HomeMy WebLinkAboutORD NO 4351
ORDINANCE NO. 4 3 5 1
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONING MAP 123-32) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY
DWELLING) ON 70 ACRES AND A TO C-2 (REGIONAL
COMMERCIAL) ON 10 ACRES, GENERALLY LOCATED
AT THE NORTHWEST CORNER OF TAFT HIGHWAY AND
GOSFORD ROAD. (ZC NO. 05-1452).
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 southwest corner of East
Berkshire Road and Madison Street; and
WHEREAS, by Resolution No. 78-06 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. 05-1452 as delineated on attached
Zoning Map 123-32 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 70 acres and A to C-2 (Regional
Commercial) on 10 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 March 6, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single-family
residential development and commercial 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. 78-
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
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effect on the environment. A Negative Declaration was prepared
for the project in accordance with CEQA
4. The proposed project is consistent with surrounding uses.
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) ofthe 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 123-32
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. 05-1452.
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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
."IN 2 1 2006 by the following vote:
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NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON. BENHAM. MAGGARD. HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
Do fu.ðA /J.1YI, r A ~
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
APPROVED JUN 2 1 2006
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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Exhibit A - Zoning Map 123-32
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit A
Zoning Map 123-32
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ZONE CHANGE 05-1452
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CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS
R-1 One Family Dwelling C-O Professional and Administration Office
6,000 sq.ft. minimum lot size
C-1 Neighborhood Commercial
E Estate
10,000 sq.ft. minimum lot size C-2 Regional Commercial
R-S Residential Suburban C-C Commercial Center
24,000 sq.ft.ldwelling unit
CoB Central Business
R-S-1A Residential Suburban
1 acre minimum lot size PCD Planned Commercial Development
R-S-2.5A Residential Suburban M-1 Light Manufacturing
2~ acre minimum lot size
M-2 General Manufacturing
R-S-6A Residential Suburban
5 acre minimum lot size M-3 Heavy Industrial
R-S-10A Residential Suburban P Automobile Parking
10 acre minimum lot size
RE Recreation
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family) Ch Church Overlay
6,000 Sq.ft. min lot size (mu~ifamily)
2,500 sq. ft. lot area/dwelling unit OS Open Space
R-3 Limited Multiple Family Dwelling HOSP Hospital Overlay
6,000 sq.ft. minimum lot size
1,250 sq.ft. lot area/dwelling unit AD Architectural Design Overlay
R-4 Limited Multiple Family Dwelling FP-P Floodplain Primary
6,000 sq.ft. minimum lot size
600 sq. ft. lot area/dwelling unit FP-S Floodplain Secondary
R-H Residential HOlding AA Airport Approach
20 acre minimum lot size
DI Drilling Island
A Agriculture
6,000 sq.ft. minimum lot size PE Petroleum Extaction Combining
A-20A Agriculture SC Senior Citizen Overlay
20 acre minimum lot size
Planned Unit Development HD Hillside Development Combining
PUD
TT Travel Trailer Park
MH Mobilehome
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Exhibit B
Zone Change Legal Description
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Legal Description
General Plan AmendmentJZone Change
Contains: 80 ± Acres
From A to R-1
Contains: 70 ± Acres
The South ~ of the Southeast 11. of Section 32, Township 30 South, Range 27
East, Mount Diablo Base and Meridian, in the unincorporated area of the County
of Kern, State of California, according to the Official Plat thereof.
Excepting therefrom the Eastern 500 feet of the Southern 900 feet of the
Southeast 11. of said Section 32.
From A to C-2
Contains: 10 ± Acres
The South ~ of the Southeast 11. of Section 32, Township 30 South, Range 27
East, Mount Diablo Base and Meridian, in the unincorporated area of the County
of Kern, State of California, according to the Official Plat thereof and more
particularly described as follows:
The Eastern 500.00 feet of the Southern 900.00 feet of the Southeast 11. of said
Section 32.
GPAlZC- TaftHwy&Gosford-B,Legal
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Exhibit C
Mitigation/Conditions of Approval
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EXHIBIT C
Conditions of Approval
General Plan Amendment/Zone Change No. 05-1452
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality 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 latest
URBMMIS Model or will be implemented in conjunction with the San Joaquin Valley Air Pollution
Control District (SJVAPCD) rules. The applicant/developer of the project site shall submit
documentation to the Planning Department prior to development that they will/have met the
following air quality mitigation measures:
The following mitigation measures shall be utilized during the construction phase of the project to
reduce construction exhaust emissions:
· Properly and routinely maintain all construction equipment, as recommended by manufacturer
manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods of time to reduce emissions associated
with idling engines.
· Encourage ride sharing and use of transit transportation for construction employee commuting to the
project sites.
· Use electrical equipment for construction whenever possible in lieu of fossil fuel,fired equipment.
· Curtail construction during periods of high ambient pollutant concentrations; this may include
ceasin9 of construction activity during the peak,hour of vehicular traffic on adjacent roadways.
· All disturbed areas, including storage piles, which are not being actively uti81ized for construction
purposes, shall be effectively stabilized of dust emissions using water, chemical
stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover.
· All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust
emissions using water or chemical stabilizer/suppressant.
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition
activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by
presoaking,
· When materials are transported off site, all material shall be covered, or effectively wetted to limit
visible dust emissions, and at least six inches offreeboard 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 limitthe visible dust emissions. Use
of blower devices is expressly forbidden.)
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Exhibit A-1
GPAlZC 05-1452
Conditions of Approval
· Following the addition of materials to, or the removal of materials from, the surface of outdoor
storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient
water or chemical stabilizerlsuppressant.
· Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the
site and at the end of each workday.
· Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
· Asphalt-concrete paving shall comply with San Joaquin Valley air Pollution Control District Rule
4641 and restrict the use of cutback, slow,cure and emulsified asphalt paving materials.
· Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period).
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site.
· Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with
the requirements of the SJVAPCD Regulation VIII.
· To encourage pedestrian traffic, prior to the completion of the construction phase, the developer
shall install sidewalks throughout the project.
Cultural Impact Mitiaation Measures
2, If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation. Mitigation for potentially significant
cultural resource impacts.
3. If human remains are discovered during grading or construction activities, work would cease
pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are
identified on the site at any time, work shall stop at the location of the find and the Kern County
Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and
Section 5097.98 of the California Public Resources Code which details the appropriate actions
necessary for addressing the remains) and the local Native American community shall be notified
immediately. Mitigation for potentially significant cultural resource impacts.
Traffic Mitiaation Measures
4, In order to maintain or improve the operational Level of Service ofthe street system in the vicinity of
the project, the following intersection and roadway improvements are required by the year 2025.
The table includes the project's percent share for the cost of improvements.
Green Rd &
Panama Lane
Reliance Dr &
Panama Lane
Ashe Rd & Panama Ln
Install Signal, 1 EBL. 1 EBT. 1
WBL. 1 NBL. 1 SBL
Install Signal, 1 EBT. 1 WBL. 1
NBL. 1 SBL
Install Signal, 2 EBT. 1 WBL. 1
WBR. 2 NBL. 1 NBT. 1 SBL. 1
SBT
1 NBL. 1 SBL
1 NBL. 1 SBL
1 EBT, 1 SBL", 1 SBP
2.15%
3.14%
2.97%
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Exhibit A,1
GPAlZC 05-1452
Conditions of Approval
Reliance Dr &
McCutchen Rd
Old River Rd & McKee Rd
Gosford Rd & McKee Rd
Buena Vista Rd &
TaftH
Green Rd & Taft H
Old River Rd & Taft Hwy
Gosford Rd & Taft Hwy
Ashe Rd & Taft Hwy
Golden Gate Dr & Taft
H
. = Striping only #
Intersection is currently offset,
realign north approach to meet
south.
NB = Northbound SB
Southbound we
Westbound EB
Eastbound
L = Left turn Jane T =
Through lane R = Right
turn lane
Install Signal, 1 EBl. 1 SBR Install Signal - 1 SBR 3.69%
Install Signal, 1 EBl, 1 WBl, 1 1 EBl, 1 WBl 4.11%
NBl.1 SBl
Install Si nal -1 EBR. 1 NBl 1 EBR 29.1%
Install Signal- 1 EBT, 1 WBT, 1 1 EBT 4.16%
NBl. 1 SBl
Install Si nal- 1 EBl. 1 SBl 1 SBl 5.92%
Install Signal- 1 EBl, 1 EBT, 1 2 NBl 11.92%
WBT. 2 NBl, 2 SBl#. 1 SBT#
Install Signal- 1 EBT. 1 WBT, 1 1 NBl 20.98%
NBl. 1 SBl
Install Signal- 1 EBl. 1 WBl, 1 1 NBl 9.34%
WBR. 1 NBl, 1 SBl
Install Signal- 1 EBl, 1 SBl 1 SBl 7.35%
Mitigation for significant traffic impacts.
Citv Attornev
5. 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 preceding, falling under this
condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall
be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense
of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity
or party.
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Exhibit A,1
GPAlZC 05-1452
Conditions of Approval
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Conditions:
6. Along with submittal of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
1. Provide fully executed dedication for Gosford Road to arterial standard and Taft Highway as a
State Highway for the full frontage of the area within the GPA request. Dedications shall include
sufficient widths for expanded intersections and additional areas for landscaping as directed by
the City Engineer, Submit a current title report with the dedication documents. If a tentative
subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the
map. Dedications are to include that parcel in the northeast comer of Taft Highway and Progress
Road. 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.
2. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No
more than 1 sump may be utilized to serve this area; the sumps should be located so that they
may be available to serve both areas as they develop. The study shall be approved and any
required retention site and necessary easements dedicated to the City. The drainage study is to
include the parcel in the northeast corner of Taft Highway and Progress Road and a means to
convey drainage to the sump.
3. Sewer service must be provided to the GPAlZC area. The developer shall be responsible for
the initial extension of the sewer line to serve the property. This sewer line must necessarily be
sized to serve a much larger area that the project area. The City is willing to aid the developer in
the formation of a Planned Sewer Area andlor an Assessment District to provide a mechanism
for the reimbursement of oversizing costs to the developer.
4. In order to preserve the permeability of the sump and to prevent the introduction of sediments
from construction orfrom 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. For orderly development.
7.
a.
Improvements and access to Taft Highway are to be to Caltrans standards. Improvements
are to be constructed along the frontage of the parcel in the northeast corner of Taft
Highway and Progress Road, The Taft Highway frontage shall be constructed in no more
than two pieces. For orderly development.
b, Improvements of Taft Highway in front of the commercial property shall take place with the
first development/tract phase that has frontage on Taft Highway, within one-quarter mile of
Gosford Road. Improvement of Gosford Road in front of the commercial property shall take
place with the first developmentltract phase that has frontage on Gosford Road. Fororderly
development.
8. 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 MaintenanC~A.K¡:-s>
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Exhibit A-1
GPAlZC 05,1452
Conditions of Approval
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. For orderly development.
9. Access to the arterial streets will be limited and determined at time of division or development.
Determination of whether a right turn lane is required at the access street(s) will also be made at the
time of division or development. A full access opening will only be considered if the developer funds
and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal
synchronization study is submitted and approved, which shows progression is not adversely affected.
For orderly development.
10, Payment of median fees for the arterial frontage of the property within the GPAlZC request is required
prior to recordation of any map or approval of any improvement plan for the GPAlZC area.
11 . The Taft Highway at grade crossing of the Sunset Railroad needs widening. Developer shall pay their
proportionate share of the cost. For orderly development.
12. Local Mitiaation
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
Table 7 of the traffic study. An estimate and fee schedule should be developed by the applicant and
approved prior to recordation of a map or issuance of a building permit. The estimate shall break out
the single family and multi-family residential components in separate per unit fees. Proportionate
shares from the study as follows:
1. Green Rd & Panama Ln, Add 1 NBL, 1 SBL, 2.15% share
2. Reliance Dr & Panama Ln, Add 1 NBL, 1 SBL, 3.14% share
3. Ashe Rd & Panama Ln, Add 1 EBT, 1 SBL " 1 SBT', 2.97% share
4. Reliance Dr & McCutchen Rd, Install signal, add 1 SBR, 3.69% share
5. Old River Rd & McKee Rd, Add 1 EBL, 1 WBL, 4.11% share
6. Gosford Rd & McKee Rd, Add 1 EBR, 29.1 % share
7. Buena Vista Rd & Taft Hwy (SR 119), Add 1 EBT, 4.16% share
8, Green Rd & Taft Hwy (SR 119), Add 1 SBL, 5.92% share
9. Old River Rd & Taft Hwy (SR 119), Add 2 NBL, 11.92% share
10. Gosford Rd & Taft Hwy (SR 119), Add 1 NBL, 20.98% share
11. Ashe Rd & Taft Hwy (SR 119), Add 1 NBL, 9.34% share
12, Golden Gate Dr & Taft hwy (SR 119). Add 1 SBL, 7.35% 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
1 Striping only
For orderly development.
Reaional Transportation Impact Fee
Pay the standard residential and commercial fees, as adopted at time of development.
For orderly development.
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SIGPA 1 sl 2006105, 14521Staff ReportslExhibil A,1.doc
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 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. 4351 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 123-32) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO R-1 (ONE FAMILY DWELLING) ON 70 ACRES AND A TO
C-2 (REGIONAL COMMERCIAL) ON 10 ACRES, GENERALLY
LOCATED AT THE NORTHWEST CORNER OF TAFT HIGHWAY
AND GOSFORD ROAD (ZC NO. 05-1452)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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By:' ¿,
DEPU Cit Clerk
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