HomeMy WebLinkAboutORD NO 4415
ORDINANCE NO. 4 4 1 5
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAPS 104-17
and 104-20) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM C-2
(REGIONAL COMMERCIAL) TO R-2/PUD (LIMITED MULTIPLE
FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON
37.74 ACRES AND R-1 (ONE FAMILY DWELLING) TO R-21PUD
ON 9.51 ACRES, GENERALLY LOCATED ALONG THE NORTH
SIDE OF HIGHWAY 178, EAST OF THE FUTURE EXTENSION
OF VINELAND ROAD, SOUTH OF CITY HILLS DRIVE, AND
WEST OF CANTERIA DRIVE (ZC NO. 06-0940).
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 along the north side of Highway 178, east of the future extension
of Vineland Road, south of City Hills Drive, and west of Canteria Drive; and
WHEREAS, by Resolution No. 255-06 on December 21, 2006, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-0940 as delineated on attached Zoning Maps
104-17 and 104-20 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 C-2 to R-2/PUD
on 37.74 acres and R-1 to R-2/PUD on 9.51 acres, and the Council has considered said
findings as restated herein and all appear to be true and correct; and
WHEREAS, the laws and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEOA, the State CEOA Guidelines, and the City of
Bakersfield CECA Implementation Procedures, have been duly followed by city staff and the
Planning Commission; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
October 27, 2006, in accordance with CEOA; 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. 255-06, adopted on
December 21,2006:
1. All required public notices have been given.
Page 1 of 3
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ORIGINAL
2. The provisions of the California Environmental Quality Act have been
followed.
3. Based on the intial study and comments received, staff has determined
that the proposed project could not have a significant effect on the
environment. A Negative Declaration was prepared for the project in
accordance with CEQA.
4. The proposed project is consistent with surrounding land 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."
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 Maps 104-17 and 104-20 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.
06-0940.
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.
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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 March 14, 2007 by the following
vote:
AYES: COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CARse;-N BEN~M. W~ COUCH. HA~. SULLIVAN. SC~R
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PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio CI rk of the
Council of the City of Bakersfield
APPROVED MAR 1 4 2007
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: f&;t0Jrt, ~
Exhibit A - Zoning Maps 104-17 and 104-20
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
CG - S:\GPA 3rd 2006\06-0940\Resolutions\CC ZC Ordinance 06-0940.doc
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Exhibit A
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104 - 20 ORIGINAL
CITY OF BAKERSFIELD
ZONING DISTRICT 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 PCD Planned Commercial Development
R-S-2.SA Residential Suburban M-1 Light Manufacturing
2% acre minimum lot size
M-2 General Manufacturing
R-S-SA 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 HOSP Hospital Overlay
6,000 sq.ft. minimum lot size
1,250 sq.ft. lot area/dwelling unit AD 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
HD Hillside Development Combining
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
S:\Forms\zoneDistricts.doc
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ORIGINAL
Exhibit B
Zone Change Legal Description
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ORIGINAL
EXHIBIT "An
CITY OF BAKERSFIELD
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
PROPOSED R-2/PUD (FROM C-21
BEING A PORTION OF LOT "C" OF LOT LINE ADJUSTMENT NO. 05-1188 AS EVIDENCED BY
THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED ON NOVEMBER 1, 2005 AS
DOCUMENT NO. 0205303329 OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN
COUNTY RECORDER. ALSO BEING A PORTION OF THE SOUTHWEST QUARTER OF
SECTION 17 AND A PORTION OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP
29 SOUTH, RANGE 29 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 17, BEING MARKED BY A 2
INCH IRON PIPE WITH PENNY BRASS TAG STAMPED "LS 4383" PER PARCEL MAP NO.
11013, FILED FOR RECORD IN PARCEL MAP BOOK 53 AT PAGES 130 THROUGH 146 IN THE
OFFICE OF THE KERN COUNTY RECORDER, SAID POINT ALSO BEING ON THE WESTERLY
LINE OF SAID LOT "C"; THENCE ALONG THE FOLLOWING SEVEN (7) COURSES:
1) NORTH 00028'09" EAST, ALONG THE WESTERLY LINE OF SAID SOUTHWEST
QUARTER AND SAID WESTERLY LINE, A DISTANCE OF 1,321.84 FEET TO THE
NORTHWEST CORNER OF SAID LOT "C"; THENCE
2) SOUTH 89031'51" EAST, ALONG THE NORTHERLY LINE OF SAID LOT "C", A
DISTANCE OF 460.09 FEET TO THE BEGINNING OF A CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 2,000.00 FEET; THENCE
3) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06016'59", AN
ARC DISTANCE OF 219.32 FEET; THENCE
4) DEPARTING SAID NORTHERLY LINE, SOUTH 07027'40" EAST, A DISTANCE OF 187.51
FEET; THENCE
5) SOUTH 37026'50" EAST, A DISTANCE OF 1,328.10 FEET TO THE SOUTHERLY LINE
OF SAID LOT "C", SAID POINT ALSO BEING 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 22052'15" WEST; THENCE
6) WESTERLY ALONG SAID CURVE AND SAID SOUTHERLY LINE, THROUGH A
CENTRAL ANGLE OF 18030'19", AN ARC DISTANCE OF 1,574.52 FEET TO THE WEST
LINE OF THE NORTHWEST QUARTER SAID SECTION 20; THENCE
7) NORTH 00022'46" EAST, ALONG SAID WEST LINE, A DISTANCE OF 281.18 FEET TO
THE POINT OF BEGINNING.
CONTAINING 37.74 ACRES, MORE OR LESS.
PROPOSED R-2/PUD (FROM R-11
BEING A PORTION OF LOT "C" OF LOT LINE ADJUSTMENT NO. 05-1188 AS EVIDENCED BY
THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED ON NOVEMBER 1, 2005 AS
DOCUMENT NO. 0205303329 OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN
COUNTY RECORDER. ALSO BEING A PORTION OF THE SOUTHWEST QUARTER OF
SECTION 17, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Q:\PROJECTS\035017 .1"5\LEGALS\351715ZC01,doc GC 11/8106
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ORIGINAL
EXHIBIT "A"
CITY OF BAKERSFIELD
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
(CONTINUED)
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17, BEING MARKED BY A
2 INCH IRON PIPE WITH PENNY BRASS TAG STAMPED MLS 4383" PER PARCEL MAP NO.
11013, FILED FOR RECORD IN PARCEL MAP BOOK 53 AT PAGES 130 THROUGH 146 IN THE
OFFICE OF THE KERN COUNTY RECORDER, SAID POINT ALSO BEING ON THE WESTERLY
LINE OF SAID LOT MC"; THENCE NORTH 00028'09" EAST, ALONG THE WEST LINE OF SAID
SOUTHWEST QUARTER AND SAID WESTERLY LINE, A DISTANCE OF 1,321.84 FEET TO
THE NORTHWEST CORNER OF SAID LOT MC"; THENCE SOUTH 89031'51" EAST, ALONG THE
NORTHERLY LINE OF SAID LOT MC", A DISTANCE OF 460.09 FEET TO THE BEGINNING OF A
CURVE, CONCAVE NORTHERL Y, HAVING A RADIUS OF 2,000.00 FEET; THENCE EASTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06016'59", AN ARC DISTANCE OF
219.32 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING NINE (9)
COURSES:
1) CONTINUING EASTERLY ALONG SAID CURVE AND SAID NORTHERLY LINE,
THROUGH A CENTRAL ANGLE OF 15015'49", AN ARC DISTANCE OF 532.80 FEET;
THENCE
2) NORTH 68055'21" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE
OF 34.37 FEET TO AN ANGLE POINT; THENCE
3) SOUTH 22016'48" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE
OF 0.44 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 2,000.00 FEET, FROM WHICH POINT A RADIAL
LINE BEARS SOUTH 22016'48" EAST; THENCE
4) EASTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY LINE,
THROUGH A CENTRAL ANGLE OF 01012'09", AN ARC DISTANCE OF 41.98 FEET;
THENCE
5) NORTH 68055'21" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE
OF 47.24 FEET TO THE NORTHEAST CORNER OF SAID LOT MC"; THENCE
6) SOUTH 21004'39" EAST, ALONG THE EASTERLY LINE OF SAID LOT MC", A DISTANCE
OF 639.00 FEET TO AN ANGLE POINT; THENCE
7) SOUTH 68055'21" WEST, CONTINUING ALONG THE EASTERLY LINE OF SAID LOT
"C", A DISTANCE OF 539.36 FEET; THENCE
8) DEPARTING SAID EASTERLY LINE, NORTH 37026'50" WEST, A DISTANCE OF 549.59
FEET; THENCE
9) NORTH 07027'40" WEST, A DISTANCE OF 187.51 FEET TO THE POINT OF
BEGINNING.
CONTAINING 9.51 ACRES, MORE OR LESS.
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Q:\PROJECTS\035017 .15\LEGALS\351715ZC01.doc GC 11/8/06
Exhibit C
Mitigati()n/Conditions of Approval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-0940
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. In addition to compliance with San Joaquin Valley Air Pollution Control District (SJVAPCD)
Regulation VIII and the City of Bakersfield air quality regulations, the following mitigation
measures shall be utilized during the construction phase of the project to further reduce particulate
dust and equipment exhaust emissions:
a. Cover all access roads and parking areas with asphalt-concrete paving.
b. Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict the use of
cutback, slow-cure and emulsified asphalt paving materials,
c, Use water sprays or chemical suppressants on all paved areas to control fugitive emissions.
d. Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions.
e. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour
period).
f, Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction
site,
g. All haul trucks should be covered when transporting loads of soil.
h. Wash off construction and haul trucks to minimize the removal of mud and dirt from the
project sites.
i. Properly and routinely, maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
J, Shut down equipment when not in use for extended periods to reduce emissions associated
with idling engines.
k, Encourage ride sharing and use of transit transportation for construction employee
commuting to the project sites,
I. Use electronic equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
Mitigation for potentially significant air quality impacts.
2,
The following transportation control measures and design features shall be incorporated into the
project to reduce emissions from mobile sources:
a. Improve street and traffic signals for those intersections and street segments that the
proposed project contributes traffic,
b, Use 10w-NOx emission water heaters.
c. Provide shade trees to reduce building cooling requirements.
d, Install energy-efficient and automated air conditioners.
e. Exterior windows shall all be double-paned glass.
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f. Energy-efficient (low-sodium) parking lights shall be used,
g, Use EPA-approved wood burning stoves, fireplace inserts or pellet stoves in lieu of
conventional fireplaces.
Mitigation for potentially significant air quality impacts,
Bi()loaical Res()urces
3. 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.
4. 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 qualified biologist shall conduct a preconstruction clearance survey of the project site 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,
5. Prior to the issuance of a grading permit, the project applicant shall comply with the following
raptor nest mitigation:
a. If site grading is proposed during the raptor nesting season (February-September), a qualified
raptor biologist shall conduct a focused survey for raptor nests 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 mU~~1(~~
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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.
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 bone bed,
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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.
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.
N()ise
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 SOU~"1(€:
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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 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.
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
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.
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
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
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. Install half width of SR 178 and Masterson Street along the project frontage,
. 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:
Install Panorama between Queen Street and Masterson Street
Install the onsite Collector Loop Street
Install Valley Lane between Panorama Drive and Paladino Drive
Install Queen Street between Panorama Drive and Paladino Drive
Mitigation for potentially significant traffic impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Traffic (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 Road, City Hills Drive to arterial or collector
standards and Hwy 178 to freeway standards plus any necessary slope easements for the full
frontage of the area within the GPA request. Dedications shall include sufficient widths for
expanded intersections and on and off ramps 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 the developer shall follow the
requirements, build the proposed improvements and pay the necessary fees of the 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, This area is within the Northeast Sewer Area and the developer shall follow the requirements,
build the proposed improvements and pay the necessary fees of the area. Submit verification
to the City Engineer of the Northeast sewer system's capability to accept the additional flows
to be generated through development under the new land use and zoning.
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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. Minimum curb to curb width within the GPA/ZC area (including the PUD) is 36 feet.
For orderly development
25, Access to the project area from Vineland Road Avenue is provided by a sub-standard road. 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, We recommend that the development be required to pay into the adopted Regional Traffic Impact
Fee fixed rate program.
For orderly development.
27. This GPA/ZC is subject to Transportation Impact Fee Agreement No, 04-277,
For orderly development.
Native American Cultural Resource Mitiaation Measures (Plannina)
28. Prior to any ground disturbance, all earth moving contractors and employees shall attend a
"tailgate" session informing them of archeological resources that could be discovered and
protection measures to be followed for the project. The orientation shall be conducted by a
qualified archaeologist and shall include information regarding Native American cultural resources,
summary of applicable environmental law, procedures to follow if potential artifacts are found, and
measures intended to reduce impacts.
Mitigation for potentially significant cultural resource impacts.
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29. Prior to grading plan approval, the applicant's archaeologist 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 cultural resource impacts.
City Attornev
30. 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.
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,
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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 15th
day of March, 2007 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No, 4415 ,passed
by the Bakersfield City Council at a meeting held on the 14th day of March, 2007 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONING MAP 104-17 AND 104-20) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM C-2 (REGIONAL COMMERCIAL) TO
R-2/PUD ON 9.51 ACRES, GENERALLY LOCATED ALONG THE
NORTH SIDE OF HIGHWAY 178, EAST OF THE FUTURE EXTENSION
OF VINELAND ROAD, SOUTH OF CITY HILLS DRIVE, AND WEST OF
CANTERIA DRIVE (ZC NO, 06-0940).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
B~M~
DEP Y Ci y Clerk
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3/15/2007
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