HomeMy WebLinkAboutRES NO 096-10
RESOLUTION NO. 0 9 6' 10
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 10-0045, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED
ALONG THE EAST SIDE OF STINE ROAD, GENERALY BETWEEN
MCKEE ROAD AND TAFT HIGHWAY.
WHEREAS, Max Bacerra & Associates, forSamir & Anu Mohan, the property owners,
filed an application requesting a General Plan Amendment to change 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 Thursday,
June 17, 2010, on General Plan Amendment No. 10-0045, notice of the time and place of
said hearing having been given at least twenty (20) calendar days before said June 17, 2010
hearing by publication in The Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, General Plan Amendment No. 10-0045, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 10-0045:
Max Bacerra & Associates for Samir & Anu Mohan, applied to amend the
Land Use Element of the Metropolitan Bakersfield General Plan consisting of a
change from SR (Suburban Residential) to HMR (High Medium Density
Residential) on 4.78 acres. The project site is located along the east side of
Stine Road, generally between McKee Road and Taft Highway; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 10-0045
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. 15-10 on June 17, 2010, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 10-0045 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
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WHEREAS, the City 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, August 11, 2010, on General Plan Amendment No. 10-0045 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 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 adopted jointly by the
City and the County be declared invalid and void (RTIF Lawsuit); and
WHEREAS, the City of Bakersfield has notified the applicant of the following due to the
RTIF Lawsuit:
1. The applicant and/or owner is proceeding at its own risk; and
2. That the applicant and/or owner acknowledges its duty to defend and
indemnify the City of Bakersfield as required under our 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.
WHEREAS, the City Council has considered and hereby makes the following findings:
1. 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. 15-10 adopted on June
17, 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.
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e. The land use designation change from SR (Suburban Residential) to HMR
(High Medium Density Residential) on 4.78 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 infrastructure exists or can easily be provided to accommodate the
type of development.
NOW, THEREFORE, BE IT RESOLVED and found by the Planning Commission 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. 10-0045 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.
10-0045, constituting changes as shown on the map marked Exhibit "B",
attached hereto and incorporated as though fully set forth, for property
located along the east side of Stine Road, generally between McKee Road
and Taft Highway, subject to mitigation/conditions of approval found in
attached Exhibit "A".
5. That General Plan Amendment No. 10-0045, 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 Land Use Element.
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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
AUG 1. 1 7010 by the following vote:
COUNCILMEMBER CARSON, I WEIR, COUCH, HAN ON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER fltrwo
A N: COUNCILMEMBER t1%
ABSE : COUNCILMEMBER I-h-_ Gym
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 11 2010
HARV L`HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney j
By:
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
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Exhibit A
Mitigation Measures & Conditions of Approval
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EXHIBIT A
MITIGATION MEASURES & CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 10-0045
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 (MBTA) 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.
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Exhibit A
Mitigation Measures & Conditions of Approval
GPA/ZC 10-0045
Page 2
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 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.
Cultural Impact Mitigation Measures
4. 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 remains) and the local Native
American community shall be notified immediately. Mitigation for potentially
significant cultural resource impacts.
5. 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.
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Exhibit A
Mitigation Measures & Conditions of Approval
GPA/ZC 10-0045
Page 3
Public Works
6. Along with the submittal of any development plan, prior to approval of
improvement plans, or with the application for a lot line adjustment or parcel
merger, the following shall occur:
a. Provide fully executed dedication for Stine Road to arterial standards for
the full frontage of the area within the GPA request. Dedications shall
include sufficient widths for expanded intersections and additional areas
for landscaping as directed by the City Engineer. Submit a current title
report with the dedication documents. If a tentative subdivision map over
the entire GPA/ZC area is submitted, dedication can be provided with the
map.
b. Submit a comprehensive drainage study to be reviewed and approved
by the City Engineer. No more than 1 sump may be utilized to serve this
area; these sumps should be located so that they may be available to
serve adjacent areas as they develop. If only one sump is utilized to serve
this GPA/ZC area, it need not be so located. The study shall be approved
and any required retention site and necessary easements dedicated to
the City.
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 that 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 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 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 $AKF
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ORIGINAL
Exhibit A
Mitigation Measures & Conditions of Approval
GPA/ZC 10-0045
Page 4
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.
7. 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.
8. 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.
9. The development is required to pay into the adopted Regional Traffic Impact
Fee fixed rate program.
10. A traffic impact analysis was prepared for the project site and submitted to the
City in by Hansen Engineering. We have reviewed the analysis in light of the
City's recent requirements and concur that the trip generation from this change
in use will decrease the trip generation volumes for the project, resulting in
minimal impact.
11. Access to the site is limited. Any drive approaches to the site from Stine Road
shall be located on the northern portion of the parcel to allow for right turn
deceleration lanes within the frontage.
City Attorney
12. 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.
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ORIGINAL
Exhibit A
Mitigation Measures & Conditions of Approval
GPA/ZC 10-0045
Page 5
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 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.
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Exhibit B
General Plan Amendment Map
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ORDINANCE NO.
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO
R-2/PUD (LIMITED MULTIPLE FAMILY DWELLING/PLANNED UNIT
DEVELOPMENT) LOCATED ALONG THE EAST SIDE OF STINE
ROAD, GENERALLY BETWEEN MCKEE ROAD AND TAFT
HIGHWAY. (ZC NO. 10-0045).
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 in the
City of Bakersfield located along the east side of Stine Road, generally between
McKee Road and Taft Highway; and
WHEREAS, by Resolution No. 16-10 on June 18, 2009, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 10-0045 as delineated on attached
map marked Exhibit "B", by this City 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 zoning of the subject property
from A (Agriculture) to R-2/PUD (Limited Multiple Family Dwelling/ Planned Unit
Development) zone on 4.78 acres, and from A (Agriculture) to R-1 (One Family
Dwelling) zone on 11.26 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
May 24, 2010, in accordance with CEQA; and
WHEREAS, the general plan designation for this area, with prior adoption of
General Plan Amendment No. 10-0045, allows for residential devlopment; and
WHEREAS, the City Council has considered and concurs with the following
findings made by the Planning Commission as set forth in Resolution No. 16-10, adopted
on June 17, 2010:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been
followed.
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Page 1 of 3 y
ORIGINAL
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 withwith CEQA.
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, with prior approval of GPA 10-
0045.
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.
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. Title 17 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 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 prior approval
of GPA No. 10-0045.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date
of its passage.
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~ORIGINAL~
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
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 Measures and Conditions of Approval
B - Zone Change Location Map
C - Zone Change Legal Description
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Page 3 of 3
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nRIGINAL
Exhibit A
Mitigation Measures & Conditions of Approval
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ORIGINAL
EXHIBIT A
MITIGATION MEASURES & CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 10-0045
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.
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ORIGINAL
Exhibit A
Mitigation Measures & Conditions of Approval
GPA/ZC 10-0045
Page 2
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 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.
Cultural Impact Mitigation Measures
4. 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 remains) and the local Native
American community shall be notified immediately. Mitigation for potentially
significant cultural resource impacts.
5. 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. o~ 0AKF9N
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ORIGINAL
Exhibit A
Mitigation Measures & Conditions of Approval
GPA/ZC 10-0045
Page 3
Public Works
6. Along with the submittal of any development plan, prior to approval of
improvement plans, or with the application for a lot line adjustment or parcel
merger, the following shall occur:
a. Provide fully executed dedication for Stine Road to arterial standards for
the full frontage of the area within the GPA request. Dedications shall
include sufficient widths for expanded intersections and additional areas
for landscaping as directed by the City Engineer. Submit a current title
report with the dedication documents. If a tentative subdivision map over
the entire GPA/ZC area is submitted, dedication can be provided with the
map.
b. Submit a comprehensive drainage study to be reviewed and approved
by the City Engineer. No more than 1 sump may be utilized to serve this
area; these sumps should be located so that they may be available to
serve adjacent areas as they develop. If only one sump is utilized to serve
this GPA/ZC area, it need not be so located. The study shall be approved
and any required retention site and necessary easements dedicated to
the City.
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 that 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 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 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
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Exhibit A
Mitigation Measures & Conditions of Approval
GPA/ZC 10-0045
Page 4
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.
7. 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.
8. 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.
9. The development is required to pay into the adopted Regional Traffic Impact
Fee fixed rate program.
10. A traffic impact analysis was prepared for the project site and submitted to the
City in by Hansen Engineering. We have reviewed the analysis in light of the
City's recent requirements and concur that the trip generation from this change
in use will decrease the trip generation volumes for the project, resulting in
minimal impact.
11. Access to the site is limited. Any drive approaches to the site from Stine Road
shall be located on the northern portion of the parcel to allow for right turn
deceleration lanes within the frontage.
City Attorney
12. 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.
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Exhibit A
Mitigation Measures & Conditions of Approval
GPA/ZC 10-0045
Page 5
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 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.
DL\\ S:\GPAs\GPA 2nd 2010\10-0045\Admin SR\Exhibit A.doc
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Exhibit B
Zone Change Location Map
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Exhibit C
Zone Change Legal Description
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ORIGINAL
LEGAL DESCRIPTION
OF APN 514-020-09
CHANGING THE ZONING DESIGNATION
OF AGRICULTURE (A) - COUNTY.OF KERN
TO R-2 - PUD - CITY OF BAKERSFIELD
THAT PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST'/ OF SECTION 35, TOWNSHIP 30 SOUTH,
RANGE 27 EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA, ALSO BEING A PORTION OF LOT 24
IN SAID SECTION 35 ACCORDING TO "KERN COUNTY SALES MAP NO.1 OF LANDS OF J.B. HAGGIN" FILED
FOR RECORD MAY 3, 1889 IN THE OFICE OF THE KERN COUNTY RECORDER, SAID LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
50 HE POINT SECTION 35, SAID CORNER
INTERSECTION OF THE ALSO BEING
COMMENCING AT THE MO SAED LOT 24 AND CORNER OF SAID
THE NORTHWEST CORNER OF
CENTERLINES OF McKEE ROAD AND STINE ROAD;
THENCE S. 00°35'25" W. ALONG THE WEST LINE OF SAID LOT 24 AND SAID STINE ROAD CENTERLINE,
987.67 FEET;
THENCE S. 8 30.00 FEET TO A POINT
AN ANGLE POINT OOF THE EXISTING CORPORATE BOUNDARY LINE OF THE
ROAD, SAID POINT ALSO BEING
CITY OF BAKERSFIELD AND IS THE POINT OF BEGINNING;
(1) THENCE CONTINUING S. LLINE'OF'SAE. ALONG SAID ID LOT AID POINT CORPORATE
ALSO BEING AN ANGLE POINT IN
TOAPOINT POINT ON ONTHE HE E
SAID CORPORATE BOUNDARY LINE;
(2) THENCE S. 00°34'35" W. ALONG THE EAST LINE OF SAID LOT 24 AND SAID CORPORATE
BOUNDARY LANE, 330.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 24;
(3) THENCE N. 89-04'14" W. WAY LINE OF SAID STINE ROAD, SAID POINT ALSO BEING A PO NT T
ON THE EASTERLY ERLY RIGHT OF OF
ON SAID CORPORATE BOUNDARY LINE;
(4) THENCE N. 00°34'25" E. ALONG SAID EASTERLY RIGHT OF WAY LINE AND CORPORATE
BOUNDARY LINE, 330.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.78 ACRES, MORE OR LESS
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PANAMA SCHOOL DISTRICT
ZONE CHANGE LEGAL DESCRIPTION
THAT PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST'/. OF SECTION 35, TOWNSHIP 30 SOUTH,
RANGE 27 EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA, ALSO BEING A PORTION OF LOT 25
IN SAID SECTION 35 ACCORDING TO KERN COUNTY SALES MAP NO. 10F LANDS OF J.B. HAGGIN" FILED
FOR RECORD MAY 3, 1889 IN THE KERN COUNTY RECORDER'S OFFICE, SAID LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35, SAID CORNER ALSO BEING THE
SOUTHWEST CORNER OF SAID LOT 25 AND IS ALSO THE POINT OF INTERSECTION OF THE CENTERLINES
OF STINE ROAD AND TAFT HIGHWAY (STATE ROUTE 119); THENCE N.00134'25"E. ALONG THE WEST LINE
OF SAID LOT 25 AND SAID CENTERLINE OF STINE ROAD, 45.00 FEET; THENCE AT RIGHT ANGLES
5.89025 35 E., 30.00 FEET TO A POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF SAID
STINE ROAD AND THE NORTHERLY RIGHT OF WAY LINE OF SAID TAFT HIGHWAY, SAID POINT BEING THE
POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE OF STINE ROAD THE
FOLLOWING COURSES: N.00034'25"E., 226.88 FEET; 5.89003'31"E., 25.00 FEET; N.00034'25"E., 675.01
FEET; N.89003'31"W., 25.00 FEET; N.00034'25"E., 370.59 FEET; THENCE S.89004'14"E. ALONG THE
NORTH LINE OF SAID LOT 25, 421.72 FEET; THENCE 5.00°34'35"W.,1109.06 FEET; THENCE
N.89003'31"W., 243.70 FEET; THENCE 5.00°56'29"W.,178.71 FEET TO A POINT ON THE NORTHERLY
RIGHT OF WAY LINE O SAID
O AN ANGLE POINT; THENCE N.79°59'57W RIGHT
OF WAY LINE, 81.64 FEET T W. ALONG SAID NORTHERLY RIGHT
OF WAY LINE, 96.48 FEET TO THE POINT OF BEGINNING.
CONTAINING 11.06 ACRES, MORE OR LESS
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