HomeMy WebLinkAboutORD NO 4421
ORDINANCE NO. 4 4 2 1
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 123-31)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (EXCLUSIVE
AGRICULTURE) TO C-21PCD (REGIONAL COMMERCIAU
PLANNED COMMERCIAL DEVELOPMENT) ON 16.5 ACRES
AND C-O (PROFESSIONAL AND ADMINISTRATIVE OFFICE)
ON 5 ACRES, GENERALLY LOCATED AT THE NORTHEAST
CORNER OF TAFT HIGHWAY AND BUENA VISTA ROAD (ZC
NO. 06-0535).
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 at the northeast corner of Taft Highway and Buena Vista Road; and
WHEREAS, by Resolution No. 247-06 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. 06-0535 as delineated on attached Zoning Map
123-31 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 A to C-2/PCD
on 16.5 acres and C-Q on 5 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 CECA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the
Planning Commission; and
WHEREAS, the law under California Government Code Section 56375 (e)
requires the decision making body to make a finding at a publiC hearing regarding the
annexation of unincorporated territory; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
November 8, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial
development on the approximately 21.5-acre project site; and
WHEREAS, the City Council has considered and concurs with the following
findings made by the Planning Commission as set forth in Resolution No. 247-06, adopted on
December 21, 2006:
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ORIGINAL
as follows:
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 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. A substantial change has occurred in circumstances that necessitate a
departure from the zoning that was in affect at the time of annexation of
the project site. The project site was annexed to the City on November
28, 2006.
7. 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
1. That the above recitals, incorporated herein, are true and correct.
2. The Negative Declaration is hereby adopted.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be and the same is hereby amended by changing the land
use zoning of that certain property in said City, the boundaries of which
property is shown on Zoning Map 123-31 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.
06-0535.
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
CAR'N. BEN'M. W~. COUCH. HAN~N. SULLIVAN. SC~NER
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PAMELA A. McCARTHY, C C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L. HAl.L
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~YYh ~
Exhibit A - Zoning Map 123-31
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
CG - S:\GPA 4th 2006\06-0535\Resolutions\CC ZC Ordinance 06-0535.doc
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ORIGINAL
Exhibit A
l()ning Map 123-31
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ZONING MAP 123-31 ORIGINAL
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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-5A Residential Suburban
5 acre minimum lot size M-3 Heavy Industrial
R-S-10A Residential Suburban P Automobile Parking
10 acre minimum lot size
RE Recreation
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family) Ch Church Overlay
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit OS Open Space
R-3 Multiple Family Dwelling HaSP Hospital Overlay
6,000 sq.ft. minimum lot size
1,250 sq.ft. lot area/dwelling unit 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
DI 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 "A"
ZONE CHANGE LEGAL DESCRIPTION
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP
30 SOUTH, RANGE 27 EAST, M.D.M, COUNTY OF KERN, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
C-2 PCD (FROM A)
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE
SOUTH 89008'27" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 31, A DISTANCE OF 586.00 FEET; THENCE
DEPARTING SAID SOUTH LINE, NORTH 01042'36" EAST, A DISTANCE OF 50.00
FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE
NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND GRANTED TO THE
STATE OF CALIFORNIA IN GRANT DEED RECORDED DECEMBER 2, 1996 AS
DOCUMENT NO. 0196154930, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN
COUNTY RECORDER; THENCE ALONG THE FOLLOWING SEVEN (7) COURSES:
1) NORTH 89008'27" WEST, ALONG THE NORTHERLY LINE OF SAID
CERTAIN PARCEL OF LAND, A DISTANCE OF 506.70 FEET; THENCE
2) NORTH 26037'04" WEST, CONTINUING ALONG SAID NORTHERLY LINE,
A DISTANCE OF 108.18 FEET; THENCE
3) NORTH 89005'25" WEST, CONTINUING ALONG SAID NORTHERLY LINE,
A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST LINE OF SAID
SOUTHWEST QUARTER; THENCE
4) NORTH 00054'38" EAST, ALONG THE WEST LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 1,134.44 FEET; THENCE
5) DEPARTING SAID WEST LINE, SOUTH 89009'21" EAST, A DISTANCE OF
590.16 FEET; THENCE
6) SOUTH 00051'02" WEST, A DISTANCE OF 913.87 FEET; THENCE
7) SOUTH 01042'36" WEST, A DISTANCE OF 316.76 FEET TO THE POINT
OF BEGINNING.
CONTAINING 16.55 ACRES, MORE OR LESS.
MclN70SH & ASSOCIATES
2001 Wheelan Court
Bakersfield, CA 93309
(661) 834-4814
P.\PROJECTS\04151\L.EGALS\0415lCREV.DOC 11114/2006 Created by Jeff Martin
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ORIGINAL
EXHIBIT "A"
ZONE CHANGE LEGAL DESCRIPTION
lCONTINUEDl
c-o pee (FROM A)
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE
SOUTH 89008'27" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 31, A DISTANCE OF 586.00 FEET; THENCE
DEPARTING SAID SOUTH LINE, NORTH 01042'36" EAST, A DISTANCE OF 366.76
FEET; THENCE NORTH 00051'02" EAST, A DISTANCE OF 913.87 FEET TO THE
POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FOUR (4) COURSES:
1) NORTH 89009'21" WEST, A DISTANCE OF 590.16 FEET TO A POINT ON
THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE
2) NORTH 00054'38" EAST, ALONG SAID WEST LINE, A DISTANCE OF
369.29 FEET; THENCE
3) DEPARTING SAID WEST LINE, SOUTH 89009'21" EAST, A DISTANCE OF
589.78 FEET; THENCE
4) SOUTH 00051 '02" WEST, A DISTANCE OF 369.29 FEET TO THE POINT
OF BEGINNING.
CONTAINING 5.00 ACRES, MORE OR LESS.
MciNTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield, CA 93309
(661) 834-4814
P:\PROJECTS\04] 5] \LEGALS\041 5ZCREV .DOC JLM ] III 4/2006
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ORIGINAL
Exhibit C
Mitigation/Conditions of Approval
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ORIGINAL
EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-0535
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv
1, The proposed project will have air pollutant emissions associated with the construction and
occupied use of the project site. Upon submittal of tentative tract or site plan for approval, the
applicanUdeveloper of the project site shall submit documentation to the Planning Department that
they will/have met all air quality control measures required by the San Joaquin Valley Air Pollution
Control District.
Mitigation for potentially significant air quality impacts.
Cultural Resource Mitiaation Measures
2, Although no cultural resources were found on the site, there is the possibility that buried remains
could be found during construction or earth disturbing activities. Should the subsurface
archaeological remains be unearthed during construction activity, work in the area would stop
immediately and a qualified archaeologist shall be consulted for further evaluation. Any
measures by the archaeologist shall be complied with at that time.
Mitigation for potentially significant cultural resource impacts.
3. If human remains are discovered during grading or construction activities, work would cease
pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are
identified on the site at any time, work shall stop at the location of the find and the Kern County
Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code
and Section 5097.98 of the California Public Resources Code which details the appropriate
actions necessary for addressing the remains) and the local Native American community shall be
notified immediately.
Mitigation for potentially significant cultural resource impacts.
Traffic Imoact Mitiaation Measures
4. Prior to the issuance of any building permit within the GPAlZC area, the developer shall pay the
applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield
Public Works Department.
Mitigation for potentially significant traffic impacts.
5. Prior to issuance of the first building permit within the GPAlZC area, the developer shall pay the
proportionate share contributions for the intersection and roadway improvements not covered by
the RTIF as identified in Tables 7 and 8 of the project traffic study (Ruettgers & Schuler Civil
Engineers, June 2006) and in the following tables:
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ORIGINAL
EXHIBIT C
GPAlZC No. 06-0535
Mitigation/Conditions of Approval
TABLE 1
INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION
Allen Rd &
8 McCutchen Rd
Barlow Rd &
9 McCutchen Rd
Buena Vista Rd &
10 McCutchen Rd
Mountain Vista Dr
11 & McCutchen Rd
Allen Rd & McKee
13 Rd
Buena Vista Rd &
14 McKee Rd
Old River Rd &
16 McKee Rd
Allen Rd & Taft
17 H SR 119
Barlow Rd & Taft
18 H SR 119
BuenaVista Rd &
19 TaftH
Old River Rd &
21 Taft H
Notes:
1 Intersection is currently offset. Realign north approach to meet south approach,
NB = Northbound
SB = Southbound
WB = Westbound
EB = Eastbound
Allen Rd &
Panama Ln
Barlow Rd &
2 Panama Ln
Mountain Vista Dr
4 & Panama Ln
Buena Vista Rd &
7 Berkshire Rd
Install Signal -1 EBL, 1 EBT, 1 EBR, 2
WBL, 1 WBT, 1 NBL, 1 NBT, 1 SBL, 1 SBT
Install Signal-1 EBL, 1 EBT, 1 WBL, 1
NBL, 1 SBL
Install Signal-1 EBL, 1 EBT, 1 WBL, 1
WBT, 1 NBL 1 SBL
Install Signal-1 EBL, 1 WBL, 1 NBL, 1
NBT, 1 SBL
Install Signal-1 EBL, 1 EBR, 1 WBL, 1
WBR, 1 NBL, 1 NBT, 2 SBL, 1 SBT
Install Si nal-1 EBL, 1 WBL, 1 NBL, 1 SBL
Install Signal -2 EBL, 1 EBT, 2 WBL, 1
WBT, 2 NBL, 1 NBT 2,SBL 1 SBT
Install Signal-1 EBL, 1 WBL, 1 WBT, 1
NBL, 1 SBL
Install Signal -1 EBL, 1 WBL, 1 NBL, 1
NBT, 1 SBL, 1 SBT
Install Signal-1 EBL, 1 WBL, 1 NBL, 1
NBT, 1 SBL, 1 SBT
Install Si nal -1 EBL, 1 WBL, 1 NBL, 1 SBL
Install Si nal -1 EBL, 1 SBR
Install Si nal-1 EBL, 1 SBR
Install Signal - 1 EBT, 1 WBR, 1 NBL, 1
SBL
Install Signal- 1 EBT, 1 WBL, 1 WBT, 2
NBL,1 NBR, 2 SBL1, 1 SBT1
R = Right-Turn Lane
L = Left-Turn Lane
T = Throu h Lane
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1 EBL, 1 EBT, 1 EBR, 1 NBL,
1 NBT
1 NBL, 1 SBL
1 NBL, 1 SBL
1 WBL
Install Signal -1 EBL, 1 EBR,
1 WBL, 1 WBR, 1 NBL, 1
NBT, 2 SBL, 1 SBT
Install Signal-1 EBL, 1 WBL,
1 NBL, 1 SBL
2 WBL, 1 WBT
1 NBL, 1 SBL
Install Signal-1 EBL, 1 WBL,
1 NBL, 1 NBT, 1 SBL, 1 SBT
1 EBL 1 WBL
1 EBL, 1 WBL
Install Si nal-1 EBL, 1 SBR
Install Si nal -1 EBL, 1 SBR
1 EBT, 1 NBL
2 NBL, 1 NBR
2.82%
1.63%
1,57%
7,44%
6.75%
3,81%
10,89%
3.58%
7,88%
22.86%
5.30%
8,11%
9.46%
12.69%
10.92%
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ORIGINAL
EXHIBIT C
GPAlZC No. 06-0535
Mitigation/Conditions of Approval
TABLE 2
ROADWAY IMPROVEMENTS AND LOCAL MITIGATION
Buena Vista Rd: Panama Ln -
McCutchen Rd
Buena Vista Rd: McCutchen Rd - Taft
Hw
Old River Rd: Taft Hw - Hou hton Rd
Add 4 lanes
Add 2 lanes
4,81%
Add 4 lanes
Add 2 lanes
Add 2 lanes
Add 2 lanes
11.94%
8.41%
Mitigation for potentially significant traffic impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Traffic (Public Works)
6. 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 Taft Highway to CalTrans expressway standards and
Buena Vista Road to arterial standards for the full frontage of the area within the GPA request.
Design for Taft Highway shall comply with CalTrans requirements and CalTrans comments
dated Nov. 7, 2006. 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.
b. This GPAlZC area is too small to support it's own storm drainage sump. The City will allow no
more than one sump per 80 acres; therefore, this GPAlZC area must be included within the
drainage area of adjoining property. Submit a comprehensive drainage study to be reviewed
and approved by the City Engineer. The drainage area to be covered in the comprehensive
drainage study will be larger than the GPAlZC area - the City is willing to aid the developer in
the formation of a Planned Drainage Area to provide a mechanism for the reimbursement of
oversizing costs to the developer. As an alternative, all of the storm drainage may be retained
onsite in a privately maintained sump (privately maintained sumps and drainage facilities shall
be maintained by an entity with taxing powers, such as a Property Owner's Association. Such
entity shall be established prior to recordation of any final map or approval of any Site Plan
Review).
c, Submit a comprehensive sewer study to be reviewed and approved by the City Engineer. The
developer shall be responsible for the initial extension of the sewer line to serve the property.
This sewer line must necessarily be sized to serve a much larger area that the project area.
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.
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ORIGINAL
EXHIBIT C
GP AlZC No. 06-0535
Mitigation/Conditions of Approval
7. 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.
8. Construct full improvements for the north side of Taft Highway along the frontage of the 3.5 acre
parcel to the east of the GPAlZC area (APN 497-040-40),
For orderly development.
9, 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.
10. No access to the Taft Highway will be allowed. All access must be from Buena Vista Road.
For orderly development.
11. 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.
12, Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by
the Regional Transportation Impact Fee nor included with normal development improvements) as
indicated in 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.
Proportionate shares from the study as follows:
a, Allen Rd & Panama Ln, Add 1 EBL, 1 EBT, 1 EBR, 1 NBL, 1 NBT, 2.82% share
b. Barlow Rd & Panama Ln, Add 1 NBL, 1 SBL, 1.63% share
c, Mtn Vista Dr & Panama Ln, Add 1 NBL, 1 SBL, 1.57% share
d. Buena Vista Rd & Berkshire Rd, Add 1 WBL, 7.44% share
e, Allen Rd & McCutchen Rd, Install signal, add 1 EBL, 1 EBR, 1 WBL, 1 WBR, 1 NBL, 1 NBT, 2
SBL, 1 SBT, 6.75% share
f. Barlow Rd & McCutchen Rd, Install signal, add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 3.81 % share
g. Buena Vista Rd & McCutchen Rd, Add 2 WBL, 1 WBT, 10.89% share
h. Mtn Vista Rd & McCutchen Rd, Add 1 NBL, 1 SBL, 3.58% share
i. Allen Rd & McKee Rd, Install signal, add 1 EBL, 1 WBL, 1 NBL, 1 NBT, 1 SBL. 1 SBT, 7.88%
share
j. Buena Vista Rd & McKee Rd, Add 1 EBL, 1 WBL, 22.86% share
k. Old River Rd & McKee Rd, Add 1 EBL, 1 WBL, 5.3% share
I. Allen Rd & Taft Hwy (SR 119), Install signal, add 1 EBL, 1 SBR, 8.11 % share
m. Barlow Rd & Taft Hwy (SR 119), Install signal, add 1 EBL, 1 SBR, 9.46% share
n. Buena Vista Rd & Taft Hwy (SR 119), Add 1 EBT, 1 NBL, 12.69% share
0, Old River Rd & Taft Hwy (SR 119), Add 2 NBL, 1 NBR, 10.92% share
p. Buena Vista Rd, Panama Ln to McCutchen Rd, Add 2 lanes, 4.81% share
q. Buena Vista Rd, McCutchen Rd to Taft Hwy (SR 119), Add 2 lanes, 11.94% share
r. Old River Rd, Taft Hwy (SR 119) to Houghton Rd, Add 2 lanes, 8.41% share
Page 4 of6
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EXHIBIT C
GPAlZC No. 06-0535
Mitigation/Conditions of Approval
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound, L - Left turn
lane, T - Through lane, R - Right turn lane
For orderly development.
13. Regional Transportation Impact Fee: Prior to the issuance of building permits, the project
applicant shall participate in the RTIF program. The applicant shall submit funding calculations for
all improvements associated with the RTIF program pursuant to the current policy of the Public
Works Department for said calculations.
For orderly development.
Native American Cultural Resource Mitiaation Measures (Plannina)
14. 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.
15. 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.
Neiahborhood Access (Plannina)
16. Project design shall include a local street serving the project and surrounding neighborhood from
Buena Vista Road as follows:
a. A through road serving the neighborhood to the east shall be provided between the
commercial and office designations; or
b. A through road serving the neighborhood to the east shall be provided along the north
boundary of the office designation and a reciprocal parking and access agreement shall be
provided and recorded between the office and commercial designations.
For orderly development.
City Attornev
17. 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.
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EXHIBIT C
GPAlZC No. 06-0535
Mitigation/Conditions of Approval
a. This indemnification condition does not prevent the Applicant from challenging any decision by
the City related to this project and the obligations of this condition apply regardless of whether
any other permits or entitlements are issued.
b, The City will promptly notify Applicant of any such claim, action or proceeding, falling under
this condition within thirty (30) days of actually receiving such claim. The City, in its sole
discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the
sole cost and expense of the Applicant and the City is not obligated to use any law firm or
attorney chosen by another entity or party.
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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. 4421 ,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 123-31) OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM A (EXCLUSIVE AGRICULTURE) TO
C-2/PCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL
DEVELOPMENT) ON 16.5 ACRES AND C-O (PROFESSIONAL AND
ADMINISTRATIVE OFFICE) ON 5 ACRES, GENERALLY LOCATED AT
THE NORTHEAST CORNER OF TAFT HIGHWAY AND BUENA VISTA
ROAD (ZC NO. 06-0535).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
Biirft.:-p cdtt/fr~
DE U Y City Clerk
S:\DOCUMENT\FORMS\AOP .ORD.wpd
3/15/2007
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