Loading...
HomeMy WebLinkAboutORD NO 4438 ". .lIIo" 4438 ORDINANCE NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 102-06) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-2 (LIMITED MULTIPLE FAMILY DWELLING) TO C-21PCD (REGIONAL COMMERCIAUPLANNED COMMERCIAL DEVELOPMENT) ON 23.45 ACRES AND FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO C-2/PCD ON 15.3 ACRES, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE SEVENTH STANDARD ROAD AND CALLOWAY DRIVE INTERSECTION (ZC NO. 06-1699). 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 on the southwest corner of the Seventh Standard Road and Calloway Drive intersection; and WHEREAS, by Resolution No. 72-07 on April 19, 2007, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 06-1699 as delineated on attached Zoning Map 102-06 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 R-2 (Limited Multiple Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 23.45 acres and from C-1 (Neighborhood Commercial) to C-21PCD on 15.3 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 CEOA, the State CECA Guidelines. and the City of Bakersfield CEOA 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 March 12, 2007, in accordance with CECA; and WHEREAS, the general plan designation for this area allows commercial development on the approximately 38.75-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. 72-07, adopted on April 19, 2007: Page 1 of 3 ~ ~~KS'?> o ~ >- - I- rn _ r- (.) D ORIGINAL 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. The proposed project will mitigate excess emissions through the change in zoning of existing commercial property in the vicinity planned for development to residential with the adoption of GPAlZC 06-1698. 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 as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map 102-06 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. 06-1699. 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 ~ ~~/(S'~ o ~ >- - I- '" - .... (.) 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 JUN 6 200~by the following vote: ~ ~ ....-- ..----- ~ COUNCILMEMBER CARSON. BENHAM. WEIR. COUCH. HANSON. SULLiVAN. sCRIV/ilER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ~: COUNCILMEMBER "\4C1>JV'\?n~--' PAMELA A. McCARTHY C r CITY CLERK and Ex 0 ,cio Clerk of the Council of the City of Bakersfield JUN 6 2007 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ;3Vd7J1, ~ Exhibit A - Zoning Map 102-06 B - Zone Change Legal Description C - Mitigation/Conditions of Approval CG - S:\GPA 1st 2007\06-1699\Resolutions\CC ZC Ordinance 06-1699.doc Page 3 of 3 <o~/(S'?> ~ ~ >- m ~ ..... <3 0 ORIGINAL Exhibit A Zoning Map 102-06 ~ ~~/(S'?> o ~ >- - I- m _ r- (.) <:) ORIGINAL .-o~ ON I a:: N o - 90....; ~<(o. u. N ~~~ l.IJ X ~(!) u.Z OZ~ >0 - t:Nld u U) r lj f~ .. ~~ I i~..f ;;6ejU "'~i:; shi ~ I i~~ (!) I I I l.IJ I: . . ... : .. !:: :; _~.. ;'",-N .... .. ~ O_NUci..... !.. ~~ . .. ... a. . -= : : u U W fJ ~ iI a 8 rill;' a. ~ f 0 t : ~ :: . = I III is I w_ i i p::: .. ii :i ~... ~ 5: !; I I 5 HU.I ;! I I a ~; ~ ; I I ~ i I ~ ~a liI I '" .. .... ~ r .. I 6 h!..~a..irj!i'"!.llr rIll Ir U 12 .. i --I -~~,~.~, "'w2 ~NI ..a:: i"'~ I :: IH !f~~!lJiJ,.H. itl! h Ua:~i f I U ~! I ~ ~(' :~ ~ ~ III ~ a i.. B; r I HUH 8 Il ~ i ~ ilaQiilj~~=t;i;,=I"!".It;~ 2";' i~"'f..:llo:! I! !~~9~~~i:i~:81~!u~iui!~.i'~!H!I...I!:~i!~ ...~~ ...j:j '" ftIw.O~'" VIII .. IY"'~. j",U ~ t . .zaa.._oNo-r,~..o.~;a~_~~~ea4WW~~)~W~ . ~ ~ I!l ;) ~ t!: k ~.; ::'~ ~.! I . W ~ I U I"'! r u u; "" ~ ~ t: '0 . w ~ I' - ..Qi~Qi~~i~i~Si"iili ;"il~ui."~~~~.~ J~i~~ ~ ~ ll'1 r lr &:;:; :::1':: t ~ S;, u u ,,::; W IS r ~ ~ i ~ i I.. .. ~ ~,,~ I :: ! i " I '- . ~ .. 41 i .. . qt . ..~ : ZONE CHA~GE. -1)6'--1-699-- _n_ _.___n__..- ~.i~~~i~~~~ .u.___ - . -. -- --q . . -. _ ~-1ih\i.-:. . . ~..../../;' . ~~ '1.:':.;,'. ......'" " '101 ".", ..S "__.: _.. -'- oq ci 1-0 c: cj "':'N ~ o. 0 . 0 0 l- N . i:; 0:: I iii . I a 101 8 c I I I oil t t Ii I a s Ii: INIC RtNoI:mQ I .... ...i _ _-.IN''1W I I .. 10 - 101 ..", ..S i II a .. I I r I 1 ~ I I I : L ~t -----,-:-- I L"'! L ~ _ _ _....... _ _ _- _ _ ~ c .. --I ,- L___-l I I I I I I - I . . I I I I I U ._L______, ____ + . w ZONING MAP of- ! ,It II! Bitt 4! ~ ~~!! ;!! In i;~ Iii B~r Us 1-8 IU;!! !il~~UJ iti~~U8 ~~!!~~!!I! u;;;n! Ju!hU ~.c;::ug~iE Ih~P:~.. ~UUQnl, ~ ~"'KS'~. ! o ~l- >- -. I- 1 10 C9AIGINAL Exhibit B Zone Change Legal Description _<t ~t>./(S'1> 0' % >- - I- m - r- (.) C ORIGINAL EXHIBIT" A" GENERAL PLAN AMENDMENTIWNE CHANGE LEGAL DESCRIPTION From C-l to C-2/PCD Parcel A: Being a portion of parcel 1 of Parcel Map Waiver No. 10-95, as evidenced by a Certificate of Compliance, recorded November 21, 1996, as Document No. 0196151074, of official records, in the office of the Kern County recorder; also being all the Northeast v.a of the Northeast v.a of Section 6, Township 29 South, Range 27 East, M.D.M. & M., in the County of Kern, State of California. The Eastern 843.57 feet of the Northern 795.04 feet of the Northeast v.a of the Northeast v.a of said Section 6. Contains 15.3~ Acres From R-2 to C-2/PCD Parcel B: Being a portion of parcel 1 of Parcel Map Waiver No. 10-95, as evidenced by a Certificate of Compliance, recorded November 21, 1996, as Document No. 0196151074, of official records, in the office of the Kern County recorder; also being all the Northeast v.a of the Northeast v.a of Section 6, Township 29 South, Range 27 East, M.D.M. & M., in the County of Kern, State of California. Excepting therefrom the Eastern 843.57 feet of the Northern 795.04 feet of the Northeast v.a of the Northeast v.a of said Section 6. Contains 23.45::f: Acres .~ ~~KS'1" r;;:y ~ >- - I- '" - ,.... (.) 0 ORIGINAL Exhibit C Mitigation/Conditions of Approval ~ ~"'K~-9 C) ~ >- - I- m _ r- (.) 0 ORIGINAL EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-1699 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 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 cu/tural 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 (i.e. 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 Impact 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 ~ ~~KS''9 o ~ >- - ..... m _ r- (.) 0 ORIGINAL EXHIBIT C GP AlZC 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 Zerker Rd & 7th Standard Rd EBR, 2 WBL, 2 WBT. 1 WBR, 2 NBL, 2 NBT, 2 NBR, 2 SBL, EBR, 2 WBL, 2 WBT, 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 NBL\ 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. SBL\ 1 SBT1. 1 SBR1 1 SBT, 1 SBR Install Signal -1 EBL. 1 EBT, 1 1 EBL\ 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 EBT\ 1 EBR1 , 1 Coffee Rd & Norris Rd EBR, 1 WBL, 1 WBT, 2 NBL, 1 WBL. 1 WBT, 2 NBL 1 , 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 NBT\ 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 ~ 'Q"'KS'~ Q % >- - ~ m Page 2 of 7 c:3 S OAIGtNAL. EXHIBIT C GPAlZC No. 06-1699 Mitigation/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 WBRt 1 NBL, 1 NBT, 1 NBR, 1 SBl, 1 SBT, 1 SBR Install Signal-1 NBL, 2 NBT, 2 1 NBl', 2 NBT" 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 Install Signal-2 EBT. 1 EBR,2 1 NBR1, 1 SBR1 WBT, 1 WBR, 1 NBR, 1 SBR 1 EBT, 1 WBT, 1 NBT, 1 SBT 1 NBT' 4.33% 9.12% 1.16% 6.80% 6.86% 9.94% L = left-Turn Lane T = Through Lane R = Right-Turn Lane Page 3 of 7 ~ -QA/(S'?>. o ~ >- - I- m - ,.... (.) C7 ORIGINAL EXHIBIT C GP AlZC 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 med ian 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 lanes'" 6.78% median Seventh Standard Rd : Coffee Rd -Golden State Add 6 lanes, Add Add 2 lanes'" 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 2 lanes'" 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 ~ ~"'/(S''9 CY % >- - Page 4 of 7 !:: P:! (.) 0 ORIGINAL EXHIBIT e GP Alze 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 Y2 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. Page 5 of 7 ~ ~~/(S'?> o ~ >- - I- m _ r- (.) <::1 ORIGINAL EXHIBIT C GPAlZC No. 06-1699 Mitigation/Conditions 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 NBL1, 1 NBT1, 1 NBR1, 1 SBL1, 1 SBT1, 1 SBR1, 9.34% share e. Calloway Dr & Norris Rd, Add 1 EBL 1, 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 EBL1, 1 EBT1, 1 EBR1, 1 WBL1, 1 WBT1, 2 NBL1, 1 NBT1,. 2 SBl1, 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. Page 6 of 7 ~ ~~KS'-9 o ~ >- - I- rn _ r- (.) 0 ORIGINAL EXHIBIT C GPAlZC No. 06-1699 Mitigation/Conditions of Approval Commercial Center Access (Planninal 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 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 CECA 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. Plannina Department 20. The following land uses shall not be permitted within the Zone Change area: adult entertainment establishments, card room, bingo parlor, funeral services, crematories, sanitarium, pawnshops, and taxidermy. For public welfare. Page 7 of 7 <t fQ~/(S'1)> a ~ >- - I- rn _ r- (.) 0 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 7th day of June. 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4438 passed by the Bakersfield City Council at a meeting held on the 6th day of June. 2007 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 102-06) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-2 (LIMITED MULTIPLE FAMILY DWELLING) TO C-2/PCD (REGIONAL COMMERCIAUPLANNED COMMERCIAL DEVELOPMENT) ON 23.45 ACRES AND FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO C-2/PCD ON 15.3 ACRES, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE SEVENTH STANDARD ROAD AND CALLOWAY DRIVE INTERSECTION (ZC NO. 06-1699). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~ =t~k DEPU City erk - S:\DOCUMENT\FORMS\AOP.ORD.wpd ~ fQ~kS'1> <:) % .:>... - t- m - r- (.) <:1 ORIGINAl