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Home My WebLink AboutORD NO 4399 ORDINANCE NO. 4898 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAPS 104-18 and 104-19) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-3 (MULTIPLE FAMILY DWELLING) TO R-1 (ONE FAMILY DWELLING) ON 7.35 ACRES, R-3 TO R-2 (LIMITED MUL TIPLE- FAMILY RESIDENTIAL) ON 16.12 ACRES, AND R-1 TO R-2 ON 3.16 ACRES, GENERALLY LOCATED NORTH OF HIGHWAY 178, WEST OF THE FUTURE EXTENTION OF VINELAND ROAD, SOUTH OF PALADINO DRIVE AND EAST OF MORNING DRIVE (ZC NO. 05-1271). 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 north of Highway 178, west of the future extention of Vineland Road, south of Paladino Drive and east of Morning Drive; and WHEREAS, by Resolution No. 179-06 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. 05-1271 as delineated on attached Zoning Maps 104-18 and 104-19 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 from R-3 to R-1 on 7.35 acres, R-3 to R-2 on 16.12 acres, and R-1 to R-2 on 3.16 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 28, 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. 179-06, 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 CEOA. Page 1 of 3 ~ fQA/(C'~ C) ~ .).. - t- m - r- o t::7 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 Maps 104-18 and 104-19 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit liB ". 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. 05-1271. 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 ~ fQAKC'-9 <:) ~ .).. - t- m - r- o t::7 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 DEC 13 2006 by the following vote: ~ COUNCILMEMBER CA~. BE~M, w~. C~H, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED DEC 1 3 2006 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By:~m,~ Exhibit A - Zoning Maps 104-18 and 104-19 B - Zone Change Legal Description C - Mitigation/Conditions of Approval PAMELA A. McCARTHY C -r CITY CLERK and Ex Off io Clerk of the Council of the City of Bakersfield CG - S:\GPA 3rd 2006\05-1271\Resolutions\CC ZC Ordinance 05-1271.doc Page 3 of 3 !< fQA/(C'~ o ~ ~ - I- m ij l; ORIGINAL Exhibit A Zoning Maps 104-18 and 104-19 ~ fQA/(C'~ <:) ~ .).. - f- m - r- o t::7 ORIGINAL Co~ _N I a: V o 9a.. . l&J<(lIt., - Ot ~~~ I&J X !C) ILZ oZ~ >0 . !:Nli3 u CI) .. 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ZONING MAP 104 Cf l; ORIGINAL +. 9 a.. !!:!<( IL '~~ I&J X !C) Z 15- ,Z ~O 'uN ., , ,. .. l! t -- ;- 'I II: I ~, , r I' I , I , , I I I I I r I ,J Ii: 1 , , I I I I I I ... _' i .--~i Ii N : I. i 9 ~~-; .' 9 Ii' - , 1::' If i'lx : X, :l - - .'.. N U ... I I' .1 ! Iii ~ ii' illlli~";~ ~I I ... I'" II tEn ;;!- Ii I i! I ~ 00 ll'" -Ill I.. ! I 1-,i1il=:iB!iiiil; .::1 i: -lil;1 t" -I iil ~i=;=:t~!hgl..i!i II~i },,!I,i5lin~! , Iv = .. a..,..tlt. I 51:t} wc wllt:i ..c" II: i ~ ~ ~ 9 i ~ !i fl wtSt"2 :t ~ ~ 8 ~; i i " . II ~! N e ! .c c! ...! I H.. u iii~.i;! o~ I!:!t~ P",o II::: oi-~i~ ;;i~ ;l;IloI"E ~.:.... _.', ~.I~t U.I'~!,i~~;!~l'l ~lg;Ui'lilUlnU~ai . ~ H I'~ :! c ~ c' ...., ' ..... d' d - ~ '" .:.. IaJ ~. --,.,.ir-;r-;.,:,,~ ~.. ~z':,,~..'!u.~ ,:,. Z .0C.... .. -t. . ... ...Ie C C ~.v.vvu~sa8Icc..u occ......1 ZONE CHANGE'05-1271 R'_ ,. ~ "--'1.'-:' < . '. . '~ , -, ..... .. .~. d ':$ a::i ~~ .. ~ ~ . i i "c!'>. 00 Ie = .' '.... ..... H.trJI ,. ~ Is .t i Ira ;~ Jik ~L '::C '~ . ~. , ~ ~! t' ,.. \0;; , ZONINGM P 104-1 I I --- .- . . ; II . ~ ~ ; , l -... I I!IHI ~-:II!!lSO sili II II~~I!' 1-111111 i,-hi I;IIU -' rn 't; IG'NAl Exhibit B Zone Change Legal Description ~ 'OA/(~-9 .)..0 ~ t- - _ m o ,... C;) ORIGINAL of"!' EXHIBIT "A" PROPOSED ZONE CHANGE LEGAL DESCRIPTIONS PROPOSED R-2 (FROM R-3l ALl THAT PORTION OF SECTIONS 18 AND 19, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., 'CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE ALONG THE FOLLOWING EIGHT (8) COURSES: 1) THENCE SOUTH 00022'460 WEST, ALONG THE EAST LINE OF THE NORTHEA'ST QUART'ER OF SAID SECTION, A DISTANCE OF 281.18' FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 4,875.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 04021'560 WEST, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT -OF- WAY LINE OF STATE ROUTE 178; .. '. 2) -:. 3) 4) 5) 6) 7) 8) , I ~- a:\PROJECTS\035017.14\LEGALS\351714GA01.DOC 3/2112006 AMFIGC ~ 'OA/(C'~ <:) ~ .).. - t- m - r- o C) ORIGINAL 4) THENCE SOUTH 89034'59" EAST, A DISTANCE OF 471.28 FEET TO. THE BEGINNING Of A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 30.00 FEET; I I 5) THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE a= 90003'080, AN ARC DISTANCE OF 47.15 FEET; 6) THENCE SOUTH 89031'510 EAST, A DISTANCE OF 55.00 FEET TO THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 18; 7) THENCE SOUTH 00028'090 WEST, ALONG SAID EAST LINE, A DISTANCE OF 211.981=EET TO THE POINT o.F BEGINNING. CONTAINING' 3.16 ACRES, MORE OR LESS. PROPOSED R.1 (FROM R-3) ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE So.UTHEAST QUARTER OF SECTION 18, I TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., CITY OF BAK~RSFIElD, COUNTV OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED M3 FOllOWS: ' COMMENCING AT THE SOUTHEAST CORNER OF,SAID SECTION 18; THENCE NORTH 00"28'090 EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION, A DISTANCE OF 475.96 FEET; THENCE DEPARTING SAID EAST LINE, NORTH 89039'390 WEST, A DISTANCE OF 576.09 fEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOllOWING FOUR (4) COURSES: 1) THENCE SOUTH 00025'01 0 WEST, A DISTANCE QF 431.32 FEET; 2) THENCE NORTH 89034'59" WEST, A DISTANCE OF 743.00 FEET TO. THE WEST LINE OF THE SQUTHEAST QU~TER OF THE SOUTHEAST QUARTER OF SAID SECTION 18; 3) THENCE NORTH 00029'260 EAST, ALONG SAID WEST liNE, A DISTANCE OF 430.31 FEET; 4) THENCE DEPARTING SAID WEST LINE, SOUTH 89039'390 EAST, A DISTANCE o.F 742.45 FEET TO A POINT OF BEGINNING. CONTAINING 7.35 ACRES, MORE OR lESSt , I MciNTOSH & ASSOCIATES 2001 Wheelan Court . Bakersfield, CA 93309 (661) 834-4814 .... ..:::.:.....-- a:\PROJECTs\o35017.14\LEGALS\351714GA01.DOC 3121/2006 AMF/GC . "-...,. ~ fQA/(C'.p, <:) ~ .).. - f- m - t- o C) , ORIGINAL Exhibit C Mitigation/Conditions of Approval ~ 'OA/(~-9. o (P- '- "'" ..: m :) S ORIGINAL EXHIBIT C Mitigation/Conditions of Approval General Plan AmendmentlZone Change No. 05-1271 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Qualitv 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 and equipment exhaust emissions: a. Unpaved road surfaces where construction activities occur will be watered twice daily. b. The speed of any vehicles and equipment traveling across unpaved areas must be no more than 15 miles per hour. c. Exposed ground surfaces where construction activities occur will be watered twice daily. d. All stockpiles will be covered with a tarp. e. At least 6-inches of freeboard space shall be maintained during transport of materials and/or covered and watered to limit dust emissions. f. Mud and dirt accumulations on public roadways will be removed immediately when track-out exceeds 50 or more feet as well as at the end of the workday. g. Grading activities will cease during periods of high winds where entrainment of dust will exceed the San Joaquin Valley Air Pollution Control District (SJVAPCD) 20 percent requirement. h. The idling of construction equipment will be limited to no more than 20 minutes at a time. i. All construction equipment shall be maintained to manufactures' specifications. j. Where possible all electronic equipment shall be used in lieu of diesel or gas powered equipment. k. Employees at the construction sites will be encouraged to carpool to and from work as well as during established lunch hours. Mitigation for potentially significant air quality impacts. Bioloaical Resources 2. Prior to the issuance of a grading permit, the project applicant shall pay a development fee in accordance with the Metropolitan Habitat Conservation Plan (MBHCP). Mitigation for potentially significant biological resource impacts. Page 1 of 9 ~ 'OA/(C'-9 o ~ .).. - t- m - ,... o t::7 ORIGINAL EXHIBIT C GPAlZC No. 05-1271 Mitigation/Conditions of Approval 3. Prior to the issuance of a grading permit on the project site, the project proponent shall comply with all appropriate terms and conditions of the MBHCP. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: a. A preconstruction clearance survey of the project site shall be conducted by a qualified biologist within 30 days of initial ground disturbance in accordance with the provisions of the MBHCP. It is recommended that any identified San Joaquin Kit Fox dens or Burrowing Owl nest sites be monitored, excavated, and backfilled in accordance with the recommendations of the MBHCP, the CDFG, and the USFWS. In accordance with CDFG recommendations, the preconstruction clearance survey shall be conducted on no more than 50-foot intervals. b. Prior to construction, all construction personnel shall be trained by appropriate personnel 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, should be reported to the reviewing agencies for resolution. . c. Excavations shall either be constructed with escape ramps or covered to prevent kit fox entrapment. All trenches or steep-walled excavations greater that three feet shall include escape ramps to allow wildlife to escape. Each excavation shall contain at least one ramp, with long trenches containing at least one ramp every % mile. Slope of ramps shall be no steeper than 1: 1. d. All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. e. All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit fox or other animals. Mitigation for potentially significant biological resource impacts. 4. Prior to development, California Department of Fish and Game protocol level Blunt- Nosed Leopard Lizard (BNLL) surveys shall be conducted by a qualified biologist to determine if BNLL are present on the project site. These surveys should be conducted between April 15 and June 30 under the specified time and temperature conditions. If blunt-nosed leopard lizards are detected, the applicant shall submit methods for compliance with Fish and Game Code Section 5050 to CDFG for review and approval. Mitigation for potentially significant biological resource impacts. 5. Prior to the issuance of a grading permit, the project applicant shall comply with the following raptor nest mitigation: Page 2 of 9 ~ '9A/(c~ o ~ .).. - t- m '0 l; ORIGINAL EXHIBIT C GPAlZC No. 05-1271 Mitigation/Conditions of Approval a. If site grading is proposed during the raptor nesting season (February-September), a focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. b. If construction is proposed to take place during the raptor nesting/breeding season (February - September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Any nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October-January). c. Preconstruction surveys shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside of breeding season (September 1 through January 31), passive and/or active relocation efforts may be undertaken if approved by CDFG and USFWS. If active burrowing owl burrows are detected during breeding season (February 1 through August 31), no disturbance to these burrows shall occur without obtaining appropriate permitting through the Migratory Bird Treaty Act. Mitigation for potentially significant biological resource impacts. 6. A formal jurisdictional delineation will be conducted. If project development would impact jurisdictional areas, a Clean Water Act, Section 404 permit from USACE and/or a CDFG Section 1601 Streambed Alteration Agreement will be obtained from USACE and/or CDFG respectively prior to the issuance of a grading permit and/or approval of plans and specifications. USACE and CDFG typically require mitigation plans to be prepared prior to the loss of habitat within jurisdictional areas. Mitigation for potentially significant biological resource impacts. 7. The following invasive exotic plants shall not be used in any project residential or commercial landscaping: tamarisk (all species) and pampas grass. In addition, vegetation at any ponds or water features shall be managed in a way such that none of the invasive exotic plants listed by the Department of Agriculture allowed to become established. Typical invasive exotic plants that can become problematic in this region include: water hyacinth and pampas grass. Mitigation for potentially significant biological resource impacts. 8. During construction, site boundaries shall be clearly marked with flagging, fencing, or other suitable material to prevent construction equipment and vehicles from impacting adjacent habitat areas potentially occupied by special status species. Mitigation for potentially significant biological resource impacts. Page 3 of 9 ~ fQA/(C'~ <:) ~ .).. iTi !::: r- o t::7 ORIGINAL EXHIBIT C GPA/ZC No. 05-1271 Mitigation/Conditions of Approval Cultural Resources 9. If archaeological resources are encountered during the course of construction, 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. 10. 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. 11. A paleontological monitoring program that includes the following measures shall be implemented to reduce potential impacts on the Sharktooth Hill bonebed. a. Prior to grading, a paleontologist shall be retained, attend a pre-grading meeting, and set forth the procedures to be followed during the monitoring program. b. One paleontological monitor that is trained and equipped to allow rapid removal of fossils with minimal construction delay is expected to be sufficient. Full-time monitoring of the portions of the project site that have earth-disturbing activities at elevations between 600 feet and 700 feet shall be provided. c. If fossils are found within an area being cleared or graded, earth-disturbing activities shall be diverted elsewhere until the monitor has completed salvage of the fossils. If construction personnel make the discovery, the grading contractor shall immediately divert construction and call the monitor to the site. Major salvage time may be shortened by grading contractor's assistance. d. The project paleontologist shall prepare, identify, and curate all recovered fossils. Upon completion of grading, the project paleontologist shall prepare a summary report documenting mitigation and results, with itemized inventory of collected specimens. The paleontologist shall submit the report to the City of Bakersfield Planning Department, designation depository, and any other appropriate agency, and transfer fossil collection to a depository within the City of Bakersfield or County of Kern. The summary report shall be submitted to the City. This submittal will signify completion of the program to mitigate impacts on paleontological resources. Mitigation for potentially significant paleontological resource impacts. Page 4 of 9 ~ fQA/(C'~ <:) ~ .).. - t- m - r- o t::7 ORIGINAL EXHIBIT C GPAlZC No. 05-1271 Mitigation/Conditions of Approval Hazards and Hazardous Materials 12. Prior to the issuance of grading permits, the grading plans shall specify that in the event that hazardous waste is discovered during site preparation or construction, the property owner/developer shall ensure that the identified hazardous waste and/or hazardous material is handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the California Administrative Code, Title 30, Chapter 22. Mitigation for public safety and welfare. 13. The applicant shall handle and dispose of all hazardous materials and wastes during the operation and maintenance of facilities in accordance with state codes. Mitigation for public safety and welfare. 14. Prior to the issuance of grading permits, the grading plans shall specify that in the event that any abandoned or unrecovered oil wells are uncovered or damaged during excavation or grading, remedial plugging operations will be required. Mitigation for public safety and welfare. 15. No structures are to be located over a previously plugged or abandoned well. Mitigation for public safety and welfare. Noise 16. Prior to the issuance of building permits, the project applicant shall reduce noise levels on the project residences by setting residential uses back from the roads by a distance equal to or greater than the 65 dB CNEL contour. For the future alignment of SR 178, the minimum setback distance shall be 188 feet. As an alternative to setbacks, the project applicant could use sound-walls to mitigate traffic noise levels. The exact height and placement of sound-walls would depend on lot design and grading. Walls in the range of 6 to 10 feet probably would suffice for most situations. When lot design and grading are established, an acoustical consultant shall establish necessary wall heights and locations. Mitigation for potentially significant noise impacts. Traffic 17. Prior to the issuance of building permits, the project applicant shall comply with the Metropolitan Bakersfield Transportation Impact Fee Program. These improvement fees shall be used to provide related improvements listed on pages 44 and 45 in Appendix C of the City in the Hills Draft EIR, prepared by Michael Brandman Associates, February Page 5 of 9 ~ fQAKC'-9 c ~ .).. - t- m _ r- o t::7 ORIGINAL EXHIBIT C GPA/lC No. 05-1271 Mitigation/Conditions of Approval 2002. In addition, the applicant's funding calculations for all improvements associated with the fee program shall be submitted to the City for review and approval. The following improvements shall be included within the improvement list. a. The following traffic signals shall be installed in the year 2020: . Panorama Drive and Morning Drive . Morning Drive and Auburn Street . Paladino Drive and Fairfax Road . Vineland Road and SR 184 . Paladino Drive and Morning Drive b. The following roadway segment shall be installed in the year 2020: . Install lanes of pavement on Paladino Drive and Fairfax Road to Masterson Street. . Install 2 additional lanes of payment on Kern Canyon Road from SR 178 to Niles Street Mitigation for potentially significant traffic impacts. 18. Prior to the issuance of building permits, the project applicant shall provide its fair share of funding toward the following improvements. At the time of issuing building permits, the applicant's funding calculations for all improvements associated with the fee program shall be submitted to the City for review and approval. a. Traffic signals shall be installed at the following locations in the years 2010 and 2020: Year 2010 (Project One-Half Buildout) . Vineland Road and Interior Collector Street . Panorama Drive and Interior Collector Street (2 locations) . Panorama Drive and Masterson Street . Morning Drive and SR 178 . Masterson Street (SR 184) and Old SR 178 . Vineland Road and SR 178 Year 2020 (Full Project Buildout) . SR 184 and Chase Avenue . Queen Street and Paladino Drive . Alfred Harrell Highway/Comanche Drive and SR 178 b. The following roadway segments shall be installed in the year 2010: Year 2010 (Project One-Half Buildout) . Install Vineland Road between SR 178 and Collector Loop Street . Install half width of SR 178 and Masterson Street along the project frontage. Page 6 of 9 ~ fQA/(C'-9 o ~ .).. - t- m - t- o C) ORIGINAL EXHIBIT C GPAlZC No. 05-1271 Mitigation/Conditions of Approval . Install 2 lanes of pavement on Panorama Drive from Morning Drive to Queen Street . Install 2 additional lanes of pavement on Old SR 178 from Fairfax Road to Alfred Harrell Highway/Comanche Drive Mitigation for potentially significant traffic impacts. 19. Prior to the issuance of a building permit, the project applicant shall provide funding for the future realigned SR 178 between Fairfax Road and Alfred Harrell Highway/Comanche Drive. The funding will be for that portion of the future realigned SR 178 which is determined to be the obligation of local development. The project's share of traffic on SR 178 is 7.5 percent. Mitigation for potentially significant traffic impacts. 20. Prior to the issuance of a building permit, the project applicant shall provide the City of Bakersfield with a phasing plan of the onsite roadway segments. The project applicant shall install the following roadway segments that are not part of the Metropolitan Bakersfield Transportation Impact Fee Program: a. Install Panorama between Queen Street and Masterson Street b. Install the onsite Collector Loop Street c. Install Valley Lane between Panorama Drive and Paladino Drive d. Install Queen Street between Panorama Drive and Paladino Drive Mitigation for potentially significant traffic impacts. ADDITIONAL CONDITIONS OF APPROVAL: Public Works 21. 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 Vineland Avenue(s) to arterial and Highway 178 to Caltrans standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with the map. b. This GPA/ZC area is within the Breckenridge drainage area and shall follow the requirements, build the proposed improvements and pay the necessary fees of the Page 7 of 9 ~ ~~IC~~ o ~ .).. - t- m _ r- o t::7 ORIGINAL EXHIBIT C GPA/lC No. 05-1271 Mitigation/Conditions of Approval area. If the entire Breckenridge drainage area improvements have not been constructed, temporary drainage basins may be required to be constructed within the GPA/ZC area and remain in place until all of the infrastructure is constructed. C. Sewer service must be provided to the GPA/ZC area. This area is within the North East Planned Sewer Area and shall follow the requirements, build the proposed improvements and pay the necessary fees of the area. 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. 22. 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. 23. 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. 24. Reserve area for the future Vineland/SR 178 interchange. Enter into an agreement with the City of Bakersfield to acquire the reserved land. For orderly development. 25. 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' 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. 26. The development shall pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. Page 8 of 9 ~ fQA/(C'-9 <:) ~ .).. - t- m _ r- o C) ORIGINAL EXHIBIT C GPA/lC No. 05-1271 Mitigation/Conditions of Approval City Attornev 27. 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 9 of 9 ~ 'OAI(C'~ o % >- - t- m _ r- o 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. 4399 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 MAPS 104-18 and 104-19) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-3 (MULTIPLE FAMILY DWELLING) TO R-1 (ONE FAMILY DWELLING) ON 7.35 ACRES, R-3 TO R-2 (LIMITED MULTIPLE-FAMILY RESIDENTIAL) ON 16.12 ACRES, AND R-1 TO R-2 ON 3.16 ACRES, GENERALLY LOCATED NORTH OF HIGHWAY 178, WEST OF THE FUTURE EXTENTION OF VINELAND ROAD, SOUTH OF PALADINO DRIVE AND EAST OF MORNING DRIVE (ZC NO. 05-1271) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ ~~ DEPUT Cit lerk S:\DOCUMENT\FORMS\AOP .0RD,wpd ~ fQt>.Kc-9 <:) % >-- - t- m _ r- o 0 ORIGINAL