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Home My WebLink AboutORD NO 4357 ORDINANCE NO. 4357 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 102-05 & 102-04) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO E (ESTATE RESIDENTIAL) ON 39.41 ACRES AND A TO R- 2/P.U.D. (LIMITED MULTIPLE FAMILY DWELLING ZONE/PLANNED UNIT DEVELOPMENT) ON 7.73 ACRES AND A TO R-1 (ONE FAMILY DWELLING) ON 35.87 ACRES, GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF ETCHART ROAD AND ON THE WEST SIDE OF THE BEARDSLEY CANAL. (ZC NO. 05-1451). 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 on the north and south side of Etchart Road and on the west side of the Beardsley Canal; and WHEREAS, by Resolution No. 76-06 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. 05-1451 as delineated on attached Zoning Map 102-05 & 102-04 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from A (Agriculture) to E (Estate Residential) on 39.41 acres and A to R-2/P.U.D. (Limited Multiple Family Dwelling Zone/Planned Unit Development) on 7.73 acres and A to R-1 (One Family Dwelling) on 35.87 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 and multiple family residnetial 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. 76- 06, adopted on April 6, 2006: 1. All required public notices have been given. 1 , 'X;hK¡:1' '<.. ,p o ,'---(", "> .iT¡ .. c' 'iM \,)\~\ÌÎ\¡ 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the intial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA 4. The proposed project is consistent with surrounding uses. 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 agencies decision to prepare a Negative Declaration for this project. 8. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map 102-05 & 102-04 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". I. 'Óí\,i\t:>:, '< ' c' -ri 2 > ,. ;,1 )Hí(-,¡~JÙ,: 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. 05-1451. 3 ŸJ~K",/o ~ ',!;, 0>- m " '.QIGINA¡--' 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--------- 4 ..'MF '< " -.ý ,~) ~\ " fTi " '-~ ---¡Hi{-,¡:\il\i I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Cou~cil of the City of Bakersfield at a regular meeting thereof held on JUN 2 1 ZOO by the following vote: ---- ~ NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER v~ ____ L--- --_.-- ....-- --- J-- - COUCH. CARSON. BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cler Council of the City of Bakersfield APPROVED JUN 2 1 2006 APPROVED as to form VIRGINIA GENNARO City Attorney By: 1~7)t ~ Exhibit A - Zoning Map 102-05 & 102-04 B - Zone Change Legal Description C - Mitigation/Conditions of Approval JS, S:\GPA 1st 2006\05,1451\Resolutions\CC ZC Ordinance.doc 5 -:¡"K " <, '--90 <) (!..n iTI .-- :H!ji;\JAi Exhibit A Zoning Map '-¿Me .~ 1;,0 -.. --f\ 'l1 . ::'}Fj¡{~;\Nf\¡ -.~----.,.-..,--~-.-~".~~--.~._...--~.--.- ----.- ~.¡ 0:::0 . a::' ('oj o .- ~a.. .. -c:(o. ... N :1::E1-' ... " 3C) ...Z 0-" Zo >-Où 5N»J . . ¡ i . ~! I !II" . sl í ~II~~ I i- I ¡¡ "¡ ;1 ~§ v 5 ¡dill : I I§ I. I, 15 ~ - It ;, i :: I. ~ to II: I I II!O!u-¡h'IUI! U. vI !Io~i S m;u~::~;!HnhUU I!~I .:I:U¡;! I~I§. ~~¡:iP:~!~1 ~ i I~} g I ~M;§! I! !.~.~I ~ If!ŠI c -i!.....i..:l1:Jellta'ë:a~ðs.~....i't/..;S.. .1 mb!ì¡HI ~hH!inlmm~Mí ~~. :."J I ì I .: ; . ~, .Z :): o (;;) a t. q:¡~ ~! II --to .--- .. . ... ir... .. ., . . I ¡ ,- ':lis." ;- ":It:" ú;- ":" ':":1: ......... «.pv~vK..BW..~u a..~~...1 œ ::Æ. ~:, ''Q~b ~ .' :'::7' ZONE CHANGE 05-1451 .,,,, '" c. .", "." .., . + J I i i t, "" ~ 'n ,- .... .........11 ....,.. .....& ct 1M :11.....1.5 ; ~ . f ¡ ; t . ¡ , " - ; ~ c · . i ~ · · I:! -< 0( I .. . + . . n-··' "" -. ZONING MAP I 02'O~ o . . - ) ~') HI, 'INAi ..... '~ '~ :::JI "·0 '. ,~ ~ ~, ¡I lif -d... " -J ~~, . :.. cð5~ , " !æ ati I.., i ï. I !~~i ! l'Ø- . q:. t¡& ! i~ Q~ . 9Q.. ..; ~«~ ~:::E>-, ... " ~C>'\ Z :!;-.. Zo >-0.. EN~ I! 5. . h I ...! t ~iII i!t §¡§~ I "_ " - a~ . . . § ;1 ~5 " I ¡ . If II Ii "~ : I .. ,:II!I!¡ ¡. I .~I!! .! · § ~ . 2 S i !. I¡ "21". I ~ ~. 1-¡:.fHhi il; iN ši"~! Z~ II~I;~lib¡¡¡;~li; """; .l! nHI¡:sø iIINlh'.I:&'¡'·iih!1 11-1 It~~'."~.1 I-Ii...... ÞO 11.1 '" J u ~ e .. 10 II:! t z.c . :: lo:I¡,..:~.c:=.'=...r"I"'..1I: w!'" ..~.....;¡:¡~~ ii. . ii&""i:~rPi..S"~ H~~~.~N.~~...,,;~~ t:. I!: 'iD j ,- .1101 1:=.'5.'"'1C5a~I-'=""'ã8 =1 "··~~l~'I'·"·~a...¡; · ¡H&}H~I~9~.v ~~.~I~,æ~;I;~!¡!!I¡I~~'~i~t,~u .~~~... ª. !..... ·,.,.r " , i;rr.....~ - . a.. ~..... i a - ~ tlot:t..... ,! :II .. ~ O-':"':'u:'"á8....L r~± ±:·~~~:~"~~ANGE 05-1451 I '" I.()~ 0, . a: N' o .~ I i~.~ "'I' B ... I ", -101 - H, ...., ,- '0..0. Q 0:) r- ~2 ¿ .,," . .,# .. I " w · ~ , · I : c( I , , , , / , / ./ -------- -- --- --- , I .. -- --_..._---/ · ,-- - I , -- ---- ! ,/",- ''!to.... t '>,-- "/ ..i'o'W;: , . ~ ~? ; - · r-:a.~ .. = I · ; ... ,.... . æ I ~ ; . ~ / · · -< ,.~..1),... ¡ ~(,o '" : /' ,*,,."'~ -- / -- ./ - --- - -- ! - f-- - . % I .. JÎ t ~ I i " ! .. - · < .. r--'" , I ....o,..,,~ I < I , ~ . I 10\.._ - ... MAP .. ,., ~ . t ¡ .. I i ¡ I ZOI'I1NG 102'O},Kt '-< 'è l'tP, () .-(\ >-- m r.::- r..:' '.:.: 'Hli ir~AC .- . - .~ , CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS R-1 One Family Dwelling C-O Professional and Administration Office 6,000 sq.ft. minimum lot size Neighborhood Commercial , C-1 E Estate 10,000 sq.ft. minimum lot size C-2 Regional Commercial R-S Residential Suburban C-C Commercial Center 24,000 sq.fl/dwelling unit C-B Central Business R-S·1A Residential Suburban I. 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.fl min lot size (multifamily) 2,500 sq.ft. lot area/dwelling unit OS Open Space R-3 Limited Multiple Family Dwelling HOSP Hospital Overlay 6,000 sq.fl minimum lot size 1,250 sq.fllot area/dwelling unit AD Architectural Design Overlay R-4 Limited Multiple Family Dwelling FP.p Floodplain Primary 6,000 sq.fl minimum lot size 600 sq.fllot 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 S:\Forms\zoneDistricts.doc . . >- s: y,A.Kt ~ ~J' "" m r- C (:, )RiGlNAI ~_.._.~~._--_.. .~_..__._..-_.- Exhibit B Zone Change Legal Description ",p-.K¡.' «. '1' o (~ >- - , m ~ '" ',' , <J C+1iC;INAI «~--".--- -'"~'"----''''.''~-'----'--'--''_.'-~'--'------ ~ - LEGAL DESCRIPTION General Plan AmendmentlZone Change From A to R-2 BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 5, SAID POINT OF COMMENCEMENT BEING THE CENTERLINE INTERSECTION OF ETCHART ROAD (COUNTY ROAD NO. 719) AND COFFEE ROAD (COUNTY ROAD NO. 401) AND ALSO BEING THE TRUE POINT OF BEGINNING; (1) THENCE NORTH 88°58'13" WEST, 660.00 FEET; (2) THENCE NORTH 00°49'16" EAST, 506.96 FEET; (3) THENCE SOUTH 89°34'30" EAST, 660.08 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF SAID COFFEE ROAD; (4) THENCE SOUTH 00°49'29" WEST ALONG THE CENTERLINE OF SAID COFFEE ROAD, 513.92 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 7.73 ACRES BIDART JOB NO. 05,118 <òA.KI'1> ¿~ - (j1 "" .>- m .... .' ê () JRIGiNAI L "' u'" ~~ '" '" - 0,", UN " ~gJ z (Jot '011 'a UIIIIm) mil IW03 'I · I- · :; N - I Ii 0::: : 0 t31 ~ I- · · ~ u> <:'-1 " "' -, ,"¡- ," "' U '" w UJ 0 '" '" ° r-: U N i " m Z N ~ I~I;~ ~ ........... i!:!':!!~~ ~~):I;~ 18!:!~!:! :z z: en en :!i m' ·u 0' ·0 [L . .[L >- " " oci:OC " " h_ __ ~ J: ~ i: " :' oc:¡o£ If) II II II II II II tl 11 II II II I, II I, II I¡ , " II I. II II II II II II II II " ' II /11 I: " '1 1,1 I II a: ~---------------------......./ /: j 101 /' ,,/ I' :11 /~ /r---------------------......; : 1 ¡'I/ ~ I' _" II ¡()' _ __ _ _ n __ _ _n _ ~ : :1 1,1 II H: II oI :! tll ,,_1..-''1 t,: : : un,. .'1'...,1..1.,.. II !!1 :: :II Ii :il Ii ¡ ¡ Ii: Ii ii iV':¡ ~l ~ .~ II' I, 1,1 " ' :: :01 I: II: I 1'1 J ~.::.:_==-- =--=7'==="'c-=-=n¿="'c-=<'~~~!:'" " (ee '011 1m UIIIIm) "' mIIl'lam:I '6 u ::i ~a ::i '" or-: UN --- - -- u~ w . UJ'è .,. '" 0' u'"' N wm viN I Ii I ,\,~K(1' . J- tP.... "" m' r-' () (") i OH!(1INAL i ~~ UJ > LEGAL DESCRIPTION General Plan Amendment/Zone Change From A to R-1 BEING A PORTION OF THE WEST % OF SECTION 4, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4, SAID POINT OF COMMENCEMENT BEING THE CENTERLINE INTERSECTION OF SNOW ROAD (COUNTY ROAD NO. 584) AND COFFEE ROAD (COUNTY ROAD NO. 401); THENCE NORTH 00049'29" EAST ALONG THE CENTERLINE OF SAID COFFEE ROAD, 2040.00 FEET TO THE TRUE POINT OF BEGINNING; (1) THENCE NORTH 00049'29" EAST ALONG SAID CENTERLINE COFFEE ROAD, 1119.99 FEET TO AN ANGLE POINT; (2) THENCE SOUTH 89017'39" EAST, 1059.95 FEET TO A POINT OF INTERSECTION WITH THE WEST BOUNDARY LINE OF THE LERDO CANAL; (3) THENCE SOUTH 3007'19" EAST ALONG SAID WEST BOUNDARY LINE OF THE LERDO CANAL, 1304.27 FEET TO AN ANGLE POINT; (4) THENCE NORTH 89017'39" WEST, 1730.67 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 35.87 ACRES !< <of>..kc-s> (:) ~ >- - f- m - r- o C) ORIGINAL .L I I!g::§!........ I~~~ê ~ ...... ~ ... ~I¡t¡ IzU)Cf)Z ... IIIIIIA' IlYwmu I . . oc)!ior U"': 'I' w"'" Ul 0 1,1 R a:: ~ ;,~::=:-=':::~~::~:;:-:'::~::===:;:=-:=-=-:===:::=-:::-:===F~-=-:===:::=': 8~oc:!:oc i N :11 ' ., 1') I Wm :1\ ' ~N 1'1 I :!I i iI- :I: ' := 1'1 I - :I: i I iI.. iii I :11 ' 1'\ I III ' I :.1 I 111 ' 1_ N ! ~ I ,,' III ' I': ! ... !!r------------+----- ¡!! r- ,<) i N:!i N i If'Î :!: ' . , u:::E 1': ~~ :11 . ~ IiI 0::: lor or--.- : UN ' '- ' wet> : ,N , Z : , , , , , , , .-- I ~ :: o I- :: ;:c. ,1'> ,~;- ~ 0' <,,; c; " -------- "" oj 0: '" " . OfjlO£ " " __~__l : <5- 1 ~ " " " or::O£ . " ... '.' a: U:E 101 W . :1: U1 q r: ~ " " " " " " " " " " " " " " " " " " " .-------- I " " " " " " " " " , !I .q: " " " " " " " " " " " " " " . II 3:0'1 I: .N O£!¡orUl " ~_ JI -~ -jl " " OClpr '" or-: UN ,'- w'" uiN ili ¡Ii Ii ~I - u~ w . </)0 .'" '" or-: UN U o 0.: \-)AJ t'":..' I "~ '» . ,> ,1' >- "" , ~ m ¡ _ r-- C . t> I ORIGiNAL . . lEGAL DESCRIPTION General Plan AmendmentlZone Change From A to E BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF AND MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 5, SAID POINT OF COMMENCEMENT BEING THE CENTERLINE INTERSECTION OF COFFEE ROAD (COUNTY ROAD NO.401) AND ETCHART ROAD (COUNTY ROAD NO.719); THENCE NORTH 88°58'13" WEST ALONG SAID ETCHART ROAD, 660.00 FEET TO THE TRUE POINT OF BEGINNING; (1) THENCE NORTH 88°58'13" WEST ALONG THE CENTERLINE OF SAID ETCHART ROAD, 1320.11 FEET; (2) THENCE NORTH 00· 48'43" EAST, 1298.51 FEET; (3) THENCE SOUTH 89·06'51" EAST, 1320.30 FEET; (4) THENCE SOUTH 00·49'16" WEST, 1301.83 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF ETCHART ROAD SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING. CONTAINS: 39.41 ACRES BIDART JOB NO, 05,118 'ÇOM[1 ,~ UO ~ ." "- - rn ~ ,-, ("} ·~)R'f;iNA1· I , , i I (fl N' "'''' NO ."0 ;0 '" '(fl 0['1 ",0 .\ ~ ~ CAWIIAT JIIIØ (CIIO\ft'IID. l1li. II) : L_E_=--===- ______~ H: 11'"___________'--=-...==___ "'" 1'1 Joii:JO ~ -~ ¡_:o-__"'=~==_:::__=_:,.::=.;==::==-_":_==_.=~~=.=:~ I \'1 ~ t,l ¡II 1 III ~I'¡ ¡ ¡ii .'1 I 1'1 ¡II I 111 _ 10 : :'1 I... i:i i JO¡iiJO .'1 : I,: I "I III .. I',: I :,1 1:11 I : III . :,1 I 1,1 '"'. :1: 1 a: o 1'1 I 1'1 ~ ¡I! t CIWJIjJ IOID : ¡I: æ. I!: ! :1: 'II : 11: !( . n nn .,;1ii ;~:: II 1'1 ,I :: I¡ {.>.L ~. I': ,1/ h :I, II I': ~ :: II Ij I.: I. 11' :: ~"l.... 1,1 II :I: 1: I': I, II I: 1'1 1: 0' 1"-": :, ~ I,: II u I. U1 ~:30 0 :: II ¡: ~ :: JO::30 II )1 (J) II II ..... II II ;._:.:.~__ J' :: :1 :s I " " 3O::JO " " y' N~ "'~ NO ,"0 ;0 "'. O(fl , ['1 "'0 , comB lOAD (COUJm' D. 110. 401) !õ:{;;!:õ U>U>U>ZI ~~8! ~~~~ -"'-~ ...- . . . ..1""1,., ~ . ~jjii~ !::!!!:::~~ i -) N Z '" ::< ...... N ," 0' 0 '" ;U 0 (fl '" ['1 () !" II II ... _I =: - , z tí5P, ...... N() "0 . ;0 '" ~~ ~0 !" .;¡; W W -I o w rri w W « 'òAk[1> () ú' ;,., "" m ,... !GINAl Exhibit C Mitigation/Conditions of Approval ,?>AIí[1' c.~ 0.;, >- - m r- ,~ t-:> 1RIt;¡NAI EXHIBIT C Conditions of Approval General Plan Amendment/Zone Change/Annexation No. 05-1451 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 followin9 mitigation measures shall be utilized during the construction phase of the project to reduce construction exhaust emissions: · To encourage pedestrian traffic, prior to the completion of the construction phase, the developer shall install sidewalks throughout the project. · 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 oftime to reduce emissions associated with idling engines. · Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites, · Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. · Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak,hour of vehicular traffic on adjacent roadways. 2. Construction ofthe project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM1 0 Prohibitions of the San Joaquin Valley Air Pollution Control District. The following miti9ation measures, in addition to those required under Regulation VIII can reduce fugitive dust emissions associated with these projects: · All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. · All 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 and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking, Page 1 0'4 \lMz' ( '1' c 0::, ~ f!i z: ¡'... ml(.}¡NN Exhibit A-1 GPAlZC 05-1451 Conditions of Approval · 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 limit the visible dust emissions. Use of blower devices is expressly forbidden). · Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. · 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 constructions site. · Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. 3. The following mitigation measures can be utilized during the operations phase of the project to reduce emissions: · Homes shall be designed to exclude fireplaces. · To encourage pedestrian traffic, prior to the completion of the construction phase, the developer shall install sidewalks throughout the project. Cultural Impact MitiQation Measures 4. 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. 5, 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. Page 20r6 " ¡;."KI:" o _/? <5' '" m ¡-. <> ;H\:,\NAL Exhibit A,1 GPAlZC 05-1451 Conditions of Approval T ransportationfT raffic 6. Prior to the issuance of any building permit, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. Mitigation for significant traffic impacts. 7. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor include with normal development improvements) as indicated in Table 7 of the traffic study (Ruettgers & Schuler, September 2005). An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. The recommended mitigations can be found in Table 1 and Table 2: TABLE 1 FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION Calloway Drive & Etchar! Road Coffee Road & Etchar! Road I nstall Signal - 2 EBL, 2 EBT, 1 EBR, 2 WBL, 2 WBT. 2 NBT, 1 NBT, 1 NBR. 2 SBL. 1 SBR Install Signal - 2 EBL. 2 EBT. 2 EBR, 2 WBL. 2 WBT, 2 NBL, 2 NBR, 2 SBL Install Signal - 1 EBL, 1 NBL. 1 SBL Install Signal - 1 EBL. 1 WBL, 1 NBL, 1 SBL, 1 SBT Install Signal - 1 EBL, 1 WBL, 1 SBL Install Signal - 1 EBL. 1 WBL. 1 NBL. 1 SBL Install Signal - 1 EBL, 1 WBL. 1 NBL. 1 NBT, 1 SBL, 1 SBL, 1 SBT 2 SBL. 1 SBR 1.49% Calloway Drive & 7'" Standard Road Coffee Road & 7'" Standard Road 2 SBL 2.41% 1 EBL 4.84% Install Signal- 23,17% 1 EBL. 1 WBL 1 SBL 9.9% 1 SBL 4.67% 1 EBL. 1 WBL. 6,36% 1 NBL, 1 NBT Patten Way & Snow Road Fruitvale Avenue & Snow Road Coffee Road & Norris Road Notes: , Current interchange and grade separation project will construct required improvements NB=Northbound L=Left Turn Lane SB=Southbound T=Through Lane WB=Westbound R=Right Turn Lane EB=Eastbound TABLE 2 FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION M",o "f)') " m ,- ~ - Page 3 0(6 -, ("'-; /' '-., nRICìíNA! Exhibit A-1 GPAlZC 05,1451 Conditions of Approval 7 Standard Road: Verdu 0 Lane to Coffee Road t Current interchange and grade separation project will construct required improvements 2 Additional lanes can be provided through stri in Add 4 Lanes Add 2 Lanes 1.45% City Attorney 8 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) a9ainst 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. ADDITIONAL CONDITIONS OF APPROVAL: Public Works Conditions: 9. 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 Coffee Road to arterial standards and Etchart Road to collector standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. 2, Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. The drainage studied shall include: for the parcel within the in the GPAlZC area east of Coffee Road, the ±10 acre parcel to the north and the ±35 acre parcel to the south and a method to convey drainage to the sump. City will allow no more than one sump per 80 acres for this area. For the parcels within the in the GPAlZC area in the NW corner of Coffee Road & Etchart Road, the ±20 acre parcel on the east of the 40 acre E parcel and the ±12 acre parcel to the nort~lI.f\ 10' the 8 acre R,2/PUD parcel and a method to convey drainage to the sump. City will allow no#ore "~f' "" .">- -- Page 4 0'6 Exhibit A,1 GPA/ZC 05,1451 Conditions of Approval than one sump per 80 acres for this area. The study shall be approved and any required retention site and necessary easements dedicated to the City. 3. The GPA/ZC area is within the service area of the North of River Sanitary District NO.1. Sewer service in this area must conform to the NORSD's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right-of-way shall require an Open Street Permit and be as per the City of Bakersfield's adopted standards. 4, 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. For orderly development. 10. 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 adjustmentfor any portion of this GPA area. It is required thatthe developer join the North of the River Park Maintenance District. For orderly development. 11. 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 ifthe 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. 12. Payment of median fees for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. For orderly development. 13. The Coffee Road and Snow Road crossings of the lerdo Canal need widening. Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings. For orderly development. 14. 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 Tables 7 and 8 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. Calloway Dr & Seventh Standard Rd, Add 2 SBl, 1 SBR, 1.49% share 2. Coffee Rd & Seventh Standard Rd, Add 2 SBL, 2.41% share 3. Calloway Dr & Etchart Rd, Add 1 EBL, 4.84% share 4. Coffee Rd & Etchart Rd, Install signal, add 1 EBl, 1 WBl, 23.17 % share Page 5 0'6 " '01\ '\(1) o <!;-. >- - "' if!! '-" ,..0 l)í--/i(!f'Jl.i,j Exhibit A,1 GPAlZC 05-1451 Conditions of Approval 5. Patton Wy & Snow Rd, Add 1 SBl, 9.9% share 6. Fruitvale Ave & Snow Rd, Add 1 SBl, 4.67% share 7. Coffee Rd & Norris Rd, Add 1 EBl, 1 WBl, 1 NBl, 1 NBT, 6.36% share 8. Seventh Standard Rd, Verdugo In to Coffee Rd, Add 2 lanes, 1.45% 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 1Striping only For orderly development. 15. ReQional TransDortation ImDact Fee Pay the standard residential fees, as adopted at time of development. For orderly development. North of the River Condition: 16. A minimum 10-acre park site shall be located near the intersection of Coffee Road and Etchart Road. 17. With the first development on the east side of Coffee Road within the GPAlZC area, construct the east half of Coffee Road for he full frontage of the GPAlZC area, including curb, gutter, paving, and deceleration lanes (if required). If the first development does not encompass the full frontage of Coffee Road, then sidewalk and street lights for the undeveloped portion may be deferred until future development. With the first development on the west side of Coffee Road within the GPAlZC area, construct the west half of Coffee Road for the full frontage ofthe GPAlZC area, including curb, gutter, sidewalk, paving, street lights, and deceleration lanes (if required). Fororderlydevelopment. JS:jm S:\GPA 1st 2006\05,1451\Staff Reports\Exhibit A,1.doc I. <úf\k'£1> , u" (ì ...;, > m Page 60f6 () 1")ç.¡iGiNAI . _....,.....__........._ ... _._.__. .____.~.« _ .._. .,,~..".,_,_. _._.. _"~_,·__,___·__w 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. 4357 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 102-05 & 102-04) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO E (ESTATE RESIDENTIAL) ON 39.41 ACRES AND A TO R-2/ P.U.D. (LIMITED MULTIPLE FAMILY DWELLING ZONE/PLANNED UNIT DEVELOPMENT) ON 7.73 ACRES AND A TO R-1 (ONE FAMILY DWELLING) ON 35.87 ACRES, GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF ETCHART ROAD AND ON THE WEST SIDE OF THE BEARDSLEY CANAL (ZC NO. 05-1451) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Ba!ersfield BY:~~:t. , ¥= DEPU Cit Clerk S:\DOCUMENnFORMSIAOP. ORD .wpd ç"iJ.,K,C"" « ....~y ~ -" q' "-' -(\ .~ IT! ,- ç:, ,'-- '..i ," , OHiGiNM