The URL can be used to link to this page

Home My WebLink AboutORD NO 4419 ORDINANCE NO. 4411 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 104-07) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULUTRE) TO R-1 (ONE FAMILY DWELLING) ON 20.5-ACRES AND A-HD (AGRICULTURE - HILLSIDE DEVELOPMENT) TO R-1-HD (ONE FAMILY DWELLING - HILLSIDE DEVELOPMENT) ON 20.5-ACRES, LOCATED ON THE NORTH SIDE OF MORNING DRIVE, APPROXIMATELY ONE-QUARTER MILE NORTH OF THE PALADINO DRIVE/MORNING DRIVE INTERSECTION (ZC 06-1018). 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 that certain property within the City of Bakersfield generally located on the north side of Morning Drive, approximately one-quarter mile north of the Paladino Drive/Morning Drive intersection; and WHEREAS, by Resolution No. 257-06 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. 06-1018 as delineated on attached Zoning Map 104-07 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 A (Agriculture) to R-1 (One Family Dwelling) on 20.5 acres and A-HD (Agriculture - Hillside Development) to R-1-HD (One Family Dwelling - Hillside Development) on 20.5 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 November 22, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for low density 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. 257-06, adopted on December 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. 1 ~ 'O~/(~-9 o % >- - I- rn - ,... <.:> 0 ORIGINAL 4. The proposed project is consistent with the 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." 7. 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 within the City of Bakersfield, the boundaries of which property are shown on Zoning Map 104-07 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. 06-1018. 2 I. 'O~l\(:--9 cl' U.., >- rT I- r (3 0 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 ~ 'Ot>.K~-9 o % ;:.... - I- l'TI - ,.... <.:> 0 ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted ~ the Council of the City of Bakersfield at a regular meeting thereof held on tA&\F 1 4 200 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ./ ./ J ./ v COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER ~ COUNCILMEMBER ~. COUNCILMEMBER c..curJ.. I ~iL1l1^,,- PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio CI rk of the Council of the City of Bakersfield HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: /}iX>>Fh ~_ Exhibit A - Zoning Map 104-07 B - Zone Change Legal Description C - Mitigation/Conditions of Approval JS - S:\GPA 4th 2006\06-1018\Resolution\CC ZC Ordinance.doc 4 ~ 'Of/./(~-9 o % >- - I- l'TI - ,.... <.:> 0 ORIGINAL Exhibit A Zone Map 104-07 ~ 'Ot>.K~-9 o % :>- - I- l'TI - ,.... <.) 0 ORIGINAL 1'-. o~ I Ii ~ o ~ =; I ... .;1 -". ill !: . " . ~- ; 9~ I; I I 9 If II 2 I ; I 'I ' ~III ~ ! I I a! I, I:tl~il~i!lililll II! !I, !Iil~.! I~ lil"illlJ!JIJ,.,,~ I~H li, u..;. i"l: j ii:i~i~~hll:ili JUI I IIhs2 II ~!9~! 2iii!;f! !!'i8~ ~ I iidl;I:U Su ;;1 li..i.a."I-~'I.I..ai . ;~.I~c"w~"'~ I ;.II;li~iijilt! jllt~llllli!jlll~~tlii co.. ' ~ 4d:,~ ~:Et-= 1&1 lI:: ~C) Z ~Zb 5~~ IL v I _=.1 _5,.. iixi it IH ~i ff 5:' sl ..:.... ....~. 1ft .. cI O_NOd__ ! I ,..~ .~~~ ~~~~ ~ ~ =1~~~~~k~llc~~3Iot=t~.=11 ZONE CH.ANGE 06.-.1018 tItT._ .,.", _ ~ .- +. o , I , I --....----I...-------r-----~~ f , I.. l I , , I 3 I ! O. ~. 'I , I N I i .L' . ., , 1 , , , r' ~ ." Z I ! 1- N " II: I I I I " , l ": I , I , o : . ~ 'I ' 1 i : ;U. I" .. -, I .: , . -, . '---~- --,--- -- -----......,.- -,---..,-----.-,----- Ii. /', '. I., 1'';' I 1+." ' '--- - . I, .Q! :Ie 1 c ,a:/ \, '" ,.+:u r .~ ,I '.,;/! II', ",:II _~ N . ( , . . \ ",fit: I NiS " 'dt. I 'a, ,., II: ; \ S ' " " I I' I ,." g ,'I I I' . .:t . , I . I ,I \' II: ): , I , I' I . l' " I I I " ,: I : I : ' '-.... I I I I ' .... I I I" ' .. .--. - .. - ......., - . I I ' 'I I , .... I ' I \. I . " r, . " r '\ I I ., r. \ I i \ I t \ I - \ , \ : . \ ' . +--------- ~--------- ------ .., ., '., ; ,! its. 'I .~ d:: '. 0' ...0 . :a:: 01 ~":" ceO:: e":" ceO:: ". ff1f ,." .. ~ i -----..,------- ;:1 I. I I I I . 1 I it:a. " Zi J . :':, ,I - - - __"";1-, __ _ _ ___ 1- :i: 'd:: c s! .a I I I ~ ~ I . : p I . .~ + !t l I a !I~ii ~~it !!!b. 'uf i$..~ I'. Jill . hi! In :~ <0 ~ -9<f! ZONING MAP 104-07 0 ~ :>- m I- ,.... Q 0 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.ldwelling 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 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 Planned Unit Development HD Hillside Development Combining PUD TT Travel Trailer Park MH Mobilehome S:\Forms\zoneDistricts.doc 'Ot>.K~-9 ~ % :>- - I- rn _ r- o 0 ORIGINAL Exhibit B Zone Change Legal Description 'Ot>./(~-9 ~ % :>- - I- l'TI - ,.... o 0 ORIGINAL EXHIBIT" A" "A-HD" Zone to "R-I-HD" Zone All that portion of Section 7, Township 29 South, Range 29 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County ofKem, State of California, more particularly described as follows: The North Half of the Northwest Quarter of the Southwest Quarter of said Section 7. Containing 20.5 acres, more or less. 'stie M. Achee, L.S. 8189 License Expires 12/31/06 Quad Knopf, 11/09/06 L:\Projects\2006\060138\OOCS\Legals\110806 A-HD to RI-HD.doc Exhibit "A" - Page 1 of 2 ~ 'O~K~-9 o ~ >- - I- m - r- o t:J ORIGINAL EXHIBIT "A" "A" Zone to "R-l" Zone All that portion of Section 7, Township 29 South, Range 29 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: The South Half of the Northwest Quarter of the Southwest Quarter of said Section 7. Containing 20.5 acres, more or less. ~~~ Kristie M. Achee, .S.8189 ( VoG License Expires 12/31/06 Quad Knopf, 11/09/06 L:\Projects\2006\060138\OOCS\Legals\110806 A to Rl.doc Exhibit "A" - Page 2 of 2 ~ 'O"'/(~-9 o % >- - I- rn _ r- o t::1 ORIGINAL " ~~ ~ ...... i=o 5l: IIlz 0\::) NO o Q. . i:9 IIlw z- ~~ t-ffi .lil: ""05 z..... ~o ~l: lIlo~ .....wz 0J:0:: 0::1-l? ~z:i 0::-< < .0 ::)z..... o~o Iii it: WI- WW ~:~ l7lw~ w~~ i=o ..J 15~ 0::0 ~~ o~ ~~ J: li:g: Ow z" wz i:~ ~ (.:) ~ dB ~~ ::! :!; ~ G'5 ~;:) ~~~fn 9 ~~ ~ l3 .~ ~ -I 0:: Cl..:!; V'I o c ~l:it tf ~ Vi'<o~ C) ~-.l"f~ ~ ..... O~It)~ ..... -J ~~'t)lf 8 ..... 9S50 -J en ;:) o z S ~ 0::1 -10:: ~ ~ V'I Z ..!. ~ 2 ck >- >- ~ ~ - ~ ~ 0 .... .... ~ ~ ~ 1..L.t:!; (.:)~ 2~ :z: ...... i;J :JI.!:! 5[jj ~~ ~O OL.,J (.:)L.,J >-Q "11(9 ::! Vi l&J ~ :!;-.l ~...... ~~ ~~ I -I..c: ~:S ~:":: o'i L..,j ~ ~ I "II( 4>, .~ ,L~'fZfl 3,.tl.Ll.DOS -i CI.l I en CI.l I o en " ~ ~Q ~ Q=r~~c::a~ ~""~t)=1 0.!t)!J:~ g,.-enti Q OQDila~~ g: ~ ~ .~ ~ ciOIt)~aZ i-:I ~ c:) ~ ~ D::N- Qg,. t) ~ Z ~ ti ~ a D:: g,. ....en D:: I en i-:I D:: ~ Q t) ~Q en CI.l ~ Dil o CI.l a:: c..~ ~ 00 It) D:: D:: . g.. g,. ~ N ~ Cl. Q... :Ie I .....: ~t) ! :2 t)! I ~5 ! ~ s<1lI1 Z co Dil ~ b; ~ ,~ ~o~ ~o ~~ ~/~ \S\ , !n !'Iii IS ~I 0. o c:: ~..~ W ""(0 I a .... ~ ~ l.&J ,,(.j ~! n~ ~::;) L...~ 00) Q::C'\I ~Cl.. ~~ Oi ~e ~ l ~ ~ "i I ,If'tZl:. ). -~, .- M.Dt.I 1.DON ~ '~ I I- "'0 '"?- 4>, ,~ ~o ~~ E z"t 0 I ~~~ 1- ~ I I ,9f'tZfl M.Dt,II.DON Exhibit C Mitigation/Conditions of Aproval ~ 'O~J(~~ ~ 1 ORIGINAL, EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-1018 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Qualitv: 1. 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: a. The following mitigation measures shall be utilized during the construction phase of the project to reduce construction exhaust emissions: . All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. . All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. . All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. . With the demolition of buildings up to six stories in height, all exterior surfaces of the building shall be wetted during demolition. . When materials are transported off-site, all materials shall be covered, of effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. . All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden. . Following the addition of materials to, of the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. . Within urban areas, track out shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. b, Additional enhanced control measures are desirable where feasible and include: . Limit traffic speeds on unpaved roads to 15 mph. . Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent. c. Additional measures should be considered for reducing emissions from construction emissions. The District's GAMAQI suggest the following measures: ~ 'O"'I(~~ ~ 1 ORIGINAL Exhibit C GPAlZC No. 06-1018 Mitigation/Conditions of Approval . Use of alternative fueled or catalyst equipped diesel construction equipment. . Minimize idling time (e.g., 10 minute maximum), . Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use, . Replace fossil-fueled equipment with electricity driven equivalents (provided they are not run via a portable generator set). . Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. . Implement activity management (e,g. rescheduling activities to reduce short-term impacts). Mitigation for potentially significant air quality impacts. Cultural Impact Mitication Measures: 2. 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. 3. 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. Biolocical Resource Mitication Measures: 4. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U,S.C, 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the take. possession. or destruction of birds. their nests or eccs, To avoid violation of the take provisions of these laws generally requires that project-related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1 - August 15, annually). Disturbance that causes nest abandonment and/or loss of reproductive effort (e,g" killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and/or imprisonment. The burrowing owl is not covered under the Metropolitan Bakersfield Habitat Conservation Plan. Should you know or suspect burrowing owls inhabit your construction site or project area, you Page 2 of 7 <:S< 'Ot>.I(~\ 5 g ORIGINAL Exhibit C GPAlZC No. 06-1018 Mitigation/Conditions of Approval should contact a qualified biologist to assist you in addressing the issue prior to ground disturbance, Mitigation for potentially significant biological resource impacts, 5. Prior to recording the first final map, the project applicant shall submit evidence of compliance demonstrating that either permits or waivers have been obtained for the wash/intermittent channel running through the project site. Mitigation for potentially significant biological resource impacts. 6. Although no evidence of the kit fox was found on the project site, since they are known to exist in the general area all construction personnel be trained 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, shall be avoided and reported to the reviewing agencies for resolution. Mitigation for potentially significant biological resource impacts, 7. A preconstruction clearance survey be conducted within 30 days of initial ground disturbance 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, CDFG, and USFWS. Mitigation for potentially significant biological resource impacts. 8. 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 in BNLL are present on the project site, Any evidence shall be reported to the reviewing agencies for resolution. Mitigation for potentially significant biological resource impacts. Traffic Impact Mitiaation Measures: 9. Prior to issuance of any building permit, 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. 10. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor include with normal development improvements) as indicated in Tables 4-2 of the traffic study (VRPA Technologies, Inc., June 2006). 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. The recommended mitigations can be found in Table 1: Mitigation for potentially significant traffic impacts. Page 3 of 7 ~ 'OM~-9 o % ;:.... - I- rn - ,.... o 0 ORIGINAL Exhibit C GPAlZC No. 06-1018 Mitigation/Conditions of Approval Table 1 Future Intersection Improvements and Local Mitigation Local Mitigation Project % Share # Intersection Total Improvements Required by (Improvements for Local 2030 not covered by Mitigation RTIF) 1 SR 178 and Install Traffic Signal Install traffic Signal 1,7% Morning Drive Notes: NB = Northbound, SB = Southbound, WB = Westbound, EB = Eastbound L = Left Turn Lane, T = Through Lane, R = Right Turn Lane Public Works: 11. 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 Morning Drive to arterial standards for the full frontage of the area within the GPA request, if necessary. 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. For orderly development. b. This GPAlZC area is too small to support it's own storm drainage sump, Along with submittal of improvement plans, a drainage study for the subdivision shall be submitted for review and approval by the City Engineer. The scope of the study shall include the entire upstream and downstream area to the drainage area's terminal facilities or outlet into the river and what facilities or structures will be needed. As this area will drain to the Kern River the applicant shall be required to conform to the Clean Water Act requirements, This area will receive storm water for adjoining properties and shall be required to provide a means of channeling the flows to the Kern River. For orderly development, c. Sewer service must be provided to the GPAlZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property, This 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 Page 4 of 7 I. 'O~I(~<9 cl' .~ ;:.... - t- m _ r- (.) c;, ORIGINAl Exhibit C GPAlZC No. 06-1018 Mitigation/Conditions of Approval generated through development under the new land use and zoning. For orderly development. 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. 12. 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. 13, 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. 14, Access to the project area from Paladino Drive 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, Additionally, the developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for construction of Morning Drive. If the improvement referred to above is constructed along the future Morning Drive alignment, this shall be considered as a reimbursable expense against their proportionate share of Morning Drive. For orderly development. 15. Local Mitication 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 4-2 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: Morning Dr & Hwy 178, Interim signalization, 1.7% share Mitigation for potentially significant traffic and circulation impacts. Page 5 of 7 ti< fQ~Kt\ 5 f ORIGINAL Exhibit C GPAlZC No. 06-1018 Mitigation/Conditions of Approval 16. Recional Transoortation Imoact 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. For orderly development. Hazards and Hazardous Materials 17. With the submittal of any tentative subdivision map application for areas containing, or which formerly contained, oilfield equipment and facilities, the applicant shall submit a site assessment containing the findings of soils sampling conducted to determine the presence or absence of hazardous materials to the satisfaction of the Bakersfield Fire Department (Prevention Services Division). In the event hazardous materials are present, a Remediation Plan shall be submitted together with the tentative subdivision map application to the satisfaction of the local Unified Program agency (Prevention Services Division, Bakersfield Fire Department). Mitigation for potentially significant hazards and hazardous materials impacts. Paleontolocical Resources: 18. If paleontological resources are encountered during construction, a qualified paleontologist shall be retained by the developer to evaluate the significance of the resources and formulate a mitigation program if necessary. The paleontologist shall coordinate with the City of Bakersfield Planning Department. Mitigation for potentially significant paleonto/ogica/ resource impacts. Hillside Develooment: 19.a. With submission of any tentative tract map or grading plans, the Planning Director, Building Director, or City Engineer may require the submittal of any or all of the following: a geotechnical report, a geology report, and a drainage concept report which demonstrate compliance with this condition to the satisfaction and approval of the Building Director. Mitigation for potentially significant geotechnical impacts. 19.b. Subdivision applications shall provide information and adhere to development standards required under Bakersfield Municipal Code Section 17.66. Mitigation for potentially significant geotechnical impacts. Ooen Soace Maintenance: 20. Areas left in natural open space shall be maintained by a homeowners association or other appropriate entity approved by the City, For orderly development. Citv Attornev: Page 6 of 7 'O~~~ ~ ~ 5 ! ORIGINAL Exhibit C GPAlZC No. 06-1018 Mitigation/Conditions of Approval 21, 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. JS:S:\GPA 4th 2006\06-1 018\Staff Reports\Conditions Ex A-1,doc Page 7 of 7 ~ 'O~K~-9 o ~ 5 ~ 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 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. 4419 , 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 104-07) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 20,S-ACRES AND A-HD (AGRICULTURE - HILLSIDE DEVELOPMENT) TO R-1-HD(ONEFAMIL Y DWELLING - HILLSIDE DEVELOPMENT) ON 20.5-ACRES, LOCATED ON THE NORTH SIDE OF MORNING DRIVE, APPROXIMATELY ONE-QUARTER MILE NORTH OF THE PALADINO DRIVE/MORNING DRIVE INTERSECTION (ZC 06-1018), PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield ~~ S:\DOCU MENT\FORMS\AOP,ORD,wpd 3/15/2007 ~ 'OA/(~"9 () % ;:.... - I- rn - ,... o D ORIGINAL