HomeMy WebLinkAboutORD NO 4464
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4464
ORDINANCE NO.
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 104-18)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY
DWELLING) TO R-3/PUD (MULTIPLE FAMILY
DWELLING/PLANNED UNIT DEVELOPMENT) ON 12.1 ACRES,
GENERALLY LOCATED ADJACENT TO RIVANI DRIVE,
GENERALLY EAST OF MORNING DRIVE AND NORTH OF
STATE ROUTE 178 (ZC NO. 06-2246).
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 adjacent to Rivani Drive, generally east of Morning Drive and
north of State Route 178; and
WHEREAS, by Resolution No. 103-07 on June 21, 2007, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-2246 as delineated on attached Zoning Map
104-18 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-1 (One Family
Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 12.1 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
April 24, 2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development on the approximately 12.1-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. 103-07, adopted on
June 21, 2007:
1. All required public notices have been given.
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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 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 104-18 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 GPAlZC
No. 06-2246.
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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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 Sepember 26, 2007 by the following
vote:
~ COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
v .........- 1.--- l---. L.----
CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER
~Lj.
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
SEP 2 61007
HARVEY L. HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By. /!dJUf7fL ~
Exhibit A - Zoning Map 104-18
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
CG - S:\GPA 2nd 2007\06-2246\Resolutions\CC ZC Ordinance 06-2246.doc
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Exhibit A
Zoning Map 104-18
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ZONE CHANGE 06-2246
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ZONING MAP 104 ~ "1'1'
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CITY OF BAKERSFIELD
ZONING DISTRICT DESIGNATIONS
..
R-1 One Family Dwelling C-Q Pmfessional and Administration Office
6,000 sq.ft. minimum lot size
C-1 Neighborhood ~ommercial
E Estate
10,000 sq.ft. minimum lot size C-2 Regional Com mercial
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
2Y2 acre minimum lot size
M-2 General Manuf~cturing
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 i
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
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R-3 Multiple Family Dwelling , . HOSP Hospital Overlay
6,000 sq.ft. minimum lot size
1,250 sq.ft. lot area/dwelling unit AO Architectural Design Overlay
R-4 High Density Multiple Family Dwelling FP-P . p' \
Floodplain nmary
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
HO Hillside Development Combining
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
S:\Forms\zone-gp.doc
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ORIGINAL
Exhibit B
Zone Change Legal Description
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ORIGINAL
EXHIBIT " A"
LEGAL DESCRIPTION
FOR
GP A/ZC 06-2246
BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF
SECTION 18, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO BASE AND
MERIDIAN. ALSO BEING A PORTION OF PARCEL "B" OF THAT CERTAIN
DOCUMENT ENTITLED "PARCEL MAP WANER NO. 05-1050", RECORDED
FEBRUARY 22, 2006 AS DOCUMENT NUMBER 0206043124 OF OFFICIAL RECORDS;
LOCATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, AND MORE PARTICULARIL Y DESCRIBED AS FOLLOWS;
MULTI - FAMILY DWELLING (R-3):
THE EAST 615 FEET OF THE SOUTH 923.7 FEET OF SAID PARCEL B, EXCEPTING
THEREFROM THE EAST 45 FEET.
ENCOMPASSING AN AREA OF 12.1 ACRES, MORE OR LESS.
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Exhibit C
Mitigation/Conditions of Approval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-2246
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.
Bioloaical Resources Mitiaation Measures
2. Prior to development, California Department of Fish and Game protocol level Blunt Nosed
Leopard Lizard (BNLL) surveys shall be conducted by a qualified biologist to determine in BNLL
are present on the project site. Any evidence shall be reported to the reviewing agencies for
resolution.
Mitigation for potentially significant biological resource impacts.
3. If paleontological resources are encountered during construction, a qualified paleontologist shall
be retained by the developer to evaluate the significance of the resources and formulate a
mitigation program if necessary. The paleontologist shall coordinate with the City of Bakersfield
Planning Department.
Mitigation for potentially significant biological resource impacts.
4. Because the site is entirely within the Metropolitan Bakersfield Habitat Conservation Plan
(MBHCP) boundaries, any loss of habitat, or "incidental take" of a sensitive species, other than
Gambelia sila, blunt-nosed leopard lizard (BNLL), Athene cunicularia, burrowing owl, or Buena
Vista Lake shrew, would be covered under previously established mitigation. It is there
recommended that prior to grading plan approval, the applicant pay the habitat mitigation fee in
accordance with sections 15.78.030 of the City of Bakersfield Municipal Code and the MBHCP.
Mitigation for potentially significant biological resource impacts.
5. It is recommended that a preconstruction clearance survey be conducted within 30 days of initial
ground disturbance in accordance with the provisions of the MBHCP. It is recommended that any
potential, inactive, or active kit fox dens or burrowing owl sites identified as unavoidable, be
monitored, excavated, and backfilled in accordance with the recommendations of the MBHCP,
and all guidelines, protocols, and other provisions of the CDFG, the USFWS, the Migratory Bird
Treaty Act, Endangered Species Act, and California Endangered Species Act.
Mitigation for potentially significant biological resource impacts.
6. A "tailgate" session for all construction personnel shall be conducted by a qualified biologist, prior
to initial ground disturbance, relative to all environmental federal, state and local law. In addition,
all construction personnel shall be trained in sensitive species identification and avoidance
techniques and be instructed to be on the lookout for sensitive species signs during earth
disturbance phases of construction. 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. Any evidence, such as dens, burrows, <oAK~
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EXHIBIT C
GPAlZC No. 06-2246
Mitigation/Conditions of Approval
or potential raptor nests, observed at any time during construction, shall be promptly reported to
the reviewing agencies for resolution.
Mitigation for potentially significant biological resource impacts.
7. It is recommended that all pipes, culverts, or similar structures with a diameter of four inches or
greater shall be kept capped to prevent entry of kit fox. All structures not capped or otherwise
covered, shall be inspected prior to burial or closure to ensure no kit fox, or other protected
species, become entrapped. The applicanUdeveloper of the project site shall submit
documentation to the Planning Department that they have met this requirement prior to
commencement of ground-disturbance activities.
Mitigation for potentially significant biological resource impacts.
Cultural Resource Mitiaation Measures
8. 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. All 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 a qualified
archaeologist shall be notified immediately.
Mitigation for potentially significant cultural resource impacts.
9. 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 applicanUdeveloper 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.
Hazardous Mitiaation
10. The following conditions, which address the High Pressure Gas Transmission Pipeline adjacent to
the GPAlZC 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
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EXHIBIT C
GPA/ZC No. 06-2246
Mitigation/Conditions of Approval
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 public health, safety and welfare.
Traffic ImDact Mitiaation Measures
11. 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.
12. 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 Table 7 of the project traffic study (Ruettgers & Schuler Civil Engineers,
July 2004) and in the following table (Note: The original project area for the Traffic Study included
the proposed project and an adjacent project area of 122 acres with 564 single family dwelling
units. The project share of mitigation in the table below is for both projects. Public Works
condition no. 16 below includes the proportionate share contributions for only this proposed multi-
family project (GPAlZC 06-2246):
FUTURE STREET IMPROVEMENTS AND LOCAL MITIGATION
1 EBL, 1 WBL
1 EBL, 1 EBR, 1 WBL, 1
NBL
7.99%
(7.99%)
5.38%
(5.45%)
16.2%
(17.55%)
2.63%
(5.22%)
New Collector & Paladino
Drive
Vineland Road &
Paladino Drive
Morning Drive &
Panorama Drive
Fairfax Road & Auburn
Street
Notes:
NB = Northbound
SB = Southbound
WB = Westbound
EB = Eastbound
Install Signal - 1 EBL, 1
WBL, 1 NBL, 1 SBL
Install Signal - 1 EBL, 1
WBL, 1 NBL, 1 SBL
Install Signal - 1 EBL, 1
WBL, 1 NBL, 1 SBL
1 EBL, 1 EBR, 1 WBL, 1
NBL
Install Signal - 1 NBL, 1
SBL
1 NBL, 1 SBL
L = Left-Turn Lane
T = Through Lane
R = Right-Turn Lane
(%) Caltrans Percent
Share Calculation
Method
Mitigation for potentially significant traffic impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works
13. 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:
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EXHIBIT C
GPAlZC No. 06-2246
Mitigation/Conditions of Approval
a. Provide fully executed dedication for Rivani Drive 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 GPAlZC area is submitted, dedication can be provided with the map.
b. This GPAlZC area is within the Breckenridge Planned Drainage area. Submit a
comprehensive drainage study in compliance with the Breckenridge Master Study to be
reviewed and approved by the City Engineer. This area is subject to the updated PDA fees
but may receive credit against the PDA fees if the development constructs any portion of the
PDA improvements, in accordance with State and local ordinances. Prior to development on
the site, the study must be approved and any required retention site and necessary easements
dedicated to the City.
c. Sewer service must be provided to the GPAlZC area. The developer shall be responsible for
the initial extension of the sewer line to serve the property. This sewer line must necessarily
be sized to serve a much larger area that the project area. Submit a comprehensive sewer
study in compliance with the Northeast Bakersfield Master Study to be reviewed and approved
by the City Engineer. This area is subject to the updated PSA fees but may receive credit
against the PSA fees if the development constructs any portion of the PSA improvements, in
accordance with State and local ordinances.
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. 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.
14. 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.
15. This site currently has no access. With the development of the project area, approved, improved
access to the site must be provided. The required improvements shall be 32 feet of paving
meeting City design standards for a collector road, with 8' graded shoulders. 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.
16. Local Mitiaation: 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
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EXHIBIT C
GPAlZC No. 06-2246
Mitigation/Conditions of Approval
indicated in Tables 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. Rivani St & Paladino Dr, Install signal, Add 1 NBL, 1 SBL, 2.85% share
b. Paladino Dr & Vineland Rd, Add 1 NBL, 1 SBL, 1.95% share
c. Morning Dr & Panorama Dr, Add 1 EBL, 1 WBL, 6.27% share
d. Auburn St & Fairfax Rd, Add 1 EBL, 1 EBR, 1 WBL, 1 NBL, 1.86% 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, Proportionate shares adjusted from
study for this 12 ac HR portion
Mitigation for potentially significant traffic impacts.
17. Reoional Transoortation Imoact 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.
Planning DeDartment
Clean-Uo Order Comoliance
18. The developer for the GPAlZC No. 06-2246 project site, Griffin Industries, is currently under a
Clean-Up Order for oil contaminated waste materials on the project site. Prior to approval of the
general plan amendment and zone change for this project by City Council, proof of compliance
with a letter from the City Fire Department attesting to the current compliance status of the clean-
up shall be submitted to the Planning Department.
For public health, safety and welfare.
Overlooks Into Residential Rear Yards
19. Trees shall be planted along the western boundary, between building 1-B designated on the
preliminary site plan (Exhibit A-3) and the property line in order to screen the view of neighboring
back yards. Before approval of the final site plan, the applicant shall demonstrate that adequate
screening will be provided to the satisfaction of the Planning Department.
For orderly development.
Detached Sidewalks and Perimeter Fencino
20. A detached sidewalk, meeting Public Works standards (6' for major roads - collectors or arterials),
shall be provided on the east side of the property along Rivani Drive, with a landscaped area
between the sidewalk and the street curb. The detached sidewalk shall be consistent with what is
proposed along the north side of the property along the minor residential street. Final sidewalk
placement and fence location is to be approved by the Planning and Public Works Departments.
For orderly development.
Single Familv/Multi-Familv Interface
21. An eight foot masonry block wall shall be constructed along the property line and the wall must be
shared structurally with the back wall of the proposed accessory garages on the west and south
sides where there are single family uses abutting the property line. The final construction materials
and colors for the wall and accessory garages shall be submitted to the Planning Department for
approval.
For orderly development.
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EXHIBIT C
GPAlZC No. 06.2246
Mitigation/Conditions of Approval
Parkinc Lot Landscaoinc
22. Half diamond planters (half of a 5'x5' diamond) for a tree shall be placed between the parking
spaces proposed between the accessory garage structures along the south and west sides of the
property. Due to the planters limited size, only smaller tree species should be planted in them.
For orderly development.
Blunt-Nosed Leooard Lizard Survey
23. A preconstruction clearance survey shall be conducted within 30 days of initial ground
disturbance. Any potential, inactive, or active blunt-nosed leopard lizard sites identified as
unavoidable, shall be monitored, excavated, and backfilled in accordance with the MBHCP, and all
guidelines, protocols, and other provisions of the CDFG, the USFWS, the Endangered Species
Act, and California Endangered Species Act.
Mitigation for potentially significant biological resource impacts.
Parcel Mao
24. To create the 12.1-acre project site, the developer shall submit proof of a parcel map recorded at
the Kern County Recorder's office to the City Planning Department prior to issuance of building
permits.
For orderly development.
County Road
25. Prior to issuance of building permits, the developer shall submit proof to the City Planning
Department, which demonstrates County Road No. 912 has been vacated/abandoned.
For orderly development.
Transoortation Facilitv Fee
26. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in
the amount of $1193 per dwelling unit or the fee in effect at the time of building permit approval. If
prior to issuance of a building permit said fee is merged into the regional TIF program then
payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This
fee is imposed per City Council approved action plan to pursue funds needed to complete
construction of major transportation facilities to serve growth and development within Metropolitan
Bakersfield.
For orderly development.
Local Road
27. The developer is responsible for construction of a full-width 60' local road to City standards along
the north boundary of the project between the project site and the future City Park.
For orderly development.
City Attornev
28. 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
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ORIGINAL
EXHIBIT C
GPA/ZC No. 06-2246
Mitigation/Conditions of Approval
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.
S:\GPA 2nd 2007\06-2246\Resolutions\Conditions Ex A.doc
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 27TH day of September. 2007 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4464 passed by the
Bakersfield City Council at a meeting held on the 26TH day of September. 2007 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 104-18)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-1 (ONE-FAMILY
DWELLING) TO R-3/PUD (MULTIPLE FAMILY DWELLING/
PLANNED UNIT DEVELOPMENT) ON 12.1 ACRES,
GENERALLY LOCATED ADJACENT TO RIVANI DRIVE,
GENERALLY EAST OF MORNING DRIVE AND NORTH
OF STATE ROUTE 178 (ZC NO. 06-2246).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:Y(l~~
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP.ORD.wpd
r- POSTED ON
4464'" ,. \ cr.- ::J-l_Dl
ORDINANCE NO. by City Clerk's Office
'\ City of
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION Bakersfield
AND AMENDING SECTION 17.06.020 (ZONING MAP 104-18) i
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL ,by
CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY
DWELLING) TO R-31PUD (MULTIPLE FAMILY
DWELLING/PLANNED UNIT DEVELOPMENT) ON 12.1 ACRES,
GENERALLY LOCATED ADJACENT TO RIVANI DRIVE,
GENERALLY EAST OF MORNING DRIVE AND NORTH OF
STATE ROUTE 178 (ZC NO. 06-2246).
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 adjacent to Rivani Drive, generally east of Morning Drive and
north of State Route 178; and
WHEREAS, by Resolution No. 103-07 on June 21, 2007, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-2246 as delineated on attached Zoning Map
104-18 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-1 (One Family
Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 12.1 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
April 24, 2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development on the approximately 12.1-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. 103-07, adopted on
June 21, 2007:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been
followed.
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