HomeMy WebLinkAboutORD NO 3603ORDINANCE NO. 8 6 0 8
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NOS. 104-11 AND 104-14 BY CHANGING THE
ZONING OF 4.61 ACRES GENERALLY LOCATED SOUTH
OF STATE ROUTE 178 AND EAST OF MIRAMONTE
DRIVE FROM AN R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ZONE TO A PUD (PLANNED UNIT
DEVELOPMENT) ZONE.
WHEREAS, in accordance with the procedure 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 south of State Route 178 and east of
Miramonte Drive; and
WHEREAS, by Resolution No. 35-94 on July 21, 1994, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve zone change of the subject property from an R-2
(Limited Multiple Family Dwelling) zone to a PUD (Planned Unit Development) zone
on 4.61 acres as delineated on attached Zoning Map Nos. 104-11 and 104-14 marked
Exhibit "A", by this Council and this Council has fully considered the recommendations
made by the Planning Commission as set forth in that Resolution; and
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 an R-2
(Limited Multiple Family Dwelling) zone to a PUD (Planned Unit Development) zone
on 4.61 acres and the Council has considered said findings and all appear to be true and
correct; and
WHEREAS, the law and regulations relating to the preparation and
adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's
CEQA Implementation Procedures, have been duly followed by city staff, Planning
Commission and this Council; and
WHEREAS, a Negative Declaration with mitigation was advertised and
posted on May 13, 1994, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. Based on an initial study, staff determined the proposed project will
not significantly affect the physical environment in the area and issuing a Negative
Declaration mitigation is adequate.
4. The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
5. Conditions of approval attached to the project as Exhibit "C", are
included in the project to provide mitigation for potential impacts on kit fox habitat and
Highway 178 noise impacts on the PUD.
6. The applicant intends to start construction within two and one-half
years from effective date of the zoning change.
the general plan.
The proposed planned unit development substantially conforms to
8. In the case of residential development, that such development will
constitute a residential environment of sustained desirability and stability, and that it will
be in harmony with the character of the surrounding neighborhood and community.
9. The development of a harmonious, integrated plan justifies
exceptions from the normal application of this code.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
All of the foregoing recitals are hereby found to be true and
correct.
2. The Negative Declaration is hereby approved and adopted.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City
of Bakersfield be and the same is hereby amended by changing the land use zoning of
that certain property in said City, the boundaries of which property is shown on Zoning
Map Nos. 104-11 and 104-14 marked Exhibit "A" attached hereto and made a part
hereof, and are more specifically described in attached Exhibit "B".
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "C".
2
SECTION 2.
This ordinance shall be posted in accordance with provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
......... 000 .........
3
I HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
S£PO I ~ , by the following vote:
SALVAC~alO
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED $£p 0 ? 1~]/,
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
BY:
LAURA C. MARINO
Assistant City Attorney
DR:pjt
August 1, 1994
res\o5559.cc
4
CITY OF BAKERSFIELD
ZONING MAP 104-11
CITY OF 8AKERSFI£LD
ZONING MAP
SEC, 14 T. 295
LEGENO
104-14
ORDER NO.: 106914
Page ~
~i~IBIT "D"
Legal Description for
Zone Change 5559
R-2 to PUD
ALL THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 6317, IN THE CITY
OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS SHOWN
UPON THE MAP FILED SEPTEMBER 28, 1981 IN BOOK 27, PAGE 16 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AS CORRECTED BY A CERTIFICATE OF CORRECTION RECORDED OCTOBER 23,
1981 IN BOOK 5413, PAGE 788 AND JUNE 30, 1982 IN BOOK 5469, PAGE
2158; TOGETHER WITH A PORTION OF THE NORTH HALF SECTION 15,
TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, BOTH OF
WHICH ARE SHOWN BY CERTIFICATE OF COMPLIANCE RECORDED JANUARY 25,
1985 IN BOOK 5728, PAGE 2071, ALL OF OFFICIAL RECORDS OF SAID
COUNTY, MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL MAP NO. 6317, AS
SHOWN ON MAP FILED IN BOOK 27 OF PARCEL MAPS, AT PAGE 16, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF KERN, SAID POINT
OF COMMENCEMENT BEING ALSO A POINT ON THE WESTERLY LINE OF
SECTION 14, DISTANT THEREON SOUTH 00 DEGREES 03' 20" WEST, 46.21
FEET FROM THE NORTHWEST CORNER THEREOF, THENCE SOUTH 00 DEGREES
03' 20" WEST, ON AND ALONG SAID WESTERLY SECTION LINE 47.48 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 47 DEGREES 13' 29"
WEST, 51.28 FEET; THENCE SOUTH 14 DEGREES 34' 36" WEST, 93.63
FEET; THENCE SOUTH 01 DEGREES 07' 29" WEST, 86.34 FEET; THENCE
SOUTH 08 DEGREES 29' 40" EAST, 85.43 FEET; THENCE SOUTH 18
DEGREES 10' 48" EAST, 246.55 FEET THENCE SOUTH 10 DEGREES 57' 20"
EAST, 145.12 FEET; THENCE SOUTH 03 DEGREES 53' 41" EAST 136.68
FEET; THENCE SOUTH 00 DEGREES 23' 57" EAST, 88.20 FEET; THENCE
SOUTH 00 DEGREES 13' 08" WEST, 62.49 FEET; THENCE SOUTH 10
DEGREES 38' 14" EAST, 49.74 FEET; THENCE NORTH 89 DEGREES 56' 40"
WEST 29.04 FEET, MORE OR LESS TO THE EASTERLY RIGHT OF WAY LINE
OF MIRAMONTE DRIVE; THENCE SOUTH 00 DEGREES 03' 20" WEST, ON AND
ALONG SAID EASTERLY RIGHT OF WAY LINE, 50.00 FEET; THENCE LEAVING
SAID RIGHT OF WAY LINE, SOUTH 89 DEGREES 56' 40" EAST, 9.00 FEET
TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 300;.00 FEET THENCE NORTHEASTERLY, ON AND ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 22 DEGREES 03' 20", AN ARC
DISTANCE OF 115.48 FEET; THENCE NORTH 68 DEGREES 00' 00" EAST,
275.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 300.00 FEET; THENCE
NORTHEASTERLY ON AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
90 DEGREES 14' 54" AN ARC DISTANCE OF 48.42 FEET; THENCE SOUTH 12
DEGREES 45' 06" EAST, 16.00 FEET TO A POINT ON A NON-TANGENT
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 284.00 FEET,
FROM WHICH THE RADIAL POINT OF SAID CURVE BEARS SOUTH 12 DEGREES
45' 06" EAST; THENCE NORTHEASTERLY ON AND ALONG SAID CURVE
THROUGH A CENTRAL OF 12 DEGREES 48' 26" AN ARC DISTANCE OF 63.48
FEET; THENCE SOUTH 89 DEGREES 56' 40" EAST, 49.84 FEET; THENCE
Exhibit "B"
ZC 5559
Page 2
ORDER NO.: 106914
NORTH 00 DEGREES 03' 20" EAST, 38.00 FEET TO A POINT ON A NON-
TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 201.00
FEET, FROM WHICH THE RADIAL POINT OF SAID CURVE BEARS NORTH 20
DEGREES 06' 11" EAST; THENCE NORTHEASTERLY ON AND ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 05 DEGREES 13' 55", AN ARC
DISTANCE OF 18.35 FEET; THENCE NORTH 64 DEGREES 39' 45" WEST,
323.97 FEET; THENCE NORTH 16 DEGREES 14' 35" WEST, 252.56 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 521.56 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 521.95 FEET; THENCE
NORTHWESTERLY, ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 11 DEGREES 20' 42" AN ARC DISTANCE OF 103.35 FEET TO A POINT
OF COMMON TANGENCY WITH A CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 228.00 FEET; THENCE NORTHEASTERLY, ON AND ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 87 DEGREES 25' 52" AN ARC
DISTANCE OF 347.92 FEET TO A POINT OF REVERSE, TANGENT CURVATURE,
WITH A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 173.00
FEET; THENCE NORTHEASTERLY ON AND ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 50 DEGREES 28' 45" AN ARC DISTANCE OF 152.42
FEET TO A POINT OF REVERSE, TANGENT CURVATURE WITH A CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 157.00 FEET; THENCE
NORTHEASTERLY, ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 62 DEGREES 58' 16" AN ARC DISTANCE OF 172.55 FEET TO A POINT
OF REVERSE, TANGENT CURVATURE WITH A CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 173.00 FEET; THENCE
NORTHEASTERLY, ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 41 DEGREES 25' 37" AN ARC DISTANCE OF 125.09 FEET; THENCE
NORTH 53 DEGREES 35' 53" EAST, 101.70 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 157.00
FEET; THENCE NORTHEASTERLY, ON AND ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 29 DEGREES 27' 50" AN ARC DISTANCE OF 80.74
FEET; THENCE NORTH 20 DEGREES 42' 35" WEST, 230.41 FEET; THENCE
SOUTH 69 DEGREES 18' 48" WEST, 657.69 FEET; THENCE SOUTH 66
DEGREES 54' 53" WEST, 168.30 FEET; THENCE SOUTH 63 DEGREES 47'
07" WEST, 80.39 FEET; THENCE SOUTH 47 DEGREES 13' 29" WEST, 3.44
FEET, MORE OR LESS, TO THE WESTERLY LINE OF SECTION 14, AND THE
TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS TRACT
4786 PHASE A FILED AUGUST 29, 1985 IN BOOK 34, PAGES 142 AND 143
OF MAPS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS
TRACT 4786 PHASE B FILED JUNE 25, 1990 IN BOOK 38, PAGES 13 AND
14 OF MAPS.
Exhibit "B"
ZC 5559
Page 3
ORDER NO.: 106914
ALSO EXCEPTING THEREFROM ALL THAT PORTION BOUNDED ON THE NORTH
AND WEST BY THE SOUTH AND EAST LINES OF TRACT 4786, PHASE B,
FILED JUNE 25, 1990 IN BOOK 38, PAGES 13 AND 14 OF MAPS; BOUNDED
ON THE SOUTH BY THE NORTH LINES OF TRACT 4786, PHASE A, FILED
JUNE 25, 1990 IN BOOK 34, PAGES 142 AND 153 OF MAPS; BOUNDED ON
THE EAST BY THE WEST LINE OF PARCEL 3 OF PARCEL MAP 6317, FILED
SEPTEMBER 28, 1981 IN BOOK 27, PAGE 16 OF PARCEL MAPS.
ALSO EXCEPTING FROM THAT PORTION OF SAID LAND LYING WITHIN
SECTION 14, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO
MERIDIAN, ALL MINERALS AND MINERAL RIGHTS AND GAS IN SAID LAND,
AS EXCEPTED AND RESERVED UNTO THE UNITED STATES OF AMERICA, IN
THE PATENT FROM THE STATE OF CALIFORNIA, TO H. A. MYHEW, RECORDED
OCTOBER 11, 1918 IN BOOK 17, PAGE 175 OF PATENTS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPTING FROM THAT PORTION OF LAND LYING WITHIN THE NORTH
HALF OF SECTION 15 ALL MINERALS AND MINERAL ORES, INCLUDING, BUT
NOT LIMITED TO, ALL OIL, NATURAL GAS, AND HYDROCARBON SUBSTANCES,
GEOTHERMAL STEAM, BRINES AND MINERALS, IN SOLUTION, GRAVEL AND
AGGREGATES, AND PRODUCTS DERIVED THEREFROM, LYING BELOW A DEPTH
OF 500 FEET FROM THE SURFACE, AS SEVERED IN PRIOR DEEDS OF
RECORD.
ALSO EXCEPTING FROM THAT PORTION OF SAID LAND LYING WITHIN
SECTION 11, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO
MERIDIAN, ALL MINERALS AND MINERAL RIGHTS, INCLUDING OIL, GAS,
ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES, IN, ON, UNDER AND
ABOUT SAID PREMISES HEREINABOVE DESCRIBED, AS RESERVED BY H & W
PIERCE, INCORPORATED, A CALIFORNIA CORPORATION IN DEED RECORDED
OCTOBER 18, 1913 IN BOOK 285, PAGE 231 OF DEEDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXHIBIT "C'
Zone Change No. 5559
and PUD Final Development Plans
Conditions of Approval
In order to mitigate the impacts of any natural to urban land cxmversion on the San Joaquin kit
fox (a State and Federally-listed Endangered Species), the applicant must, prior to ground
disturbance, follow the Advisory Notice, detailing the Interim Mitigation Measures established for
the Metropolitan Bakersfield I-fabitat Conservation Plan. (Mitigation)
Prior to filing of a final map, the subdivider shall construct a six-foot high masonry wall along
Highway 178 as shown on the tentative tract. Wall height shall be measured to the highest
adjacent grade. The 6-foot masonry wall shall return southward at the east and west boundaries
of the tract for a minimum distance of 30 feet to protect end lot yards from flanking sound
transmission. The PUD zone designation required as Planning Department Condition #9 shall
address design and maintenance of the wall.
The general note pertaining to this wall on the Final Development Plans which states "wall
segments to be constructed by owner as each lot is developed" shall be deleted, since as previously
noted it shall be constructed prior to filing of final map.
The applicant is requesting a change in the construction materials for the required six-foot high
wall from masonry to wood frame and plaster. To maintain adequate noise attenuation
characteristics, the wall shall have a surface density of at least two pounds per square foot (as
specified in the Noise Study for TF 5706). (Mitigation)
Site Plan Review Conditions for P.U.D. 5559
"A" CONDITIONS: This category contains conditions that require specific alterations to your plans.
These changes must be reflected on the plans required by the Building Department for plan check. The
Building Department will not begin plan cheek until all "d" Conditions are correctly indicated on the plans
submitted for plan cheek.
4. Show all fire hydrant locations and required fire flows on site plan. (Fire)
5. Provide secondary emergency access. (Fire)
"B" CONDITIONS: This category conslsts of conditions that must be satisfied before the Building
Department will begin checking plans submitted for plan check.
Contact Fire Safety Control Division, 1715 Chester Avenue, Suite 300, (Fire Prevention Bureau)
for fire and safety requirements. Provide one (1) set of building plans showing required plan
corrections to Fire Safety Control (Fire Marshal, (805) 326-3951). (Fire)
7. Install four fire hydrant(s) as shown on attached plans prior to final site plan approval. (Fire)
8. Provide and show secondary emergency access. (Fire)
9. Provide three copies of the grading plans with two copies of the preliminary soils report to the
Building Department. (Building)
Exhibit "C"
ZC #5559; PUD
Page 2
"C" CONDITIONS: This category consists of informational notes that might be helpful to you. It also
contains conditions that must be satisfied sometime after plan check is begun. The deadline for complying
with each of these conditions is specified in the condition.
10.
All streets and access roads to and around any building under construction must be at least 20
feet of unobstructed width and graded to prevent ponding at all times. Barricades must be placed
where ditches and barriers exist in roadways. Emergency vehicle access must be reliable at all
times. (Fire)
11. Based upon available information, fire flow requirement may be 2,000 gallons per minute.
All persons required to furnish fire hydrants are hereby required to purchase the required fire
hydrants from the City of Bakersfield. (Fire)
12.
Provide the Fire Department with one set of approved water plans prior to the issuance of any
building permit. (Fire)
13.
Contact Building Department for any proposed signage. Review does not include signage. A
separate permit is required for all new signage, including construction signs. (Building)
14.
Provide fire resistive wall construction details for exterior walls of buildings at property line.
(Building)
15. Show compliance with all handicap requirements as per State Building Code. (Building)
16. A final soils report shall be submitted prior to issuance of a building permit. (Building)
17.
An Acoustical Consultant shall design the structures within the project to mitigate noise exposures
at the property line of 65 dB or greater in accordance with the CNEL contours and Title 24 of the
California Administration Code. (Building)
18.
Provide dwelling unit identification signs/plans for approval by the Building Department.
(Building)
19. School district fees will be assessed at the time of issuance of a building permit. (Building)
20.
A transportation impact fee for regional facilities shall be paid at the rate in effect at the time of
issuance of a building permit. Based on the rate schedule in effect for the 1993-1994 fiscal year
and the proposed project use, a rate of $1,179 per dwelling unit would be anticipated. Upon
submission of construction plans for the project, the Public Works Department will provide an
estimate of the total fee. (F. ngineeringServices)
p:5559.ea
EXHIBIT "C"
Tentative Tract 5706
Page 1
PUBLIC WORKS
The maximum length of a cul-de-sac shall be 600 feet.
Drainage from this subdivision shall be in accordance with the Rio Bravo master drainage plan. If
runoff from this subdivision ultimately discharges into the Kern River, then treatment measures to
ensure discharge flows conform to the requirements of the Clean Water Act shall be implemented.
No runoff from this subdivision shall be permitted to enter the reservoir.
Prior to recordation of a Final Map,
3.1 the subdivider shall provide to the City Engineer evidence of Building Department and Kern
county Health Department approval of the water and sewer systems.
3.2 concurrently with recordation of the Final Map, a covenant shall be recorded, such covenant
shall contain information with respect to the formation of, or addition of territory to a
maintenance district for this tract. Said covenant shall also contain information pertaining
to the maximum anticipated annual cost per single family dwelling for the maintenance of
landscaping associated with this tract.
3.3 the subdivider shall pay his proportionate share of the estimated costs for median island
construction in State Route 178.
Upon issuance of a building permit, fees (all based upon the charges or rates in effect at the time of
issuance of the building permit) shall be paid to the City for the following:
4.1 regional traffic impact fee;
4.2 local traffic mitigation fee.
4.3 sewer connection fees if the area sewers drain into a municipal system.
To avoid possible conflicts at the installation stage, the subdivider shall consult with the utility
companies to ensure there is sufficient clearance between the street light foundations and all utility
lines, whether underground or overhead.
If electrical service points for street lights aren't available to be shown on street improvement plans,
then they shall be shown on utility composite plans to be filed with the City Engineer prior to
acceptance of improvements.
The subdivider shall ensure the utility understands conduit for street light electrical services shall be
kept within the street rights-of-way, unless prior approval is obtained from the City Engineer.
The subdivider shall provide secondary access to the subdivision as necessary to bring the subdivision
into conformance with maximum cul-de-sac lengths, or as required by emergency services.
Conditions Revised
per PUD ZC 5559
July 21, 1994
EXHIBIT "C"
Tentative Tract 5706
Page 2
10
11
12
13
14
15
16
17
Until such time as Lakeside Way is extended, connecting to an existing street, a temporary turnaround
shall be provided at the easterly end of the subdivision. This shall be subject to final resolution prior
to issuance of a building permit.
Type & location of centralized mail delivery units, the location to be approved by the City Engineer,
shall be determined in consultation between the subdivider and the Postal Service. If the Postal
Service requires special easements for placement of delivery units, then said special easements shall
be shown on the Final Map.
Above-ground utility cabinets or facilities may not be installed within the public road right-of-way
without approval by the City Engineer.
Parking shall be eliminated from one side of the private street.
If secondary access to the subdivision is required, then the subdivider shall improve said access in a
manner acceptable to the City Engineer and to the Fire Chief. This shall be subject to final resolution
prior to issuance of a building permit.
The pedestrian walkway shall be improved to match the existing wall~vays.
Improvement plans shall be submitted to the City Engineer for his review. ltowever, the City will not
perform any construction inspection. Prior to review of improvement plans by the City,
15.1 a grading plan for the subdivision shall be submitted to and approved by the City
Engineer.
15.2 all concept approvals shall be obtained and the subdivider shall submit:
15.2.1 a preliminary soil report covering the entire subdivision, with R values, and
engineering calculations to justify the structural sections proposed.
15.2.2 a preliminary engineer's estimate.
15.2.3 a plan check fees based on the preliminary engineer's estimate.
Concurrently with recordation of the Final Map, a covenant shall be recorded, such covenant shall
contain information with respect to the formation of, or addition of territory to a maintenance district
for this tract. Said covenant shall also contain information pertaining to the maximum anticipated
annual cost per single family dwelling for the maintenance of landscaping associated with this tract.
Prior to recordation of a Final Map,
17.1 the subdivider shall provide verification from Olcese Water District that the District's
requirementsas listed in their June 23, 1993, letter to the Planning Department for sewer and
water service have been met.
17.2 if this is to be a phased development, the City Engineer shall approve the area to be included
and will determine the extent of improvements to be constructed with each phase of
development.
Conditions Rm,ised
per PUD ZC 5559
July 21, 1994
EXHIBIT "C"
Tentative Tract 5706
Page 3
18
19
17.3 all improvement plans, including those for any required median islands, walls, landscaping,
and irrigation, shall be approved by the City Engineer. Construction plans for walls shall be
an independent set of plans.
17.4 C.C. & R.'s and llomeowner's Association By-Laws for the subdivision, with inclusion or
annexation into the overall association, shall be submitted to and approved by the City. The
documents shall be recorded concurrently with the Final Map.
Prior to the City filing a Notice of Completion for the improvements,
18.1 the subdivider's engineer shall file with the City Engineer his inspection record and a
statement certifying that all improvements are complete and were constructed in accordance
with all approved plans, standards, and specifications.
18.2 Certificates of Compliance from the manufacturers of products shall be submitted on all
materials used in the project, including but not limited to manholes, frames and covers, pipe,
poles, pull boxes, concrete.
18.3 all street lights shall be energized and fully operational, and all costs, including any start-up
costs required by the utility company, shall be borne by the subdivider.
18.4 Record Drawings of the required improvements, signed by a registered Civil Engineer, shall
be provided to the City Engineer.
18.5 the utility composite plan shall be submitted to the City Engineer.
18.6 "as-graded" plans, signed by a registered Civil Engineer, shall be provided to the City
Engineer.
No occupancy of any lot will be permitted until all required improvements have been completed by
the subdivider and a Notice of Completion filed by the City.
BUILDING DEPARTMENT
Prior to the filing of the final map, the subdivider shall obtain approval of a preliminaq, soils report
and grading plan. The soils report shall include recommendations for any expansive soils conditions.
(BMC 16.44)
Prior to the issuance of a building permit an approved final soils report will be required. (BMC
16.44)
Prior to permitting occupancy of any lot all required improvements must be accepted by the City of
Bakersfield. (BMC 16.16 and BMC 16.32)
Prior to recordation of a final map, an Acoustical study prepared by a qualified acoustical consultant
shall be provided to show that structures within the project area are designed to mitigate noise
exposures to a level of 65db CNEL or less in exterior activity areas and 45db CNEL or less in interior
living areas in accordance with the Noise Element of the 2010 General Plan. (Noise Element Policies
Numbers I and 2)
Conditions Revised
per PUD ZC 5559
July 21, 1~4
EXHIBIT "C"
Tentative Tract 5706
Page 4
FIRE DEPARTMENT
3 Fire hydrants will be required.
Based upon available information, fire flow requirement will be 2,000 gallons per minute.
Water mains are to meet I.S.O. and City requirements with dead end mains no less than 8 inches
diameter in size.
Prior to issuance of a building permit, water mains and fire hydrants to be installed by developer shah
be completed, tested and accepted (UFC 10.502, 10.503). All hydrants shall be kept in service and
made accessible to the fire department apparatus by roadways meeting the requirements of Uniform
Fire Code 10.204.
All subdividers and all persons otherwise to purchase necessary nuts, bolts and gaskets, from the City
of Bakersfield and install all hydrants no more than 6 inches from permanent line and grade and pay
the total cost thereof. (BMC 16.32.060).
All streets and access roads to and around any building under construction must be at least 20 feet
in width and graded to prevent ponding at all times.
Barricades must be placed where ditches and/or barriers exist in roadways. Emergency vehicle access
must be reliable at all times.
Prior to issuance of a building permit, secondary access must be provided. More than one fire
apparatus road may be required when it is determined by the fire chief that access by a single road
may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that
could limit access. (UFC 10.502)
PARKS DIVISION
Walls and landscaping are required adjacent to the north property line as approved by future wall and
landscape plans. (BMC 16.28.170).
Landscaping will be required between back of sidewalk and face of wall/fence, adjacent to all non-
buildable lots, i.e. sumps, drill sites, etc., where such lots front interior streets.
Prior to the filing of the final map, a maintenance district shall be established, the subdivision shall
be annexed into an existing district, form a new districl, or the subdivider shall provide an alternate
means of maintenance which is acceptable to the City for parks and street landscape improvements.
Subdivider is responsible for submitting a letter to the Public Works Department requesting inclusion
in a district by one of these methods. The city will not accept maintenance responsibilities for the
area without a funding mechanism in place at the end of the six month maintenance period.
Conditions Revised
per pUD ZC 5559
Jump 21, 1994
EXHIBIT "C"
Tentative Tract 5706
Page 5
Prior to the filing of the final map, the Subdivider shall submit detailed irrigation, landscape, and wall
construction plans for review by the City Parks Division, and approval by the City Engineer.
Prior to filing of the final map, the subdivider shall either install all landscaping and automatic
irrigation systems or enter inlo a separate agreement wilh the City and post approved security to
guarantee their installation.
At least 48 hours prior to installation of the irrigation system and landscaping, the Subdivider shall
notify the City Engineer and the City Parks Division.
The Subdivider shall maintain all irrigation and landscape for a period of not less than one hundred
eighty (180) days after receiving written acceptance by the City Parks Division. The water and
electricity will be paid by the subdivider until the end of the one hundred eighty (180) day
maintenance period and final written acceptance by the City.
Alter the one hundred eighty (180) days and the final written acceptance by the city, the Subdivider
will be responsible for providing the Parks Division with the respective utility account numbers so that
billing may be transferred to the City.
Should landscaping in the area involve slopes greater than 4:1, then the maintenance period shall be
24 months.
Subdivider shall provide a set of reduced (11x17), reproducible, (Mylar, Cronar, Vellum), as-built
drawings of the irrigation system. The drawings must be turned over to the Parks Division prior to
the City assuming maintenance responsibilities.
PLANNING DEPARTMENT
Prior to filing of the final map, an approved plan for utility easements shall be provided. Easements
for Public Utilities shall be determined, by the developer, through consultation with the public utility
company.
Pursuant to the authority of section 66474.9 of the California Government Code approval of this map
is conditioned upon the subdivider defending, indemnifying and holding harmless the City, its agents,
officers and employees from any claim, action or processing against the City, its agents, officers and/or
employees, to set aside, void or annul an approval concerning this subdivision, if such action is
brought within the time period provided for in section 66499.37 of the California Government Code.
The City shall promptly notify the subdivider of any such claim, action or proceeding and shall
cooperate fully in such defense.
Prior to issuance of a building permit, a habitat conservation plan interim mitigation fee shall be paid.
The fee will be based on the adopted charges at the time of issuance of a building permit or permit
Conditions Revised
per PUD ZC 5559
July 21, 1~94
EXHIBIT "C"
Tentative Tract 5706
Page 6
10.
approvals described in an adopted Habitat Conservation Plan and associated ordinances, resolutions
and agreements. ~he current fee is $680.00 per gross acre. (BMC 15.78)
Prior to filing of a final map the subdivider shall conform to the Subdivision Ordinance relating to
obtaining mineral rights owners signatures. (BMC 16.20.060 per Ordinance 3515 effective May 14,
1993)
Prior to filing of a final map the Subdivider shall either dedicate park land at a rate of 2.5 useable
acres per 1,000 population, pay in-lieu fees, or a combination of both at the option of the City of
Bakersfield. (BMC 15.80)
Prior to filing of a final map, subdivider shall obtain approval of conceptual plans for landscaping and
walls in accordance with Planning Commission Resolution No. 58-92.
Prior to filing of a final map, the subdivider shall construct a six-foot high masonry wall along the
northern property boundary as shown on the tentative tract. Wall height shall be measured to the
highest adjacent grade. The 6-foot masonry wall shall return southward at the east and west
boundaries of the tract for a minimum distance of 30 feet to protect end lot yards from flanking sound
transmission. The PUD zone designation required as Planning Department Condition #9 shall
address design and maintenance of the wall.
Prior to recordation of the map, the subdivider shall submit copies of and obtain approval of the
C.C.&R.'s by the City Engineer, the City Attorney and the Planning Director.
Prior to recordation of a final map, subdivider shall apply for and obtain approval of a PUD (Planned
Unit Development) zone, including elevations and architecture of single family residences. Maximum
number of buildable lots shall be 28.
Subdivider shall install a street name sign (with address range as determined by the Planning
Director) for Los Palmas Drive and Lakeside Way on the north side of Los Palmas Drive at the
intersection of l,akeside Way. Installation shall be approved by the City Engineer.
5706.a
Conditior~ R~ised
per PUD ZC 5359
luty 21, 1994
Minutes, PC, 7/21/94 Page 4
DRAFT
5.2a
b
PUBLIC HEARING - ZONE CHANGE 5559
FINAL DEVELOPMENT PLANS
Commissioners Boyle and Brady abstained because of conflicts of interest because a client of their
law firm owns property adjoining subject property.
Staff report recommending approval was given.
John Wilson questioned Public Works Condition #'s 13 and 18. Mr. Kloepper gave some
clarification on these conditions, saying it is up to the project engineer to make proposals and
convince the Fire Chief and City Engineer that the proposal is adequate to satisfy the conditions.
Responding to concerns by Mr. Wilson, Mr. Kloepper suggested the Commission may want to
continue this item so that issues can be worked out.
Mr. Hardisty said secondary access would change depending on use and intensity of use. He
explained the purpose of 72-hour notice requirement, saying Mr. Wilson had not had this notice
time.
Responding to question by Commissioner Hersh, Mr. Wilson said Parks Condition #1 makes
reference to double frontage lots which do not exist. Regarding Planning Department Condition
#7 referencing their property being adjacent to Highway 178, he said it is not. Mr. Hardisty said
it could be amended to including the wording "along the northern boundary of the property."
Responding to question by Commissioner Marino, Mr. Kloepper said if a condition proves
unworkable, the applicant can ask for revision.
Mr. Wilson said he has no problem with what the Fire Department is asking, however it would be
a problem if they had to buy access.
Responding to discussion and questions, Mr. Wilson said he would waive the 72-hour notice for
receiving the Fire Department conditions.
Assistant Chief Pacheco said the road surface was never in question it was the location of
secondary access which was the issue. He felt the location on Highway 178 would be very unsafe.
Responding to question by Chairman Messnet, Mr. Pacheco said this area is a little more
susceptible to wild land type fire.
Motion was made by Commissioner Marino, seconded by Commissioner Andrew to adopt
resolution making findings as set forth in staff report and approve the Negative Declaration, and
approve zone change #5559, subject to the conditions of approval on Exhibit "A," and recommend
the same to City Council with the following changes:
Minutes, PC, 7/21/94 Page 5
Public Works Condition #'s 5, 9, 11, 12 and 15 to be deleted per the July 18, 1994 memo.
Public Works Condition #'s 3 of Exhibit "A" shah be subiect to further negotiation and
resolution between all l~arties ~rior to al~proval of final development plans.
Parks condition #1 shall read as follows:
Walls and landscaping are required adjacent to the north property line as
approved by future wall and landscape plans.
Plannin~ Department Condition #7, first sentence to be chan~ed to read as follows:
Prior to filing of a final map, the subdivider shall construct a six-foot high
masonry wall along the northern property boundary as shown on the tentative
tract.
Mr. Hardisty suggested that Condition #'s 13 and 18 be subject to final resolution prior to
building permit.
Commissioner Marino amended his motion to add the following condition:
Public Works Condition #'s 13 and 18 shall be subject to final resolution prior to issuance
of a building permit.
Motion carried by the following roll call vote:
AYES: Commissioners Andrew, Delgado, Marino, Messnet
NOES: Hersh
ABSENT: Commissioners Boyle, Brady
Motion was made by Commissioner Marino, seconded by Commissioner Andrew to make findings
set forth in staff report and approve the Final Development Plans - PUD (ZC 5559) subject to
conditions of approval on Exhibit "A", with the same changes as in the previous motion. Motion
carried. Commissioner Hersh voted no.
NOTICE OF PUBLIC HEARING AND PROPOSED NEGATIVE DECLARATION
BEFORE THE PLANNING COMMISSION OF THE CITY OF BAKERSI~'II~LD
NOTICE IS HEREBY GIVEN that a hearing accepting testimony will be held before the Planning
Commission of the City of Bakersfield. The hearing will begin at 12:15 p.m., or as soon thereafter, as the
matter may be heard on TUESDAY, JULY 5, 1994, in the Council Chambers, City Hall. The Tuesday
portion will be for presentation of staff testimony only. No action to approve or deny this project will be
taken on Tuesday. The hearing will be continued to take testimony from others at 5:30 p.m., or as soon
thereafter as the matter may be heard on THURSDAY, JULY 7, 1994, in the Council Chambers of City
Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request:
The project to be considered: Zone Change No. 5559 from an R-2 (Limited Multiple Family
Dwelling) zone to a PUD (Planned Unit Development) zone for development of 28 detached
single family residential dwelling units on 4.61 - acres.
2. Project location: Generally located south of State Route 178 and east of Miramonte Drive.
3. The name and address of the project applicant:
Wilson & Associates
2217 "E" Street
Bakersfield,CA 93301
NOTICE IS ALSO HEREBY GIVEN that a public hearing will be held at the same time and place
by the Phmning Commission to receive input from the public on the potential effect of this project on the
environment. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been
prepared, describing the degree of possible environmental impact of the proposed project. This study has
shown that the proposal (as mitigated) will not have a significant effect on the environment; therefore, a
Negative Declaration is proposed. Copies of the Initial Study and proposed Negative Declaration are on
file and available to the public through the Planning Department (contact Dave Reizer) in the
Development Services building at 1715 Chester Avenue, or by telephoning the department at (805) 326-
3733.
PUBLIC COMMENT regarding the proposed project and/or adequacy of the Negative
Declaration, including requests for additional environmental review, will be accepted in writing on or
before the hearing date indicated above at the Plannin~ Deoartment. If you challenge the action taken on
this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in
written correspondence delivered to the City of Bakersfield prior to the close of the hearing.
DATED: May 13, 1994
POSTED: May 13, 1994
/ nni.g
DR:pit
p:5559.nph
BAKERSFIELD
Jack Hardisty · Planning Director
May 13, 1994
TO:
Responsible or Other Interested Agency
SUBJECT:
Notice of Public Hearing and Draft Negative Declaration
For Zone Change No. 5559
Pursuant to the California Environmental Quality Act (CEQA), the City of Bakersfield will be the
Lead Agency and will prepare a Negative Declaration for the project identified in the attached Initial
Study. We would appreciate the views of your agency as to the scope, content and adequacy of the
environmental information which is applicable to your agency's statutory responsibilities in connection with
the proposed project. Your agency may need to use this Negative Declaration when considering any
permits or other approvals needed for this project.
In order to review and consider your comments on this project, please send your response no later
than 30 days after receipt of this notice to Dave Reizer, the project planner assigned to this case, at the
address indicated above. In your response, please include the name of the contact person in your agency.
Pursuant to the Planning and Zoning Law of the California Government Code, notice is hereby
given that a hearing accepting testimony will be held before the Planning Commission of the City of
Bakersfield. Said hearing will begin at 12:15 p.m., or as soon thereafter, as the matter may be heard on
TUESDAY, JULY 5, 1994, in the Council Chambers at City Hall. The Monday portion will be for
presentation of staff testimony only. No action to approve or deny this project will be taken on Monday.
The hearing will be continued to take testimony from others at 5:30 p.m., or as soon thereafter as the
matter may be heard on THURSDAY, JULY 7, 1994, in the Council Chambers of City Hall. 1501 Trnxtun
Avenue, Bakersfield, California, 93301.
For more information, please call the department at (805) 326-3733.
Assistant Planner
DR:pit
1\15559.al
City of Bakersfield · Development Services · 1715 Chester Avenue
Bakersfield · California · 93301
(805) 326-3733 · Fax (805) 327-0646
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TRACT 5706
FINDINGS OF DETERMINATION
~'N THE =ASiS OF THIS iNITIAL EVALUATION /check oriel:
t has neen fauna that the arabasea Dro!ec[ COULD NOT have a s~gn~cant effect cn[ne enwronmen[:
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DECLARATION w~11 be preparea.
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(ENVIRONMENTAL IMPACT REPORT'/wlil be preparea.
I. ENVIRONMENTAL CHECKLIST
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APPENDIX I
Zone Change No. $559
I. ENVIRONMENTAL IMPACTS
Earth
Soils - Construction of the proposed project will result in 4.61 -+ acres of soils to be insignificantly
disrupted, compacted, displaced, overcovered and uncovered by grading, filling, trenching,
installation of drainage facilities, and other ground preparation activities necessary for urban site
development. These soils are not considered "prime" for agricultural purposes by the State
Department of Conservation. Standard ordinance compliance includes the requirement for soils
and grading reports prior to issuance of building permits and adherence to applicable building
codes.
Geololzic Hazards - Geology of the site consists of generally level land, which is not considered a
unique geologic or physical feature. The site is currently undeveloped. The proposed project
would not create an unstable earth condition or cause changes to any geologic substructure. The
project will not expose people, structures, or property to major geologic hazards such as
landslides, mudslides or ground failure.
Although no specific geologic hazards are known to occur within the boundaries of the project
site, there are numerous geologic fractures in the earth's crust within the San Joaquin Valley,
which is bordered by major, active fault systems. All development within the Metropolitan
Bakersfield area is therefore subject to seismic hazards. Current development standards will
require the project to comply with appropriate seismic design criteria from the Uniform Building
Code, adequate drainage facility design, and complete preconstruction soils and grading studies.
As the site is outside the Alquist-Priolo Seismic Zones, no special seismic studies would be
required for this site prior to building structures for human occupancy.
Erosion / Sedimentation - No rivers, streams, canals or beaches are near the project site to be
impacted by the proposed development. Typical ordinance requirements ensure that erosion,
siltation or deposition of soils from the site by water run-off will not occur through development
of the project, nor through drainage of the site after construction. Wind erosion and fugitive dust
may occur during the construction process; however, normal use of water spraying will control
wind erosion impacts and should not be considered significant.
Topography - The slope of the natural terrain on-site is flat. Project development will not result
in a change to the topography and/or ground surface relief features of the area to a significant
degree.
Water
Water Quality / QuantiW -
Groundwater - The project will not alter the direction or rate of flow, or substantially deplete the
quantity of groundwater resources, either through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations. The project will not contaminate a public water
supply, substantially interfere with groundwater recharge or substantially degrade water quality.
Water service would be provided for the development by the Olcese Water District; however, the
cumulative impact to the water table would be negligible and insignificant.
INITIAL STUDY
Zone Change No. 5559
APPLICANT:
Wilson and Associates
2217 "E" Street
Bakersfield, CA 93301
PROJECT LOCATION:
Generally located south of State Route 178 and east of
Miramonte Drive.
PROJECT DESCRIPTION:
Zone Change No. 5559 proposes a change in zoning from an R-2 (Limited Multiple
Family Dwelling) zone to a PUD (Planned Unit Development) zone for development of
28 detached single family dwelling units on 4.61 -+ acres. The subject property is
depicted on the Metropolitan Bakersfield 2010 General Plan as LMR (Low Medium
Density Residential). The proposed zoning is consistent with the General Plan.
RELATED PROJECT:
Tentative Tract Map No. 5706, an optional design tentative tract map for single family
residential purposes containing 32 lots (including two open space lots, one pedestrian
access lot and one lot for the private street) containing 4.61 -+ acres. The subject zone
change (ZC 5559) from R-2 to PUD was required as a condition of approval for TT
5706.
ENVIRONMENTAL SETrING:
The subject project site (4.61 +_ acres) is currently vacant, generally level land and
covered with grasses. The surrounding area includes State Route 178 to the north (with
agriculture beyond), existing condominiums to the west, a small lake to the south, and
vacant land to the east.
Appendix I
Zone Change No. 5559
Page 3
the San Joaquin kit fox. In order to mitigate the impacts of any natural to urban land conversion
on the kit fox (a Federally-listed Endangered Species), or its habitat, the applicants must, prior to
ground disturbance, follow the Metropolitan Bakersfield Habitat Conservation Plan Advisory
Notice, detailing the Interim Mitigation Measures established for the MBHCP.
Habitat Alteration - Urban development may alter the area's habitat by introducing domesticated
or fetal species of animals into the area. The project may result in the creation of a barrier to the
migration or movement of animals from the surrounding open land. These impacts to wildlife
habitat are considered in the Final Environmental Impact Report for the Metropolitan Bakersfield
Habitat Conservation Plan (MBHCP), and are not considered significant for the project proposed.
Although this habitat alteration is not "significant" pursuant to CEQA, the applicant is subject to
California Department of Fish and Game environmental review fees that were already paid for the
related subdivision (TT 5706) of the subject property. The applicant previously paid $1,250, plus
clerk filing fees, prior to public hearing for TF 5706, in accordance with Section 1005, Public
Resources Code. This feel shall also be applied to lhe subject zone change (ZC 5559).
Transuortation
Traffic/Circulation - The proposed project may generate additional vehicular movement
(approximately 267 trips per day). The project may potentially cause an increase in traffic which
may be substantial in relation to the existing traffic load (volume) and capacity of the street
system, and may substantially impact existing transportation systems. The project may significantly
alter present patterns of circulation or movement of people and/or goods. The impacts of the
proposal shall be reduced to less than significant through the City ordinance requirement that all
on-site and off-site impacts from traffic generated by this development be mitigated. In addition,
those regional impacts caused by this development are also required to be mitigated according to
the regional traffic impact fee ordinance.
Parking - Existing parking facilities will not be affected, nor will there be a demand for new
parking through the proposed development other than that typically required by ordinance for
residential projects.
Traffic Hazards - There would be no known significant increase in traffic hazards to motor
vehicles, bicyclists, or pedestrians as a result of the proposed project.
Air/Water/Rail Systems - The project will not affect waterborne, rail, or air traffic.
Cultural Resources
Archaeoloeical/Historical - It is not known if archaeological or historical resources are located on
the site. This Initial Study will be transmitted to the Archaeological Information Center (AIC)
housed at California State University Bakersfield for their review, comments and
recommendations. All measures indicated by the AIC will be completed prior to any ground
disturbance.
Append~ I
Zone Change No. 5559
Page 2
Surface Water - The project will not result in discharge into any surface water, alter surface water
quality to a significant degree, including but not limited to temperature, dissolved oxygen or
turbidity. The proposal will not contaminate any public water supply. As the site is not located
adjacent to or contains any rivers, streams or canals, the proposal will not result in changes in
currents or the course or direction of surface water movements.
Flooding/Drainage - The project will not result in changes to the course or direction of fresh water
currents, or result in changes to the amount of surface water, as the site does not contain, nor will
the proposal impact, any rivers, streams or canals. The site is not in an area subject to flooding,
therefore the proposal will not expose people or property to water-related hazards such as
flooding or tidal waves. Changes in absorption rates, drainage patterns, and the rate and amount
of surface water runoff will change as the project is developed. Current development standards
require the project to comply with adequate drainage facility design, complete preconstruction
soils and grading studies, and compliance with the City Public Works or Building Departments.
Ai~r
Air Quality - There will not be a substantial increase in air pollution emissions, nor will there be a
substantial deterioration of ambient air quality through development of this project. The proposal
will not violate any ambient air quality standard, contribute substantially to an existing or
projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations.
Climate/Air Movement - Land uses intended or allowed through the proposed project will not
significantly alter air movement, moisture, temperature and/or result in any change in climate,
either locally or regionally.
Odors - Land uses permitted as a result of the proposed project do not appear to have the
potential to create objectionable odors.
BioloRicalResources
Plants - The 4.61 - acre project site proposed for residential development is currently vacant, and
consists of generally level land covered with grasses. New plant species will be introduced as a
result of ornamental landscaping the site with urban uses. A barrier would be created to the
normal replenishment of existing plant species, as the site would be completely developed.
Although existing species of plants on-site would be removed through urban development, the
proposal will not entirely eliminate a plant community or substantially diminish or reduce wildlife
habitat. These effects of urban development are not deemed significant.
Animals - Existing animal species expected to use the proposed project site consist of those
typically found on similar vacant property in the area. New animal species, such as domesticated
dogs and cats, will be introduced as a result of occupying the site with urban uses. A barrier
would be created to the normal replenishment of existing animal species, as the site would be
completely developed. Although existing species of animals on-site would be removed through
urban development, the proposal will not entirely eliminate a wildlife community or substantially
diminish or significantly reduce wildlife habitat. These effects of urban development are not
deemed significant.
Rare/Endangered Species - There may be a potential for San Joaquin kit fox dens or habitat on-
site. Other unique, rare or endangered animal or plant species have not been identified as
present. The proposal is not expected to substantially affect, reduce the number, or restrict the
range of any unique, rare, or endangered species of animal or plant; or their habitat, other than
Appendix I
Zone Change No. 5559
Page 5
Fire - Fire protection services for the Metropolitan Bakersfield area are provided through a joint
fire protection agreement between the City and County. Projected increase of 85 new residents
and 28 new residential dwelling units into the City through the proposal may necessitate the
addition of fire equipment and personnel to maintain current levels of service; however, this
potential increase in fire protection services can be paid for by property taxes generated by this
development and is not deemed significant.
Schools - Proposed development of 28 detached single family dwelling units could generate
approximately 18 school-age children (13 in grades K-8 and 5 in Grades 9-12). This increase may
contribute to the necessity for construction of additional school facilities. Existing school impact
fees and increased property tax revenues should reduce impacts on schools to less than significant.
Project review by appropriate elementary and high school districts may, however, identify
significant impacts to school facilities through this project, and may recommend additional
mitigation measures be added to the project.
Parks / Recreation - The project proposes an increase in population of approximately 85 people,
within the area and would result in an impact upon the quality and/or quantity of existing
recreational opportunities and create a need for new parks or recreational facilities. The park
land requirements for the proposed project is calculated based on the General Plan and City
Ordinance Park Standards of 2.5 acres per 1,000 population. Total park acreage estimated for the
project is approximately 0.2 acres.
Solid Waste / Disvosal - The proposed project would not result in a need for significant new or
substantial alterations to existing solid waste disposal systems. The development will not breach
published national, state or local standards relating to solid waste or litter control.
Facility Maintenance - Street or other public facility improvements from the proposed
development and eventual buildup of the area will result in an increase in maintenance
responsibility for the City of Bakersfield. These increases in services are not deemed significant.
Utilities
Water - The proposed development would not result in a need for significant additional systems or
substantially alter the existing water utilities in the area. Expansion of all water utilities would be
required to serve this development, but the impact is not considered significant. Utility companies
may require additional mitigation from the applicant for receiving their service.
Wastewater - The proposed development would not result in a need for significant additional
systems or substantially alter the existing wastewater utilities in the area. Expansion of all
wastewater utilities would be required to serve this development, but the impact is not considered
significant. The proposed project will not require the extension of any sewer trunk line that will
serve new development. Utility companies may require additional mitigation from the applicant
for receiving their service.
Storm Drainage - The proposed development would not result in a need for significant additional
systems or substantially alter the storm drainage systems in the area. Expansion of all storm drain
utilities would be required to serve this development, but the impact is not considered significant.
Utility companies may require additional mitigation from the applicant for receiving their service.
Appendk I
Zone Change No. 5559
Page 4
Land Use
Comoatibilitv - The proposed project will include detached single family residential types of land
use. The existing land uses surrounding and adjacent to the project site include those indicated in
the following table. These uses are compatible with proposed land use. The proposed project will
not conflict with adopted environmental plans or goals of the community, disrupt or divide the
physical arrangement of an established community, or create a significant land use compatibility
problem.
Land Uses and Zoning of Adjacent Properties
2010
LOCATION GENERAL PLAN
ZONING
DISTRICT
EXISTING
LAND USE
NORTH LR A Agriculture
(north of St. Rt. 178)
SOLrl31 LMR R-2 Vacant
(with a small lake)
EAST LMR & LR R-2 Vacant
WEST LMR & LR R-2 & R-1 Residential
(existing condominiums)
General Plan/Zonin~ - The present land use designation on the site is LMR (Low Medium
Density Residential), with existing zoning of R-2 (Limited Multiple Family Dwelling). The
proposal will change the zoning of the site to PUD (Planned Unit Development) for development
of 28 detached single family residential dwelling units. This change will not result in a substantial
alteration of the present or planned land use of the area, given its existing residential character.
The proposal is consistent with the Metropolitan Bakersfield 2010 General Plan policies and
implementation measures and will not significantly conflict with established recreational,
educational, religious or scientific uses of the area.
Growth Inducement - The proposed project will not induce substantial growth.
Prime A~ricultural Land - No agricultural crops currently exist on site and the site does not
contain prime agricultural soils. Removal of 4.61 --+ acres of land through the proposed project
will not convert prime agricultural land to nonagricultural use or impair the agricultural
productivity of adjacent prime agricultural land.
Public Services
Police - Police protection for the area is currently provided by the City of Bakersfield. Police
protection will be provided by the Bakersfield Police Department upon project buildout. Current
City Police service standards require 1.32 officers for each 1,000 people in the city. Projected
increase of 85 new residents into the City would necessitate the addition of 0.i additional law
enforcement officers to maintain current levels of service. However, this potential increase in
services can be paid for by property taxes generated by this development and is not deemed
significant.
Append~ I
Zone Change No. 5559
Page 7
Aesthetics
The urbanization of the site will alter the open space qualities of the area to a minor degree. The
proposed project is not intending any uses or development in the area that would result in the
obstruction of any scenic vista or view open to the public, nor will the proposal result in the
creation of an aesthetically offensive site open to public view. The project will not have a
substantial, demonstrational negative affect.
Li~_ht and Glare
Light and glare would increase as a result of electrical lighting facilities surrounding the proposed
development and anticipated vehicle traffic. Site plan review of the proposed development will
evaluate building location, material selection, lighting design, parking and signage placement to
buffer proposed light impacts from surrounding developments. Proposed uses should not cause
significant light or glare to existing or future development surrounding the site.
Natural Resources
No non-renewable or other natural resources exist on-site to be used or depleted through the
proposed project.
Ener~Usaee
The proposed development would not result in significant irreversible environmental changes,
including uses of nonrenewable energy resources, during the initial and continued phases of the
project. The project will not result in significant energy requirements or lack of energy efficiency
by amount or fuel type of a project's life cycle. The proposal will not result in significant effects
on local and regional energy supplies or on requirements for additional energy capacity or sources,
nor will the project result in significant effects on peak and base period demands for electricity
and other forms of energy. The project will not conflict with existing energy standards, nor will it
encourage activities which result in the wasteful or substantial use of significant amounts of fuel,
water, or energy. The project will not result in significant effects on projected transportation
energy requirements or in the project's overall use of efficient transportation alternatives.
II. MANDATORY FINDINGS OF SIGNIFICANCE
The project does not have the potential to degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal, or impact important examples of the
major periods of California histony or pre-history.
The project does not have the potential to achieve short-term environmental goals, to the
disadvantage of long-term, environmental goals.
The project does not have impacts which are individually limited, but cumulatively considerable or
for which the incremental effects of an individual project are considerable when viewed in
connection with the efforts of past projects, then current projects, and possible future projects.
The project does not have environmental effects which will cause substantial adverse effects on
human beings, either directly or indirectly.
Appendix I
Zone Change No. 5559
Page 6
Natural Gas - The proposed development would not result in a need for significant additional
systems or substantially alter the natural gas systems in the area. Expansion of all natural gas
utilities would be required to serve this development, but the impact is not considered significant.
Utility companies may require additional mitigation from the applicant for receiving their service.
Electricity - The proposed development would not result in a need for significant additional
systems or substantially alter the electricity systems in the area. Expansion of all electric utilities
would be required to serve this development, but the impact is not considered significant. Utility
companies may require additional mitigation from the applicant for receiving their service.
Communications - The proposed development would not result in a need for significant additional
systems or substantially alter the communications systems in the area. Expansion of all
communication systems would be required to serve this development, but the impact is not
considered significant. Utility companies may require additional mitigation from the applicant for
receiving their service.
Population / Employment / Housimt
The proposed project includes 28 detached single family dwelling units on 4.61 -- acres, with the
potel~tial for an increased population of approximately 85 people. The proposed project will not
induce a substantial concentration or displacement of people, or significantly alter the location,
distribution, density, or growth rate of the human population of the area, or affect existing housing
or create a demand for additional housing.
The proposal may impact, in a beneficial way, the temporary and permanent income distribution,
employment and/or tax revenues of the City of Bakersfield or County of Kern. The project will
not, however, result in significant reduced employment opportunities for low and moderate
income socio-economic groups or impact the social affiliation or interaction of the neighborhood.
There will not be a significant impact on the privacy of surrounding areas.
Health Hazards / Public Safety
No health hazards or potential hazards to people or plant or animal populations will be created as
a result of the proposed development. The proposal does not involve a risk of explosions or
releasing hazardous substances (including but not limited to oil, pesticides, chemicals, or radiation)
in the event of an accident or upset conditions. The project will not attract people to an area and
expose them to hazards found there, nor will the project interfere with emergency response plans
or emergency evacuation plans. The project is not on the most current hazardous wastes and
substances site list pursuant to Section 65962.5 of the California Government Code.
Noise
Ambient noise levels will increase through any urban type of development of the site. However, in
developing the proposed single family residential units adjacent to State Route 178, ambient noise
levels may significantly increase from 64.4 dB, CNEL to 67.1 dB, CNEL, potentially impacting the
proposed residential uses. Typical development standards including building setbacks, walls, and
landscaping will reduce noise impacts to some degree, however, additional noise attenuation
measures (see Noise Study for TT 5706) are recommended as mitigation to prevent substantial
increases in the ambient noise levels of adioining areas and to prevent exposing people to severe
noise levels.
EXHIBIT "A"
Zone Change No. $559
Recommended Mitigation Measures
In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit
fox (a State and Federally-listed Endangered Species), the applicant must, prior to ground
disturbance, follow the Advisory Notice, detailing the Interim Mitigation Measures established for
the Metropolitan Bakersfield Habitat Conservation Plan.
It is not known if archaeological or historical resources are located on the site. This Initial Study
will be transmitted to the Archaeological Information Center (AIC) housed at California State
University Bakersfield for their review, comments and recommendations. All measures indicated
by the AIC will be completed prior to any ground disturbance.
Prior to filing of a final map, the subdivider shall construct a six-foot high masonry wall along
Highway 178 as shown on the tentative tract. Wall height shall be measured to the highest
adjacent grade. The 6-foot masonry waft shall return southward at the east and west boundaries
of the tract for a minimum distance of 30 feet to protect end lot yards from flanking sound
transmission. The PUD zone designation required as Planning Department Condition #9 shaft
address design and maintenance of the waft.
The applicant is requesting a change in the construction materials for the required six-foot high
wall from masonry to wood frame and plaster. To maintain adequate noise attenuation
characteristics, the wall shall have a surface density of at least two pounds per square foot (as
specified in the Noise Study for TT 5706).
p:5559.ai
Append~ I
Zone Change No. 5559
Page 8
Reference List
2.
3.
4.
5.
6.
7.
Metropolitan Bakersfield 2010 General Plan and Appendices, City of Bakersfield, Kern County, Kern
COG, Golden Empire Transit, March 1990.
Metropolitan Bakersfield 2010 General Plan DEIR, The Planning Center, July, 1989.
Metropolitan Bakersfield 2010 General Plan FEIR, SCH #8907032, City of Bakersfield, County of
Kern, KCOG, Golden Empire Transit, September, 1989.
FEIR Metropolitan Bakersfield ttabitat Conservation Plan, Thomas Reid Associates for the City of
Bakersfield and Kern County, March 1991.
Metropolitan Bakersfield Habitat Conservation Plan, Adviso~ Notice to Developers, Interim kit fox
mitigation, September 1987.
Title 17, Zoning Ordinance, Bakersfield Municipal Code.
Title 16, Subdivision Map Act, Bakersfield Municipal Code.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
CAROL WILLIAMS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of
the City of Bakersfield; and that on the 12th day of September,
1994 she posted on the Bulletin Board at City Hall, a full, true
and correct copy of the following: Ordinance No. 3603, passed by
the Bakersfield City Council at a meeting held on the 7th day of
September, 1994, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS.
104-11 AND 104-14 BY CHANGING THE ZONING OF
4.61 ACRES GENERALLY LOCATED SOUTH OF STATE
ROUTE 178 AND EAST OF MIRAMONTE DRIVE FROM AN
R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO
A PUD (PLANNED UNIT DEVELOPMENT) ZONE
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY City Clerk