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Home My WebLink AboutORD NO 4424 ORDINANCE NO. 4 4 2 4 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 123-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (EXCLUSIVE AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 99.5 ACRES, GENERALLY LOCATED NORTH OF MCCUTCHEN ROAD BETWEEN OLD RIVER ROAD TO THE WEST AND PROGRESS ROAD TO THE EAST (ZC NO. 06-1014). 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 north of McCutchen Road between Old River Road to the west and Progress Road to the east; and WHEREAS, by Resolution No. 251-06 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. 06-1014 as delineated on attached Zoning Map 123-29 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 R-1 on 99.5 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 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 3, 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. 251-06, 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 ~ <o~Kc-s> o ~ ~ - I- rn _ r- <.) 0 ORIGINAL as follows: 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 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 123-29 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. 06-1014. 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. ---..----()()()...-----. Page 2 of 3 ~ <oM~~ () ~ ~ - I- rn C3 & 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'AM. W~. COUCH. HA~N. SULLIVAN. S~NER ().6\\.L (l fl~~ "VIAll j v.oAt- U PAMELA A. McCARTHY, C CITY CLERK and Ex Officio lark of the Council of the City of Bakersfield APPROVED MAR 1 4 2007 HARVEY L. HAl.L Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: &tw1n. ~ Exhibit A - Zoning Map 123-29 B - Zone Change Legal Description C - Mitigation/Conditions of Approval CG - S:\GPA 4th 2006\06-1 o 14\Resolutions\CC ZC Ordinance 06-1014.doc Page 3 of 3 <oMc-s> ~ ~ ~ - I- rn _ r- <.) 0 ORIGINAL Exhibit A Zoning Map 123-29 ~ <o~kt~ <:) ~ ~ - .... rn C3 b ORIGINAL O)lI.i C\J~ J a: f"f) C\J 90.. . ~<l8 LL. .., ~~I-' 1&1 ~ CllC') LL.Z oZg: >-0 . !::N~ (,J en +. r: Ii lv- : c c ii.f ~w, ~ sAd ~I 1&1, ~I I~ I w_ ; ;= ;, ;; .. !:I w W Il ~i ! I : Ii :Ii I .. w w ~ Ii II 3 3 ! ~ ~ Iwt ~awi-i_l~ill! N ~ t:1 ~ E!. ~ i ~ I ~; aN" N 1IIIIIhl.1i=di i~ ~iii~ii~ii~!ill :i:i"'9:i"'~~8.g"'2 Jc~S:i i~!:I~il:r: ~w~:;ioi '~ilf~::~!i~;~iw~1 i r r I r i i !! ~= ~1 i r I ~ .--------. '- ..... ... -. I ----.- == . S I :I 1.1 :. 11.11 I ~NI ~2 Z~! ~ ; ~Ii !I s~;: Iwl. ~iJ wlfi ~~3i!wc!~ r~i 2N~lwii:ilf=i~wc !il~~::'iN~!I!~N:li I c2!~.""Jtit;Ccoc:t-zl liJ;Jiilli~itll~jW,,,,~ "~oo..ccur4CC"'"o~ t I c ~; ~~ .... cI 0_....0_.. ! II: ~!' .. tr~ tt~~ c E :=uuuu~.28Icc&3io~=~:.=I. ZONE CHANGE 06-1014 lID C! u- e:! No! u ~i ~i U ----.,-------r-- .1 I I I ,J . I I I 1 I I I ~ ~ I ~ i ~ :I i i T :I ~";" 0:: <e J -c r--- ----J a ! ! ~ :i ". tll ." .1$ _011 ......- .... .,,1 III:J "i"i . 11I:1 / ../ ~";" <eO:: I if: ()t.tll ." _ 'I f iii ~I f!il ilia h~ ::i; t :;~ f ~ , I :1;; . I;' .if .~ f. i~ ilii ta':ij 1l~1!! j!~,11 ' tai~" ~,j~= iH!J =~m. I!OI ;!l~ ,/lr'-1">~ '''''~' . -'{ )~~. ~~f' :. ':;;'1,. /~...~:-- ",,_._..._~r' I I : ~. I ~i I u I 1,----- i ~ ~I i"J 11I:1 S -c \. + r h ~I~ I if! I~i d', =-~ wY I . II 0: r . f.~ I '- . ~ 9 .. i ~! ~ II 5f~ d'. 58! .it f ~! IUu,1 ::";!~Is3 ji1illn!f "~Iilif! i:tillilh I.. ibaJ;fJ .1~!r:lIIi: .......I"..vll 1:1111=.31' "d.fis ~/(c~ <:) ~ ~ m - i l; ORIGINAL ~ ZONING MAP 123 - 29 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 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 ~ ~,..,(~~ <:) ~ ~ - 5 & ORIGINAL Exhibit B Zone Change Legal Description ~ <oAKc~ o ~ ~ - I- m - r- <.) 0 ORIGINAL EXHIBIT 'A' GENERAL PLAN AMENDMENT AND ZONE CHANGE DESCRIPTION OF ANNEXATION 517 PANAMA NO. 20 BEING PORTIONS OF LOT 24 OF SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY SECTION 29, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M, D B, & M, AS FIELD JUNE 16, 1897 IN THE RECORDERS OFFICE OF THE COUNTY OF KERN; ALSO BEING PARCELS 1,2,3 AND 4 OF LOT LINE ADJUSTMENT 72- 04 RECORDED AS DOCUMENT NO. 0205199943, OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29; 1) THENCE SOUTH 00033' 50" WEST ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF 3294.48 FEET TO THE NORTHWEST CORNER OF SAID LOT 24; 2) THENCE SOUTH 890 17' 35" EAST ALONG THE NORTH LINE OF SAID LOT 24 A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST LINE OF OLD RNER ROAD (COUNTY ROAD 253) AND THE POINT OF BEGINNING; 3) THENCE SOUTH 890 17' 35" EAST ALONG THE NORTH LINE OF SAID LOT 24 A DISTANCE OF 1288.29 FEET TO THE NORTHEAST CORNER OF SAID LOT 24, SAID NORTH EAST CORNER IS ON THE WEST LINE OF SAID PARCEL 3; 4) THENCE NORTH 00036' 17" EAST ALONG THE WEST LINE OF SAID PARCEL 3, AND THE WEST LINE OF SAID PARCELS 2 AND 1, A DISTANCE OF 1980. 17 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1; 5) THENCE SOUTH 890 17' 18" EAST ALONG THE NORTH LINE OF SAID PARCELS 1 AND 4, A DISTANCE OF 1320.50 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 4; 6) THENCE SOUTH 00036' 39" WEST ALONG THE EAST LINE OF SAID PARCEL 4 A DISTANCE OF 2640.08 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 4; 7) THENCE NORTH 890 17' 41" WEST ALONG THE SOUTH LINE OF SAID PARCELS 4 AND 3 AND THE SOUTH LINE OF SAID LOT 24 A DISTANCE OF 2608.08 FEET TO A POINT ON THE EAST LINE OF SAID OLD RIVER ROAD; 8) THENCE NORTH 00033' 50" EAST ALONG THE EAST LINE OF SAID ROAD AND PARALLEL TO THE WEST LINE OF SAID SECTION 29 A DISTANCE OF 660.09 FEET TO THE NORTH LINE OF SAID LOT 24 AND THE POINT OF BEGINNING. ~ <oAI(~~ o ~ ~ - 5 & ORIGINAL IIJI"lln" CONTAINING 99.54 ACRES MORE OR LESS. ~Ld ANCUREN 104493 _10 I_ANNEXA TION_S 17 _REVISION2.DOC "1" ~/t) , L.S.3707 ~ <oA.I<C-S> () % ~ - I- m - r- <.) 0 ORIGINAL Exhibit C Mitigation/Conditions of Approval ~ fQ~I(~-5> <:) ~ ,)... - I- m - r- <.) 0 ORIGINAL EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-1014 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality 1. The proposed project will have air pollutant emissions associated with the construction and occupied use of the project site. Upon submittal of tentative tract or site plan for approval, the applicant/developer of the project site shall submit documentation to the Planning Department that they will/have met all air quality control measures required by the San Joaquin Valley Air Pollution Control District. Mitigation for potentially significant air quality impacts. Cultural Resource Mitiaation Measures 2. Although no cultural resources were found on the site, there is the possibility that unrecorded cultural resources or buried remains could be found during construction or earth disturbing activities. Should the subsurface archaeological remains be unearthed during construction activity, work in the area would stop immediately and a qualified archaeologist shall be consulted for further evaluation. Any measures by the archaeologist shall be complied with at that time. Mitigation for potentially significant cultural resource impacts. 3. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation for potentially significant cultural resource impacts. Noise Mitiaation Measures The proposed project will satisfy Metropolitan Bakersfield General Plan standards for exterior and interior noise levels if the following improvements are incorporated into the project: 4. Mechanical ventilation or air conditioning must be provided for all homes so that windows and doors may remain closed for the required acoustical insulation. Mitigation for potentially significant noise impacts. 5. Exterior doors, excluding glass doors, should be solid-core wood or insulated steel with perimeter weather-stripping and threshold seals. Mitigation for potentially significant noise impacts. 6. Construction activities shall comply with City of Bakersfield noise standards as to allowable hours of operation, use of adequate mufflers on all equipment, and placement of stockpiles, staging areas and semi-permanent mechanical equipment as far from noise-sensitive receivers as practical. Mitigation for potentially significant noise impacts. S:\GPA 4th 2006\06-1014\Staff Reports\Conditions Ex A.doc ~ fQ/J,ke"-9 <:) ~ .)... - .... m Page 1 Of 7 G ORIGINAL EXHIBIT C GPAlZC No. 06-1014 Mitigation/Conditions of Approval 7. A wall shall be constructed along any residences adjacent to the Sunset Railroad right-of-way. Prior to recordation of a final map, a final acoustical analysis shall be conducted to the satisfaction of the City Planning Department to confirm the required location and height of sound walls. Mitigation for potentially significant noise impacts. 8. Prior to recordation of a final map, a final acoustical analysis shall be conducted to the satisfaction of the City Planning Department to confirm that the acoustical barrier to attenuate noise levels from the Vulcan Asphalt Batch Plant has the required height and placement. Mitigation for potentially significant noise impacts. 9. Centralized heating/ventilation/air conditioning units (HVAC) shall be installed in second floor bedrooms that have a direct line-of-sight to off-site industrial activities. The HV AC units should be designated to supply two air changes per hour for each habitable room, with a minimum of 15 cubic feet per minute of outside air per occupant. The fresh air inlet duct shall be sound- attenuating construction and shall consist of ten feet of straight or curved duct plus one sharp 90- degree bend. Additionally, these affected units shall include double-paned or Sound Transmission Class (STC) rated windows. Mitigation for potentially significant noise impacts. Traffic ImDact Mitioation Measures 10. Prior to the issuance of any building permit within the GPAlZC area, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. Mitigation for potentially significant traffic impacts. 11. Prior to issuance of the first building permit within the GPAlZC area, the developer shall pay the proportionate share contributions for the intersection and roadway improvements not covered by the RTIF as identified in Tables 7 and 8 of the project traffic study (Ruettgers & Schuler Civil Engineers, March 2006) and in the following tables: TABLE 1 INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION 1 Old River Rd & Harris Rd Install Signal - 1 EBL, 1WBL, 1EBL,1WBL 1 NBL, 1 SBL Install Signal- 2EBL, 2EBT, 1 EBT, 1WBT, 2 Old River Rd & Panama Ln 2WBl, 2WBT, 1NBL, 1NBT, 1NBT,1SBT 1 NBR, 1 SBL, 1 SBT 3 Gosford Rd & Panama Ln 1 EBl, 2EBT, 2WBT, 1 NBl, 1WBT 1NBT, 1SBL, 1SBT 4 Old River Rd & Berkshire Rd Install Signal - 1 EBl, 1WBl, None 1 NBL, 1 SBl Install Signal - 1 EBl, 1 EBT, 5 Old River Rd & McCutchen Rd 1WBL, 1WBT, 1NBL, 1NBT, None 1SBL, 1SBT, 1SBR 4.24% 4.43% 1.86% None None S:\GPA 4th 2006\06-1014\Staff Reports\Conditions Ex A.doc ~ <oMc'9 <:) ~ ,:).. - Page 2 <M:7 ~ <.) 0 ORIGINAL EXHIBIT C GPAlZC No. 06-1014 Mitigation/Conditions of Approval Install Signal- 1 EBL, 1WBL, 1 EBL, 1WBL 1 NBL, 1 SBL Install Signal - 1 EBL, 1 EBT, 7 Old River Rd & Taft Hwy SR 119' 1EBR, 1WBT, 1NBT, 1SBL\ 1NBT 1 SBT' Notes: Intersection is currently offset. Realign north approach to meet south approach. NB = Northbound SB = Southbound WB = Westbound EB = Eastbound 4.34% 6 Old River Rd & McKee Rd 4.16% R = Right-Turn Lane L = Left-Turn Lane T = Throu h Lane TABLE 2 ROADWAY IMPROVEMENTS AND LOCAL MITIGATION Gosford Rd: Pacheco Rd - Panama Ln Gosford Rd: Panama Ln - Berkshire Rd Panama Ln: Buena Vista Rd - Gosford Rd Panama Ln: Gosford Rd - Ashe Rd : Buena Vista Rd - Ashe Rd Add 2 lanes Add 2 lanes, Add median Add 2 lanes Add 1 lane, Add median Add 2 lanes None None None None None None None None None None Mitigation for potentially significant traffic impacts. ADDITIONAL CONDITIONS OF APPROVAL: Traffic (Public Works) 12. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. Provide fully executed dedication for Old River Road to arterial standards and Berkshire Road to collector standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with the map. Please note that the alignment for Berkshire Road deviates from the half-section line. Match the alignment of Berkshire Road with that set by Tentative Tract 6359 at the west boundary line of the GPA/ZC area. b. Comply with the comprehensive drainage study reviewed and approved by the City Engineer approved December 9, 2005, and dedicate any required retention site and necessary easements to the City. The sump on the property to the north and west of this GPA/ZC area (Tentative Tract 6359) has been sized to accommodate and serve this GPA/ZC. S:\GPA 4th 2006\06-1 014\Staff Reports\Conditions Ex A.doc ~ 'O~I<~1> <:) ~ ~ - Page 3 of::.7 ~ <.) C) ORIGINAL EXHIBIT C GPAlZC No. 06-1014 Mitigation/Conditions of Approval c. Submit a comprehensive sewer study to be reviewed and approved by the City Engineer. Study shall include verification of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. d. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. For orderly development. 13. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 14. Payment of median fees for the arterial frontage of the property within the 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. 15. Provide access to the triangular area (APN 497-032-32) at the southeast corner of the GPA/ZC area. For orderly development. 16. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. For orderly development. 17. The developer is responsible for his proportionate share of the Berkshire Road crossing of the Sunset Railroad. This crossing must be operational prior to the recording of the phase with the 300th lot within this GPA/ZC area. For orderly development. 18. A gas transmission line traverses this property. The sewer improvement plans for any development within this GPA/ZC area shall show the transmission line - located vertically and horizontally. For orderly development. 19. With the improvements required for the recording of the final map containing the 200th lot, construct the improvements along the east west collector (Berkshire - or "Star Lake Parkway" as shown on T6359) from the west boundary for the GPA/ZC area to Old River Road. These improvements shall include 32 feet of pavement plus 8' graded shoulders plus a separate paved pedestrian path. If the adjacent Tract 6359 constructs these improvements first, this condition will be considered as met. For orderly development. ~ 'Of..kc1J <:) ~ ~ - I- m - r- Page 4 of 'ORIGINAL S:\GPA 4th 2006\06-1 014\Staff Reports\Conditions Ex A.doc EXHIBIT C GPAlZC No. 06-1014 Mitigation/Conditions of Approval 20. Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in Table 7 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares from the study as follows: a. Old River Rd & Harris Rd, Add 1 EBL, 1 WBL, 4.24% share b. Old River Rd & Panama Ln, Add 1 EBT, 1 WBT, 1 NBT, 1 SBT, 4.43% share c. Gosford Rd & Panama Ln, Add 1 WBT, 1.86% share d. Old River Rd & McKee Rd, Add 1 EBL, 1 WBL, 4.16% share e. Old River Rd & Taft Hwy (SR 119), Add 1 NBT, 4.34% share Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound, L - Left turn lane, T - Through lane, R - Right turn lane Mitigation for potentially significant traffic impacts. 21. Regional Transportation Impact Fee: Prior to the issuance of building permits, the project applicant shall partiCipate in the RTIF program by paying the adopted residential fee in place at time of development. Mitigation for potentially significant traffic impacts. Agricultural Conversion Mitigation Measures (Planning) 22. The applicant shall mitigate the loss of 92.37 acres of agricultural lands, on a one-to-one basis, by selecting one or more of the items described below. The applicant shall submit written verification of the applicant's compliance with this mitigation measure to the Planning Director's satisfaction at the time of recordation of final tract maps and parcel maps for urban development or support facilities as contemplated in the GPA/ZC No. 06-1014. Compliance with this condition may be phased as the project is developed. The amount of agricultural land to be mitigated shall be equal to the amount of land being developed as each phase is developed. a. Funding and/or purchase of agricultural conservation easements. Such easements shall be accepted or purchased and monitored and enforced by a land trust or another appropriate entity. Funds may be used for easement purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. b. Contribution of agricultural land or equivalent funding to an organization that provides for the preservation of farmland in California. Funds may be used for purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. c. Purchase of credits from an established agricultural farmland mitigation bank approved by applicable governmental authority. d. During the life of the project, if the City of Bakersfield or other responsible agency adopts an agricultural land mitigation program that provides equal or more effective mitigation than measures listed above, the applicant may choose to participate in that alternate program to mitigate loss of agricultural land impacts. Prior to participation in the alternate program, the applicant shall obtain written approval from the City of Bakersfield agreeing to the participation, and the applicant shall submit written verification of compliance with the alternate program at the same time described above in the first paragraph. S:\GPA 4th 2006\06-1014\Staff Reports\Conditions Ex Adoc ~ <oAkc'9 <:) ~ ~ - I- rn - r- Page 5 of 9'ORIGINAL EXHIBIT C GPAlZC No. 06-1014 Mitigation/Conditions of Approval Agricultural land used for mitigation shall be of at least equal agricultural classification as the land being converted or be capable of being developed as such; that is, mitigation land shall be classified or developed as Prime Farmland, Farmland of Statewide Importance, etc., (as established by the California Department of Conservation in the Farmland Mapping and Monitoring Program), the mitigation acreage being at least equivalent in classification to the converted land, or being capable of producing the same or equivalent crops as the land being converted. Completion of the selected mitigation measure, or with the Planning Director's approval, a combination of the selected mitigation measures, can be on qualifying agricultural land within the San Joaquin Valley (San Joaquin, Stanislaus, Merced, Fresno, Madera, Kings, Tulare, Kern) or outside the San Joaquin Valley with written evidence that the same or equivalent crops can be produced on the mitigation land. Mitigation for potentially significant agricultural conversion impacts. Plannina 23. The following conditions, which address the PG&E High Pressure Gas Transmission Pipeline which traverses the GPA/ZC area, shall be met to the satisfaction of the Planning Director: a. Concurrently with recordation of any phase of a tract map that includes the pipeline easement or portion thereof, the subdivider shall show the easement on the final map with a notation that structures including accessory buildings and swimming pools are prohibited within the easement and shall record a corresponding covenant. b. Prior to or concurrently with recordation of any phase of a tract map that includes the pipeline easement of portion thereof, the subdivider shall show on the final map that no habitable portion of a structure will be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches of cover, and shall record a corresponding covenant. c. No structure shall be built within 40 feet of a hazardous liquids pipeline bearing refined product, with 48 inches or more of cover. If a pipeline meets this criteria, the 40-foot setback line shall be shown in the final map and a corresponding covenant shall be recorded prior to or concurrently with recordation of any phase that is affected. d. Prior to or concurrently with recordation of any phase of a tract map within 250 feet of the pipeline easement, the subdivider shall record a covenant disclosing the location of the pipeline on all lots of the subdivision within 250 feet of the pipeline. For health, safety and welfare. City Attornev 24. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or jUdicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. ~ 'OAK(:"l' <:) <fl ~ 'f' t- m - r- Page 6 of 'ORIGIN 0 AL S:\GPA 4th 2006\06-1014\Staff Reports\Conditions Ex A.doc T EXHIBIT C GPAlZC No. 06-1014 Mitigation/Conditions of Approval a. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. b. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. S:\GPA 4th 2006\06-1 014\Staff Reports\Conditions Ex A.doc ~ 'OAk4$'''9 <:> <fl ~ ~ I- m - r- Page 7 OfbRIGINAL 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. 4424 ,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 123-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A ( EXCLUSIVE AGRCUL TURE) TO R-1 (ONE FAMILY DWELLING) ON 99.5 ACRES, GENERALLY LOCATED NORTH OF MCCUTCHEN ROAD BETWEEN OLD RIVER ROAD TO THE WEST AND PROGRESS ROAD TO THE EAST (ZC NO. 06-1014). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield B.~ DEP Y ty erk S:\DOCUMENT\FORMS\AOP .ORD. wpd 3/15/2007 ~ -QA/(C-9 <:) ~ ~ - I- rn - r- '" c:, ORIGINAL