HomeMy WebLinkAboutORD NO 3634 3634
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NOS. 101-36 and 102-31 BY CHANGING THE
ZONING OF 229.31 ACRES GENERALLY LOCATED
NORTH OF THE CROSS VALLEY CANAL TO THE KERN
RIVER FREEWAY ALIGNMENT BETWEEN CALLOWAY
DRIVE EXTENSION AND THE RIO BRAVO
CANAL/GOOSE LAKE SLOUGH FROM AGRICULTURE
TO PLANNED UNIT DEVELOPMENT.
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 ]and use zoning of those certain properties
in the City of Bakersfield generally located north of the Cross Valley Canal and the
Kern River Freeway Alignment between Calloway Drive Extension and the Rio Bravo
Canal/Goose Lake Slough; and
WHEREAS, by Resolution No. 5-85 on January 19, 1995, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve a Planned Unit Development on 229.31 acres as
delineated on attached Zoning Map Nos. 101-36 and 102-31 marked Exhibits "B" and
"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 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 Agriculture
to Planned Unit Development 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 November 18, 1995, 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 notices have been given.
2. The provisions of the California Environmental Quality Act
(CEQA) have been followed.
3. Based on the Initial Study and comments received, staff has
determined that the proposed project could not have a significant effect on the
environment. A Negative Declaration with mitigation measures was advertised
November 7, 1994, and posted on November 4, 1994, in accordance with CEQA. The
environmental document must be changed as reflected on Exhibit "E."
4. 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
6. 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.
7. The development of a harmonious, integrated plan justifies
exceptions from the normal application of Title 17 of the Municipal Code.
8. The public necessity, general welfare and good zoning practice
justify the change of zone to PUD.
9. The proposed zone change to PUD is consistent with the
Metropolitan Bakersfield 2010 General Plan, with the approval of GPA 4-94, Segment
IV.
10. The golf course is adequate compensation for the loss of 43 acres of
Open Space as the PUD is "connected" by conditions of approval on the general plan
amendment.
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 with modifications in Exhibit "E" and
Exhibit "F" attached, is hereby approved and adopted.
2
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. 101-36 and 102-31 marked Exhibits "B" and "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".
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
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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
I~AR 0 8 ~ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARBON, SMITH, McDERMOTT, ROWLES, CHOW, H~LVAGGIO
NOES:
ABSTAIN: COUNCILMEMBER
Assistant
CITY CLERK and Ex Officio Cle~,J~ of the
Council of the City of Bakersfield
APPROVED ~AR 0 8 1995
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
ASSISTANT CITY ATTORNEY
MO:pjt
February 23, 1995
res\o494s4zc.cc
4
EXHIBIT "A"
Zone Change #5603
Conditions of Approval
Public Works Deoartment:
NOTE: * indicates adjustments have been made on these items to account for the Regional
Transportation Impact Fee's contribution towards the item.
NOTE: ** indicates the cost and resulting proportionate share shall be determined based on an engineer's
estimate prepared by the developer and approved by the City Engineer.
Upon further subdivision or development, the developer shall pay to the City fees for his
proportionate share of the cost of future traffic signals in the project area impacted from
the project. These fees shall be paid at the time of issuance of a building permit. The
traffic signals and the developers proportionate share are as follows:
*Brimhall Rd at Calloway Dr
Brimhall Rd at Coffee Rd (expansion)
Jewetta Ave at Palm Ave
Allen Road at Future Collector
*Brimhall Rd at Jewetta Ave
Calloway l)r at Future Collector
Brimhall Rd at Verdugo Ln
Allen Rd at Palm Ave
Rosedale Ilwy at Allen Rd
*Buena Vista Rd at Stockdale Itwy
Allen Rd at Stockdale 1twy
*Allen P,d at Brimhall Rd
TOTAl.
$ 2,340.00
$ **
$ 1,430.00
$ 1,430.00
$1,300.00
$ 5,850.00
$ 2,080.00
$ 3,510.00
$ 720.00
$ 5,330.00
$ 4,160.00
$ 2,600.00
$30,750.00
(1.8% of $130,000.00)
(0.8% of $ ** )
0.1% of $130,000.00)
(1.1% of $130,000.00)
( 1.0% of $130,000.00)
(4.5% of $130,000.00)
(1.6% of $130,000.00)
(1.0% of $130,000.00)
(0.9% of $80,000.00)
(4.1% of $130,000.00)
(5.2% of $80,000.00)
(2.0% of $130,000.00)
At the time of further subdivision or development, the developer shall pay fees for his
proportionate share of the cost of canal and river crossings in the area. These fees shall be paid
at the time of issuance of a building permit. The proportionate share for the project area would
be as follows:
*Calloway Dr crossing of the Kern River
*Calloway Dr crossing of the Cross Valley Canal
TOTAL
$116,000.00
$ 14,500.00
$130,500.00
(2.9% of $4,000,000.00)
(2.9% of $500,000.00)
At the time of further subdivision or development, the developer shall pay fees for his
proportionate share of the cost of the road improvements listed below. These fees shall be paid at
the time of issuance of a building permit. The proportionate share for the project area would be
as follows:
Exhibit "A"
Zone Change No. 5603
Page 2
Old River Rd at Stockdale Itwy - Add dual left-turn lanes
Calloway Dr at Rosedale Hwy - Full expansion
Rosedale Hwy - One lane mile each EB & WB
Calloway Dr, Brimhall Rd to Rosedale Hwy - One add'l lane each NB & SB
(7.9% of $ ** )
(0.7% of $ ** )
(0.6% of $ ** )
(2.6% of $ ** )
The fee for Calloway Drive is to be paid upon determination and demand of the Public Works
Director.
4. At the time of further subdivision or development, the developer shall pay fees for his
proporfionate share of the cost of the railroad grade separations listed below. These fees shall be
paid at the time of issuance of a building permit. The proportionate share for the project area
would be as follows:
*Calloway Dr at AT & SF railroad (1.3% of $6,000,000.00 = $78,000.00)
The traffic study and resulting impacts identified in items 1., 2., 3., and 4. above are based on 630
single family detached dwelling units, 150 single family attached dwelling units, and an 18 hole golf
course within the Zone Change Area, while the land use proposed would allow more dwelling
units. Not including the proportionate share costs to be determined based on an engineer's
estimate (** items), based on the above units, the local traffic mitigation yields a unit cost per
single family detached unit of $299.25, a unit cost per single family attached unit of $205.76, and a
cost for the golf course of $19,858.00. These unit costs per detached and attached single family
unit plus the proportionate share costs to be determined based on an engineer's estimate (**
items) shall be maintained irregardless of the number of units that are finally created so that
proportionate traffic mitigation will be achieved. Should an increase of more than 5% in dwelling
units be proposed for any specific project within the Zone Change area, then a review and
possible revision to the traffic study and resulting revision to local traffic mitigation fees may be
required. If the project is age restricted in accordance with State and Federal laws, then the
applicant may recalculate the traffic fees identified in Conditions 1, 2, 3 and 4 above to reflect this
age restriction. Said traffic fee recalculafions shall be approved by the City Engineer.
The Calloway Drive access point into the development shall be designed to maximize the spacing
between it and the Kern River Freeway interchange. The design shall be done in consultation with
CalTrans and shall be subject to final approval by the City Engineer.
The traffic study projects left-turns north on Calloway Drive out of the development. For this full
access, a traffic signal is required. This signal shall be installed by the project applicant and be
operational prior to occupancy of any development or residence within the Zone Change area.
A southbound right-turn decelerafion lane shall be constructed by the project applicant at the
Calloway Drive entrance to the project.
As the applicant is proposing that the lakes within the golf course also be storm water retention
bosins, and based on history the City has had regarding a similar drainage system, the golf course
shall be at an elevation lower than the surrounding residential areas so that flooding of the golf
course area will occur prior to flooding of any residential areas.
10.
The secondary access to the west shall be defined along an alignment approved by the City
Engineer and dedicated prior to recordation of a final map or issuance of a building permit. Said
secondary access shall be improved as required by the City Engineer and Fire Chief prior to
development of Phase II.
Exhibit "A"
Zone Change No. 5603
Page 3
11.
The site plan for the Maintenance Building shows the only access to the maintenance yard to be
from a road that connects with the Driving Range parking lot. Both this road and the Driving
Range parking lot are located in the future freeway right-of-way area. Future access from the
adjacent local streets shall be provided for as access from the future freeway right-of-way area will
eventually be severed.
12.
As the development proposed consists of private streets, all drainage basins, and storm drainage
systems shall be maintained by the homeowners association established to maintain the streets.
The maintenance and operation of the sewer system and its appurtenances shall be reviewed by
the City Engineer at the time a sewer study/layout is submitted to the Public Works Department
for review. Portions of the sewer system serving only areas within the project shall be maintained
by the homeowners association established to maintain the streets. However, portions of the
sewer system within the project that serve public areas beyond the boundaries of the project shall
be maintained by the City. Easements to allow access for maintenance of these sewer lines as well
as the existing Buena Vista Trunk Sewer Pipeline that crosses the project shall be provided to the
City prior to recordation of the first final tract map within the project area.
Avvlicant's Conditions:
13.
At a minimum, a chain link fence shall be constructed between the proposed PUD property and
the adjacent Cross Valley and Rio Bravo canals. The fence shall be a minimum of six feet tall on
the PUD property side. The construction of the fences shall occur during the phase of
development where they are located.
14.
A wrought iron fence shall be constructed along Calloway Drive on the PUD property per
site plan. Construction of the wrought iron fence shall occur during the first phase of
development on the project site.
15.
As shown on the PUD site plan, a landscaped setback shall be constructed on the PUD property
side of the wrought iron fence along Calloway Drive. Wrought iron fence to be placed between
public landscaping on Calloway Drive and private property south of the community entrance.
16.
As shown on the PUD site plan, the three drainage basins/lakes for the golf course shall bc
constructed in accordance with the City Public Works Department. These drainage basins/lakes
shall be constructed at the time Public Works requires them.
17.
]'he owner/developer shall construct, at a minimum, a six foot high block wall along the northern
property line adjacent to the rear tier of lots. Construction of the wall shall occur with
construction within each phase of the PUD development.
18.
Roof mounted mechanical equipment on the golf course clubhouse and maintenance
buildings shall be mounted on the rear half of the building.
19.
Any exterior lighting on the buildings shall be designed to avoid direct illumination to the adjacent
properties subject to approval of Planning Director.
20. All the streets are to be privately owned and maintained by a homeowners association.
21. The drainage system for the PUD development is to be privately owned and maintained.
Exhibit "A"
Zone Change No. 5603
Page 4
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
All streets (excluding cluster areas) in the PUD development shall be 32 feet back of curb
to back of curb. This will allow eight feet for parking on one side while providing a 24
foot clear area for vehicular and bicycle traffic.
The minimum street centerline radius shall be 500 feet for all private streets or less as
approved by City Engineer.
All return radii shall be 20 feet at property line and 20 feet at the curb line.
All cul-de-sac radii shall be 50 feet at property line and 42 feet at the curb line.
All knuckle radii shall be 90 feet at property line and 82 feel at the curb line.
There shall be 53 RV parking spaces located within the PUD development, specific
locations are shown on the site plan. These spaces shall be paved, striped and signs
posted identifying the RV parking spaces by the developer in accordance with the City
Public Works Department. The typical parking stall dimensions are 15 feet x 40 feet
standard. All drive aisles shall be 25 feet minimum.
There shall be 108 off-street guest parking spaces located within the PUD development,
specific locations are shown on the site plan. These spaces shall be paved, striped and
signs posted identifying the guest parking spaces by the developer in accordance with the
Cily Public Works Department. The typical parking stall dimensions are 9 feet x 18 feet
standard. All drive aisles shall be 25 feet minimum.
There shall be 20 off-street parking spaces for lhe driving range located near the east side
of the driving range. These spaces shall be paved, striped and signs posted identifying the
driving range parking spaces by the developer in accordance with the City Public Works
Department. The typical parking stall dimensions are 9 feet x 18 feet standard. All drive
aisles shall be 25 feet minimum.
The six foot wide pedestrian/golf path located within the golf course shall be paved with
an all weather surface. '[]~e location shall be consistent with the PUD development. The
pedestrian/golf path shall be constructed when the golf course is constructed (or within
each phase of development).
The developers shall give the adjacent canal property owners two weeks notice prior to
commencing with the construction of the new chain link fences. Evidence of such coordination
must accompany request for the first construction permit within that particular phase of
development.
There shall be 173 parking spaces located at lhe golf course clubhouse, which includes 7
handicapped spaces. These spaces shall be paved and striped by the developer in
accordance with the City Public Works Department. The typical parking stall dimensions
are 9 feet x 18 feet standard.
Exhibit "A"
Zone Change No. 5603
Page 5
33.
The 8,000 sq. ft. golf course clubhouse shall consist of a 2,000 sq. ft. multi-purpose room,
a 360 sq. ft. library, a 750 sq. ft. card/billiard room, a 210 sq. ft. hobby room, two 260 sq.
ft. hobby rooms, a 300 sq. ft. exercise room, a 350 sq. ft. pro-shop, and a lounge & grill
bar with kitchen as shown on the floor plan submitted with the PUD development. There
shall also be a swimming pool and two tennis courts. Minor alterations (20% change in
square footage) in square footage may be permitted at the discretion of the Planning
Director. 18-hole golf course shall be completed with the first phase of development and
prior to commencement of the second phase.
34.
There shall be 1,500 sq. ft. cart barn constructed near the 3,000 sq. ft. golf course maintenance
building. There shall also be nine parking spaces between the cart barn and the maintenance
building for employee parking. These spaces shall be paved, striped and signs posted identifying
the guest parking spaces by the developer in accordance with the City Public Works Department.
]'he typical parking stall dimensions are 9 feet x 18 feet standard.
35.
The developer/owner shall construct with the first phase of development, a temporary fire access
road across the golf course between the northerly tier of lots and southerly end of the south Loop
Road. Pavement of the life access road will be approved by both the Fire and Public Works
Departments. This access to be removed with development of Phase Ill if a permanent access
across the Rio Bravo Canal is approved by both the Fire and Public Works Department.
Plannina Department Conditions:
36.
]l~e subject site shall be developed substantially as shown on the PUD site plan with
modifications per the site plan review committee conditions.
37. The setback area between the private lots and Calloway Drive shall be landscaped.
38.
All security lights shall meet the R-1 Zoning requirements for the height restrictions. The lights
shall be designed and arranged to reflect away from the adjacent properties and streets. All light
fixtures shall be located between 15 feet and 40 feet above grade. Lighting proposals must be
approved before Building Department will begin plan check. Lighting for golf course may be
bollard lighting on poles less than 14' high.
39.
]'he owner/developer shall complete construction of the entire golf course and clubhouse with
Phase 1 of the development. The developer to complete holes 10-18 with Phase 2 of the project.
40.
All lighting for the guest, RV, golf club, and driving range parking areas shall meet Title 17.58.060
A of the Municipal Code. Design and arrange the lights to reflect away from the adjacent
properties and streets. All light fixtures shall be located between 15 feet and 40 feet above grade.
Lighting proposals must be approved before Building Department will begin plan check. Lighting
for golf course may be bollard lighting on poles less than 14' high.
41.
Construct on-site paving with a minimum of 2" Type B, A.C. over 3" Class II A.B., or paving
equivalent as approved by the City Engineer.
42. Two-way drive aislcs (outside of "cluster areas") shall have a minimum width of 32 feet.
43. Two-way parking aisles with a minimum width of 25' to provide proper backup space for
right angle parking.
Exhibit "A"
Zone Change No. 5603
Page 6
44.
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.
45.
Any masonry wall or fence heights in the perimeter of the guest, RV, golf clubhouse, and driving
range parking areas, shall meet the R-1 zoning regulations.
46.
Any and all signs on the PUD development shall conform to the R-1 zoning regulations, unless
otherwise depicted on the approved site plan.
Fire Department Conditions:
47.
The Interim Secondary Access roadways shown on the PUD site plan for fire access to
Calloway Drive and the all weather access roadway between the tier of lots north of the
golf course and the southerly loop street shall be constructed in the first phase of
development and shall be a minimum 20 feet wide and paved. The road pavement shall
be approved by the City Public Works Dept. and installed at the developers expense.
48.
The second phase of the development shall include access over the (Goose l.ake Slough) Rio
Bravo Canal and construction of a roadway to Allen Road or other improved street with the
approval of Fire Department. The roadway shall be paved and the width shall be in accordance
with both the Fire Department and Public Works Department for fire access. No issuance of a
certificate of occupancy within the second phase shall be permitted until the access and roadway is
complete.
49.
Spacing between fire-lane signs to meet City standards. These signs shall be within the
clustered areas per the PUD site plan.
50.
The applicant/developer shall reserve an area for a future bus stop location for the project site,
which will be located along Calloway Drive. The bus stop pad size shall be 15 feet by 10 feet
minimum with the specific location and geometric configuration of the site approved by the
Golden Empire 'Fransit District. The Golden Empire Transit District will be given 30 days to
respond prior to site plan review approval or it will be deemed approved subject only to the City
of Bakersfield Traffic Engineer. Funding for construction of the bus stop to be provided by the
developer. No building permit will be issued for Phase It without a letter from GET stating the
developer has met this requirement.
51. All streets within the cluster development areas shall be 28 feet wide minimum with no parking.
Site Plan Review Conditions:
"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
BuiMing Department will not begin plan check until all "A" Conditions are correctly indicated on the plans
submitted for plan check.
52. Designate a fire lane, per City requirements, as shown on the attached site plan. Please indicate
spacing between signs to meet City standards. (Fire)
Exhibit "A"
Zone Change No. 5603
Page 7
53.
Provide lighting for the parking area and submit layout along with description of light fixtures as
per Title 17.58.060 A of the Municipal Code. Design and arrange the lights to reflect away from
the adjacent residential properties and streets. All light fixtures shall be located between 15' and
40' above grade. Lighting proposals must be approved before Building Department will begin
plan check. Lighting on golf course may be bollard lighting on poles less than 14' high. (Planning
and Building)
54.
Street return type approach(es), if used, shall have minimum 20' radius returns with throat width
as shown on plans. (Traffic Engineering)
55. Show two-way drive aisles with a minimum width of 24 feet. (Traffic Engineering)
56.
Show two-way parking aisles with a minimum width of 25' to provide proper backup space for
right angle parking. (Traffic Engineering)
57. Show plan detailing access to Calloway Drive from driving range. (Traffic Engineering)
58.
Show plan of driving range to access road and parking lot. Access to the driving range from
Calloway Drive shall be limited to right4urns out, and left-turns in. Left-turns out will not be
allowed at this access. Prior to recordation of a final map within the project area, an offer of
dedication shall be provided for a southbound right-turn decelerafion lane at this access. (Traffic
Engineering)
59. Appropriate conditions of GPA/ZC shall be met. (Traffic Engineering)
"B" CONDITIONS: This category consists of conditions that must be satisfied before the Building
Department will begin checking plans submitted for plan check.
60.
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)
61. Install 15 fire hydrant(s) as shown on attached plans prior to fired site plan approval. (Fire)
62.
Provide three copies of the grading plans with two copies of the preliminary soils report to the
Building Department. (Engineering Services and Building)
A landscape plan and specification for irrigation shall be submitted to the Planning Department
for approval prior to final site plan approval. (Planning)
64.
All conditions of approval of GPA 4-94, Segment IV shall be complied with. (Engineering
Serviccs)
65.
The Sanitation Division must be contacted to work out an alternate solution that will allow safe
collection. (Sanitation)
"C" CONI)ITIONS: 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.
Exhibit "A"
Zone Change No. 5603
Page 8
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
All streets and access roads to and around any building under construction must be at least 20
Izct 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)
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)
Post the designated fire lane as required by the City prior to occupancy of any portion of any
building. (Fire)
Provide the Fire Department with one set of approved water plans prior to the issuance of any
building permit. (Fire)
Structures exceeding 10,000 square feet in area shall be constructed with an automatic fire
sprinkler system throughout. (Building)
Show compliance with all handicap requirements as per State Building Code. (Building)
A final soils report shall be submitted prior to issuance of a building permit. (Building)
Provide dwelling unit identification signs/plans for approval by the Building Department.
(Building)
Submit for all necessary approvals from the Kern County Environmental Health Services
Department located al 2700 "M" Street for any public pool or related facilities prior to issuance of
a building permit. IIandicapped access to any public pool and related facilities shall conform to
the State Building Code. (Building)
Approved landscaping shall be installed prior to final building inspection or occupancy of any
building. Landscape inspections are on Fridays. Call Dave l)ow at 326-3666 or Louise Palmer at
326-3680 prior to the Friday you wish your inspection. (Planning)
ttabitat Conservation fees for this project will be calculated based on the fee in effect at the time
(currently $1,240 per gross acre) payable to the Planning Department prior to issuance of an
urban development permit (includes grading plan approvals) as defined in the
Implementation/ManagementAgreement (Section 2.21) for the Metropolitan Bakersfield Habitat
Conservation Plan. Upon payment of fees, applicant will receive acknowledgement of compliance
with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management
Agreement Section 3.1.4). (Planning)
A sewer connection fee shall be paid prior to issuance of a building permit. The fee will be based
on the current adopted charges at the time of issuance of the building permit. (Engineering
Services)
Exhibit "A"
Zone Change No. 5603
Page 9
78.
79.
80.
81.
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 1994-1995 fiscal year
and the proposed project use, a rate of $1,179 per unit would be anticipated. Upon submission of
construction plans for the project, the Public Works Department will provide an estimate of the
total fee. (Engineering Services)
A permit from the Public Works Department is required prior to any work within city right-of-way
(street, alley, easement). A copy of the approved site plan with conditions shall be submitted to
the Public Works Department at the time of application for a permit. (Engineering Services)
Applicant to record CC&R's on all property within the PUD area to restrict the age of residents
to 55 years and older as permitted by State law and Federal law.
In accordance with Public Resources Code Section 21081.6, the City Council adopts the following
mitigation monitoring program with respect to the conditions of the project. As part of the
building permit process, lhe Development Services Department shall review building plans and
inspect completed structures to enforce compliance with the standards and criteria approved
hereunder. The Public Works Department shall enforce the applicant's compliance with
conditions related to required dedications in accordance with the project conditions. ~Ilte
Development Services Department shall also monitor the applicant's activities and ongoing
operations on an ongoing basis. The Development Services Department shall conduct periodic
inspections at least twice annually, and shall investigate any written complaints alleging non-
compliance with project conditions. In the event the applicant fails to comply with conditions, the
Development Services Department shall enforce such conditions through the mechanisms provided
by the Municipal Code.
p:494s4.ce
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CITY OF BA~E~SF IELD
ZONING MAP 101-56
SEC :56 T 29S F~ 26£
LEGEND
CiTY OF BAKERSFIELD
ZONING MAP 102-31
SEC 31 T 295 R 27~
LEGEND
C-O
FP-P
C-O
EXHIBIT D
PROPOSED PUD ZONE
PARCEL I
A parcel of land located in Section 36, T 29 S. R 26 E and Section 31, T 29 S, R 27E,
MBM, in the City of Bakersfield. Kern County, State of California and more
particularly described as follows:
Commencing at a point which is N 0° 22' 41" E, 96.33 feet from the East quarter
comer of said Section 36;
Thence along the centerline of the future Kern River Freeway S 89° 08' 02" E,
3563.94 feet point on the centerline intersection of the future Calloway Drive and
the beginning of a nontangent curve concave to the East whose radial bears
S 81° 49' 56" E, 2700.00 feet to the centerpoint;
2. Thence South along said curve an arc length of 350.87 feet and through a central
angle of 7° 26' 45" to a point on a tangent line;
o
Thence along said tangent, which is the centerline of the future Calloway Drive,
S 0° 43' 19~ W, 913.36 feet to the beginning of a curve concave to the East
whose radius is 4000.00 feet;
Thence along said curve, which is the centerline of the future Calloway Drive, an
arc length of 118.20 feet and through a central angle of 1° 41' 35" to a point on
the North right of way of the Cross Valley Canal;
5. Thence along said right of way S 80° 20' 35" W, 2039.92 feet to the beginning of
a curve concave to the South whose radius is 1065.00 feet;
o
Thence along said curve, which is the North right of way of the Cross Valley
Canal, an arc length of 202.98 feet and through a central angle of 10° 55' 13" to a
point on a tangent line;
7. Thence continuing along said right of way S 69° 25' 22" W. 804.84 feet to a
point;
8. Thence continuing along said right of way N 20° 34' 38" W, 5.00 feet to a point;
9. Thence continuing along said right of way S 69° 25' 22" W, 427.36 feet to the
beginning of a curve concave to the South East whose radius is 1070.00 t~et;
10. Thence along said curve, which is the said right of way of the canal, an arc length
of 138.14 feet and through a central angle of 7° 23' 50" to a point on a tangent
line:
M-Mc #6831.18 Page 1
EXHIBIT D
PROPOSED PUD ZONE
CONT.
11. Thence along said tangent S 62° 01' 32" W, 56.14 feet to a point on the
intersection with the East line of Section 36;
12. Thence along said canal right of way S 62° 01' 32" W, 12.65 feet to a point;
13. Thence leaving said canal right of way N 27° 58' 22" W, 75.00 feet to a point on
the Rio Bravo Canal right of way;
14. Thence along said right of way S 62° 01' 38" W, 105.00 feet to a point;
15. Thence continuing along said fight of way N 27° 58' 22" W, 83.50 feet to the
beginning of a curve whose radius is 235.00 feet;
16. Thence along said curve and said canal right of way an arc length of 254.39 feet
and through a central angle of 62° 01' 27" to a point on a tangent line;
17. Thence continuing along said canal right of way N 89° 59' 49" W, 386.36 feet to
a point;
18. Thence N 00° 00' 11" E, 25.00 feet to the beginning of a nontangent curve
concave to the North whose radial bears N 00° 00' 11" E, 145.00 feet to the
centerpoint:
I9. Thence along said curve and said canal right of way an arc length of 78.46 feet
and through a central angle of 31 o 00' I0" to a point on a tangent line;
20. Thence along said tangent and said canal right of way N 58° 59' 39" W, 151.43
feet to the beginning of a curve concave to the North East and whose radius is
397.00 feet;
21. Thence along said curve an arc length of 209.97 feet and through a central angle
of 30° 18' 14" to a point on a nontangent line;
22. Thence continuing along said canal right of way S 61° I8' 35" W, 17.34 feet to a
point;
23. Thence along said Rio Bravo Canal right of way N 28° 48' 02" W. 1376.30 feet
to a point:
34-Mc #6831.18 Page 2
EXHIBIT D
PROPOSED PUD ZONE
CONT.
24. Thence along said Rio Bravo Canal fight of way N 43° 01' 20" W, 798.03 feet to
a point;
25. Thence along said Rio Bravo Canal fight of way N 78° 41' 20" W, 622.81 feet to
the point of intersection with the centerline of the future Kern River Freeway;
26. Thence along said centerline S 89° 08' 02" E, 2966.35 to the point of beginning.
Said Pareel 1 contains 224.91 acres more or less.
PARCEL 2
A parcel of land located in Section 36, T 29 S, R 26 E, MBM, in the City of
Bakersfield, Kern County, State of California and more particularly described as
follows:
Referencing from the East quarter corner of said Section 36, thence N 0° 22' 41" E,
96.33 feet to a point on the centerline of the future Kern River Freeway, thence along
said centerline S 89° 08' 02" E, 1795.64 feet to the true point of beginning.
1. Thence along the centerline of the future Kern River Freeway S 89° 08' 02" E,
1172.81 feet point on said centerline;
2. Thence departing from said centerline N 0° 5I' 58" E, 209.05 feet to a point;
3. Thence S 86° 24' 50" W, 1176.36 feet to a point;
4. Thence S 0° 51' 58" W, 117.73 feet to the true point of beginning.
Said Parcel 2 contains 4.40 acres more or less.
Prepared by:
~l-27~fC ~Martitt-~Mclntosh
2001 Wheelan Court
Bakersfield, CA 93309
(805)834-4814
(805)834-0972 FAX
M-Mc #6831.18
Page 3
EXHIBIT "E"
General Plan Amendment 4-94, Segment IV
Zone Change No. 5603
REVISIONS TO THE INITIAL STUDY AND ENVIRONMENTAL ASSESSMENT
The Initial Study stated that the project proposal would "only aeeca~ for the internal
circulation system is drawn from Callm~ay Drive." This has been modified and the
applicant has recieved approval by the canal board to construct a bridge over the Goose
Lake Slough alone the west boundary of the site. as well as two additional temporary fire
access points alon~t Calloway Drive.
I. ENVIRONMENTAL IMPACTS
The following Section in Transportation (Kern River Freeway) should be amended with
the underlined added and the strikeout deleted.
This property contains 6,530 linear feet of the adopted Specific Plan Line for the
Kern River Freeway. It is a goal of the 2010 Circulation Element to provide a
system of freeways to maintain adequate travel times around the metropolitan
area. Since this general plan amendment includes an adopted specific plan line,
the only consistent action is to require reservation dedication of all that freeway
alignment within the boundaries of the project site.
The following Section in the Equestrian Usage should be amended with the underlined
added and the :t~!:zz~: deleted.
The City of Bakersfield Planning Commission trails committee met with Castle
and Cooke representatives regarding equestrian access along the Goose Lake
Slough from Allen Road to the Kern River. Castle and Cooke representatives
agreed that when Sections 31 and 36 were the subject of development then a trail
would be provided. No trail system is provided by this request. However, Castle
and Cooke representatives represent that an e~uestrlan trail will be developed by others
from Allen Raod alone the Goose Lake Sloueh to the bridge over the Goose Lake
Slough that will link to the Kern River.
Exhibit "E"
GPA 4-94, Seg. IV
Page 2
The following Section in General Plan/Zoning should be amended with the underlined
added and the a:ri::e.z'.:': deleted.
The present land use designation on the site is LR (Low Density
Residential), ER (Estate Residential - 1 net acre/dwelling unit) and OS
(Open Space), with existing zoning of A-20A (Agriculture-20 acre
minimum). This proposal will amend the land use to LR (Low Density
Residential) and zoning to PUD (Planned Unit Development). This
proposal will alter the present land use of the area by creating single family
density. The proposal is nzt consistent with the Metropolitan Bakersfield
2010 General Plan policies and implementation measures with regards to
environmental issues and will not significantly conflict with established state
law and local general plan goals. NOTE: The local open space plan is the
open space element of the general plan for the city. Open space is
regarded as "so important" the State of California mandates each
jurisdiction to have an open space element. The adopted 2010 open space
element "conserves and enhances" the unique open space within the
planning area. The Open Space Element is a Policy document formed by the
City Council. This project proposes to eliminate 43 acres of open space
and mitigate this loss by offering some 70 acres of Open Space-Parks (the
golf course). Open space is defined in State Imv (Sec. 65560) as
"unimproved,*' therefore virtually an}, development (i.e. a golf course) does
not appear to meet the criteria. Mitigation has been added to addrcsa this
problem, see Exhibit "A".
ms
p:494s4.ec
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) S$o
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 13th day of March, 1995
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3634, passed by the
Bakersfield City Council at a meeting held on the 8th day of March,
1995, and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS.
101-36 AND 102-31 BY CHANGING THE ZONING OF
229.31 ACRES GENERALLY LOCATED NORTH OF THE
CROSS VALLEY CANAL TO THE KERN RIVER FREEWAY
ALIGNMENT BETWEEN CALLOWAY DRIVE EXTENSIONAND
THE RIO BRAVO CANAL/GOOSE LAKE SLOUGH FROM
AGRICULTURE TO PLANNED UNIT DEVELOPMENT
By:
/s/ CAROL WILLIAMS
City Clerk of the Ci, t~y o~-~akersfield