HomeMy WebLinkAboutRES NO 017-11RESOLUTION NO. 0 1 7 11
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 10-0488, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED
NORTH OF TAFT HWY (STATE ROUTE 119) AND 600 FEET WEST OF
WIBLE ROAD.
WHEREAS, Scott Underhill, for Wible Investors II, LLC et al, the property owners, filed
an application requesting a General Plan Amendment to change the land use designation
of that certain property located within 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,
December 16, 2010, on General Plan Amendment No. 10-0488, notice of the time and place
of said hearing having been given at least thirty (30) calendar days before said December
16, 2010 hearing by publication in The Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, General Plan Amendment No. 10-0488, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 10-0488:
Scott Underhill, for Wible Investors II, LLC et al, applied to amend the Land Use
Element of the Metropolitan Bakersfield General Plan consisting of a change
from LR (Low Density Residential) to LMR (Low Medium Density Residential) on
approximately 8 acres, OC (Office Commercial) on approximately 6 acres
and GC (General Commercial) on approximately 4 acres. The project site is
located north of Taft Hwy (State Route 119) and 600 feet west of Wible Road;
and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 10-0488
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. 51-10 on December 16, 2010, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 10-0488 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 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, February 16, 201 1, on General Plan Amendment No. 10-0488 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 o~ bNK499
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ORIGINAL
WHEREAS, the City Council has considered and hereby makes the following findings:
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. 51-10 adopted on
December 16, 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 LR (Low Density Residential) to
LMR (Low Medium Density Residential) on approximately 8 acres, OC
(Office Commercial) on approximately 6 acres and GC (General
Commercial) on approximately 4 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 of the 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. 10-0488 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.
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4. The City Council hereby approves and adopts General Plan Amendment No.
10-0488, constituting changes as shown on the map marked Exhibit "B",
attached hereto and incorporated as though fully set forth, for property
located north of Taft Hwy (State Route 119) and 600 feet west of Wible Road,
subject to mitigation/conditions of approval found in attached Exhibit "A".
5. That General Plan Amendment No. 10-0488, 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 Land Use Element.
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ORIGINAL
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
FEB 1 6 2011 by the following vote:
AYE COUNCILMEMBER: SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN,S-CVAoScr.
S: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER: VANNU
ABSENT: COUNCILMEMBER: (~MO
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
FEB 1 6 2011
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GE~VNAR0
City Attorn
By:
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
CG:\\S:\GPAs\GPA 4th 201 0\1 0-0488\Reso Ord\CC Res 10-0488.doc
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APPROVED
Exhibit A
Mitigation/Conditions of Approval
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ORIG NAL
Exhibit A
Mitigation Measures L Conditions of Approval
General Plan Amendment/Zone Change No. 10-0488
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 air quality impacts.
2. As the project will be completed in compliance with SJVAPCD Regulation VIII, dust control measures
will be taken to ensure compliance specifically during grading and construction phases. The
mitigation measures to be taken are as follows:
a) Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the site
or approaches 20% opacity.
b) Water all unpaved haul roads a minimum of three-times/day or whenever visible dust from such
roads is capable of drifting from the site or approaches 20% opacity.
c) Reduce speed on unpaved roads to less than 15 miles per hour.
d) Install and maintain a track out control device that meets the specifications of SJVAPCD Rule
8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by
vehicles with three or more axles.
e) Stabilize all disturbed areas, including storage piles, which are not being actively utilized for
production purposes using water, chemical stabilizers or by covering with a tarp or other suitable
cover.
f) Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling,
grading, or cut and fill operations with application of water or by presoaking.
g) When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or
effectively wet to limit visible dust emissions.
h) Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the
end of each workday. (Use of dry rotary brushes is prohibited except when preceded or
accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly
forbidden).
i) Stabilize the surface of storage piles following the addition or removal of materials using water or
chemical stabilizer/suppressants.
j) Remove visible track-out from the site at the end of each workday.
k) Cease grading or other activities that cause excessive (greater than 20% opacity) dust formation
during periods of high winds (greater than 20 mph over a one-hour period).
Mitigation for air quality impacts.
3. The GAMAQI guidance document lists the following measures as approved and recommended for
construction activities. These measures shall be required to ensure that the proposed project
emissions are not exceeded:
a) Maintain all construction equipment as recommended by manufacturer manuals.
b) Shut down equipment when not in use for extended periods.
c) Construction equipment shall operate no longer than eight (8) cumulative hours per day.
d) Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered
equipment.
e) Curtail use of high-emitting construction equipment during periods of high or excessive ambient
pollutant concentrations such as "Spare-the-Air" days as declared by the SJVAPCD.
f) All construction vehicles shall be equipped with proper emissions control equipment and kept in
good and proper running order to substantially reduce NOx emissions. ~g KF9
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g) On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under
manufacturer's guidelines.
h) On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under
manufacturer's guidelines.
i) On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if
permitted under manufacturer's guidelines.
j) Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economic and
available to reduce NOx emissions.
k) All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or to
remain on-site during lunch breaks.
1) All construction activities within the project area shall be discontinued during the first stage smog
alerts.
m) Construction and grading activities shall not be allowed during first stage ozone alerts. First
stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average).
Mitigation for air quality impacts.
4. The following mitigation measures are to further reduce the potential for long-term emissions from
the project. These measures will be required to ensure that the proposed project emissions are not
exceeded:
a) The project design shall comply with standards set forth in Title 24 of the Uniform Building Code to
minimize total consumption of energy.
b) Applicants shall be required to comply with applicable mitigation measures in the Air Quality
Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules
for the SJVAPCD.
c) The developer shall comply with the provisions of SJVAPCD Rule 4601 - Architectural Coatings,
during the construction of all buildings and facilities. Application of architectural coatings shall
be completed in a manner that poses the least emissions impacts whenever such application is
deemed proficient.
d) The applicant shall comply with the provisions of SJVAPCD Rule 4641 during the construction and
pavement of all roads and parking areas within the project area. Specifically, the applicant
shall not allow the use of:
i) Rapid cure cutback asphalt;
ii) Medium cure cutback asphalt;
iii) Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or Emulsified
asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4).
iv) The developer shall comply with applicable provisions of SJVAPCD Rule 9510 (Indirect Source
Review).
Mitigation for air quality impacts.
Biological Impact Mitiaation Measures
5. Prior to ground disturbance, the developer shall have a qualified consultant survey the project site
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). Section%SSPKF s~
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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 biological impacts.
6. Prior to ground disturbance, the developer shall have a qualified consultant survey the project site
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 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 biological impacts.
Cultural Impact Mitigation Measures
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 Resource Code which details the appropriate actions
necessary for addressing the remains) and the local Native American community shall be notified
immediately.
Mitigation for cultural and archaeological impacts.
8. 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 cultural and archaeological impacts.
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Noise Impact Mitigation Measures
9. At the time of site plan review, a site-specific acoustical analysis shall be conducted by a qualified
acoustical engineer to determine if proposed residential use will require construction of sound walls
or if other measures shall be implemented to achieve an exterior noise exposure of 65 dB CNEL or
less at the site of the homes.
The site-specific acoustical analysis shall be the responsibility of the Project Developer, and shall
include measures to maintain the 20 dB reduction between exterior and interior noise levels. If the
homes located on the project site are within the 65 dB contour and exterior noise cannot be
reduced to 65 dB or below by use of a sound wall, then interior noise reduction measures shall be
used. Interior noise reduction can be achieved by providing windows facing Taft Highway with
assemblies having a minimum laboratory-tested sound transmission class (STC) rating of 35.
Mitigation for noise impacts.
Traffic Impact Mitigation Measures
10. The City of Bakersfield has two standards for determining whether project traffic has a significant
impact, and therefore, requires mitigation. First, mitigation would be required when the addition of
project traffic causes the level of service of an intersection or roadway to drop below LOS C.
Second, if an intersection or street operates below LOS C prior to the addition of project traffic,
mitigation would be required only as necessary to maintain the status quo.
Intersection and roadway improvements needed to maintain or improve operational level of service
in the years 2016 and 2035 are shown in the tables below, respectively. These tables also identify
which improvements are not covered by the Regional Transportation Impact Fee (RTIF) program
and the project's percent share for the cost of all non-RTIF (local mitigation) improvements:
Future Intersection Improvements and Local Mitigation
Local Mitigation
Project
(Improvements
Share for
Total Improvements
Total Improvements
not covered by
local
#
Intersection
Required b 2016
Required b 2035
RTIF
Mitigation
Stine Rd &
Install Signal -1 EBL, 1
Install Signal -1 EBL, 1
1
Hoskin Ave
WBL, 1 NBL, 1 SBL
WBL, 1 WBR, 1 NBL, 1 SBL
-
-
Wible Rd &
Install Signal -1 WBR, 2
2
Hoskin Ave
Install Signal -1 NBL, 1 SBL
NBL, 2 SBL
-
-
Stine Rd & Taft
1 EBT, 1 WBR, 1 NBL, 1
5
Hwy SR 119)
-
SBL
-
-
Akers Rd & Taft
6
Hwy SR 119)
-
Install Signal
-
-
Wible Rd & Taft
7
Hwy SR 119
-
1 EBT, 1 WBT, 1 NBL, 1 SBL
-
-
Hughes Ln & Taft
8
Hwy SR 119)
-
Install Signal
Install Signal
5.89%
SR 99 SB Ramp &
9
Taft Hwy SR 119
1 EBT1
1 EBT, 1 WBT, 1 SBL
-
-
South H St & Taft
10
Hwy SR 119
-
1 EBL, 1 NBL
-
-
Notes:
NB = Northbound
SB = Southbound L = Left-Turn Lane
WB = Westbound T = Through Lane
EB = Eastbound R = Right-Turn Lane
'Striping only - Pavement sufficient width to strip additional lane.
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Mitigation Measures/Conditions of Approval
GPA/ZC 10-0488
Future Roadway Improvements and Local Mitigation
Total
Local Mitigation
Project
Total
Improvements
(Improvements
Share for
Improvements
Required by
not covered by
local
Roadway
Required b 2016
2035
RTIF
Mitigation
Wible Rd: Hosking Ave -Taft Hwy
SR 119)
-
Add 2 lanes
-
-
Taft Hwy (SR 119): Stine Rd -Akers
Rd
Add 2 lanes
Add 2 lanes
-
-
Taft Hwy (SR 119): Akers Rd -
Wible Rd
Add 2 lanes
Add 2 lanes
-
-
Taft Hwy (SR 119): Wible Rd -
South H St
Add 2 lanes
Add 2 lanes
-
-
Mitigation for traffic impacts.
Plannina
11. Upon approval of this GPA request, the Applicant/ property owner (and successor owners)
relinquishes and voids all rights and entitlements to all previously approved tentative subdivisions
(Vesting Tentative Tract map #6500), and prior to development on the subject property, applicant/
property owner shall obtain approval of a new subdivision subsequent to this GPA approval.
Mitigation for orderly development.
Public Works
12. 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 Taft Highway (SR 119) to CalTrans 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) Also provide fully executed dedication for Taft Highway (SR 119) to CalTrans standards in front of
the 2.5 acre parcel (APN 514-020-50) adjacent to the west. If it becomes necessary to obtain
any off site right of way and if the developer is unable to obtain the required right of way, then
he shall pay to the City the up-front costs for eminent domain proceedings and enter into an
agreement and post security for the purchase and improvement of said right of way. Unless
constructed prior to the development of this GPA/ZC area, construction of improvements for the
north half of this portion of Taft Highway will be required with the construction of the frontage
improvements.
c) 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. Submit a comprehensive drainage study of the entire
drainage area, including that parcel adjacent to the west shown as APN 514-020-50, 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.
d) 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 over-sizing costs to the developer. Submit verification to the City Engineer NK4
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GPA/ZC 10-0488
of the existing sewer system's capability to accept the additional flows to be generated through
development under the new land use and zoning.
e) 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.
f) 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 stage.
Mitigation for orderly development.
13. Construct full improvements along the adjacent 2.5 acre parcel to the west of the GPA/ZC area,
APN 514-020-50.
Mitigation 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.
Mitigation for orderly development.
15. Taft Highway is an expressway, no access will be allowed on to Taft Highway except at the arterial
and collector intersections. If however, the commercial property constructs an auxiliary lane for the
full frontage of the GPA area, access to Taft Highway can be allowed and will be limited to right-in
and right-out only.
Mitigation for orderly development.
16. Payment of the proportionate share of the cost of the median for the expressway frontage of the
property within the GPA/ZC request, including the adjacent 2.5 acre parcel to the west, APN 514-
020-50, is required prior to recordation of any map or approval of any improvement plan for the
GPA/ZC area.
Mitigation for orderly development.
17. The Taft Highway crossing of branches of the Farmer's Canal (approx. 0.5 miles to the west and at
the Southeast corner of the GPA/ZC site) needs widening. Developer shall pay their proportionate
share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the
widening of the crossings.
Mitigation for orderly development.
18. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate
program.
Mitigation for traffic impacts.
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 the time of development.
Mitigation for traffic impacts. o.NKF-~
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20. The Phase IV MBRTIF program was the current impact fee program at the time of preparation of the
Traffic Impact Study. The project will be required to participate in the RTIF program that is current at
the time of development of the proposed project regardless of which version of the program is
referenced in and current at the time of preparation of the TIS.
Mitigation for traffic impacts.
21. Pay the proportionate share of the mitigation measures (not paid for by the Regional Transportation
Impact Fee) as indicated in Table 7 from the projects Traffic Impact Study. These tables shall be
updated to reflect the RTIF calculated at time of project development based on the then current
RTIF program in accordance with City of Bakersfield policy. An estimate and fee schedule shall be
developed by the applicant and approved by the City's Public Works Department prior to issuance
of a building permit. Proportionate shares from the study are as follows:
a) Hughes Lane & Taft Highway (SR1 19): Install Signal, 5.89% share
Mitigation for traffic impacts.
22. The project developer will be required to build the street improvements related to the project's
frontage per City of Bakersfield ordinance including the project created intersections. In the course
of constructing the project's frontage, if the project is required to construct improvements identified
in the RTIF program current at time of development, then the developer will receive credits toward
payment of their traffic impact fees commensurate with the cost of construction of those
improvements identified as included in the RTIF program current at time of project development.
Mitigation for traffic impacts.
Recreation and Parks
23. Prior to recordation of a final map, the subdivider shall pay an in-lieu fee, based on a park land
dedication requirement of 2.5 acres per 1000 population in accordance with Chapter 15.80 of the
Bakersfield Municipal Code. The park land dedication for this subdivision shall be for 0.47 acres. If
the number of dwelling units increases or decreases upon recordation of a final map(s), the park
land requirement will change accordingly. Refer to BMC Chapter 15.80 and the Planning
Information Sheet regarding calculation and payment of in-lieu fee. In accordance with
Government Code Section 66020(d), you are hereby notified that the 90-day period in which you
may protest the imposition of this fee has begun.
Mitigation for orderly development.
City Attorney
24. 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,
condition within thirty (30) days of actually receiving such
be allowed to choose the attorney or outside law firm t
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action or proceeding, falling under this
claim. The City, in its sole discretion, shall
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Mitigation Measures/Conditions of Approval
GPA/ZC 10-0488
expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by
another entity or party.
Public Works
25. If the R-1 or R-2 area (portion of APN 514-020-58) north of the GPA/ZC area is developed first, the
access into the R-1 or R-2 area from Strawhouse Trail Road is provided by a sub-standard road. With
the development of the R-1 or R-2 area, approved, improved access to the site must be provided.
The required improvements shall be 32 feet of paving meeting City design standards for a collector
road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if the
developer is unable to obtain the required right of way, then he shall pay to the City the up-front
costs for eminent domain proceedings and enter into an agreement and post security for the
purchase and improvement of said right of way. Taft Highway improvements adjacent to the
proposed C-O and C-2 areas are to be constructed to full width including auxiliary lane into the
subdivision and any construction needed to comply with the Taft Highway limited access as
described in Condition No. 15 above, and or as directed by Cal Trans.
Mitigation for orderly development.
26. At the time the R-2 zoned property is subdivided or developed, or whichever occurs first, the
applicant / property owner shall provide secondary access to APN 514-020-50 from the north to a
public street.
Mitigation for orderly development.
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ORIGINAL
Exhibit B
General Plan Amendment Map
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ORIGINAL
GENERAL PLAN AMENDMENT 10-0488
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