Loading...
HomeMy WebLinkAboutORD NO 4464 ... 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. Page 1 of 3 ~ <oM~"Y C> ~ >- -- I- m _ r- <.) t;) ORIGINAL 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. ...------()()().-.-...-- Page 2 of 3 <oM~"Y ~ ~ >- - I- ~ <:) CJ 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 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 Page 3 of 3 ~ <oM~-$> C> ~ ;::.... -' I- IT, _ r- Q (J ORIGINAL Exhibit A Zoning Map 104-18 <o(:>"K~-$> ~ ~ >- - I- m _ r- Q CJ ORIGINAL oo~ _N I << V o - 9Cl. . ~<t~ ... N ~~... !AI ~ ~C) Z ~Z~ >0 . t:Nfrl U II) ~t_. ~ I . . I! I ~ii!! 51x~ I! II..~' !All' · ..J I . I i- I. ~I !: i' 'i II II . I I !i . i ~I I I I i I ~ I Ii I i:l '. I I .. I I IdIIUii!i~i!!"1 II. :1 h.I;; 111!lli!~:~:i~I!lllli! II!! l!!llliil I ~ ~5 ~ ~..~ -:-"1 ~! ~ s ~ i Ii J ~ B !!i i .. ~ ~ c! ~ :1:; i .. li I aN - , · ~ a ~:l a Il = !l!l ~ l:! i:i .... ill! !i~!;! b!n!1 i hiil nil i; j II! :1. .:l << ?~ ~!' .. 0 I t' t" ,.,.,. ~r-~ ~ ! :i~1>>~~':'ur" '!'I tea. ... ... .... . . ~.uuuu~a.8W.c&u .i4~..~1 ZONE CHANGE 06-2246 ~,-.t1I _ NS T C l .. -- "-'--- . '''''" . I \ I: I I \ ~I I \ \ I I_\.: ,_ _ I \ \ \,~- - " --. ,>-' I" I ,., I " l :t. \ \ I. \\ &.._____J ., , . \ \ , \ \ I~I III 'I .1 II II I LI III II II II II r---------~ ~------1 I II : I II J I 1 ~II Z ! I U I ! . oC! ~:;) 0: -- ~C? a= i' C II: . ' ". tt1I _ .., 1':1. .1 ~ . II; i Ma 1;2 IlK I~~! ('1 r.j ~~I ,~ ih. ~ I . I .~~ . 'I;,. . " .~! .~ Id ,'I- i~ Ira! . ~::iI'" .~a!J q "":010 :s i~;~: j .~I. ! II~i"';' Is E~"B Ii :CIS f , 8~ .a a=~ '. I i!1 j. ~I . !'a . 556 I ! . ~ !! . ~ I . -_.+. I'U& lill 1"111111 USnl UUU UiiiE <o(:>..K I: ZONING MAP 104 ~ "1'1' 1-_>- m ...- <.) l:;) ORIGINAL 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 , I 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 ~ <o(:>"K~-$> o ~ >- - I- m - I"" Q !'J ORIGINAL Exhibit B Zone Change Legal Description ~ <o(:>"K~-$> () ~ >- - I- m - r- Q C) 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. ~ <o(:>"K~-$> a ~ >- - I- m - r- Q t;) ORIGINAL Exhibit C Mitigation/Conditions of Approval <o(:>"K~-$> ~ ~ >- - t- rn _ r- Q CJ ORIGINAL 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~ ~ -?<J'l >- ~ I- m - r- Q <:) ORIGINAL Page 1 of 7 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 Page 2 of 7 ~ <o"'K~1> C> ~ >- - I- m - , Q CJ ORIGINAL 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: Page 3 of 7 x <o(:>"K~1> o 0> >- ~ f- m - r- Q (;) ORIGINAL 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 ~ ~(:>"K~1> () ~ :>- - ':: ~ Q <:::J ORIGINAL Page 4 of 7 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. Page 5 of 7 <of:>..K~-$> ~ ~ >- {1i I- r '0 CJ ORIGINAL 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 $1193 per dwelling unit or the fee in effect at the time of building permit approval. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is imposed per City Council approved action plan to pursue funds needed to complete construction of major transportation facilities to serve growth and development within Metropolitan Bakersfield. For orderly development. Local Road 27. The developer is responsible for construction of a full-width 60' local road to City standards along the north boundary of the project between the project site and the future City Park. For orderly development. City Attornev 28. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without ~ <o(:>"K~-$> () ~ >- - Page 6 of 7 5 S 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 ~ <o(:>..KS'-$> () ~ >- - I- m - ,.... Q C) 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. Page 1 of 3