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HomeMy WebLinkAboutRES NO 025-09RESOLUTION NO. ~ 5 O 9 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 08-1079, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED AT THE NORTHEAST CORNER OF ROSEDALE HIGHWAY AND JENKINS ROAD. WHEREAS, Eric Sertic, E&R Surveying & Consulting, for CNC PROPERTIES LLC, filed a application requesting a General Plan Amendment, an amendment to the land use designation of that certain property being annexed to the City of Bakersfield as hereinafter described; and WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on Monday, December 15, 2008, and on Thursday, December 18, 2008, on General Plan Amendment No. 08-1079, notice of the time and place of hearing having been given at least thirty (30) calendar days before said December 15, 2008 hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, General Plan Amendment No. 08-1079, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 08-1079: Eric Sertic, E&R Surveying & Consulting, for CNC PROPERTIES LLC, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from UER (Urban Estate Residential) and ER (Estate Residential) to SR (Suburban Residential), OC (Office Commercial), and GC (General Commercial) on 32.91 acres. The project site is generally located northeast of Rosedale Highway and Jenkins Road; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 08-1079 and it was determined that the proposed project would not have a significant effect on the environment; therefore, a Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, by Resolution No. 154-08 on December 18, 2008, the Planning Commission recommended approval and adoption of General Plan Amendment No. 08-1079 subject to the "Mitigation/Conditions of Approval" listed in Exhibit "A" and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution and as restated herein; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on Wednesday, February 25, 2009, on General Plan Amendment No. 08-1079 notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Council has considered and hereby makes the following findings: The above recitals and findings are true and correct. ~~~AK~9am b ORIGINAL 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 154-08 adopted on December 18, 2008: a. All required public notices have been provided. b. The provisions of CEQA have been met. c. Based upon the Initial Study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. d. The public necessity, general welfare and good planning practicesjustifythe amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. e. The land use designation change from UER (Urban Estate Residential) and ER (Estate Residential) to SR (Suburban Residential), OC (Office Commercial), and GC (General Commercial) on 32.91 acres is compatible with the land use designations of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission. 3. That the infrastructure exists or can easily be provided to accommodate the type of development. NOW, THEREFORE, BE IT RESOLVED and found by the Planning Commission ofthe City of Bakersfield as follows: The above recitals and findings incorporated herein are true and correct. 2. The Negative Declaration for the General Plan Amendment No. 08-1079 is hereby approved and adopted. 3. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 4. The City Council hereby approves and adopts General Plan Amendment No. 08- 1079, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located at the northeast corner of Rosedale Highway and Jenkins Road, subject to mitigation/conditions of approval found in attached Exhibit "A". 5. That General Plan Amendment No. 08-1079, approved herein, be combined with other approved General Plan Amendment cases in this same cycle described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. Page 2 of 3 O~~AK~9~'.e~ ORIGINAL ------- -000-------- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on FEg 2 5 ~~~„ by the following vote: AYES COUNCILMEMBER CARSON, BE HNHN AM, WE R E9tfe11, HAN O , SULL VIL VI AN, SCRIVNER S: COUNCILMEMBER InA'>L.2 ABSTAIN: COUNCILMEMBER t~ ou.c~ ABSENT: COUNCILMEMBER Ywr~ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio Jerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO clty At4nrncv By: Exhibit A -Mitigation/Conditions of Approval B -General Plan Amendment Map BM - S:\GPA 4th 2008\08-1079\Res-Ord\CC Res 08-1079.doc Page 3 of 3 ~~aKpq~ A r pR1GINAt APPROVED FEB 2 5 2009 EXHIBIT A Mitigation/Conditions of Approval ~ gAK~,q~~ U ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan AmendmentlZone Change 08-1079 At a future time deemed appropriate by the City, the applicant or future property owner shall complete the cul-de-sac (western portion) of Phairfield Street along the northeastern edge of the GPA project site. For orderly development. 2. At a future time deemed appropriate by the City, the applicant or future property owner shall construct a street between the retail commercial areas and the residential designations/zoning areas and astreet/driveway between the existing and proposed office commercial area. For orderly development. 3. The proposed Suburban Residential area shall not have direct access to Allen Road. For orderly development. 4. The proposed development shall allow for pedestrian access between the residential area and the retail/office commercial areas. For orderly development. 5. Provide a 30 foot wide landscaped setback area inclusive of the standard 5 foot sidewalk along the east side of the property proposed to be zoned C-O/PCD. Construct a seven foot high block wall along the west side of the landscape area with adjustment to wall height to accommodate site line considerations at approved access points. The subject wall shall connect to the wall along the residential site to the north so as not to allow east to west pedestrian access. The Landscape area shall include a meandering sidewalk and a variety of tree sizes including 15 gallon, 24 inch and 48" box sizes. Screening shrubbery in the form of Photinia Fraseri -Red Tip Photinia shall be planted along the face of the wall. For orderly development. Cultural Resources 6. 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 impacts. 7. 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 impacts. ~~,AK~,9~ ~pIQINAL Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 2 of 6 8. If unrecorded cultural resources are located during development of the site, work must halt in the vicinity and the finds must be assessed by a qualified archaeologist. Mitigation for potentially significant impacts. Air Quality 9. The proposed project will have air pollutant emissions associated with the construction and occupied use of the project site. Prior to grading plan 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. For potentially significant impacts. Biological Resources 10. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owl, and comply with the provisions of the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). Survey protocol shall be that recommend by the State Department of Fish and Game. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs. To avoid violation of the take provisions of these laws generally requires that project-related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1 -August 15, annually). Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and/or imprisonment. For potentially significant impacts. 11. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommend by the State Department of Fish and Game. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the surrey shall be provided to the Planning Department priorto ground disturbance. Forpotentiallysignificant impacts. Public Works 12. Along with the submittal of any development plan, priorto approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: ~~AKFga~ dRIGINAL Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 3 of 6 a. Provide fully executed dedication for Rosedale Highway (SR 58) to CalTrans' arterial standards and Jenkins Road to City of Bakersfield collector standards for the full frontage of the area within the GPA/ZC request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Dedicate the east half of Mathew John Avenue and the east side of the cul-de-sac of Pharfield Avenue, as shown for Tentative Tract 6921, to local standards of the area within the GPA/ZC request. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with the map. b. This GPA/ZC area is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPA/ZC area must be included within the drainage area of adjoining property, see Tract 6921 drainage. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. The study shall show the development's proportionate share of the necessary ultimate storm drainage facilities. The developer shall participate in the development of a Planned Drainage Area, or shall provide some other method for the construction of the ultimate facilities satisfactory to the City Engineer. Any required retention site and necessary easements shall be dedicated to the City or provide an onsite sump that is privately maintained. c. Sewer service must be provided to the GPA/ZC 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 than the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. d. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction orfrom 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 project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC 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 and or site plan review stage. For orderly development. 13. Prior issuance of a building permit ,developer shall pay a major transportation facility fee in the amount of $0.35 per square foot for commercial and/or $2487 for residential dwelling unit. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment oo~gAKF ~~ 9~ ORIGINAL Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 4 of 6 regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is a component of the 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. 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. Payment of the proportionate share of the cost of the median for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. For orderly development. 16. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. 17. SR-58 (Rosedale Highway) is to be constructed to Caltrans standards along the full frontage of the GPA/ZC area. An encroachment permit issued in accordance with Streets and Highways Code Section 671.5 shall be obtained from Caltrans for all placements of encroachments within, under or over State right of way. Encroachments are subject to removal by the Department in accordance with Sections 673 and 720 of the Streets and Highways Code. Encroachment permits do not run with the land. A change of ownership requires a new permit application. For orderly development. Local Mitigation 18. 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 list of mitigation measures from the traffic study. An updated estimate, based upon current costs, and fee schedule shall 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. Renfro Rd &Hageman Rd, Add 1 EBL, 1 EBT, 1 EBR, 2.4% share. b. Jenkins Rd &Hageman Rd, Add 1 NBL, 1 SBL, 6.06% share. c. Renfro Rd & Meacham Rd, Add 1 EBL, 1 WBL, 5.56% share. d. Jenkins Rd & Meacham Rd, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 23.28% share. e. Allen Rd & Meacham Rd, Add 1 EBL, 3.44% share. f. Rudd Ave & Rosedale Hwy, Install Signal, 4.68% share. g. Jenkins Rd & Rosedale Hwy, 1 NBT, 1 NBR, 1 SBL, 1 SBT, 1 SBR, 5.12% share. h. Allen Rd & Rosedale Hwy, 1 NBT, 1 SBL, 1 SBT, 1 SBR, 5.12% share. i. Jenkins Rd & Palm Ave, Install Signal, 1 EBL, 1 WBL, 1 NBL, 1 SBL, 16.07% share. j. Jenkins Rd & Brimhall Rd, 1 SBL, 1 SBR, 4.62% share. k. West Beltway SB & Rosedale Hwy, 1 SBL, 1 SBT, 0.97% share. I. West Beltway NB & Rosedale Hwy, 1 NBL, 1 NBT, 1.31 % share. m. Allen Rd: Hageman Rd -Rosedale Hwy, Add 2 lanes, Add median, 2.02% share. For orderly development. c,`~~PK~9~'.~ w ~RIAINAL Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 5 of 6 Note: NB -north bound, SB -south bound, WB -west bound, EB -east bound, L -Left turn lane, T -Through lane, R -Right turn lane. p~~AK~9~'-c~ ORIGINAL Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 6 of 6 Regional Transportation Impact Fee 19. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in place for the various land use types at time of development. For orderly development. City Attorney Condition 20. 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 orjudicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. 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. The City will promptly notify Applicant of any such claim, action or preceding, 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. BM:\\S:\GPA 4th 2008\08-1079\Res-Ord\Exhibit A reso-cc.doc ~~,AK~a,9~~ v ORIGINAL EXHIBIT B General Plan Amendment Map O~~AK~9sc. pRialNAL ti O O Z 5W G Z cw G Z Q ^~ I..L - W Z rW V w w a ~ w w ? ~ N ~~,~ P _ ~ N ~ ~ 1 _ .i V, ~ .y ~ ~ a~.~' ~ ( ` i t , ~ N`dl1 s _ ~ 1 '~ s ,~ ~ ~.. _ 4 ~ T : W s __-----~ . r ~ ~ ~ ~~ --~ "~ ~ , • . ~ . ~P.•, ~~ ~j ~ r ~ ~ , J ~ 4 `~`~`~~ ~,\~ . , ~` ~ \ \\` ~ a' \~\\\ U ~ \~ ~~ ~ \ ~ ~ ~ ~ ; ,~ ~, ~ ~ ~~ cn ; ~ ,' (~ \ W '~~\'~ W JQ w _~ U ~ ~ 8 n C = N 8 w W N LL N 1 ~ v a ~ ORDINANCE NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 101-23) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE PREZONING FROM A (AGRICULTURE ZONE) TO C-2/PCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT ZONE), C-O/PCD (PROFESSIONAL AND ADMINSTRATIVE OFFICE/PLANNED COMMERCIAL DEVELOPMENT ZONE) AND E (ESTATE ZONE) ON 32.91 ACRES, GENERALLY LOCATED AT THE NORTHEAST CORNER OF ROSEDALE HIGHWAY (SR-58) AND JENKINS ROAD. (ZC NO. 08-1079). 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 request to change the land use zoning of those certain properties being annexed to the City of Bakersfield generally located at the northeast corner of Rosedale Highway (SR-58) and Jenkins Road; and WHEREAS, by Resolution No. 155-08 on Decmber 18, 2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 08-1079 as delineated on attached Zoning Map 101-23 marked Exhibit "B", 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 zone change to change the prezoning of the subject property from A (Agriculture Zone) to C-2/PCD (Regional Commercial/Planned Commercial Development Zone), C-O/PCD (Professional and Administrative Office/Planned Commercial Development Zone), and E (Estate Zone) on 32.91 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on November 12, 2008, in accordance with CEQA; and WHEREAS, the general plan designation for this area, with prior adoption of GPA No. 08-1079, allows single family residential development, office commercial devlopment and retail commerical development; and WHEREAS, the City Council has considered and Concurs with the following findings made by the Planning Commission as set forth in Resolution No. 155-08, adopted on December 18, 2008: 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 ~AK~e,P that the proposed project could not have a significant effect on the ~ ~,~ ~. ... U ORIC~NNAt, 4. The proposed project is consistent with surrounding uses. 5. The proposed project, as shown on Exhibit "B", 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 "B". 7. 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. SECTION 1. follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as 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 the City, the boundaries of which property is shown on Zoning Map 101-23 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "A", and subject to approval of GPA No. 08-1079. 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. ------- -000--------- ~~~AK~9 . Page 2 of 3 ~PIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, the City of Bakersfield at a regular meeting thereof held on following vote: by the Council of by the AYES: COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: Exhibit A -Mitigation/Conditions of Approval B -Zoning Map 101-23 C -Zone Change Legal Description BM - S:\GPA 4th 2008\08-1079\Res-Ord\CC Ord 08-1079.doc ~~,14KF,9~ U ORIQINAL EXHIBIT A Mitigation/Conditions of Approval ~~A~KE,q~ U ORIC~I~rq{. EXHIBIT A Mitigation/Conditions of Approval General Plan AmendmentlZone Change 08-1079 At a future time deemed appropriate by the City, the applicant or future property owner shall complete the cul-de-sac (western portion) of Phairfield Street along the northeastern edge of the GPA project site. For orderly development. 2. At a future time deemed appropriate by the City, the applicant or future property owner shall construct a street between the retail commercial areas and the residential designations/zoning areas and astreet/driveway between the existing and proposed office commercial area. For orderly development. 3. The proposed Suburban Residential area shall not have direct access to Allen Road. For orderly development. 4. The proposed development shall allow for pedestrian access between the residential area and the retail/office commercial areas. For orderly development. 5. Provide a 30 foot wide landscaped setback area inclusive of the standard 5 foot sidewalk along the east side of the property proposed to be zoned C-O/PCD. Construct a seven foot high block wall along the west side of the landscape area with adjustment to wall height to accommodate site line considerations at approved access points. The subject wall shall connect to the wall along the residential site to the north so as not to allow east to west pedestrian access. The Landscape area shall include a meandering sidewalk and a variety of tree sizes including 15 gallon, 24 inch and 48" box sizes. Screening shrubbery in the form of Photinia Fraseri -Red Tip Photinia shall be planted along the face of the wall. For orderly development. Cultural Resources 6. 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 impacts. 7. 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 impacts. ~~wK~9 U ORIE~INAL Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 2 of 6 8. If unrecorded cultural resources are located during development of the site, work must halt in the vicinity and the finds must be assessed by a qualified archaeologist. Mitigation for potentially significant impacts. Air Quality 9. The proposed project will have air pollutant emissions associated with the construction and occupied use of the project site. Prior to grading plan 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. For potentially significant impacts. Biological Resources 10. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owl, and comply with the provisions of the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). Survey protocol shall be that recommend by the State Department of Fish and Game. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department priorto ground disturbance. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C. F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs. To avoid violation of the take provisions of these laws generally requires that project-related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1 -August 15, annually). Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and/or imprisonment. For potentially significant impacts. 11. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommend by the State Department of Fish and Game. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department priorto ground disturbance. Forpotentiallysignificanf impacts. Public Works 12. Along with the submittal of any development plan, priorto approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: v ORIGINAL Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 3 of 6 a. Provide fully executed dedication for Rosedale Highway (SR 58) to CalTrans' arterial standards and Jenkins Road to City of Bakersfield collector standards for the full frontage of the area within the GPA/ZC request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Dedicate the east half of Mathew John Avenue and the east side of the cul-de-sac of Pharfield Avenue, as shown for Tentative Tract 6921, to local standards of the area within the GPA/ZC request. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with the map. b. This GPA/ZC area is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPA/ZC area must be included within the drainage area of adjoining property, see Tract 6921 drainage. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. The study shall show the development's proportionate share of the necessary ultimate storm drainage facilities. The developer shall participate in the development of a Planned Drainage Area, or shall provide some other method for the construction of the ultimate facilities satisfactory to the City Engineer. Any required retention site and necessary easements shall be dedicated to the City or provide an onsite sump that is privately maintained. c. Sewer service must be provided to the GPA/ZC 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 than the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. d. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction orfrom 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 project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC 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 and or site plan review stage. For orderly development. 13. Prior issuance of a building permit ,developer shall pay a major transportation facility fee in the amount of $0.35 per square foot for commercial and/or $2487 for residential dwelling unit. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the ty~~AK~gd' ~J~IGINAL Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 4 of 6 regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is a component of the 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. 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. Payment of the proportionate share of the cost of the median for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. For orderly development. 16. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. 17. SR-58 (Rosedale Highway) is to be constructed to Caltrans standards along the full frontage of the GPA/ZC area. An encroachment permit issued in accordance with Streets and Highways Code Section 671.5 shall be obtained from Caltrans for all placements of encroachments within, under or over State right of way. Encroachments are subject to removal by the Department in accordance with Sections 673 and 720 of the Streets and Highways Code. Encroachment permits do not run with the land. A change of ownership requires a new permit application. For orderlydevelopment. Local Mitigation 18. 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 list of mitigation measures from the traffic study. An updated estimate, based upon current costs, and fee schedule shall 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. Renfro Rd &Hageman Rd, Add 1 EBL, 1 EBT, 1 EBR, 2.4% share. b. Jenkins Rd &Hageman Rd, Add 1 NBL, 1 SBL, 6.06% share. c. Renfro Rd & Meacham Rd, Add 1 EBL, 1 WBL, 5.56% share. d. Jenkins Rd & Meacham Rd, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 23.28% share. e. Allen Rd & Meacham Rd, Add 1 EBL, 3.44% share. f. Rudd Ave & Rosedale Hwy, Install Signal, 4.68% share. g. Jenkins Rd & Rosedale Hwy, 1 NBT, 1 NBR, 1 SBL, 1 SBT, 1 SBR, 5.12% share. h. Allen Rd & Rosedale Hwy, 1 NBT, 1 SBL, 1 SBT, 1 SBR, 5.12% share. i. Jenkins Rd & Palm Ave, Install Signal, 1 EBL, 1 WBL, 1 NBL, 1 SBL, 16.07% share. j. Jenkins Rd & Brimhall Rd, 1 SBL, 1 SBR, 4.62% share. k. West Beltway SB & Rosedale Hwy, 1 SBL, 1 SBT, 0.97% share. I. West Beltway NB & Rosedale Hwy, 1 NBL, 1 NBT, 1.31 % share. m. Allen Rd: Hageman Rd -Rosedale Hwy, Add 2 lanes, Add median, 2.02% share. For orderly development. ~c~AK~-9 t~~01t~AL Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 5 of 6 Note: NB -north bound, SB -south bound, WB -west bound, EB -east bound, L -Left turn lane, T -Through lane, R -Right turn lane. ~~AKE'9~.c' Exhibit A GPA/ZC 08-1079 Mitigation/Conditions of Approval Page 6 of 6 Regional Transportation Impact Fee 19. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in place for the various land use types at time of development. For orderly development. City Attorney Condition 20. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. 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. The City will promptly notify Applicant of any such claim, action or preceding, 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. BM:\\S:\GPA 4th 2008\08-1079\Res-Ord\Exhibit A reso-cc.doc ~~~AK~9~'.c• C ORIGINAL EXHIBIT B Zoning Map 101-23 c'~~AK~9d'.~ r o(~la1NAL ~ - W - ~~ ~ N W W M N Of ~ N u J° N O a ~~ W G C N 1 ~ W I ~ W I I ~= N w u ~ ~ Z r- u W I .O z z_ ~ `$ = a ~ ~ O ,_ _ w W J ; W i ° z ~ 2 yz ~`Y} po ~ a J 7 ry I W 00 ~"'20W~~~ j SO <Z ~H ~N ~ aWW ' (] ~ = ~y i 02 W W C"g ~~N~• JO Js ~ W N pN 2 yN L =.ZN 6 C 3 GO > a a~ O L I I J V N W y Q P ¢ O N t u ~ Y = 4 $ ~ ~ t e jy ~ a ~WS = Z ~ y=j 2 yN~ WN ~ z ~ W > O ~ ~ O S n ~ W L ~ 5 y O ~' N ~ N !O J W 3 ~ O I C N 6~ u W O ~ Q o o V= Vy Z W a W W ~~lr~~~6 aNQJNa W a a~ N N YI ~a~~W~NYJ ~ I ~ 6 ~ `r kl V Y ~ i a II W4 4 SZ CQ = V= = : JF=2 jai~!i~~$~^„p ~aiu<Zy=~u~F7~N^'~~g Q' w m s b Jpp V W yp ap Ly L ~yy=~' I~y ~Ly<W1a~n.WN 6~ i W W W V =~ y 6a=` W V V O U> S_ 6 Op O;> J I a t = O O Y ~ T O Z I Z O F U~ N 6 F a ~1 ~~ ~ Z y V ~ V u C O O J ; a I i~ y -j Vj yy~~ yy11 WW 13 S ~ ~S ~ J W ~ JJ Wy y66 ~' ~ ~ ~ 6 R ~ J J - a ~ u~i L 6 6~ 6 Y~ J~ .-i -. 7-• M1 6 V ~ V %l p J V 0 6 a 1 V a l t Y ~. O F .L o ~, Z N o i I s ~O W W ( ~ W ~ 1 ~ r a a nnin rr-N ., • aLO-"'u u-"' "' s x~x eas ~ ~s f I i~")" i ~ U~ N I J . W suicaa° c a iii ilia a i asuuuuul ZONE CHANGE 08-1079 STAFF RECOMMENDATIO 1l 101 d°W ~~s + ~_ aa ------- ---~ -- ~ ,~.` y ~v r `'/ ~'a $ 1 1 ~ a: K W T ~ I Q 4J W ~~~ U J K '~ f Y ~ tY K ~ a _ _ W '15 Ol3ld it l'I Nd F; ~ u ~ ~ ~ ~ c ~ C W W ~ O W ~ ~ a °1 iS r I(i '~ ;M Y t ' ~ ~ ~ < C a .~~.', u ~ ~ W W .~.. . ` W ' .W. c W ~. W c YS r ~~ ~ ~ ~ fV I W E ¢ ~ II ° --- L------~I ~--- e° _ __-~ r--- ~________ _-- ~I i ~ I~ I y a: a. I I I ` ~~ N ~I it ~ ~~ W '. ~ Q II ~~ a ~ I i 11 S a: ~~ i ~ I~ i ~I I ~ II i I~ ~ ~I i } •aa I ,! tl LL (0( do(y aas W g s o Y e- ~ ~ a~,~ :a W~." ~ - __ "~~ I - < a i pis w i -° ~ °6 ' fyY~Y Ya~ ~ :~81t q`„~ r t ?Vi=a ;r:a :a"a ~~`a «~a~ ~ aa~-~ ° ~ii~ ~ ~ ~~ ~Q 9 o .o ~° V ~'~ ~ ~~~~~ ~ `a~ ~al :?tal'[ Y~~yS~yyf4 L1I ~~I:FS N ~. ~ :, ~ W - T I I I _ 1 v$ W i K 1 O ~ U c a Qa V u as V i e J~ ~ i N M (Y ~ w ~ ~~ ~ ""~ ~~ .. ~~~ r 3=g'.~ =~a ZONING MA 101-23 ~ ~R`IC.~IN~AL EXHIBIT C Zone Change Legal Description °``~j~K~r'¢`t~ U ORI~MNAL LEGAL DESCRIPTIONS FOR ZONE CHANGE ZONE CHANGE : A to E Being a portion of the Southwest quarter of the Southeast quarter of Section 23, Township 29 South, Range 26 East, M.D.M., in the County of Kern, State of California according to the Map entitled "Sales Map of Lands of J.B. Haggin in Section 23, Township 29 South, Range 26 East, M.D.M" filed July 17,1890, and more particularly described as follows; Parcel 1: Lot 30 of said Section 23, EXCEPT the southerly 900 feet thereof, as measured parallel with the South line of said Lot. Said South line being the North line of the sixty foot right-0f--way centered upon State Route 58, more commonly known as "Rosedale Highway." Together with lot 29 of said Section 23, EXCEPT the southerly 900 feet thereof, as measured parallel with the South line of said Lot. Said South line being the North line of the sixty foot right-of-way centered upon State Route 58, more commonly known as "Rosedale Highway." Encompassing an area of 13.5 acres, more or less. O~~pK~9~'.n } rn ~ o c~ ORIGINAL LEGAL DESCRIPTIONS FOR ZONE CHANGE ZONE CHANGE: A TO C-O/PCD Being a portion of the Southwest quarter of the Southeast quarter of Section 23, Township 29 South, Range 26 East, M.D.M., in the County of Kern, State of California, according to the Map entitled "Sales Map of Lands of J.B. Haggin in Section 23, Township 29 South, Range 26 East, M.D.M." filed July 17,1890, and more particularly described as follows; Parcel 1: The northerly 487 of the southerly 900' of Lot 30 of said Section 23, as measured parallel with the South line of said Lot Said South line being the North line of the sixty foot right-of--way centered upon State Route 58, more commonly known as "Rosedale Highway". Encompassing an area of 7.41 acres, more or less. ZONE CHANGE: A TO C-2/PCD Parcel 2: Lot 29 of said Section 23, EXCEPTIlJG therefrom the northerly 443.96. Encompassing an area of 12.0 acres, more or less. ~~,p-K~ J ~~ OF~i~,1NAl.