HomeMy WebLinkAboutORD NO 4438
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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:
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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.
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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 JUN 6 200~by the following vote:
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~ 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
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ORIGINAL
Exhibit A
Zoning Map 102-06
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Exhibit B
Zone Change Legal Description
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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
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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. 06-1699
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:
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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
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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
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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
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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.
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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.
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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
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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 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
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