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HomeMy WebLinkAboutRes. No. 73-23 (Appeal of SPR 23-0399) RESOLUTION Na. 73-23 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO DENY THE APPEAL AND UPHOLD THE DECISION OF THE DEVELOPMENT SERVICES DIRECTOR TO APPROVE A SITE PLAN REVIEW TO ALLOW A DEPARTMENT OF VETERANS AFFAIRS COMMUNITY-BASED OUTPATIENT MEDICAL CLINIC IN THE M-2 ZONE, LOCATED AT 5512 KNUDSEN DRIVE (SPR NO.21-0399).. WHEREAS, SASD Development Group (LLC) filed an application with the City of Bakersfield Development Services Department requesting ❑ Site Plan Review to allow a Department of Veterans Affairs Community-Based Outpatient Clinic in the M-2 (General Manufactu(ng).zone district; located.at 5512 Knudsen Drive (the "Project"); and. WHEREAS, in accordance with Bakersfield.Municipal Code Section 17.08.080, the Project development plans have been reviewed by the Site Plan Review Committee for compliance with codes, policies,.and standards for development as adopted by the City Council; and WHEREAS, an initial study was conducted acid it was determined the Project would have a significant effect on the environment; therefore, an Environmental Impact Report was certified by the Planning Commission on September 7, 2023 in accordance with the California Environmental Quality Act (CEQA) (SCH 2O22a80337); and WHEREAS, on .September 8, 2023, the Development Services Director approved the. Project, with the listed conditions of approval and mitigation measures, in accordance with.Bakersfield Municipal Code Section 17.08.080; and WHEREAS, on September 15, 2023, Progress for Bakersfield Veterans, LLC represented by Channel Law Group, LLP filed an appeal to the Development Services Director's decision approving the Project; and WHEREAS;the Secretary of the Planning Commission set Thursday, October 5, 2023 at 5:30 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 Planning Commission to consider the appeal, and the project was continued to a special on October 16, 2023 in order for the public hearing to be re-noticed: and WHEREAS,the Secretary of the Planning:Commission set Monday, October 16,2023 at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield. California, ❑s the time and place for❑ public hearing.before the Planning Commission to consider the appeal, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code: and WHEREAS,the City of Bakersfield Development Services Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and WHEREAS, during the hearing, the Planning Commission considered all facts, testimony, and evidence concerning the Project, including the staff report and the Director's action. Page 1 of 2 WHEREAS, the facts presented and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: 1. All required public notices have. been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area. and published in the Bakersfield Cafifom+an, a local newspaper of general circulation, 10 days prior to the hearing. 2. The provisions of CEQA,. the State CEQA Guidelines., and the City of Bakersfield. CEQA Implementation Procedures have been followed.. Staff determined that the proposal is a project under CEQA. An Environmental Impact Report was prepared and certified by the Planning Commission. 3. The appellant has not demonstrated the Project does not meet City design/development standards, City municipal code requirements, or comply with the.California Environmental Quality Act. NOW, THEREFORE, BE. IT RESOLVED by the Bakersfield Planning Commission as follows: 1.. The above recitals, incorporated herein, are true and correct. 2. The decision of the Development Services Director is hereby upheld as contained in Exhibit A,which is incorporated herein . 3: The appeal is denied.and.Site Plan Review No. 21-0399 is hereby approved. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a special meeting held on the 16th day of October 2023, on.a motion by Commissioner Koman and seconded by Commissioner Kaur, by the following vote: AYES: Bashirtash, Cater, Bittle, Kaur, Koman, Neal NOES: None APPROVED ZAC A BASHIRTASH, CHAiR Citf of Eftersfield.Planning Commission Exhibifs (atfached): Exhibit A. Site Plan Review Decision Page 2 of 2. ft BAKERSFIELD THE SOUND OF5trlv*4uVy't_�* September 8, 2023 SENT VIA ELECTRONIC MAIL csdocotor0l@gmail.com Applicant SASD Development Group, LLC Attention:Steven Doctor 4895 Pacific Highway San Diego,CA 92110 Property Owner Lundy Family Trust Carosella Trust 6607 Mt.Whitney Drive 8501 Pacheco Road #I100 Bakersfield, CA 93309 Bakersfield,CA 93311 RE: Notice of Decision-Site Plan Review(Project No. 21-0399) Dear Steve Doctor: The plans for construction of 39,648 square foot Department of Veterans Affairs community-based outpatient medical clinic in M-2 (General Manufacturing)zone district located at 5512 Knudsen Drive have been reviewed by the Site Plan Review Committee. The proposal meets the minimum required codes, policies and standards for development as adopted by the Bakersfield City Council. Your next step is to either apply for necessary building permits to construct your project or begin your business activities depending on the request submitted. You must submit final building plans to the Building Division. Conditions of Approval for the project are attached to this decision letter. Please read them carefully. Failure to satisfy an item may delay your obtaining a building permit or commencing your project. After construction of your project but before the City can allow occupancy,the Building Division must inspect the development to find if it complies with the approved plans,and any other relevant permits and codes. If you have satisfied all the requirements,the Building Director will issue a certificate of occupancy; if not,the area inspector will give you a correction notice. Once you have made all the corrections, the Building Director can issue a certificate of occupancy. You may not occupy a development until the Building Director has issued a certificate of occupancy. Development Services Department SPR 21-0399 1715 Chester Avenue,Bakersfield,CA 93301 Page 1 1 of 17 Planning.661-326-3733 Building:661-326-3720 FAX Planning: 661-852-2136 Building:661-325-0266 Id go% a 0 M qq%� BAKERSFIELD THE SOUND ❑F5M"J tf geot ENVIRONMENTAL DETERMINATION In Accordance with the provisions of CEQA, an initial study was conducted for this project and it was determined that preparation of an Environmental Impact Report (EIR) is required for the project to adequately analyze the potential impacts of the project to the existing environment. A public hearing was held on September 7, 2023 accepting public testimony on the project and its environmental effects,and an Environmental Impact Report was approved by the Planning Commission at the conclusion of the Bearing. Public hearing notices were posted,mailed to all property owners within 300 feet of the project area and published in a local newspaper of general circulation at least 10 days before the hearing. APPEAL Any person may appeal this decision. An appeal is limited to whether or not an adopted development standard, zoning regulation, mitigation, or policy applied or not applied to the project, was done consistent with the authority granted by city ordinances or the California Environmental Quality Act (CEQA). The appeal must be in writing stating the precise basis or issue as noted,must include the appropriate filing fee, and must be filed within 10 days of the decision date to the City of Bakersfield Planning Commission (c/o Bakersfield Planning Director, 1715 Chester Avenue, Bakersfield, CA 93301). The Planning Commission will hold a public hearing on the appeal and their decision will be final unless their decision is appealed to the City Council. Site plan approval is based on the statements made in the application and the plans you submitted.Any errors or omissions on these plans Gould alter the compliance list and/or void this decision. If you have questions about any of the items noted in the Site Plan Compliance List, you must speak to the contact person representing the department requiring that item. Correspondence will continue to be sent to the applicant on record. Should the applicant change,it is the property owner's responsibility to update the contact information with the Planning Division. If you have other questions regarding general information about the site plan review process, please contact the Planning Division at (661) 326-3733. Sincerely, Christopher Boyle/Z Development Services Director City of Bakersfield Development Services Department SPR 21-0399 1715 Chester Avenue,Bakersfield CA 93301 Page 1 2 of 17 Planning:661-326-3733 Building:661-326-3720 FAX Planning: 661-852-2136 Building:661-325-0266 ft BAKERSFIELD THE S0UN1) 0F5WeVrif Ve# 5PR 21-0399 IMPORTANT: PLEASE REAR CAREFULLY The project is subject to a variety of conditions of approval.These include conditions based on adopted City plans and policies, those determined through site plan review, those determined through environmental review essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. The following conditions include specific items that you need to resolve before you can obtain a building permit or be allowed occupancy. In addition, there are informational items included to alert you to specific fees and/or requirements moving through the development permitting process. REVISIONS TO THE APPROVED PLAN Any time after site plan approval but before the approval expires,you may submit revisions to the plan. We will treat these revisions as a new site plan application subject to a new review and required fees. The Planning Director can only approve minor changes to the original plan without a new application if they are necessary to meet a condition, mitigation, or result from physical obstacles or other comparable constraints (See Section 17.08.080.C.3 of the Zoning Ordinance). Site plan approval is based on the statements made in the application and the plans you submitted. Any errors or omissions on these plans could alter the compliance list and/or void this decision. If you have questions about any of the items noted in the Conditions of Approval, you must speak to the contact person representing the department requiring that item. For conditions that require compliance prior to a building permit, or other permit issuance, provide the appropriate documentation as evidence of compliance with your building permit submittal. Development Services Department SPR 21-0399 1715 Chester Avenue,Bakersfield,CA 93301 Page 13 of 16 Planning:661-326-3733 Building:661-326-3720 FAX Planning:661-852-2136 Building:661-325-0266 41 ft BAKERSFIELD THE SOUND of,5 69* CONDITIONS OF APPROVAL GENERAL CONDITIONS 1. 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 bythe 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. 2. Project approval is conditioned upon acceptance of the conditions of approval contained herein, as evidenced by the applicant's signature on the Acknowledgement and Acceptance portion of the Conditions of Approval. 3. This site plan expires 2 years from the decision date,unless building permits have been issued,or where the use has commenced on projects not requiring a building permit. The project must be completed within 5 years from the decision date. If the property is rezoned, site plan approval will expire upon the effective date for the rezoning unless the use is permitted in the new zone. The Planning Director may extend the expiration date up to one(1)year if you resubmit new plans for check against the code requirements in effect at that time and include a written request for the extension. We must receive this request before expiration of the project approval. We will not require a fee for this extension request;however,changes to the plans originally approved for purposes other than code requirements shall be subject to a new site plan review, including payment of all required fees(See Section 17.08.480.D of the Zoning Ordinance). Development Services Department 5PR 21-0399 1715 Chester Avenue,Bakersfield,CA 93301 Page 14 of 16 Planning:661-326-3733 Building:661-326-3720 FAX Planning:661-852-2136 Building:661-325-0266 ft O �w BAKERSFIELD THE SOUND OF,5m0Tisff Veof 4. It shall be the responsibility of the property owner,operator,and/or management to ensure that any required permits, inspections, and approvals from any regulatory agency be obtained from the applicable agency prior to issuance of a building permit and/or the issuance of a certificate of occupancy. A. DEVELOPMENT SERVICES-BUILDING 1715 Chester Avenue (661-326-3720 or DEVBld@bakersfieldcity.us) 1. Impact fees shall be paid at the time of building permit issuance. 2. Building permits are required for all construction on site. Submit plans for review and approval prior to obtaining all required permits for construction of the project. B. DEVELOPMENT SERVICES-BUILDING (1715 Chester Avenue) (Staff Contact—Mark Fick;661-326-3790 or mfick@bakersfieldcity.us) 1. 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 (WC{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 far public inspection during normai construction hours. 2. Agrading permit is required prior to final plan approval. The developer sha[I submit four(4)copies of grading plans and two(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 Division(HCP), and Public Works Department. 3. Show on the final building plan pedestrian access from the public way and accessible parking. Private streets are not the public way. 4. 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. ❑eve lopment Services Department SPR 21-0399 1715 Chester Avenue,Bakersfield,CA93301 Page 15 of 16 Planning:661-326-3733 Building:661-326-3720 FAX Planning:661-852-2136 Building:661-325-0266 41 dft M 0 M qqq� BAA KERSFIELD THE S0UN❑ OF 5*uVq 5. Include with or show on the final building plans information necessary to verify that the project complies with all accessibility requirements of Title 24 of the California Building Code. 6. 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 food handling facility (i.e.: market, delicatessen, cafe, concession, restaurant) before building permits can be issued. 7, Buildings or structures shall require installation of an automatic fire sprinkler system where required by current California Building Code and City ordinance. 8. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. 9. Finai 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 turps or railings. 10. 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). 11, Show on the final building plan, electric vehicle supply equipment to facilitate future installation as required by the California Green Code. 12. An acoustical consultant, approved by the Building Division, shall be contacted to prepare and include with the final building plans measure that mitigate noise exposures for all buildings on the project site that are subject to noise levels of 65 db or greater as delineated by the C N E L contour maps of the city. These implementation measures shall comply with the requirements of Title 24 of the California Building Code. Development Services Department 5PR 21-0399 1715 Chester Avenue,Bakersfield,CA 93301 Page 16 of 16 Planning:661-326-3733 Building:661-326-3720 FAX Planning:661-852-2136 Building:661-325-0266 BAKERSFIELD THE SOUND 0F5WWM f V64W C. DEVELOPMENT SERVICES—PLANNING(1715 Chester Avenue) (Staff contact—Louis Ramirez;661-326-3023 or I ram!rez@bakersfieldcity.us) 1. The minimum parking required for this project has been computed based on use and shall be as follows: Proposed Square Parking Required Use Footage Ratio Parkin Medical clinic 39,648.5F 1 spac/200 SF 198_spaces Required Parking: 198 spaces (Note: There are 214 parking spaces on the proposed site plan. By ordinance, compact and tandem spaces cannot be counted towards meeting minimum parking requirements. For commerciai development containing a multi-tenant pad, any change in use where 50 percent or more of the pad requires additional parking pursuant to Bakersfield Municipal Section 17.58.110, the Planning Director may require parking commensurate with the new use.) 2. Minimum parking stall dimensions shall be 9 feet wide by 18 feet long and shall be designed according to standards established by the Traffic Engineer. 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. 3. All parking lots, driveways, drive aisles, loading areas, and other vehicular access ways, shall be paved with concrete, asphaltic concrete, or other paved street surfacing material in accordance with the Bakersfield Municipal Code(Sections 15.76.020 and 17.58.060.A.). 4. 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 poies, 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. (Note: Staff can require additional adjustments to installed lighting after occupancy to resolve glare or other lighting problems if they negatively affect adjacent properties.) Development Services Department SPR 21-0399 1715 Chester Avenue,Bakersfield,CA 93301 Page 17 of 16 Planning:661-326-3733 Building:661-326-3720 FAX Planning:661-852-2136 Building:661-325-0266 41 ■ oft BAKERSFIELD THE SOUND OF 5- *W WJ�* 5. 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. Landscape plans shall include, but are not limited to, data on: gallon/box size, spacing, species (reference approved parking lot tree list), ratio of deciduous vs.evergreen,shade calculations,ground cover calculations,etc. (Note 1: 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.) (Note 2: Na mature landscaping shall be removed without prior approval by the Planning Director.) 6. Business identification signs are neither considered nor approved under this review (e.g. wall, monument, pylon, etc.). 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. (Note: Signs must comply with the Sign Ordinance; Chapter 17.60 of the Bakersfield Municipal Code. Review this Chapter as part of due diligence.) 7. 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. 8. In the event a previously undocumented oil/gas well is uncovered or discovered on the project, the developer is responsible to contact the California Geologic Energy Management Division (CaIGEM). The developer is responsible for any remedial operations on the well required by CaIGFM. The developer shall also be subject to provisions of BM Section 15.66.080.B. (Note:A capped well is near Street"A". Prior to the approval of Public Works plans,the applicant shall provide the location of the capped well to the Public Works Department and resolve any adverse impacts to the public and site improvements.) 9. 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). Development Scrvices Department SPR 21-0399 1715 Chester Avenue,Bakersfield,CA93301 Page 18 of 16 Planning.661-326-3733 Building.661-326-3720 FAX Planning:661-852-2136 Building:661-325-0266 41 ft m e = N4;0V BAKERSFIELD THE SOUND OF5- N&Ak YV* 10. 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. 11. All professional biologists conducting survey work for the project shall be qualified to conduct the type of survey work they will be performing. 12. All mitigation measures included in the adopted Environmental Impact Report for SPR No. 21- 0399 are hereby incorporated. D. FIRE DEPARTMENT 12101 H Street) (Staff Contact-Ernie Medina;661-326-3682 or emedina@bakersfieldcity.us) 1. Show on the final building plans the following items: a. All fire lanes. 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. Identify the fire lane and include the fire lane width, also show the width of secondary entrance on each side of the island and include the turning radius on the site plan sheet plan. 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 two (2) sets of the water plans stamped by a licensed Registered Civil Engineer to the Fire Department and two(2)sets to the Water Resources Department(1000 Buena Vista Road, Bakersfield,CA.93311;661-326-3715). (Note:Show: 1)distance to the nearest hydrant;and 2)distance from that hydrant to the farthest point of the project site.) 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 forthese various items as they may apply to this project. d. Proiect address, including suite number if applicable. If the project is within a shopping or business center,note the name and address of the center. e. Name and phone number of the appropriate contact person. Development Services Department SPR 21-0399 1715 Chester Avenue,Bakersfield,CA 93301 Page 19 of 16 Planning:661-326-3733 Building:661-326-3720 FAX Planning:661-852-2136 Building:661-325-0266 41 dft B e = mq� BAKERSFIELD THE SOUND OF 5At141'J V 2. The developer must pay required fees to and 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 2 full business days before they are buried. The Prevention Services Division (2101 H Street, 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. 3. Where fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. 4. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access rood with an asphalt,concrete or other driving surface approved by the fire chief. Must be capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds and shall be surfaced with the first lift 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 126 feet wide where building height exceeds 30 feet), with an overhead clearance of 13 feet 6 inches, 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. 5. Turning Radius: The minimum turning radius shall be thirty-seven feet. 6. The developer shall submit two (2) sets of plans for permits and approvals from the Fire Department for fuel tanks or related facilities before they are installed on the site. Please contact the Prevention Services Division at 661-326-3979 for further information. 7. If you handle hazardous materials or hazardous waste on the site,the Prevention Services Division may require a hazardous material management and/or risk management plan before you can begin operations. Please contact them at 661-326-3979 for further information. 8. if you store hazardous materials on the site in either an underground or a permanent aboveground storage tank, a permit from the Prevention Services Division is required to install and operate these tanks. The Prevention Services Division may also require a Spill Prevention Control and Countermeasure Plan for storage of petroleum products above ground in quantities of 1,320 gallons or more. Please contact them at 661-326-3979 for further information. 9. All projects must comply with the current California Fire Code and current City of Bakersfield Municipal Code. Development Services Department SPR 21-0399 1715 Chester Avenue,Bakersfield,CA 93301 page 110 of 16 Planning:661-326-3733 Building:661-326-3720 FAX Planning:661-852-2136 Building:661-325-0266 41 dft m e = qn� BAKERSFIELD THE SOUND OF5*0 Ve*t E. WATER RESOURCES(1000 Buena Vista Road (Staff contact-Tylor Hester; 661-326-3715 or THester@bakersfieldcity.us) 1. Property is located outside of the City of Bakersfield domestic water service area,therefore,only pipelines and appurtenances related to fire water are subject to review. 2. Developer shall submit two(2)sets of utility plans signed by a California Registered Civil Engineer to the Water Resources Department showing all offsite and onsite improvements, including connections to the existing water main and underground fire waterlines and related apparatuses. Include any existing nearby on or off-site hydrants on the plans. Plans shall be submitted along with applicable plan check fees and any other associated fees per the current fee schedule. Plans shall comply with current City Standards and Specifications, California Fire Code, and City of Bakersfield Municipal Code. City Standards and Specifications and the current Fee Schedule are available for download from the City's website at www.bakersfieIdcity.us/gov/depts/water—resources/fees.htm 3. Developer shall pay the required Water Resources Fire Service Inspection Fees and submit an Inspection Request Form for any underground fire waterlines and their apparatuses at least two (2)full business days before permanent construction. The form is available for download from the City's website at www.bakersfieldcity.us/gov/depts/water_resources/fees.htm F. PUBLIC WORKS-ENGINEERING(1501 Truxtun Avenue) (Staff contact-Susanna Kormendi;661-326-3997 or Sltormendi@bakersfieldcity.us) 1. The developer shall construct curbs, gutters, cross gutters, sidewalks, and street/alley paving along Landco Drive, Street "A", and portions of Knudsen Drive per Recorded Agreement 04-274, according to adopted city standards. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. 2. The developer shall install streetlights along Knudsen Drive, Landco Drive, and Street"A" as per Standard ST-23.6. 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. Submit street light location and contact the Public Works Department at(661)326-3584 for street light number. 3. The developer shall construct standard accessible ramps at the northeast corner of Knudsen Drive and Street"A"and at the northwest corner of Landco Drive, and Street"A"according to adopted city standards. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. Development Services Department SPR 21-0399 1715 Cheater Avenue,Bakersfield,CA 93301 Page 111 of 16 Planning.661-326-3733 Building:661-326-3720 FAX Planning:661-852-2136 Building:661-325-0266 41 BAKERSFIELD THE SOUND OF 5a+,"�4* 4. 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. 5. 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 an the final building plans submitted to the Building Division before any building permits will be issued. 6. 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. 7. 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).Construction of permanent drainage facility shall be in accordance with Recorded Agreement 04-274 or as otherwise approved by both the applicant and Public Works Director. 8. 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. 9. Before any building or site can be occupied,the developer must reconstruct or repair substandard off-sitestreet improvements that front the site to adopted city standards as directed by the City Engineer. Please call the Construction Desk at 661-326-3049 to schedule a site inspection to find out what improvements maybe required prior to submitting a grading plan. Any off-site frontage improvements or repairs required during the site inspection shall be shown on the grading plan. 10. 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. 11. 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. 12. 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 (5WRCB Order No. 2009-009-DWQ as Development Services Department SPR 21-0399 1715 Chester Avenue,Bakersfield,CA 93301 Page 1 12 of 16 Planning:661-326-3733 Building:661-326.3720 FAX Planning:661-852-2136 Building:661-325-0266 41 BAKERSFIELD THE SOUND OFSayOTi►ff f�e� amended by Order No.2010-0014-DWQand 2012-0006-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. 13. Prior to the issuance of each building permit,or if no building permit is required,the first required City approval prior to construction, the developer/owner shall pay a Transportation Impact Fee (TIF) for regional facilities. This fee will be based on the rate in effect at the time the applicable approval is issued or in accordance with the Subdivision Map Act,as applicable. The Public Works Department will calculate an estimate of the total fee upon submittal of construction plans for the project. 14. 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 Stephan Trujillo at 661-326-3576. (Note: If already within a maintenance district, may need to update the maintenance district forma 16. The developer shall install a full-sized manhole in each sewer line except residential development before it connects to the sewer main. This manhole is to be located within the property being developed and must be easily accessible by City workers. G. PUBLIC WORKS-TRAFFIC 1501 Truxtun Avenue (Staff contact-Susanna Kormendi;661-326-3997 or SKormendi@bakersfieldcity.us) 1. Street return type approaches, if used,shall have 20-foot minimum radius returns with a 19-ft to 36-foot throat width. All dimensions shall be shown on the final building plans. 2. Two-way drive aisles shall be a minimum width of 24 feet. If perpendicular (902) 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. 3. Show the typical parking stall dimension on the final building plans(minimum stall size is 9 feet x 18 feet and shall be designed according to standards established by the Traffic Engineer). 4. Walls, fences, or trash enclosures within 10 feet of a sidewalk at an alley or driveway shall not exceed 3 feet in height above the curls flow line. You must either revise the circulation design or show on the final building plans that the maximum fence/wall height will not exceed three feet. Development Services Department SPR 21-0399 1715 Chester Avenue,Bakersfield,CA 93301 Page 113 of 16 Planning:661-326-3733 Building:661-326-3720 FAX Planning:661-852-2136 Building:661-325-0266 41 BAKERSFIELD THE SOUND OF5- *O f3e* 5. The developer shall dedicate additional road right-of-way to the City of Bakersfield along Landco Drive and Street"A"to full local street width according to adopted city standards with the grading plan submittal.Street"A"shall be dedicated by an easement or other acceptable instrument as a public local street built to City standards,as approved by the City Engineer. 6. The developer shall dedicate any sidewalk extending out of the right of way to the City of Bakersfield for the pedestrian way along all arterial streets. This must be conducted with a separate instrument or final map. 7. On Knudsen Drive, striping for left turn channelization shall be provided for any access leading to a development which,at build out, generates more than 50 peak hour trips. H. PUBLIC WORKS-SOLID WASTE(4101 Truxtun_Avenue] (Staff Contact-Jesus Carrera;661-326-3114 or jcarrera@bakersfieldcity.us) 1. You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and/or recycled materials. 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 2. Show on the final building plans refuse/recycle bin enclosures. Each enclosure shall be designed according to adopted city standard (Detail # 5T-27 and 5T-28), at the size checked below 0. Before occupancy of the building or site is allowed, 2, 3-cubic yard front loading type refuse/recycle bin(s)shall be placed within the required enclosure(s). ❑ 6' deep x 8'wide (1 bin) ❑ 8'deep x 15'wide (3 bins) ❑ 8'deep x 10'wide(2 bins) ❑ B'deep x 20'wide (4 bins) 0 One,B' deep x 10'wide(inside dimension); on skids for direct stab only(1-6 yard recycling bin) (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.) Development Services Department SPR 21-0399 1715 Chester Avenue,Bakersfield,CA 93301 Page 1 14 of 16 Planning:661-326-3733 Building: 661-326-3720 FAX Planning:661-852-2136 Building:661-325-0266 41 �_ O W BAKERSFIELD THE SOUND❑F,5- WWj f'Reka 3. Examples of enclosure styles can be found on (Detail#ST-32). 4. Show on the final building plans one compactor roil-off bin location($), designed according to adopted City standards(Detail#ST-30 and 5T-31). Please contact staff far additional information on compactor requirements and placement. 5. 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. 6. 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. If a grease interceptor is to be used instead of a grease containment bin, the plans must still show the location of an adequately sized enclosure should a grease containment bin be required at a future date. The grease containment bin shall not share the same enclosure as the refuse/recyclable/organic bin enclosure. 7. Facilities with existing refuse service must improve the service location area(s) according to adopted City standards(Detail#5T-27 and ST-28). These improvements shall be clearly shown on the final building plans. 8. If utilities are incorporated into the enclosure design,they shall not interfere with space provided for refuse bins and must provide sufficient protection measures to guard the utilities from damage. 9. Enclosures shall not be located in an area that would cause refuse trucks to interfere with drive thru traffic flow entering or exiting the site, drive thru lanes, etc. 10. Businesses are required to have sufficient capacity of refuse/recycling/organic material storage to go without service for 1 day(Sunday). At any time refuse/recycling/organic services become an issue, businesses shall construct a second refuse enclosure to meet the demand. The second enclosure small be approved by the City prior to construction. 11. Revise the site plan to make the trash enclosure accessible to the refuse truck. City trucks may not drive down dead-end corridors, nor back-up long distances; therefore, a turn-around area shall be provided. Attachment • Recorded Agreement 04-274 Development Services Department 5PR 21-0399 1715 Chester Avenue,Bakersfield,CA 93301 Page 115 of 16 Planning:661-326-3733 Building:661-326-3720 FAX Planning:661-852-2136 Building:661-325-0266 41 ft i o qqq� BAKERSFIELD THE SOUND] OF 5*00f Veor ACKNOWLEDGEMENT BY PROJECT APPLICANT; I agree to the project's conditions of approval and acknowledge that failure to comply with any and all conditions shall constitute grounds for potential revocation of the permit approval. 44j�z 0 8/3 012 02 3 Signature Date Steve Doctor Print Name Development Services Department SPR 21-0399 1715 Chester Avenue,Bakersfield,CA 93301 Page 116 of 16 Planning:661-326-3733 Building:661-326-3720 FAX Planning:661-852-2136 Building:661-325-0266 41 AGREEMENT NO. 0 4 2 7 4 ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into on SFP 2 2 2004 , by and between the CITY OF SAKERSFIELD, a municipal corporation, ("CITY" herein) and TOM AND LISA CAROSELLA, husband and wife, and GENE D..BDREL AND. JERRY L... SOREL, Co-Trustees ("OWNERS" herein). RECITALS WHEREAS, OWNERS desire to annex OWNERSS' real property, which. is described as APN 365-020-30 (Carosella) and APN 365-020-28 (Sorel). (hereafter, the "Subject Properties".); and WHEREAS, This agreement is a product of negotiations. and is in. lieu of potential eminent domain proceedings and includes any and all claims by SELLER for compensation arising from this transaction including, but not limited to relocation assistance benefits. WHEREAS, CANNERS will not protest the annexation of the Subject Property into.the CITY, based on certain assurances as stated below made by the CITY; and WHEREAS,. Proposition 218 may require that before CITY can annex the subject property, the OWNERS must approve the imposition or extension of any assessment or tax which is imposed on similarly situated properties within the CITY. NOW, THEREFORE,. incorporating the foregoing recitals herein, CITY and OWNERS mutually agree as follows: 1. ANNEXATION TO CITY. OWNERS hereby consent to and waive any protest rights to the annexation of the subject property to the CITY as shown by the attached "Official Assessment Ballot"signed by OWNERS. 2. PURCHASE OF KN DSEN DRIVE RIGHT OF WAY. CITY agrees to purchase the necessary right of way for the full width of future Knudsen Drive along the westerly boundary of APN 365-020-28, described in Exhibit "A .at a cost of$4.00 per square foot,for a total purchase price of TWO HUNDRED SIXTY FOUR THOUSAND ONE HUNDRED FORTY EIGHT DOLLARS ($264,148). This price is a product of negotiations and includes any and all claims by SELLER for compensation arising from this transaction. Prior to.the close of escrow BUYER shall deposit the purchase price and closing costs into an escrow account with Chicago Title Insurance Company., herein "Escrow Holder", located at Maria Bemat. 3. BUYER'S CONTINGENCIES. The closing.of this transaction is contingent upon the satisfaction or waiver of the following contingencies. Each of these contingencies must be satisfied prior to any obligation of the BUYER to become effective. The failure to complete these contingencies within the time stated, or within any mutually-agreed extended time, shall terminate this Agreement with no liability of BUYER for any direct or consequential damages:. 0:IGRO.UPDA71ADMINRPT\2OD4U-lM..nncxztion Agnt.dvc page l of 7 ..r 3.1 Marketable flee simple title. SELLER specifically recognizes that BUYER=s agreement to purchase. The Property is contingent upon SELLER=s ability to provide clear marketable fee simple title as defined in this Agreement. It shall be the BUYER=s decision whether or.not this contingency has been satisfied. BUYER shall issue written approval of a current Preliminary Title Report {"PTRI. concerning. The Property issued by the Escrow. Holder, as well as all documents referred to in the PTR or this Agreement (the "underlying documents), and the issuance by the Escrow Holder of a title policy. SELLER shalt cause the PTR and all underlying documents to be delivered to BUYER promptly after the date of agreement. BUYER's approval is to be given within ten. (10) days after receipt of said PTR and legible copies of all underlying documents. The disapproval by BUYER of any monetary encumbrance, which by the terms of the Agreement is not to remain against The Property after the closing, stall not be considered a failure of.this condition, as SELLER shall.have the obligation, at SELLER's expense, to satisfy and remove such disapproved monetary encumbrance at or before the closing; 3.2 Documents. The delivery of all documents and the due performance by SELLER of each and every undertaking.and agreement to be performed by SELLER under .this Agreement;. 3.31Vlaterial Change. No material change, as hereinafter defined,.shall have occurred with.respect to The .Property which has not been approved in writing by BUYER. For purposes of this Agreement, a "material change" shall be a change in the status of the use, occupancy, tenants or condition of The Property as reasonably expected by the BUYER, that occurs after the date of this Agreement and prior to the close of escrow. BUYER shall have twenty (20) days following receipt of written notice from any source of any such material change within which to approve or disapprove same. Unless otherwise notified in writing by either party, Escrow Holder shall assume that no material change has occurred prior to the close of escrow; 3.4 No Existing Leases and Tenancy Statements: SELLER represents that there are no leases,subleases or rental arrangements(herein the "existing leases'`); 3.50ther Agreements. SELLER shall within fifteen (15) working days of the date of this Agreement provide BUYER with legible copies of all other agreements known to SELLER that will affect The Property after the closing; 3.6Unrecorded Title Matters. SELLER has no actual knowledge of any encumbrances, covenants, conditions, restrictions, easements, licenses,. liens, charges or other matters which affect the title of The. Property that are: not recorded In the Official Records of the Kern County Recorder; 3.7 Possessory Rights. SELLER has no knowledge that anyone or any entity will, at the time of the closing, have any right to possession of. The Property, except as disclosed by the SELLER in writing to BUYER. All of the above contingencies are for the benefit of, and may be waived in writing by, BUYER and maybe elsewhere herein referred to as "BUYER's contingencies." _ F G:IGROUAAA'nADMINRFPOO W9-)Mnneuatinn Agw.doe Page 2 of 7 j 4. SELLER'S WARRANTIES. SELLER hereby makes the following warranties and representations to BUYER which shall survive the closing and delivery of the grant deed. for a period.of five.(5)years: 4.1 Authority of SELLER. SELLER warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer said.Property to the BUYER as set forth in this Agreement; 4.2Hazardous Substances. SELLER has no knowledge, except as otherwise disclosed to BUYER in writing, of the existence or prior existence on The Property of any hazardous substance, nor of the existence or prior existence of any above or below-ground storage tanks); 4.3 Legal Proceedings. SELLER: has no knowledge of any actions, lawsuits or proceedings. pending or threatened before. any commission, board, bureau, agency, arbitrator, court or tribunal that would affect The. Property.or the right to occupy or utilize same; 4.4Bankruptcy Proceedings. SELLER is not the subject. of a bankruptcy, insolvency or probate proceeding and has no notice or knowledge that any tenant, lessee or other person/entity possessing an interest in The Property is the subject of a bankruptcy or insolvency proceeding. 5. CONVEYANCE OF TITLE. SELLER agrees to convey to BUYER marketable fee simple title to The Property free and clear of all recorded and unrecorded liens, encumbrances, assessments; easements, licenses, leases and.taxes, excepting those agreed to in writing by BUYER. The amount of any bond or assessment which is a lien shall be paid by SELLER, subject to approval of title report: SELLER shall.execute a Grant Deed which conveys clear title to The Property to BUYER and deliver same to Escrow.Holder within fifteen (15) days of the opening of escrow. Any and all water and mineral rights accruing to The Property shall also be transferred to BUYER.without reservation. 6. CLOSIN OSTS. BUYER shall be responsible for all normal and reasonable escrow fees, including the costs of title Insurance. SELLER shall be responsible for the costs to clear title and al real property taxes and assessments accruing up to the close of escrow. SELLER shall fully pay the amount of any bond or assessment which is a lien upon The Property prior to the close of escrow.. T. ESCR 1N INSTRUCTIONS. Within fifteen (15)working days of execution of this Agreement by all parties, each shall deliver to the Escrow Holder any appropriately executed escrow instructions or file a written protest detailing what instructions are not acceptable. This Agreement shall serve as the parties' instructions to the Escrow Holder and shall become part of the escrow instructions for consummation of the purchase and sale of The Property. BUYER and SELLER agree to execute such additional and supplementary instructions as may be appropriate or required by Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between this Agreement and any additional or supplementary escrow instructions, the terms of this Agreement shall control, unless the parties jointly agree to the contrary. Said escrow instructions are incorporated herein by this reference. 6,16ROUPDAIAADM1NRP'MOO4M6l8VAnnegation Agtttt.doc page 3 of 7 B. CLOSING DATE. Escrow shall close no later than ten (10) days after the satisfaction of all contingencies set forth herein, unless extended by mutual written agreement of both parties. In no event shall the escrow close less than ninety(90) days from execution.of this.Agreement by all parties, unless by mutual agreement of all parties. 9. EOSSEM.10N, OF SELLER-$ PARCEL. SELLER agrees to give possession of The Property to BUYER at the close of escrow. 10. DEDICATION OF KUNDSEN DME.RIGHT OF WAY. OWNERS agree to dedicate to CITY necessary right of way for future.Knudsen. Dave along the westerly boundary of APN 365-020-30 as described in Exhibit"B". 11. KNUD EN DRIV C NSTR TION. CITY agrees to construct Knudsen Drive as shown in Exhibit "C". OWNER. agrees to allow Knudsen Drive drainage to be disposed of on OWNER'S property in a.temporary sump which will be maintained by CITY, Prior to any development on OWNER'S property, CITY will construct permanent drainage facilities, remove temporary drainage.basin and construct permanent disposal facilities outside of OWNER'S of property, at CITY'S expense. 12. WAIVER OF DEFAULT; The failure of any party to enforce against another a. provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 13. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 14. TERMINATION. This Agreement may be terminated by any party prior to the initiation of any of the work detailed above, and prior to the initiation of annexation proceedings, upon ten days written notice, served by mail or personal service, to all other parties. 15. EXECUTION. This Agreement is effective upon execution of the Agreement and Ballot Measure attached hereto as Exhibit "A." This. Agreement is the product of negotiation and therefore shall not be construed against any party. 16. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1501 Truxtun Avenue Bakersfield, California 93301 OWNERS: TOM AND LISA CAROSELLA 141217TH STREET Bakersfield, California 93301 � �y 0.IGROUPDATADM[NRF112404l08-IMnnenlian Agmt.doc Page 4 of 7 % 8 _ h, z GENE D. BOREL 6502 YOSEMITE PLACE BAKERSFIELD CA 93309 JERRY L. BOREL 8918 ETCHART ROAD BAKERSFIELD CA 93312 17. GOVERNING LAW. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California. 18. lea SIGNM NT. This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 19. S1NDiNG EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, 20. G RPORATE AUTHORITY. Each individual executing this Agreement represents and warrants they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein and this Agreement is binding upon said corporation or organization in accordance with its terms. 31. TAX EFFECT. This transaction is in lieu of eminent domain action. However, none of the parties (nor such parties' counsel or accountants) has made or is making in this Agreement any representation to any other party (❑r such party's counsel or accountants) concerning any of the tax effects or consequences on the other party of the transactions provided for in this Agreement. Each party represents that it has.obtained, or may obtain, independent tax advice with respect thereto and upon which it; if so obtained, has solely relied. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed,the day and..year first-above written. '•CITY" "OWNERS" CITY OF R SFIE B By: HARVEY L. HALL TOM CAROSELLA Mayor USA CAROSELLA By; &UP NE.D. BOREL ,M, .1) 11 G'GOROUPDA71ADMINP.FM004l0&18%AnnOX34on Agm dw Page 5 of 7 �i By: RY QREL APPROVED AS TO FORM: R VIRGINIA GENARRO City Attorney AL:A Deputy City Attorney APPROVED AS TO:CONTENT: DEVELOPMENT SERVICES DEPARTMENT A 'rr 6y. K HARDISTY Development Servi �lrector PUBLIC WORKS DEPARTMENT By: RAUL M. ROJAS Public Works Director COUNTERSIGNED: FINANCE DEPARTMENT By: GREGORY J. KLIMKO Finance Director G:\GRUUPDA'nADMINRFM004WS-181Anncaadm Agmt.dac page 6 or 7 t +7 CITY OF BAKERSFIELD PROPOSED ANNEXATION OF TERRITORY IMPORTANT-OFFICIAL PROPERTY OWNERS ASSESSMENT BALLOT This assessment ballot is for the use of property OWNERS of the pareel(s) identified below, which pared(s) is proposed to be annexed into the City of Bakersfield. This:assessment ballot rruiy be used to express either:support for or opposition to.inclusion within the proposed annexation and the extension or imposition of any tax or assessment currently being Ievied by the City of Bakersfield. In order to be counted, this assessment ballot must be signed below by an OWNER or, if the OWNERS are not:individuals,by an authorised representative of the OWNERS. TO CAST THIS BALLOT,PLEASE RETURN THIS ENTIRE PAGE OFFICIAL ASSESSMENT BALLOT OWNERS: TOM AND LISA CAROSELLA AND GENE D. BOREL AND JERRY L. BOREL Property Description, APN 365=U24-AND APN 30 365-020-28 Individual taxes or assessments shall not exceed those taxes or assessments levied on similarly situated. properties within the City of Bakersfield as of the date of the execution of this ballot. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Bakersfield include the above described property within the Yes X proposed annexation and levy individual taxes and assessments not to exceed those taxes or assessments levied on similarly situated properties with the City of Bakersfield as of the date of execution of this ballot? No Date: , 200 OWNERS' Signatures � r loLv G:tGROUP1DATNADMINPtE VOD4vas ]Mnnexa6an Agrta.dw Page 7 of + ;" Exhibit"A" A parcel of land being a portion of Lot 1 In the Northeast 1I4 of Section 15,Township 29 South, Range 27 East, Mount Diablo Base and Meridian,as shown on the sales map of lands of the Kem County Land Company filed April 8, 1892. in the Office of the Kern County Recorder, more particularly described as follows: Commencing at the Northeast corner of said Section 15;thence North 89' 10'32"West, along the North line of said Section 15, 663.86 feet to the Northerly prolongation of the West.line of.said Lot 1;thence South 0' 13'29"West, along said West line of Lot 1, 592.19 feet to the TRUE POINT OF BEGINNING; Thence (1), South 89' 10'32"East,a distance of 90.01 feet; Thence(2),.South 0' 13'.29" East a distance of 733.52 feet to a point on the South line Of said Lot 1; Thence(3),N 89' 10'32"Vilest, along said South Ilne a distance of 90.01 feet to the Southwest comer of said Lot 1; Thence(4), North 0' 13'29"East,along said West line of Lot 1, a distance of 733.52 feet to the TRUE POINT OF BEGINNING. Containing 1.516 acres, more or less. End of Description �cQ D�G LA LS.I m Ixr 9 30 0 � st s E� OLIVE OFVVE 5 8970'3ZE _ 88.3.8W' i I I r...._,_____. ___ ---- NE CORNER S CT1grV 75 29127 I I. I I { I u�j I I I I I ;v r- g � Z e4) TRuE PuNr 5 8970'32"E 90.00' 1 OF BEONNING 1 � It 1� 1 1 � w g APN 3 r-02 28 , (2) 5 8970'32 E 90.00' FEEr 0 s0 EXHIBIT YA r Exhibit"B" A parcel of land being a portion of Lot 1 in the Northeast SI of Section. 15, Township 29 South, Range 27 East, Mount Dlablo Base and Meridian, as shown on the sales map of lands of the Kam County land Company filed April 8, 1892, in the Office of the Kem County Recorder, more particularly described as follows: Commencing at the Northeast corner of said Section 15;thence North 89' 10'32"West, along the North lime of said Section 15, 663.86 feet to the Northerly prolongation of the West.line of said lot 1.,thence South 0' 13'29"West, along:said West line of Lot 1, 292.17 feet to the TRUE POINT OF BEGINNING; Thence(1),South 89' 10'32"East, a distance of 106.01 feet; Thence(2), South 3' 16'45"West, a distance of 300.28 feet; Thence(3), N 8W 10'32='Infest, a distance of 90.01 feet to a point on said West line of Lot 1; Thence(4).North 0" 13'29"East;along said West line, a distance of 300.02 fret to tha TRUE POINT OF BEGINNING. Containing 0.675 acres, more or less. End of Description .�fGN-D CV r Lam E T �n OLIVE ORME S 897032" E66Z86' ..__W___- NE CC1tNa7 'u WC71ON 16 29127 7f UE POINT S 8974mmr OF 9EGANN1NG. I 1 R+J ¢LI N hF �4t � Z 1 APN 3e5-020-30 [ (2) S 8970'32 E 1 90.00.1 1 1 l 1 { 1 FEET EXHIBIT" 7B7 Y !� t �1 1 i i I i - - - - - -- - -- - - - - - - I T. R/W FI RIIV �: •::: 34' �.. 9T' VARIES VARIES 1;. ? CURB AND GUTTER CURB AND GUTfFR PAVED SrRk T CURB AND GUTTER E: I „ Rlw waft I, SECTION A A �w •7 Rflo'. RIIV I. rL 341 20' EP 25' 1 i` I CURB ANp Gt/ t PAVED STREET 4= { 'j. I FEET © 50 Fn EXHIBIT PC G 0F4 G, RL �rti IIII1111 �� 1C: . fi t W .I fF r�nn000�000�000r�000�ua �00000®000�u�ot►o©000nn���r=.] � �� I ; i IT ��[;3'•3iti L � l� i �t t j_• i ��- �. tz `` I ! 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