Loading...
HomeMy WebLinkAboutGPA_ZC 22-0127 YA: S:\03_Advance Planning\01_GPAs\01_Active\2022\22-0127_Alfred Harrell Hwy\01_Hearing Documents\PC CITY OF BAKERSFIELD PLANNING COMMISSION STAFF REPORT MEETING DATE: March 20, 2025 AGENDA CATEGORY: 6.a. TO: Chair Cater and Members of the Planning Commission FROM: Jennie Eng, Assistant Planning Director DATE: March 14, 2025 WARD: 3 FILE: General Plan Amendment and Zone Change No. 22-0127 STAFF PLANNER: Yazid Alawgarey, Assistant Planner REQUEST: (1) General Plan Amendment to change land use designation from LR (Low-Density Residential), GC (General Commercial), and OS-S (Open Space-Slopes exceeding 30%) to HMR (High-Medium Residential); and (2) Zone Change to amend the zone classification from R-1-HD (One Family Dwelling- Hillside Development) and C-1/PCD-HD (Limited Commercial/ Planned Commercial Development- Hillside Development) to R-2-HD (Limited Multiple-Family Dwelling-Hillside Development) zone on approximately 37.43 acres. APPLICANT: McIntosh & Associates OWNER: Aurora Borealis Development, LLC Whitney Jackson Ian Ellis 2001 Wheelan Court 12961 Gladstone Avenue Bakersfield, CA 93309 Sylmar, CA 91342 LOCATION: East of Alfred Harrell Highway between Allegheny Court and Tuscany Hills Lane APN: 386-050-38 PROJECT SIZE: 37.43 Acres CEQA: Mitigated Negative Declaration EXISTING GENERAL PLAN DESIGNATION: LR (Low-Density Residential), GC (General Commercial), OS-S (Open Space- Slopes exceeding 30%) EXISTING ZONE CLASSIFICATION: R-1-HD (One Family Dwelling - Hillside Development), C-1/PCD-HD (Limited Commercial/ Planned Commercial Development- Hillside Development) STAFF RECOMMENDATION: Staff recommends (1) Adopt Resolution ADOPTING a Mitigated Negative Declaration pursuant to the California Environmental Quality Act; (2) adopt Resolution APPROVING general plan amendment to ~ BAKERSFIELD Tl€SOONO r:,,~1?,/j,, File No. GPA/ZC 22-0127 change the land use designation from LR, GC, and OS-S to HMR; and (3) adopt Resolution APPROVING amending the zone classification from R-1 HD and C-1/PCD-HD to R-2 HD and recommends the same to City Council. SITE CHARACTERISTICS: The project site is currently vacant. Surrounding properties are primarily developed as: north and west– vacant land; east and south – single-family homes. BACKGROUND AND TIMELINE: • Rio Bravo EIR (1977) - The project site is within the Rio Bravo EIR project area that was approved by City Council in 1977. This EIR consisted of a General Plan Amendment and Zone Change to establish pre-zoning on approximately 13,508 acres in northeast Bakersfield for the purpose of annexation. Specifically, City Council approved a General Plan Amendment request (August 10, 1977, Resolution 77-77) establishing the LR (Low Density Residential) land use and a Zone Change (September 2, 1977, Ordinance 2370) establishing the R-1 (One Family Dwelling) pre-zoning for the project site and surrounding area. The entire 13,508 acres, known as the Rio Bravo Annexation No. 240, was annexed into the city on August 11, 1977. • November 15, 2006 - Hillside Development Combining Zone (HD) Ordinance (BMC 17.66) Update. City Council adopted an amendment to the HD Combining Zone to “encourage development design that will maintain the integrity and natural characteristics of major landform, vegetative communities, hydrologic features, scenic qualities, and open space.” (BMC 17.66.010.C.5) This action resulted in the current HD provisions now applicable to the project’s grading, drainage, lot design and open space. • December 2007- Your Commission approved Vesting Tentative Tract Map 7027 to subdivide the land into 36 single-family residential lots on the 37.43-acre site. Vesting Tentative Tract Map 7027 has since expired. • April 20, 2016 – City Council approved the adoption of a Negative Declaration with mitigation measures and approved a General Plan Amendment from LR & OS-S to GC and a zone change from R-1 HD to C-1-HD/PCD (Resolution No. 063 -16 and 064-16). PROJECT ANALYSIS: General Plan Amendment/Zone Change (“GPA/ZC”). The proposed request is a General Plan Amendment to change land use designation from GC (General Commercial) and LR (Low-Density Residential), GC (General Commercial), and OS-S (Open Space-Slopes exceeding 30%) to HMR (High-Medium Residential), and a zone change from R-1-HD (One Family Dwelling-Hillside Development) and C-1/PCD-HD (Limited Commercial/ Planned Commercial Development- Hillside Development) to R-2-HD (Limited Multiple- Family Dwelling-Hillside Development) zone on approximately 37.43 acres. CURRENT ZONE PROPOSED ZONE ACREAGE C-1/PCD -HD R-2 - HD 9.47 R-1 - HD R-2 - HD 27.96 TOTAL 37.43 File No. GPA/ZC 22-0127 According to the applicant, the request is intended to facilitate future development of an apartment complex, where the proposed GPA/ZC would allow for up to 250 units. However, staff notes that only a conceptual site plan has been submitted for review. A 2nd access is also required and will be checked with the site plan review application. Therefore, there are two options in reviewing plans based on how the zone change request is approved: (1) Approve Zone Change as Requested. If the zone change is approved to R-2-HD as requested, an application for site plan approval is required. The project will be reviewed by the Site Plan Review (SPR) Committee, as listed below, for compliance with City development standards. The Development Services Director may then approve, conditionally approve, or deny the site plan. There is no requirement for Planning Commission consideration unless the Development Services Director’s decision is appealed. • Development Services Department/Building Division • Development Services Department/Planning Division • Fire Department • Water Resources • Public Works Department/Engineering Division • Public Works Department/Traffic Division • Public Works Department/Solid Waste Division • Recreation and Parks Department (as needed) • Bakersfield Police Department (as needed) (2) Approve Zone Change with a More Restrictive Classification. If a more restrictive classification is approved, the most plausible classification is the R-2-HD/PUD (Multiple-Family Dwelling/Planned Unit Development) combining zone. The development plans would be processed through a similar review as previously mentioned; however, instead of the Development Services Director approving the plans, the Planning Commission would consider the plans at a public hearing. CALIFORNIA STATE HOUSING BILLS: Housing Accountability Act. The Housing Accountability Act, Government Code Section 65589.5, establishes limitations to a local government’s ability to deny, reduce the density of, or make infeasible housing development projects, emergency shelters, or farmworker housing that are consistent with objective local development standards and contribute to meeting housing need. Pursuant to Government Code Section 65589.5(3)(j), when a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist: 1. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. File No. GPA/ZC 22-0127 2. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. Regional Housing Needs Assessment. The Regional Housing Needs Assessment (“RHNA”) is a process mandated by California state law that requires jurisdictions to plan for new housing to accommodate projected growth. The RHNA assigns the number of housing units that the California State Housing and Community Development Agency (HCD) determines is necessary to build in an eight-year cycle for each jurisdiction, organized by affordability level. The project would contribute up to 250-units at market-rate income level to the 6th Cycle of the Housing Element. ENVIRONMENTAL REVIEW AND DETERMINATION: In accordance with the California Environmental Quality Act (“CEQA”), Staff prepared an initial study to review the potential environmental impacts of the project. The Initial Study was based on the following project-specific analysis and technical studies: Air Quality Assessment; Biological Resources Study; Phase I Cultural Resource Survey; A preliminary Geotechnical study; A preliminary drainage study; and Traffic study with Vehicle Miles Traveled Analysis. The Initial Study determined that compliance with recommended mitigation measures, local ordinances, state laws, and construction to the standards of the Uniform Building Codes will reduce impacts to a less- than- significant level. Therefore, a Mitigated Negative Declaration (“MND”) was prepared for this project in accordance with CEQA. The MND was circulated for a 30-day public and agency review period from March 15, 2024, to April 15, 2024 (SCH No. 2024030439). Comments Received. As of this writing, two residents, Dave Thomas and Mark Magargee, have submitted comments in response to the Initial Study. Staff’s responses are as follows: 1. Comment: An EIR is required for this project. Response: Based on the Initial Study, all potentially significant impacts have been mitigated to less than significant levels, thus precluding the need for an EIR.. 2. Comment: Most of the parcel has slopes of 30% grade and therefore is insufficient for the development of apartments. Response: Approximately 10 acres is suitable for building and all development would have to comply with the current building codes. The HD combining zone requires grading and other improvement plans to be sensitive to preserving and maintaining hillsides as a scenic resource and protect from the threat of wildfire, hillside instability and landslides. 3. Comment: This project is not typical of the area. Response: While single family residential is the dominant housing type in the area, the proposed multiple-family development is residential and contributes to the diversity in housing options. 4. Comment: Cows that have been grazing on the property for 20 years have established squatters’ rights. Response: The person who may have used the property for grazing has not expressed concern for File No. GPA/ZC 22-0127 any grazing rights. 5. Comment: Air quality analysis is inaccurate. Response: All studies have been conducted by qualified individuals and there is no evidence submitted identifying inaccuracies to any studies, including the air quality analysis. 6. Comment: The zone change should be for R-3, and not R-2 due to density. Response: Staff determined that HMR (High-Medium Residential) is appropriate for the conceptual design since it is the Land Use that establishes density and not the zoning. 7. Comment: Introducing apartments to an all-single-family area would destroy the continuity of a community. Response: The state of California is in a housing crisis and requiring cities to encourage development of diverse housing-types including multi-family development to assist with this crisis. 8. Comment: There is a water shortage in the area. Response: California Water Service Company has analyzed their water availability and have stated there is ample capacity in the area. 9. Comment: Breaking ground proposes health hazards due to this area being a high density area for Valley Fever. Response: The developer is willing to prepare a spore sampling/study for Valley Fever testing prior to obtaining grading permits. The study regarding Valley Fever impacts due to construction will be required as a condition of the Site Plan Review. PUBLIC NOTIFICATION: Public notice for the proposed project and environmental determination was advertised in The Bakersfield Californian and posted on the bulletin board in the City of Bakersfield Development Services Building, 1715 Chester Avenue, Bakersfield, California. All property owners within 300 feet of the project site were notified by United States Postal Service mail regarding this public hearing in accordance with city ordinance and state law. Additionally, a public hearing notice was issued via email to all interested parties that submitted written comments. Comments Received. As of this writing, written comments, including emails and letters from individuals and petitions have been received by city staff, council members, and the mayor from forty-six unduplicated households. Correspondence is attached as background material. Staff’s responses are as follows: 1. Comment: The local schools are overburdened and there are no new schools planned. Response: The applicant shall pay impact fees when obtaining the building permits for each of the multi-family dwelling units. The fees collected by the school district should be allocated to the area and places of need, maintenance, school buses, and additional teachers/classrooms. 2. Comment: The project violates the blue zones initiative. File No. GPA/ZC 22-0127 Response: The city of Bakersfield is not located in an identified Blue Zone. There is a Blue Zone Project active in Bakersfield that recruits volunteers to create a better place to live, learn, work, play, and worship that contribute to benefits like lowered healthcare costs, improved productivity, and a higher quality of life. 3. Comment: There are no food markets or hospitals to serve additional developments. Response: There are no local grocery stores or hospitals within the immediate project vicinity. These services are market-driven. The development of this multi-family project may encourage the need for a local grocery store and other services to open in the area. 4. Comment: There is a lack of emergency services and long wait times for ambulance and fire. Response: The multi-family dwellings will receive the same emergency and police services that everyone in the city of Bakersfield receives. Measure N was passed a few years ago and has substantially increased its police department budget. 5. Comment: Apartments will reduce the property value of neighboring homes. Response: The increased dwelling units will encourage future growth and services to come to the area, including grocery stores, retail, restaurants, etc. These types of services help increase property values. 6. Comment: The project will cause traffic congestion. Response: The proposed project is located adjacent to an arterial street, Alfred Harrell Highway, and about 1 mile from State Route 178. The proposed use would increase the traffic versus the currently entitled land uses for the site. However, Public Works may require street and other traffic improvements to reduce the impact of traffic congestion. 7. Comment: The project will add excessive noise to quiet communities. Response: The proposed project is located at a significantly lower elevation than the Tuscany neighborhood, that serve as a noise buffer. The existing topography also acts as additional noise/sound barriers. The proposed project will also comply with all city noise standards during construction and operation. 8. Comment: The building of apartments will inhibit the few beautiful foothill areas in Bakersfield. Response: The proposed HD (Hillside Development) combining zone requires the development to adhere to grading and design principals to preserve and maintain hillsides as a scenic resource and protect from the threat of wildfire, hillside instability and landslides. The developers will enhance the site using the existing topography to be sensitive to slope integrity. 9. Comment: The apartments will be low-income housing. File No. GPA/ZC 22-0127 Response: The proposed project will provide market rate housing. 10. Comment: An apartment complex will increase crime in the area. Response: There is no evidence to support this comment. 11. Comment: Additional lighting would be detrimental to the clear skies of the foothills. Response: The development shall be required to abide by the dark skies ordinance. The proposed site is located at a significantly lower topographical elevation than the existing developments nearby, which will reduce direct lighting directed onto adjacent properties. Tribal Consultation. In accordance with Senate Bill (SB) 18, a letter was sent by staff on August 4, 2022, to inform the American Indian Tribes about the proposed project and its site location. This notification marks the initiation of the 90-day consultation period mandated by SB 18. At present, no request for tribal consultation has been received. Community Outreach. On April 1, 2024, the applicant held a two-hour community meeting with residents of the surrounding area at Hart Park to discuss their plans and address community concerns. COMPATIBILITY ANALYSIS: Compatibility with Land Use Element. Staff notes that the project was submitted on March 4, 2022, and is in compliance to the Title 17 prior to the amendments of April 2024. Staff has reviewed the proposal for compatibility with the applicable goals and policies and finds the following: • Goal 1: Accommodate new development which captures the economic demands generated by the marketplace and establishes Bakersfield’s role as the capital of the southern San Joaquin Valley. The project is new residential development that captures the current residential marketplace within the southern San Joaquin Valley by providing denser but thoughtful residential development. • Goal 2: Accommodate new development which provides a full mix of uses to support its population. The project is consistent with this goal because the property owner determined the market is driving a need for multi-family residential within the project area. Additionally, the State encourages the densification of residential uses within cities throughout California. • Goal 3: Accommodate new development which is compatible with and complements existing land uses. The project is consistent with this goal by providing multi-family residential housing densification to support the local population. • Policy 2: Allow for the development of a variety of residential types and densities. The project provides multiple-family land use within an area that consists of single-family residential use. Allowing multiple-family residential at the site would allow for the increased development of a variety of residential types and densities beyond the current condition. Therefore, the project is File No. GPA/ZC 22-0127 consistent with this policy. • Policy 11: Encourage that all new high and high-medium density residential designations be on a contiguous area of at least 5 acres. The project would change the density to a high-medium density residential designation that is approximately 9.47 acres of contiguous area. • Policy 75: Provide adequate land area for the expansion of existing uses and development of new uses consistent with the policies of the general plan. The project site is located on existing residential land near residential land uses. Therefore, adequate land is available for the project, and the project expands existing residential land uses at a different density. Therefore, the project is consistent with this policy. SITE ACCESS: The developer is responsible for roadway improvements within the GPA area. There is currently no available access to the site because, though Old Walker Pass Road (a collector) lies to the north; a connection to this roadway is not possible due to future plans to connect Old Walker Pass Road to State Highway 178. Therefore, access to the site must be obtained from Allegheny Court (a local street) which is located within Tract 6148 immediately north of Old Walker Pass Road. The developer must obtain an access easement from the current landowner to be recorded in association with the newly created Parcel Map (Condition No. 5). The developer has agreed to acquire the necessary access. The developer must also provide a 2nd access. The project will be subject to the City’s policy for “Complete Streets,” which requires that all transportation facilities for bicyclists, pedestrians, transit and motorists be considered. Primary vehicle, bicycle and pedestrian access to the site will be via Allegheny Court. All sidewalks and pedestrian access throughout the development will be required in accordance with City standards. There are currently no GET bus routes that run along the project site; however, when project streets and surrounding streets are fully developed, standard bus bays may be located at nearby intersections if designated as a bus route. CONCLUSIONS: Consistency with Surrounding Development. The project would provide for a denser residential use to complement the existing single-family development in the area. Consistency with General Plan/Zoning Ordinance. The proposal is consistent with land use goals and policies as contained in the General Plan related to multi-family development, as noted above. Should the applicant submit site development plans, they will be reviewed for compliance with requirements and regulations as set forth in the Bakersfield Municipal Code Title 17 (Zoning Ordinance) and City Development Standards. Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the proposal is compatible with the surrounding area, land use designation, and zoning ordinance. Therefore, staff recommends your Commission: (1) Adopt Resolution ADOPTING a Mitigated Negative Declaration pursuant to the California Environmental Quality Act; (2) adopt Resolution APPROVING File No. GPA/ZC 22-0127 general plan amendment to change the land use designation from LR, GC, and OS-S to HMR; and (3) adopt Resolution APPROVING amending the zone classification from R-1 HD and C-1/PCD-HD to R-2 HD. Staff recommends approval and recommends the same to City Council. ATTACHMENTS: Attachment A: Map Set • GPA/ZC Aerial • GPA/ZC Zone Classification • GPA/ZC General Plan Designation Attachment B: Mitigated Negative Declaration with Attachments Attachment C: Planning Commission Draft Resolutions • Adopt MND with Attachments • Approve GPA with Attachments • Approve ZC with Attachments Attachment D: Comments RESOLUTION NO. RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE LAND USE MAP AND ZONE CHANGE, GENERALLY LOCATED EAST OF ALFRED HARRELL HIGHWAY BETWEEN ALLEGHENY COURT AND TUSCANY HILLS LANE (GPA/ZC NO. 22-0127). WHEREAS, McIntosh & Associates (applicant), on behalf of Aurora Borealis Development, LLC (property owner), is requesting: (1) an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from LR (Low-Density Residential), GC (General Commercial), and OS-S (Open Space-Slopes exceeding 30%) to HMR (High-Medium Residential); and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1-HD (One Family Dwelling-Hillside Development) and C-1/PCD-HD (Limited Commercial/ Planned Commercial Development- Hillside Development) to R-2-HD (Limited Multiple-Family Dwelling-Hillside Development) on approximately 37.43 acres generally located east of Alfred Harrell Highway between Allegheny Court and Tuscany Hills Lane (the “Project”); and WHEREAS, it was determined that the Project would not have a significant effect on the environment; therefore, a Mitigated Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the Secretary of the Planning Commission set Thursday, March 20, 2025 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 proposed Mitigated Negative Declaration and Project as required by Government Code Section 65353, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, the laws and regulations relating to the preparation and adoption of Mitigated Negative Declaration as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been duly followed by City staff and the Planning Commission; 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, the facts presented in the staff report 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. The MND was circulated for public review between March 11, 2024, and April 11, 2024. Hearing noticesregarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a localnewspaper of general circulation, at least 20 days prior to the hearing. Page 1 of 2 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. 3. A Mitigated Negative Declaration for the Project is the appropriate environmental document to accompany its approval as the Project will not significantly impact the physical environment. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Mitigated Negative Declaration is hereby recommended for adoption by the City Council. 3. The project is subject to mitigation measures found in Exhibit A for the Project located on the map as shown in Exhibit B, both of which are incorporated herein. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on the 20th of March 2025, on a motion by _______ and seconded by _________, by the following vote. AYES: NOES: ABSTAIN: ABSENT: APPROVED __________________________________________ Daniel Cater, CHAIR City of Bakersfield Planning Commission Exhibits (attached): Exhibit A: Mitigation Measures Exhibit B: Location Map EXHIBIT “A” MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 22-0127 Air Quality Impact Mitigation Measures: 1. Prior to grading plan approval, the applicant/developer shall submit documentation to the Planning Division that they are compliant with air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District. The documentation shall specify that the Project has complied with the SJVAPCD’s Indirect Source Rule (Rule 9510). 2. Prior to grading plan approval, the applicant/developer shall submit proof to the Planning Division that they have complied with the San Joaquin Valley Air Pollution Control District’s Indirect Source Rule (Rule 9510). Biological Resources Impact Mitigation Measures: 3. Prior to ground disturbance and/or construction activities, the applicant/developer shall consult with and follow all California Department of Fish and Wildlife and United States Fish and Wildlife Service requirements related to listed plant and animal species protected under the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA). Applicant/developer shall have a qualified professional conduct and prepare a biological resource clearance survey no less than 14 days and no more than 30 days prior to the beginning of ground disturbance and/or construction activities for the detection of listed, or otherwise special-status species, likely to be impacted by any project related activity. a) If known or natal dens are detected during the survey, protective measures enumerated in the USFWS Standardized Recommendations for Protection of Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (2011) shall be initiated. If the identified dens are unavoidable, pursuant to the guidelines, the CDFW and USFWS shall be contacted for additional guidance and take authorization. b) If Bakersfield cacti are identified during the survey, the CDFW shall be contacted for guidance concerning the feasibility of translocation. c) The survey or separate survey shall include a focus on the burrowing owl. The survey shall follow the methodology developed by the California Burrowing Owl Consortium (CBOC 1993). The applicant/developer shall follow CDFW protocol for mitigation and comply with the provisions of the Migratory Bird Treaty Act. Geology and Soils, Cultural Resources, and Tribal Resources Impacts Mitigation Measures: 4. Prior to construction and as needed throughout the construction period, a cultural awareness training program shall be provided to all new construction workers within one week of employment at the project site. The training shall be prepared and conducted by a qualified cultural resources specialist. 5. Prior to construction activities, the applicant/developer shall demonstrate adherence to the earthwork and grading, site preparation, over excavation and recompaction, shrinkage, bulking and subsidence factor, rippability and oversized material, seismic design parameters (2013 CBC), foundation recommendations, allowable bearing capacity, lateral load resistance, settlement estimates, slab-on-grade, exterior concrete, retaining walls, pavement design, temporary excavations, trench backfill, surface drainage and erosion, subsurface drainage, corrosivity of onsite soils, additional geotechnical exploration and services, as specified in the Preliminary Geotechnical Review, and as approved by the City Building Director. 6. During construction, if paleontological or cultural resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified cultural and/or paleontological resource specialist that meets the Secretary of the Interior’s Professional Qualification Standards can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required. These additional studies may include avoidance, testing, and excavation. All reports, correspondence, and determinations regarding the discovery shall be submitted to the California Historical Resources Information System’s Southern San Joaquin Valley Information Center at California State University Bakersfield. 7. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, Public Resources Code 5097.97, and Senate Bill 447 shall be followed. In the event of the discovery of human remains, at the direction of the county coroner, Health and Safety Code Section 7050.5(c) shall guide Native American consultation. Traffic Impact Mitigation Measures: 8. Prior to the issuance of building permits, the project applicant/developer shall participate in the Regional Transportation Impact Fee (RTIF) program by paying the adopted fees in place for the land use type at time of development. Cultural Impact Mitigation Measures: 9. If cultural resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. The applicant/developer of the project site shall submit documentation to the Development Services Department – Planning Division that they have met this requirement prior to further commencement of ground-disturbance activities and construction. 10. If human remains are discovered during grading or construction activities, all work shall cease in the area of the find pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.94, 5097.98 and 5097.99 of the California Public Resource Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. 11. Prior to ground-disturbance activities associated with this project, personnel associated with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e. archaeological sites, artifacts, features, burials, human remains, etc.) that may be encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. This training shall be conducted by representatives from the Tejon Indian Tribe or qualified archaeologist. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The applicant/developer of the project site shall submit documentation to the Development Services Department – Planning Division that they have met this requirement prior to commencement of ground-disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist and the Taejon Indian Tribe. The developer shall provide the Taejon Indian Tribe information on excavation depth of the construction site. Drainage Mitigation Measures contained in the Preliminary Drainage Study: 12. The applicant/developer shall provide storm water detention as specified in the Preliminary Drainage Study, and as approved by the City Public Works Department. EXHIBIT B GPA/ZC 22-0127 CITY OF BAKERSFIELD 05-5 05-5 LR 05-5 05-5 05-5 05-5 LR LR LR LR LR LR LR LR LR !!{ Q ,, :g ,, p n (6 C' i:I ~ 6 z .:, LR LR LR LR LR 00 ~~ <<. 001' LR LR LR LR LR LR LR LR 05-5 FROM: LR, GC, and OS-S1--------.1 To: HMR RAPHAEL AVE LR LR LR LR LR LR LR LEGEND (GENERAL PLAN LAND USE) RR Rural Residential 2.5 gross acres/dwelling unit ER Estate Residential I dwelling unit/net acre IR Suburban Residential S4 dwelling units/net acre IR/LR County, S 4 dwelling units/net acre City, S 7.26 dwelling units/net acre LR Low Density Residential S 7.26 dwelling units/net acre LMR Low Medium Density Residential > 4 but S IO dwelling units/net acre HMR High Medium Density Residential >7.26unitsbut S l7.42 dwelling units/net acre HR High Density Residential >17.42unitsbut S72.6 dwelling units/net acre H( Highway Commercial G( General Commercial M( Maior Commercial 0( Office Commercial MU( Mixed Use Commercial LI Lightlndustrial II Service Industrial HI Heavy Industrial P Public Facilities Pl Public/Private Schools PT Public Transportation Corridors P-IW Solid Waste Facilities 01 Open Space 01-P Parks and Recreation 01-1 llopes exceeding 30% R-IA Resource - Intensive Agriculture 20 acre minimum parcel size R-EA Resource - Extensive Agriculture 20 acre minimum parcel size 80 acre min (Williamson Act) R-MP Resource - Minerals & Petroleum 5 acre minimum parcel size UER Urban Estate Residential Western Rosedale Plan 0.5 acre net minimum parcel size WM West Ming Specific Plan 0 1:1 ~ BAKERSFIELD t Feet 300 600 2011_08_02_gpazc_AHH Page 1 of 2 RESOLUTION NO. RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM LR (LOW-DENSITY RESIDENTIAL), GC (GENERAL COMMERCIAL), AND OS-S (OPEN SPACE-SLOPES EXCEEDING 30%) TO HMR (HIGH-MEDIUM RESIDENTIAL), GENERALLY LOCATED EAST OF ALFRED HARRELL HIGHWAY BETWEEN ALLEGHENY COURT AND TUSCANY HILLS LANE (GPA/ZC NO. 22-0127). WHEREAS, McIntosh & Associates (applicant), on behalf of Aurora Borealis Development, LLC (property owner), is requesting: (1) an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from LR (Low-Density Residential), GC (General Commercial), and OS-S (Open Space-Slopes exceeding 30%) to HMR (High-Medium Residential); and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1-HD (One Family Dwelling-Hillside Development) and C-1/PCD-HD (Limited Commercial/ Planned Commercial Development- Hillside Development) to R-2-HD (Limited Multiple-Family Dwelling-Hillside Development) on approximately 37.43 acres generally located east of Alfred Harrell Highway between Allegheny Court and Tuscany Hills Lane (the “Project”); and WHEREAS, adoption of a Mitigated Negative Declaration for the project has been recommended; and WHEREAS, the Secretary of the Planning Commission set Thursday, March 20, 2025 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 proposed Project as required by Government Code Section 65353, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, the facts presented in the staff report 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 proposed Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, 20 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 and an initial study was completed. 3. The public necessity, general welfare, and good planning practices justify the Project. Page 2 of 2 4. The Project is compatible with the land use designations and development of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Project is hereby recommended for approval by the City Council located on the map as shown in Exhibit A, which is incorporated herein. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on the 20th of March 2025, on a motion by ______ and seconded _______, by the following vote. AYES: NOES: ABSENT: APPROVED _______________________________________ Daniel Cater, CHAIR City of Bakersfield Planning Commission Exhibits (attached): Exhibit A: Location Map EXHIBIT A GPA/ZC 22-0127 CITY OF BAKERSFIELD 05-5 05-5 LR 05-5 05-5 05-5 05-5 LR LR LR LR LR LR LR LR LR !!{ Q ,, :g ,, p n (6 C' i:I ~ 6 z .:, LR LR LR LR LR 00 ~~ <<. 001' LR LR LR LR LR LR LR LR 05-5 FROM: LR, GC, and OS-S1--------.1 To: HMR RAPHAEL AVE LR LR LR LR LR LR LR LEGEND (GENERAL PLAN LAND USE) RR Rural Residential 2.5 gross acres/dwelling unit ER Estate Residential I dwelling unit/net acre IR Suburban Residential S4 dwelling units/net acre IR/LR County, S 4 dwelling units/net acre City, S 7.26 dwelling units/net acre LR Low Density Residential S 7.26 dwelling units/net acre LMR Low Medium Density Residential > 4 but S IO dwelling units/net acre HMR High Medium Density Residential >7.26unitsbut S l7.42 dwelling units/net acre HR High Density Residential >17.42unitsbut S72.6 dwelling units/net acre H( Highway Commercial G( General Commercial M( Maior Commercial 0( Office Commercial MU( Mixed Use Commercial LI Lightlndustrial II Service Industrial HI Heavy Industrial P Public Facilities Pl Public/Private Schools PT Public Transportation Corridors P-IW Solid Waste Facilities 01 Open Space 01-P Parks and Recreation 01-1 llopes exceeding 30% R-IA Resource - Intensive Agriculture 20 acre minimum parcel size R-EA Resource - Extensive Agriculture 20 acre minimum parcel size 80 acre min (Williamson Act) R-MP Resource - Minerals & Petroleum 5 acre minimum parcel size UER Urban Estate Residential Western Rosedale Plan 0.5 acre net minimum parcel size WM West Ming Specific Plan 0 1:1 ~ BAKERSFIELD t Feet 300 600 2011_08_02_gpazc_AHH Page 1 of 2 RESOLUTION NO. RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE CLASSIFICATION FROM R-1-HD (ONE FAMILY DWELLING-HILLSIDE DEVELOPMENT) AND C-1/PCD-HD (LIMITED COMMERCIAL/ PLANNED COMMERCIAL DEVELOPMENT- HILLSIDE DEVELOPMENT) TO R-2-HD (LIMITED MULTIPLE-FAMILY DWELLING-HILLSIDE DEVELOPMENT), GENERALLY LOCATED EAST OF ALFRED HARRELL HIGHWAY BETWEEN ALLEGHENY COURT AND TUSCANY HILLS LANE (GPA/ZC NO. 22-0127). WHEREAS, McIntosh & Associates (applicant), on behalf of Aurora Borealis Development, LLC (property owner), is requesting: (1) an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from LR (Low-Density Residential), GC (General Commercial), and OS-S (Open Space-Slopes exceeding 30%) to HMR (High-Medium Residential); and (2) an amendment to Title 17 of the Bakersfield Municipal Code to change the Zone District from R-1-HD (One Family Dwelling-Hillside Development) and C-1/PCD-HD (Limited Commercial/ Planned Commercial Development- Hillside Development) to R-2-HD (Limited Multiple-Family Dwelling-Hillside Development) on approximately 37.43 acres generally located east of Alfred Harrell Highway between Allegheny Court and Tuscany Hills Lane (the “Project”); and WHEREAS, adoption of a Mitigated Negative Declaration for the project has been recommended; and WHEREAS, the Secretary of the Planning Commission set Thursday, March 20, 2025 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 proposed Project as required by Government Code Section 65353, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, the facts presented in the staff report 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 Californian, a local newspaper of general circulation, 20 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 and an initial study was completed. Page 2 of 2 3. The public necessity, general welfare, and good planning practices justify the Project. 4. The Project is compatible with the zone districts and development of surrounding properties and is consistent with the Metropolitan Bakersfield General Plan. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Project is hereby recommended for approval by the City Council, incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 located on the map as shown in Exhibit A and as specifically described in Exhibit B, all of which are incorporated herein. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on the 20th of March 2025, on a motion by _______ and seconded by _________, by the following vote. AYES: NOES: ABSTAIN: ABSENT: APPROVED __________________________________________ Daniel Cater, CHAIR City of Bakersfield Planning Commission Exhibits (attached): Exhibit A: Zone Change Map Exhibit B: Legal Description EXHIBIT A GPA/ZC 22-0127 R-1 R-1-HD CITY OF BAKERSFIELD R-1-HD R-1-HD R-1 R-1-HD R-1-HD R-1-HD R-1-HD R-1-HD R-1-HD R-1-HD R-1-HD R-1-HD R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1/P.U.D.-HD R-1/P.U.D. R-1/P.U.D. R-1/P.U.D. R-1/P.U.D.-HD R-1/P.U.D. FROM: R-1 HD and C-1/PCD-HD To: R-2-HD R-1 RAPHAEL AVE R-1-HD R-1 R-1 R-1-HD R-1 R-1 R-1 u LEGEND (ZONE DISTRICTS) R-1 One Family Dwelling 6,000 sq.ft. min lot size R-1-4.5 One Family Dwelling 4,500 sq.ft. min lot size EEstate 10,000 sq.ft. min lot size R-1 Residential Suburban 24,000 sq.ft./dwelling unit R-1-( ) Residential Suburban I, 2.5, 5 or 10 min lot size R-2 Limited Multiple Family Dwelling 4,500 sq.ft. min lot size (single family) 6,000 sq.ft. min lot size (multifamily) 2,500 sq.ft. lot area/dwelling unit R-3 Multiple Family Dwelling 6,000 sq.ft. min lot size 1,250 sq.ft. lot area/dwelling unit R-4 High Density Multiple Family Dwelling 6,000 sq.ft. min lot size 600 sq.ft. lot area/dwelling unit R-H Residential Holding 20 acre min lot size A Agriculture 6,000 sq.ft. min lot size A-20A Agriculture 20 acre min lot size PUO Planned Unit Development TT Travel Trailer Park MH Mobilehome (-0 Professional and Administrative Office (-1 Neighborhood Commercial (-2 Regional Commercial (.( Commercial (enter (-B Central Business PCO Planned Commercial Development M-1 Light Manufacturing M-2 General Manufacturing M-3 Heavy Industrial P Automobile Parking RE Recreation Ch Church Overlay 01 Open Space HOSP Hospital Overlay AO Architectural Design Overlay FP-P Floodplain Primary FP-1 Floodplain Secondary AA Airport Approach 01 Drilling Island PE Petroleum Extraction Combining I( Senior Citizen Overlay HO Hillside Development Combining WM-West Ming Specific Plan 0 I:' BAKERSFIELD t Feet 300 600 2011_08_02_gpazc_AHH EXHIBIT "B" ZONE CHANGE LEGAL DESCRIPTION PARCEL 1 OF LOT LINE ADJUSTMENT NO. P0l-0766, AS PER CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 26, 2001 AS INSTRUMENT NO. 0201191950 OF OFFICIAL RECORDS, BEING AN ADJUSTMENT OF PARCEL A OF LOT LINE ADJUSTMENT NO. P00-0614, AS PER CERTIFICATE OF COMPLIANCE RECORDED APRIL 12, 2001 AS INSTRUMENT NO. 0201048828 OF OFFICIAL RECORDS, AND PORTION OF PARCEL 9 OF AMENDED PARCEL MAP NO. 9900 RECORDED IN BOOK 51, PAGE 125 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO BEING A PORTION OF SECTION 10, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 10 MARKED BY A 2-INCH IRON PIPE WITH A WOOD PLUG "NO TAG", THENCE N 892 38' 28" E ALONG THE EAST-WEST MID SECTION LINE OF SAID SECTION 10, A DISTANCE OF 1121.83 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF ALFRED HARRELL HIGHWAY BEING THE POINT OF BEGINNING. SAID POINT IS ALSO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 1900.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS S 782 11' 52" E; THENCE (1) NORTHERLY ALONG SAID CURVE AND SAID EAST RIGHT-OF-WAY LINE OF ALFRED HARRELL HIGHWAY, THROUGH A CENTRAL ANGLE OF 162 20' 27", AN ARC LENGTH OF 541.88 FEET TO THE SOUTHWEST CORNER OF PARCEL 1 OF SAID AMEND AMENDED PARCEL MAP. NO. 9900, SAID POINT IS ALSO ON THE CENTERLINE OF OLD WALKER PASS ROAD, THE FOLLOWING FIVE COURSES ARE ALONG THE CENTERLINE OF SAID OLD WALKER PASS ROAD AND THE BOUNDARY OF PARCEL A OF SAID LOT LINE ADJUSTMENT NO. P00-0614; THENCE (2) N 80213' 46" E, A DISTANCE OF 72.29 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 1000.00 FEET; THENCE (3) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 082 09' 38", AN ARC LENGTH OF 142.43 FEET; .) ,) ,, THENCE (4) N 722 04' 08" E, A DISTANCE OF 622.04 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 1000.00 FEET; THENCE (5) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGEL OF 132 32' 22", AN ARC LENGTH OF 236.31 FEET; THENCE (6) N 852 36' 30" E, A DISTANCE OF 435.84 FEET TO A POINT ON THE NORTH-SOUTH MID SECTION LINE OF SAID SECTION 10; THENCE (7) S 002 45' 59" E ALONG SAID MID SECTION LINE, A DISTANCE OF 846.42 FEET TO THE CENTER OF SAID SECTION 10; THENCE (8) S 482 07' 5711 W, A DISTANCE OF 179.28 FEET; THENCE (9) S 782 30' 4911 W, DISTANCE OF 125.42 FEET; THENCE (10) N 712 10' 27" W, A DISTANCE OF 326.54 FEET; THENCE (11) S 612 42' 59" W, A DISTANCE OF 482.82 FEET; THENCE (12) S 002 00' 00" W, A DISTANCE OF 804.23 FEET; THENCE (13) N 672 35' 38" W, A DISTANCE OF 138.63 FEET; THENCE (14) N 622 23' 0811 W, A DISTANCE OF 104.39 FEET; THENCE (15) N 522 20' 48" W, A DISTANCE OF 109.16 FEET; THENCE (16) N 492 56' 37" W, A DISTANCE OF 150.65 FEET; THENCE (17) N 152 01' 27" E, A DISTANCE OF 362.02 FEET; THENCE (18) N 742 58' 33" W, A DISTANCE OF 300.00 FEET TO A POINT OF THE EAST RIGHT-OF- WAY OF SAID ALFRED HARRELL HIGHWAY; THENCE (19) N 152 01' 27" E ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 276.03 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 1900.00 FEET; THENCE (20) NORTHEASTERLY ALONG SAID CURVE AND SAID EASTERLY RIGHT-OF-WAY LINE C THROUGH A CENTRAL ANGEL OF 032 13' 19", AN ARC LENGTH OF 106.84 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN THEN 1/2 OF THE SW 1/4 OF SECTION 10, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., ALL OIL AND GAS DEPOSITS IN THE LANDS SO SELECTED AND TO IT OR PERSONS AUTHORIZED BY IT, THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE OIL AND GAS DEPOSITS FROM THE SAME UPON COMPLIANCE WITH THE CONDITIONS AND SUBJECT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF JULY 17, 1914 (38 STAT. 509) AS EXCEPTED IN THE PATENT FROM THE UNITED STATES OF AMERICA, RECORDED OCTOBER 11, 1918 IN BOOK 17, PAGE 175 OF PATENTS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN THE NORTHWEST 1/40F SECTION 10, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., ALL MINERALS AND MINERAL RIGHTS, INCLUDING OIL, GAS, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES, IN, ON, UNDER AND ABOUT SAID PREMISES HEREINABOVE DESCRIBED, AND THE RIGHT OF DEVELOP, EXTRACT AND REMOVE THE SAME FROM, AND TO BORE AND DIG THEREFOR UPON, IN AND UNDER, SAID PREMISES, AND TO SINK WELLS, SHAFTS AND DRIFTS, AND TO CONDUCT ANY AND ALL OTHER OPERATIONS WHICH THE SAID PARTY OF THE FIRST PARTY, IT SUCCESSORS OR ASSIGNS, MAY DEEM NECESSARY, AND TO ERECT, MAINTAIN, USE AND OPERATE UPON AND ACROSS, AND TO CHANGE THE LOCATION OF AND REMOVE FROM SAID PREMISES, ANY AND ALL BUILDINGS, EQUIPMENT, TANKS, MACHINERY, PIPE LINES, POWER LINES, TELEGRAPH OR TELEPHONE LINES, WITH THE NECESSARY POLES AND ADJUNCTS, DITCHES OR OTHER STRUCTURES OR CONSTRUCTIONS, WHICH THE PARTY OF THE FIRST PART, ITS SUCCESSORS OR ASSIGNS, MAY DEEM SUITABLE OR CONVENIENT FOR THE EXTRACTION, MINING, HANDLING, STORING, TRANSPORTATION OR OTHER TREATMENT OF PETROLEUM, OIL OR OTHER HYDROCARBON SUBSTANCES BY WHATEVER NAME KNOWN, OR OTHER MINERALS OF ANY KIND OF NATURE, AND THE RIGHT TO TRANSPORT ANY PETROLEUM, OIL OR OTHER HYDROCARBON SUBSTANCES OR MINERALS, WHETHER OBTAINED FROM SAID PREMISES OR FROM OTHER LANDS, ACROSS SAID PREMISES, AND THE RIGHT OF EGRESS FROM AND INGRESS TO SAID PREMISES, AND ALL PROPER RIGHTS OF WAY OVER SAID PREMISES, AND THE RIGHT TO A REASONABLE USE OF WATER NECESSARY FOR THE ENJOYMENT FOR THE RIGHTS SO EXCEPTED AND RESERVED, AS RESERVED BY H & W PIERCE INCORPORATED, A CORPORATION, RECORDED OCTOBER 11, 1918 IN BOOK 336, PAGE 399 OF DEEDS. BY "QUITCLAIM DEED" RECORDED AUGUST 4, 2000 AS INSTRUMENT NO. 0200095688 OF OFFICIAL RECORDS, ALL RIGHT OF SURFACE ENTRY ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE OF SAID LAND WERE QUITCLAIMED. APN: 386-050-38-00-9