HomeMy WebLinkAboutRES NO 103-07
RESOLUTION NO.
103..07
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 06-1699, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM LMR
(LOW MEDIUM DENSITY RESIDENTIAL) TO GC (GENERAL
COMMERCIAL) ON 10.6 ACRES AND FROM SR (SUBURBAN
RESIDENTIAL) TO GC (GENERAL COMMERCIAL) ON 12.85
ACRES, GENERALLY LOCATED ON THE SOUTHWEST CORNER
OF THE SEVENTH STANDARD ROAD AND CALLOWAY DRIVE
INTERSECTION.
WHEREAS, The Michel & Margaret Etcheverry Family, LLP c/o Adavco, Inc., filed an application
requesting a General Plan Amendment, change of zoning of that certain property in the City of Bakersfield
as hereinafter described; and
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions
of Section 65353 of the Government code, held a public hearing on Monday, April 2, 2007, and on
Thursday, AprilS, 2007, on General Plan Amendment No. 06-1699, notice of the time and place of hearing
having been given at least twenty (20) calendar days before said hearing by publication in The Bakersfield
Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No. 06-1699, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-1699:
Adavco, Inc. for The Michel & Margaret Etcheverry Family, LLP applied to amend the Land
Use Element of the Metropolitan Bakersfield General Plan consisting of a change from
LMR (Low Medium Density Residential) to GC (General Commercial) on 10.6 acres and
from SR (Suburban Residential) to GC (General Commercial) on 12.85 acres, generally
located on the southwest corner of the Seventh Standard Road and Calloway Drive
intersection; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-1699 and it was
determined that the proposed project would not have a significant effect on the environment; therefore, a
Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA);
and
WHEREAS, by Resolution No. 59-07 on AprilS, 2007, the Planning Commission recommended
approval and adoption of General Plan Amendment No. 06-1699 subject to the "Mitigation/Conditions of
Approval" listed in Exhibit "A" and this Council has fully considered the findings made by the Planning
Commission as set forth in that Resolution and as restated herein; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section
65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, May 9, 2007, on
General Plan Amendment No. 06-1699, notice of time and place of the hearing having been given at least
ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a local newspaper
of general circulation; and
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WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct.
2. The Council has considered and concurs with the following findings made by the Planning
Commission as set forth in Resolution No. 59-07, adopted on AprilS, 2007:
a. All required public notices have been provided.
b. The provisions of CEQA have been met.
c. Based upon the Initial 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.
d. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element ofthe Metropolitan Bakersfie/d General Plan.
e. The land use designation change from LMR (Low Medium Density Residential) to
GC (General Commercial) on 10.6 acres and from SR (Suburban Residential) to
GC (General Commercial) on 12.85 acres is compatible with the land use
designations of surrounding properties and is internally consistent with the
Metropolitan Bakersfield General Plan.
f. 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.
3. That the applicant by prior written agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration.
4. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
1. The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for General Plan Amendment No. 06-1699 is hereby approved
and adopted.
3. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
4. The City Council hereby approves and adopts General Plan Amendment No. 06-1699,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for property generally located on the southwest
corner of the Seventh Standard Road and Calloway Drive intersection, subject to the
"Mitigation/Conditions of Approval" listed in Exhibit "A".
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5. That General Plan Amendment No. 06-1699, approved herein, be combined with other
approved General Plan Amendment cases in this same cycle described in separate
resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan.
---------()()()--------
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council ofthe
City of Bakersfield at a regular meeting thereof held on May 9, 2007 by the following vote:
~
NOES:
ABSTAIN:
ABSENT:
HARVEY L. HALL
MAYOR of the City of Bakersfield
MAY
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY~1
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
CG - S:\GPA 1st 2007\06-1699\Resolutions\CC GPA Resolution 06-1699.doc
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Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-1699
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. If archaeological resources are encountered during the course of construction, work shall stop at
the location of the find 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.
4. Prior to ground-disturbance activities associated with this project, personnel associated with the
grading effort shall be informed of the importance of the potential cultural and archaeological
resources (Le. archaeological sites, artifacts, features, burials, etc.) that may be encountered
during site preparation activities, how to identify those resources in the field, and of the regulatory
protections afforded to those resources. The personnel shall be informed of procedures relating to
the discovery of archaeological remains during grading activities and cautioned to avoid
archaeological finds with equipment and not collect artifacts. The applicant/developer of the
project site shall submit documentation to the Planning Department that they have met this
requirement prior to commencement of ground-disturbance activities. This documentation should
include information on the date(s) of training activities, the individual(s) that conducted the training,
a description of the training, and a list of names of those who were trained. Should cultural
remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist.
Mitigation for potentially significant cultural resource impacts.
Traffic ImDact Mitiaation Measures
5. 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.
6. 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, November 2006) and in the following tables:
Page 1 of 7
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EXHIBIT A
GPAlZC No. 06-1699
Mitigation/Conditions of Approval
TABLE 1
INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION
Install Signal-2 EBl, 2 EBT, 1 Install Signal-2 EBl, 2 EBT, 1
EBR, 2 WBl. 2 WBT, 1 WBR,
Zerker Rd & 7th Standard Rd 2 NBl, 2 NBT, 2 NBR, 2 SBl, EBR, 2WBl, 2WBT, 1 WBR, 0.89%
2 SBT, 1 SBR 1 NBR, 2 SBl, 2 SBT, 1 SBR
Install Signal-2 EBl. 2 EBT, 1 Install Signal-1 EBl, 2 EBT, 1
Allen Rd & 7th Standard Rd EBR, 2 WBL, 2 WBT, 1 NBR, EBR, 1 NBR, 1 SBR, 1 SBT, 1.66%
1 SBR 1WBR
Jewetta Ave & 7th Standard Install Signal -2 EBl, 2 EBT, 1
Rd EBR, 2 WBL, 2 WBT, 1 WBR, Install Signal 3.03%
1 NBR, 1 SBR
Install Signal -2 EBl, 2 EBT, 1
Calloway Dr & 7th Standard EBR, 2 WBL, 2 WBT, 1 WBR, 1 NB, 1 SBR 8.00%
Rd 2 NBl. 2 NBT, 2 NBR, 1 SBl,
2 SBT, 2 SBR
Quail Creek Rd & 7th Install Signal-2 EBl, 2 EBT, 1
Standard Rd EBR, 2 WBL. 2 WBT, 1 WBR, Install Signal 5.91%
1 NBR, 1 SBR
1 EBl, 2 EBT, 1 EBR, 1 WBl,
Coffee Rd & 7th Standard Rd 2 WBT, 1 WBR, 1 NBl, 1 1 SBR 5.38%
NBR 1 SBR
SR 65 & 7th Standard Rd 1 EBl, 2 EBT, 1 WBl, 2 WBT, 1 WBL, 2 WBT, 1 NBL, 1 NBT 1.66%
1 NBL, 1 NBT, 1 SBL, 1 SBT
Install Signal-2 EBl. 2 EBT, 1 1 NBl1, 2 NBT1, 1 SBL, 1
Allen Rd & Snow Rd EBR, 2 WBl. 2 WBT, 1 WBR, 1.89%
2 NBL, 2 NBT, 1 SBL, 1 SBT, SBT, 1 SBR
1 SBR
Install Signal -2 EBL. 1 EBT, 1
Jewetta Ave & Snow Rd EBR, 2 WBl. 1 WBT, 1 WBR, 1 SBL, 1 SBR 6.28%
1 NBL, 1 NBT, 1 SBl 1 SBR
Install Signal -1 EBL, 1 EBT, 1 1 NBl1, 1 NBT1 , 1 NBR1, 1
Norris Rd & Snow Rd EBR, 1 WBl, 1 WBT, 1 WBR, 9.34%
1 NBL, 1 NBT, 1 NBR, 1 SBL, SBl1,1 SBT1, 1 SBR1
1 SBT, 1 SBR
Install Signal -1 EBl.1 EBT, 1 1 EBl1, 1 EBT1, 1 WBT1, 1
Calloway Dr & Norris Rd WBT. 1 WBR, 1 NBL, 1 NBT, WBR1 22.97%
1 NBR, 1 SBl, 1 SBT, 1 SBR
Install Signal -1 EBL. 1 EBT, 1 1 EBL1, 1 EBT1, 1 EBR1 , 1
Coffee Rd & Norris Rd EBR, 1 WBL. 1 WBT, 2 NBl, 1 WBL, 1 WBT, 2 NBl1 , 1 NBT1 9.71%
NBT, 2 SBL, 1 SBT, 1 SBR
Fruitvale Ave & Norris Rd 1 NBT, 1 SBT, 1 EBT 1 NBT1, 1 EBT1 4.44%
Install Signal -1 EBl, 2 EBT, 1 1 NBl1, 1 NBT1, 1 SBL, 1 SBR
Allen Rd & Olive Dr EBR, 1 WBL, 2 WBT, 1 WBR, 1.35%
1 NBL, 1 NBT, 1 SBl, 1 SBR
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EXHIBIT A
GPAlZC No. 06-1699
Mltlgation/Conditions of Approval
Install Signal -1 EBl, 1 EBR, 1
WBT, 1 WBR, 1 NBT, 1 NBR, 1 NBT, 1 NBR, 1 SBT, 1 SBR
1 SBT, 1 SBR
Install Signal -1 EBl, 1 EBT, 1
EBR, 1 WBl, 1 WBT, 2 NBl, 1
NBT, 2 SBl, 1 SBT, 1 SBR
Install Signal -1 EBT, 1 EBR, 1
WBT, 1 WBR, 1 NBl, 1 NBT,
1 NBR, 1 SBl, 1 SBT 1 SBR
Install Signal -1 NBL, 2 NBT, 2 1 NBl1, 2 NBT1, 2 SBT1
SBT
Striping improvements only, pavement has been widened to full width
2 Future intersection, assumed built to full on opening day
Notes:
NB = Northbound
SB = Southbound
WB = Westbound
EB = Eastbound
Verdugo In & Olive Dr
Calloway Dr & Olive Dr
Allen Rd & Reina Rd
Jewetta Ave & Reina Rd
Jewetta Ave & Noriega
Calloway Dr & Noriega
InstallSignal-2 EBT, 1 EBR,2 1 NBR\ 1 SBR1
WBT, 1 WBR, 1 NBR, 1 SBR
1 EBT, 1 WBT, 1 NBT, 1 SBT 1 NBT1
4.33%
9.12%
1.16%
1 EBl , 1 EBT , 1 EBR , 1
WBL 1, 1 WBT11 2 NBL, 1 NBT,
2 SBl\ 1 SBT , 1 SBR1
1 EBT\ 1 EBR\ 1 WBT\ 1
WBR1
6.80%
6.86%
9.94%
l = left-Turn lane
T = Through lane
R = Right-Turn lane
Page 3 of 7
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EXHIBIT A
GPAlZC No. 06-1699
Mitigation/Conditions of Approval
TABLE 2
ROADWAY IMPROVEMENTS AND LOCAL MITIGATION
Jewetta Ave: 7th Standard Rd -Snow Rd Add 2 lanes Add 2 lanes 3.44%
Calloway Dr : Hageman Rd -Meacham Rd Add 2 lanes Add 2 lanes2 4.51%
Coffee Rd : Snow Rd -Olive Dr Add 2 lanes, Add Add 2 lanes, Add 7.96%
median median3
Allen Rd : Snow Rd -Reina Rd Add 2 lanes, Add Add 2 lanes, Add 1.54%
median median 1
Norris Rd : Calloway Dr -Coffee Rd Add 2 lanes Add 2 lanes 1 19.93%
Seventh Standard Rd : Calloway Dr -Coffee Rd Add 6 lanes, Add Add 2 lanes4 6.78%
median
Seventh Standard Rd : Coffee Rd -Golden State Add 6 lanes, Add Add 2 lanes4 4.54%
Hwy median
Add 6 lanes, Add
median
1 Portions have been widened adjacent to development. Project % share should be based on areas which need to be
widened within the stated limits.
2 Striping improvements only, pavement has been widened to full width.
3 Portions of this roadway are within the RTIF program. Length of Local Mitigation Fee should be based on length outside
of the fee area.
4 RTIF ortion will add 2 lanes, and current TRIP ro'ect will add 2 lanes.
Seventh Standard Rd : Golden State Hwy -SR 65
Add 21anes4
2.94%
Mitigation for potentially significant traffic impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works
7. 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 Seventh Standard Road to expressway standards (see
condition 9) and Calloway Drive to arterial 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 GPAlZC area is
submitted, dedication can be provided with the map.
b. As this site is to be zoned Commercial, the storm water may be retained on site in a privately
maintained sump, so long as this sump meets all applicable City of Bakersfield criteria as to
design and percolation.
c. The GPAlZC 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
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EXHIBIT A
GPAlZC No. 06-1699
Mitigation/Conditions of Approval
within the public right-of-way shall require an Open Street Permit and be as per the City of
Bakersfield's adopted standards.
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.
e. The developer is responsible for the construction of all infrastructure, both public and private,
within the boundary of the GPAlZC area. This includes the construction of any and all
boundary streets to the centerline of the street, unless otherwise specified. The developer is
also responsible for the construction of any off site infrastructure required to support this
development, as identified in these conditions. The phasing of the construction all
infrastructure will be addressed at the subdivision map stage.
For orderly development.
8. 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 Park Maintenance District.
For orderly development.
9. Seventh Standard Road shall be constructed as a 126 foot wide, 6-lane expressway with a 30 foot
landscaped parkway behind the standard sidewalk. Expanded full access signalized intersections
will be permitted at minimum ~ mile spacing. No other intermediate street access will be
permitted. Access to commercial property from Seventh Standard Road is permitted only with the
construction of a fourth auxiliary access lane along the commercial area with right in and right out
only, to and from Seventh Standard Road.
For orderly development.
10. Access to the Calloway Drive 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. Payment of the proportionate share of the cost of the median 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, whichever occurs first.
For orderly development.
12. The Seventh Standard Road, Jewetta Avenue and Snow Road crossings of the Friant Kern and
Calloway Canals and Etchart Road across the Calloway 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.
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EXHIBIT A
GPAlZC No. 06-1699
Mitigation/Conditlons of Approval
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:
a. SR 65 & Seventh Standard Rd, Add 1 WBL, 2 WBT, 1 NBL, 1 NBT, 1.66% share
b. Allen Rd & Snow Rd, Add 1 NBL 1, 2 NBT1, 1 SBL, 1 SBT, 1 SBR, 1.89% share
c. Jewetta Ave & Snow Rd, Add 1 SBL, 1 SBR, 6.28% share
d. Norris Rd & Snow Rd, Add 1 NBL 1, 1 NBT1, 1 NBR1, 1 SBL 1, 1 SBT1, 1 SBR1, 9.34% share
e. Calloway Dr & Norris Rd, Add 1 EBL1, 1 EBT1, 1 WBT1, 1 WBR1, 22.97% share
f. Coffee & Norris Rd, Add 1 EBL1, 1 EBT1, 1 EBR1, 1 WBL1, 1 WBT1, 2 NBL1, 1 NBT1" 9.71%
share
g. Fruitvale Ave & Norris Rd, Add 1 NBT1, 1 EBT1, 4.44% share
h. Allen Rd & Olive Dr, Add 1 NBL 1, 1 NBT1, 1 SBL, 1 SBR, 1.35% share
i. Verdugo Ln & Olive Dr, Add 1 NBR1, 1 SBR1, 4.33% share
j. Calloway Dr & Olive Dr, Add 1 NBT1, 9.12% share
k. Jewetta Ave & Reina Rd, Add 1 EBL 1, 1 EBT1, 1 EBR1, 1 WBL 1, 1 WBT1, 2 NBL 1, 1 NBT1" 2
SBL 1, 1 SBT1, 1 SBR1, 6.80% share
I. Jewetta Ave & Noriega Rd, Add 1 EBT1, 1 EBR1, 1 WBT1, 1 WBR1, 6.86% share
m. Calloway Dr & Noriega Rd, Add 1 NBL 1, 2 NBT1, 2 SBT1, 9.94% share
n. Jewetta Ave, Seventh Standard Rd to Snow Rd, Add 2 lanes, 3.44% share
o. Calloway Dr, Hageman Rd to Meacham Rd, Add 2 lanes, 4.51% share
p. Coffee Rd, Snow Rd to Olive Dr, Add 2 lanes, add median, 7.96% share
q. Allen Rd, Snow Rd to Reina Rd, Add 2 lanes, add median, 1.54% share
r. Norris Rd, Calloway Dr to Coffee Rd, Add 2 lanes, 19.93%
s. Seventh Standard Rd, Calloway Dr to Coffee Rd, Add 2 lanes, 6.78% share
t. Allen Rd & Reina Rd., Add 1 NBT, 1 NBR, 1 SBT, 1 SBR, 1.16% share
u. Seventh Standard Rd, Coffee Rd to golden State Hwy, Add 2 lanes, 4.54% share
v. Seventh Standard Rd, Golden State hwy to SR 65, Add 2 lanes, 2.94% 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, 1 - striping only, pavement has been
widened to full width
Mitigation for potentially significant traffic impacts.
14. Seventh Standard Road is an expressway, access is limited and may be permitted if an additional
auxiliary lane is included. Access would be restricted to right in and out only subject to site plan
review.
Mitigation for potentially significant traffic impacts.
15. Seventh Standard Road is to be designed and constructed with a 30 foot landscaped parkway
behind the standard city sidewalk.
Mitigation for health, safety and public welfare.
16. Regional Transportation Impact Fee - Pay the standard commercial fees, computed in accordance
with policy, as adopted at time of development.
Mitigation for potentially significant traffic impacts.
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ORIGINAL
EXHIBIT A
GPAlZC No. 06-1699
Mitigation/Conditions of Approval
Commercial Center Access CPla"nina)
17. Project design shall include local streets serving the commercial area from Seventh Standard
Road and Calloway Drive as follows:
a. A local road serving the commercial center along the western boundary of the proposed
commercial area; the local road shall be provided between the commercial and residential
designations.
b. A local road serving the commercial center along the southern boundary of the proposed
commercial area; the local road shall be provided between the commercial and residential
designations.
For orderly development.
Plannina Commission
18. Future zoning shall have a PCD overlay and the City shall have the ability to limit uses through
conditions of approval.
For orderly development and public welfare.
City Attorney
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 CEQA approval or any related development approvals or conditions whether
imposed by the City, or not, except for CITY's sole active negligence or willful misconduct.
a. This indemnification condition does not prevent the Applicant from challenging any decision by
the City related to this project and the obligations of this condition apply regardless of whether
any other permits or entitlements are issued.
b. The City will promptly notify Applicant of any such claim, action or proceeding, falling under
this condition within thirty (30) days of actually receiving such claim. The City, in its sole
discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the
sole cost and expense of the Applicant and the City is not obligated to use any law firm or
attorney chosen by another entity or party.
Page 7 of 7
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ORIGINAL
Exhibit B
General Plan Amendment Map
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CITY OF BAKERSFIELD
I GENERAL PLAN LAND USE DESIGNATIONS I
RR Rural Residential LI Light Industrial
2.5 gross acres/dwelling unit
51 Service Industrial
ER Estate Residential
1 dwelling unit/net acre HI Heavy Industrial
5R Suburban Residential -----
S 4 dwelling units/net acre
P Public Facilities
5R1LR County: s 4 dwelling units/net acre
City: S 7.26 dwelling units/net acre P5 Public/Private Schools ,
LR Low Density Residential PT Public Transportation Corridors
s 7.26 dwelling units/net acre
P-5W Solid Waste Facilities
LMR Low Medium Density Residential
> 4 units but ,s 10 dwelling units/net acre 05 Open Space
HMR High Medium Density Residential 05-P Parks and Recreation
> 7.26 units but S 17.42 dwelling units/net acre
05-5 Slopes exceeding 30%
HR High Density Residential
> 17.42 units but S 72.6 dwelling units/net acre R-IA Resource - Intensive Agriculture
20 acre minimum parcel size
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R-EA Resource - Extensive Agriculture
HC Highway Commercial 20 acre minimum parcel size
GC General Commercial 80 acre min (Williamson Act)
R-MP Resource - Minerals & Petroleum
MC Major Commercial 5 acre minimum parcel size
OC Office Commercial
MUC Mixed Use Commercial
General Plan Street Classification
Freewavs
provide service to through traffic exclusively with no access to abutting property and no at-grade
intersections.
EXDresswavs are arterial highways with partial control of access which mayor may not be divided or have
grade separations at intersections, and may be an interim facility for an ultimate freeway.
Arterials
are used primarily by through traffic with a minimal function to provide access to abutting
property.
Collectors
function to connect local streets with arterials and to provide access to abutting property.
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ORIGINAL
Locals are exclusively for property access and through traffic is discouraged.
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