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Home My WebLink AboutORD NO 4375 ORDINANCE NO. J 8'% 5 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAPS 102-04 and 102-05) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE ZONE) TO R-21PUD (LIMITED MUL TIPLE- FAMILY DWELLING ZONE/PLANNED UNIT DEVELOPMENT ZONE) ON 25 ACRES AND R-1 (ONE-FAMILY DWELLING ZONE) ON 40 ACRES, GENERALLY LOCATED ON THE EAST AND WEST SIDES OF COFFEE ROAD, SOUTH OF ETCHART ROAD AND WEST OF THE BEARDSLEY CANAL (ZC NO. 05- 1932). 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 on the east and west sides of Coffee Road, south of Etchart Road and west of the Beardsley Canal; and WHEREAS, by Resolution No. 120-06 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. 05-1932 as delineated on attached Zoning Maps 102-04 and 102- 05 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 Zone) to R-2/PUD (Limited Multiple-Family Dwelling Zone/Planned Unit Development Zone) on 25 acres and R-1 (One-Family Dwelling Zone) on 40 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 15, 2006, in accordance with CEOA; and WHEREAS, the general plan designation for this area allows for low and low-medium 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. 120-06, 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. 4. The proposed project is consistent with the surrounding land uses. 1 ~ fQ!\K~~ Q ~ ;:... - f- m - t- o ORIGINALe:> 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 (CECA) 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 CECA 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 Maps 102-04 and 102-05 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. 05-1932. 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. .._------()()()--------- 2 ~ ~AI(S'-9. o ~ )0.. _ ':: ~ 'j () ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed an<StiP~e..d, ZtlOH'e Council of the City of Bakersfield at a regular meeting thereof held on . ;j by the following vote: @ ABSTAIN: ABSENT: .......- _____ L-----""""- v- l--- ........--- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER d. PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 13 2006 HAR L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney BY:~~~ Exhibit A - Zoning Maps 102-04 and 102-05 B - Zone Change Legal Description C - Mitigation/Conditions of Approval PH - S:\GPA 2nd 2006\05-1932\Resolutions\CC ZC Ordinance.doc 3 ~ ~"/(~~ o ~ )0. _ 1:= ~ t:) ORIGINAte:> Exhibit A Zoning Maps 102-04 and 102-05 ~ fQA/(~~ o ~ ~ - f- rn - ,.... tJ ORIGINAte) "'Ct::: ON I cr. N o - 90.", &&.1<(0- LL N ~~..,: &&.I :.: ~C) 1&.2 0-"", 20 >-Ou "'N&&.I U U) ~I f.. . Iv I ..I! 1 I"'. -llfu il~j o I~ z I' . 1&.1.1 , (!) ,I "' 4 ~ : ~ + , ii t 1Ii .. ~ ; Ii;; ! i iI a ::: ~I 9; I ; ,. Ii II is I I . I Wi I I I ~ ; I Ii ~ I i :j 1_ 5 g II = Ii II ! I d. h I.. i ~i ~ f II =: I n I ~ I ! ~ I ~ 5 i i;,2!Jz~'lllrl~d:!wi!U III dli;li~1 i wi ::I"f"w~..~l!IlIi~5"'~"~ 1"'-1 .....;tarlll :4 ... E~~-..._..I..... ruz ... oJ "5" I ..... .2: 1~t>:r!t!:i;tI;i!Ai"I~5n~!:HcHjl!l ~ ! :! oJ ~ i i 'I ~! ...! .. ; i .. i rI.. ;i. ~ ;; h = ~ ~ Ii! ~ r oj ~ illllll:iifi!j~lr~I~!~iilil~Rliil~~til It II! r III! a:;: 3: li_ .... a oJ U II! ~~ .~;. ;.;.~~ a.. .... 3 . ... do... .... "C~L "I .,.. :iz~~~~,,!r-'I!ll 4..3ia..c.......~ . c e:.vvuua:a. .. ~, .z. ~ O~ q, ~t ~_ ':~j I i I .- , .. tI i . . . q, ^ I m .. '. -.~ ,~ ~~"BY ZONE CHANGE 05-1932~ CI . III -." .., ....N..N L'JI n""lIo 1e"Lll JL"LI 3MlIO ; c 00 ; ~ .. ill . .. i .. .. .. .. .. << .. z .. .. It .. . !: .. +' " " . III -." .., ^ -'- .. . ~ t - J c ~ .. . + I ~ <Q~ f ~ o . ~ >- J ill '::: I r; ZONING MAP 102-04 . ORIGINAL .; '10 " .' N 9a: N' o - 9a..... ~<(o. l&. N ~:E~ I&J ~ i5C) l&.Z OZg >0 . !:N~ (,) rn Ii It; ~ Ii I i;;..: :;I5S!f .... !f iI shr ~J I~ ~. . ~ J, ' I -- I. 5ri : I !I 9; i J if h II ! I! ! Ii :r I I: - l! : ~ i ..!! !I j ~ I ;: i J : I" i i I U!..H".::&-~iw!!~1 gila 'Ii" 1..1.... J--IJ-si,~I::. ..!.. s.., ..I 255 i = I ilU ilhi!HJiJ..I~:i !t"U it "''';2 Z U~:hat~:;:~;~f;!i!i!~ Ilh U3!!..:I.. ili!ilaih;:t't!t~ cl....r~~ ....~Z..ii:i~::..~:! ~. :t i "S:t .. .. ~S! :(.. "'g 5;::i 8:t = !f "'I.." : ": i.. ~ ~ t z ~ .. = II --=5 ;!""2~i=w 0;- G: ~2.!e.""..I~cccC~"rl Izl:rzz!"_"-~:W2~""~S ~~;~~r2CWWi"W"" Illil Iii} n il !llill :~i il Iii! Ii I ~~~;Iji cS sl -N ..... !t~:"~ .. .. CCC <<IEee ;" .. d O~"Qd_.. ! i ,~ :fz....v.. . z c.. ~z ':cvo,'-vlI:,2slr.c&u o~c~....a. ~"'.'- ~ ....... -Q;-' ... , ... ... 4. __ . .', ~, !.--<-;" ',;~':::: \l.~ rr,.,.~ '~ ZONE CHANGE..05-1932 nJ. nit .,." ~. -0\'01I ~ c ::>> 2 S 4( 0 c .. .; : .. I < . 4 ,. I.... I - ------;..-~----~.;.-- -------,/ " W . ..,.I, /-----..-----------...". ,/ ,. , /~'" r-- - --'--------;,,--:----/ ,~+~~.. - . 0/ '., , i-----------.~- , I I I I I , I I I I , r , , r I I , I I , , r I , , I .. " c .. 2 C .. .. r-------------- I : I : I .w I I 'U "lhft . ~ .. ,; i ~ i , , ;..~ .,- t "'c,,,,," c -"~' '" Q ........ , .. 3 "......""" ./" .. ~ ,."." 111 ;II -- .- il , '" I .. < :i l i ~ C .. < ":1. --,. 1"-'" , , I < I I I 7111n rtI . nl .,." ..,. .-: ! IE: ~ c ---------- ... c ~ I l I . . oJ . . .. II ; r .. ~. \ o c I. : ~ ... ~ 1- ~ . .l: . o .. .. H !1M II III ii g; ii ZONING. MAP 102-05 Exhibit B Zone Change Legal Description ~ f{>AK~-9 c ~ >- - l- m - t- o t> ORIGINAL Legal Description General Plan Amendment/Zone Change PARCEL A From A to R-21PUD BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 5 OF SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY AND THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO AND MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 5, SAID POINT BEING THE CENTERLINE INTERSECTION OF SEVENTH STANDARD ROAD AND COFFEE ROAD; THENCE SOUTH AT A BEARING OF 00049'41" WEST AS SHOWN ON SURVEYOR'S INVESTIGATION MAP NO. 7-1, BOOK 6, PAGE 50, FILED IN THE KERN COUNTY SURVEYOR'S OFFICE, SAID LINE ALSO BEING OUR BASIS OF BEARING, 2612.30 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.); (1) THENCE SOUTH 00049'19" WEST ALONG SAID CENTERLINE OF COFFEE ROAD 1650.61 FEET; (2) THENCE NORTH 88054'40" WEST, 659.36 FEET TO THE WESTERN BOUNDARY LINE OF LOT 32 OF SAID SALES MAP; (3) THENCE NORTH 00049'19" EAST ALONG SAID WEST LINE OF LOT 32 AND LOT 17, 1650.59 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF ETCHART ROAD, ALSO BEING THE NORTHWEST CORNER OF SAID LOT 17 (4) THENCE SOUTH 88054'46" EAST ALONG THE CENTERLINE OF SAID ETCHART ROAD AND THE NORTHERN BOUNDARY LINE OF SAID LOT 17, 659.36 FEET TO THE TRUE POINT OF BEGINNING; Contains: 25 :t Acres GPAlZC-EtchartC0ffee..4B-Lgl ~ fQAK~-1! o (Jl ;:... ." .... iTi - ,... QOR/GINA[> or oc 1llNIA' I'JYW08i 1""" i ~:'~-----'-~'-=-'-"=-Y~:'-'*;;;T'''''-'-~~-'-''=-Y~'~~:1 I " ..., , nr,l'or " , Inn' 'I' I , . :1: : ": c.,;:Ij " , 1'1, ~ Cl ': I / 'I' ::III 'Ii , I I' ~ i/' , / , I ,..: " , I 'I, ~ ' I I / ~I' CI> II' , I /': ~ N 'I' , I I" " , / I 'I' " - , I I" " -.- , I / 'I' ,,' t., I I I II ,/1 : / I I' : ' ~-,g , / " II: :: ~AI / / 1/: III ia~~ 'I" I' ", , " '~' " I' ~ / / ,I: :,i "~"" ~i (V) OJ :: , / II, :' I /' 1/1 ,I' OJ '/ / " : 0' OJ ,/] / :.1 ' , , / " .....:: ~ ~/' ~/ :1' .- ..... ,I, , /, " .::Ii F,:! ~ " , , , " F,:! . m q : ' // /', ,I: m ~ 2 , / / , 'I' ~ - 'I, I / ~ : I : ~,..: ~ ~ :1: / / .~ : :.' 8 N · ~ : : co / /, :/: . ~ :Z :1' I / oc: loc en ill;! ~ /", / " >l, 11 ----!'i-J " / I~ ___-==..__=___ -=-____g___j, ir~::~I:Z: ::;:'ij7 ~ ~ ~f'!~ ",.\v~ !I.~, " oc:lior// .aYoI if 1 'II ' '/ , " 'I' 'I~ ,/ OJ , , I ' :/' / " Zc M ': " , ~, ,9:1 '" : (~ :11: I: ", I: , " " I' I111 :11 1'1 M '" I I" '" A 'I' ,I' I ij' ': " / /,' " " / I 'I' :/i _________~' / 'I ' , " i,: ~" -------;,-j 1; i1---- -- - - -- ----- ---- --- ~------- ~I! 'I, I' '/' " I: :1: " 'I' 'I' " :/[ 'I " :1' " , II: " 'I' " " :1' :: 'I: 'I, :' :1: ': or"or II, " 'I' '" " II: 'I " 'I, : I :1: orl lor :1: orllJoc ---___~__J, "~ ~--==="'/---==':'::'::--=-=-1:,--", '~::~::::5~~E~~:~:~~E:------=---__________ ..., " ' ..., " ) I ! (II .ON .01 .utlOOO ClYor l'AOTID J I~ Ii II QII II) .:Ij {;}~ ~!:f &..J~ :Z i Ii Ii I .n L~ i:q~~~ ~~m~m ........ ,.~~~ ~iili i en z z: U) ~::;!:l!3::!i I i1 ~ '(,f1..I(~~ ~ a ~ II ;:... - i t: /!! (.) (:) PARCEL B From A to R-1 BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 5 OF SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY AND THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO AND MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 5, SAID POINT BEING THE CENTERLINE INTERSECTION OF SEVENTH STANDARD ROAD AND COFFEE ROAD; THENCE SOUTH AT A BEARING OF 00049'41" WEST AS SHOWN ON SURVEYOR'S INVESTIGATION MAP NO. 7-1, BOOK 6, PAGE 50, FILED IN THE KERN COUNTY SURVEYOR'S OFFICE, SAID LINE ALSO BEING OUR BASIS OF BEARING, 3213.10 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.); (1) THENCE SOUTH 89017'39" EAST 1780.11 FEET TO A POINT OF INTERSECTION WITH THE EASTERN RIGHT OF WAY OF THE BEARDSLEY CANAL; (2) THENCE SOUTH 30019'57" EAST ALONG SAID RIGHT OF WAY. 511.91 FEET TO AN ANGLE POINT; (3) THENCE SOUTH 48016'00" EAST ALONG SAID RIGHT OF WAY. 611.47 FEET; (4) THENCE NORTH 89017'39" WEST, 2507.05 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF COFFEE ROAD; (5) THENCE NORTH 00049'19" EAST ALONG SAID CENTERLINE OF COFFEE ROAD, 840.00 FEET TO THE TRUE POINT OF BEGINNING; Contains: 40 :t Acres GPAlZC-EtchartCoffee-4B-Lgl ~ ~A/(~1> o (p ;:... -1'\ I- ;;; - ,... oOR/G/NA[=' i= Ii II M ..,. or or (\J :!:: / / T " ~ " " 'I' ~ " " " :f " " " ~ :1: " M ...\;:: - v III .../.....-~--------- ________________ />/r----------- ~!" r~----- III ~ ii! ~~fO I" i i,i ~ i,i Qt1~ IIi - ,III: " " " 'I' , " " ::::; ~ JD i :!i (\J M M = M i ii Ii I L ~ I ~ ~ : on ;;; ~ ..., .... ..... ~~e!f~ l!llB~ii~ cncncnzz !::t ~ ~ ~ ~ ~8 N~ I , ~ 'OA/(~1> , ~ <JlN f- -T\- "0 rn8 0R/GINAF i Exhibit C Mitigation/Conditions of Approval ~ ?,AJ(~"9 (:) cP ~ -n I- - (3 I!! ORIGINAf EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-1932 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Qualitv 1. Prior to development, the applicant/developer of. the project site shall submit documentation to the Planning Department that they will/have met the following air quality mitigation measures: . Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. . Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. . Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. . Use 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. . All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. . All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. . All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. . When materials are transported offsite, all materials 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. ~ ~AK~1> o cJl ;:.... ~ t:: ~ o ORIGINAE> Exhibit C GPA/ZC No. 05-1932 Mitigation/Conditions of Approval · 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 carryout/trackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVAPCD Regulation VIII. Mitigation for potentially significant air quality impacts. Cultural Resources: 2. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. Mitigation for potentially significant cultural resource impacts. 3. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation for potentially significant cultural resource impacts. Transportation and Traffic 4. 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. 5. Prior to issuance of the first building permit within the project site, the developer shall pay the proportionate share of the following intersection and roadway mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as identified in the project traffic study (Ruettgers & Page 2 of 5 X ~AI(~-9 () (fl >- ~ t- m - ,... vOAIGINAE' Exhibit C GPA/ZC No. 05-1932 Mitigation/Conditions of Approval Schuler Civil Engineers, January 2006}. 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, whichever occurs first. The estimate shall break out the single-family and multi-family residential components in separate per unit fees. Proportionate shares from the study as follows: a. Coffee Road & Etchart Road: Install Signal, Add 1 EBL, 1 WBL, 8.27% share b. Coffee Road & Norris Road: Add 1 EBL, 1 EBR, 1 WBL, 1 SBL, 1 SBT, 10.89% share c. Coffee Road & Olive Drive: Add 1 NBR, 4.01 % share d. 7th Standard Road, Calloway Drive to Coffee Road: Add 2 Lanes, 0.85% share Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound, L - Left turn lane, T - Through lane, R - Right turn lane Mitigation for significant traffic impacts. ADDITIONAL CONDITIONS OF APPROVAL: Public Works: 6. 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 Coffee Road to arterial standards and Etchart Road to collector standards 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. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. City will allow no more than one sump per 80 acres. No more than 1 sump may be utilized to serve each area; these sumps should be located so that they may be available to serve adjacent areas as they develop. The study shall be approved and any required retention site and necessary easements dedicated to the City. Page 3 of 5 ~ ~AK~1> o (J'l ;:... ~ t- m - ,... c.::> 0AIGINAt' Exhibit C GPAlZC No. 05-1932 Mitigation/Conditions of Approval c. The GPAlZC area is within the service area of the North of River Sanitary District NO.1. Sewer service in this area must conform to the NORSD's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right-of-way shall require an Open Street Permit and be as per the City of Bakersfield's adopted standards. 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. 7. 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. 8. Payment of median fees for the arterial frontage of the property within the GPAlZC request is required prior to recordation of any map or approval of any improvement plan for the GPAlZC area. For orderly development. 9. Access to the arterial streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. For orderly development. 10. Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the Snow Road, Seventh Standard Road and Coffee Road crossings of the Lerdo Canal. For orderly development. Page 4 of 5 ~ roAK~1? o (fJ ;:... .." t: ~ QORIGINAf> Exhibit C GPAlZC No. 05-1932 Mitigation/Conditions of Approval Wood Burning Heater/Fireplace Prohibition: 11. Prior to issuance of building permits, the Building Department shall ensure that no wood burning heaters or fireplaces will be installed in any residences within the GPAlZC area. For conformance with the air quality impact analysis conducted for the project. City Attornev: 12. 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 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 5 of 5 ~ 'QA/(~1'. o <p ;:... ." t:: IE Q ORIGINAC' 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. 4375 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 102-04 AND 102-05) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURAL ZONE) TO R-2/PUD (LIMITED MUL TIPLE- FAMILY DWELLING ZONE/PLANNED UNIT DEVELOPMENT ZONE) ON 25 ACRES AND R-1 (ONE-FAMILY DWELLING ZONE) ON 40 ACRES, GENERALLY LOCATED ON THE EAST AND WEST SIDES OF COFFEE ROAD, SOUTH OF ETCHART ROAD AND WEST OF THE BEARDSLEY CANAL (ZC NO. 05-1932). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~W DEPUTY ty Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd ~"'KS--9 ~ ~ >- m ~ t; v ORIGINAL