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HomeMy WebLinkAboutORD NO 4396 ORDINANCE NO. 1396 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 124-28) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S-20A (RESIDENTIAL SUBURBAN 20 ACRE MINIMUM LOT SIZE) TO R-1 (ONE FAMILY DWELLING) ON 75.2 ACRES, GENERALLY LOCATED SOUTH OF E. PANAMA LANE AND EAST OF COTTONWOOD ROAD, AT THE SOUTHEAST CORNER OF WHERE COTTONWOOD ROAD MEETS THE ARVIN-EDISON CANAL (ZC NO. 06-0377). 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 south of E. Panama Lane and east of Cottonwood Road, at the southeast corner of where Cottonwood Road meets the Arvin-Edison Canal; and WHEREAS, by Resolution No. 185-06 on September 21, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 06-0377 as delineated on attached Zoning Map 124-28 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-S-20A (Residential Suburban 20 acre minimum lot size) to R-1 (One Family Dwelling) on 75.2 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 July 31, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows 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. 185-06, adopted on September 21,2006: 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. Page 1 of 3 ~ fQA/(~'9 o ~ .:lo.. _ I- m - r- c..> C:> ORIGINAL 4. The proposed project is consistent with surrounding uses. 5. The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A." 7. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purposes of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally the assumption of adverse effect is rebutted by the above referenced absence of evidence in the record and the lead agencies decision to prepare a Negative Declaration for this project. 8. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map 124-28 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. 06-0377. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ---------000--------- Page 2 of 3 ~ 'OAI(~~ <:) ~ .:lo.. _ I- m - r- (,) C:> ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on DEe 13 2006, by the following vote: GiES::> NOES: ABSTAIN: ABSENT: ,,/ .",.-",...- ~..-- .....-- ~ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER HARVEY L. HALL Mayor of the City of Bakers DEe 13 2006 APPROVED as to form VIRGINIA GENNARO City Attorney By: &uc~ ~ Exhibit A - Zoning Map 124-28 B - Zone Change Legal Description C - Mitigation/Conditions of Approval CG - S:\GPA 3rd 2006\06-0377\Resolutions\CC ZC Ordinance 06-0377.doc Page 3 of 3 ~ ~A/(~~ o ~ .:lo.. _ I- m - r- c..> C;) ORIGINAL Exhibit A Zoning Maps 104-18 and 104-19 ~ ~AI(~~ o ~ .:lo.. _ I- m - r- c..> C:> ORIGINAL CD iii Nre I a: ~ ~ 9 a.. iii W""o ~. ~ If) ~~j..: 'W "7 X CI: ,me) b..Z ozre >-0 . !::Nfi3 t.) en ;; . ... .~ I ! IE II It; :" i e i;;..l ::;55!! )oowr-' _.~~! ~ l o m i ij~ ----.- ~ ,..J ___..J I I .,- e a = -., ...- w :D 9; I !l Z ! z'~ I Z I ., 2 \! g i~ !~ ~ 5 ".& Z i W 2: Z' ..,. _ u "" ~ 10 ri ~:" is. I Ie ~r :: :; 5 N wI i Uc ~ w ~ "" .. ~ w ., ... vc'''~; z"z z r ."r~5 ~i!w5=I,..iD:li;l!i ~i2 ~i ~2'ON'N --I~-21:l.';.:j..5NCN. !tNI )loN, zziN:: : i IIN. lih ~J iillt~ ., c'~ i h ~ ~..: ~ l.. I: - K .:i 'S 11.- ';.. a .. u w = - - ~ " .. - w w : C i z ". ,,::: i " oJ ~ . w': .... ~"5"9 e z .. l! ! ~ .. ~ ~ = .. co ..! .. w,e.. il il;;ai U~=t'~~-;!: O:c."12 e n"'J-1":;C.. ~ ~ c' fCf:~..~: ~ J -...... z ~ J -"oW I we z 0 fE ~ c~ i ~.~S~ ;i.~i2 ig.g :'!,!'8!; tfl ~1~2 N ~ e c!!.If i ...~;:: "';:1 ~ N.._....U UWO JC ..~. JUU 'J S Z Z ~ ~ z c s:: o~ t..... r: c :: : U i c II; = ='- ~ I z : ::! : ;" ~ to fill J It gel:l ~ ~ ... ~'i ~i ~i CZ ! I = ::I!l ~ ~ . ~ !::! ~ e:i i: i f ~ g 8 .. !: = .., ." '" I "" ., w 2' ~ r!l'~ ' U. 2 & >- C \,7 z r"!lfj i S U ~ coo oJ c t! r.r rl'rr~:;:: j:.z::1te ,,-::;,,'u t j~.. r ~ c~ u '" ~ c:c ~ ~ o!!!f c C" -to ....~ IEEe ~~ .....-.. "" .. R.....Ke . c c Q 0 _ ...... '0 _";. -! ~ '" ~ ' :=~'~~~~~'~~I<<~~5ie~:~~.=i .ZONE CHANGE 06-Q377 --, I . '- - -------- J ! l .. OJ ~ --------., ~~ I - - -.- -- ___I + ~ g N W cl: i '.. ---:-- .' --. ~'-"" ..., - ._....~'"-'"-----.......-I l r , 1 f 1 I I' I" , 'I .1 '.1 r I I I I I I , I j. " , I I s ~ I/) d:: ""'" . 0:: S c( o N . tn . . 0:: ,:-" OYO~ 6i!."" ,." HIt c ---<, i c. OOOMNO.L.LOO ------... 'f ~ .. ,. 9! oli a~~ &~. ~a a "".a I "d !:CJ ..r ~-. ., ~ ..~ is. . iil fit j! =:1 i "'I := ::oa lii-- ad :!e -- i~1 L 5~v I . .ida :z= ~ .. .......~ ;in :.- ,lC .;,,:: 1ft! ~ ,Hi . ... .-~ ,nz. ; Eel pti! ,'II, 0 Irjl i~t, i="'O :~9.a! ,=.,04" "'Ao -a~~li . .q, ~..~ .. o' EI;"" !'len::. e;ij ~l::!.=i Ii-: :!al_ rIa "ri;s. ,~; r "'''"'a I 51 ri!H ,+ ZONING MAP 124-28 ~ ~q ~ .. !.! I .. : i ':' :..... n~ .ii a- ,bi . -II .. Jc... leli lll't:f.,,~ ~..,;,"' , , 8"!"~ :lit> .:l0- t: c..> ORIGI Exhibit B Zone Change Legal Description ~ ~A/(~~ o ~ .:lo- _ I- m - r- c..> C;) ORIGINAL / . . Exhibit A Zone Change Description APN: 518-010-18 Owners - Knittel Bros., a General Partnership A portion of the 'South Half of the North Half of Section 28, T. 30 S., R. 28 E., M. D. M. in the County of Kern State of California, particularly described as follow~: Commencing at the West Quarter Corner of said section, thence S 89039' 51" E, along the south line of Southwest Quarter of the Norhtwest Quarter, 1324.21 feet to the' southeast comer of said quarter and the True Point of Beginning of this description; thence N 00029'57" E, along east line of said' quarter, 1,156.55 feet t~ the southerly boundary line of the Avrin-Edison Canal as described in the Finiill_Order in Condemnation, recorded June 27, 1967 in Book 4066, Page 278 of Official Records; thence S 89041' 01" E, along said boundary, 1324.26 feet to a point on the east line of said Northwest Quarter; thence continuing along said boundary, S 890 41' 01" E, 229.89 feet to an angle point in said boundary; thence S 00029' 59" W, along said boundary, 1,157.07 feet to a point on the east-west centerline of said section; thence along said centerline, 229.92 feet to the center of said section; thence continuing along said centerline, S 89039' 51" E, 1324.21 feet to the point of beginning. Containing 41.273 acres, more or less., , ' 'I , . ~ ~AI(~~ o ~ ,).. - .... m () t; ORIGINAL / e . Exhibit A Zone Change Description APN: 518-010-19 Owners - Patsy Stacy & Dorothy A. Lowry A portion of the Southwest Quarter of the Northwest Quarter of Section 28, T. 30 S., ,R. 28 E., M. D. M. in the County of Kern State of Califorr'ia, particularly described as follows: . Commencing at the West Quarter Corner of said section, N 000 29' 49" E, along the west line of said section, 1,156.10 feet to the southerly boundary line qf the .' , Avrin-Edison Canal as described in that certain agreement modifying the Final Order in Condemnation, recorded October 20,1972 in book 4737, page 684 of Official Records; thence S 890 41' 01" E, along said boundary, 1324.26 feet to a point on the east line of said Southwest Quarter; thence S 000 29' 57" W, al,ong said east Ime, 1,156.55 feet to the southeast corner of said quarter; thence N 89039' 51"W, along the south line of said quarter, 1324.21. feet to the point of beginning. I Containing 35.152 acres, more or less. ~ fQAI(~~ o ~ ,).. - ... m - r- (,) C;) ORIGINAL Exhibit C Mitigation/Conditions of Approval ~ fQAI(~~ o ~ ).... - I- m - r- (.) C;) 0PIGINAL EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-0377 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality Upon submittal of tentative tract or site plan for approval, 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: 1, The following mitigation measures shall be utilized during the construction phase of the project to reduce particulate dust emissions: a, Water exposed soil surfaces a minimum of three times per day, when dust is capable of drifting from the site, or approaches 20% opacity. b, Water all unpaved roads a minimum of three times per day, when visible dust is capable of drifting from the site, or approaches 20% opacity. c, Reduce speed on unpaved roads to less than 15 miles per hour. d. Install and maintain a track-out control device that meets the specifications of San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips by vehicle with three or more axles, e, Stabilize all disturbed areas, including storage piles, which are not being actively used for construction purposes using water, chemical stabilizers or by covering with a tarp, other suitable or vegetative ground cover. f, Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. g. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover of effectively wet to limit dust emissions, h, Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday, i. Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizers/suppressants. j. Remove visible track-out from the site at the end of each workday, k, Cease grading activities during periods of high winds (greater than 20 mph over a one- hour period), I. Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials, m, Grading should be conducted in phases, n. Project site shall not be cleared of existing vegetation cover until required by construction. Page 1 of 7 ~ 'OA/(C"~ o ~ .:0.. _ .... m - t- o ~ ORIGINAL EXHIBIT C GPAlZC No. 06-0377 Mitigation/Conditions of Approval o. The project developer shall revegetate graded areas as soon as it is feasible after construction is completed. Mitigation for potentially significant air quality impacts. 2. The following mitigation measures shall be utilized during the construction phase of the project to reduce equipment exhaust emissions: a, Maintain all construction equipment as recommended by manufacturer manuals, b, Shut down equipment when not in use for extended periods of time, c, Construction equipment shall operate no longer than eight cumulative hours per day. d. Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. e. Curtail use of high-emitting construction equipment during periods of high or excessive ambient pollutant concentrations such as "Spare-the-Air" days declared by the SJVAPCD. f, All construction vehicles shall be equipped with proper emission control equipment and kept in good and proper running order to substantially reduce NOx emissions. g. On-Road and Off-Road diesel equipment shall use aqueous diesel fuel, particulate filters, and/or cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. h, Use of Caterpillar pre-chamber diesel engines or equivalent shall be used if economic and available to reduce NOx emissions. i. All construction workers shall be encouraged to carpool to retail establishments or to remain on-site during lunch breaks. J. All construction activities within the project area shall be discontinued during the first stage of smog alerts. k, Construction and grading activities shall not be allowed during first stage ozone alerts. Mitigation for potentially significant air quality impacts. 3, The following mitigation measures are required to further reduce the potential for long term emissions from the completed project: a. The project design shall comply with standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. b. Applicants shall be required to comply with applicable mitigation measures in the Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the SJVAPCD. c. 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, Page 2 of 7 ~ fQAI(~-9. o ~ .:lo- _ I- m C3 l; ORIGINAL EXHIBIT C GPAlZC No. 06-0377 Mitigation/Conditions of Approval d. 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. e, The developer shall comply with the provisions of SJVAPCD Rule 4601. Application of architectural coatings shall be completed in a manner that poses the least emissions impacts when such application is deemed proficient. f. The developer shall comply with the provisions of SJVAPCD Rule 4641 during the construction and pavement of all roads and parking areas within the project area, the developer shall not allow the use of the following types of asphalt, rapid cure cutback, medium cure cutback, slow cure cutback, and emulsified. Mitigation for potentially significant air quality impacts. Cultural Resources 4. Although no cultural resources were found on the site, there is the possibility that buried remains could be found during construction or earth disturbing activities. Should the subsurface archaeological remains be unearthed during construction activity, work in the area would stop immediately and a qualified archaeologist shall be consulted for further evaluation. Any measures by the archaeologist shall be complied with at that time. Mitigation for potentially significant cultural resource impacts. 5, If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code, If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately, Mitigation for potentially significant cultural resource impacts. Traffic 6, Prior to the issuance of any building permit within the GPAlZC area, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. Page 3 of 7 ~ fQAJ(~~ o ~ .:lo- _ !::: 1!! (,) (:) OR'G'M6'_ EXHIBIT C GPAlZC No. 06-0377 Mitigation/Conditions of Approval Mitigation for potentially significant traffic impacts. 7. Prior to issuance of the first building permit within the GPAlZC area, the developer shall pay the proportionate share contributions for the intersection and roadway improvements not covered by the RTIF as identified in Tables 7 and 8 of the project traffic study (Ruettgers & Schuler Civil Engineers, February 2006) and in the following tables: TABLE 1 rovements and Local Miti 1 Cottonwood Rd Install Signal - 1 EBl, 1 Install Signal - 1 EBl, 1 4.43% & Pacheco Rd WBl, 1 NBl, 1 SBl, 1 SBR WBl, 1 NBl, 1 SBl, 1 SBR 5 Union Ave & 1 EBl, 1WBl, 1WBT 1 EBl 10.54% Panama In 6 Cottonwood Rd Install Signal- 1 EBl, 1 1 WBl, 1 NBl, 1 SBl 20% & Panama In WBl, 1 NBl, 1 SBl 7 Cottonwood Rd Install Signal- 1 EBL, 1 Install Signal - 1 EBl, 1 32,65% & Berkshire Rd WBl, 1 NBL 1 SBL WBL, 1 NBl, 1 SBl 8 Cottonwood Rd Install Signal - 1 EBl, 1 Install Signal- 1 EBl, 1 9.13% & Hoskin Rd WBl, 1 NBl, 1 SBl WBl, 1 NBl, 1 SBl 9 Cottonwood Rd Install Signal - 1 EBl, 1 1 NBl, 1 SBl 10,83% & Taft Hw WBl, 1 NBl, 1 SBl Notes: NB = Northbound SB = Southbound WB = Westbound EB = Eastbound l = Left-Turn lane T = Through lane R = Right-Turn lane TABLE 2 rovements and Local Miti Cottonwood Rd: Planz Rd - Pacheco Rd Cottonwood Rd: Pacheco Rd - Panama Ln Panama In: SR 99 - South H St Panama In: S, Union Ave - Cottonwood Rd Add 2 lanes Add 2 lanes Add 1 lane Add 2 lanes Add 2 lanes 10.73% Mitigation for potentially significant traffic impacts. Page 4 of 7 !< ~A/(~~ o ~ .:lo- _ I- m - r- o C;) ORIGINAL EXHIBIT C GPAlZC No. 06-0377 Mitigation/Conditions of Approval ADDITIONAL CONDITIONS OF APPROVAL: Public Works 8. Along with the submittal of any development plan, prior to approval of improvement plans, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Cottonwood Road to arterial standards and for Berkshire and Washington (the north-south collector) to collector standards for the full frontage of the area within the GPA request. Provide fully executed dedication for Cottonwood Road from the north boundary of the GPAlZC area to the intersection of Panama Lane. 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, Submit a comprehensive drainage study to be reviewed and approved by the City Engineer, No more than 1 sump may be utilized to serve this area. The study shall be approved and any required retention site and necessary easements dedicated to the City. c. 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 and/or an Assessment District to provide a mechanism for the reimbursement of over sizing costs to the developer, This GPAlZC area will be served from Wastewater Treatment Plant #2 - a lift station will be necessary to serve any area south of the Arvin Edison Canal. 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. 9. Construct full improvements on the east side of Cottonwood Road from the north boundary of the GPAlZC area to the intersection of Panama Lane upon further development of the GPAlZC parcel. For orderly development. Page 5 of 7 ~ ~AI(~~ o ~ .:lo- _ I- m - ,... (,) C;) ORIGINAL EXHIBIT C GPAlZC No. 06-0377 Mitigation/Conditions of Approval 10. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the 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. For orderly development. 11. 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. 12,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, 13, The Cottonwood Road crossing of the Arvin Edison Canal needs widening; the Washington Street crossing of this canal must be constructed. Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings. For orderly development. 14. Local Traffic Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in Tables 7 and 8 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares from the study as follows (Note: NB - north bound, SB - south bound, WB - west bound, EB - east bound L - Left turn lane, T-Through lane, R - Right turn lane): a, Cottonwood Rd & Pacheco Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 1 SBR, 4.43% share b, Union Ave & Panama Ln, Add 1 EBL 1, 10,54% share c, Cottonwood Rd & Panama Ln, Add 1 WBL, 1 NBL, 1 SBL, 20% share d. Cottonwood Rd & Berkshire Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 32.65% share e. Cottonwood Rd & Hosking Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 9.13% share f, Cottonwood Rd & Taft Hwy, Add 1 NBL, 1 SBL, 10.83% share g, Cottonwood Rd, Planz Rd to Pacheco Rd, Add 1 lane each way, 3,75% share h, Cottonwood Rd, Pacheco Rd to Panama Ln, Add 1 lane each way, 4.41% share i. Panama Ln, Cottonwood Rd to Union Ave, Add 1 lane each way, 10.73% share 1 Striping only. Page 6 of 7 ~ 'OAI(~~ o ~ ;:,... - I- m - r- (,) C:> ORIGINAL EXHIBIT C GPAlZC No. 06-0377 MitigationlConditions of Approval j. Panama In & So, H St, Add 1 NBl, 1 SBT, 1 EBT, 1 WBT2, 7.78 % share3 For orderly development. 15. Regional Transportation Impact Fee: Pay the standard residential fees, as adopted at time of development. For orderly development. City Attornev 16,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, 2 This leg covered by RTIF, 3 Added mitigation based on review of adjacent project traffic study, Page 7 of 7 ~ 'OAI(~~ o ~ .:lo- _ I- m - r- (,) C:> ORIGINAL 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 December , 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4396 passed by the Bakersfield City Council at a meeting held on the 13th day of December, 2006 and entitled: ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 124-28) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-S-20A (RESIDENTIAL SUBURBAN 20 ACRE MINIMUM LOT SIZE) TO R-1 (ONE FAMILY DWELLING) ON 75.2 ACRES, GENERALLY LOCATED SOUTH OF E. PANAMA LANE AND EAST OF COTTONWOOD ROAD, AT THE SOUTHEAST CORNER OF WHERE COTTONWOOD ROAD MEETS THE ARVIN-EDISON CANAL (ZC NO. 06-0377) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield . BY:~~~~ DEPU Y Ci Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd ~ ~AK~~ Q ~ >- - I- m _ r- '-' C:> ORIGINAL