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HomeMy WebLinkAboutORD NO 4420 ORDINANCE NO. 4 4 2 0 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 102-05) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM E (ESTATE RESIDENTIAL) TO R-1 (ONE FAMILY DWELLING) ON 39.41 ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF ETCHART ROAD, BETWEEN CALLOWAY DRIVE AND COFFEE ROAD (ZC NO. 06-1692). 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 upon annexation generally located on the north side of Etchart Road, between Calloway Drive and Coffee Road; and WHEREAS, by Resolution No. 259-06 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. 06-1692 as delineated on attached Zoning Map 102-05 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 E to R-1 on 39.41 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 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, a Negative Declaration with mitigation was advertised and posted on November 1, 2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 259-06, 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. Page 1 of 3 ~ 'OAK~~ ~ ~ 5 & ORIGINAL 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. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map 102-05 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. 06-1692. 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. ....--...()o()...---..- Page 2 of 3 ~ 'OAK~-9 o ~ >- - I- m _ r- <.) 0 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 CA~N. BEN~M. W~ COUCH. HA~N. SULLIVAN. SC~NER lUnUL f\Pl\.l..- (!DI~,41ALll~ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio erk of the Council of the City of Bakersfield APPROVED MAR 1 4 2007 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney BY:~Yh,~ Exhibit A - Zoning Maps 102-05 B - Zone Change Legal Description C - Mitigation/Conditions of Approval CG - S:\GPA 3rd 2006\06-1692\Resolutions\CC ZC Ordinance 06-1692.doc Page 3 of 3 ~ 'OAK~-9 o ~ >- - I- m - r- o <::1 ORIGINAL Exhibit A Zoning Map 102-05 ~ 'OAK~1> o ~ >- - I- I'T1 - r- o 0 ORIGINAL .,; \()~ 90:: N o - 9Q..; .~<to. Ia. N ~~y.: ..., ~ ~C) tLZ OZ~ >0 ' !::N~ u U'J ~ it Ii i --.. 1 !rs..~ :..Ii 5~~f ~, ..." ~I 0 c 0 ~ .. ;; J ! ":"" C o "' c o z: C to .. I -- i .. ;; , inL I = ; uzi!1 .. I; ,:4 Ii =; ~.. i ~ to ! 10 ~r 3 ~ i N ~ i ; . '..v~ .v i .: ... ~ ~ ~ t --.... i i i Ui..~5'1..:!..t:ii!! l!il:O ;1 25 i... ... N2~i-:~~i~i~.8N:N ~NI .N Z;iN~: I 1!!"'!!~~J!~iJ;~*~ I~~i 5: ~~N:::. H~:i!~t~:;~:;!iiii2r!i li~i n~!8_d.. i~_~~iISi!tit~ CINSJ~} 2:~f.i~~i:=!~w( t;i -'3i'" >>.="250.0 I ~:t 8 ~ ~ 8~ J w z c.~ 5 N I s I: Z.. 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' . until '~ lun-'i ~~aiu __!fIUI I .s~135 - I(~ ~ i ~IP- ~ I ~ ORIGINAL CO' ZONING MAP 102-05 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 PCD Planned Commercial Development R-S-2.5A 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 ~ 'OAK~1> o ~ ;)... - 5 S ORIGINAL Exhibit B Zone Change Legal Description <:S< 'O~~~1r ,)... ~ I- m - r- o <::1 ORIGINAL . . . LEGAL DESCRIPTION General Plan AmendmentJZ()ne Change ZONE CHANGE E (ESTATE) TO R-1 (ONE FAMILY DWELLING) BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER OF SAID SECTION 5, SAID POINT OF COMMENCEMENT BEING THE CENTERLINE OF COFFEE ROAD (COUNTY ROAD N0.401) AND ETCHART ROAD (COUNTY ROAD NO; 719); THENCE NORTH 88058'138 WEST ALONG SAIDETCHART ROAD, 660 FEET TO THE TRUE POINT OF BEGINNING; (1) THENCE NORTH 88058'138 WEST ALONG THE CENTERLINE OF SAID ETCHART ROAD, 1320.11 FEET TO AN ANGLE POINT; (2) THENCE NORTH 00048'438 EAST, 1298.51 FEET TO AN ANGLE POINT;. (3) THENCE SOUTH 89006'518 EAST, 1320.30 FEET TO AN ANGLE POINT; (4) THENCE SOUTH 00049'168 WEST, 1301.83 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF ETCHART ROAD SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING. CONTAINS: 39.41 ACRES ,/~~ii~~w-~';f~~7;:;~:~~W,Gl~:'",. ,,/ ,'.. I '). .' \ \ y i~'(.\ ! {:,:'.C';. b,~ \ \1 t, \ 'f-;~i-d) " ~,,,"'\.__.,. f~:_. r: ":~..r'l.....~"/~'..:' .I ~ 'OAK~1> o % ;:.... - I- m - r- <..) 0 ORIGINAL Exhibit C Mitigation/Conditions of Approval ~ 'OAK~1> o ~ ~ - l- I'T1 - r- o 0 ORIGINAL EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-1692 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Ai r Quality Upon submittal of tentative tract or site plan for approval, the applicant/developer of the project site shall submit documentation to the Planning Department that they will/have met the following air quality mitigation measures: 1. The following mitigation measures shall be utilized during the construction phase of the project to reduce construction exhaust emissions: a. To encourage pedestrian traffic, prior to the completion of the construction phase, the developer shall install sidewalks throughout the project. b, Properly and routinely, maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. c. Shut down equipment when not in use for extended time to reduce emissions associated with idling engines. d. Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. e. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. f, 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. g. Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution Control District. Mitigation for potentially significant air quality impacts. 2. The following mitigation measures, in addition to those required under Regulation VIII can reduce fugitive dust emissions associated with these projects: a. 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. b. All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. c. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. d. When materials are transported offsite, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. e. 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 ~ 'OAK~1> o ~ >- - I- I'T1 - r- Page 1 ~'GINA~ S:\GPA 4th 2006\06-1692\Staff Reports\Conditions Ex A,doc EXHIBIT C GPAlZC No. 06-1692 Mitigation/Conditions of Approval expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden). 1. Following the addition of materials to, or 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. g. Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday, h. Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. I. Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. J. Cease grading activities during periods of high winds (greater than 20 mph over a one hour period) . k. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site, I. Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. Mitigation for potentially significant air quality impacts. 3. The following mitigation measures can be utilized during the operations phase of the project to reduce emissions: a. Homes shall be designed to exclude fireplaces. b. To encourage pedestrian traffic, prior to the completion of the construction phase, the developer shall install sidewalks throughout the project. Mitigation for potentially significant air quality impacts. CulturallmDact Mitiaation Measures 4. 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. 5. 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. TransDo rtationlTraffic 6. Prior to the 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. S:\GPA 4th 2006\06-1692\Staff Reports\Conditions Ex A.doc ~ ~~f(f~ (:) c~ .:>.. - I- IT Page 2 cX51 t; ORIGIN,A,I EXHIBIT C GPAlZC No. 06-1692 Mitigation/Conditions of Approval 7. 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 7 of the traffic study (Ruettgers & Schuler, November 2005). 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 and Table 2: TABLE 1 FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION Calloway Drive & ih Standard Road Coffee Road & ih Standard Road Golden State Avenue & ih Standard Road Calloway Drive & Etchart Road Coffee Road & Etchart Road Coffee Road & Snow Road Patten Way & Snow Road Fruitvale Avenue & Snow Road Coffee Road & Norris Road Coffee Road & Olive Drive Install Signal - 2 EBL, 2 EBT, 1 EBR, 2 WBL, 2 WBT, 2 NBT, 1 NBT, 1 NBR 2 SBL, 1 SBR Install Signal - 2 EBL, 2 EBT, 2 EBR, 2 WBL, 2 WBT, 2 NBL, 2 NBR, 2 SBL Install Signal - 1 EBL, 2 EBT, 1 WBL,2 WBT, 1 NBL Install Signal - 1 EBL, 1 NBL, 1 SBL Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 SBL, 1 SBT Install Signal - 1 EBL, 1 EBT, 1 WBL,1 WBT, 1 NBL, 1 SBL, 1 SBT Install Signal - 1 EBL, 1 WBL, 1 SBL Install Signal- 1 EBL, 1 WBL, 1 NBL, 1 SBL Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 NBT, 1 SBL, 1 SBL, 1 SBT 1 EBL, 1 EBT, 1 WBL, 1 WBT, 1 NBT 2 SBL, 1 SBR 1,49% 2 SBL 2.41% 1 EBL Install Signal- 1 EBL, 1 WBL 4.84% 23.17% 1 SBL 9.9% 1 SBL 1 EBL, 1 WBL, 1 NBL, 1 NBT 4,67% 6.36% Notes: 1 Current interchange and grade separation project will construct required improvements NB=Northbound L=Left Turn Lane SB=Southbound T=Through Lane WB=Westbound R=Right Turn Lane EB=Eastbound S:\GPA 4th 2006\06-1692\Staff Reports\Conditions Ex A.doc ~ 'O~K~~ ~ ~ Page 3 ~~IGINAL' EXHIBIT C GPAlZC No. 06-1692 Mitigation/Conditions of Approval TABLE 2 FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION Coffee Road: ih Standard Road to Snow Road 7 Standard Road: Verdu 0 Lane to Coffee Road 7 Standard Road: Coffee Road to Saco Road Snow Road: Coffee Road to Fruitvale Avenue Norris Road: Coffee Road to Fruitvale Avenue , Current interchange and grade separation project will construct required improvements. 2 Additional lanes can be rovided throu h stri in , Add 2 Lanes Add 4 Lanes Add 2 Lanes 1,45% Add 4 Lanes' Add 2 Lanes Add 2 Lanes' Mitigation for potentially significant traffic impacts. ADDITIONAL CONDITIONS OF APPROVAL: Traffic 8. 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, b, Provide fully executed dedication for Etchart 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 GPNZC area is submitted, dedication can be provided with the map. This GPNZC area is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPNZC area must be included within the drainage area of adjoining property. The developer shall participate in the development of a Planned Drainage Area and provide a drainage study for the GPNZC area, showing it's proportionate share of the necessary ultimate storm drainage facilities. The GPNZC area is within the service area of the North of River Sanitary District NO.1. Sewer service in this area must conform to the NORSD's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right-of-way shall require an Open Street Permit and be as per the City of Bakersfield's adopted standards. 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 ~t>-K~~ ~ ~ ~ ~ Page ~~~\N"l c, d. S:\GPA 4th 2006\06-1692\Staff Reports\Conditions Ex A,doc EXHIBIT C GPAlZC No. 06-1692 Mitigation/Conditions of Approval the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. For orderly development. 9. 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 Consolidate 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. It is required that the developer join the North of the River Maintenance District. For orderly development. 10. Access to the arterial streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. For orderly development. 11. Access to the project area from Etchart Road 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 collector road, with 8' graded shoulders. These improvements will be constructed on Etchart Road from the boundary of the GPAlZC area easterly to the intersection of Coffee Road or westerly to the existing end of improvements on Etchart Road. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right if 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. If these improvements are constructed with a separate project on the adjoining property, this condition will be considered as met. For orderly development. 12. The Coffee Road and Seventh Standard Road crossings of the Lerdo Canal need widening. Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings. For orderly development. Local Mitiaation 13. 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 Tables 7 and 8 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. The estimate shall break out the single family and multi-family residential components in separate per unit fees and determine the single family fee for this portion of the study area. Proportionate shares from the study as follows (Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound, L - Left turn lane, T - Through lane, R - Right turn lane): a. Calloway Dr & Seventh Standard Rd, Add 2 SBL, 1 SBR, 1.49% share b, Coffee Rd & Seventh Standard Rd, Add 2 SBL 2.41 % share ~ ~~fCf-9 o ~ >- rn Page 5 tg 7 :; ORIGINAL S:\GPA 4th 2006\06-1692\Staff Reports\Conditions Ex A.doc EXHIBIT C GPAlZC No. 06-1692 Mitigation/Conditions of Approval c. Calloway Dr & Etchart Rd, Add 1 EBL, 4.84% share d. Coffee Rd & Etchart Rd, Install signal, Add 1 EBL, 1 WBL, 23.17 % share e. Patton Wy & Snow Rd, Add 1 SBL, 9.9% share 1. Fruitvale Ave & Snow Rd, Add 1 SBL, 4.67% share g. Coffee Rd & Norris Rd, Add 1 EBL, 1 WBL, 1 NBL, 1 NBT, 6.36% share h. Seventh Standard Rd, Verdugo Ln to Coffee Rd, Add 2 lanes, 1.45% share For orderly development. Reaional TransDortation ImDact Fee 14. Pay the standard residential fees, as adopted at time of development. For orderly development. Parks 15. Prior to recordation of a final map, the subdivider shall provide the Planning Department written proof/verification from North of the River Recreation and Park District that said project is within the North of the River Recreation and Park Maintenance District. The developer is subject to the application requirements of the District. Mitigation for potentially significant park and recreation impacts. 16, The subdivider shall be responsible for improving streets adjacent to the park site to City standards as public streets to be maintained by the City of Bakersfield. If streets will be private, the subdivider shall improve streets and maintain them as part of a homeowners association or other approved maintenance mechanism. Mitigation for potentially significant park and recreation impacts. Meadows Field AirDort ComDatibilitv 17. With the recordation of final subdivision maps within the GPAlZC area, overflight easements shall be granted to the County of Kern for all residential lots. Overflight easements shall grant all rights deemed necessary by the County of Kern to ensure that the development of said property will neither impede airport operations nor result in flight hazards, including but not limited to the following: to make flights and associated noise in airspace over said property; to regulate or prohibit the release of any substance into the air which might interfere with aircraft operations; to regulate or prohibit light emissions which might interfere with pilot vision; and to prohibit electrical emissions which might interfere with aircraft communications systems or aircraft navigational equipment. For public health, safety and welfare. 18, With the recordation of final subdivision maps within the GPAlZC area, a notice shall be recorded on the deeds of all residential lots disclosing that the properties are in an area subject to aircraft overflights, and as a result, residents may experience inconvenience, annoyance and discomfort arising from the noise of such operations. The notice shall also state that State law establishes the importance of public use airports for the protection of the public interest of the people of the State of California and that residents of property near a public use airport should, therefore, be prepared to accept such inconvenience, annoyance and discomfort from normal aircraft operations, For public health, safety and welfare. 'OM~-9 J ~ ;:.... - I- m _ r- Page 60f 7 0 ORIGINAL S:\GPA 4th 2006\06-1692\Staff Reports\Conditions Ex A.doc EXHIBIT C GPAlZC No. 06-1692 Mitigation/Conditions of Approval City Attornev 19. 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 CEOA 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. S:\GPA 4th 2006\06-1692\Staff Reports\Conditions Ex A,doc 'OM~-9 J. ~ Page ~f7 ~ 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, 4420 , 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 102-05) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM E (ESTATE RESIDENTIAL) TO R-1 (ONE FAMILY DWELLING) ON 39.41 ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF ETCHART ROAD, BETWEEN CALLOWAY DRIVE AND COFFEE ROAD (ZC NO. 06-1692). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield g~~~~- S:\DOCUMENT\FORMS\AOP ,ORD,wpd 3/15/2007 ~ 'OA/(~1> o ~ >- - I- m - r- e,.) Q ORIGINAL