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HomeMy WebLinkAboutRES NO 054-10 RESOLUTION NO. 0 5 4- 10 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 10-0008, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF PACHECO ROAD AND GOSFORD ROAD. WHEREAS, McIntosh & Associates, filed an application requesting a General Plan Amendment, to change the land use designations of certain property in 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 Thursday, March 18, 2010, on General Plan Amendment No. 10-0008, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, General Plan Amendment No. 10-0008, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 10-0008: McIntosh & Associates applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from GC (General Commercial) to HMR (High Medium Density Residential) on 11.4 acres and from LR (Low Density Residential) to HMR on 0.76 acres, generally located on the southeast corner of Pacheco Road and Gosford Road; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 10-0008 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. 2-10 on March 18, 2010, the Planning Commission recommended approval and adoption of General Plan Amendment No. 10-0008 subject to the "Mitigation Measures & 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, May 5, 2010, on General Plan Amendment No. 10-0008, 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: Page 1 of 4 J ~ ORIGINAL. I . The above recitals and findings are true and correct. 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 2-10 on March 18,2010: 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 practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. e. The land use designation change from GC (General Commercial) to HMR (High Medium Density Residential) on 11.4 acres and from LR (Low Density Residential) to HMR on 0.76 acres is compatible with the land use designations of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan. f. 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 applicant by prior written agreement to comply with all adopted mitigation measures contained within the Negative Declaration. 4. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. WHEREAS, the City of Bakersfield and the County of Kern were recently served with a lawsuit by the local Home Builders Association of Kern County seeking, among other things, a court determination that the Regional Transportation Impact Fee (RTIF) adopted jointly by the City and County be declared invalid and void (RTIF Lawsuit); and WHEREAS, the City of Bakersfield has notified the applicant, McIntosh & Associates, representing JEC Panama, LLC and MPW Properties, LLC, of the following due to the RTIF Lawsuit: 1. The applicant is proceeding at its own risk; and 8k Page 2 of 4 r ORIGINAL. 2. That the applicant and property owner acknowledge their duty to defend and indemnify the City of Bakersfield as required under the Bakersfield Municipal Code and conditions of approval if the City is challenged; and 3. That the City reserves the right, if a project is subject to a lawsuit, to request a continuance/delay of the adjudication of such lawsuit until resolution of the RTIF Lawsuit. NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals and findings incorporated herein are true and correct. 2. The Negative Declaration for the General Plan Amendment No. 10-0008 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. 10-0008, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located on the southeast corner of Pacheco Road and Gosford Road, and subject to the Mitigation Measures & Conditions of Approval as listed in Exhibit "A." 5. That General Plan Amendment No. 10-0008, approved herein, be combined with other approved General Plan Amendment cases in this some cycle described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. 000-------- ~~AK~r9 Page 3 of 4 r J O ORIGINAL 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 May 5, 2010, by the following vote: ~ AYE COUNCILMEMBER _ CA~/ RSON, BENHAM. WEIR, CO CH HANON SULLI/VAN SCRIVNER NOES: COUNCILMEMBER AcnslL ABSTAIN: COUNCILMEMBER nono ABSENT: COUNCILMEMBER nc(\J~ 4"Z&,n/ ROBERTA GAFIORDCl I' CITY CLERK and Ex Offi f Clerk of the Council of the City of Bakersfield APPROVED MAY 0 5 2010 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By .0 ?71 Exhibit A - Mitigation Measures & Conditions of Approval B - General Plan Amendment Map CG - S:\GPAs\GPA 1st 2010\10-0008\Reso Ord\CC Resolution GPA 10-0008.doc ~+3AKe Page 4 of 4 r- m v ORIGINA , Exhibit A Mitigation Measures & Conditions of Approval ~AKF9~T m v p ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval General Plan Amendment/Zone Change No. 10-0008 Air Quality Mitigation Measures 1. The proposed project will have air pollutant emissions associated with the construction and 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. Mitigation for potentially significant air quality impact. Biological Impact Mitigation Measures 2. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owls, and comply with the provisions of the Migratory Bird Treaty Act (META) of 1918 (16 U.S.C. 703-711). Survey protocol shall be that recommended 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 (META) 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. Mitigation for potentially significant biological resource impact. 3. 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 recommended 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 current MBHCP expires in year 2014. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2014 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit) before the 2014 expiration date will be eligible JeKe Page 1 of 5 ORONAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA/ZC No. 10-0008 pay fees under the current MBHCP. Early payment or pre-payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2014 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Game Department. Mitigation for potentially significant biological resource impact. 4. Four, likely, San Joaquin kit fox den entrances were observed on the north slope of the sump in the northeast corner of the project site. The following mitigation measures shall be taken to reduce the impact to the potential dens or any other sensitive species: a. The potential dens shall be avoided and if the impact to the dens is unavoidable, then the den shall be monitored for activity and excavated no earlier than May 1, 2010, and with written permission of the California Department of Fish and Game. b. A "tailgate" session for all construction personnel be conducted by a qualified biologist, prior to initial ground disturbance, relative to all environmental federal, state and local law. It is recommended that all construction personnel be trained in sensitive species identification and avoidance techniques and that any evidence, such as sensitive species activity, dens, or burrows, observed at any time during construction be promptly reported to the reviewing agencies for resolution. C. 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. d. Escape ramps shall be provided for any trenches or ditches left open during construction and deeper than two and a half feet. e. All trash containers located on the site during construction shall be closed and that all trash or other food waste be place in the designated containers. Mitigation for potentially significant biological resource impact. Cultural Impact Mitigation Measures 5. 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 Resource Code which details the appropriate actions necessary for addressing thce Page 2of5 p ORIGINAL. EXHIBIT A Mitigation Measures & Conditions of Approval GPA/ZC No. 10-0008 remains) and the local Native American community shall be notified immediately. Mitigation for potentially significant cultural resource impacts. 6. Prior to ground-disturbance activities associated with this project, personnel associates with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e. archaeological sites, artifacts, features, burials, etc.) that may be encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The applicant/developer of the project site shall submit documentation to the Planning Department that they have met this requirement prior to commencement of ground- disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist. Mitigation for potentially significant cultural resource impacts. Public Works 7. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. There is an approved drainage study for Parcel Map 11118 that covers this GPA/ZC area. Modify this study for the land use change and submit to the City Engineer for review and approval. The development shall be responsible for any upsizing of drainage facilities necessitated by this change. b. 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 costs. C. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. d. 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 Page 3 of 5 o ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA/ZC No. 10-0008 unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. For orderly development. 8. The entire area covered by this General Plan Amendment is included in the Consolidated Maintenance District. This GPA/ZC will change the annual assessment. For orderly development. 9. Access to the project area from Gosford Road is provided by a private road. Provide access easements, CC&R's and Property Owners Association By-Laws showing that unrestricted access is provided for all residents, construction vehicles, service vehicles, emergency services and all other vehicles needing to use the road system to construct, support and maintain the private community of which this subdivision is all or a part of. For orderly development and public health, welfare and safety. 10. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. Mitigation for potentially significant traffic impacts. City Attorney 11. 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 proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in Page 4 of 5 o ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA/ZC No. 10-0008 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. CG:\\S:\GPAs\GPA 1st 2010\10-0008\Conditions Ex A.doc gAKF9' i Page 5 of 5 OL) 0 RIGINAL Exhibit B General Plan Amendment Location Map o``®AKF9~ ~ m r v a ORIGINAL ~ ! I I I ( ~ 0 0 W 'a ° I I }I j w w ti CL Iii I W ! U J I ~ I'I I J Q > O CW) _ I~ J II ,J ~ I ~ MEAD DR JOKERS OW I ii o J Mp~- I i ~ I ~ J II II G~.p% 44 O - 2SN d32i81.1SIW OJ I I y II ~ r I I w l Ir ~SSi N I W N A w I 1 ~ I 1 ,/NZA ~ I~ V >I I ,w O a .U M M W w I VERB ~ ~ z r W O Z 1NW J N I IOI JI o !l ~w Im 1I I 1 %PSES~ ' w Q ° ~ zl ~ 31 ~ m ER ~ I J Ili ' ~ II ~ I I I \~~-J / p~ J N 1 ~ MI 1 ~ I ~ C EAR ~ ~ ~ H \ Z _ \ ( \ ~O 3AV-1 MO4`dHSi- W I° J M I I! ' Otis ~ \S Z ° i III I II ~ O~ I~ I J i ! I W; IIZz Z J J U Vr III IS y a o U I W - z ~ 04 I ON ONOZIsOE) r NI ~ I I J I i ° -of NlN301VO i U _ C9 - - ~ ~ I a 11 ~ I3 ! I ~ ~gAKF9 - w lO 192i3H13M m - I ~ II V O ORIGINAL ORDINANCE NO. AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 11.4 ACRES AND FROM R-1 (ONE FAMILY DWELLING) TO R-2 ON 0.76 ACRES, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF PACHECO ROAD AND GOSFORD ROAD (ZC NO. 10-0008). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located on the southeast corner of Pacheco Road and Gosford Road; and WHEREAS, by Resolution No. 3-10 on March 18, 2010, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 10-0008 as delineated on attached Zoning Map 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 changes in zoning of the subject property from C-1 (Neighborhood Commercial) to R-2 (Limited Multiple Family Dwelling) on 11.4 acres and from R-1 (One Family Dwelling) to R-2 on 0.76 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 February 10, 2010 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development on the 12.16-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. 3-10, adopted on March 18, 2010: 1. All required public notices have been given. o``gAKF9~ T Page 1 of 4 o 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 "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" WHEREAS, the City of Bakersfield and the County of Kern were recently served with a lawsuit by the local Home Builders Association of Kern County seeking, among other things, a court determination that the Regional Transportation Impact Fee (RTIF) adopted jointly by the City and County be declared invalid and void (RTIF Lawsuit); and WHEREAS, the City of Bakersfield has notified the applicant, McIntosh & Associates, representing JEC Panama, LLC and MPW Properties, LLC, of the following due to the RTIF Lawsuit: 1. The applicant is proceeding at its own risk; and 2. That the applicant and property owner acknowledge their duty to defend and indemnify the City of Bakersfield as required under the Bakersfield Municipal Code and conditions of approval if the City is challenged; and 3. That the City reserves the right, if a project is subject to a lawsuit, to request a continuance/delay of the adjudication of such lawsuit until resolution of the RTIF Lawsuit. 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 changin the land use zoning of that certain property in said City, AK69s Page 2 of 4 o 0RIGNAL boundaries of which property is shown on Zoning Map 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 Measures & Conditions of Approval" listed in attached Exhibit "A", subject to approval of GPA No. 10-0008. 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--------- o~~AKF9N Page 3 of 4 o ORIGINAL. 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 May 5, 2010, by the following vote: AYES: COUNCILMEMBER CARSON BENHAM WEIR COUCH HANSON SULLIVAN SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER ROBERTA GAFFORD, 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 Mreasures & Conditions of Approval B - Zone Change Location Map C - Zone Change Legal Description CG - S:\GPAs\GPA 1 st 20 1 0\ 1 0-0008\Reso Ord\CC ZC Ordinance 10-0008.doc O~SAKF,q W, Page 4 of 4 ORIGINA, Exhibit A Mitigation Measures & Conditions of Approval o``pak"F9~ r v c ORIGINA► Exhibit A Mitigation Measures & Conditions of Approval General Plan Amendment/Zone Change No. 10-0008 Air Quality Mitigation Measures 1. The proposed project will have air pollutant emissions associated with the construction and 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. Mitigation for potentially significant air quality impact. Biological Impact Mitigation Measures 2. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owls, and comply with the provisions of the Migratory Bird Treaty Act (META) of 1918 (16 U.S.C. 703-711). Survey protocol shall be that recommended 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. Mitigation for potentially significant biological resource impact. 3. 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 recommended 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 current MBHCP expires in year 2014. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2014 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit) before the 2014 expiration date will be eligible to ~OAKeg Page 1 of 5 m ~ o ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA/ZC No. 10-0008 pay fees under the current MBHCP. Early payment or pre-payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2014 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Game Department. Mitigation for potentially significant biological resource impact. 4. Four, likely, San Joaquin kit fox den entrances were observed on the north slope of the sump in the northeast corner of the project site. The following mitigation measures shall be taken to reduce the impact to the potential dens or any other sensitive species: a. The potential dens shall be avoided and if the impact to the dens is unavoidable, then the den shall be monitored for activity and excavated no earlier than May 1, 2010, and with written permission of the California Department of Fish and Game. b. A "tailgate" session for all construction personnel be conducted by a qualified biologist, prior to initial ground disturbance, relative to all environmental federal, state and local law. It is recommended that all construction personnel be trained in sensitive species identification and avoidance techniques and that any evidence, such as sensitive species activity, dens, or burrows, observed at any time during construction be promptly reported to the reviewing agencies for resolution. C. 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. d. Escape ramps shall be provided for any trenches or ditches left open during construction and deeper than two and a half feet. e. All trash containers located on the site during construction shall be closed and that all trash or other food waste be place in the designated containers. Mitigation for potentially significant biological resource impact. Cultural Impact Mitigation Measures 5. 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 Resource Code which details the appropriate actions necessary for addressing the pKF9~, Fn r- Page 2 of 5 ORIGINAICI EXHIBIT A Mitigation Measures & Conditions of Approval GPA/ZC No. 10-0008 remains) and the local Native American community shall be notified immediately. Mitigation for potentially significant cultural resource impacts. 6. Prior to ground-disturbance activities associated with this project, personnel associates with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e. archaeological sites, artifacts, features, burials, etc.) that may be encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The applicant/developer of the project site shall submit documentation to the Planning Department that they have met this requirement prior to commencement of ground- disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist. Mitigation for potentially significant cultural resource impacts. Public Works 7. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. There is an approved drainage study for Parcel Map 11118 that covers this GPA/ZC area. Modify this study for the land use change and submit to the City Engineer for review and approval. The development shall be responsible for any upsizing of drainage facilities necessitated by this change. b. 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 costs. C. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. d. 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, o``gAKF_ W Page 3 of 5 o ORIGINAL. EXHIBIT A Mitigation Measures & Conditions of Approval GPA/ZC No. 10-0008 unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. For orderly development. 8. The entire area covered by this General Plan Amendment is included in the Consolidated Maintenance District. This GPA/ZC will change the annual assessment. For orderly development. 9. Access to the project area from Gosford Road is provided by a private road. Provide access easements, CC&R's and Property Owners Association By-Laws showing that unrestricted access is provided for all residents, construction vehicles, service vehicles, emergency services and all other vehicles needing to use the road system to construct, support and maintain the private community of which this subdivision is all or a part of. For orderly development and public health, welfare and safety. 10. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. Mitigation for potentially significant traffic impacts. City Attornev 11. 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 proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in o~AKe Page 4 of 5 o ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA/ZC No. 10-0008 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. CG:\\S:\GPAs\GPA 1st 2010\10-0008\Conditions Ex A.doc OAKe Page 5 of 5 OPIGINA+~ Exhibit B Zone Change Location Map m U ~ O ORIGINAL LLJ 0 I a ~ ~ , ~ Z N LL uj > ) ~ LLI D Un l - -I MEADOW pTTERS__-- I I ~SSS~ 4 a rl a' SNV3HSAlSIW.-- ~YI I WI IW N w Iw OVER% ~T~ W - n _ m O ~o W ~ ; Z _o ! o 3 ILu IN ~ RGPT% a ❑ d 1 I Q ~ I I 1ST W M N co R N ~ LP J 1140 3NVl MOOdHS_.-/ - - W A (D R U !W / U Q IU ~ \ W w _ ~W W Z r hI ZI Z O V 0 I \I U ; I as OHO:ASO°J I N I li i i U I ~ N O' % Nla3GIVD ¢ W o I a i p~~A~F9cf' ~ - - - --~w i Fes- m r n 10A883H13M l= U CD ORIGINAI I Exhibit C Zone Change Legal Description sAKs U r OPIGINA EXHIBIT "A" PROPOSED ZONE CHANGE LEGAL DESCRIPTION PARCEL "A": PROPOSED R-2 (FROM C-1) BEING ALL OF PARCELS 1, 2, AND "A" OF PARCEL MAP NO. 11118 PHASE 2, FILED FOR RECORD JANUARY 29, 2008 IN BOOK 56 OF PARCEL MAPS AT PAGES 89 AND 90 AND A PORTION OF LOT 2 OF LOT LINE ADJUSTMENT NO. 06-1298, AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 2006 AS DOCUMENT NO. 0206314770 OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL MAP; THENCE ALONG THE FOLLOWING SIX (6) COURSES: 1) SOUTH 89°08'58" EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL MAP AND THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 689.83 FEET TO AN ANGLE POINT IN THE NORTHERLY LINE OF SAID LOT 2; THENCE 2) NORTH 00°51'07" EAST, CONTINUING ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 100.00 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE 3) SOUTH 89°08'58" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 247.68 FEET TO THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 2; THENCE 4) DEPARTING SAID NORTHERLY LINE, SOUTH 00°38'17" WEST, ALONG SAID NORTHERLY PROLONGATION AND SAID EASTERLY LINE, A DISTANCE OF 600.76 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE . 5) NORTH 89°20'36" WEST, ALONG THE SOUTHERLY LINE OF. SAID LOT 2 AND THE SOUTHERLY LINE OF SAID PARCEL MAP, A DISTANCE OF 939.74 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL MAP; THENCE 6) NORTH 00°51'02" EAST, ALONG THE WESTERLY LINE OF SAID PARCEL MAP, A DISTANCE OF 503.94 FEET TO THE POINT OF BEGINNING. CONTAINING 11.40 (GROSS) ACRES, MORE OR LESS. 10 ,~FFREY 1. MART~1 * EXP 0 Its >k S 57 Q- CAL MAssocwTES 661.834-4814 • Fax 834-0972 2001 Wheelan Court • Bakersfield, CA 93309 OA i- m U O P:\PROJECTS\09124\Legals\09124ZC01.doc GC 1/5/2010 ORIGINAI EXHIBIT "A" PROPOSED ZONE CHANGE LEGAL DESCRIPTION (CONTINUED) PARCEL "B": PROPOSED R-2 (FROM R-1) COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL MAP; THENCE SOUTH 89°08'58" EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL MAP AND THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 689.83 FEET TO AN ANGLE POINT IN THE NORTHERLY LINE OF SAID LOT 2; THENCE NORTH 00°51'07" EAST, CONTINUING ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 100.00 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE SOUTH 89°08'58" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 247.68 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE INTERSECTION OF SAID NORTHERLY LINE AND THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 2; THENCE ALONG THE FOLLOWING FOUR (4) COURSES: 1) CONTINUING SOUTH 89°08'58" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 501.64 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID LOT 2, SAID POINT ALSO BEING A POINT OF CUSP WITH A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 548.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 00°51'02" WEST; THENCE 2) WESTERLY ALONG SAID CURVE AND THE SOUTHEASTERLY LINE OF SAID LOT 2, THROUGH A CENTRAL ANGLE OF 29°26'32", AN ARC DISTANCE OF 281.60 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 598.00 FEET; THENCE 3) WESTERLY ALONG SAID CURVE AND SAID SOUTHEASTERLY LINE, THROUGH A CENTRAL ANGLE OF 23°28'17", AN ARC DISTANCE OF 244.97 FEET TO AN ANGLE POINT IN THE EASTERLY LINE OF SAID LOT 2; THENCE 4) NORTH 00°38'17" EAST, ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 2, A DISTANCE OF 144.76 FEET TO THE POINT OF BEGINNING. CONTAINING 0.76 (GROSS) ACRES, MORE OR LESS. NO So JEFFREY L MARTIN * EXP-U 0- LS 5798 r CA FOA~^ ,.c . MCINTOSH AssociAms 661-834-4814 • Fax 834.0972 2001 Wheelan Court • Bakersfield, CA 93309 O~ OAKF,9~ ~ o P:\PROJECTS\09124\LEGALS\09124ZC01.DOC GC 1/5/2010 ORIGINAI