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HomeMy WebLinkAboutRES NO 018-17RESOLUTION NO. 01 8 — 17 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED AT THE NORTHEAST CORNER OF OLD FARM ROAD AND NOREIGA ROAD (GPA /ZC NO. 16- 0264). WHEREAS, McIntosh & Associates, for Kern Land Partners, LLC, filed an application with the City of Bakersfield Community Development Department requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from GC (General Commercial) to LMR (Low Medium Density Residential) on 4.81 acres located at the northeast corner of Old Farm Road and Noriega Road (the "Project "); and WHEREAS, the City Council adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the Planning Commission held a public hearing on Thursday, December 1, 2016, and approved Resolution No. 61 -16 which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, January 25, 2017 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, Negative Declaration and the Planning Commission's deliberation, and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 60 -16 are hereby adopted. 3. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 4. The Project is hereby approved subject to the conditions of approval in Exhibit A and located on the map as shown in Exhibit B, both of which are incorporated herein. 5. The Project approved herein is hereby made part of the 10 amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2017 in accordance with Government Code Section 65358 (b). � m Page 1 of 2 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on JAN 7 5 2017 by the following vote: AYE' COUNCILMEMBER: RIVERA, GONZAES, WEIR, SMITH, SULLIVAN, PARLIER NOES: COUNCILMEMBER' UO�Y�S2n., ABSTAIN: COUNCILMEMBER: el ABSENT: COUNCILMEMBER: f� \IMO � I PAMELA McCARTHY, MMC Interim City Clerk APPROVED JAN 7 5 2017 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Att ey By: ANDREW HEGL Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map BY: "DL" SAGPA\GPA IIf 2017 \16 -0264 PUD \Res Ord \CC Reso GPA 16-0264.docx o``epKF9N Page 2 of 2 ' U p nRIGINAL Exhibit A Conditions of Approval General Plan Amendment No. 16 -0264 Public Works: Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur (H a tentative subdivision map over the entire GPA /ZC area is submitted, than these conditions can be met with the map): a. Provide fully executed dedication for Old Farm Road and Noriego Road collector for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Old Farm Road and Noriega Road and as such require additional dedication for an equestrian trail on Noriega Road and a bike path on Old Farm Road. b. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than one sump may be utilized to serve this area; this sump should be located so that they may be available to serve adjacent areas as they develop or expand on an existing sump. The study shall be approved and any required retention site and necessary easements dedicated to the City. c. Sewer service must be provided to the GPA /ZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. d. The project applicant shall provide the City of Bakersfield with any phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. e. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA /ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructures will be addressed at the subdivision map stage. For orderly development 2. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including the Proposition 218 ballot and the Covenant. The ballot and covenant shall be signed and notarized. For orderly development 3. Per Resolution 035 -13, the area within the GPA /ZC shall implement and comply with the "complete streets" policy. For orderly development o�ePK, 9q � m o Pnnp 1 of 3 ORIGINAL Conditions of Approval GPA No. 16 -0264 Page 2 4. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development 5. With development or division, install traffic signal interconnect conduit, conductor and Pull boxes along Old Farm Road and Noriego Road. For orderly development (Traffic Comments: A traffic analysis letter dated July 18, 2016 prepared by McIntosh & Associates was reviewed and found to be acceptable. The proposed project /land use change would allow for the development of a maximum of 176 condominium units which would generate 96 PM peak hour trips. The existing approved land use would allow for the development of a maximum 94 single family dwelling units and 52,381gross leasable floor area of general commercial which would generate 410 PM peak hour trips. The analysis shows the change inland use will result in a decrease in potential trip generation of 314 PM peak hour trips. This decrease is less than the 50 peak hour trips increase that would require the need for an additional independent traffic study per Section 6.2.1 of the City's Subdivision and Engineering Design Manual.) Plannina: 6. Development on the site shall be limited to a maximum of 176 dwelling units. For orderly development 7. Upon approval of GPA No. 16 -0264, either all entitlements related to Vesting Tentative Tract Map 7268 shall immediately become void, or the developer shall obtain approval of a revised tentative tract map on the GPA site. A final map for the original Tract 7268 may not record. Prior to development of the site with any permitted or conditionally permitted use, a new tentative subdivision map may be required under BMC Title 16, Subdivisions. For orderly development 8. Prior to the issuance of the first building permit within the area of GPA /ZC 16 -0264, the applicant shall submit documentation to the Planning Director that the project site has been provided a non - conditional "Water Will Serve" letter from the applicable water purveyor stating the purveyor will provide water service to the project site. For orderly development. Recreation and Parks - NOR, Prior to recordation of a final map, the subdivider shall pay an in -lieu fee based on a park land dedication requirement of 2.5 acres per 1000 population in accordance with Chapter 15.80 of the Bakersfield Municipal Code. If the number of dwelling units increases or decreases upon recordation of a final map(s), the park land requirement will change accordingly. Refer to BMC Chapter 15.80 and the Planning Information Sheet regarding calculation and payment of in -lieu fee. This subdivision is located within the boundaries of the North of the River Recreation and Park District. In accordance with Government Code Section 66020(d), you are hereby notified that the 90 -day period in which you may pr""R p the imposition of this fee has begun. N m v 0 ORIGINAL Conditions of Approval GPA No. 16 -0264 Page 3 (BMC Chapter 15.80 requires the Planning Commission to determine if o subdivider is to dedicate park land, pay an in -lieu fee, reserve park land or a combination of these in order to satisfy the City's park land ordinance for North of the River Recreation and Park District. Staff is recommending this condition in accordance with BMC Chapter 15.80.) North of the River Recreation and Park District requested condition for orderly development. 10. Prior to recordation of a final map, the subdivider shall provide the Planning Department written proof /verification from North of the River Recreation and Park District that said project is within the NOR Park Maintenance District. North of the River Recreation and Park District requested condition for orderly development. 11. All residential development within the North of the River Recreation and Park District jurisdiction shall pay a development fee to help provide park facilities within the District area in accordance with Chapter 15.82 to Title 15 of the Bakersfield Municipal Code. Fees are paid directly to the City of Bakersfield and set up as a separate trust account for North of the River Recreation and Park District Park Development. All fees shall be paid at the time of building permit issuance, not later than the earliest date of the certificate of occupancy or the final inspection. Fees required shall be the applicable amount in effect at the time a building permit is obtained. (BMC Chapter 15.82 requires the City to collect a park development, improvement and enhancement fee for each new dwelling unit within City boundaries, except for those dwelling units exempted under Section 15.82.070 in order to satisfy the City's fee for park development and improvement ordinance for North of the River Recreation and Park District. Staff is recommending this condition in accordance with BMC Chapter 15.82). North of the River Recreation and Park District requested condition for orderly development. City Attorney: 12. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and /or property owner and /or subdivider ( "Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ( "City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use �aF law firm or attorney chosen by another entity or party. e 9s 0 m S: \GPAS \GPA 3rd 2016 \16-0039 \Conditions 16-0039.docx � v 0 nBIGA''AL R g! � ) t b= a J E a: ) \ \G9e\R§Gj[\j /]2 Ra§§§dA9§eRy3R.EED uagaJRPRRR9dj8ga9§ /§2§! �! c£,pSaa ®z\aQ��aGg25 ©g', ! ./ _ \ ~ft ) \_. _ I . G; - , B9 . ` NO.D ` __\ §_� � _~ / �§ ^mil § . ORDINANCE NO. AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE NORTHEAST CORNER OF OLD FARM ROAD AND NORIEGA ROAD (GPA /ZC NO. 16- 0264). WHEREAS, McIntosh & Associates, for Kern Land Partners, LLC, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from C -1 (Neighborhood Commercial) and R -1 (One Family Dwelling) to PUD (Planned Unit Development) on 17.78 acres located at the northeast corner of Old Farm Road and Noriega Road (the "Project "); and WHEREAS, the Planning Commission held a public hearing on Thursday, December 1, 2016, and approved Resolution No. 62 -16, which recommended that the City Council approve the Project; and WHEREAS, the City Council has adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, Negative Declaration and the Planning Commission's deliberation, and action; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 62 -16 are hereby adopted. 3. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 4. The Project is hereby approved incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 located on the map as shown in Exhibit B and as specifically described in Exhibit C, all of which are incorporated herein. �gAKF9 r Page 1 Of 3 � m U O ORIGINAL 5. The proposed PCD zone includes a preliminary development plan (PD Review File No. 16- 0265), as delineated in attached Exhibit B (Location Map), Exhibit D (Preliminary Development Plan /Landscape Plan) and Exhibit E (Building Elevations), is hereby approved, subject to the conditions of approval /mitigation measures in Exhibit A. SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. ------ 000---- - -- �gAKE9 Page 2 of 3 sT F m � o ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on , by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED COUNCILMEMBER: RIVERA, GONZALES. WEIR, SMITH, TKAC, SULLIVAN, PARUER COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney us ANDREW HEGLUND Deputy City Attorney PAMELA McCARTHY, MMC Interim City Clerk Exhibits: Exhibit A: Conditions of Approval Exhibit B: Location Map Exhibit C: Legal Description Exhibit D: Preliminary Development Plan /Landscape Plan Exhibit E: Building Elevations By:'DC' \S: \GPAS \GPA Isf 2017\16-0264 PUD \Res Ord \CC ZC Ord 16 -0264.docx �gAKf9 Page 3 of 3 o vT � m U O ORIGINAL EXHIBIT A Conditions of Approval PUD Zone Change No. 16 -0264 (PD Review File No. 16 -0265) CITY ATTORNEY In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and /or property owner and /or subdivider ( "Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ( "City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. COMMUNITY DEVELOPMENT - BUILDING (Staff contact - Oscar Fuentes 661- 326 -3676 or Ofuentes0bakersBeldcity.us) 2. Prior to review of improvement plans by the City, the developer shall submit a grading plan for the proposed site to be reviewed and approved by the City Engineer and Building Official (Bakersfield Municipal Code Section 16.44.010). With the grading plan, 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. 99- 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. 3. A grading permit is required prior to final plan approval. The developer shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. A final soils report shall also be submitted to the Building Division before they can issue a building permit. Please note that grading plans must be consistent with the final building site plans and landscaping plans. Building permits will not be issued until the grading permit is approved by the Building Division, Planning Divisic�0KFq (HCP), and Public Works Department. s m U O ORIGINAL PDR# 16 -0265 Page 2 oj10 4. An approved site utilities plan is required prior to final plan approval. 5. Show on the final building plan how and where water will be drained from the property. 6. Show on the final building plan pedestrian access from the public way and handicap parking. Private streets are not the public way. 7. The developer shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that is within the distance as set forth in Table 602 of the California Building Code. 8. 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 California Building Code. 9. The developer shall obtain all required approvals from the Kern County Environmental Health Services Department (2700 "M" Street, Bakersfield, CA, 93301; PH 661 - 862 -8700) for any public pool or related facility before building permits can be issued. Disabled access to any public pool and related facility shall comply with Title 24 of the California Building Code. 10. Buildings or structures shall require installation of an automatic fire sprinkler system where required by current California Building Code and City ordinance. 11. Before the Building Division can allow occupancy of this apartment complex, they must inspect and approve the placement and colors of the address numbers identifying each unit and /or building, and on -site building /unit location maps so that emergency personnel can easily find a specific unit when responding to the site during an emergency. 12. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. 13. Final Building plans shall show pedestrian access pathways or easements for persons with disabilities from public rights -of -ways that connect to all accessible buildings, facilities, elements, and spaces in accordance with the California Building Code. These pedestrian access ways shall not be parallel to vehicular lanes unless separated by curbs or railings. 14. Prior to granting occupancy, the Building Division will verify that a water meter serving the development is in place. Therefore, it is recommended that the developer contact the applicable water purveyor to inquire about their process for obtaining water service for the development as soon as possible. To determine who the water purveyor for the development is, you may contact the City of Bakersfield Water Resources Department (1000 Buena Vista Road, Bakersfield, CA, phone: 661 -326- 3715). 15. Show on the final building plan electric vehicle charging spaces as required by t*KFq California Green Code. �T ORIGINAL PDRU 16 -0265 Page 3 of 10 COMMUNITY DEVELOPMENT - PLANNING (Staff contact - Hayward Cox 661 - 326 -3673 or HCox @bakersfieldcRy.us) 16. The minimum parking required for this project has been computed based on use and shall be as follows: Number Use Of Units 2 -BR's 88 units 3 -BR's 88 units Guest Parking 176 Spaces Parking Required Ratio Parking 2 spaces /unit 176 Spaces 2 spaces /unit 176 Spaces 10% of 1352) 35 Spaces Required Parking: 387 spaces (Note: 448 parking spaces are shown on the proposed site plan. By ordinance, compact and tandem spaces cannot be counted toward meeting minimum parking requirements.) 17. Minimum parking stall dimensions shall be 9 -feet wide by 18 -feet long. Vehicles may hang over landscape areas no more than 2 -1/2 feet provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles. 18. All parking lots, driveways, drive aisles, loading areas, and other vehicular access ways, shall be paved with concrete, asphaltic concrete (A. C.), or other paved street surfacing material in accordance with the Bakersfield Municipal Code (Sections 15.76.020 and 17.58.060.A.). 19. Lighting is required for all parking lots, except residential lots with four units or less (Section 17.58.060.A.). 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 properties and streets. Use of glare shields or baffles may be required for glare reduction or control of back light. No light poles, standards and fixtures, including bases or pedestals, shall exceed a height of 40 feet above grade. However, light standards placed less than 50 feet from residentially zoned or designated property, or from existing residential development, shall not exceed a height of 15 feet. 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. Please note that staff can require additional adjustments to installed lighting after occupancy to resolve glare or other lighting problems if they negatively affect adjacent properties. 20. Because parking and /or access is being shared with adjacent properties, the developer shall file with the Planning Division before any building permits are issued a copy of a recorded map, C. C. and R.'s, or other instrument that ensures that drive aisles, parking, and access is legally shared in common with adjoining properties as depicted on the site plan for the life of the project. o``eAkF T s m v 0 ORIGINAL PDRN 16 -0265 Page 4 of ]O 21. The developer shall include a copy of a final landscape plan with each set of the final building plans submitted to the Building 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 landscaping requirements in Chapter 17.61). (NOTE: At the time a final site Inspection is conducted, It is expected that plants will match the species Identified and be Installed in the locations consistent with the approved landscape plan. 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.) 22. Overlooks from windows, balconies, and decks of the 2nd or higher floor into rear yards of property containing single - family homes must be screened (see Section 17.08.090). This condition affects any office, commercial, and industrial building, and any apartment or condominium structure containing three or more units that are within 150 feet of properties zoned R -1, R -S -IA, MH, or PUD, or from condominium projects of a single family character. Screening proposals must be approved by the Planning Division before building permits will be issued. Suggested methods for accomplishing screening are included in the attached ordinance section. 23. A solid masonry wall shall be constructed adjacent to residentially zoned and /or designated property as indicated by staff on the returned site plan. This wall must be shown on the final building plans and shall be constructed a minimum height of 7 feet as measured from the highest adjacent finished property grade. If the parking lot, including drive aisles, delivery areas, loading and unloading areas are within 10 feet of residentially zoned property, a 7 -foot wide landscape strip that includes landscaping consistent with Chapter 17.61 shall be installed between the wall and parking /drive areas (as noted on the returned plan). 24. Provide a site plan showing all dwelling unit designations (by unit number or letter) for each building within the complex. 25. Business identification signs are neither considered nor approved under this review. A separate sign permit reviewed by the Planning and Building Divisions and issued by 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 of the Bakersfield Municipal Code.) 26. 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 $2,145 per gross acres, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance occurrss.�pKF9 s m U O ORIGINAL PDRk /6-0265 Page 5 of l0 Forms and instructions are available at the Planning Division or on the city's web site at www.bakersfieldcitv.us (go to Community Development Department). The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year 2019. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2019 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit before the 2019 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre - payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2019 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife. 27. Burrowina Owl Notification: The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703 -711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10 including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Fish and Game Code prohibit the taking, possession or destruction of birds their nests or eggs. To avoid violation of the provisions of these laws generally requires that project related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1- August 15, annually). Disturbance that causes nest abandonment and /or loss of reproductive effort e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and /or imprisonment. 28. A Park Development and Improvement Fee shall be paid at the time of the building permit being issued. We will base the fee at the rate in effect at the time the permit is issued. The current fee is $1,870 for each independent residential unit. 29. 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: Fences faller than 6 feet are allowed in commercial and industrial zones but they will require a building permit). 30. Areas used for outside storage shall be treated with a permanent dust binder or other permanent dust control measure consistent with the regulations of the San Joaquin Valley Air Pollution Control District. (Note: All passenger vehicle - parking areas must be paved.) 31. Refuse collection bin enclosures and container areas are subject to all required structural setback from street frontages, and shall not reduce any parking, loading or landscaping areas as required by the Zoning Ordinance. 32. In the event a previously undocumented oil /gas well is uncovered or discovered RrWep the project, the developer is responsible to contact the Department %f ORIGINAL sm U O ORIGINAL PDRN 16 -0265 Page 6 of /0 Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR). The developer is responsible for any remedial operations on the well required by DOGGR. The developer shall also be subject to provisions of BMC Section 15.66.080.8. 33. The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control District (Regulation VIII) concerning dust suppression during construction of the project. Methods include, but are not limited to; use of water or chemical stabilizer /suppressants to control dust emission from disturbed area, stock piles, and access ways; covering or wetting materials that are transported off -site; limit construction - related speed to 15 mph on all unpaved areas /washing of construction vehicles before they enter public streets to minimize carryout /track out; and cease grading and earth moving during periods of high winds (20 mph or more). 34. Prior to receiving final building or site occupancy, you must contact the Planning Division (staff contact noted above) for final inspection and approval of the landscaping, parking lot, lighting and other related site improvements. Inspections will not be conducted until all required items have been installed. Any deviations from the approved plans without prior approval from the Planning Division may result in reconstruction and delays in obtaining a building or site occupancy. 35. Amenities shall be provided that include, but are not limited to, an indoor recreation facility and outdoor activities for a gym, tot lot, swimming pool, and sports court. FIRE DEPARTMENT (Staff contact - Ernie Medina 661- 326.3682 or EMedina@bakersfieldcity.us) 36. Show on the final building plans the following items: a. All fire lanes as identified on the returned plans. Any modifications shall be approved by the Fire Department. Fire lane identification signs shall be installed every 100 feet with red curbing when curbing is required. All work shall be completed before occupancy of any building or portion of any building is allowed. b. All fire hydrants both offsite (nearest to site) and on -site. Include flow data on all hydrants. Hydrants shall be in good working condition and are subject to testing for verification. Fire flow requirements must be met prior to construction commencing on the project site. Please provide 2 sets of the engineered water plans to both the Fire Department and the Water Resources Department. C. All fire sprinkler and /or stand pipe systems fire alarms and commercial hood systems. These suppression systems require review and permits by the Fire Department. The Fire Department will issue guidelines for these various items as they may apply to this project. d. Project address includina suite number if applicable. If the project is within0"KFa shopping or business center, note the name and address of The center. � m U O ORIGINAL PORN 16 -0265 Page 7,f10 e. Name and phone number of the appropriate contact person. 37. The developer must request an inspection from the Water Resources Department (1000 Buena Vista Road, Bakersfield, CA, phone: 661- 326 -3715) for any underground sprinkler feeds at least 24 hours before they are buried. The Prevention Services Division (1501 Truxtun Avenue, Bakersfield CA, Ph. 661/326 -3979) must complete all on -site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. 38. The developer shall show on the final building plans a minimum 20 -foot wide all - weather emergency access with an overhead clearance of 13 feet 6 inches within 150 feet of all buildings on the project site. The Fire Department must approve the final location and design of the access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. 39. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road With an asphalt, concrete or other driving surface approved by the Fire Chief. The access road must be capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds and shall be surfaced with the first layer of asphalt as to provide all- weather driving capabilities. All access (Permanent and temporary) to and around any building under construction must be a least 20 feet wide and contain no obstruction. The fire apparatus access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. 40. Turning Radius: The minimum turning radius shall be thirty -seven feet. 41. The minimum gate width shall be 20 feet and a minimum vertical clearance of thirteen (13) feet six (6) inches is required when the gate is at full open position. Where there is more than one gate and two or more driveways separated by islands, a minimum horizontal clearance of fifteen (15) feet for each driveway and a minimum vertical clearance of thirteen (13) feet six (6) inches is required when gates are at full open position. Horizontal distance shall be measured perpendicular to the direction of travel on the driveway. Vertical distance shall be measured from the highest elevation of the driveway to the lowest overhead obstruction. 42. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. All new construction of access gates shall be equipped with an automatic opening device which is activated through the wireless activation system utilized on City of Bakersfield owned vehicles for traffic preemption. Installation and maintenance of the wireless activation system on access gate(s) shall be completed by the gate owner. The gate opening device shall have a disconnect feature for manual operation of the gate when the power fails. g AKF9 o'r� U O ORIGINAL PDRM 16 -0265 Page 8 of 16 43. All projects must be in compliance with the current California Fire Code and current City of Bakersfield Municipal Code. PUBLIC WORKS - ENGINEERING (Staff contact - George Gillburg 661- 326 -3997 or GGIIIburftakersffeldcify.us) 44. The developer shall install two streetlights along Noriega Road and Old Farm Road as shown by staff on the returned site plan. The developer shall be responsible for providing the labor and materials necessary to energize all newly installed streetlights before occupancy of the building or site. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. 45. The developer shall install new connection(s) to the public sewer system. This connection shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. 46. All on -site areas required to be paved (i.e. parking lots, access drives, loading areas, etc.) shall consist of concrete, asphaltic concrete (Type B. A. C.) or other paved street material approved by the City Engineer. Pavement shall be a minimum thickness of 2 inches over 3 inches of approved base material (i.e. Class II A. B.) if concrete is used, it shall be a minimum thickness of 4 inches per Municipal Code Section 17.58.060.A. This paving standard shall be noted on the final building plans submitted to the Building Division before any building permits will be issued. 47. If a grading plan is required by the Building Division, building permits will not be issued until the grading plan is approved by both the Public Works Department and the Building Division. 48. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. An industrial waste permit must be obtained from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the Wastewater Treatment Superintendent at 661 -326 -3249. 49. Before any building or site can be occupied, the developer must reconstruct or repair substandard off -site street improvements that front the site 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. 50. A street permit from the Public Works Department shall be obtained 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. 51. 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. 52. 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 gt"eq the General Permit to Discharge Storm Water Associated with Construction Acti�ii y m u o ORIGINAL PDRM 16 -0265 Page 9 0f10 (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 required that a Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out, and always be available for public inspection during normal construction hours. 53. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued, or if no building permit is required, before occupancy of the building or site. This fee will be based at the rate in effect at the time the building permit is issued. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. 54. The developer shall form a new Maintenance District. Undeveloped parcels within an existing Maintenance District are required to update Maintenance District documents. Updated documents, including Proposition 218 Ballot and Covenant, shall be signed and notarized. If there are questions, contact Manny Behl at 661- 326 -3576. 55. All storm water generated on the project site, including the street frontage shall be retained onsite unless otherwise allowed by the Public Works Department (please contact the Public Works Department - Subdivisions at 661 -326- 3576). 56. This project may be located within a Planned Sewer Area. Please contact the Public Works Department - Subdivisions at 661- 326 -3576 to determine what fees may apply. 57. This project may be located within a Planned Drainage Area. Please contact the Public Works Department - Subdivisions at 661 - 326 -3576 to determine what fees may apply. 58. This project may be subject to Bridge and Major Thoroughfare fees. Please contact the Public Works Department - Subdivisions at 661- 326 -3576 to determine what fees may apply. PUBLIC WORKS- TRAFFIC (Staff contact - George Gillburg 661- 326 -3997 or GGillburftakersfieldcity.us) 59. Street return type approaches, if used, shall have 20 -foot minimum radius returns with a 60 -foot throat width. All dimensions shall be shown on the final building plans. 60. Two -way drive aisles shall be a minimum width of 24 feet. If perpendicular (900) parking spaces are proposed where a vehicle must back into these aisles, the minimum aisle width shall be 25 feet. All drive aisle dimension shall be shown on the final building plans. 61. Show the typical parking stall dimension on the final building plans (minimum stall size is 9 feet x 18 feet). o�`eAKFn',0 N � m u o ORIGINAL PDR# 16 -0265 Page 10 0f10 PUBLIC WORKS -SOLID WASTE (Staff contact - John Wilburn 661 - 326.3114 or JWllburn@bakersfieldclly.us) 62. You must contact the staff person noted above before buildina 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. Collection locations must provide enough containment area for the refuse that is generated without violating required zoning or setback restrictions (see Planning Division conditions). Levels of service are based on how often collection occurs as follows: • Cart service -- 1 cubic yard /week or less 1 time per week • Front loader bin services -- 1 cubic yard /week - 12 cubic yards /day • Roll -off compactor service - More than 12 cubic yards /day 63. Show on the final building plans refuse bin enclosures. Each enclosure shall be designed according to adopted city standard (Detail #ST25 A and B), at the size checked below a. Before occupancy of the building or site is allowed, 15 three - cubic yard front loading type refuse bin(s) shall be placed within the required enclosure(s). 0 15 - 6' deep x 8' wide (1 bin) ❑ 8' deep x 15' wide (3 bins) OR 2 8 - 8' deep x 10' wide (2 bins) ❑ 8' deep x 20' wide (4 bins) NOTE: All measurements above are curb -to -curb dimensions Inside the enclosure. If both refuse and recycling containers are to be combined in the same enclosure area, this area must be expanded in size to accommodate multiple containers /bins (contact the staff person above for the appropriate enclosure size). 64. 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. 65. 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. 66. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. o40AKF9 T v 0 'RIG!NAL sv � I ' i H € �55 ¢¢� aay o N o °,J°.� eee Pose =He:oB £Fi H25;;,.-w%5 A �;i CE �:o .�.z Yf oi4�: ick."..i 3 LJA484tlpMpHIM MrlpxfLLI15M] }p NMOtlJ 3VRLL HOLIIN WfIM33l � p Ya 35tlOXNANS �wlm rmJO� i 3 � � LL w aasxwov k' - $ w Ong � S anr��xeen � rc a anrtlwe,sonlxa rc '.I. i'C li, i IJ a rc p = AY AoemoJ ¢NOArmavrra e � rc tlo vs,nm r, of nE S i o OR161NAL � m O 9 W N x aNY Oa � m� AtlMOtlO a cc o 0 a rc p = AY AoemoJ ¢NOArmavrra e � rc tlo vs,nm r, of nE S i o OR161NAL EXHIBIT "C" ZONE CHANGE LEGAL DESCRIPTION BEING THOSE PORTIONS OF LOT 13 OF THE SALES MAP OF LANDS OF THE KERN COUNTY LAND COMPANY FILED NOVEMBER 24, 1891, IN THE OFFICE OF THE KERN COUNTY RECORDER, LOCATED IN SECTION 13, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PROPOSED PUD !FROM C41 AREA NO 1 BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 13, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF OLD FARM ROAD AND NORIEGA ROAD; THENCE ALONG THE FOLLOWING COURSES: 1) NORTH 00 °5(r00" EAST, ALONG THE WESTERLY LINE OF SAID LOT AND THE CENTERLINE OF OLD FARM ROAD, A DISTANCE OF 399.62 FEET; THENCE 2) DEPARTING SAID WESTERLY LINE AND SAID CENTERLINE, SOUTH 89 °1,741" EAST, A DISTANCE OF 660.85 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE 3) SOUTH 00 °5(Y02" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 399.62 FEET TO THE SOUTHEAST CORNER OF SAID LOT, SAID POINT ALSO BEING ON THE CENTERLINE OF NORIEGA ROAD; THENCE 4) NORTH 89 °1341' WEST, ALONG THE SOUTHERLY LINE OF SAID LOTAND THE CENTERLINE OF NORIEGA ROAD, A DISTANCE OF 660.84 FEET TO THE POINT OF BEGINNING. CONTAINING 6.06 GROSS ACRES, MORE OR LESS. CONTAINING 4.81 NET ACRES, MORE OR LESS. PROPOSED PUD (FROM R -11 AREA NO 2 COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 13, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF OLD FARM ROAD AND NORIEGA ROAD; THENCE NORTH 0V60'W" EAST, ALONG THE WESTERLY LINE OF SAID LOT AND THE CENTERLINE OF OLD FARM ROAD, A DISTANCE OF 399.62 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING COURSES: 1) NORTH 00*WO0" EAST, CONTINUING ALONG SAID WESTERLY LINE AND CONTINUING ALONG THE CENTERLINE OF OLD FARM ROAD, A DISTANCE OF 918.64 FEET TO THE NORTHWEST CORNER OF SAID LOT, THENCE 2) DEPARTING SAID CENTERUNE, SOUTH 89 °14'53" EAST, ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 660.85 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE g AKf9 P: T81 IPROJEC13 081. 004 MAOLDFMk LEGALy913081ZCPUDREY3,DOCXIM 620016 ° m v 0 ORIGINAL EXHIBIT'" ZONE CHANGE LEGAL DESCRIPTION 3) SOUTH 00 °50'02" WEST, ALONG THE EASTERLY LINE OF SAID LOT, A DISTANCE OF 918.87 FEET, THENCE 4) DEPARTING SAID EASTERLY LINE, NORTH 89 °13'41" WEST, A DISTANCE OF 660.85 FEET TO THE POINT OF BEGINNING. CONTAINING 13.94 GROSS ACRES, MORE OR LESS. CONTAINING 12.97 NET ACRES, MORE OR LESS 861.8344814.881 -834 0M 2001 Wheelen Court • Bekenfi K CA 83388 jall. 2,1-1 (s 0pKF9 P:\PROJECI' 5113081. 00- ULAOLDFMUEGAL51130612CPUDREV3 .DOCX1M 62020I6 > m r or U ORIGINAL EXHIBIT D PRELIMINARY DEVELOPMENT PLAN / LANDSCAPE PLAN o gPKFq� > m U � ORIGINAL KERN LANG PARTNERS, LLC PLANNED UNIT DEVELOPMENT (NE � a cwmw Ope s a e O ..esiam.w. pe.a.e�amraav -. s OO �x...a�sw.�amo.m p mr�uv � .em r. se.mmev. ®emv I AS Vxwin KM IAM P.1Ki1FAB. LW ow a P.UD. m wor�.s L m wor�.s L rTC31 KA01 AM X01 Kv---c Coo I lot, vw A WA EXHIBIT E BUILDING ELEVATIONS o�eAKF9� s � m F v 0 ORIGINAL. o�gpH�9� s F m v 0 ORIGINAL i p 0 a A 4 a c 9 a I L •� b 0. o ai °.3 q � P � � O S Q a i �p a a a o�gAKF9m F m v or ORIGINAL Mir im liff —;7a," Ts Mir I Im woo h IA it