HomeMy WebLinkAboutORD NO 4405
ORDINANCE NO.
:t408
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 123-14)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE TO CHANGE THE ZONING FROM M-1 (LIMITED
MANUFACTURING) TO R-2/P.U.D. (LIMITED MULTIPLE
FAMILY DWELLING / PLANNED UNIT DEVELOPMENT) ON
10.26-ACRES AND M-2 (GENERAL MANUFACTURING) TO R-
2/P.U.D. ON 13.62-ACRES, GENERALLY LOCATED ON THE
NORTH SIDE OF PACHECO ROAD AND WEST OF AKERS
ROAD (FUTURE) (ZC 06-0443).
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 on the north side of Pacheco Road and west of Akers Road (future); and
WHEREAS, by Resolution No. 199-06 on September 21, 2006, the Planning
Commission recommended denial of an ordinance amending Title 17 of the Municipal Code to
approve Zone Change No. 06-0443 as delineated on attached Zoning Map 123-14 marked
Exhibit "A", more thoroughly described in attached Exhibit "B", 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, a Negative Declaration with mitigation was advertised and posted on
August 18, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for light and service
industrial development; and
WHEREAS, the City Council conducted a public hearing on November 15, 2006 and
November 29, 2006 to consider the Planning Commission Resolution 199-06; and
WHEREAS, at the November 29, 2006 hearing the City Council modified the request to
include M-1 and M-2 to R-2/P.U.D. on only 23.88 acres; and
WHEREAS, the applicant has agreed to this modification; and
WHEREAS, the City Council makes the following findings:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been followed.
3. Based on the initial 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 surrounding uses.
1
~ 'OAJ(C'~
<) ~
.:... -
J- m
- r-
(,,) <:7
ORIGINAL
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 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 CEQA 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 in said City, the boundaries of which
property is shown on Zoning Map 123-14 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.
06-0443.
5. That the southerly 4.86 acres requested to be R-2 (Limited Multiple
Family) is denied.
2
ft V>AJ(~\
5 ,
ORIGINAL
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-......-.
3
~ fQAJ(~~
<:) ~
,).,. -
!:: ~
(,) c:)
ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on DFC 1 3 ZaUb
by the following vote:
~
~:
ABSTAIN:
ABSENT:
~ L-- &..---- '-- .....-- -- ~
COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
~.
PAMELAA. McCARTH , Me
CITY CLERK and Ex 0 icio Clerk of the
Council of the City of Bakersfield
APPROVED DEe 1 3 2006
11 /:t1:ft
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: /1xw 1M ~
Exhibit A - Zoning Map 123-14
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
PH - S:\GPA 3rd 2006\06-0443\Resolutions\CC ZC Resolution 06-0443.doc
4
~ fQAJ(C'~
o ~
>- -
J- m
- r-
(,,) <:7
ORIGINAL
Exhibit A
Zoning Map 123-14
~ COAJ(~~
,... -;...
5 ~
~
tol-i(:1 4." flMlNOZ
ii;l.
ill
III.
III
fiR
'"
it
!!: : If
____I N
.Ii
-,:.
t
!
ii
::
I:
;..
d
~
~ I
P,....J
I
I
I
... - ,../.
+
2!
!II~
'p
f
I:
..
\
+
<B
----------...
.: I
l:lo t
I
I
I
---""li--
010
r
,
~.
: !
1II ,.
J. J.
~
!
j
1
I.
I
I
I
,.
1
--......:---.:..--...J .
, I
.. t
!
I~
2 ! 2
I '
i
I .:.
""
,." .. j'''.f~
t1'1'O-90..39NVH03NOZ
11ii! !18' 1
;r.~~: . f
~.;~( I r.;,!
~! ..1 .' t~:iI
-::"' Lf')::
11~f:.: I ~ !i!~! i
ii If 1P'
,~~ ~1;ul~u u....u..mmumm ..
~8 Sr' ,,...
, ,I, i I.
I~.~~....t""...ll.."~')'?~:" '!.'! '!"!'!'\' ,".,,\,,\, ~~. II"" lnNO
... ~~.... '1',:, ,:..:r-"'N-O F ... III ...~~ ~~... t"t I't -t
." e .. " af N- ,. ,.G> ~O<
. . Ill- .. I ~
, ' 0 .z~
U~~ H lHicf-1IUI!;ti!HUi H~~ B!UIII' !II~ ~CD
N~JJ'~~~~i.~~~~r-loe~..~~!.~~:;..;~~.~~5 j,"!i ~
!~"ul~~~~::l'liihlll;1,Fi~Fc5~~~.~."F~F"i i~ ...
l~... -l-.,....II!iC ii . !'1'2'~1[ ill ~I ~,..:u
N:iXlJ " I--I:i i !r~'a"'Z~nJ! .. i. ..!.!~l(J
_.1; U"f-U i!1 ha iii!i:J:i~ilif!:1 _' It_m~~j!i
J t 8:: ii~ ::!~~I hi.!~8:;S ::IX::! f 0
i ii Ii 1= ! iN ilJ _"wiwIU~ 8 il N
, a = i E ;: g ~ . a ~ .l
I !i ~'1 lil~H v-
a i i i ! il U ~.~
!l mmUmm'.u. mmumm.......Sltli.mmmmmu. ",.. m
e I_ ~
i -!; i
. .. ..... .:.~~AJ(~'\
~ !
ORIGINAL
_.._...,,',,~~,;;~ .L
CITY OF BAKERSFIELD
ZONING DISTRleT DESIGNATIONS
R-1 One Family Dwelling C-O Professional and Administration Office
6,000 sq.ft. minimum lot size
C-1 Neighborhood Commercial
E Estate
10,000 sq.ft. minimum lot size C-2 Regional Commercial
R-S Residential Suburban C-C Commercial Center
24,000 sq.ft./dwelling unit
C-B Central Business
R-S-1A Residential Suburban
1 acre minimum lot size PCO Planned Commercial Development
R-S-2.5A Residential Suburban M-1 Light Manufacturing
2% acre minimum lot size
M-2 General Manufacturing
R-S-5A Residential Suburban
5 acre minimum lot size M-3 Heavy Industrial
R-S-10A Residential Suburban P Automobile Parking
10 acre minimum lot size
RE Recreation
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family) Ch Church Overlay
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit OS Open Space
R-3 Multiple Family Dwelling HaSP Hospital Overlay
6,000 sq.ft. minimum lot size
1,250 sq.ft. lot area/dwelling unit AO Architectural Design Overlay
R-4 High Density Multiple Family Dwelling FP-P Floodplain Primary
6,000 sq.ft. minimum lot size
600 sq.ft. lot area/dwelling unit FP-S Floodplain Secondary
R-H Residential Holding AA Airport Approach
20 acre minimum lot size
01 Drilling Island
A Agriculture
6,000 sq.ft. minimum lot size PE Petroleum Extaction Combining
A-20A Agriculture SC Senior Citizen Overlay
20 acre minimum lot size
HO Hillside Development Combining
PUO Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
S:\Forms\zoneDistricts.doc
!< CO"J(~~
Q ~
5 ~
ORIGINAL
Exhibit B
Zone ehange Legal Description
!< coA/(~~
c ~
.).. -
.... m
- r-
c.J t)
ORIGINAl
PARCEL 1: ZONE CHANGE M-2 TO R-2/PUD
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
BEING A PORTION OF ADJUSTED PARCEL "B" OF LOT LINE ADJUSTMENT
NO. 04-0069, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, RECORDED JULY 8, 2004 AS INSTRUMENT NO. 0204157257 OF
OFFICIAL RECORDS OF KERN COUNTY ALSO DESCRIBED AS BEING A
PORTION OF THE S.E.1/4 OF THE S.W. Y4 OF SECTION 14, TOWNSHIP 30
SOUTH, RANGE 27 EAST, M.D.M. AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 14;
THENCE ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 14
NORTH 00000'02" WEST, 100.01 FEET TO A POINT ON THE SOUTH LINE OF
SAID PARCEL "B" OF LOT LINE ADJUSTMENT NO. 04-0069 AND ALSO LYING
ON THE NORTH RIGHT OF WAY LINE OF THE SAN JOAQUIN V ALLEY
RAILROAD, THENCE CONTINUING ALONG SAID NORTH-SOUTH
CENTERLINE OF SECTION 14 NORTH 00000'02" WEST, 387.06 FEET TO THE
TRUE POINT OF BEGINNING OF THE DESCRIPTION OF THIS PARCEL;
THENCE (1) CONTINUING ALONG A LINE PARALLEL WITH SAID NORTH
RAILROAD RIGHT OF WAY NORTH 89039'38" WEST, 537.93 FEET TO A POINT;
THENCE (2) NORTH 00007'02" EAST, 52.31 FEET TO A POINT;.
THENCE (3) NORTH 83052'04" WEST, 788.15 FEET TO A POINT ON THE WEST
LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 14;
THENCE (4) ALONG SAID WEST LINE, NORTH 00000'25" EAST, 484.68 FEET TO
A POINT;
THENCE (5) DEPARTING FROM SAID WEST LINE, SOUTH 50000'32" EAST,
170.90 FEET TO A POINT;
THENCE (6) NORTH 89045'13" EAST, 814.99 FEET TO A POINT;
THENCE (7) SOUTH 00014'47" EAST, 67.15 FEET TO A POINT;
THENCE (8) ALONG A LINE THAT IS PARALLEL WITH THE SOUTH LINE OF
TRACT NO. 3932 UNIT "A" AS FILED IN MAP BOOK 28 AT PAGE 21, SOUTH
89038'50" EAST, 814.99 FEET TO A POINT ON THE NORTH-SOUTH
CENTERLINE OF SAID SECTIONI4;
j, ~"K,.~
~ c;
~ G
a~1G1AA.
THENCE (9) ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 14,
SOUTH 00000'02" EAST, 835.64 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 13.47 ACRES MORE OR LESS.
PARCEL 2: ZONE CHANGE M-l TO R-2/PUD
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
BEING A PORTION OF ADJUSTED PARCEL "B" OF LOT LINE ADJUSTMENT
NO. 04-0069, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, RECORDED JULY 8, 2004 AS INSTRUMENT NO. 0204157257 OF
OFFICIAL RECORDS OF KERN COUNTY ALSO DESCRIBED AS BEING A
PORTION OF THE S.E.1/4 OF THE S.W. Y4 OF SECTION 14, TOWNSHIP 30
SOUTH, RANGE 27 EAST, M.D.M. AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 14;
THENCE NORTH 00000'02" WEST, 100.01 FEET TO A POINT ON THE SOUTH
LINE OF SAID PARCEL "B" OF LOT LINE ADJUSTMENT NO. 04-0069 AND
ALSO LYING ON THE NORTH RIGHT OF WAY LINE OF THE SAN JOAQUIN
VALLEY RAILROAD; THENCE ALONG THE NORTH-SOUTH CENTERLINE OF
SAID SECTION 14, NORTH 00000'02" WEST, 835.64 FEET TO THE TRUE POINT
OF BEGINNING OF THE DESCRIPTION OF THIS PARCEL;
THENCE (1) CONTINUING ALONG SAID SECTION 14 CENTERLINE, NORTH
00000'02" WEST, 388.36 FEET TO A POINT ON THE SOUTH BOUNDARY OF
TRACT NO. 3932 UNITS "A" AND "C" AS FILED IN MAP BOOK 28 AT PAGES 21
AND 97 RESPECTIVELY;
THENCE (2) ALONG THE SOUTH LINE OF SAID TRACT NO. 3932 UNITS "A"
AND "C", NORTH 89038'50" WEST, 1321.38 FEET TO THE SOUTHWEST CORNER
OF SAID TRACT NO. 3932 UNIT "C", SAID POINT ALSO BEING THE
NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 14;
THENCE (3) ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER, SOUTH 00000'25" WEST, 220.71 FEET TO A POINT;
THENCE (4) DEPARTING FROM SAID WEST LINE, SOUTH 50000'32" EAST,
170.90 FEET TO A POINT;
!( COAJ(~~
o ~
,... -
.-. m
- ...
C,) c:)
ORIGNAL
THENCE (5) NORTH 89045'13" EAST, 814.99 FEET TO A POINT;
THENCE (6) SOUTH 00014'47" EAST, 67.15 FEET TO A POINT;
THENCE (7) ALONG A LINE THAT IS PARALLEL WITH THE SOUTH LINE OF
TRACT NO. 3932 UNIT "A" AS FILED IN MAP BOOK 28 AT PAGE 21, SOUTH
89038'50" EAST, 814.99 FEET TO THE TRUE POINT OF BEGINNING.
SAID P ARCEL CONTAINS 10.26 ACRES MORE OR LESS.
PREPARED BY:
~.C ffia]@W@[[
~~E Civil E,1-Igineering, Inc.
)/
~ fQ"'/(C'~
(:) ~
>- ..-
!:: ~
'" C)
ORIGINAL
1J.'ll>lJ 8lliJOOnOO@1'<:
~'1l>lJ 8Ij})OOnOO@1'<:
,-----------i-----------
I i l
I ;
I !
~
@1
~
~
@
~
co
Z
Z
Z
8
<D~
~;
~u
z'"
-<
,9C'B!lE 3,<:000.OOS
-0:
I::
Z~
:ON
~L?
(J)[L
CO
CO
ON
Z
CO
t.J::E
~
I--
<?
rts
@1
~
~-
@~
~-
Pl
o
N::)
CL
.....IC\:r9
LUI....
UC::CO
0:0'"
<(f-O
CL'";'"
~
8l
""
10
w
'"
"'
...
~
Z
u w
, ~
Zr-- III
-, (J) 10
'"
~ ~ en
(J)[L
CO
co
ciN
Z .
CO
t::E
-0:
"'
I--
~
15
iliv
15;;;
ffig
zu
:5iJi
U~
~~
co
Z
Z
Z
ffi
<D~
~d
~U
z'"
O~
,vlrSES 3.~000"()()S [LC
.avv MZOoo.O
1.J..., ::)vL NOIlJ3S 3NIlOJ31N
mag
. 0
-I~
~ r .
U()~
0::::h:0
<(~N
CL ~ .
~co
U
)-.
0::::-1
~::)
a..-;)
<?!@!]
~!~
@!@1
~i~
~i~
@!@
~I~
OJ'-.
~U')
ON
O::::J'-.
aU')
u.....
(J)~-q
to 0:::: 0
N
O~o
Ou
1 z: .
-qSO
O-lZ
~~!z
-10
~
.,.;
....
'"
w
1il
~
~
o
T""::)
.....I%~
LUIr--
UC::oqo
0: 0 .
<(f-;2
CLC\J
~
,gg.vsv 3.9~,OO,OON
OOIl>lJ'IJ.'ll-lJ 8@OOnOO@1'<:
A @ .-----..
()
C
OJ
C
'C
ESQ)
@.~
~
@~
~~6
~.
L--~~-'.."~---l
I
I 0
I <(
I v
I O;;;~
I 0 '"
fLG~
wZ
<no
I ",'"
I ~~
I -.J gs--
u~
-~S
:_;~
OO'Lac M.~O,oo.ON ,W'OO~
MZO,OO,OON
>-
HlnOS-H10JON
~
,..:
f;l
~
CD
~
'"
z
W
-.J
~~ ~-.J
....
:!l~ l;j<(
@~ ~> ~
~~ III @1
~@ Pl ~
@"" Ol ~
~'=' ~z
@
~
:J
o
<(
I 0
I
I '
I
I Z
I <(
: III
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-------------~
,OO'Lac 3,,~0,Lo.ON
,~c.~g 3.~0,LO,ON
~
~
~
~
!d
z
~
:!l
@1
~
~
@
~
~'ll-lJ 8lliJOOnOO@~
<?
rts
@1
~
~
@
~
~
~
N
w
~
o
9
C;;
cI>
~
Ci5
..,:
o
co
C\J
UJ
U
CI:
CI:
UJ
~
~
o
~
J:
U
a:
~ CO~l(t~
~ ~
,).,. ~
5 b
ORIGIN~
Exhibit C
Mitigation,eonditions of Approval
~ ~/lIKC'1)>
<:) ~
,).. -
.- m
- ,.....
(,,) (:)
ORIGINAL
EXHIBIT A-1
Conditions of Approval
General Plan Amendment/Zone Change No. 06-0443
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Culturallmoact Mitioation Measures:
1. 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.
2. If human remains were 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.
Biolooical Resource Mitioation Measures:
3. Prior to any grading approval, all earth moving contractors and employees shall attend a "tailgate"
session informing them in sensitive species identification and avoidance techniques for kit fox
protection measures to be followed for the project. The orientation shall be conducted by a
qualified biologist and shall include information regarding the kit fox and other species, summary
of applicable environmental law, procedures to follow if potential species are found, and measures
intended to reduce impacts. Mitigation for potentially significant biological resource impacts.
4. Prior to grading plan approval, the applicant's biologist shall submit a summary report to the
Planning Director verifying the following: 1) when and where the session took place; 2) topics
discussed in the session; and 3) session attendance roster. Mitigation for potentially
significant biological resource impacts.
5. Within 30 days of initial ground disturbance, the applicant shall conduct a preconstruction
clearance survey 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, the CDFG, and the USFWS. Mitigation for potentially significant biological resource
impacts.
Noise
6. Any tentative tract within GPAlZC will be required to construct an eight-foot tall noise barrier
erected along the southern project boundary parallel to the railroad and an eight-foot tall wing-wall
erected along the southeast corner of the project boundary spanning 1 DO-ft. north along the Akers
Road. Mitigation for potentially significant noise impacts.
7. With recordation of final subdivision maps within the GPAlZC area, the subdivider shall record a
covenant on all lots of the subdivision disclosing that industrial activity and railroad noise may be
audible. Such noise shall be noted as being within allowable levels to residences. Mitigation for
potentially significant noise impacts.
-oAKC'1)>
8. A six-foot high block wall shall be placed along the western boundary of the Calcrete concr~ ~
,).,. -
!:: ~
(,) <:7
ORIGINAl.
Exhibit A - 1
Conditions of Approval
GPAlZC 06-0443
Page 2 of 3
batch plant along with a northern 100-ft long wing-wall as depicted on Exhibit A-4 "Location Map
with Noise Barriers." Mitigation for potentially significant noise.
9. An eight-foot wall shall be placed between the project boundary and the oil production area.
Mitigation for potentially significant noise
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works:
10. 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 Akers Road to collector standards for the full frontage of
the area within the GPA request. Dedications shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City Engineer, and shall
also include any necessary slope easements for the at-grade railroad crossing. 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. For orderly development.
b. This GPAlZC area is too small to support it's own storm drainage sump. The City will allow no
more than one sump per 80 acres; therefore, this GPAlZC area must be included within the
drainage area of adjoining property. The developer shall participate in the development of a
Planned Drainage Area and provide a drainage study for the GPAlZC area, showing it's
proportionate share of the necessary ultimate storm drainage facilities. The sump serving this
area must be located on the east boundary of the GPAlZC area so that additional area to the
east may be served. The study shall be approved and any required retention site and necessary
easements dedicated to the City. For orderly development.
c. 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.
d. Submit verification to the City Engineer of the existing sewer system's capability to accept the
additional flows to be generated through development under the new land use and zoning. For
orderly development.
11. 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.
12. The developer shall aide in the formation of a Major Bridge and Thoroughfare Area for Akers Road
improvements and shall repay to the City their proportionate share of the City's Akers Road Project.
For orderly development.
13. Regional Transportation Impact Fee:
development.
Pay the standard residential fees, as adopted at time of
~ CO(>.I(C'?i
<:) %
.:0.. -
to- m
- ,....
(,,) 0
ORIGINAL
Exhibit A - 1
Conditions of Approval
GPAlZC 06-0443
Page 3 of 3
Citv Attornev:
14. In consideration by the City of Bakersfield for land use entitlements, including but not limited to
related environmental approvals related to or arising from this project, the applicant, and/or property
owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City
of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein)
against any and all liability, claims, actions, causes of action or demands whatsoever against them,
or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising
from, the terms and provisions of this application, including without limitation any CEQA approval or
any related development approvals or conditions whether imposed by the City, or not, except for
City's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any decision by the
City related to this project and the obligations of this condition apply regardless of whether any other
permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or preceding, falling under this
condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall
be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense
of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity
or party.
Conditions Added at Appeal Hearino
15. With recordation of any final subdivision map within the GPAlZC area, the subdivider shall record a
covenant on the M-2 General Manufacturing zone comprising the oil well drilling site and the
approximately 3.7 acres of the project area south of the eastlwest access road restricting future
industrial uses to those permitted in an M-I Light Industrial Zone.
16. Prior to development of the property south of the approved residential site, the east west access
road west of the alignment of Akers Road to its western terminus shall be fully constructed to City
standards and dedicated as a public street. Subject to a determination by the City Engineer or Fire
Marshall at the time of subdivision review for any portion of the larger site, partial width construction
of the east west access road may be required.
JS: S:\GPA 3rd 2006\06-0443\Staff Reports\Exhibit A-1.doc
!< co~I(C'~
() ~
~ ~
a Q
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. 4405 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 123-14) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM
M-1 (LIMITED MANUFACTURING) TO R-2/P.U.D. (LIMITED MULTIPLE
FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON 10.26-ACRES
AND M-2 (GENERAL MANUFACTURING) TO R-2/P.U.D. ON 13.62-ACRES,
GENERALLY LOCATED ON THE NORTH SIDE OF PACHECO ROAD AND
WEST OF AKERS ROAD (FUTURE) (ZC 06-0443)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
1 . j
By: ~ l-~
DEPUTY Ity Clerk
S:\DOCUMENT\FORMS\AOP .ORD.wpd
~ -ot-.KC'1'
<:) %
>- -
..... rn
_ r-
c.:> (:)
ORIGINAL