 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.
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.
16. The GPAlZC area is located directly north, across McCutchen Road, to the City of Bakersfield
Sewer Treatment Plant NO.3 spreading ponds. The City of Bakersfield is in the process of
expanding existing Wastewater Treatment Plant NO.3. This expansion will include demolition
and reconstruction of the sewer lift station at the southeast corner of McCutchen and Gosford
Roads and the installation of a large diameter sewer line down McCutchen, The applicant's
development and improvement construction shall not interfere with the City's sewer project.
17. Payment of median fees for the arterial frontage of the property within the GPAlZC request will
be required upon development. These fees may be paid prior to recordation of any map or
approval of improvement plans.
18. Access to the arterial and collector streets will be limited and determined at time of division or
development. Determination of whether a right turn lane is required at the access street(s) will
also be made at the time of division or development. A full access opening will only be
considered if the developer funds and installs a traffic signal at the site entrance. Said signal
will only be permitted if a signal synchronization study is submitted and approved, which
shows progression is not adversely affected,
19. The entire area covered by this General Plan Amendment shall be included in the
Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the
Consolidate Maintenance District with submittal of any development plan, tentative subdivision
map, Site Plan Review, or application for a lot line adjustment for any portion of this GPAlZC
area.
20. With the development of the project area, approved, improved access to the site must be
provided. The required improvements shall be 32 feet of paving meeting City design
standards for a collector road, with 8' graded shoulders, If it becomes necessary to obtain any
off site right of way and if the developer is unable to obtain the required right of way, then he
shall pay to the City the up-front costs for eminent domain proceedings and enter into an
agreement and post security for the purchase and improvement of said right of way.
Page 6 of 9
X 'òf>..KS'-9
o ~
>- -
t;: J!J
C> ()
ORIGINAL
---- .,.~,----",_...._.._,- ._-- --------- - --""
Exhibit A
Conditions of Approval
GPAlZC 05-0423
21. The Stine Canal Branch 2 crosses Gosford Road; if the canal is relocated, the canal cannot
be located in the street or in backyards.
22. Local Mitigation: 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 and 8 of the traffic study. An estimate and fee
schedule shall be developed by the applicant and approved prior to recordation of a map or
issuance of a building permit. Proportionate shares from the study as follows:
e. Reliance Drive & Panama Lane, Add 1 NBL, 1 SBL, 0.26% share.
f. Ashe Road & Panama Lane, Add 1 EBT, 0.4% share.
g. Gosford Road & Berkshire Road, Add 1 EBL, 1 WBL, 8.54% share.
h. Gosford Road & Taft Highway (SR 119), Add 1 NBL, 7.2% share.
i. Ashe Road & Taft Highway (SR 119), Add 1 NBL, 1,65% share.
Notes: NB - north bound, 5B - south bound, WB - west bound, EB - east bound
L - Left turn lane, T - Through lane, R - Right turn lane
23. Regional Transportation Impact Fee: Pay the standard residential fees, as adopted at time of
development.
City Attornev Condition:
24. 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 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
x 'òf>..K~~
o ~
Page70f9 Ë ~
<.? "t:>
ORIGINAL
. ~...~ ___._._.,__ __K.__'_^_~_"'~__'__"" ____._..__.,_._.___
Exhibit A
Conditions of Approval
GPA/ZC 05-0423
attorney chosen by another entity or party.
Conditions for Golden Empire Concrete:
25. Promptly upon approval of the subdivision map for the Project site, subject to approval by the
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.
26. 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.
27. The median design along McCutchen Road and Gosford Road, in the vicinity of the
McCutchen Road/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,
28. Developer shall construct a masonry wall which shall be at least ten feet high adjacent to
Gosford Road and McCutchen Road a distance of 300 feet from the intersection of Gosford
Road and McCutchen Road. Further the Developer shall construct a masonry wall which shall
be at least six feet on the remainder of the Project site adjacent to Gosford Road and
McCutchen Road. The wall may be constructed in sections provided that each section shall
be constructed prior to recordation of the phase that includes such section of wall.
29. 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 therefore. This is a rnutual agreement
between the applicant and Golden Empire Concrete and will not be enforced by the City.
30. 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.
31. 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, 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 and
McCutchen Roads 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,
Page 8 of 9
« 'òÞO.K('1'
o ~
>- -
..... IT¡
_ r-
C ()
ORIGINAL
~--------_... .-
~~_..~-~- -- ,.. --~'----'- -- -----+---..------
Exhibit A
Conditions of Approval
GPA/ZC 05-0423
32. In an attempt to reduce complaints and unwarranted investigations undertaken by the Kern
County Department of Agriculture, the following disclosure shall be recorded with any final
map. "If your real property is adjacent to property used for agricultural operations, you may be
subject to inconveniences or discomforts arising from 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. It has been determined, in the
Agricultural Farm Conversion Study for the property, that in Kern County, the use of real
property for agricultural operations is a high priority and a favored use to Kern County and will
not be considered in the County as a nuisance for those inconveniences or discomforts
arising from agricultural operations if such operations are consistent with accepted
customs, standards, permits and laws."
33. Conditions 25-32 above (a) shall be in addition to, and not in lieu of or substitution for, any
other conditions of approval or mitigation measure; (b) shall govern 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 25-32 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.
Page 9 of 9
X 'òþ.,KS'~
o ~
>- -
I- fìJ
_ r-
o ~
ORIGINAl-
20. Metropolitan Bakersfield 2010 General Plan and Appendices, City of Bakersfield, Kern County,
Kern COG, Golden Empire Transit, March 1990.
21. Metropolitan Bakersfield Habitat Conservation Plan, Advisory Notice to Developers, 10 (a)(1)(b)
and 2081 permits, 1994.
22. State of California, Government Code.
23. State of California, Public Resources Code.
24. Student Generation Rates. February 6, 2003. Kern County Office of Education, Prepared by
David Taussig & Associates, Ive.
25. Title 17, Zoning Ordinance, Bakersfield Municipal Code.
26. Title 16, Subdivision Map Act, Bakersfield Municipal Code.
27. Traffic Study, Ruettgers & Schuler Civil Engineers. March 2005.
28. U.S. Department of Interior, Geologic Survey - Seismic Hazard Atlas.
29 Water Balance Report, City of Bakersfield, 2000.
S:\GPA 1 st 2006\05-0423I1nilial StudyllS.doc
~Þ.K('1'
~ ~
>- -
m
I;:; r-
Ù C)
PageGI1~L
*.__._,--.._....__._-,._,.._.-....~---,.,._..........,....._,...._"_.~-
EXHIBIT B
General Plan Amendment Map
'òr>.KS'?,
~ ó'
.....
>- -
..... m
_ r-
,;; C)
ORIGINAl
~-~.......---.-~-~.._._--~~_._-_.~.---,_._~--~~-~-"
r
"
.
"
W
'"
.
~
OSFORD ROAD
CITY
COUNTY
.
o
~--i
oW
00
~(f)
~ -
'- ;;0
..",
"'.....
;:m
'"
o
o
gE-
'"
o
o
'"
~g
~
W
W
,
ASHE ROAD
.
"
(lJ~
z
.
"
g Q
~ :;!
:;!
115
"
~
:J: .
m
z
:0
~ PROGRESS RD
.
~
r
.
c
'"
CD
115
"
c
¡:j
:J:
m
z
~
o
.
"
.
¡;
c
"
o
~
:;!
8
.
.
.
"
.
CITY
c
~
.
'¢Þ.Kt~
~ ~
>- m
t:. r-
" C)
OI'\IQINM,
.
G)
m
z
m
::u
»
r
"'U
r
»
z
»
s:
m
z
o
s:
m
z
-I
o
(]'I
I
o
.þ..
I\.)
W