HomeMy WebLinkAboutRES NO 219-06
RESOLUTION NO.
"219-06
RESOLUTION MAKING FINDINGS, APPROVING THE APPEAL AND
APPROVING THE GENERAL PLAN AMENDMENT NO. 05-0940, AN
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN FROM R-IA TO LR
ON 52.29 ACRES, GENERALLY LOCATED ON THE WEST SIDE OF
COTTONWOOD ROAD, NORTH OF EAST PANAMA LANE.
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on Monday, March 13,
2006, and on Thursday, March 16, 2006 on General Plan Amendment No, 05-0940, notice of time and
place for a public hearing having been given at least twenty (20) calendar days before said hearing by
publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No. 05-0940, an amendment to the Land Use Element
of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-0940:
Mcintosh & Associates, representing Patty Smale, Janice Sheldon, William Sheldon, and Barbara
Sheldon, the property owners, has applied for a general plan amendment from R-IA to LR on 52,29
acres, located west of Cottonwood Road, between East Panama Lane and Pacheco Road.
WHEREAS, an Initial Study was conducted for General Plan Amendment No, 05-0940 and it
was determined that the proposed project would not have a significant effect on the environment;
therefore, a Negative Declaration is appropriate; and
WHEREAS, by Resolution No, 62-06 on March 16, 2006, the Planning Commission
recommended denial of General Plan Amendment No. 05-0940 subject as shown on Exhibit "A-2" and
this Council has fully considered the findings made by the Planning Commission as set forth in that
Resolution and as restated herein; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section
65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, May 24,2006,
on General Plan Amendment No. 05-0940, notice of time and place of the hearing having been given at
least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, after considering the comments of staff, the applicant, and those who wished to
speak, the Council of the City of Bakersfield voted to continue the proposal to the next general plan
amendment cycle meeting to permit issues to be resolved; and
WHEREAS, on WEDENSDA Y, August 16, 2006, the Council of the City of Bakersfield again
evaluated the proposal and subsequent, relevant information; and
WHEREAS, the laws and regulations relating to the preparation and adoption of Negative
Declarations as set forth in CEOA, the State CEQA Guidelines, and the City of Bakersfield CEOA
Implementation Procedures have been duly followed by city staff and the Planning Commission; and
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WHEREAS, Policy C.14 of the Conservation Element of the Metropolitan Bakersfield General
Plan requires the decision making body to evaluate ten factors to determine the appropriateness of the
agricultural conversion proposals; and
WHEREAS, the Planning Commission has evaluated the ten factors provided under Policy C.14
of the Conservation Element of the Metropolitan Bakersfield General Plan and finds the following:
1 ) Soil Qualitv
Approval and implementation of the land use change will result in a loss of approximately 52.29
acres of Kimberlina fine sandy loam soil. Kimberlina fine sandy loam soil is in capability Class I (17)
irrigated and capability Subclass Vllc non-irrigated. The amount of prime irrigated farmland that
would be lost with the approval and implementation of the land use change is considered
insignificant.
In addition, it is assumed that future development in the City will continue to include prime
agricultural soils that exist on the Valley floor. The General Plan states that con\ersion of prime
agricultural lands to urban uses will result in a reduction of the regional agricultural economy and is
considered to be a significant adverse impact. A statement of overriding considerations for this
impact was adopted by the City when the General Plan was certified.
2) Availabilitv of irriaation water
The subject property has no water wells on the property. Upon approval and implementation of the
land use change and subsequent development of the subject property, water will be supplied by the
City of Bakersfield.
3) Proximity to non-aaricultural uses
4) Proximity to intensive oarcelization
The subject property is in close proximity to non-agricultural uses. The subject property is
significantly and unavoidably affected by the close proximity of urbanized areas and Fairview
Elementary School. Farming practices are restricted as to the manner of application and type of
chemicals, pesticides, and herbicides that can be utilized in the vicinity of these urbanized areas.
The subject property, as well as others in the area, is the next logical step for urbanization in this
area due to existing and pending development surrounding the property and the significant impacts
to the crop production.
5) Effect on orooerties subiect to Williamson Act land use contracts
According to consultation with the Kern County Planning Department. the subject property is not
under a Williamson Act Land Use Contract or adjacent to lands under a Williamson Act Land Use
Contract or within Agricultural Preserve. In addition, the subject property area is already affected
by the close proximity of urbanized areas.
6) Abilitv to be orovided with urban services
The subject property is in close proximity to existing residential development within the City limits.
Upon approval and implementation of the land use change and subsequent development of the
subject property, urban services will be provided for the subject property.
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7) Abilitv to affect the aoolication of aaricultural chemicals on nearbv aaricultural orooerties
Development of this project could impact nearby growers, however the level of significance of any
impacts is considered minimal due to existing restrictions and limitations placed on the growers
because of the existing nearby residential developments and Fairview Elementary School.
In an attempt to reduce complaints and unwarranted investigations undertaken by the Kern County
Department of Agriculture, the following disclosure is suggested to be provided as part of the
transfer of properties:
"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 and
other chemicals, and dust or smoke. It has been determined that in Kern County the use of real
property for agricultural operations is a high priority and a favored use to the County and will not
be considered a nuisance for those inconveniences or discomforts arising from agricultural
operations if such operations are consistent with accepted customs, standards, and laws. "
8) Abilitv to create a orecedent-settina situation that leads to the oremature conversion of orime
aariculturallands
The subject property is already in close proximity to non-agricultural uses and residential
designated lands. The level of significance of any impacts is considered minimal due to existing
restrictions and limitations placed on the growers because of the existing nearby residential
developments, It is not anticipated that the proposed conversion of the subject property will
significantly impact additional lands to conwrt to urban uses.
9) Demonstrated oroiect need
The Metropolitan Bakersfield General Plan states that conversion of prime agricultural lands to
urban uses will result in a reduction of the regional agricultural economy and is considered to be a
significant adverse impact. A statement of overriding considerations for this impact was adopted by
the City when the General Plan was certified. The Metropolitan Bakersfield General Plan currently
designates the subject property as R-IA (Intensive Agricultural Minimum 20 Acres Parcel Size).
According to the Kern County Zoning Map 124-20, the zoning for the property is A (Exclusive
Agricultural). As defined by the California Land Conservation Act, this project would convert 52.29
acres of prime farmland. The proposed amendment to the General Plan would convert the
intended use of the subject property from agriculture to urbanized and developed conditions.
The proposal is a logical expansion of residential development in the southwest portion of the City
of Bakersfield. The project site is in close proximity to existing and future residential uses. The
Bakersfield Metropolitan General Plan encourages the orderly outward expansion of new urban
development that maintains continuity of existing development and allows incremental expansion of
infrastructure and public services. The proposal complies with the General Plan's criteria.
10) Necessitvof buffers such as lower densities, setbacks. etc.
If residential developments do not include buffer zones in their design, adjacent to agricultural
fields, growers must sometimes allocate a portion of their land to the creation of a buffer zone.
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The future residential development of the subject property is not proposing the creation of a buffer
zone, However, the City of Bakersfield Zoning and Subdivision Ordinances will guarantee that
adequate buffers be provided to avoid conflict between agricultural and residential uses.
WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct.
2. The Council has considered the following findings made by the Planning Commission as
set forth in Resolution No, 62-06, adopted on March 16, 2006:
a, All required public notices have been provided,
b. The provisions of CECA have been met.
c, Based upon the Initial Study and comments received, the commission has
determined that the proposed project could not have a significant effect on the
environment.
d. The public necessity, general welfare and good planning practices did notjustity
the amendment to the Land Use Element of the Metropolitan Bakersfield General
Plan for the project as presented March 15, 2006,
e, The land use designation change from R-IA (Resource-Intensive Agriculture) to
LR (Low Density Residential) on 52,29 acres as shown on Exhibit A-2 on March
15, 2006, was not compatible with the land use designations of surrounding
properties and is not internally consistent with the Metropolitan Bakersfield
General Plan,
f, The laws and regulations relating to the preparation and adoption of Negative
Declarations as set forth in CECA, the State CECA Guidelines, and the City of
Bakersfield CECA Implementation Procedures have been duly followed by city
staff and the Planning Commission,
3, That the applicant appealed the decision of the Planning Commission.
4, The applicant was afforded additional time since the March 16, 2006 Planning
Commission meeting to resolve the environmental issues.
5. The City Council considered additional environmental and design information on May 24
and August 16, 2006 and found as follows:
a. The project has been revised and incorporates additional mitigations, as described in
Exhibit A-1, which will reduce impacts to less than significant.
b, Based on the Initial Study, supplemental studies, additional mitigation, comments
received, and project revisions, staff has determined that the revised project could
not have a significant effect on the environment.
c, A Negative Declaration was prepared for the project in accordance with CECA,
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d, The revised project, as shown on Exhibit A-5, is consistent with the surrounding land
uses.
e. The revised project, as shown on Exhibit A-5 is consistent with the Metropolitan
Bakersfield General Plan,
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
1. The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for General Plan Amendment No. 05-0940 is approved.
3. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted, but not approved.
4. The revised project, as shown in Exhibit "A-5", is compatible with the Metropolitan
Bakersfield General Plan.
5. The City Council hereby approves General Plan Amendment No. 05-0940, as shown on
the map marked Exhibit "A-2", attached hereto and incorporated as though fully set forth,
for property generally located west of Cottonwood Road, between East Panama Lane
and Pacheco Road, subject to the "Mitigation/Conditions of Approval listed in Exhibit "A-
1".
6. The General Plan Amendment No, 05-0940, approved herein, be combined with other
approved General Plan Amendment cases in this cycle described in separate
resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan.
7. That the appeal is approved.
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I HEREBY CERTIFY that the foregoing Resolution was ~q ~<t.pted by the Council of
the City of Bakersfield at a regular meeting thereof held on ~ by the following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER_
COUNCILMEMBER_
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AUG 1 6 2000
APPROVED
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY.~In-~
Exhibit A-1 - Mitigation/Conditions of Approval
A-2 - General Plan Amendment Map
A-5 - Revised Project
w1:WL S:\GPA 1st 2006\OS-Q940\Resolutions\August 2006\CC GPA Resolution-aproval.doc
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EXHIBIT A.1
Mitigations and Conditions of Approval
General Plan Amendment/Zone Change No. 05-0940
Public Works
1. Prior to approval of any development plan, improvement plan, or application for a
lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Cottonwood Road to arterial standards and
East Fairview 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.
b. This GPAlZC area is too small to support its own storm drainage sump. The City
will allow no more than one sump per 80 acres; therefore, this GPAlZC area
must be included within the drainage area of adjoining property. The developer
may participate in the development of a Planned Drainage Area and shall provide
a drainage study for the GPAlZC area, showing its proportionate share of the
necessary ultimate storm drainage facilities. This sump must be located on the
periphery of the GPAlZC area so that additional area may be served. The study
shall be approved and any required retention site and necessary easements
dedicated to the City. If a tentative subdivision map over the entire GPAlZC area
is submitted, dedication can be provided with the map.
c. 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.
2.
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.
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 GPA area. For orderly development.
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Exhibit A-1
Condition of Approval
GPAlZC 05-0940
Page 2 of 6
3. 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.
4. The Fairview Road crossing of the Central Branch Canal must be constructed.
Developer is responsible for the construction of this crossing. The developer
may aid in the formation of a Major Bridge and Thoroughfare District to obtain
reimbursement for the construction of the crossing. For orderly development.
Citv Attornev Conditions
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.
Air Qualitv Mitiaations
6. 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 URBEMIS 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 issuance
of any building permit that they will/have met the following air quality
mitigation measures:
a. Although the proposed project will result in emissions that are considered to be
"less than significant" levels for ROG and NOx, the following mitigation measures
were identified and utilized to further reduce project emissions based on project
design, standard construction practices and current regulations:
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Exhibit A-1
Condition of Approval
GPAlZC 05-0940
Page 3 of 6
PM10 Mitigation Measures
A. The project will maintain compliance with all SJVAPCD Regulation VIII
requirements:
. Water all unpaved or haul road surfaces as needed.
. Limit speed on all unpaved roads to 15 mph.
. Water any exposed ground surfaces as needed.
· Stabilize all disturbed areas including inactive storage piles on an
as needed basis.
. Maintain at least a 6 inch freeboard space during transport of
materials and/or cover and wet to limit dust emissions.
. Remove mud or dirt accumulations on public roadways at the end
of the day or immediately when track out exceeds 50 or more feet.
. Cease grading activities during periods of high winds where
entrainment of dust will exceed the SJV APCD 20 percent opacity
requirement.
Measures to Reduce Construction Equipment Exhaust
B. Construction equipment mitigation measures:
. Limit idling to no more than 20 minutes at a time.
. All construction equipmentshall be maintained to
manufacturers' specifications.
. Where possible electric equipment shall be used in lieu of diesel
or gas powered equipment.
· Encourage employees at the construction sites to carpool to and
from work as well as during established lunch hours.
Design Features Mitigation Measures
C. The mitigation measures included here are based upon those available in
the URBEMIS 2002 emissions modeling program. These measures
provide emission reductions for the proposed project's long term
emissions (reductions once the project has been completed).
. Provide adequate street lighting.
. Provide sidewalks and pedestrian signs and signalization where
appropriate.
. Pedestrian safety designs/infrastructures shall be provided at
crossings.
. When Transit becomes available to the site, signs, displays,
benches and turnouts shall be provided as needed.
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Exhibit A-1
Condition of Approval
GPA/ZC 05-0940
Page 4 of 6
Culturallmoact Mitiaation Measures
7. If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation.
8. 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.
Traffic Mitiaation Measures
9. In order to maintain acceptable Levels of Service (LOS) and mitigate the 2030
Future traffic volumes plus project generated traffic impacts to intersections and
segments, the improvements summarized below are needed to the roadway
network. It is assumed that the improvements needed to the roadway facilities
for Existing and 2030 Future traffic will be in place prior to the addition of the
project generated traffic at full build-out.
Signalization - As a general note, intersection signalization should incorporate
signal interconnect conduit in order to provide coordination along the arterial
roadways and to facilitate the use of TSM measures during peak periods. If
signalization is required due to the addition of project traffic, a mitigation measure
is noted (refer to Table 1, Executive Summary of Impacts, of the Traffic Impact
Study). However, no signalization is required due to the addition of project
generated traffic.
Intersection Improvements - The specific mitigation measures recommended for
individual intersections are detailed on Table 6, Intersection
Improvement/Mitigation/Pro-Rata Share, of the Traffic Impact Study. Intersection
improvements required for Existing and Year 2030 future traffic are noted (refer
to Table 1, Executive Summary of Impacts of the Traffic Impact Study). If
intersection improvements are required by the addition of project generated
traffic, a mitigation measure is noted (refer to Table 1, of the Traffic Impact
Study), The following intersections require improvements due to the addition of
project generated traffic: Fairview Road & Project Entrance #1 - construct
intersection, and Cottonwood Road & Project Entrance #2 - construct
intersection.
Segment Improvements - Table 9 Roadway Segment Laneage, of the Traffic
Impact Study reflects the laneage recommended for Existing, 2030 Future Traffic
and Year 2030 Future traffic plus project traffic in order to achieve LOS C as
determined by a Volume to Capacity ratio of less than 0.80. If additional lanes
are required for existing or 2030 Future Impacts of the Traffic Impact Study. If
additional lanes are required by the addition of the project traffic, a mitigation is
noted (refer to Table 1 of the Traffic Impact Study). Fairview Road west of
Exhibit A-1
Condition of Approval
GPAlZC 05-0940
Page 5 of 6
Cottonwood Road required a construction of project frontage due to the addition
of project generated traffic.
Bakersfield Municioal Airoort Comoatibilitv
10. With the recordation of final subdivision maps within the GPAlZC area, overflight
easements shall be granted to the City of Bakersfield for all residential lots.
Overflight easements shall grant all rights deemed necessary by the City of
Bakersfield to ensure that the development of said property will neither impede
airport operations nor result in flight hazards, including but not limited to the
following: to make flights and associated noise in airspace over said property; to
regulate or prohibit the release of any substance into the air which might interfere
with aircraft operation; to regulate or prohibit light emissions which might interfere
with pilot vision; and to prohibit electrical emissions which might interfere with
aircraft communications systems or aircraft navigational equipment.
For public health, safety and welfare.
11. With the recordation of final subdivision maps within the GPAlZC area, a notice
shall be recorded on the deeds of all residential lots disclosing that the properties
are in an area subject to aircraft overflights, and as a result, residents may
experience inconvenience, annoyance and discomfort arising from the noise of
such operations. The notice shall also state that State law establishes the
importance of public use airports for the protection of the public interest of the
people of the State of California and that residents of property near a public use
airport should, therefore, be prepared to accept such inconvenience, annoyance
and discomfort from normal aircraft operations.
For public health, safety and welfare.
Noise and Odor Mitiaations
(Acoustical Analysis, Sheldon Property, Kern County, California, by Brown-Buntin Associates,
Inc., April 17, 2006, and Odor Impact Analysis, 52. 29-acre residential development, APN 414-
190-05, Cottonwood Road, North of Panama Lane, Kern County, CA, by Insight Environmental
Consultants, April 2006)
12. Prior to the issuance of building permits within the GPAlZC boundary or within a
smaller area identified by the Planning Director, the owner/subdivider shall
construct a 7 -foot tall block wall on perimeter property lines. This wall shall be
extending at least 1,150 feet west of the southeast corner of the project area and
at least 650 feet north of this corner. Along the street side of the wall shall be 24
inch box trees such as Gracilior Fern Pine (Podocarpus), Sideroxyllon
(Eucaliptus), Umbellularia (California Lauel), or Eldarica Pine, spaced no farther
apart than 25-feet. The trees shall be placed within a private landscape lot at
least 7 feet wide and located between the solid wall and the poultry farm
a. Based on the conclusion in the acoustical study, staff recommends that along
Cottonwood Road, the 7-foot tall solid wall be at least 225 feet from the feed
mill and habitable structures be setback at least 25-feet from the wall.
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Exhibit A-1
Condition of Approval
GPAlZC 05-0940
Page 6 of 6
b. Prior to the recordation of any land division, or the issuance of building permits
within the project boundary, the 55 dBA measured from the feed mill shall be
plotted to scale and shown on subsequent land divisions maps and building
plans within the 55 dBA or higher contour intervals.
c. Prior to the construction of multiple story dwelling on property containing
contours in excess of 55 dBA, the subdivider shall submit a supplemental
acoustical analysis with appropriate noise mitigations for multiple story
dwellings to the Planning Director for review and approval.
To mitigate for potentially significant noise and odor impacts.
13. If the landscape lot is not accepted by a maintenance district, then prior to the
recordation of any land division or the issuance of building permits, the applicant
shall form a home owner's association to maintain the noise and odor attenuation
mitigation improvements (wall and landscaping) indefinitely. Prior to their
recordation, the C.C. & R.s shall be submitted to Planning Department and the
City Attorney for review and approval.
For orderly development.
14. No habitable structures will be permitted within either the peak odor threshold
area or the "Airport runway clear space." As shown on Exhibit A-5.
For potentially significant odor and overflight safety impacts.
15. With the recordation of final subdivision maps within the GPAlZC area, a notice
shall be recorded on the deeds of all residential lots disclosing that the properties
are in an area subject to a potential off-site source of odor, specifically the
existing poultry ranch 5110 East Panama Lane, and as a result, residents may
experience inconvenience, annoyance and discomfort arising from the odors of
such operations. The notice shall also state that residents of property near said
agricultural use should, therefore, be prepared to accept such inconvenience,
annoyance and discomfort from normal poultry ranching operations. The notice
shall be submitted to the Planning Director and the City Attorney for approval,
prior to its concurrent recordation with the aforementioned land division. Added
by the City Council on August 16, 2006
For potentially significant odor impacts.
Updated 8/22/06
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