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HomeMy WebLinkAboutRES NO 182-2023RESOLUTION NO. 18 2- 2 0 2 3 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL TO DENY THE APPEAL AND UPHOLD THE DECISION OF THE PLANNING COMMISSION TO APPROVE A SITE PLAN REVIEW FOR A COMMUNITY BASED OUTPATIENT CLINIC IN AN M-2 (GENERAL MANUFACTURING) ZONE, LOCATED AT 5512 KNUDSEN DRIVE (SPR NO. 21-0399) WHEREAS, SASD Development Group (LLC) requested Site Plan Review approval of an approximately 39,650 square foot community based outpatient clinic in the M-2 (General Manufacturing) zone district, located at 5512 Knudsen Drive (the "Project"); and WHEREAS, an initial study was conducted and it was determined the Project would have a significant effect on the environment; therefore, an Environmental Impact Report was prepared in compliance with the California Environmental Quality Act and certified by the Planning Commission on September 7, 2023; and WHEREAS, in accordance with Bakersfield Municipal Code Section 17.08.080, the Development Services Director, on September 8, 2023, approved Site Plan Review No. 21-0399 finding the Project with the listed conditions of approval and mitigation measures satisfied all minimum codes, policies, and standards for development as adopted by the City Council; and WHEREAS, Channel Law Group, LLP on behalf of Progress for Bakersfield Veterans, LLC filed an appeal with the Planning Commission on September 15, 2023 of the Development Services Director's decision to approve the Site Plan Review; 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 Planning Commission opened and continued consideration to October 16, 2023 as there were noticing issues; 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, as the time and place for a special public hearing before the Planning Commission to continue and consider the appeal, and the Planning Commission denied the appeal and upheld the decision of the Development Services Director and approved Site Plan Review No. 21-0399; and Page 1 of 3 N 'ORIGINP c WHEREAS, Channel Law Group, LLP on behalf of Progress for Bakersfield Veterans, LLC filed an appeal with the City Clerk on October 26, 2023 of the Planning Commission's decision to deny the appeal and approve Site Plan Review No. 21-0399; and WHEREAS, the Clerk of the City Council set Wednesday, November 8, 2023 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 appeal and the project was continued to November 29, 2023 as requested by the applicant; and WHEREAS, the Clerk of the City Council set Wednesday, November 29, 2023 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 appeal; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report 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. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area, posted on the City's website, and published in the Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing. 3. The City Council has considered and concurs with the findings made by the Planning Commission set for in Resolution No. 73-23, approved on October 16, 2023. 4. The provisions of California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. 5. The appeal is denied and the Site Plan Review No. 21-0399 is hereby approved as shown in Exhibit A for the Project, which is incorporated herein. •� Page 2 of 3 > �n OORIGINE'.! 0 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 the 29th day of November 2023, by the following vote: NOV 2 9 2023 AYE NOES: ABSTAIN: ABSENT: 1, V ✓ ✓ COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: APPROVED: NOV 2 9 2023 By KAREN GOH Mayor APPROVED AS TO FORM FREEMAN, GRAY, KAUR J IE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield VIRGINIA GENNARO, City Attorney B VIRIDIANA GALL RDO-KING Deputy City Attorney Exhibit: A Site Plan Review No. 21-0399 Page 3 of 3 AK in OORIGINAL (03 BAKERSFIELD THE SOUND OF 5Mfe#Jkf',&e* 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 #100 Bakersfield, CA 93309 Bakersfield, CA 93311 RE: Notice of Decision - Site Plan Review (Project No. 21-0399) Dear Steve Doctor: OFFICE USE ONLY 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. 1kSPR 21-0399 Development Services Department 1715 Chester Avenue, Bakersfield, CA 93301 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 Page 1 1 of 17 um .l Oft RZR O = OFFICE USE BAKERSFIELD ONLY THE SOUND OF50i4ig98* 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 hearing. 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 could 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. SPR 21-0399 Sincerely, ?�< Christopher Boyl Development Services Director City of Bakersfield Development Services Department 1715 Chester Avenue, Bakersfield, CA 93301 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 Page 1 2 of�11PK O y `,ORIGINP °° BAKERSFIELD THE SOUND OF,5*W4kf '6* SPR 21-0399 IMPORTANT: PLEASE READ CAREFULLY OFFICE USE ONLY 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. SPR 21-0399 Development Services Department 1715 Chester Avenue, Bakersfield, CA93301 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 m r` 'ORIGINAL' Page 13 of 16 41 (03 BAKERSFIELD THE SOUND OF5Wet*f V* 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 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. 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 17.08.080.D of the Zoning Ordinance). o<( bP,Ke; � u m 0RIGINA1 Development Services Department SPR 21-0399 1715 Chester Avenue, Bakersfield, CA93301 Page 14 of 16 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 41 (03 BAKERSFIELD THE SOUND OF,5*VZ�Kf �R* OFFICE USE ONLY 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) 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. 2. A grading permit is required prior to final plan approval. The developer shall 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. 4. SPR 21-0399 Show on the final building plan pedestrian access from the public way and accessible parking. Private streets are not the public way. 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. Development Services Department 1715 Chester Avenue, Bakersfield, CA 93301 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 M F_ vORIGINAL"- Page 15 of 16 41 101 OFFICE USE BAKERSFIELD ONLY THE SOUND OF5*WiMf V(u 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. 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. 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 CNEL contour maps of the city. These implementation measures shall comply with the requirements of Title 24 of the California Building Code. SPR 21-0399 Development Services Department 1715 Chester Avenue, Bakersfield, CA 93301 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 Page 16 of 16 (03 BAKERSFIELD THE SOUND oFs»Wh.,�Rw OFFICE USE C. DEVELOPMENT SERVICES — PLANNING (1715 Chester Avenue) (Staff contact — Louis Ramirez; 661-326-3023 or Iramirez@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 Parking Medical clinic 39,648 SF 1 space/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 commercial 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 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. (Note: Staff can require additional adjustments to installed lighting after occupancy to resolve glare or other lighting problems if they negatively affect adjacent properties.) N m � r 'ORIGINt1' Development Services Department SPR 21-0399 1715 Chester Avenue, Bakersfield, CA93301 Page 1 7 of 16 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 (03 BAKERSFIELD THE SOUND OF e5*Y*q9e* OFFICE USE ONLY 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: No mature landscaping shall be removed without prior approval by the Planning Director.) 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.) 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. 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 (CalGEM). The developer is responsible for any remedial operations on the well required by CaIGEM. The developer shall also be subject to provisions of BMC 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/trackBoend cease grading and earth moving during periods of high winds (20 mph or more). Development Services Department 0ORIGIN<.1.C) 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 �i BAKERSFIELD THE SOUND oF,ae* OFFICE USE ONLY 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 (2101 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.) 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, 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, CA93301 PalpK# f 16 Planning: 661-326-3733 Building: 661-326-3720 y^ FAX Planning: 661-852-2136 Building: 661-325-0266 � r 'ORIGINPP (03 BAKERSFIELD THE SOUND OF5*Y*J V* OFFICE sm ONLY 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. 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 byway of an approved fire apparatus access road 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 (26 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 Municipal Code. SPR 21-0399 Development Services Department 1715 Chester Avenue, Bakersfield, CA 93301 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 current City off PRkersfield m 30RIGINF.L ' Page 1 10 of 16 (03 BAKERSFIELD THE SOUND OF 50WIMf V* E. WATER RESOURCES (1000 Buena Vista Road) (Staff contact - Tylor Hester; 661-326-3715 or THester@bakersfieldcity.us) OFFICE USE ONLY 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. 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.bakersfieldcity.us/gov/depts/water_resources/fees.htm 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 PUBLIC WORKS - ENGINEERING (1501 Truxtun Avenue) (Staff contact - Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) SPR 21-0399 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. 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. 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. � m vORIGINAL Development Services Department 1715 Chester Avenue, Bakersfield, CA 93301 Page 1 11 of 16 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 41 (03 BAKERSFIELD THE SOUND OF5*V#Mf '6e* OFFICE USE ONLY 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. 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. 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 -site street 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 12 SPR 21-0399 A sewer connection fee shall be paid at the time a building permit is issued. We will base this fee at the rate in effect at the time a building permit is issued. If the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (SWRCB Order No. 200!�,-PQ%DWQ as Development Services Department 1715 Chester Avenue, Bakersfield, CA93301 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 � m Page-12Ft�f�16 41 (03 BAKERSFIELD THE SOUND o.s»r�Rw amended by Order No. 2010-0014-DWQ and 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 form.) 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 (909) 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 curb flow line. You must either revise the circulation design or show on the final building plans that the maximum fence/wall height will not exceeddAt�r e feet. 41 SPR 21-0399 Development Services Department rn 1715 Chester Avenue, Bakersfield, CA93301 Pag��I`1616 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 41 BAKERSFIELD THE SOUND OF 5M4#1 �R* OFFICE ONLY 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 # ST-27 and ST-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). SPR 21-0399 ❑ 6' deep x 8' wide (1 bin) ❑ 8' deep x 15' wide (3 bins) ❑ 8' deep x 10' wide (2 bins) ❑ 8' deep x 20' wide (4 bins) 0 One, 8' 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.) i_^ Development Services Department 'ORIGIWIL6 1715 Chester Avenue, Bakersfield, CA93301 Page 1 14 of 16 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 (03 BAKERSFIELD THE SOUND oF 3. Examples of enclosure styles can be found on (Detail # ST-32). OFFICE USE ONLY 4. Show on the final building plans one compactor roll -off bin location(s), designed according to adopted City standards (Detail # ST-30 and ST-31). Please contact staff for 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 # ST-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 shall 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 O��AKF 4� '0RIGIW,1' Development Services Department SPR 21-0399 1715 Chester Avenue, Bakersfield, CA 93301 Page 1 15 of 16 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 41 Id ft s . ,4q� BAKERSFIELD THE SOUND OF ACKNOWLEDGEMENT BY PROJECT APPLICANT: OFFICE USE ONLY 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. �Tau.�.. S, �62V�Y� ignature Steve Doctor Print Name SPR 21-0399 08/30/2023 Date Development Services Department 1715 Chester Avenue, Bakersfield, CA 93301 Planning: 661-326-3733 Building: 661-326-3720 FAX Planning: 661-852-2136 Building: 661-325-0266 y in � r 'ORIGINAL Page 1 16 of 16 AGREEMENT NO. Q 4_ 2 7 4 ANNEXATION AGREEMENT THIS AGREEMENT is made and between the CITY OF BAKERSFIELD, AND LISA CAROSELLA, husband and Co -Trustees ("OWNERS" herein). entered into on SEP 2 2 2004 a municipal corporation, ("CITY" herein) wife, and GENE D. BOREL AND JERRY L RECITALS , by and and TOM . BOREL, WHEREAS, OWNERS desire to annex OWNERS& real property, which is described as APN 365-020-30 (Carosella) and APN 365-020-28 (Borel) (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, OWNERS 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 KNUDSEN 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 Bernat. 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: G:\GROUPDA'iWDMINRM004\09-181Annexa[ion Agmt.doc Page I of 7 �1. 41 c. OORIGINO > 3.1 Marketable fee 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 ("PTR") 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 shall 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, shall 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; 3.3Materiai 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; 3.4No 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 Kem 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 may be elsewhere herein referred to as "BUYER's contingencies." G:\GROIIPDATADMINRMUOO4108-18Wnnexation Agmt.da Page 2 of 7 �n '®RIGINAL� 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 tank(s); 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. CLOSING COSTS. 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 all 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. ESCROW 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. o�c�AkF� G:K;ROUPDA'fIADMINRPi\2004W8-IS\Anncxation AgmLdoc page 3 of 7 � r.• F- fr r 'ORIGINAL 8. 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. POSSESSION OF SELLER-S PARCEL. SELLER agrees to give possession of The Property to BUYER at the close of escrow. 10. DEDICATION OF KUNDSEN DRIVE RIGHT OF WAY. OWNERS agree to dedicate to CITY necessary right of way for future Knudsen Drive along the westerly boundary of APN 365-020-30 as described in Exhibit "B". 11. KNUDSEN DRIVE CONSTRUCTION. 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 Agreemen shall be personally served or sent by certified or registered mai personal service or depositing in the United States mail. The 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 1412 17TH STREET Bakersfield, California 93301 6:\GROUPDATNADMINRPi'�2004108-181Annexation Agmt.doc Page 4 of 7 t shall be given in writing and I and be effective upon actual parties shall be addressed as c' s n ►= r 'ORIGINAL 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. ASSIGNMENT. This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 19. BINDING 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. CORPORATE 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. 21. 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 (or 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" CITY OF A SFIE By. HARVEY L. HALL Mayor G:\GROUPDAT\ADMINRPTl2004\08-18\Annezation Agmt.doc "OWNERS" .. -- TOM CAROSELLA By L17 CAROSELLA By; % NE D. BOREL ;iF Sn Page 5 of 7 o�gP,KE rn r— 'ORIGINAP APPROVED AS TO FORM: VIRGINIA GENARRO City Attorney By: - Deputy City Attorney APPROVED AS TO CONTENT: DEVELOPMENT SERVICES DEPARTMENT By: / K H RDISTY Development Servic (rector PUBLIC WORKS DEPARTMENT By: RAUL M. ROJAS Public Works Director COUNTERSIGNED: FINANCE DEPARTMENT By: r' GREGORY J. KLIMKO Finance Director G:\(jROUYDAT)ADMINRPT\2004\08-18\Annezation Agmt.doc Page 6 of 7 OORIGINAL� 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 parcel(s) identified below, which parcel(s) is proposed to be annexed into the City of Bakersfield. This assessment ballot may 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 levied 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 authorized 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 365-020- 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 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? Date: , 200 OWNERS' Signature G:IGROUPDA'MDMTNRP7\2004\08-18�Annexation Agmt.doc Page 7 of 7 Yes X No > M r OORIGINO Exhibit "A" A parcel of land being a portion of Lot 1 in the Northeast 1/4 of Section 15, Township 29 South, Range 27 East, Mount Diablo Base and Meridian, as shown on the sales map of lands of the Kern 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" West, along said South line a distance of 90.01 feet to the Southwest corner 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 v � r 'ORIGINALC OLIVE DRIVE NE CORNER SEC77ON 15 29127 FEET m50 EXHIBIT A K,11 OORIGIN;I� Exhibit "B" A parcel of land being a portion of Lot 1 in the Northeast '/a of Section 15, Township 29 South, Range 27 East, Mount Diablo Base and Meridian, as shown on the sales map of lands of the Kern 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, 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 89` 10' V' West, 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 feet to the TRUE POINT OF BEGINNING. Containing 0.675 acres, more or less. End of Description O�eAxf �Y ^n v0!?IG!N; � OR/VE c ao-rn'a�+ rcc� �.- EXHIBIT 'B' NE CORNER S'EC77ON 15 29127 o"IOAKt > rn ` 0RIGINAL fEXHIBIT OCr rr. 111GINA6 a 0CITY,q G) z F� 4Y 033 PARKING CALCULATIONS >...rvc ro.ci onEww a..v sv¢.vr.v vr�[a...a•c.n MY! RVICE, CEEMT _ ..., .._. »... ,. _.� �.. OVERALL SITE PLAN SHEET NOTES o.. wtr o O......«�:.«. ,. .... .. ❑" ""�"' " VABAKERSFIELD O.:n......». ... COMMUNITY -SASSED OUTPATIENT CLINIC ©a '''�^ .u.•a, ♦ �'"•v'�' OFFICE OF O.,...,...✓_......_.. CONSTRUCTION AND FACILITIES MANAGEMENT SITE PLAN LEGEND"a+.•« <w. 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S»Ir Parking Shading Plan L n c9fAttachmentT N.rft.. r Trash / Recycle Attachment 'I f V MiICMn! 1I Proposed 1 i \ 1 - i I Spit 'A• Landscape Location Plan mot;'®• �a»»»»�tlttt»»»a>•� ��� �a»»»»�t�ttttltnttt�ttttt� ®�� �ttttt�ttntttttt�ttit�ntttt� tz,®� �m»»»>•ttltttta�tla��m»m� �©� ®tnnttttt�tti� t��� ©tttttttttttttatti-'. t�®tttt� ttt�ts� a MtM,-f Lsrda ASLA i�tiwr e VA BAKERSKIELD COMMUNITY-EIASED OUTPATIENT CLINIC OFFICE OF CONSTRUCTION AND FACILITIES MANAGEMENT wM:Dif a owv♦ +IXM am♦ SITE AMENITIES PLANT SCHEDULE o •r Ll • .oe • �r00 •1 }( < g I i Fit�I 's ic' ai J Wes'_ LL�ui'�—' M ER L • 0aKF >- m 1— r `'ORIGINAL 0 0 Z50RIGINAL rD C)GITYox, 33 G) T9 z r, rC713%�' 032 Irrigation Plan MK��eILu,Oer A$'.A L�Mwrf A�w ,l O wont• vK VA BAKERSFIELD COMMUNFITIA.ED OUTPATIENT CLONC OFFICE OF CONSTRUCTION AND FACILITIES MANAGEMENT IRRIGATION PLAN L6 �IRCNCN CROSS SECTION IHEIICH NOTES FOR TIE -RI: Yov/vMa�OrrF �a w�V � M(a .w.a �r py as crave ig-IM OET/Jl a �aa y. avow i�wae w n�we . 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