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HomeMy WebLinkAboutRES NO 223-88RESOLUTION NO. 223-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS THAT NO MAJORITY WRITTEN PROTEST HAS BEEN FILED AND ORDERING THE TERRITORY DESIGNATED AS PROCEEDING NO. 974, ANNEXATION NO. 324 (RENFRO NO. 1), ANNEXED TO THE CITY OF BAKERSFIELD. (WARD 4) WHEREAS, Resolution of Application No. 93-88, dated June 8, 1988, was submitted to the Local Agency Formation Commission of Kern County ("Commission") for the annexation of territory to the City of Bakersfield designated as Proceeding No. 974, Annexation No. 324 (Renfro No. 1); and WHEREAS, a duly noticed public hearing upon said pro- posal was held before the Commission on the 25th day of October, 1988; and WHEREAS, following said public hearing the Commission, on October 25, 1988, adopted its Resolution Making Determin- ation, being Resolution No. 88-38, recorded in Minute Book 35 of said Commission; and WHEREAS, on October 27, 1988, the City Clerk of the City of Bakersfield set Wednesday, NOVEMBER 16, 1988, at the hour of 7:00 P.M. (or as soon thereafter as the matter may be heard) in the Council Chambers of the City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place of hearing on the proposed annexation and the owners of land within the said territory were duly informed of their right to file written pro- tests against the annexation with the City Clerk at any time prior to the conclusion of the hearing on the proposed annexation; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. In accordance with Sections 57075 and 57078 of the Government Code, it is hereby found that written protests, if any, filed and not withdrawn prior to the conclusion of the hearing represent landowners owning less than 50 percent of the assessed value of the land within the territory to be annexed. 2. The description of the exterior boundaries of the territory annexed ~s contained in Exhibit "A" and shown on the map marked Exhibit "B", both are attached hereto and incorporated in this Resolution as though fully set forth herein. 3. That the said territory designated as Proceeding No. 974, Annexation No. 324 (Renfro No. 1), and described herein, and every part thereof, is hereby ordered annexed to the City of Bakersfield, subject to the following conditions: (1) Lots located along the northern boundary of the project and on 20 acres east of Jenkins Road shall be restricted to a minimum of size of 24,000 square feet. Total den- sity over the 140-acre site shall not exceed an average of 2.8 units per "net" acre ("net" is defined as gross acreage less school, park and oil drilling sites). All other residential lots shall be not less than 8,500 square feet in area. (2) Developer(s) shall comply with all fire and life safety conditions required by the Bakersfield Fire Department, as follow.s: a) Buildings shall not be constructed within 100 ft. of oilwells or injection wells. b) Public streets shall not be constructed within 75 ft. of oilwells or injection wells. c) No building used as a place of assembly, institution or school shall be constructed within 300 ft. of a well. d) Perimeter of well site shall have a minimum $ ft. high block wall with front yard setbacks and land- scaping installed with at least three strands of barbed wire mounted at a 45-degree angle from the top of the wall. A minimum of two gates, as nearly opposite to each other as is practical, shall be installed. e) Gas-driven engines shall be replaced with electric motors. f) Perimeter of oil storage facility site shall have an 8 ft. high concrete block wall with front yard set- backs and landscaping installed with at least three strands of barbed wire mounted at a 45-degree angle from the top of the wall. A minimum of two gates, as nearly opposite to each other as is practicable, shall be installed. g) h) i) k) 1) m) n) Oil storage tanks shall have a 8 ft. concrete block wall with front yard setbacks and landscaping installed around perimeter of tanks capable of containing the greatest amount of liquid that can be released from all tanks. Block wall shall effec- tively isolate other production equipment in facility site. A minimum of two stairways, opposite to each other shall be installed. Provi~ion shall be made for draining excess water from diked area of storage tanks into a containment area. A valve, operable from outside the dike, shall be provided in the dike system and shall normally be kept closed. Control of drainage shall be accessible under fire conditions. Property line of residential properties and public way shall be at least 50 ft. from tanks. Pipelines and flowlines shall be rerouted along pro- posed streets, and not under residences. A minimum of 48 in. depth shall be maintained. Those lines not necessary for operations shall be removed. Existing emergency flare at southeast corner of oil facilities site shall be equipped with an automatic ignition system to provide means for smokeless burn- ing of vapors or gases upon any equipment failure or shutdown. Flare shall be forced air blower and to conform to Air Pollution Control District (APCD) requirements and permit to be obtained. Flare system shall be designed so that it is a horizontal position and a shield shall be installed around flare to reduce visibility at night. Heates Treater-Glycol Reboiler site shall have a 6 ft. high concrete wall installed with at least three strands of barbed wire mounted at a 45-degree angle from the top of the wall. A minimum of two gates, as nearly opposite to each other as is practicable, shall be installed. A minimum distance separation of 100 ft. shall be main- tained from existing Heater-Treater-Glycol Reboiler site to nearest residential property. A complete water analysis of waste water being injected shall be taken yearly by oil company from as close to the wellhead as possible and a copy mailed to the Bakersfield Fire Department. - 3 - (3) (4) o) Other applicable regulations as required by the 1982 edition of the Uniform Fire Code, California Division of Oil and Gas and the American Petroleum Institute's Recommended Practice 14c or as hereafter adopted, shall be satisfied. P) Temperature Sensing Elements (TSE's) shall be required over hatches of all tanks and near truck loading connections. TSE's to effectively shut down operations in case of fire. Flame arrestor shall be installed on tanks to prevent flame migration back to tank. q) A sub~surface application system of "Light Water" brand AFFF shall be installed in storage tanks (check with Bakersfield Fire Department for design require- ments). r) Storage of foam concentrate and equipment shall be accessible location not exposed by the hazard they protect. s) Hydrant water supply requirements shall be a minimum of 3,1100 gpm at 20 psi minimum. If requirements can- not be met, pump shall be installed to meet minimum requirements. A habitat conservation plan interim mitigation fee shall be paid prior to issuance of a building permit. The fee will be based on the current adopted charges at the time of issuance of the building permit or payment of the fee before issuance of the building permit. The current fee is $680 per gross acre. The following will also be required: Prior to ground disturbance, all active kit fox dens shall be identified by a qualified representative of the applicant. Dens identified as active shall be hand- excavated and any animals found will be allowed to escape unharmed. This measure will be overseen by a city official, U.S. Fish and Wildlife Agent or local biologist approved by the City Planning Department. Offers of dedication are required to allow for construc- tion to arterial standards of Renfro Road and Stockdale Highway. Such offers of dedication shall include suffi- cient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. - 4 - (5) (6) (7) (8) (9 (10 (11 The right-of-way width of a standard arterial is 110' with additional widening at intersections and additional area to permit 10' of landscaping behind the combination sidewalk. All offers of dedication, fully executed, shall be sub- mitted to the City prior to development within the GPA area or recordation of any subdivision map. If the applicant proposes to relocate the Pioneer Canal, it shall oe to a location approved by the City Engineer. If it's to be relocated adjacent to Stockdale Highway, sufficient clearance shall be given to enable Stockdale Highway to be constructed to its full, expanded, and landscaped arterial width. The applicant shall construct full width canal crossings required as a result of the canal relocation, the widen- ing of Renfro Road and Stockdale Highway, and the exten- sion of Jenkins Road to Stockdale Highway. The Pioneer Canal relocation and full width canal cross- ings listed in Items 4 and 6 shall either be completed, prior to development within the GPA area or recordation of any subdivision map, or the applicant shall enter into an agreement with the City and post approved secu- rity for their completion within one year. All street paving sections are to R-value tests using traffic index the Traffic Engineer. be determined based on values established by Prior to recordation of any subdivision map or issuance of a building permit, the subdivider/developer shall pro- vide park acreage or pay in-lieu fees in accordance with adopted standards of the North Bakersfield Recreation and Park Dist~ict. Park acreage or in-lieu fees shall be provided by subdivider/developer in accordance with North Bakersfield Recreation and Park District adopted standards and the District Service Agreement between that District and the City of Bakersfield. The applicant shall initiate either formation of a new landscape maintenance district or incorporation into an existing maintenance district prior to recordation of any subdivision map or issuance of a building permit within the GPA area. - 5 - 12) 13) 14) (15) (16) Upon subdivision or development, the subdivider/developer shall be responsible for at least half width landscaped median islands in Stockdale Highway and Renfro Road for the extent of the project. Sewer service is available south of Stockdale Highway. At the time of development or subdivision, the developer/subdivider shall extend the sewer line from the developments south of Stockdale Highway to provide sewer service to the site. He shall also be responsible for payment of modifications to the existing lift station and sewer system. Prior to ~ecordation of a subdivision map or development, the subdivider/developer shall enter into an agreement with the City and post approved security to guarantee payment o~ his share of costs involved in traffic signal construction at the following intersections: Renfro Road and Johnson Road Renfro Road and Stockdale Hwy. Stockdale Hwy. and Jenkins Rd. $21,000 $17,000 $38,000 (21% of $100,000) (17% of $100,000) (38% of $100,000) Payment shall be made to the City upon demand at the time said fund.~ are required for signal construction. The future "Westside Freeway" alignment shown on the Circulation Element of the General Plan Update extends through this project area. The area within the proposed right-of-way for said freeway (an area 200 feet wide along the entire northern boundary) shall, as heretofore agreed upon by the applicant, be included within the last phase of subdivision development of the property, and no final map shall be approved for such area until two years from approval of this GPA, unless an alignment of such freeway which does not cross such area is formally adopted by the City and County and approved by Caltrans prior to such time. The applicant shall provide an overall drainage study and initiate proceedings for a Planned Drainage Area, if necessary. The drainage study shall be submitted to and approved by the City Engineer, the required drainage basin site(s) and necessary easements deeded to the City, and the Planned Drainage Area formed prior to submittal of any subdivision map or development plan within this area. - 6 - (17) (18) Developer shall hold 10 acres available within the subdi- vision for the future construction of one elementary school (location to be coordinated with school district) as per correspondence dated November, 1987. The applicant has amended the project description to include the two additional conditions: a) Inasmuch as possible, the applicant shall eliminate through access from Jenkins to Morroco. b) Upon final map recordation, the applicant shall restrict the size of homes on the easterly 20 acres to 2,000 square feet by the CC&R's. 4. That the Clerk shall forthwith transmit a certified copy of this resol'~tion ordering a change of organization, along with any required ~emittance to cover the fees required by Section 54902.5 of the Government Code, to the Executive Officer of the Local Agency Formation Commission of Kern County. 5. That the Executive Officer of the Commission is hereby requested to prepare and execute a certificate of comple- tion and make the filings required by Part 4, Chapter 8 of the Cortese-Knox Local Government Organization Act of 1985 and record a certified copy of the certification of completion with the recorder of Kern County, with the surveyor of Kern County and with the Clerk of '~he City of Bakersfield. .......... o0o .......... - 7 - I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on November 16~ 1988 _, by the following vote: AYES: COUNClLMEMBEP~: CHILDg. DeMONO,.SMITH. RAITY~ Im~",~q~ON. M~O~RMOTT NOES: COUNCII..MEM~ERS: i',l o n e ABSENT: COUNCII.MEM~IERB: None ABSTAINING: COUNCILMEMBER~: Nor~m CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED November ]6] 1988 MAYOR of the City of Bakersfield APPROVED as to forln: fity fof Bakersfield AJS/meg ,-~ '/ Attachments '~' Exhibit "A" Exhibit "B" A ANEX 4 HNG.RENi.1 11/7/88 - 8 - EX[I[B[T "A" ANNEXAT [ON 324 RENFRO NO. 1 A parcel of land situated in the County of Kern, State of Califo~nia, being a portion of Sections 34 and 35, Township 29 South, Range. 26 East, M.D.B.&M. and Sections 2 and 3, Township 30 South, Range 26 · East, M.D.B.&M., more particularly described as follows: Beginning at a point of intersection of the West line of the East 30 Feet of the Northeast 1/4 of said Section 3 and the South line of the North 30 Feet of the Northeast 1/4 of said Section 3, said point being on the existing corporate boundary of the City of Bake rs f le ld; Thence (1) West, along said South llne, 25 feet to a point on the West line of tJ~e East 55 feet of the Northeast 1/4 of said Section 3; Thence (2) North along said West line, 30 feet to a point on the. South line of said Section 34; Thence (3) col]tinuing North along West line of the East 55 feet of said Section 34, a distanu~e of 1,323.41 feet to a point on the ,North br~.lnd,~ry line of Par. cel ~.~p 7660 f~l.ed Decemt~ 17, i905 in Map Book 32, Page 157 in the O~fice of the Recorde~ of the CoJnty of Kern; Thence (4) East along said North boundary 25 feet to a point on the West line of the East 30 feet of said Section 34; Thence (5) North along said ~est llne, 661.99 feet mo~e o~ less to a point o~ intersection of said West line and the North line of the South 1/2 of the North 1/2 of the Southeast 1/4 of said Section 34; Thence (6) East along said North line, 30 feet to a point on the East li~ of said Section 34, said point also being the Centerline of Renfro Read (Co. Rd. No.970) and the Southwest corner of Parcel Map 3502 filed May 17, 1976 per Map Book 15, Page 193 in the Office of the Recorder of the County of Kern; Thence (7) East along the North line of the South 1/2 of the Nocth 1/2 o~ tho Southwest 1/4 of sa[r] Section 35, a distance of 2,637.08 feet mo~e or less, to the East line of the Southwest 1/4 of said Section 35; Thence (8) South along said East line, 331.34 feet more o~ less, to the Northwest co~ner of Tract 3964 filed Ma~ch 12, 1981 pe~ Map Book 30, Page 188 in the Office of the Recorder of the County of Kern; Thence (9) North 89'40'23" East along North boundary line of said Tract 3964, 45 feet to the East right-of-way line of Jenkins Road; 4:/~INEX. RENF PP: ag Thence (]0) South 0028'29" En.~t along satd East right'of-way, 330.001 feet t'o the South right-of-way line of San Simeon Avenue; Thence (11) North '89'40'23" East along said South right-of-way line, 658.971 feet to the Northwest corner of Lot 19 and a point on tJ~e West boundary line of said Tract 3964; Thence (12) South 0°26'17" East, along said boundary line, 1,270.57 feet to a point on the North llne 'of the South 51.00 feet of said ~ction 35; Thence (13) Easterly along said North line 322.48 feet to the begin ntng of a 2055 foot radius curve concave to the South, being 55.00 feet northerly of and parallel with that 2000 foot radius center line curve for Stockdale Highway as shown on Tract 4188 filed July 28, 1981 per Map Book 31, Page 44 in the office of the Recorder of the County of Kern; Thence (14) Easterly along said curve through a central angle of 07'31'25" an arc distance of 269.85 feet; Thence (15) S¢~th 81'50'43" East along a line parallel with and 55.00 feet Northeasterly of, as measured perpendicularly from the new Centerline. of Stockdale Highway as shown on Tract 4444, Unit A filed September 3, 1985 per Map Book 34, Page 146 in the office of the Recorder of the County of Kern, a distance of 125.52 feet to the beginning of a 1,945.00 foot radius curve concave to the North; Thence (16) Easterly along said curve through a central angle of 07~31'25" an arc distance of 255.40 feet to a tangent point on U]e North llne of said Section 2; Thence (17) S(~th 89'22'08" East along said North line, 1,003.87 feet m~re or less, to the Northeast corner of said Section 2 as shown on Parcel Map 4687 filed February 13, 1979 per Map Book 22, Page 76 in the office of the Recorder of the County of Kern; Thence (18) South 0°31'36" West along the East line of said Section 2, a distance of 2.89 feet more or less, to a point on the South right-of-way line of Stockdale Highway (Co. Rd. No.696) also being a point on the existing Corporate Boundary of the City of Bakersfield; Thence (19) Westerly along said Corporate Boundary to the Point of Beginning. CONTAINING 149.20 ACRES, MORE OR LESS 4:ANEX.RF2qF2 PP~ag T, 29S, R, 2~ E, ANNEXATION OF EXHIBIT "B"