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Home My WebLink AboutORD NO 4358 ORDINANCE NO. 4358 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 102-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE ZONE) TO R-1 (ONE-FAMILY DWELLING ZONE) ON APPROXIMATELY 51 ACRES, GENERALLY LOCATED BETWEEN CALLOWAY DRIVE AND EL TORO VIEJO ROAD, IMMEDIATELY NORTH OF THE BURLINGTON NORTHERN SANTA FE (BNSF) RAILWAY (ZC NO. 05-1448). 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 to be annexed into the City of Bakersfield generally located between Calloway Drive and EI Toro Viejo Road, immediately north of the Burlington Northern Santa Fe (BNSF) Railway; and WHEREAS, by Resolution No. 83-06 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. 05-1448 as delineated on attached Zoning Map 102-29 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 R-1 (One Family Dwelling Zone) on approximately 51 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 13, 2006, in accordance with CEQA: and WHEREAS, the general plan designation for this area allows for low density 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. 83-06, 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. 4. The proposed project is consistent with the surrounding land uses. 5. The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. 1 'òM¡::,." '2"'- ú' "" >- - rn r- c: -''i¡(iINAI - 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) 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 to be annexed into the City of Bakersfield, the boundaries of which property are shown on Zoning Map 102-29 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. 05-1448. 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--------- 2 -;oA.K[-9 ¿C ú' , "" >- m ::. t- o co ORIGINAl _. _.____._ ,..~^.,...~>O._'_____..__..___._,...,~"_____, 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: á N~. ABSTAIN. ABSENT __' v~ --- ~ l____ V ~ COUNCILMEMBER COUCH. CARSON. BENHAM. MAGGARD, HANSON. SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED JUN 2 1 2006 APPROVED as to form VIRGINIA GENNARO City Attorney By: ~ ÎJh 4Iwfr Exhibit A - Zoning Map 102-29 B - Zone Change Legal Description C - Mitigation/Conditions of Approval PH, S.IGPA 1st 2006105,14481Resolutions1CC ZC Ordinance,doc ~ . rí\.{/A PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio C rk of the Council of the City of Bakersfield 3 X 'òM,,-s> Q ~, >- - IT'j -~ .~ ;;: ("~ ")Ri(;!NÞ.I' Exhibit A Zoning Map 102-29 ",Mf-s> C~ d' , .-r1 " <To r· , ')RI\iii~P,1 .. I . j ------, I r---I .. I I , I , I -I----..... I N, ..-, , o I I I 1- __ 0'>.. C\I.. N I ' C\lO: o 9Q..", ~<[R: ~~.... '" '" ~C) Z I5Z~ "0' '::N~ " <f) ~ ¡ , ~ J~ . ~ , .. , 'ã.. :.g~ sB. o I '~~ Cí l . <0' , ~ I: J: + I I ; . . , I I , ~, u, ".. , , I N I ~ I Ii: 1 ¡ , , , , , , 1 , ______..... _ _ _ ____ ______J. _ __ _ ____ , : 8- -~---------------------- , , , I , ¡ , ¡ , I , I " , , , , 1 1 ====Cr======================' , " 1 ,¡, I I , -;:'l ' - -__J . L__ I , , , 1 , , '--------- ------ , , , .. , * , ______________ ______J ~ ~ ! ~- I . . ¡ - ii'I'" ~ t §§ :§ . : Hill~ : ~ " ·¡t·tl~¡~ ~ i ;1 .;- ~ j e ~. !. ~ I. W I . i ~h·_¡¡_I--·~. ~r2 .- 25 12 e 2~£¡£;fi~b¡3!!!p i2~ ~fi liP;; IU~I!~~:~:~:,h~.!m dl u§U- ~I-'--' i¡¡I.H!~·!tjt~i!i!~IP I:t·_.="fhl~ ~ õ! !i§! ~ ~~: ~s~o 1:!~6~'Z A,' ~~ ~~¡!:~I~! ¡ ~ei ~Si~~¡J~~~~i~~¡~~:~i B~~aJI~=~~ii~;~~ ~..I"..-..¡¡I<;".·.li5~,ið.~·.,.~}a.õ.11.':1 . . J II! :!i~:;:J.:::It':: IS... .... .. Ii; J " ".. 11...... 'f :II :¡ ....... .. ~ .- ... ~i-.. io:i:è" ð 0 ... 0... ! f ~':' ... .. :0:11:.:-. ':'..;", .. .. "".......- " Or ...................:1.:11$............ ................1 ZONE CHANGE 05-1448 N·DI .." ... ~ ';~~.....:." i .. :i ____~«L.______ .. :it ... ci: ~ cC it r----ï I if I. : . ¡ I'!I ! "ill ¡ I I l I I ,,¡ ,;, .. :it ... ...cn'IÐ .-MII *tit ..,. !.¡ . . I~ . I' , ' :~~. . ' r;e ¡,. I "I' !r; . ~:i . i i Iii "Ji I id. '~IIII I rii ~IE i .. - i~ ÿilu ' I .~ I b".. ~ ...._..~. !re . :!:L I . , '~ h¡ ".. I'" . .lj .,~ ¡~"I.... ~. ·'if. ~ II!!] hi lislr .~ + ò'! ¡.- .p ~ ~ i « d;1 ¡ I ¡ i! do I~II ¡.UU im øm :U~I ¡ € 7 u '< 1',-1("-9 I, ~\ ZONING MAP 102 -29 >-, i m i 0 -¡Rljì¡i\l!\, " Exhibit B Zone Change Legal Description '< ,?>Þ-.K[1' Q ~ .>. ñï r-- .~; t:'; ORIGINAl From A to R-1: ZONE CHANGE NO. 05-1448 LOTS 9, 10, 11 AND 12 OF SALES MAP OF LANDS OF J.B. HAGGIN PER MAP FILED AUGUST 21;),1890 AND PER CERTIFICATE OF COMPLIANCE RECORDED JUNE 1, 1988 IN BOOK 6128 AT PAGE 2176 OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA; EXCEPTING THEREFROM: THAT PORTION OF SAID LOTS 9 AND 10 CONVEYED TO 'FRUITVALE ELEMENTARY SCHOOL DISTRICT BY DEED RECORDED JUNE 20, 1955 IN BOOK 2443 AT PAGE 504 OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO EXCEPTING THEREFROM: THAT PORTION OF LOTS 9 AND 10 AS CONVEYED TO NORTH BAKERSFIELD RECREATION AND PARK DISTRICT BY DEED RECORDED AUGUST 5, 1977 IN BOOK 5046 AT PAGE 288 OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER. THE ABOVE DESCRIBED LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29 AND THE EAST LINE OF THE WEST 30.00 FEET OF SAID NORTHWEST QUARTER; ALSO SAID POINT BEING ON THE CENTERLINE OF LANGLEY ROAD; THENCE NORTH 00°51'15" EAST ALONG SAID WEST LINE, A DISTANCE OF 135.00 FEET TO A POINT ON THE NORTH LINE OF THE BURLINGTON NORTHERN AND SANTA FE RAILROAD RIGHT,OF,WAY AND THE POINT OF BEGINNING; THENCE (1) CONTINUING NORTH 00°51'15" EAST ALONG SAID WEST LINE, A DISTANCE OF 350.97 FEET TO THE SOUTHWEST CORNER OF THAT SAID PARCEL OF LAND CONVEYED TO NORTH BAKERSFIELD RECREATION AND PARK DISTRICT; THENCE ALONG THE SOUTH AND EAST BOUNDARY LINES OF SAID NORTH BAKERSFIELD RECREATION AND PARK DISTRICT PARCEL THE FOLLOWING TWO COURSES; SOUTH 89°08'21" EAST, A DISTANCE OF 1039.47 FEET; NORTH 00°51'15" EAST, A DISTANCE OF 836.84 FEET TO A POINT ON THE NORTH LINE OF LOT 10 OF SAID SALES MAP OF LANDS OF J.B. HAGGIN; SOUTH 89°08'21" EAST ALONG THE NORTH LINES OF SAID LOTS 10, 11, AND 12, A DISTANCE OF 1574.76 FEET TO THE NORTHEAST CORNER OF SAID LOT 12. SAID POINT ALSO BEING ON THE CENTERLINE OF EL TORO VIEJO ROAD; SOUTH 00°50'30" WEST ALONG THE EAST LINE OF SAID LOT 12 AND SAID CENTERLINE, A DISTANCE OF 1187.71 FEET TO A POINT ON THE NORTH RIGHT, OF,WAY LINE OF THE BURLINGTON NORTHERN AND SANTA FE RAILROAD; NORTH 89°08'29" WEST ALONG SAID RAILROAD RIGHT,OF,WAY LINE, A DISTANCE OF 2614.48 FEET TO THE POINT OF BEGINNING. CONTAINS 51.31 ACRES MORE OR LESS. THENCE (2) THENCE (3) THENCE (4) THENCE (5) THENCE (6) x "A.K('-9 o tP ,.-, .'>-" - m ,- ,_:: c· (H:W~¡[\JAI ------ (L9t£ 'ON 'Oè:l 'O~) OVOè:l Or311\ Oè:lOl 13 1 -------- --:---T----¡ I' I I I I ~ I N I I") I ¡¡: I ¡¡:, ....J I ~ I ~ I ~ , « I i1: I ~ I 0.. I I 0.. I I ~ I ';I I L- þ~ _ _ ::11'11 , ..:. : I .¡- I w I ¡¡: ,~ I ~ I ~ I i1: I p I I OJ I I ~ I I I , --(-- I I I : I ~ : ~ ~---ì I- : I I ~ oI- I I ---! ¡¡:~ _ _ -L _ _ I - ~ ~ - I - ~~ W I- ~o.. I ~ ~ I ~~ 8 ~ ~ ....J ~ô I ~; I ~ ~ I ~ gs~ !!Ii Z - ~ 51 => Ü Zw I ~ ; I e:UJ I ~ U a:: . U') 0 I I _ _ _ _ _1.._ a/6l'-6l' ~~1l:J35 ..:~ 3NI2. 153M _ -- -=+---~ ¡- -=-=-¡ ¡--- .~L·L8~~ M "m:,o<;.OO S b '" I I I ~ lø ~ I~(f) ~ ·ZW -------°00::: ZNü W......« ø 0::: ...... ÎXJ Z t0~ « 0 .::,: I I- Lõ~ ü« W -------Z o N '0" ";"""I ";"""I ";"""I ;178'9£8 3,,<;~, ~<;.OON ¡.... .,¡- OJ I") o ~ -- w ~ N ro o . OJ ro (f) 3,,<;~. ~<;.OON L6'0<;£ I a/6e-6e ':)3S "èlO:) V / ~ 1S3M , I' , L____ -- ~ ·l ,-;:-- :! I ~ w <~ 10'" 'lex: d I~z I~ . øc ,zex: 1:5 d leJo (I) '+/::::.. - 1- ~{ I") I , ~ " ¡¡: Iii... I !: I ~ ¡¡¡'II, , c 'I i1:::II1f I <I'I---¢.-.J ~ I', ~ I N I ::J , ...J I < I, ~ I ¡¡: I I ex: II ~ I ~ I eJ II 0.. I i1:, L::- - 1. -:i ( 1SHUmMZl3 I I I , : I , I I /ifL133è:11S...J"èlV- rr-T--r- ~I I I ," I :! II ~ I N'J'~ : 8 "=1';{ I - II '11,'. , I "g I I 'll I I 12:: -.1.- - :-i.. -_ A.K . OJ N ro p OJ ro z "". i~ ,., ~ ::1111 ..:. ,- I I ~ " '". ,,;,',_:J. Exhibit C Mitigation/Conditions of Approval '" , \òÞ-K{.1> ()- ú' -<,. m ,. L! () ORIGINAL 'c_ EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-1448 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Qualitv 1. Although the proposed project will result in emissions that are considered to be "less than significant" levels for ROG and NOx, mitigation measures were identified to further reduce project emissions based on project design, standard construction practices and current regulations. The applicant/developer of the project site shall submit documentation to the Planning Department prior to issuance of any building permit that they will/have met the following air quality mitigation measures: Construction Equipment Exhaust A. The following mitigation measures can 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 site. · Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. · Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. Fugitive Dust Emissions B, Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution Control District. The following mitigation measures, in addition to those required under Regulation VIII can reduce fugitive dust emissions associated with the project: · 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. \\~K r '< . c,;, o (J' -,-. >- ~~ - ,-, r-r1 - ':)RjGiNA¡' Exhibit C GPA/ZC No. 05-1448 Conditions of Approval · 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. · When materials are transported offsite, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. · All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) · 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 construction site. · Implementation of carryouUtrackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVAPCD Regulation VIII. Operations C. To encourage pedestrian traffic, prior to the completion of the construction phase, the developer shall install sidewalks throughout the project. Mitigation for potentially significant air quality impacts. Page 2 of 7 ( 'òAK¡:-s> ,,< ú' , '" Exhibit C GPA/ZC No. 05-1448 Conditions of Approval Cultural Resources: 2. If cultural resources are encountered during construction, a qualified archaeologist shall be retained by the developer to evaluate the significance of the resources and to formulate a mitigation program if necessary. The archaeologist shall coordinate with the City of Bakersfield Planning Department. 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. Hazards and Hazardous Materials 4. With the submittal of any tentative subdivision map application for areas containing oilfield equipment and facilities, the applicant shall submit a site assessment containing the findings of soils sampling conducted to determine the presence or absence of hazardous materials to the satisfaction of the Bakersfield Fire Department (Prevention Services Division). In the event hazardous materials are present, a Remediation Plan shall be submitted together with the tentative subdivision map application to the satisfaction of the local Unified Program agency (Prevention Services Division, Bakersfield Fire Department). Mitigation for potentially significant hazards impacts. Noise 5. Tentative tract map applications for any portion of the GPA/ZC area contiguous to the railroad tracks to the immediate south shall include a sound wall along the southern boundary of the subdivision with a minimum height of 13 feet relative to the closest building pad elevations. In addition, wing walls (connected to and perpendicular to the main sound wall) along the entire north-south property lines of the southeasternmost and southwesternmost lots within the GPA/ZC area, no less than four feet lower in height than the main wall height, shall be included in the applicable tentative tract map application(s). The sound wall (including wing walls) shall be continuous without any gaps or openings and shall be constructed of a dense material such as masonry blocks or stucco on both sides of a wood/steel frame (earth berm or berm/wall combination of Page 3 of 7 '6 Ak (/\ (~ ';¿P ~, ;'TI i~'- "~qií,;ifIJAj" Exhibit C GPAlZC No. 05-1448 Conditions of Approval equivalent height may also be used). At the discretion of the City, larger and/or deeper lots may be required adjacent to the railroad tracks due to the impacts a 13-foot high wall would have on standard size R-1 lots. Mitigation for significant noise impacts. 6. Mechanical ventilation or air conditioning shall be provided for all homes so that windows and doors may remain closed for required acoustical insulation. Mitigation for significant noise impacts. 7. Acoustic baffles shall be installed on the interior side of attic vents that face, or are perpendicular to, the BNSF Railway. Mitigation for significant noise impacts. 8. Exterior doors, excluding glass doors, shall be solid-core wood or insulated steel with perimeter weather stripping and threshold seals. Mitigation for significant noise impacts. 9, If two-story homes are proposed on the first row of lots adjacent to the railroad, an acoustical analysis of building plans shall be made to ensure compliance with the City's interior noise level standard. Mitigation for significant noise impacts. Transportation and Traffic 10. 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. 11. 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 project traffic study (Ruettgers & Schuler Civil Engineers, September 2005). 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: 1. Calloway Drive & Rosedale Highway: Add 1 SBT1, 2.21 % share 2. Calloway Drive, Meacham Road to Rosedale Highway: Add 2 lanes 1, 1.94% share Notes: SBT - southbound through lane 1 Striping only Mitigation for significant traffic impacts. Page 4 of 7 y,Ak¡::Á' ,,- , " C) ~ " - or; ", c -jHì(~II'~A Exhibit C GPNZC No. 05-1448 Conditions of Approval ADDITIONAL CONDITIONS OF APPROVAL: North of the River Recreation and Park District (NOR) 12. Prior to recordation of any tract map within the GPNZC area, the subdivider, at no cost to NOR, shall reposition the existing Greenacres Park ballfield lights to decrease the foot-candles projected onto the future development to no more than 0.5 foot-candles at the residential development property line. The repositioning of the existing lights shall not decrease the light foot-candle level or uniformity presently projected on the fields. In the event the existing lighting levels or uniformity cannot be maintained, the subdivider shall pay for the cost to increase light level and uniformity to the present condition. Added by Planning Commission. 13. With recordation of final subdivision maps within the GPNZC area, the subdivider shall record a covenant on all lots of the subdivision disclosing the potential for light, glare, and noise disturbances associated with the operations of Greenacres Park; additionally, the covenant shall include property owner notice to allow NOR to upgrade the existing ballfields to 50 foot-candles infield and 30 foot-candles outfield readings on aD-foot poles. Referenced upgraded lighting shall not increase the proposed subdivision property line readings above 0.5 foot-candles. Added by Planning Commission. Public Works: 14. Along 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 EI Toro Viejo Road to collector standards and Glenn Street, Farmer Street to local 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 GPNZC area is submitted, dedication can be provided with the map. b. 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 study shall be approved and any required retention site and necessary easements dedicated to the City. 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. Page 5 of 7 ( \\~Ií(" Q' 'ú' ~ ~ m ,- ("" "J,cì¡{-:¡,V¡\:-' Exhibit C GPNZC No. 05-1448 Conditions of Approval 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. For orderly development. 15. 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 Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. It is required that the developer join the North of the River Park Maintenance District. For orderly development. 16. Payment of median fees for the arterial frontage of the property within the GPNZC request is required prior to recordation of any map or approval of any improvement plan for the GPNZC area. For orderly development. 17. Access to the project area from EI Toro Viejo Road is provided by a sub-standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be a minimum of 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. For orderly development. 18. The EI T oro Viejo Road crossing of the A T&SF Railroad is on the Bakersfield Metro Area Transportation Impact Fee, Phase 3, facilities list. The developer will assist the city with any additional dedications, slope easements, etc. that may be required. For orderly development. City Attornev: 19. 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, Page 6 of 7 , 'ô~I([-9 ò- {~~¡ rn r"· j c-,. ìHiCJr~[~1 Exhibit C GPA/ZC No. 05-1448 Conditions of Approval 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 attorney chosen by another entity or party. Page 7 of 7 'òM<:' " ,)' () I]' , >- ' ,- nHiCj¡~,jA .. ---~'---_.-. _.~~-----_.~_.,_.__._,....._.._.."_.._.__."..,--_.._-.-.--... 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. 4358 passed by the Bakersfield City Council at a meeting held on the 21 st day of June. 2006 and entitled: ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP102-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE ZONE) TO R-1 (ONE-FAMILY DWELLING ZONE) ON APPROXIMATELY 51 ACRES, GENERALLY LOCATED BETWEEN CALLOWAY DRIVE AND EL TORO VIEJO ROAD, IMMEDIATELY NORTH OF THE BURLINGTON NORTHERN SANTA FE (BNSF) RAILWAY (ZC NO. 05-1448) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ ~ L.ª :t,-,-, V DEPU City lerk S :\DOCUMENT\FORMSIAOP. ORD. wpd <{ -;o~K¡:1: o ,!;-, >-. n'; ~j ~~ OR¡(~iNAI