HomeMy WebLinkAboutORD NO 4054 401 4
ORDINANCE NO.
AN ORDINANCE ADOPTING a NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-31) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM PUD (PLANNED UNIT
DEVELOPMENT) ZONE TO REVISED PUD (PLANNED UNIT
DEVELOPMENT) ZONE APPROVING FIVE ADDITIONAL
DWELLING UNITS FOR THE GLENWOOD GARDENS SENIOR
RESIDENTIAL DEVELOPMENT ON 20.33 ACRES LOCATED
AT 350 CALLOWAY DRIVE. (FILE # 02-0108)
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 March 7, 2002 on a petition to change the land use zoning of those certain properties in
the City of Bakersfield located at 350 Calloway Drive; and
WHEREAS, by Resolution No. 17-02 on March 7, 2002 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve a Revised PUD (Planned Unit Development) zone to allow single
family and duplex dwelling units for a total of five additional units, as delineated on attached
Zoning Map No.102-31 marked Exhibit "C", 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 request is to eliminate the undeveloped 15,000 square foot
office building that would have contained doctor's offices, fitness center and employee day care
center; and develop single family and duplex cottage residential units (total of 19 units), as
shown on Exhibit "B;" and
WHEREAS, the applicant proposes the change to consist of the following
facilities, buildings and square footage:
and;
143 unit independent living facility 149,500
(3 story retirement apartment building)
(Constructed)
119 unit* assisted living facility 72,900
(2 story building) (Constructed)
120 bed skilled nursing facility 58,900
(1 story building) (Constructed)
Outdoor amphitheater and fountain n/a
(Constructed)
Eliminate Doctor's offices, Learning I $,OOC
Center, Fitness Center and Employee day
care building
Proposed Single family dwelling (1-story) 3 units
Proposed Duplex dwellings (8, l-story 16 units
structures)
* Each unit equals one bed.
ONIGINAL
WHEREAS, a maximum of 148 dwelling units is allowed on the subject site
under the Low Density Residential designation on the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan that allows ~ 7.26 dwelling units per net acres (20.33 net acres
X 7.26 = 148 dwelling units); and
WHEREAS, there are 143 existing dwelling units known as independent living
units; and
WHEREAS, under the Low Density Residential Land Use designation, only an
additional five dwelling units would be allowed; and
WHEREAS, the skilled nursing and assisted living facilities are considered
congregate care and not individual dwelling units; therefore not necessarily subject to the
General Plan Low Density Residential Land Use designation; and
WHEREAS, pursuant to Section 17.52.010 of the Bakersfield Municipal Code, a
PUD (Planned Unit Development) zone may deviate from City standards; and
WHEREAS, the proposed site plan depicts 3 residential dwelling units within 50
foot setback required by BMC Section 17.08.150 A; and
WHEREAS, the adjacent property zoned A-20A (Agriculture-20 Acre minimum
lot) consists of the Cross Valley Canal and is separated by a 6-foot high chain link fence along
the common property line between the canal and the project site; and
WHEREAS, the typical land use conflicts between agriculture and residential are
unlikely to exist in this circumstance, then the 50-foot setback is not applicable to this project
site; and
WHEREAS, a modification to reduce the 50-foot dwelling unit setback to 10 feet
from the property line is appropriate; 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 was prepared for the previous related Zone
Changes #P96-0963 and # P98-0331 on August 26, 1998 in accordance with CEQA; and
WHEREAS, in accordance with CEQA section 15162, no further environmental
documentation is necessary because no substantial changes to the original project are
proposed, there are no substantial changes in circumstances under which the project will be
undertaken and no new environmental impacts have been identified; and
WHEREAS, the previously adopted Negative Declaration is appropriate for the
proposed project; and
ORIGINAL
WHEREAS, the general plan designation for this area allows Low Density
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. In accordance with CEQA section 15162, no further environmental
documentation is necessary because no substantial changes to the original project are
proposed, there are no substantial changes in circumstances under which the project will be
undertaken and no new environmental impacts have been identified
4. The zone change, as recommended to approve 5 additional dwelling
units, is consistent with the Metropolitan Bakersfield 2010 General Plan.
5. The proposed planned unit development zone and preliminary
development plan are consistent with the general plan and objectives of this ordinance.
6. The proposed development will constitute a residential environment of
sustained desirability and stability, and it will compliment and harmonize with he character of
the surrounding neighborhood and community.
7. The proposed development justifies exception from the normal
application of this code in that it integrates such elements as the location of structures,
circulation pattern, parking, maintenance of all areas, improvements, facilities and services
provided for the common use of persons occupying or utilizing the property.
8. Pursuant to Bakersfield Municipal Code Section 17.64.060(B) the
Planning Commission has found in granting a modification for dwelling unit setback as follows:
The granting of such modification would not be materially
detrimental to the public welfare, nor injurious to the property or
improvements in the zone or vicinity in which the property is
located; and
The granting of the modification is necessary to permit an
appropriate improvement or improvements on a lot or lots,
including but not limited to, modification of such regulations for
some or all lots within a subdivision to facilitate zero-lot-line or
other atypical subdivision development; and
The granting of the modification would not be inconsistent with the
purposes and intent of Title 17 of this code.
ORIGINA
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration approved and adopted with related Zone
Change #P96-0133 and is appropriate for Zone Change 02-0108.
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. No.
102-31 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "D ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "A" and as shown on Exhibit "B."
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date of its
passage.
......... 000 .........
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
APR :~A Z00Z , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNClLMEMBER
COUNClLMEMBER
APPROVED APR g~: 2002
CITY CLERK and Ex Officio Cle/~ of the
Council of the City of Bakersfield '
More signatures on next page
4
APPROVED AS TO FORM:
BART J. THILTGEN
City Attomey///
Exhibits:
A. Conditions of approval
B. PUD and Landscape Plans
C. Zoning Map 102-31.
D. Legal Description
jeng \S:~oneChange~108gg\CC\OZC-CC.WPD
April 5, 2002
ORIGINN
EXHIBIT "A"
REVISED PUD ZC # 02-0'108 (GLENWOOD GARDENS)
CONDITIONS OF APPROVAL
SECTION I. DISCRETIONARY CONDITIONS:
Public Works:
NOTE: Public Works Discretionary Conditions listed under Section I, Condition
Numbers I through 4 were satisfied with construction of Phase 1.
Prior to subdivision of or development on the site,
1.1 explain what is to become of the gap between the north property line of the Cross Valley
Canal and the south property line of the site as shown on the site plan.
1.2 submit to the City Engineer for his review and approval a comprehensive drainage and
grading plan with soil report. The soil report is to include R-values for use in determining
paving sections and percolation tests for retention basin sites.
1.3 provide verification the retention basin adjacent to the canal will not affect canal
operations or integrity.
1.4 a mechanism shall be provided outlining responsibility, standards, and frequency of
maintenance of interim or non-publicly maintained drainage facilities.
1.5 submit to the Public Works Department and to the Building Department for their review
and approval a comprehensive plan for providing sewer service to each proposed use or
parcel. Include pipe sizes and slopes.
1.6 pay the proportionate share of landscaped median costs (currently $30 L. F. for ~ median
on Calloway Drive) from the midsection line southerly to the Cross Valley Canal.
1.7 improvement plans for street improvements and publicly maintained sewer & drainage
facilities shall be submitted to and approved by the City Engineer prior to issuance of any
building permits.
On Calloway Drive,
2.1 as shown on the plan, the main entrance into the site shall align with the street entrance
into Tract 5836 on the west side of Calloway Drive.
2.2 dedicate and construct a northbound right turn deceleration lane at the main entry into the
development.
2.3 construct curb & gutter, street paving, and sidewalk to arterial standards from the
midsection line southerly to the Cross Valley Canal.
2.4 install and energize street lights as required by the City Engineer. Dedicate off-site
electrical easements to the City if needed to supply power to the lights.
2.5 provide a mechanism for payment of 50% of the maintenance costs for the traffic signal at
the main entrance into the facility.
2.6 the block wall shown shall be outside public right of way and the wall and associated
landscaping shall be maintained by the property owner or association mentioned above.
3
Because the proposed development consists of private, non-dedicated, non-publicly maintained
streets, all sewer lines and appurtenances, drainage basins, and storm drainage systems serving
the development shall be maintained by a) the property owner if the site remains as one
owner/one parcel; or b) in the event of subdivision of the property, by the entity (such as a
property owner's association) established for the use and maintenance of the nondediceted
improvements.
oRIGINAl
Exhibit "A" Conditions
REV. PUD ZC #02-0108
Page 2
Prior to review of improvement plans by the city, or with submittal of final development plans,
whichever occurs first, the developer shall submit to the City Engineer for review and approval, a
letter signed and stamped by a licensed Geotechnical Engineer, that the construction of a sump
adjacent to the Cross Valley Canal will not adversely affect the canal lining or the operation of the
canal.
Planning:
The applicant shall provide a bus shelter on Calloway Drive with pedestrian access to it and the
shelter design meeting ADA regulations and GET design standards. The bus shelter shall be
located as approved by the City Engineer.
Condition satisfied with construction of Phase 1.
The applicant shall notify the State Dept or Oil and Gas (DOG) if excavation or grading
operations uncover a previously unknown well, in which case DOG may require the applicant to
make remedial operations.
Prior to issuance of a building permit, applicant shall install a 6 foot high fence or equivalent
along the north boundary of the Cross Valley Canal.
Condition satisfied with construction of Phase 1.
The landscape plan shall be revised to allow a landscape width of less than 10 feet
behind sidewalk immediately adjacent the sump on Calloway Dr. The width of the
landscape area between the back of sidewalk and block wall shall be the maximum
allowable based upon physical requirements for placement of the wall. The placement of
the wall will be in a location so as not to interfere with clear sight line or utilities and be
approved by the City Engineer. A retaining wall is not necessary. The landscape plan
shall be approved by the Planning Director.
The portion of this condition stated above was satisfied with construction of Phase 1.
All other landscaping shall comply with BMC Section 17.61. (Aisc, see below, Section III.
Site Plan Review Conditions, under Planning)
Final landscape plans shall demonstrate compliance with parking area shading criteria
referenced in BMC Section 17.61.
The amphitheater shall be subject to Bakersfield Municipal Code Chapter 9.24 regarding
amplified sound.
Exhibit "A" Conditions
REV. PUD ZC #02-0108
Page 3
10.
The first phase of the development shall include all public street improvements, perimeter
landscaping, all canal fencing, adequate parking as determined by ordinance, landscaping in the
constructed parking lots, adequate internal street circulation, secondary access, and other
improvements as deemed necessary by the Planning Director.
Condition satisfied for existing buildings. Also, see below, Section III. Site Plan Review
Conditions, under Fire Department regarding Fire Lanes or new structures.)
11.
Prior to or concurrently with approval of the final development plan, applicant shall have
submitted an application for a revised parcel map or other subdivision (acceptable to the
Planning Director) that corresponds with and does not conflict with the approved PUD plans for
P98-0331.
Condition satisfied with Phase 1 and recordation of Parcel Map 10406.
12.
A combined total of five (5) dwelling units of single family dwelling or duplex dwelling units (one-
story structures) is approved. Applicant shall select from the site plan attached as Exhibit "3" to
determine which structures to construct for a total of 5 dwelling units. Selected structures shall be
shown on the final development plan and approved by the Planning Director prior to issuance of
a building permit.
13. Dwelling units shall have a minimum 10-foot setback from all property lines.
Section II. MITIGATION MEASURES:
The applicant has decided to utilize the new Regional Transportation Impact Fees (RTIF) to
provide traffic mitigation for the proposed project. This project shall be subject to the regional
and local traffic mitigation fees schedule which went into effect February 10, 1997. If that fee is
subsequently increased, then the required payment will be based upon those fees in effect at the
time of issuance of the building permit. (Mitigation)
If during construction activities or ground disturbance cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the
archeologist. (Mitigation)
Prior to issuance of a building permit for the proposed PUD project or recordation of a final
subdivision map, whichever occurs first, the developer shall submit written proof from North
Bakersfield Recreation and Park District of compliance with District Resolution 29-95. The
written documentation shall be submitted to the Planning Director. (Mitigation)
Condition satisfied with construction of Phase 1.
Exhibit "A" Conditions
REV. PUD ZC #02-0108
Page 4
III. SITE PLAN REVIEW CONDITIONS:
The following are specific items that the Site Plan Review Committee has noted that you need to
resolve before you can obtain a building permit or be allowed occupancy. These items may
include changes or additions that need to be shown on the final building plans, alert you to
specific fees, and/or are comments that will help you in complying with the City's development
standards. The item will note when it is to be completed and each has been grouped by
department so that you know who to contact if you have questions.
A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 661/326-3718)
The applicant shall submit 4 copies of revised grading plans and 2 copies of the
preliminary soils report to the Building Division. You must submit a final soils report to the
Building Division before foundation inspection.
The applicant shall include fire resistive wall construction details with the final building
plans for all exterior walls of any building that are within 20' of property lines if it is
commercial, or 5' of property lines if it is residential.
Include with or show on the final building plans information necessary to verify that the
project complies with all disability requirements of Title 24 of the State Building Code.
Before the Building Division can allow occupancy of this multiple-family residential
complex, they must inspect and approve the placement and colors of the address
numbers identifying each unit and/or building, and building/unit location maps so that
emergency personnel can easily find a specific unit when responding to the site during an
emergency.
Business identification signs are not considered nor approved under this review. A
separate review and sign permit from the Building Division is required for all new signs,
including future use and construction signs. Signs must comply with the Sign Ordinance
(Chapter 17.60).
The Building Division will calculate and collect the appropriate school district impact fee at
the time they issue a building permit.
B. DEVELOPMENT SERVICES - PLANNING (staff contact - Wayne Lawson 661/326-3145)
The development shall provide approximately 343 parking spaces, but shall not have less
than 248 parking spaces. The Planning Director may allow slight change to the number
of parking spaces based on changes due to conditions to be shown on the final
development plan, but the minimum number of parking spaces shall be 248 spaces. The
minimum number of parking spaces required by ordinance for this project has been
computed based on use and shall be as follows:
Exhibit "A" Conditions
REV. PUD ZC #02-0108
Page 5
Parking Parking
Use Size/No. Ratio Reouired
(PUD 98-0331 ) (Yrt998)
Independent Living 143 unit
Assisted Living 119 units
Nursing Facility 120 beds
1 space/2 units
1 space/2 units
3/4 space/beds
72 Spaces
60 Spaces
90 Spaces
(PUD 02-0108 (Yr2002))
Cottages 5 units 1 space/2 units 3 Spaces
Offices
Independent Living 1996 sq. ft. 1 space/250 sq. ft 8 Spaces
Assisted Living 1731 sq. ft 1 space/250 sq. ft 7 Spaces
Nursing facility 2000 sq ft (assumed) 1 space/250 sq. ft 8 Spaces
Number of parking spaces required per Ordinance: Total spaces 248 Spaces
Note: a) There are 343 parking spaces are shown on the proposed site plan.
The applicant shall include a copy of a final landscape plan with each set of the final
building plans submitted to the Building Division. In addition, one (1) copy of the
landscape plan shall also be submitted to the Planning Division. Building permits will not
be issued until the Planning Division has approved the final landscape plan for
consistency with approved site plans and minimum ordinance standards (please refer to
the attached standards - Chapter 17.61 ).
Please be advised that these landscaping standards create four (4) categories of trees
and each category has its own separate set of spacing, evergreen-to-deciduous ratios,
location, and performance standards. These categories are:
· Street frontage trees
Parking lot (shade trees)
Shade/accent trees at building entrances
Trees that buffer adjacent residential areas
Approved landscaping, parking, lighting, and other related site improvements shall be
installed and inspected by the Planning Division before final occupancy of any building or
site. Please schedule final inspections with the staff contact noted above.
(NOTE: Plants must match the species identified and be installed in the locations
consistent with the approved landscape plan. Otherwise, changes made without prior
approval of the Planning staff may result in the removal and/or relocation of installed plant
materials and delays in obtaining building occupancy.)
Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A).
Illumination shall be evenly distributed across the parking area with light fixtures designed
and arranged so that light is directed downward and is reflected away from adjacent
residential properties and streets. Use of glare shields or baffles may be required for
glare reduction or control of back light. All light poles, standards and fixtures, including
bases or pedestals, shall not exceed a height of 40' above grade. The final building
plans shall include a picture or diagram of the light fixtures being used and show how light
will be directed onto the parking area.
'~)~IGINA~
Exhibit "A" Conditions
REV. PUD ZC ~q)2-0108
Page 6
Habitat Conservation fees shall be required for this project and will be calculated based
on the fee in effect at the time we issue an urban development permit (includes grading
plan approvals) as defined in the Implementation/Management Agreement (Section 2.21)
for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the fee, the
applicant will receive acknowledgment of compliance with Metropolitan Bakersfield
Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). This
fee is currently $1,240 per gross acre, payable to the City of Bakersfield (submit to the
Planning Division). This fee must be paid before any grading or other site disturbance
Occurs,
A Park Development and Improvement Fee shall be paid at the time a building permit is
issued. We will base this fee at the rate in effect at the time the permit is issued. The
current fee is $635 for each independent residential unit.
Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel,
hospital, church, school) shall be completely screened by parapets or other finished
architectural features constructed to a height of the highest equipment, unfinished
structural element or unfinished architectural feature of the building.
Open storage of materials and equipment shall be surrounded and screened with a solid
wall or fence (screening also applies to gates). This fence shall be at least 6 feet in
height and materials shall not be stacked above the height of the fence. (Note: A taller
fence is allowed in commercial and industrial zones. A building permit is only required for
fences and walls over 6 feet in height.)
Areas used for outside storage (does not include vehicle parking areas which are required
to be paved), shall be treated with a permanent dust binder or other permanent dust
control measures consistent with air pollution control regulations.
10. Final site plan shall be drawn to the scale of the map.
C. FIRE DEPARTMENT (staff contact- Dave Weirather 661/326-3706)
1. Show on the final building plans the following items:
All fire lanes as indicated on the returned plans, or as they may be modified by the
Fire Department. Spacing between each sign identifying the fire lane must also be
shown on the final plan that meets minimum city standards. The applicant shall
install all required fire lane signs before occupancy of any building or portion of
any building is allowed.
Both offsite (nearest to site) and on-site fire hydrants with required fire flows. New
fire hydrants shall be sited and installed in accordance with the latest adopted
version of the California Fire Code. Hydrants must be in working order to assure
that adequate fire protection is available during construction unless other
arrangements for such protection are approved by the Fire Department. Please
provide 2 sets of the engineered water plans to Dave Weirather. (Note: All new
fire hydrants must be purchased from the Fire Department.)
Exhibit "A" Conditions
REV. PUD ZC #02-0108
Page 7
If the project has fire sprinkler or stand pipe systems. The Fire Department will
issue guidelines for connection locations (FDC) when automatic sprinkler and
stand pipe systems are required.
Project address, including suite number if applicable. If the project is within a
shopping or business canter, note the name and address of the center.
e. Name and phone number of the appropriate contact person.
The applicant must request an inspection of any underground sprinkler feeds at least 24
hours before they are buried. The Fire Safety Control Division (1715 Chester Avenue,
Suite 300, Bakersfield, CA; Ph. 661/326-3951) must complete all on-site inspections of
fire sprinkler systems and fire alarm systems before any building is occupied.
The applicant shall show on the final building plans a 20' wide all-weather emergency
access as indicated by staff on the returned site plan. The Fire Department must approve
the final location and design of this access prior to building permits being issued. This
accass shall be constructed before building occupancy will be granted.
All access (permanent and temporary) to and around any building under construction
must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent
water ponding. Barricades must be in placa where ditches and barriers exist in or cross
roadways. Emergency vehicle accass must always be reliable.
D. PUBLIC WORKS - ENGINEERING (staff contact-Janice Horcasitas 661/326-3576)
1. Show on the final building plans all existing connection(s) to the public sewer system.
All driveways, vehicular access and parking areas shall be paved with a minimum of 2"
Type B, A.C. over 3" Class II A.B. according to the Bakersfield Municipal Code (Sections
15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer. This paving
standard shall be noted on the final building plans submitted to the Building Division
before any building permits will be issued.
Revised grading plan is required by the Building Division. Building permit will not be
issued until the revised grading plan is approved by both the Public Works Department
and Building Division.
Before you can occupy any building or site, you must reconstruct or repair substandard
off-site improvements to adopted city standards as directed by the City Engineer. Please
call the construction superintendent at 661/326-3049 to schedule a site inspection to find
out what improvements may be required.
You must obtain a street permit from the Public Works Department before any work can
be done within the public right-of-way (streets, alleys, easements). Please include a copy
of this site plan review decision to the department at the time you apply for this permit.
Exhibit "A" Conditions
REV. PUD ZC #02-0108
Page 6
A sewer connection fee shall be paid at the time a building permit is issued. We will base
this fee at the rate in effect at the time a building permit is issued.
If the project is subject to the provisions of the National Pollutant Discharge Elimination
System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General
Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No.
92-08-DWQ) must be filed with the State Water Resources Control Board in Sacramento
before the beginning of any construction activity. Compliance with the general permit
requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared,
continuously carried out, and always be available for public inspection during normal
construction hours.
A transportation impact fee for regional facilities shall be paid at the time a building permit
is issued. This fee will be based at the rate in effect at the time the permit is issued. The
Public Works Department will calculate an estimate of the total fee when you submit
construction plans for the project.
PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114)
You must contact the staff person noted above before building permits can be issued or
work begins on the property to establish the level and type of service necessary for the
collection of refuse and/or recycled materials. These levels of service are based on how
often collection occurs as follows:
Can or cart service -- 1 cubic yard/week or less
· Front loader bin service -- 1 cubic yard/week - 12 cubic yards/day
· Roll-off compactor service -- More than 12 cubic yards/day
Show on the final building plans two, 6' x 8' refuse bin enclosure(s) designed according to
adopted city standards (Detail #S-43). Before occupancy of the building or site is
allowed, two, 3 cubic yard front loading type refuse bin(s) shall be placed within the
required enclosure(s).
Facilities that require infectious waste services shall obtain approval for separate
infectious waste storage areas from the Kern County Health Department. In no instances
shall the refuse bin area be used for infectious waste containment purposes.
Facilities that require grease containment must provide a storage location that is separate
from the refuse bin location. This shall be shown on the final building plans.
Facilities that participate in recycling operations must provide a location that is separate
from the refuse containment area. This shall be shown on the final building plans.
S:tZoneChangetzlO8gglCC~ExA.wpd (April5,2002)
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ZONE CHANGE P02-0108O
EXHIBIT "D"
LEGAL DESCRIPTION
Being a portion of the southeast quarter of Section 31, Township 29 South, Range 27 East,
Mount Diablo Base and Meridian, in the City of Bakersfield, State of California, according to
the Kern County filed map of said land, recorded in Book 6 of Filed Maps at Page 46, more
particularly described as follows:
Beginning at a survey monument with brass cap, tagged R.E. 6640, for the east quarter comer
of Section 31, Township 29 South, Range 27 East, Mount Diablo Base and Meridian; thence
south 00° 43' 19" west along the east line of said Section 31, a distance of 10.00 feet to a point;
said point being the intersection of the east line of the southeast quarter of said Section 31 and
the south right-of-way of the proposed Kern River freeway alignment, said point being the tree
point of beginning for this description.
(I) thence north 89° 08' 14" west a distance of 415.67 feet along the south right-of-way of the
proposed Kern River freeway ahgnment; (2) thence south 85 01 12' west a distance of 1033.92
feet along the south right-of-way of the proposed Kern River freeway alignment; (3) thence south
46° 15' 07" west a distance of 249.18 feet along the south right-of-way of the proposed Kern
River freeway alignment; (4) thence south 17° 01' 24" west a distance of 437.30 feet along the
south right-of-way of the proposed Kern River freeway alignment to a point; said point being
the intersection of the south right-of-way of the Kern River freeway~ alignment and the east fight-
of-way of Calloway Drive (I10 feet wide); (5) thence south 00 43' 19" west a distance of
462.38 feet along the east right-of-way of Calloway Drive to the beginning of a tangent curve,
concave easterly, having a radius of 3945.15 feet; (6) thence along ~id curve and the east right-
of-way of Calloway Drive southerly through a central angle of 01 13' 36', an arc length of
84.46 feet to a point; said point being the intersection of the east right-of-way of Calloway Drive
and the north boundary of the Cross Valley canal; (7) thence north 80° 20' 30" east a distance
of 190.30 feet along the north boundary of the Cross Valley canal; (8) thence south 09° 39' 30"
east a distance of 5.00 feet along the north boundary of the Cross Valley canal to the beginning
of a non-tangent curve, concave northerly, having a radius of 320.01 feet; (9) thence along said
curve and the north boundary of the cross Valley canal northeasterly through a central angle of
33° 08' 13', an arc length of 185.08 feet; (10) thence departing tangent to said curve north 47°
12' 17" east a distance of 222.58 feet along the north boundary of the Cross Valley canal to the
beginning of a tangent curve, concave northwesterly, having a radius of 320.01 feet; (1 I) thence
along said curve and the north boundary of the Cross Valley canal, northeasterly, through a
central angle of 25° 18' 49', an arc length of 141.38 feet; (12) thence departing tangent to said
curve north 21 ° 53' 28' east a distance of 106.40 feet along the north boundaz7 of the Cross
Valley canal to the beginning of a tangent curve, concave southeasterly, having a radius of
580.02 feet; (13) thence along said curve and the north boundary of the Cross Valley canal,
northeasterly, through a central angle of 50° 19' 38', an arc length of 509.48 feet; (14) thence
departing tangent to said curve north 72' 13' 06" east a distance of 104.52 feet along the north
boundary of the cross Valley canal to the beginning of a tangent curve, concave northerly,
having a radius of 320.01 feet; (15) thence along said curve on the north boundary of the Cross
Valley canal, northeasterly, through a central angle of 25° 27' 59", an arc length of 142.24 feet;
(16) thence departing tangent to said curve north 46° 45' 07" east a distance of 252.11 feet along
.?)~IL~INAt
EXHIBIT "D",
Page -2-
the north boundary of the Cross Valley canal to the beginning of a tangent curve, concave
southeasterly, having a radius of 480.02 feet; (17) thence along said curve and the north
boundary of the Cross Valley canal, northeasterly, through a central angle of 44* 06' 52". an
arc length of 369.59 feet; (18) thence departing tangent to said curve south 89° 08' Ol" east a
distance of 23.02 feet along the north boundary of the Coross Valley canal to a point; said point
being on the east line of said Section 31; thence north O0 43' 19' east along the east line of said
Section 31, a distance of 4.99 feet to the true point of beginning for this description.
Containing 885,693 square feet, 20.33 acres.
'~)~IGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 25th day of April , 2002 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4054 , passed by the
Bakersfield City Council at a meeting held on the 24th day of April 2002 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO 102-31) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM PUD (PLANNED UNIT DEVELOPMENT)
ZONE APPROVING FIVE ADDITIONAL DWELLIN UNITS
FOR THE GLENWOOD GARDENS SENIOR
RESIDENTIAL DEVELOPMENT ON 20.33 ACRES
LOCATED AT 350 CALLOWAY DRIVE.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield