HomeMy WebLinkAboutORD NO 4374
/
ORDINANCE NO.
1874
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 103-12)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY
DWELLING) ON 79.3 ACRES, R-1-HD (ONE FAMILY
DWELLING - HILLSIDE DEVELOPMENT COMBINING ZONE)
ON 10.2 ACRES, A (AGRICULTURE) ON 30.5 ACRES, AND A-
HD (AGRICULTURE - HILLSIDE DEVELOPMENT COMBINING
ZONE) ON 10.1 ACRES TO R-1 ON 84.8 ACRES, R-1-HD ON
25.6 ACRES, AND OS (OPEN SPACE) ON 19.7 ACRES,
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
MORNING DRIVE AND PALADINO DRIVE (ZC NO. 05-1377).
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 at the northwest corner of Morning Drive and Paladino Drive; and
WHEREAS, by Resolution No. 110-06 on June 15, 2006, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change No. 05-1377 as delineated on attached Zoning Map 103-12 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 R-1 (One Family Dwelling) on 79.3
acres, R-1-HD (One Family Dwelling - Hillside Development Combining Zone) on 10.2 acres, A
(Agriculture) on 30.5 acres, and A-HD (Agriculture - Hillside Development Combining Zone) on
10.1 acres to R-1 on 84.8 acres, R-1-HD on 25.6 acres, and OS (Open Space) on 19.7 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 May
19, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for low density residential
development and open space land uses; and
WHEREAS, the City Council has considered and concurs with the following findings
made by the Planning Commission as set forth in Resolution No. 110-06, adopted on June 15,
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.
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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.
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 (CEOA) 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 CEOA 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 those
certain properties in the City of Bakersfield, the boundaries of which property are
shown on Zoning Map 103-12 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. 05-1377.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective not less than thirty (30) days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adQPt~d bt'oHf
Council of the City of Bakersfield at a regular meeting thereof held on SEP 1 3
by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio eler
Council of the City of Bakersfield
APPROVED SEP 1-3 2006
HARVE . HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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Exhibit A - Zoning Map 103-12
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit B
Zone Change Legal Description
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PARCEL 1
Rezone from A to OS
A portion of the northeast quarter of the southeast quarter of the northeast quarter of
Section 12. Township 29 South, Range 28 East, Mount Diablo Base and Meridian, County
of Kern, State of California, more particularly described as follows:
Beginning at the southeast comer of said northeast quarter of the southeast quarter of the
northeast quarter, thence from said POINT OF BEGINNING and coincident with the south
line thereof North 890 48' 24" West 194.20 feet; thence leaving said south line North 72.20
feet; thence North 900 00' 00" East 195.00 feet to a point on the east line of said northeast
quarter of the southeast quarter of the northeast quarter; thence coincident therewith
South 000 37' 49" West 72.86 feet to the Point of Beginning.
This parcel contains 0.323 acres more or less.
End of Description
PARCEL 2
Rezone from A-HD to OS
A portion of the southeast quarter of the southeast quarter of the northeast quarter of
Section 12, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, County
of Kern, State of California, more particularly described as follows:
Beginning at the east quarter comer of said Section 12, thence from said POINT OF
BEGINNING and coincident with the south line of the northeast quarter of said Section 12
North 89048' 52" West 170.72 feet; thence leaving said south line North 310 47' 01" East
95.58 feet; thence North 060 06' 53" West 146.26 feet; thence North 23043' 38" West
98.64 feet; thence North 060 54' 33" West 68.49 feet; thence North 020 23' 24" West 72.89
feet; thence North 000 00' 00" East 202.82 feet to the north line of said southeast quarter
of the southeast quarter of the northeast quarter; thence coincident therewith South 890
48' 24" East 194.20 feet to the northeast corner of said southeast quarter of the southeast
quarter of the northeast quarter; thence coincident with the east line of said southeast
quarter of the southeast quarter of the northeast quarter South 000 37' 49" West 660.55
feet to the Point of Beginning.
This parcel contains 2.538 acres more or less.
End of Description
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PARCEL NO.3
Rezone from A-HD to R-1-HD
,
That portion of the southeast quarter of the southeast quarter of the northeast quarter of
Section 12, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, County
of Kern, State of California, more particularly described as follows:
Commencing at the east quarter corner of said Section 12, thence coincident with the
south line of the northeast quarter of said Section 12 North 890 48' 52" West 170.72 feet to
the Point of Beginning, thence from said POINT OF BEGINNING and continuing
coincident with said south line North 890 48' 52" West 193.77 feet; thence leaving said
south line North 480 42' 54" West 23.79 feet; thence North 250 38' 57" West 87.27 feet;
thence North 170 13' 46" West 123.81 feet; thence North 030 30' 54" West 130.98 feet;
thence North 140 08' 48" West 78.88 feet; thence North 240 24' 35" West 111.49 feet;
thence North 320 27' 18" West 62.76 feet; thence North 150 55' 34" West 90.50 feet to a
point in the north line of said southeast quarter of the southeast quarter of the northeast
quarter; thence coincident therewith South 890 48' 24" East 401.78 feet; thence leaving
said north line South 000 00' 00" East 202.82 feet; thence South 020 23' 24" East 72.89
feet; thence South 06054' 33" East 68.49 feet; thence South 23043' 38" East 98.64 feet;
thence South 060 06' 53" East 146.26 feet; South 31047' 01" West 95.58 feet to the Point
of Beginning.
This parcel contains 4.772 acres more or less.
End of Description
PARCEL NO.4
Rezone from A-HD to OS
That portion of the southeast quarter of the southeast quarter of the northeast quarter of
Section 12, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, County
of Kern, State of California, more particularly described as follows:
Commencing at the east quarter corner of said Section 12, thence coincident with the
south line of the northeast quarter of said Section 12 North 890 48' 52" West 364.49 feet to
the Point of Beginning, thence from said POINT OF BEGINNING and continuing
coincident with said south line North 890 48' 52" West 303.66 feet to the southwest comer
of said southeast quarter of the southeast quarter of the northeast quarter; thence
coincident with the west and north lines thereof the following two (2) courses: 1) North 000
36' 34" East 660.64 feet; and 2) South 890 48' 24" East 72.41 feet; thence leaving said
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north line South 150 55' 33" East 90.50 feet; thence South 320 27' 18" East 62.76 feet;
thence South 240 24' 35" East 111.49 feet; thence South 140 08' 48" East 78.88 feet;
thence South 030 30' 54" East 130.98 feet; thence South 170 13' 46" East 123.81 feet;
thence South 250 38' 57" East 87.27 feet; thence South 480 42' 54" East 23.79 feet to the
Point of Beginning.
This parcel contains 2.823 acres more or less.
End of Description
PARCEL 6
Rezone from R-1-HD to OS
That portion of the northeast quarter of the northeast quarter of the southeast quarter of
Section 12, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, County
of Kern, State of California, more particularly described as follows:
Beginning at the east quarter comer of said Section 12, thence from said POINT OF
BEGINNING and coincident with the east line of the northeast quarter of the northeast
quarter of the southeast quarter of said Section 12 South 000 29' 00" West 194.48 feet;
thence leaving said east line South 890 36' 01" West 653.35 feet; thence along the arc of a
470.00 foot radius curve to the right, the radius point of which bears North 00023' 59"
West, an arc distance of 14.92 feet, through a central angle of 01049' 09", to a point on
the west line of said northeast quarter of the northeast quarter of the southeast quarter;
thence coincident with the west and north lines of said northeast quarter of the northeast
quarter of the southeast quarter the following two (2) courses: 1) North 000 29' 59" East
201.07 feet; and 2) South 890 48' 52" East 303.66 feet; thence leaving said north line
South 480 42' 54" East 39.60 feet; thence North 840 59' 18" East 157.33; thence North 310
47' 01" East 13.82 feet to a point on the north line of said northeast quarter of the
northeast quarter of the southeast quarter; thence coincident therewith South 890 48' 52"
East 170.72 feet to the Point of Beginning.
This parcel contains 2.957 acres more or less.
End of Description
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PARCEL 7
Rezone from R-1 to OS
,
That portion of the northwest quarter of the northeast quarter of the southeast quarter of
Section 12, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, County
of Kern, State of California, more particularly described as follows:
Beginning at the northeast corner of said northwest quarter of the northeast quarter of the'
southeast quarter, thence from said POINT OF BEGINNING and coincident with the east
line of said northwest quarter of the northeast quarter of the southeast quarter South 000
29' 59" West 201.07 feet; thence leaving said east line along the arc of a non tangent
470.00 foot radius curve to the right, the radius point of which bears North 010 25' 10"
East, an arc distance of 185.08 feet, through a central angle of 220 33' 44"; thence North
660 01' 07" West 123.90 feet; thence along the arc of a 530.00 foot radius curve to the left,
the radius point of which bears South 230 58' 53" West, an arc distance of 221.83 feet,
through a central angle of 230 58' 53"; thence North 900 00' 00" West 158.99 feet to the
west line of said northwest quarter of the northeast quarter of the southeast quarter;
thence coincident with the west and north lines thereof the following two (2) courses: 1)
North 000 30' 58" East 66.70 feet; and 2) South 890 48' 52" East 668.15 feet to the Point of
Beginning.
This parcel contains 1.771 acres more or less.
End of Description
PARCEL 8
Rezone from A to OS
That portion of the southeast quarter of the northeast quarter of Section 12, Township 29
South, Range 28 East, Mount Diablo Base and Meridian, County of Kern, State of
California, more particularly described as follows:
Beginning at the southeast corner of said southeast quarter of the northeast quarter,
thence from said POINT OF BEGINNING and coincident with the west line thereof North
000 35' 18" East 365.06 feet; thence leaving said west line South 370 10' 28" East 81.05
feet: thence South 45056' 35" East 85.78 feet; thence North 870 54' 26" East 121.99 feet;
thence North 380 27' 42" East 61.78 feet; thence along the arc of a 326.00 foot radius
curve to the left, the radius point of which bears North 380 27' 42" East, an arc distance of
2.91 feet, through a central angle of 000 30' 43"; thence South 520 03' 01" East 33.17 feet;
thence South 290 53' 23" East 211.94 feet; thence North 850 08' 14" East 106.74 feet;
thence North 010 19' 58" West 243.24 feet; thence North 390 27' 42" West 198.46 feet;
thence North 030 22' 54" West 81.58 feet; thence North 120 10' 28" West 142.66 feet;
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thence North 220 35' 00" West 64.98 feet; thence North 181.75 feet; thence North 780 39'
27" East 72.74 feet; thence North 510 16' 12" East 86.09 feet; thence South 89051' 19"
East 130.00 feet; thence South 44059' 55" East 57.07 feet; thence South 700 47' 27" East
130.88 feet; thence South 840 03' 01" East 121.48 feet; thence South 87.08 feet; thence
East 20.65 feet; thence South 15.00 feet; thence South 700 59' 46" West 137.29 feet;
thence South 210 20' 38" West 87.27 feet; thence South 150 55' 34" East 43.00 feet to a
pOint on the north line of the southeast quarter of the southeast quarter of the northeast
quarter of said Section 12; thence coincident with the north and west lines thereof the
following two (2) courses: 1) North 890 48' 24" West 72.41 feet; and 2) South 000 36' 34"
West 660.64 feet to the southwest comer of said southeast quarter of the southeast
quarter of the northeast quarter; thence coincident with the south line of the southwest
quarter of the southeast quarter of the northeast quarter of said Section 12 North 890 48'
52" West 668.15 feet to the Point of Beginning.
This parcel contains 9.307 acres more or less.
End of Description
PARCEL 9
Rezone from A to R-1-HD
That portion of the southeast quarter of the northeast quarter of Section 12, Township 29
South, Range 28 East, Mount Diablo Base and Meridian, County of Kern, State of
California, more particularly described as follows:
Commencing at the southwest comer of said southeast quarter of the northeast quarter,
thence from said Point of Commencement and coincident with the west line of said
southeast quarter of the northeast quarter North 000 35' 18" East 365.06 feet to the Point
of Beginning; thence from said POINT OF BEGINNING and continuing coincident with the
west, north, and east lines of said southeast quarter of the northeast quarter the following
three (3) courses: 1) North 000 35' 18" East 956.40 feet; 2} South 890 47' 55" East 1337.27
feet; and 3) South 000 37' 49" West 587.70 feet; thence leaving said east line North 900
00' 00" West 195.00 feet; thence South 000 00' 00" East 72.20 feet to a point on the north
line of southeast quarter of the southeast quarter of the northeast quarter of said Section
12; thence coincident therewith North 890 48' 24" West 401.78 feet; thence leaving said
north line North 150 55' 34" West 43.00 feet; thence North 210 20' 38" East 87.27 feet;
thence North 700 59' 46" East 137.29 feet; thence North 000 00' 00" East 15.00 feet;
thence North 900 00' 00" West 20.65 feet; thence North 000 00' 00" East 87.08 feet;
thence North 840 03' 01" West 121.48 feet; thence North 700 47' 27" West 130.88 feet;
thence North 44059' 55" West 57.07 feet; thence North 890 51' 19" West 130.00 feet;
thence South 510 16' 12" West 86.09 feet; thence South 780 39' 27" West 72.74 feet;
thence South 000 00' 00" East 181.75 feet; thence South 220 35' 00" East 64.98 feet;
thence South 120 10' 28" East 142.66 feet; thence South 030 22' 54" East 81.58 feet;
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thence South 390 27' 42" East 198.47 feet; thence South 010 19' 58" East 243.24 feet;
thence South 850 08' 14" West 106.74 feet; thence North 290 53' 23" West 211.94 feet;
North 520 03' 01" West 33.17 feet; thence along the arc of a 326.00 foot radius curve to
the right, the radius point of which bears North 370 56' 59" East, an arc distance of 2.91
feet, through a central angle of 000 30' 43"; thence South 380 27' 42" West 61.78 feet;
thence South 870 54' 26" West 121.99 feet; thence North 45056' 35" West 85.78 feet;
thence North 370 10' 28" West 81.05 feet to the Point of Beginning.
This parcel contains 20.781 acres more or less.
End of Description
PARCEL 10
Rezone from R-1-HD to R-1
That portion of the northeast quarter of the northeast quarter of the southeast quarter of
Section 12, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, County
of Kern, State of California, more particularly described as follows:
Commencing at the northeast corner of said northeast quarter of the northeast quarter of
the southeast quarter, thence coincident with the east line thereof South 000 29' 00" West
194.48 feet to the Point of Beginning; thence from said POINT OF BEGINNING and
continuing along the east, south, and west lines of said northeast quarter of the northeast
quarter of the southeast quarter the following three (3) courses: 1) South 000 29' 00" West
467.72 feet; 2) North 890 48' 13" West 668.34 feet; and 3) North 00029' 59" East 461.01
feet; thence leaving said west line along the arc of a non tangent 470.00 foot radius curve
to the left, the radius point of which bears North 010 25' 09" East, an arc distance of 14.92
feet, through a central angle of 010 49' 09; thence North 890 36' 01" East 653.35 feet to
the Point of Beginning.
This parcel contains 7.122 acres more or less.
End of Description
The parcels described herein are intended to have common boundary lines to the parcels
immediately adjacent to them.
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Exhibit C
Mitigation/Conditions of Approval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-1377
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv
1. 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. The criteria pollutant most affected by the proposed mitigation measures will be
PM10. As the project is required to comply with SJVAPCD Regulation VIII, dust
control measures will be taken to ensure compliance specifically during grading
and construction phases. The following mitigation measures shall be
implemented:
· Water previously disturbed exposed surfaces (soil) a minimum of three
times per day or whenever visible dust is capable of drifting from the site
or approaches 20 percent opacity.
· Water all haul roads (unpaved) a minimum of three times per day or
whenever visible dust from such roads is capable of drifting from the site
or approaches 20 percent opacity.
· Reduce speed on unpaved roads to less than 15 miles per hour.
· Install and maintain a trackout control device that meets the specifications
of SJV APCD Rule 8041 if the site exceeds 150 vehicle trips per day or
more than 20 vehicle trips per day by vehicles with three or more axles.
· Stabilize all disturbed areas, including storage piles, which are not being
actively utilized for construction purposes using water, chemical stabilizers
or by covering with a tarp, other suitable cover or vegetative ground cover.
· Control fugitive dust emissions during land clearing, grubbing, scraping,
excavation, leveling, grading, or cut and fill operations with application of
water or by presoaking.
· When transporting materials offsite, maintain a freeboard limit of at least
six inches and cover or effectively wet to limit visible dust emissions.
· Limit and remove the accumulation of mud and/or dirt from adjacent public
roadways at the end of each workday. (Use of dry rotary brushes is
prohibited except when preceded or accompanied by sufficient wetting to
limit visible dust emissions and use of blowers is expressly forbidden.)
· Stabilize the surface of storage piles following the addition or removal of
materials using water or chemical stabilizer/suppressants.
· Remove visible trackout from the site at the end of each workday.
· Cease grading activities during periods of high winds (greater than 20 mph
over a one-hour period).
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0RfGINAL
Exhibit C
GPAlZC No. 05-1377
Mitigation/Conditions of Approval
· Asphalt-concrete paving shall comply with SJV APCD Rule 4641 and
restrict use of cutback, slow-cure and emulsified asphalt paving materials.
. Grading should be conducted in phases.
· Project site shall not be cleared of existing vegetation cover until required
by construction.
· The project developer shall revegetate graded areas as soon as it is
feasible after construction is completed.
B. The GAMAQI guidance document lists the following measures as approved and
recommended for construction activities. These measures will be required to
ensure that the proposed project emissions are not exceeded:
. Maintain all construction equipment as recommended by manufacturer
manuals.
. Shut down equipment when not in use for extended periods of time.
. Construction equipment shall operate no longer than eight cumulative
hours per day.
. Use electric equipment for construction whenever possible in lieu of diesel
or gasoline powered equipment.
. Curtail use of high-emitting construction equipment during periods of high
or excessive ambient pollutant concentrations such as "Spare-the-Air"
days as declared by the SJV APCD.
. All Construction vehicles shall be equipped with proper emission control
equipment and kept in good and proper running order to substantially
reduce NOx emissions.
. On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if
permitted under manufacturer's guidelines.
. On-Road and Off-Road diesel equipment shall use diesel particulate filters
if permitted under manufacturer's guidelines.
. On-Road and Off-Road diesel equipment shall use cooled exhaust gas
recirculation (EGR) if permitted under manufacturer's guidelines.
. Use of Caterpillar pre-chamber diesel engines or equivalent shall be
utilized if economic and available to reduce NOx emissions.
. All construction workers shall be encouraged to shuttle (car-pool) to retail
establishments or to remain on-site during lunch breaks.
. All construction activities within the project area shall be discontinued
during the first stage of smog alerts.
. Construction and grading activities shall not be allowed during first stage
ozone alerts. First stage ozone alerts are declared when the ozone level
Page 2 of 8
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Exhibit C
GPAlZC No. 05-1377
Mitigation/Conditions of Approval
exceeds 0.20 ppm (1-hour average).
C. The following mitigation measures are required to further reduce the potential for
long term emissions from the completed project:
· The project design shall comply with standards set forth in Title 24 of the
Uniform Building Code to minimize total consumption of energy.
· Applicants shall be required to comply with applicable mitigation measure
in the Air Quality Attainment Plan, District Rules, Traffic Control Measures,
Regulation VIII and Indirect Source Rules for the SJVAPCD.
· The developer shall petition the Golden Empire Transit District (GET) to
conduct a service study to determine if the project site warrants being
annexed into the GET operational system.
· If the GET service study indicates that the development qualifies for
addition to the GET system, specific bus turnouts and shelters shall be
located at appropriate locations to serve commercial and residential sites
within the project area in consultation with the Golden Empire Transit
District. The bus turnouts and shelters shall be planned by developers in
the project area and local transportation coordinating entities to encourage
the efficient and practical use of public transit entities servicing the project
area.
· The developer shall comply with the provisions of SJV APCD Rule 4601 -
Architectural Coatings, during the construction of all buildings and
facilities. Application of architectural coatings shall be completed in a
manner that poses the least emissions impacts whenever such application
is deemed proficient.
· The developer shall comply with the provisions of SJV APCD Rule 4641
during the construction and pavement of all roads and parking areas with
the project area. Specifically, the developer shall not allow the use of:
- Rapid cure cutback asphalt;
- Medium cure cutback asphalt;
- Slow cure cutback asphalt (as specified in SJVAPCD Rule
4641, Section 5.1.3); or
- Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section
5.1.4)
Mitigation for potentially significant air quality impacts.
Page 3 of 8
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ORIGINAL
Exhibit C
GPAlZC No. 05-1377
Mitigation/Conditions of Approval
Bioloaical Resources
2. Although no evidence of the kit fox was found on the project site, since they are known
to exist in the general area all construction personnel be trained in sensitive species
identification and avoidance techniques and be instructed to be on the lookout for kit fox
sign during earth disturbance phases of construction. Any evidence, such as dens,
shall be avoided and reported to the reviewing agencies for resolution. Mitigation for
potentially significant biological resource impacts.
3. A preconstruction clearance survey be conducted within 30 days of initial ground
disturbance in accordance with the provisions of the MBHCP. Any identified kit fox
dens shall be monitored, excavated, and backfilled in accordance with the
recommendations of the MBHCP, CDFG, and USFWS. Mitigation for potentially
significant biological resource impacts.
4. Within 30 days of initial ground disturbance, the applicant shall conduct California
Department of Fish and Game protocol level Blunt-Nosed Leopard Lizard (BNLL)
surveys to determine if BNLL are present on the project site. Any evidence shall be
reported to the reviewing agencies for resolution. Mitigation for potentially significant
biological resource impacts.
Cultural Resources:
5. 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.
6. 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
7. With the submittal of any tentative subdivision map application for areas containing, or
which formerly contained, oilfield equipment and facilities, the applicant shall submit a
Page 4 of 8
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Exhibit C
GPA/ZC No. 05-1377
Mitigation/Conditions of Approval
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 and hazardous materials impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works:
8. Along with the submittal of any development plan, prior to approval of improvement
plans, or with the application for a lot line adjustment or parcel merger, the following
shall occur:
a. Provide fully executed dedication for Paladino Road and Morning Drive to arterial
for the full frontage of the area within the GPA/ZC 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 GPA/ZC
area is submitted, dedication can be provided with the map.
b. For storm drainage, 2 sumps will be allowed to serve the entire GPA/ZC area.
Both sumps must be located on the periphery of the GPA/ZC area so that
additional area may be served. The City's policy is no more than one sump per
80 acres of residential development. The developer shall cooperate in the
formation of a Planned Drainage Area over the south half of the section.
c. Sewer service must be provided to the GPA/ZC 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 and/or an Assessment District to provide a mechanism for the
reimbursement of oversizing costs to the developer.
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
Page 5 of 8
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OFlIG1NAL
Exhibit C
GPA/ZC No. 05-1377
Mitigation/Conditions of Approval
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.
9. The entire area covered by this GPA/ZC 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/ZC
area. For orderly development.
10. 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.
11. Access to the project area from Paladino Drive 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 32 feet of paving meeting City design
standards for a collector road, with 8-foot 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.
12. The subdivision design shall provide access to APN number 386-040-05, immediately to
the east. The proposed Circulation element amendment will make the portion north of
Morning Drive extremely difficult to access. For orderly development.
13. The development shall be subject to all previous requirements and shall be required to
pay into the adopted Regional Traffic Impact Fee program. The fee program
improvements mitigate impacts of the existing densities. For orderly development.
14. The applicant shall aid in the formation of a major bridge and thoroughfare district for
the construction of collectors and arterials within the GPA/ZC area and all proposed
specific plan lines within the area and also Morning Drive to Alfred Harrell Highway. For
orderly development.
Page 6 of 8
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Exhibit C
GPAlZC No. 05-1377
Mitigation/Conditions of Approval
15. Secondary emergency access shall be provided along Morning Drive from Paladino
Drive, north to the first collector from the tract. For orderly development.
Paleontoloaical Resources:
16. If paleontological resources are encountered during construction, a qualified
paleontologist shall be retained by the developer to evaluate the significance of the
resources and formulate a mitigation program if necessary. The paleontologist shall
coordinate with the City of Bakersfield Planning Department. Mitigation for potentially
significant paleontological resource impacts.
Contour Gradina:
17. With submission of any tentative tract map which includes a natural open space area or
which is adjacent to any natural open space area, grading plans shall be submitted
which demonstrate compliance with this condition to the satisfaction of the Building
Director. All manufactured cut and fill slopes adjacent to natural open space areas
which are exposed to any public view shall be contour graded, generally in accordance
with Diagrams 1 through 4 in Chapter 17.66 of the Bakersfield Zoning Ordinance, so
that their ultimate appearance will resemble a natural slope. Mitigation for potentially
significant aesthetic impacts.
Open Space Maintenance:
18. Areas left in natural open space shall be maintained by a homeowners association or
other appropriate entity approved by the City. 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,
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.
Page 7 of 8
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ORIGINAL
Exhibit C
GPA/ZC No. 05-1377
Mitigation/Conditions of Approval
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 8 of 8
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()RIGINAL
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 14th day of September ,2006 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4374 passed by
the Bakersfield City Council at a meeting held on the 13th day of September. 2006
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 103-12)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-1 (ONE
FAMILY DWELLING) ON 79.3 ACRES, R-1-HD
(ONE FAMILY DWELLING - HILLSIDE DEVELOPMENT
COMBINING ZONE) ON 10.2 ACRES, A (AGRICULTURAL)
ON 30.5 ACRES, AND A-HD (AGRICUL TUR -
HILLSIDE DEVELOPMENT COMBINING ZONE) ON 10.1
ACRES TO R-1 ON 84.8 ACRES, R-1-HD ON 25.6 ACRES,
AND OS (OPEN SPACE) ON 19.7 ACRES, GENERALLY
LOCATED AT THE NORTHWEST CORNER OF MORNING
DRIVE AND PALADINO DRIVE (ZC NO. 05-1377).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: &f.P~ W
DEP TY ty Clerk
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