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HomeMy WebLinkAboutORD NO 4349 ORDINANCE NO. 434'9 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 123-28) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 100 ACRES GENERALLY LOCATED EAST OF GOSFORD ROAD AND NORTH OF MC CUTCHEN ROAD (ZC NO. 05-0423). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located north of McCutchen Road and east of Gosford Road; and WHEREAS, by Resolution No. 69-06 on April 6, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-0423 as delineated on attached Zoning Map 123-28 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from A (Aricultural) to R-1 (One Family Dwelling) on 100 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on February 1, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows single-family residential development; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 69- 06, adopted on April 6, 2006: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the intial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. 1 \!;,I'.K[Ä' 0" 'ú' 'n >- IT¡ >::: ~ v t:;, ORIGINAL _. ..._- -- "--, ._....~,- .-----".,,--..-.---....., ._._.._"-,._._...~.,,---_._- 4. The proposed project is consistent with surrounding uses. 5. The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A." 7. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purposes of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the lead agency's decision to prepare a Negative Declaration for this project. 8. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted. 3. Section 17.06.020 (Zoning Map 123-28) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map 123-28 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "C", subject to approval of GPA No. 05-0423. 2 'òM¡::-s> 2- c,~ 0>- - m ~ r-- ê C) ORIGINAL SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ---------000--------- 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 JUN 2 1 2006 by the following vote: ,,/- .~ NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER v--.........-- ........-- COUCH, CARSON, BENHAM, MAGGARD, HANSON. SULLIVAN, SCRIVNER -' PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle Council of the City of Bakersfield APPROVED JUN 2 1 Zaa6 HA VEY L. HALL Mayor of the City of Bakersfiel APPROVED as to form VIRGINIA GENNARO City Attorney By: ~'7n. ~ Exhibit A - Zoning Map 123-28 B - Zone Change Legal Description C - Mitigation/Conditions of Approval CK, S:IGPA 1st 2006105,0423lResolutionslCC ZC Ordinance.doc 3 'òMI'-s> ~ tP 1.....1 --f", >- ITl ':::. t- o ò ORIGINAL EXHIBIT A Zoning Map 123-28 '( <¡,f>,K¡:1> o ~ >- - ... m - '" ç C) ORIGINAl i (X),.¡ C\Jt-. '" I a: '() C\J ~a... ¡¡<{Ii! "-", 11:'-:; . '" '" ::It!) Z ~zre "'0' tNId <> .. ~ - , . .. "..-. '. .---.- I! ¡ .' I Ii· - ." SIM. ~, !mÐ ;¡ [Qß I ¡¡- .' I Ii _. _ ;1 !is I 1,1111 ~ I !i " I, j ~ I I ¡ I r w 1!llfU.i!:mlih !~! :. :~I~:: ill;·I~·' ,i,.I. iihltlE! ih;t.1 j i¡1 1!.¡*ìf!I·~I( 1:~I.IUfi'I~1 ~~~;i ... ~I ~~v;¡~ I I!~':!!"'.. !¡...I! 1!lill~~II~i;!¡I~i¡!~llifïilililll:li · 1 ~ ' .. ~ ~ ". .. d :I .. .. !I"I!" ""~f'I .. '! »11;' :'~¥u:''' ~ . ..~.. E.. .... ~ . ~.Vuuu~..lrc.~3 at=.~.~i ZONE CHANGE 05-0423 ~I."" ." ~ + 2 i . I \ , I \ \ \ \ \ :a1 '. ¡j \ \ I I \ \ \ , \ \ \ \ \ \ \ , , I :a ;¡: ;¡ ~ C ï H i +' .,- rll ~ HS .-.---.-.-,.,........ ..--.-.------.--.--....--------.--. ~ t· p I fiijl ~ iiiJ1l ..-. --.- f:'· ~r I-I ¡as ... rial ..I Þ r .... 1- .Ir. ¡¡ ~ií)1 ¡. ~~! ,. ~JI~: ~ :'rI"""~;~' ~.. ~-',t ..... "\ !t .,. , "¡...-=-~,, J ~ 8 i i ~ . .f ~i' i¡l! f.·lii 58:::.. !lmi ~.U" -!'U x 'òAK[~ o ~. i ZOfIIING MAP ~-28 r: ORIGINAl"· EXHIBIT B Zone Change Legal Description '{ 'è,Þ-KE;» c: Û' "" 0>- _ r- rn ~ r- C "- ')RIGINAl" GENERAL PLAN AMENDMENT/WNE CHANGE LEGAL DESCRIPTION The west 100 acres of the southwest quarter of Section 28, Township 30 south, Range 27 east, Mount Diablo Base Meridian, in the City of Bakersfield, County of Kern, State of California, according to the official plat of the survey of the said land, returned to the General Land Office by the Surveyor General. GP A/ZC ._ .'_M ~_ ..~_.......". ._.~_._~,,_.__~~_.._.___"~_ -;0 A.K[-s> J ~ >- - r ;'2 ~..... (:-: ORH;II'JAI EXHIBIT C Mitigation/Conditions of Approval '< ,?;"'K[", 0' '\r ." ~ - r- rn _ f"- a () ORIGINAl EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone 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. PMlO Mitigation Measures a) The criteria pollutant most affected by the proposed mitigation measures will be PM1Q. As the Project will be completed in compliance with the SJVAPCD Regulation VIII, dust control measures will be taken to ensure compliance specifically during gradin9 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 off site, 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 stabilizer/suppressants. · 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). '< 'ÒA.Kf'0' .:) (fJ "" m >, f...- ~~) l'" ORIC;INAI' - - '-- .._--"----..._... .~_._--~._-".- Exhibit C 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 ,. 'òA.K1':9 Ò' ~ >- - I- m ~ ~ " <::> ORIGINAL Exhibit C 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 and/or 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 Mitiaation 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 Bakersfie/d 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, Page 3 of 9 , 'òA.K[1' C< ú' ) "" è: ñí . ~, '.:..- c> é)RiGINAI' Exhibit C Conditions of Approval GPAlZC 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 Buildin9 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 . ~A.K[^, '< .'tr P 4 f9 0 .-(\ age 0 :> - Þ- [!: C' (:" ORIGiNAL Exhibit C 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) Mitiaation 6 Reliance & Install Signal, 1 EBT. 1 EBR. 1 WBL. 1 NBL. 1 SBL 0.19% Panama Lane 1 WBT. 1 WBR. 1 NBL, 1 SBL (0.26%) 7 "'she Road & Install Signal, 1 EBL. 2 EBT. 1 EBR. 1 EBT 0,27% Panama Lane 1 WBL. 1 WBT, 2 NBL. 1 NBT, 1 (0.4%) NBR, 1 SBL. 1 SBT 8 30sford Road & Install Signal, 1 EBL. 1 WBL, 1 NBL, 1 EBL. 1WBL 8.54% 3erkshire Road 1 SBL (8.54%) 14 30sford Road & Install Signal, 1 NBL. 1 SBL 1 NBL 3.16% raft HwySR 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 Engineers, March 2005. Notes: (%) = Caltrans Percent Share NB = Northbound L = Left,Turn Lane 58 = Southbound T = Through Lane WB = Westbound R = Right, Turn Lane ES = 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 publicly- maintained sump per 80 acres. Provide an easement for the ultimate retention basin '< 'òA.K$1' o I;' Page 5 of 9 J!2 ~ (J (,)RlliINAI - ....--~_. ..--.-.-....----.-.---- .' -~---.__...""~.".-... _._~._--~.----_._,'~--~ Exhibit C 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 'I> A. K[1' r~<' <J1 '-.J -"0 > m '" ., Cè , JRiGINAl Exhibit C Conditions of Approval GPA/ZC 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. SB - 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 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 '< <¡,AK[-)J o ~ '>- - m r- <0 JRIGiNAI Page 7 of 9 :: Exhibit C Conditions of Approval GPAlZC 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 mutual 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 . 'òM,,-s> ,{ ó' . "" in r-- <,'. <::::1 'JRIGINAI Exhibit C Conditions of Approval GPAlZC 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 '?>ÄK1;9 ~'5' --c' >- IT< t:: r- () C) ORIGINAL -. '.' ."-_..~--........_.~-., -,. .--.,-.-....... ",--" ...--..--.-.... .,.-._--_.~,...~~->---- 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 22nd day of June ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4349 passed by the Bakersfield City Council at a meeting held on the 21st day of June. 2006 and entitled: ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 123-28) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 100 ACRES GENERALLY LOCATED EAST OF GOSFORD ROAD AND NORTH OF MCCUTCHEN ROAD (ZC NO. 05-0423) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: {(J~ ~ DEPUTY C Clerk S \DOCUMENT\FORMSIAOP. ORD. wpd ,-;oM;,:/)' c' '~ >- .- r:: ,'::1 () 0'...... JF1iGJNAI'- - .."--'_.__._.~...,..__..,.