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HomeMy WebLinkAboutORD NO 3703 3703 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 ACRES GENERALLY LOCATED WEST OF CALLOWAY DRIVE, EAST OF THE GOOSE LAKE SLOUGH/RIO BRAVO CANAL GENERALLY BETWEEN THE SPECIFIC PLAN LINE FOR THE KERN RIVER FREEWAY AND THE CROSS VALLEY CANAL FROM PUD (PLANNED UNIT DEVELOPMENT) TO PUD (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 land use zoning of those certain properties in the City of Bakersfield generally located west of Calloway Drive, east of the Goose Lake Slough/Rio Bravo Canal, generally between the Specific Plan Line for the Kern River Freeway and the Cross Valley Canal; and WHEREAS, by Resolution No. 77-95 on November 16, 1995, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to modify the existing Planned Unit Development as delineated on the exhibits attached to Resolution No. 77-95 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 hearin~ did make several general and specific findings' of fact which warranted a negative decla~tion of environmental impact and changes in zoning of the subject property by modifying the Planned Unit Development and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the City Council, on January 10, 1996, set a public hearing for February 7, 1996, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of BakersfieM; and WHEREAS, the City Council held a public hearing on the petition to change the zoning and modify the Planning Commission recommendation; 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 October 5, 1995, in accordance with CEQA; and (Changes to the Planning Commission recommendation are in italics) WHEREAS, the general plan designation for this area allows single family residential, cluster housing and the golf course 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 subject to modifications in Exhibit "E". A Negative Declaration with mitigation measures was advertised and posted on October 3, 1995, in accordance with CEQA. 4. The public necessity, general welfare and good zoning practice justify the modification of the PUD. 5. The proposed zone change to PUD is consistent with the Metropolitan Bakersfield 2010 General Plan. 6. The applicant intends to start construction within three years from the effective date of the zone change. 7. The proposed planned unit development zone and preliminary development plan is consistent with the general plan and objectives of Section 17.52 of the Bakersfield Municipal Code. 8. The proposed development will constitute a residential environment of sustained desirability and stability, and that it will compliment and harmonize with the character of the surrounding neighborhood and community. 9. The proposed development justifies exceptions from the normal application of the Bakersfield Municipal Code in that it integrates such elements as the location of structures, circulation pattern, parking, open space, utilities and other amenities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of persons occupying or utilizing the property. 10. PUD proposal. The golf course and driving range facilities are incidental to the 11. The pro shop and restaurant in the clubhouse are incidental to the golf course development and are in harmony with the development. 2 ~ ORt~!t,lA[ 12. This project is consistent with the intent and purpose of GPA 4-94 Segment IV approved by the City Council on February 22, 1995. 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 NegativeDeclaration with modificationslisted in Exhibit"E"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. 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 "F". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A". 5. The approved Planned Unit Development plan is delineated on the attached Exhibit "D". 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 ......... 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 FEB 0 ? ~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTt, ROWLES, SULUVAN, SALVAEiGIO NOES: COUNCILMEMBER ABSTNN: COUNCiLMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 0 ? ~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MO:pjt January 24, 1996 res\o5666.cc EXHIBIT "A" Zone Change No. 5666 Conditions of Approval Air Oualitv Mitigation To minimize fugitive dust during grading and construction activities, the following methods shall be applied: All active portions of construction sites, earthen access roads, and material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. All clearing, grading, earth moving, or excavation activities shall cease during periods of winds greater than 25 miles per hour average over one hour. All material transported off site shall bc either sufficiently watered or securely covered to prevent excessive amounts of dust. The area disturbed by clearing, earth moving, or excavation activities shall be minimized at all times. This can be accomplished by mowing instead of disting for weed control. Construction site vehicle speeds shall bc limited to 15 miles per hour on unpaved roads or paved roads where dust is not controlled through a watering program. Items 1-5: Mechanism for enforcement to be approved by Planning Department prior to issuance of first building permit for project site. Standard Operational Mitigation The following is required: 6. Construct bicycle lanes in project area that link to the Bikeways Master Plan system. The applicant/developer shall reserve a passenger waiting area along Calloway Drive for a future bus stop location for the project site. The passenger waiting area size shall be 15 feet by ten feet minimum with the specific location and geometric configuration of the site approved by the Golden Empire Transit 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 City of Bakersfield Traffic Engineer. The Golden Empire Transit District will be responsible for the construction of the bus stop. o The developer shall install during the first phase bicycle racks or lockers (to accommodate at least 10 bicycles) at the "clubhouse." Farmland Conversion Mitigation 9. The following disclosure shall be given by the applicant to subsequent property (Chang¢~ to tlw Planning Commission recommendation are in boM italics) 2. Exhibit "A" Zone Change No. 5666 Page 2 owners as part of property transfers: "If your property is adjacent to land used for agricultural operations, you may be subject to inconvenience or discomforts arising from such operations on any 24-hour basis. Said discomforts may include, but shall not be limited to: equipment noise, odors from manure and other chemicals, and dust or smoke. It has been determined that in Kern County the use of real property for agriculture operations is a high priority and a favored use to the county and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations as such." A mechanism shall be prepared by the applicant to implement the above and shall be approved by the Planning Department prior to issuance of the first building permit within the project area. Traffic Mitigation 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. 10. 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 with the project previously approved along the east side of Calloway Drive, and shall be subject to final approval by the City Engineer. 11. The traffic study projects left-turns north on Calloway Drive out of the development. For this full access, a traffic signal is required. The location of this signal shall meet City Standards for alignment and separation, the location shall be confirmed by a signal coordination study using PASSER II or other Traffic Engineer approved modeling software, and 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. The signal design and location shall be coordinated with the previously approved project on the east side of Calloway Drive. 12. A southbound right-turn dcceleration lane shall be constructed by the project applicant at the Calloway Drive secondary access to the project. 13. 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 prior to recordation of a final map or issuance of a building permit within Phase 2 of the Zone (Changes to the Planning Commission recommendation are in bold italics) Exhibit "A" Zone Change No. 5666 Page 3 Change area, or prior to elimination of the northerly temporary Phase 1 secondary access, whichever occurs first. 14. The traffic study projects left-turns east on Stockdale Highway from the western secondary access out of the development. For this full access, a traffic signal is required. The location of this signal shall meet City Standards for alignment and separation, the location shall be confirmed by a signal coordination study using PASSER II or other Traffic Engineer approved modeling software, and this signal shall be installed by the project applicant and be operational at the time this street connection to Stockdale Highway is constructed. 15. A westbound right-turn deceleration lane shall be constructed by the project applicant at the Stockdale Highway secondary access entrance to the project. 16. The temporary secondary access to the project from Calloway Drive shall be limited to right-turns in, right-turns out, and left-turns in. Left-turns out will not be allowed at this access. A southbound right-turn deceleration lane shall be constructed by the project applicant at this entrance. 17. As the development proposed consists of private streets, all streets, drainage basins and storm drainage systems shall be maintained by a homeowners association. 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 he 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. 18. As the applicant is proposing that the lakes within the golf course also be storm water retention basins, and based on history the City has had regarding a similar drainage system, the gnlf 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. ]¸9, The design of the local east/west street that extends the length of the project (and will be emended further for the secondary access) is unacceptable and shall be modified prior to submission of the final development plan for the PUD. Because of the linear design of this street and the projected traffic volumes for it, speeds higher than those for normal local residential streets will likely result. The street shall be modified with measures to eliminate its linearity. 19. 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: (Changes to the Planning Commission recommendation are in bold italics) Exhibit "A" Zone Change No. 5666 Page 4 *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 Dr at Future Collector Brimhall Rd at Verdugo Ln Allen Rd at Palm Ave Rosedale Hwy at Allen Rd *Buena Vista Rd at Stockdale Hwy Allen Rd at Stockdale Hwy *Allen Rd at Brimhall Rd TOTAL 20. $ 780.00 $ ** $ 260.00 $ 520.00 $ 260.00 $ 2,990.00 $ 52O.OO $ 390.00 $ 80.00 $1,120.00 $1,440.00 $ 780.0O $9,140.00 (0.7% of $130,000.00) (0.4% of $ ** ) (0.2% of $130,000.00) (0.4% of $130,000.00) (0.2% of $130,000.00) (2.3% of $130,000.00) (0.4% of $130,000.00) (0.3% of $130,000.00) (0.1% of $80,0O0.00) (1.4% of $80,000.00) (1.8% of $80,000.00) (0.6% 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 $ 33,000.00 $ 5,500.00 $ 38,500.00 (1.1% of $3,000,000.00) (1.1% of $500,000.00) 21. 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 the first building permit. The proportionate share for the project area would be as follows: Old River Rd at Stockdale Hwy - 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 (3.1% of $ ** ) (0.2% of $ ** ) (0.2% of $ ** ) (0.6% of $ ** ) 22. At the time of further subdivision or development, the developer shall pay fees for his proportionate 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 (0.2%of $6,000,000.00 = $12,000.00) (Changes to tlut Planning Commission r~commendation are in bold italics) Exhibit "A" Zone Change No. 5666 Page 5 23. The traffic study and resulting impacts identified in items 20., 21., 22., and 23. above are based on 472 age restricted single family detached dwelling units, 206 age restricted 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 without age restrictions. 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 age restricted single family detached unit of $65.96, a unit cost per age restricted single family attached unit of $69.77, and a cost for the golf course of $14,134.68. 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. Should the project not maintain an age restriction in accordance with state and federal laws as is currently proposed, then the applicant shall recalculate the traffic fees identified in items 20, 21., 22., and 23. above to reflect this change to a non-age restricted development. Said traffic fee rccalculation shall be approved by the City Enginecr. 24. The pavement structural sections shown on the street cross sections of the PUD plan are minimums and may need to be increased dependent upon traffic indices of the streets and R-values of the underlying native soils. 25. On street parking will not be allowed on the inside of any curves having a centerline radius less than 500 feet unless specifically approved by the City Engineer. 26. Maximum cul-de-sac lengths shall not exceed City Standards. Deoartment of Conservation's Division of Oil, Gas, and Geothermal Resources Condition: 27. The applicant shall obtain a letter from the Division of Oil, Gas and Geothermal Resources Division (Bakersfield Office) that the abandoned exploratory well that is on the site has been tested and any remedial action required by the Division has been completed. This letter must be provided to the Building Inspection Department prior to the issuance of any building permit issued for the project site. Aoolicant's Conditions: 28. At a minimum, a chain link fence shall be constructed between the proposed PUD property and the adjacent Cross Valley (open) canal along the south side of the property. The fence shall be a minimum of six feet tall on the PUD property side. At a minimum, a six foot high chain link fence shall be constructed between the proposed PUD property (Changes to the Planning Commission recommendation are in bold italics) Exhibit "A" Zone Change No. 5666 Page 6 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. and the Rio Bravo Canal/Goose Lake Slough. Construction of the chain link fences shall occur during the phase of development in which they are located. A 6-foot high wrought iron fence shall bc constructed along Calloway Drive on the PUD property side, and shall have a minimum nine foot setback from the road right-of-way. Construction of the wrought iron fence shall occur during the first phase of development on the project site. The wrought iron fence shall be constructed on a berm per the PUD development plan. As shown on the PUD site plan, a landscaped setback shall be constructed with the first phase development on the PUD property side of the wrought iron fence along Calloway Drive. The landscaped setback shall be part of the berm per the PUD development plan. Any drainage basins for the project site shall be constructed in accordance with the City Public Works Department. These drainage basins/lakes, which may be used for the golf course, shall be constructed at the time Public Works requires them. Drainage basins more than 18 inches deep typically are secure, the Public Works Department shall approve any security for the lakes/basins. Roof mounted mechanical equipment on the golf course clubhouse and maintenance building(s) shall be mounted on the rear half of the building(s). Any exterior lighting on the golf course clubhouse and maintenance building(s) shall be designed to avoid direct illumination to the adjacent properties subject to approval of Planning Director. All the streets within the PUD development are to be privately owned and maintained by a homeowners association. The drainage system for the PUD development is to be privately owned and maintained. All streets (!nc!'.:~!ng excluding the cluster area) in the PUD development shall be at least 32 feet back-of-curb to back-of-curb. This will allow for parking on one side while providing 24 feet clear area left for vehicular and bicycle traffic. The minimum street centerline radius shall be 300 feet for all private streets or less as approved by the City Engineer. The return radii shall be 20 feet at property line and 20 feet at the curb line, for all private streets or less as approved by the City Engineer. The cul-de-sac radii shall be 50 feet at property line and 42 feet at the curb line, for all private streets or less as approved by the City Engineer. (Changes to the Planning Commission recommendation are in boM italics) Exhibit "A" Zone Change No. 5666 Page 7 40. The knuckle radii shall be 90 feet at property line and 82 feet at the curb line, for all private streets or less as approved by the City Engineer. 41. The developer shall install -I-3 35 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, 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. 42. The developer shall install gg 80 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 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. 44. The developer shall install 40 off street guest parking spaces for the driving range, specific locations are shown on the site plan. These spaces shall be paved, striped and signs posted identifying the driving range parking spaces in accordance ~vith 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. All streets within the cluster area shall be at least 28 feet back-of-curb to back-of-curb, with no parking. 44. Any water well site located within the PUD development shall be dedicated to the City prior to the first phase of the PUD development or as acceptable to the City Water Department. The existing water well site may need to be relocated per the City Water Department. 45. The eight foot wide pedestrian/golf path located within the golf course shall be paved with concrete. The location shall be consistent with the PUD development. The pedestrian/golf path shall be constructed when the golf course is constructed. 46. The developers shall give the adjacent canal property owners two weeks notice prior to commencing with the construction of the new chain link fences and bridges. Evidence of such coordination must accompany request for the first construction permit within that particular phase of development. 47. The developer shall install 175 185 parking spaces and 6 8 handicapped parking spaces located at the golf course clubhouse. These spaces shall be paved and striped in accordance with the City Public Works Department. The parking stall dimensions shall be in accordance with the City Municipal Code. All drive aisles shall be 25 feet minimum. (Changes to the Planning Commission recommendation are in bold italics) Exhibit "A" Zone Change No. 5666 Page 8 48. The developer shall construct the 11,344 sq. ft. golf course clubhouse during the first phase of development. The clubhouse shall include a pro-shop, a snack bar and bar with kitchen, a multi-purpose room, a hobby/crafts room, a workout facility, a billiard room, a computer room, and a residential sales office as shown on the floor plan submitted with the PUD development. There shall also be a swimming pool and spa, a separate children's pool and two tennis courts. Minor alterations in square footage (20% change in square footage) may be permitted at the discretion of the Planning Director. The 18-hole golf course shall be completed within the first phase of development and prior to commencement of the second phase. 49. The developer shall construct the cart barn and the golf course maintenance building during the second phase of development, specific location is shown on the PUD site plan. There shall be a 1,500 sq. fl. cart barn constructed near the 3,000 sq. ft. golf course maintenance building. The developer shall provide ten parking spaces and two handicapped parking spaces for the cart barn and maintenance building. These spaces shall be paved, striped in accordance with the City Public Works Department. The parking stall dimensions shall meet the city standards. All drive aisles shall be 25 feet minimum. 50. All signs within the PUD development are to be privately owned and maintained by a homeowners association. The signs shall conform substantially with the approved PUD development sign plan. All signs on the PUD development shall conform to the R-1 zoning regulations unless othenvise depicted on the approved PUD sign plan. The directional sign located within the Kern River Freeway alignment right-of-way, near Calloway Drive, shall be removed by the developcr, when the driving range is removed. All signage, including the directional signs, shall be located on the PUD property. 51. The developer shall install a 6-foot high masonry block wall at the perimeter of the RV/guest parking areas, per the PUD site plan. Installation to occur during the phase of development where they are located. 52. The developer shall construct the Rio Bravo Canal bridge over the Rio Bravo Canal/Goose Lake Slough w~t~ prior to the second phase of dcvelopment. No permit shall be issued for occupancy in the second phase of development until the bridge is complete. 53. The applicant offers to dedicate the 20-foot wide equestrian easement from Allen Road (at the Rio Bravo Spreading Grounds) southerly to Stockdale Hwy. and along Stockdale Hwy. easterly to the Cross Valley Canal subject to the approval of the Planning Director prior to the issuance of a building permit for this project. Further, that Castle and Cooke will dedicate the one acre site prior to the issuance of a building permit for the site. Castle and Cooke shall improve it as a "staging" area and picnic area for equestrian/pedestrian uses (not to exceed (Changes to the Planning Commission recommendation are in bold italics) Exhibit "A" Zone Change No. 5666 Page 9 can nnnx subject to the approval of the Planning Director within three years from commencement of the project. lf the policy for park development credit i~ adopted for trails by the city of Bakers£veld, the city recommends that North Baker~eld Recreation and Park District give the applicant park credit for staging area improvements, which are provided in excess of $$0,000. The one acre site is located north of the intersection of Stockdale Hwy. and the Cross Valley Canal, as shown on the PUD development plan. Planning Denartment Conditions: 54. The following notice shall be given by the applicant to subsequent property owners as part of property transfers: "The driving range for the development is located within the right-of-way of the City adopted alignment for the Kern River Freeway. Therefore, the driving range may, in the future. be eliminated when the freeway is constructed." 55. The subject site shall be developed substantially as shown on the PUD site plan with modifications per the site plan review committee conditions, Conditions of approval and mitigation measures. 56. The setback area between the private lots and Calloway Drive shall be landscaped. 57. All security lights shall meet the R-I 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. 58. All lighting for parking areas shall mcct the Municipal Code. The developer shall direct the lights to reflect away from the adjacent properties and streets. All lighting fixtures shall be located between 15 feet and 40 feet above grade. Lighting for the golf course may be bollard lighting on poles less than 14 feet high. 59. 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. 0. Two-way drive aisles (outside of the "cluster areas") shall have a minimum width of 32 feet. 61. 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. 62. Any masonry wall or fence heights in the perimeter of the guest, RV and golf clubhouse (Changes to the Planning Commission recommendation are in boM italics) Exhibit "A" Zone Change No. 5666 Page 10 and driving range parking areas. shall mcct the R-1 zoning regulations. 63. The developer shall complete construction of the entire golf course and clubhouse with Phase one of the development. 64. The developer shall provide a barrier to adequately secure golf balls within the Driving Range area. The barrier shall be constructed with the driving range and located along the perimeter of the driving range. 65. The developmeni shall be a gated community but shall be accessible to the public utilizing the golf course and public areas of the clubhouse during golf course operation hours. The gates/guard booths shall be located as shown on the PUD plans. 66. The applicant to record CC&R's on all property within the PUD area to restrict the age of residents to 55 years of age and older as permitted by State Law and Federal Law. 67. The following note on the PUD plan shall be deleted: Future subdivision for the project site will be by optional design. 68. Landscaping of the PUD shall be substantially in conformance with the approved PUD plan. Fire Deoartment Conditions: 69. The ~:.,~ three Secondary Access roadways shown on the PUD site plan for fire access across the golf course near holes 15 and 17, and from Calloway Drive (near hole 13) to the second intersection with the main road west of Calloway Drive, shall be constructed prior to construction of the PUD development. The Secondary Access roadway leading from Calloway Drive to the driving range to the clubhouse for fire access, shall be constructed prior to construction of the PUD development. The road pavement shall be approved by the City Public Works Department and installed at the developers expense. 70. The Secondary Access Roadways (including the all-weather access roadways) shall be a minimum of 20 feet wide and constructed of an all-weather surface capable of supporting fire fighting equipment. These access roads will be provided prior to construction of any phase of the PUD development. The secondary access will not be removed or abandoned without approval of the Fire Department even if a phase of construction has been completed. 71. Spacing between fire-lane signs to meet City standards. These signs shall also be within the clustered areas per the PUD site plan. (Chang*s to the Planning Commission recommendation are in bold italics) Exhibit "A" Zone Change No. 5666 Page 11 72. All service streets within the PUD development will be a minimum of 32 feet wide with parking allowed on only one side. All service streets within the cluster area shall be a minimum 28feet wide with no parking allowed. 73. The developer shall construct the Rio Bravo Canal bridge (two-way traffic) over the Rio Bravo Canal/Goose Lake Slough with the second phase of development. No permit shall be issued for occupancy in the second phase of development until the bridge is complete. Solid Waste: 74. Cluster CommuniW Centralized refuse containment areas of sufficient sizc to accommodate front loading style refuse bins, to be used by local area residents. Containment areas should be strategically located throughout complex. Typical front loading refuse bin size: Width 6'8" x Depth 4' x Height 4'6" = 3 cubic yard Location and size of refuse containment areas to be approved by the Solid Waste Division. 75. Remaining Community Street size and setup may pose a problem for refuse collection with parking on one side of street and a fire lane on the opposing side of street. Cul-de-sacs will need to be kept free of parked cars on pickup days. A method to ensure cul-de-sacs are free of parked vehicles shall be approved by the Solid Waste Division. 76. Requirements Parking not allowed on cul-de-sacs and parking not recommended on streets during refuse collection days. (i.e. - two days per week collection (days to be coordinated by Solid Waste Division.)) Centralized refuse containment areas strategically placed throughout community. Containment areas to be of sufficient size to accommodate front loading style refuse bins. Recommend that the applicant meet with the Solid Waste Division staff to revie~v site plan. ~. b. If individual refuse containers are to be used for single residential homes - an (Changes to the Planning Commission recommendation are in bold italics) Exhibit "A" Zone Change No. 5666 Page 12 area to store containers out of view must be provided (3' x 6'), or access to rear yard provided with a minimum width of 36". Site Plan Review Conditions "A" CONDITIONS - REQUIRING PLAN CORRECTIONS: These changes must be reflected on the plans required by the Building Department for plan check. The Building Department will not begin plan check until all ",4" conditions are correctly indicated on the plans submitted for plan check. 77. Please see Fire Department for final details on fire lanes. (Fire) 77. Street return type approach(es), if used, shall have minimum 20' radius returns with a 58' throat width. (Traffic Engineering) "B" CONDITIONS - REQUIRING COMPLETION PRIOR TO BUILDING PLAN CHECK: These conditions must be satisficd before the Building Department will begin checking plans submitted for plan check. 78. In order to provide adequate fire protection during construction, the applicant shall install ten fire hydrant(s) as shown on the attached plans or provide alternative fir~ suppression as approved by the Fire Department prior to final site plan approval. (Fire) 79. Please see Fire Department for hydrant placement. (Fire) 78. The applicant shall contact the Fire Safety Control Division, 1715 Chester ,4venue, Suite 300, (Fire Prevention Bureau)for fire and safety requirements and provide one (1) set of building plans showing the required plan corrections to Fire Safety Control (Fire Marshal, (805) 326- 3951) prior to the final site plan being approved. (Fire) 79. The applicant shall submit one set of final plans to Fire Department for emergency access and hydrant locations. (Fire) 80. The applicant shall provide tbur copies of the grading plans and two copies of the preliminary soils report to the Building Department. (Building) 81. The Sanitation Division shall be contacted to determine alternatives to allow the safe collection of refuse and/or recyclables. (Sanitation) 82. Each residential unit shouM provide for off-street storage of refuse containers. (Sanitation) "C" - ADVISORY CONDITIONS: Thcse are informational notes that might be helpful to you and concerns matters that can be addressed after building plan check approval. The time (Changes to the Planning Commission recommendation are in bold italics) Exhibit "A" Zone Change No. 5666 Page 13 requirements are stipulated in the condition. 83. This review does not include approval of any signs for the project. A separate permit is required for all new signs, including construction signs, from the Building Department. (Building) 84. Structures exceeding 10,000 square feet in area shall be constructed with an automatic fire sprinkler system. (Building) The applicant shall provide fire resistive wall construction details for exterior walls of buildings that are at or near the property line. (Building) 85. Indicate on the final plan compliance with all handicap requirements pursuant to State Building Code. (Building) 86. A final soils report shall be submitted to the Building Department prior to issuance of any building permits. (Building) 87. The applicant shall provide dwelling unit identification (i.e., address) signs/plans for approval by the Building Department. (Building) 88. School District fees will be assessed at the time of issuance of a buildin~ permit. (Building) 89. The applicant shall obtain necessary approvals from the Kern County Environmental Health Services Department located at 2700 "M" Street for any public pool or related facilities prior to issuance of a building permit. Handicapped access to any public pool and related facilities shall conform to the State Building Code. (Building) 0. Individual hom~s must have accommodation for storage of refuse cans or automated cart, so that, containers are not visible on non collection days. (Sanitation) 91. The applicant shall obtain necessary approvals from the Kern County Environmental Health Services Department located at 2700 "M" Street for any food handling facility, (such as a market or a restaurant) prior to issuance of a building permit. (Building) Me p:5666.¢a (Changes to the Planning Commission recommendation are in bold italics) A'ZOA rrl ITl CITY OF BAKERSFIELD ZONING MAP 101-36 LEGEND PUD I'll CI'[Y OF BAKERSFIELD ZONING MAP 102 51 FP-S / FPP GENERAL NOTES: ENGINEER DJ~TAIL DETAIL CALLOWAY DRIV[ JUST NORIH OF ENTRy STREET DETAIL X U.I D£TAIL // I PROJECT MONUMEI~ I ENTRY MO'NUMI]I~r S~GNAO ~ LEGEND~ · DIRECI~ONAL SIGN ·PRO. IEC~ MONUMENT ~ ~Y MO~ DIRECTIONAL SIGN GROVES ~.--' · COMMUNrI~ MO~ CLUSTER PLAN I (PRODUCT 5,200 SQ. FT. LOTS UJ PLAN 2 (PRODUCT 2) 6,200 SQ. F'E LOTS PLAN 3 (PRODUCT I) CASTLE & COOKE I FAIRWAYS I CLUSTER PLAN t12 PLAN 2 1189 SO.FT. CASTLE & COOKE I (PR PLAN 3 1284 SO.FT. CLUSTER PLAN 113 LAUND O D U C T 3) CLUSTER PLAN #I CASTLE & COOKE I F A I PLAN 1 1088 SO.FT. R W A Y S R O D U C T 3) 6,200 $0~. FE. LO~$ "r' X 1,1.1 CASTLE & COOKE DEVELOPMENT CORPORATION PLAN 1 1843 SO.FT. FAIRWAYS ,,- (P R O D U C T 1) 6,200 SQ. FT.. LOTS CASTLE & COOKE 1 PLAN 2 2099 SQ.FT. F A I R W (P a 0 D U C A Y S T 1 ) I 6,200 SO.. FI1. LOIS PLAN 3 2323 SO.FT. GARAGE c.~ & cooK~ m F A I W A Y S · ~)~v~tow~wmco~vo~'no~ (P R 0 D U C T 1 ) ...... ~200S~FT..LOTS ~ CASTLE & COOKE 1 PLAN 1 1251 SO.FT. Y S m F A I R W A (PRODUCT 2) CASTLE & COOKE $,200 SQ. F~. LOTS F PLAN 2 1430 SO.FT. A I R W A (PRODUCT 2) Y $ i X CASTLE & COOKE F PLAN 3 1600 SQ.FT. Y S ' ~200S~FT. LOTS A I R W A (PRODUCT 2) 5,200 SQ. FT. LOTS DUEL MASTER OPTION CASTLE & COOKE DEVI~LOPMEbFf CORPORATION F A I R W A (PRODUCT 2) Y S - IAINTENA KERN RIVER FREEWAY GOLF COURSE :i U-ITITITFflTIHIU,,IIIII,IIIIIU ~:]1u] l! PARKING REGULAR 185SPACES HANDICAP 8 SPACES 193 GOLF COURSE CLUBHOUSE/MAINT. AREA SITE PLAN THE FAIRWAYS- ADULT RESORT ITl J I I ~,~'~' ~llllllfl ~!~I~y~u~j~ ;' ~Lllllll~''" :: ~i; ~' 'L % '~; ll~ ...... ~',lfllll I~ L - MAINTENANCE AND CART BARN THE FAIRWAYS- ADULT RESORT, C.(3MMIINITy AT TI-IF, GRF)VF,,q !:.'~:- '-.-..- v .,,- ', --.--,.- , --- '~-- ........... - - v ..... ,Sr.P "ii h,,., Castle & Cooke Homes, Inc. CLUB HOUSE ELEVATION THE FAIRWAYS - ADULT RESORT COMMUNITY AT THE GROVES Castle & Cooke Homes, Inc. ITl CLUBHOUSE FLOOR PLAN THE FAIRWAYS - ,ADULT RESORT~. COMMIINITY AT THE GROVES Castle & Cooke Ho s EXHIBIT "E" Zone Change No. 5666 REVISIONS TO THE INITIAL STUDY AND ENVIRONMENTAL ASSESSMENT AND THE MITIGATION MEASURES I. ENVIRONMENTAL IMPACTS The following Section in Transportation (Kern River Freeway) should be amended with the underlined added and the strikeout deleted. This prope. rty 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 project site includes an adopted specific plan line, the only consistent action is to require reservation of all that freeway alignment within the boundaries of the project site. EXHIBIT "A" - Recommended Mitigation Measures The following should be amended with the underlined added and the stt~keout deleted. Air Quality Mitigation Construct bug zhcltcr along Calloway Drive on gitc prior to completion of Pha~ The applicant/developer shall reserve a passenger waiting area along Calloway Drive for a future bus stop location for the project site. The passenger waiting area size shall be 15 feet by ten feet minimum with the specific location and geometric configuration of the site approved by the Golden Empire Transit 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 City of Bakersfield Traffic Engineer. The Golden Empire Transit District will be responsible for the construction of the bus stop. Biological Mitigation Standardized Protective Measures 12. Within 14 day~ prior to initiation of field work or ag diroctcd by thc California Department of Fish and Game (CDFG) or United State Fish and Wildlife Service · Castle and Cooke Homes. Inc. (CCHI) shall hire a qualified biologist acceptable to both CDFG and USFWS to conduct prcactivity zurvcy~ to rc inventory lands that will bc zubjcct to modification for the occurrence of known kit fox dens, kit Exhibit "E" Zone Change 5666 Page 2 13. fox pupping dens, active burrowing owl burro~vg. and occurrence of Swainson's hawk individuals and nestz. The inventory shall be oonduetod by a qualified biologiat with prior southern San Joaquin Valley inventor), cxpcrience. This is necer~ary to implement protection measures dec, cribed below and to comply with the Metropolitan Bakersfield Habitat Con~n, ation Plan (MBIICP). If Swainson'$ hawks are found to utilize the project site for nesting or foraging, a mitigation.program approved by CDFG should b* implemented. Such a p:5666ee.mit EXHIBIT "F' Zone Chan~e No. 5666 Legal Description paxca: of iana locates m Seenon 36. T 29 S. R 26 E an~ Sec~ion 3i. T 29 $, R 2TE, ~VLBM. m ~e Ci~ of Baker~eid. l-:~:n County,, State of C~liforma aria more pamcuiady described aa follows: Commencing at a point which is N 0° 22' 41' E, 96.33 feet from the East q~ comer of said Seemon 36; Thence along the centerline of the future Kern River Freeway S 89* 08' 02' E, 3563.94~feet point on the cemeriine totersection of the future Calloway Drive and the he~nning of a nontangent curve concave to the v:,,x whose rani~t beam S 81' 49' 56" E, 2700.00 fe~ m the centerpoint; Thence Soum along said curve aa arc length of 350.87 feet and through a centtat an~te of 7' 26' 45" tO a point on a tangent line; Thence along said tangent, which is the centerline of the future Calloway Drive, $ 0° ~3' 19' W, 913.35 feet to the beginning of a curve concave to the ~ whose radius is 4000.00 feet; Thence along said curve, which is the centerline of the future Calloway Drive, an am length of 11S.20 feet and through a central angle of 1° 41' 35" to a point on the North fight of way of the Cross Valley Canal: 5. Thence along stoa right of way S 80° 20' 35" W, 2039.92 feet to me beginning of a curve concave to the South whose raaius 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 angie of t0° 55' 13" to a pomt on a tangent line; 7. Thence continuing along said hght of way S 69° 25' 2? W, 80~.84 feet to a point: 8. Thence continuing along said right of way N 20' 34' 38" W, 5.00 f~t to a point; 9. Thence continuing along said fight of way S 69° 25' 22" W, 427.36 feet to the beginrung of a curve coneave to the South East whose radius is 1070.00 fe~t; 10. 2-hence along said curve, which is the said right of way of the canal. an arc length of !]~.!Z feet ~a throu_=n a central angle of 7° 22' 50" to a ooint on a tangent ~f-Mc #683l. 18 Page 1 EXHIBIT "F" Zone Chanee No. 5666 Legal Description ~i. Thence along said tangent S 62° 0I' _'32" W, 56.14 feet to a point on the intm'~ection with the F.~st line of Section 36: 12. The'nee 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 mid right of way S 62' 01' 38" W, 105.00 feet to a point; ~5. Thence connnumg along said ngnt of wav N 27° 58' 22" W. 83.50 feet to the beg~.nn/n~ of a curve whose radius is 235.00 feet; 16. Thane= along said curve and ~xid canal right of way an arc length of 254.39 fee~ and through a central angle of 62' 01' 27" to a point on a tangent line; 17. Thenee continuing along said canal right of way N 89° 59' 49" W, 386.36 feet to a point; 18. Thenee N 00° /30' I1" E. 25.00 feet to the beginning of a nontangent curve concave to the North whose radial bears N 00° 00' !i" E. i45.00 feet to the cantorpoint: 19. Thence along said curve and aaid canal fight of way an are length of 78.46 feet and through a central angie of 31° 00' I0" to a point on a tangent line; 20. Thence along said tangent and said canal fight of way N 58° 59' 39" W, 151.43 feet to the beginning of a curve concave to the North .East and whose radiua i~ 397.00 feet: 21. Thenee along said curve an arc length of 209.97 feet and through a central angl~ of 30° 15' 14" to a point on a nontangent line: Thence continuing along said canal ngnt of way S 6i ° 18' 35" W. i7.34 feet to a point: 23. Thenee along stud Rio Bravo Canal right of way N 28° ~t8' 02" W, I376.30 feet :o a point: ~4-Mc #6851.2 8 Rage 2 EXHIBIT "F" Zone Change No. 5666 Legal Description 24. T'ncnce mong stud Rio Bravo Cana~ right of way N 43° .01' 20" W, 798.03 feet to a point: 25. Thenc~ along said Rio Bravo CaaaI right of way N 75° a~l' 20" W, 622.81 feet to the point of intersection with the centerline of the ~uture Kern River Freeway; 26. Thence along said cemeriine S 89° 08' 02" E, 2966.35 to the point of be_running. Said Paxeel conmina 224.91 acres more or less. by: .~vlaz~n-_~lcZ~tosti 2001 Wheelan Court Ba~d. CA 93309 (80.h')834-~814 (805)834-0977 FAX M-Mc #6831.18 Pag~ 3 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. 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 February, 1996 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3703, passed by the Bakersfield City Council at a meeting held on the 7th day of February, 1996, 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 ACRES GENERALLY LOCATED WEST OF CALLOWAY DRIVE, EAST OF THE GOOSE LAKE SLOUGH/RIO BRAVO CANAL GENERALLY BETWEEN THE SPECIFIC PLAN LINE FOR THE KERN RIVER FREEWAY AND THE CROSS VALLEY CANAL FROM PUD (PLANNED UNIT DEVELOPMENT) TO PUD (PLANNED UNIT DEVELOPMENT) By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield