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HomeMy WebLinkAboutRES NO 029-07 029-07 RESOLUTION NO. RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 06-1014, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED NORTH OF MCCUTCHEN ROAD BETWEEN OLD RIVER ROAD TO THE WEST AND PROGRESS ROAD TO THE EAST. WHEREAS, Old River Road, LLC c/o The Lusich Company, filed an application requesting a General Plan Amendment, change of zoning of that certain property to be annexed into the City of Bakersfield as hereinafter described; and WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Government code, held a public hearing on Monday, December 18,2006, and on Thursday, December 21 , 2006, on General Plan Amendment No. 06-1014, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, General Plan Amendment No. 06-1014, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 06-1014: The Lusich Company for Old River Road, LLC applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from R-IA (Resource- Intensive Agriculture) to LR (Low Density Residential) on 99.5 acres generally located north of McCutchen Road between Old River Road to the west and Progress Road to the east; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-1014 and it was determined that the proposed project would not have a significant effect on the environment; therefore, a Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, 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; and WHEREAS, Policy No. 14 of the Conservation/Soils and Agriculture Element of the Metropolitan Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) factors when considering projects that propose to convert designated agricultural land to non-agricultural uses; and WHEREAS, the Planning Commission and City Council have evaluated the ten (10) factors provided under Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan Bakersfield General Plan and found the following: Page 1 of 5 <o~KS'1> ~ Ul .. -(\ >- - l- m _ r- Q b oRIGINAL 1 ) Soil Qualitv The soil types prevalent on the project site are listed in the Soil Survey of Kern County, California, Northwestern Part (United States Department of Agriculture, Soil Conservation Service, September 1988). Based on the soil survey, the project site includes soil types 127 (Cajon sandy loam, 0 to 2 percent slopes) and 174 (Kimberlina fine sandy loam, 0 to 2 percent slopes). Soil types 127 and 174 meet the requirements for prime farmland if water for irrigation is available. 2) Availabilitvof irrioation water Irrigation water is currently available to the site. 3) Proximity to non-aoricultural uses Properties along the north side and southwest of the project site are designated and zoned for agricultural uses; the remaining surrounding properties are designated and zoned for residential land use. 4) Proximity to intensive oarcelization There are several existing and proposed subdivision tracts lying within one-half mile of the project site to the south, east and Vl.est as well as to the north, north of Panama Lane. 5) Effect on orooerties subiect to 'Williamson Act" land use contracts There are adjacent properties within the project's Zone of Influence that are currently under a Williamson Act land use contract. 6) Ability to be orovided with urban services (sewer. water. roads. etc.) The site is currently accessible via Progress Road and will be accessible via McCutchen and Old River Road in the future. Municipal sewer and water service are expected to be taken from McCutchen Road. 7) Ability to affect the aoolication of aoricultural chemicals on nearby aoricultural orooerties The proposal's level of impact to nearby agricultural properties is less than significant due to the restrictions and limitations on the use of agricultural chemicals that will result from other planned and approved residential developments in the immediate \1cinity. 8) Ability to create a orecedent-settino situation that leads to the oremature conversion of orime aoricultural lands The conversion of a substantial amount of prime agricultural land to urban development has been occurring in recent years in the vicinity of the project site, and additional urban development is planned and proposed in the area. Therefore, the proposal would not set a precedent in this regard. Page 2 of 5 ~ ~~KS'1> o ~ >- - '::: ~ Q ORIGINAt> 9) Demonstrated oroiect need Based upon the close proximity of the project site to other urbanizing lands, the proposal is considered a logical step in the orderly development of the City of Bakersfield. Urbanization of the site would allow for the incremental expansion of the infrastructure and public services that are being constructed and provided in the surrounding area and would help to meet the need for housing to accommodate the projected population growth in the Metropolitan Bakersfield General Plan area. 10) Necessity of buffers such as lower densities. setbacks. etc Properties along the north side and southwest of the project site and are designated and zoned for agricultural uses. The remaining surrounding properties are designated and zoned for residential and commercial land uses. Any contiguous properties designated or zoned for agricultural uses will require the necessary buffers to be applied during the Tentative Tract Map process. WHEREAS, by Resolution No. 250-06 on December 21, 2006, the Planning Commission recommended approval and adoption of General Plan Amendment No. 06-1014 subject to the "Mitigation/Conditions of Approval" listed in Exhibit "A" and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution and as restated herein; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on Wednesday, February 7, 2007, on General Plan Amendment No. 06-1014, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct. 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 250-06 on December 21,2006: a. All required public notices have been provided. b. The provisions of CEQA have been met. c. Based upon 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. d. The public necessity, general welfare and good planning practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. Page 3 of 5 ~~KS'1> J Ul "1'\ >- - l- m _ 1"- Q b ORIGINAL e. The land use designation change from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on 99.5 acres is compatible with the land use designations of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan. 3. That the applicant by prior written agreement to comply with all adopted mitigation measures contained within the Negative Declaration. 4. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals and findings incorporated herein are true and correct. 2. The Negative Declaration for the General Plan Amendment No. 06-1014 is hereby approved and adopted. 3. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 4. The City Council hereby approves and adopts General Plan Amendment No. 06- 1014, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located north of McCutchen Road between Old River Road to the west and Progress Road to the east listed in Exhibit "A." 5. That General Plan Amendment No. 06-1014, approved herein, be combined with other approved General Plan Amendment cases in this same cycle described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. ---------()()()-------- Page 4 of 5 ~"K~1> ~, ~ >- - m ':::. ,... Q b 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 February 7, 2007 by the following vote: V'" c./" .............. y-- .....-- ~ CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER ~ ABSTAIN: C~ COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~~ APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attomey By: /lid 'fr0 ~_ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map CG - S:\GPA 4th 2006\06-1 014\Resolutions\CC Resolution GPA 06-1 014.doc Page 5 of 5 <oAKS',,>> ~ ~ >- - l- m _ r- Q b ORIGINAL Exhibit A Mitigation/Conditions of Approval ~~KS',,>> ~ ~ >- iii ':; G Q ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-1014 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Qualitv 1. The proposed project will have air pollutant emissions associated with the construction and occupied use of the project site. 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 all air quality control measures required by the San Joaquin Valley Air Pollution Control District. Mitigation for potentially significant air quality impacts. Cultural Resource Mitiaation Measures 2. Although no cultural resources were found on the site, there is the possibility that unrecorded cultural resources or 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. 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. Noise Mitiaation Measures The proposed project will satisfy Metropolitan Bakersfield General Plan standards for exterior and interior noise levels if the following improvements are incorporated into the project: 4. Mechanical ventilation or air conditioning must be provided for all homes so that windows and doors may remain closed for the required acoustical insulation. Mitigation for potentially significant noise impacts. 5. Exterior doors, excluding glass doors, should be solid-core wood or insulated steel with perimeter weather-stripping and threshold seals. Mitigation for potentially significant noise impacts. 6. Construction activities shall comply with City of Bakersfield noise standards as to allowable hours of operation, use of adequate mufflers on all equipment, and placement of stockpiles, staging areas and semi-permanent mechanical equipment as far from noise-sensitive receivers as practical. Mitigation for potentially significant noise impacts. ~ ~AKS'~ o . ~ >- - ,_ m - l"- I,) b Page 1 of 9RIGINAl S:\GPA 4th 2006\06-1014\Staff Reports\Conditions Ex A.doc EXHIBIT A GPAlZC No. 06-1014 Mitigation/Conditions of Approval 7. A wall shall be constructed along any residences adjacent to the Sunset Railroad right-of-way. Prior to recordation of a final map, a final acoustical analysis shall be conducted to the satisfaction of the City Planning Department to confirm the required location and height of sound walls. Mitigation for potentially significant noise impacts. 8. Prior to recordation of a final map, a final acoustical analysis shall be conducted to the satisfaction of the City Planning Department to confirm that the acoustical barrier to attenuate noise levels from the Vulcan Asphalt Batch Plant has the required height and placement. Mitigation for potentially significant noise impacts. 9. Centralized heating/ventilation/air conditioning units (HVAC) shall be installed in second floor bedrooms that have a direct line-of-sight to off-site industrial activities. The HVAC units should be designated to supply two air changes per hour for each habitable room, with a minimum of 15 cubic feet per minute of outside air per occupant. The fresh air inlet duct shall be sound- attenuating construction and shall consist of ten feet of straight or curved duct plus one sharp 90- degree bend. Additionally, these affected units shall include double-paned or Sound Transmission Class (STC) rated windows. Mitigation for potentially significant noise impacts. Traffic ImDact Mitiaation Measures 10. 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. Mitigation for potentially significant traffic impacts. 11. 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, March 2006) and in the following tables: TABLE 1 INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION 1 Old River Rd & Harris Rd Install Signal - 1 EBL, 1WBL, 1 EBL, 1WBL 4.24% 1 NBL, 1 SBL Install Signal- 2EBL, 2EBT, 1 EBT, 1WBT, 2 Old River Rd & Panama Ln 2WBL, 2WBT, 1NBL, 1NBT, 1NBT,1SBT 4.43% 1 NBR, 1 SBL, 1 SBT 3 Gosford Rd & Panama Ln 1EBL, 2EBT, 2WBT, 1NBL, 1WBT 1.86% 1NBT, 1SBL, 1SBT 4 Old River Rd & Berkshire Rd Install Signal - 1 EBL, 1WBL, None None 1 NBL, 1 SBL Install Signal - 1 EBL, 1 EBT, 5 Old River Rd & McCutchen Rd 1WBL, 1WBT, 1NBL, 1NBT, None None ~p. S'''>> 1SBL, 1SBT, 1SBR x ~ >- - m '::: r- Page ~CJfI<I1NAP S:\GPA 4th 2006\06-1014\Staff Reports\Conditions Ex A.doc EXHIBIT A GPAlZC No. 06-1014 Mitigation/Conditions of Approval Install Signal - 1 EBL, 1WBL, 1 EBL, 1WBL 1 NBL, 1 SBL Install Signal - 1 EBL, 1 EBT, 7 Old River Rd & Taft Hwy SR 1191 1EBR, 1WBT, 1NBT, 1SBL1, 1NBT 1SBP Notes: Intersection is currently offset. Realign north approach to meet south approach. NB = Northbound SB = Southbound WB = Westbound EB = Eastbound 4.34% 6 Old River Rd & McKee Rd 4.16% R = Right-Tum Lane L = Left-Tum Lane T = Throu h Lane TABLE 2 ROADWAY IMPROVEMENTS AND LOCAL MITIGATION Gosford Rd: Pacheco Rd - Panama Ln Gosford Rd: Panama Ln - Berkshire Rd Panama Ln: Buena Vista Rd - Gosford Rd Panama Ln: Gosford Rd - Ashe Rd : Buena Vista Rd - Ashe Rd Add 2 lanes Add 2 lanes, Add median Add 2 lanes Add 1 lane, Add median Add 2 lanes None None None None None None None None None None Mitigation for potentially significant traffic impacts. ADDITIONAL CONDITIONS OF APPROVAL: Traffic (Public Works) 12. 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 Old River Road to arterial standards and Berkshire 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. 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. Please note that the alignment for Berkshire Road deviates from the half-section line. Match the alignment of Berkshire Road with that set by Tentative Tract 6359 at the west boundary line of the GPAlZC area. b. Comply with the comprehensive drainage study reviewed and approved by the City Engineer approved December 9, 2005, and dedicate any required retention site and necessary easements to the City. The sump on the property to the north and west of this GPAlZC ar~p.I(S'. (Tentative Tract 6359) has been sized to accommodate and serve this GPAlZC. J 1>e,P >- . ~ '::: ~ Page 3%RrGINAt> S:\GPA 4th 2006\06-1014\Staff Reports\Conditions Ex A.doc EXHIBIT A GPAlZC No. 06-1014 Mitigation/Conditions of Approval c. Submit a comprehensive sewer study to be reviewed and approved by the City Engineer. Study shall include verification of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. 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. 13. 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. 14. 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. 15. Provide access to the triangular area (APN 497-032-32) at the southeast corner of the GPAlZC area. For orderly development. 16. 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. 17. The developer is responsible for his proportionate share of the Berkshire Road crossing of the Sunset Railroad. This crossing must be operational prior to the recording of the phase with the 300th lot within this GPAlZC area. For orderly development. 18. A gas transmission line traverses this property. The sewer improvement plans for any development within this GPAlZC area shall show the transmission line - located vertically and horizontally. For orderly development. 19. With the improvements required for the recording of the final map containing the 200th lot, construct the improvements along the east west collector (Berkshire - or "Star Lake Parkway" as shown on T6359) from the west boundary for the GPAlZC area to Old River Road. These improvements shall include 32 feet of pavement plus 8' graded shoulders plus a separate paved pedestrian path. If the adjacent Tract 6359 constructs these improvements first, this condition will be considered as met. For orderly development. ~ ~F\K~?> o ~ >- - l- m _ t- 'J b Page>~catN"'- S:\GPA 4th 2006\06-1 014\Staff Reports\Conditions Ex A.doc EXHIBIT A GPAlZC No. 06-1014 Mitigation/Conditions of Approval 20. Local 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 Table 7 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: a. Old River Rd & Harris Rd, Add 1 EBL, 1 WBL, 4.24% share b. Old River Rd & Panama Ln, Add 1 EBT, 1 WBT, 1 NBT, 1 SBT, 4.43% share c. Gosford Rd & Panama Ln, Add 1 WBT, 1.86% share d. Old River Rd & McKee Rd, Add 1 EBL, 1 WBL, 4.16% share e. Old River Rd & Taft Hwy (SR 119), Add 1 NBT, 4.34% 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 potentially significant traffic impacts. 21. Regional Transportation Impact Fee: Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted residential fee in place at time of development. Mitigation for potentially significant traffic impacts. Aaricultural Conversion Mitiaation Measures lPlanninal 22. The applicant shall mitigate the loss of 92.37 acres of agricultural lands, on a one-to-one basis, by selecting one or more of the items described below. The applicant shall submit written verification of the applicant's compliance with this mitigation measure to the Planning Director's satisfaction at the time of recordation of final tract maps and parcel maps for urban development or support facilities as contemplated in the GPAlZC No. 06-1014. Compliance with this condition may be phased as the project is developed. The amount of agricultural land to be mitigated shall be equal to the amount of land being developed as each phase is developed. a. Funding and/or purchase of agricultural conservation easements. Such easements shall be accepted or purchased and monitored and enforced by a land trust or another appropriate entity. Funds may be used for easement purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. b. Contribution of agricultural land or equivalent funding to an organization that provides for the preservation of farmland in California. Funds may be used for purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. c. Purchase of credits from an established agricultural farmland mitigation bank approved by applicable governmental authority. d. During the life of the project, if the City of Bakersfield or other responsible agency adopts an agricultural land mitigation program that provides equal or more effective mitigation than measures listed above, the applicant may choose to participate in that alternate program to mitigate loss of agricultural land impacts. Prior to participation in the alternate program, the applicant shall obtain written approval from the City of Bakersfield agreeing to the participation, and the applicant shall submit written verification of compliance with the alternate program at the same time described above in the first paragraph. S:\GP A 4th 2006\06-1 014\Staff Reports\Conditions Ex A.doc <o~KS',,>> cJ- ~ >- :: ~ .) b Page 5~111NAL EXHIBIT A GPAlZC No. 06-1014 Mitigation/Conditions of Approval Agricultural land used for mitigation shall be of at least equal agricultural classification as the land being converted or be capable of being developed as such; that is, mitigation land shall be classified or developed as Prime Farmland, Farmland of Statewide Importance, etc., (as established by the California Department of Conservation in the Farmland Mapping and Monitoring Program), the mitigation acreage being at least equivalent in classification to the converted land, or being capable of producing the same or equivalent crops as the land being converted. Completion of the selected mitigation measure, or with the Planning Director's approval, a combination of the selected mitigation measures, can be on qualifying agricultural land within the San Joaquin Valley (San Joaquin, Stanislaus, Merced, Fresno, Madera, Kings, Tulare, Kern) or outside the San Joaquin Valley with written evidence that the same or equivalent crops can be produced on the mitigation land. Mitigation for potentially significant agricultural conversion impacts. Plannina 23. The following conditions, which address the PG&E High Pressure Gas Transmission Pipeline which traverses the GPAlZC area, shall be met to the satisfaction of the Planning Director: a. Concurrently with recordation of any phase of a tract map that includes the pipeline easement or portion thereof, the subdivider shall show the easement on the final map with a notation that structures including accessory buildings and swimming pools are prohibited within the easement and shall record a corresponding covenant. b. Prior to or concurrently with recordation of any phase of a tract map that includes the pipeline easement of portion thereof, the subdivider shall show on the final map that no habitable portion of a structure will be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches of cover, and shall record a corresponding covenant. c. No structure shall be built within 40 feet of a hazardous liquids pipeline bearing refined product, with 48 inches or more of cover. If a pipeline meets this criteria, the 40-foot setback line shall be shown in the final map and a corresponding covenant shall be recorded prior to or concurrently with recordation of any phase that is affected. d. Prior to or concurrently with recordation of any phase of a tract map within 250 feet of the pipeline easement, the subdivider shall record a covenant disclosing the location of the pipeline on all lots of the subdivision within 250 feet of the pipeline. For health, safety and welfare. City Attornev 24. 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. ~ ~AKS',,>> o % >- m ~ r- Page%RfGlNAP S:\GP A 4th 2006\06-1 014\Staff Reports\Conditions Ex A.doc EXHIBIT A GPAlZC No. 06-1014 Mitigation/Conditions of Approval a. 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. b. 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. S:\GPA 4th 2006\06-1014\Staff Reports\Conditions Ex A.doc ~ <oAKS'-'$> O. ~ >- "- m '::: ,... Pl?~I~ltlA~ Exhibit B General Plan Amendment Map ~I\Kf-'$> ~ % >- m ':.: r- o b ORIGINAL :f ::J o~ ~ .... !S 8 ~ ~ ~I .... z ~0 2~ ~.. !S 01 ~I 8 . ~ !S 0 ~ ~ 0 avo~ a~O='SOD ~ lj I !Ii (0 0 ill I ..... h ALNnOO Z AL/O W II ::J IU ~ !S I 0 Z AL/O W ALNnoo ~ ~ !S <C ~ Z II:: Z ~ ::i !S w :::J :J: !S ~ 5 0 a. !S !I -.J <C 0:: w Z !S W !S !S C> !S !S ~ ~ . JGTISB ................ ~ !S j~. I 5< ~A/(~-'$> l~ 8 . o (p !S I ~ . -(\ !S ~ CITY OF BAKERSFIELD GENERAL PLAN LAND USE DESIGNATIONS RR Rural Residential LI Light Industrial 2.5 gross acres/dwelling unit 51 Service Industrial ER Estate Residential 1 dwelling unit/net acre HI Heavy Industrial 5R Suburban Residential ----- s 4 dwelling units/net acre P Public Facilities 5R1LR County: S 4 dwelling units/net acre City: S 7.26 dwelling units/net acre P5 Public/Private Schools LR Low Density Residential PT Public Transportation Corridors S 7.26 dwelling units/net acre P-SW Solid Waste Facilities LMR Low Medium Density Residential > 4 units but s 10 dwelling units/net acre OS Open Space HMR High Medium Density Residential 05-P Parks and Recreation > 7.26 units but s 17.42 dwelling units/net acre 05-5 Slopes exceeding 30% HR High Density Residential > 17.42 units but s 72.6 dwelling units/net acre R-IA Resource - Intensive Agriculture 20 acre minimum parcel size ----- R-EA Resource - Extensive Agriculture HC Highway Commercial 20 acre minimum parcel size 80 acre min (Williamson Act) GC General Commercial R-MP Resource - Minerals & Petroleum MC Major Com mercial 5 acre minimum parcel size OC Office Commercial MUC Mixed Use Commercial General Plan Street Classification Freewavs provide service to through traffic exclusively with no access to abutting property and no at-grade intersections. EXDresswavs are arterial highways with partial control of access which mayor may not be divided or have grade separations at intersections, and may be an interim facility for an ultimate freeway. Arterials are used primarily by through traffic with a minimal function to provide access to abutting property. Collectors function to connect local streets with arterials and to provide access to abutting property. Locals are exclusively for property access and through traffic is discouraged. ~~KS'-'$> ~ ~ S:\Fonns\zone-gp.doc >- r I:::;. r v ORIGINAE'