HomeMy WebLinkAboutORD NO 4262
ORDINANCE NO. ~ '2 6 2
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17,06.020 (ZONE MAP NO.1 04-17) OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM AN R-1 (ONE FAMILY DWELLING)
ZONE TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE ON 183.84
ACRES TO ALLOW A GATED SENIORS RESIDENTIAL
DEVELOPMENT GENERALLY LOCATED BETWEEN PALADINO AND
PANORAMA DRIVES, MASTERSON STREET AND VINELAND ROAD,
(FILE # 04-1572).
WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of
the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a
petition to change the land use zoning of those certain properties in the City of Bakersfield generally
located between Paladino and Panorama Drives, Masterson Street and Vineland Road; and
WHEREAS, by Resolution No.67-05 on June 2,2005, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve a PUD (Planned Unit Development) zone as delineated on attached Zoning Map NO.1 04-17
marked Exhibit "D", by this Council and this Council has fully considered the recommendations made
by the Planning Commission as set forth in that Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact which warranted a negative declaration of environmental impact
and changes in zoning of the subject property from an R-1 (One Family Dwelling) zone to a PCD
(Planned Commercial Development) zone on 183.84 acres to allow development of a single family
residential homes limited to senior residents and a private community facility including a lodge
building and various recreation amenities in a gated private street neighborhood shown in attached
Exhibit "C"; and
WHEREAS. the Council has considered said findings and all appear to be true and
correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declaralions, as set forth in CEQA and City of Bakersfield's CEQA Implementalion
Procedures, have been duly followed by city staff, Planning Commission and Ihis Council; and
WHEREAS, a Negative Declaration was advertised and posted on May 11, 2005, in
accordance with CEQA; and
WHEREAS, the general plan designation for this area allows low density residenlial
development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
1.
All required public notices have been given
2.
The provisions of the California Environmental Quality Act (CEQA) have been followed,
3.
The Droiect must be aranted a "de minimis: exemotion with resoect to the oavment of ~h
and Game Section 711 fees. Based on the absence of evidence in the record as re~ ~~1>
by Section 21082.2 of the State of California Public Resources Code (CEQA) JP'r the ~
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purpose of documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with regard to
wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance
with Section 711 of the State of California Fish and Game Code, Additionally, the
assumption of adverse effect is rebutted by the above-referenced absence of evidence in
the record and the Lead Agency's decision to prepare a Negative Declaration for this
project.
4. The public necessity, general welfare and good zoning practice justify the requested
change of zone from an R-1 (One Family Dwelling) zone to a PCD (Planned
Commercial Development) zone.
5. The overall design of the project, as conditioned, is consistent with the goals and
policies of all elements of the general plan,
6. The conditions of approval, attached hereto as Exhibit "1" are needed to provide for
orderly development, and the public health, welfare and safety; and
7. Pursuant to BMC Section 17.52,070 find that:
A. The proposed planned unit development zone and preliminary development
plan is consistent with the general plan and objectives of this ordinance;
B. The proposed development will constitute a residential environment of
sustained desirability and stability, and it will compliment and harmonize with
the character of the surrounding neighborhood and community; and
C, The proposed development justifies exceptions from the normal application of
this code in that it integrates such elements as the location of structures,
circulation pattern, parking, open space, utilities and other amenities, together
with a program for provision, operation and maintenance of all areas,
improvements, facilities and services provided for the common use of persons
occupying or utilizing the property.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration is hereby approved and adopled.
3. Section 17.06,020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be and the same is hereby amended by changing the land use zoning of that certain
property in said City, the boundaries of which property is shown on Zoning Map, No. 104-17 marked
Exhibit "0" attached hereto and made a part hereof, and are more specifically described in attached
Exhibit "E ".
4. Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A".
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SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective not less than thirty (30) days from and after the date of its passage,
--------000---------
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the
Council of the City of Bakersfield at a regular meeting thereof held on
AUG 1 7 2005 by the following vote:
~
NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
~
PAMELA A. McCART . CMC
CITY CLERK and Ex 0 Icio Clerk of the
Council of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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By: IJ( J«th I V' "'l(}
Exhibits: A. Conditions.
B. Location Map.
C. PUD site plan, landscaping plan and elevations
D. Zone Map 104-17
E. Legal Description
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EXHIBIT "A"
CONDITIONS OF APPROVAL
ZONE CHANGE 04-1572
CITY ATTORNEY
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 or
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,
FIRE
2. Prior to recordation of a final map containing any "alley-loaded" lots, the subdivider shall install
any location maps and/or directory, and the address of the home on both sides home (alley-side
and paseo/street-side) as determined by the Fire Department.
3. The secondary emergency access shall be constructed in accordance with the plan included in
attached Exhibit "3" as approved by the Fire Department
Fire Dept conditions provide for the public health, welfare, and safety.
PLANNING
4. Subdivision shall provided minimum 8,400 square foot size lots in the first tier along the south side
of Paladino from Masterson Street west for a distance of 2,000 feet.
GPA/ZC # 99-0647 condition per City Council Resolution #137-00.
5, The "Lodge Site" (recreation facility on 7.5 acres) shall be developed by the subdivider prior to
recordation of Phase 2. The site shall be developed in accordance with the related Planned Unit
Development Zone Change #04-1572.
Provides for the public health and welfare.
6. Subdivider shall comply with the Geotechnical Hazards Report and Addendum #1 for the areas
affected (eastern portion of project site) by the Alquist-Priolo Seismic Zone. 'òAK~
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PUD ZC 04-1572
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Provides for the public health, welfare, and safety.
6. Homeowners association or entity approved by City Attorney shall be required to maintain the
private recreation facility, wrought iron fencing, all private common areas including landscaping
and greenbelts,
7. All development shall be consistent with approved Vesting Tentative Tract 6444 and P.U.D Zone
Change # 04-1572 plans as submitted unless changed in response to conditions as approved by
the Planning Director and Public Works Director.
8. A covenant or other instrument approved by the Planning Director and City Attorney shall be
recorded limiting this development to senior residents with one resident with a minimum age of 55
years. The covenant or other instrument shall be submitted to the Planning Department for
review and approval prior to recordation, The homeowners association shall be responsible for
enforcing this requirement.
9. Dwelling Unit Setbacks approved as follows:
Front yard setback:
Rear yard setback:
Side yard setback:
15-foot
1 O-foot
5-feet, except where clear sight line is required (must comply
with clear sight line ordinance).
10. Garage Setbacks approved as follows:
Front and side yards setback for Garage: 20 feet
Rear yard setback for Garage (3600 Series): 5 feet
11. Title to the public parks located within the City in the Hills Master Parks Plan shall have been
accepted by City of Bakersfield prior to issuance of occupancy of any dwelling unit or the
recreational facility
12. Staff recommends that the walls adhere to the minimum City standard of using split face block on
a maximum of 25% of the wall face for texture, requiring a manufactured cap on the wall. The
ornamental iron wall plan for walls shall be maintained by the homeowners association,
13. Approve the freestanding planter with subdivision identification signage at the northeast corner of
Panorama Drive and Vineland Street. The sign area may not exceed 32 square feet. Subdivider
shall obtain approval of the landscape and planter plans from the Parks Department prior to
installation. The Parks Department shall have final approval of all plant and sign materials. A Sign
Permit from the Building Department is required.
MITIGATION MEASURES FROM CITY IN THE HILLS EIR (GPAlZC 99-0647: Certified CC Resolution
NO.136-00 & 137-00: November 15, 2000: except as noted)
14. Aesthetics.
14.1
Prior to the issuance of grading permits, the project applicant shall prepare landscape plans for th~K
project area to provide visual relief from project structures, «. 'õ 1::-,;
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Exhibit "A"
PUD ZC 04-1572
Page 3 of 12
14.2 Prior to the issuance of building permits, the project applicant shall outline specifications or outdoor
lighting locations and other intensely lighted areas. The specifications shall identify minimum
lighting intensity needs and design lights to be directed towards intended uses. Methods to reduce
light impacts may include low-intensity light fixtures and hooded shields.
14.3 Prior to the issuance of building permits, the project applicant shall submit and obtain City approval
of lighting plans. The lighting plans shall verify that outdoor lighting on private residences is
designed so that all direct rays are confined to the site and that adjacent residences are protected
from substantial light and glare.
15. Air Qualitv (from "Air Qualitv Impact Studv for Tentative Tract 6406," (December 2004 bv
WZl.lnc.):
15.1. Mitigation Measures for Construction Equipment Exhaust
The following mitigation measures should be utilized during the construction phase of the project
to reduce construction exhaust emissions. These mitigation measures are stated in the GAMAQI
guidance document as approved mitigation for construction equipment:
· Properly and routinely, maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods of time to reduce emissions
associated with idling engines.
· Encourage ride sharing and use of transit transportation for construction employee
commuting to the project sites.
· Use electric equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
· Curtail construction during periods of high ambient pollutant concentrations; this may
include ceasing of construction activity during the peak-hour of vehicular traffic on
adjacent roadways.
15.2 Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures set forth under
Regulation VIII, Fugitive PM,o Prohibitions of the San Joaquin Valley Air Pollution Control District.
The following mitigation measures, in addition to those required under Regulation VIII, can reduce
fugitive dust emissions associated with these projects:
· All disturbed areas, including storage piles, which are not being actively utilized for
construction purposes, shall be effectively stabilized of dust emissions using water,
chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative
ground cover.
· All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized
of dust emissions using water or chemical stabilizer/suppressant.
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and
demolition activities shall be effectively controlled of fugitive dust emissions utilizing
application of water or by presoaking.
· When materials are transported offsite, all material shall be covered, or effectively wetted
to limit visible dust emissions, and at least six inches of freeboard space from the top of~~~
container shall be maintained. 0'<. ('1-
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PUD ZC 04-1572
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o All operations shall limit or expeditiously remove the accumulation of mud or dirt from
adjacent public streets at the end of each workday, (The use of dry rotary brushes is
expressly prohibited except where preceded or accompanied by sufficient wetting to limit
the visible dust emissions. Use of blower devices is expressly forbidden)
o Following the addition of materials to, or the removal of materials from, the surface of
outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions
utilizing sufficient water or chemical stabilizer/suppressant.
o Within urban areas, trackout shall be immediately removed when it extends 50 or more feet
from the site and at the end of each workday.
o Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
o Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District
Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving
materials.
o Cease grading activities during periods of high winds (greater than 20 mph over a one-hour
period).
o Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
constructions site.
o Implementation of carryoutltrackout mitigation measures, such as gravel pads, in
accordance with the requirements of SJVUAPCD Regulation VIII.
16. Bioloaical Resources.
SDecial Status Scecies
16.1 Prior to the issuance of a grading permit, the project applicant shall pay a development fee in
accordance with the Metropolitan Habitat Conservation Plan (MBHCP).
16.2 Prior to the issuance of a grading permit on the project site, the project proponent shall comply
with all appropriate terms and conditions of the MBHCP. The MBHCP requires certain take
avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and
excavation shall be followed to prevent entrapmenl of kit fox in dens. Specific measures during
the construction phase of the project shall be implemented and include the following:
a) A preconstruction survey shall be conducted prior to site grading to search for active kit
fox dens. The survey shall be conducted not more than 30 days prior to Ihe onset of
construction activities in areas subject to development to determine the necessity of den
excavation.
b) Monitoring and excavation of each known San Joaquin kit fox den which cannot be
avoided by construction activities shall occur.
c) Notification of wildlife agencies of relocation opportunity prior to ground disturbance in
areas of known kit fox dens shall be provided.
d) Excavations shall either be constructed with escape ramps or covered to prevent kit fox
entrapment. All trenches or steep-walled excavations greater than three feet shall include
escape ramps to allow wildlife to escape. Each excavation shall contain at least one
ramp, with long trenches containing at least one ramp every Y. mile. Slope of ramps shall
be no steeper than 1: 1.
e) All pipes, culverts or similar structures with a diameter of four inches or greater shall be
kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they
will be inspected prior to burial or closure to ensure no kit foxes, or other protected
species, become entrapped. x'i>!\K(?,
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PUD ZC 04-1572
Page 5 of 12
f) All employees, contractors, or other persons involved in the construction of the project
shall attend a "tailgate' session informing them of the biological resource protection
measures that will be implemented for the project. The orientation shall be conducted by
a qualified biologist and shall include information regarding the life history of the protected
species, reasons for special status, a summary of applicable environmental law. and
measures intended to reduce impacts,
g) All food, garbage, and plastic shall be disposed of in closed containers and regularly
removed from the site to minimize attracling kit fox or other animals.
16.3 Because "take" of blunt-nosed leopard lizards is also currently prohibited by Section 5050 of the
California Fish and Game Code, additional mitigations are necessary in addition to those required
by the MBHCP. The following measures are recommended to comply with this Section 5050:
a) Surveys for blunt-nosed leopard lizards shall be conducted following CDFG protocols.
These surveys should be conducted between April 15 and June 30 under the specified
time and temperature conditions. This survey is necessary to determine the current status
of blunt-nosed leopard lizards on the project site.
b) If blunt-nosed leopard lizards are detected, the applicant shall submit methods for
compliance with Fish and Game Code Section 5050 to CDFG for review and approval.
Note: Studies for blunt-nosed leopard lizard are valid for one year.
RaDtor Nest Disturbance
16.4 Prior to the issuance of a grading permit, the project applicant shall comply with the following
raptor nest mitigation:
a) If site grading is proposed during the raptor nesting season (February-September), a
focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to
grading activities in order to identify active nests in areas potentially impacted by project
implementation.
b) If construction is proposed to take place during the raptor nesting/breeding season
(February - September), no construction activity shall take place within 500 feet of an
active nest until the young have fledged (as determined by a qualified raptor biologist).
Any nests that must be removed as a result of project implementation shall be removed
during the non-breeding season (October-January).
c) Preconslruction surveys shall include a survey for burrowing owl. If active burrowing owl
burrows are detected outside of breeding season (September 1 through January 31),
passive and/or active relocation efforts may be undertaken if approved by CDFG and
USFWS. If active burrowing owl burrows are detected during breeding season (February
1 Ihrough August 31), no disturbance to Ihese burrows shall occur wilhout oblaining
appropriate permitting through the Migratory Bird Treaty Act.
Sensitive Habitat/Jurisdictional Areas
16.5 A formal jurisdictional delineation will be conducted. If project development would impact
jurisdictional areas, a Clean Water Act. Section 404 permit from USACE and/or a CDFG Section
1601 Streambed Alteration Agreement will be obtained from USACE and/or CDFG respectively
prior to the issuance of a grading permit and/or approval of plans and specifications. USACE and
CDFG typically require mitigation plans to be prepared prior to the loss of habitat within
jurisdictional areas.
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Indirect ImDacts
16,6 The following invasive exotic plants shall not be used in any project residential or commercial
landscaping: tamarisk (all species) and pampas grass. In addition, vegetation at any ponds or
water features shall be managed in a way such that none of the invasive exotic plants listed by
the Department of Agriculture allowed to become established, Typical invasive exotic plants that
can become problematic in this region include: water hyacinth and pampas grass.
16,7 During construction, site boundaries shall be clearly marked with flagging, fencing, or other
suitable material to prevent construction equipment and vehicles from impacting
adjacent habitat areas potentially occupied by special status species.
17. Archaeoloaical/Historical:
If cultural resources are unearthed during construction activities, all work shall be halted in the area
of the find. A qualified archaeologist shall be called in to evaluate the findin9s and recommend any
necessary mitigation measures. Proof of compliance with any recommendations resulting from such
evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological
Information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield
Development Services Department.
18. Paleontoloaical Resources:
18.1 A paleontological monitoring program that includes the following measures shall be
implemented to reduce potential impacts on the Sharktooth Hill bonebed,
a) Prior to grading, a paleontologist shall be retained, attend a pre-grading meeting, and set
forth the procedures to be followed during the monitoring program.
b) One paleontological monitor that is trained and equipped to allow rapid removal of fossils
with minimal construction delay is expected to be sufficient. Full-time monitoring of the
portions of the project site that have earth-disturbing activities at elevations between 600
feet and 700 feet shall be provided.
c) If fossils are found within an area being cleared or graded, earth-disturbing activities shall
be diverted elsewhere until the monitor has completed salvage of the fossils. If
construction personnel make the discovery, the grading contractor shall immediately divert
construction and call the monitor to the site. Major salvage time may be shortened by
grading contractor's assistance (e.g., removal of overburden, lifting and removing large
and heavy fossils).
d) The project paleontologist shall prepare, identify, and curate all recovered fossils. Upon
completion of grading, the project paleontologist shall prepare a summary report
documenting mitigation and results, with itemized inventory of collected specimens, The
paleontologist shall submit the report to the City of Bakersfield, designation depository,
and any other appropriate agency, and transfer fossil collection to a depository within the
City of Bakersfield or County of Kern. The summary report shall be submitted to the City.
This submittal will signify completion of the program to mitigate impacts on paleontological
resources.
19.
19.1
Hazardous Materials:
Prior to the issuance of grading penn its, the grading plans shall specify that in the event that
hazardous waste is discovered during site preparation or construction, the property
owner/developer shall ensure that the identified hazardous waste and/or hazardous material is
handled and disposed of in the manner specified by the State of California Hazardous
Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the
California Administrative Code, Title 30, Chapter 22. « 'ò"'I'\~~
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PUO ZC 04-1572
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19.2 The applicant shall handle and dispose of all hazardous materials and wastes during the
operation and maintenance of facilities in accordance with state codes.
19.3 Prior to the issuance of grading permits, the grading plans shall specify that in the event that any
abandoned or unrecovered oil wells are uncovered or damaged during excavation or grading,
remedial plugging operations will be required.
19.4 No structures are to be located over a previously plugged or abandoned well.
20, Stormwater Orainaae:
Prior to the issuance of a grading permit, the project applicant shall submit drainage plans for the
project site for review and approval by the City of Bakersfield. The drainage plans shall identify all
necessary onsite and offsite drainage facilities to accommodate project-related as well as cumulative
(in accordance with the existing General Plan) drainage volumes and velocities, Modifications to the
existing POA for the Breckenridge area will require an approval of an amendment to the POA by the
City of Bakersfield.
21. Water:
Prior to the issuance of building permits, Ihe project applicant shall coordinate with the
Califomia Water Company to establish precise locations for water distribution and
storage facilities that would be constructed onsite and offsite to adequately serve each
of the residential and non-residential water needs of the proposed site.
22. SITE PLAN REVIEW
PUD/ZC #04-1572
CONDITIONS AND ORDINANCE COMPLIANCE
The following are specific items that you need to resolve before you can obtain a
building permit or be allowed occupancy. These items include conditions and/or mitigation
required by previous site entidement approvals (these will be specifically noted), changes or
additions that need to be shown on the final building plans, alert you to specific fees, and other
comments that will help you in complying with the City's development standards. The item will
note when it is to be completed and each has been grouped by department so that you know who
to contact if you have questions.
A. DEVELOPMENT SERVICES - BUILDING (staff contact - Mike Quon 661/326-3676)
I, The developer shall submit 4 copies of grading plans and 2 copies of the preliminary soils
report to the Building Division. A final soils report shall also be submitted to the Building
Division before they can issue a building permit. Please note that approved grading plans
must also match final building site plans and landscaping plans,
2. The developer shall include fire resistive wall construc1ion details with the final building
plans for all exterior walls of any building that are within 20' of property lines if it is M
commercial, or 5' of property lines if it is residen1ial, x'ò 10'>0
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PUD ZC 04-1572
Page 8 of 12
3, Include with or show on the final building plans information necessary to verify that the
project complies wi1h all disability requirements of Title 24 of the State Building Code.
4, The Building Division will calculate and collect the appropriate school district impact fee
at the time they issue a building permit.
B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673)
I. The minimum parking required for this project has been compu1ed based on use and shall
be as follows:
Use
Single Family Homes
Recreation facility
No. of Parking
DwelliD!! Units Ratio
752 D. U.'s 2 spacesID. U.
to be determined by Planning Commission
Required
Parkin!!
1,504 spaces
129 spaces (as proposed)
(Note: All of the typical plans for the various dwelling units appear to have two-car garages, which would
be consistent with the minimum parking requirements. By ordinance, compact and tandem spaces cannot be
counted toward meeting minimum parking requirements)
2, Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over
landscape areas no more 1han 2Yz feet provided required setbacks along street rrontages are
maintained, and trees and shrubs are protec1ed rrom vehicles,
3. All parking lots, driveways, drive aisles, loading areas, and any other vehicular access
ways, shall be paved with concrete, asphal1ic concrete (A. C,), or other paved street
surfacing material in accordance with the Bakersfield Municipal Code (Sections 15,76,020
and 17,58,050 N,).
4, 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 n01 be issued
until the Planning Division has approved the final landscape plan for consistency with
approved site plans and minimum ordinance standards (please refer 10 the attached
landscaping requirements in Chapter 17,61).
(NOTE: At the time a final site inspection is conducted, it is expected that plants will
match the species identified and be installed in the locations consistent with the
approved landscape plan. Changes made without prior approval of the Planning
staff may result in the removal and/or relocation of installed plant materials and
delays in obtaining building occupancy.)
5, Habitat Conservation fees shall be required for this project and will be calculated based on
the fee in effecl at the time we issue an urban development permit (includes grading plan
approvals) as defined in the ImplementationlManagement Agreement (Section 2.21) for
the Metropoli1an Bakersfield Habitat Conservation Plan, Upon payment of the fee, the
applicant will receive acknowledgment of compliance with Metropolitan Bakersfiel<!.« 'òMt:"'-9
Habitat Conservation Plan (Implemen1a1ionlManagemenl Agreement Sec1ion 3,1.4).\..<.:fhis ~
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Exhibit "A"
PUD ZC 04-1572
Page 9 of 12
fee is currently $1,240 per gross acre, payable 10 the Ci1y of Bakersfield (submit 10 the
Planning Division), This fee mus1 be paid before any grading or other site disturbance
occurs,
6, A Park Developmen1 and Improvement Fee shall be paid a1 the time a building permit is
issued, We will base this fee at the rate in effect al the time the permit is issued, The
current fee is $1,275 for each independent residential unit.
7, Refuse collection bin enclosures and container areas are subjec1 to all required structural
setbacks ITOm street ITontages, and shall n01 reduce any parking, loading or landscaping
areas as required by the zoning ordinance,
8. In the event a previously undocumented oil/gas well is uncovered or discovered on the
projecl site, the developer is responsible to contact the Department of Conservation's
Division of Oil, Gas, and Geothermal Resources (DOGGR), The developer is responsible
for any remedial operations on the well required by DOGGR, The developer shall also be
subject to provisions ofBMC Section 15,66.080 (B.),
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 limi1ed 10, use ofwaler or chemical stabilizer/suppressan1s to
control dust emissions ITom disturbed area, stock piles, and access ways; covering or
wetting materials that are Iransported off-site; limit construction-related speeds to 15 mph
on all unpaved areas/ washing of construction vehicles before they enter public streets to
minimize carryout/track out; and cease grading and earth moving during periods of high
winds (20 mph or more),
10, Prior to receiving final building or sile occupancy, you must con1act the Planning Division
(staff contact noted above) for final inspection and approval of the landscaping, parking
lot, lighting, and other rela1ed site improvements, Inspections will not be conducted until
all required items have been installed, Any deviations ITOm the approved plans without
prior approval ITom 1he Planning Division may result in reconstruc1ion and delays in
obtaining building or site occupancy.
C. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706)
I. Show on the rmal building plans the following items:
a. All fire sprinkler and/or s1and 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.
2.
The developer must request an inspection of any underground sprinkler feeds at least 24
hours before they are buried, The Prevention Services Division (1715 Chester Avenue'òAK~
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Exhibit "A"
PUD ZC 04-1572
Page 100f12
Suite 300, Bakersfield, CA; Ph, 661/326-3979) must complete all on-site inspections of
fire sprinkler systems and fire alarm sys1ems before any building is occupied,
3, The developer shall show on the final building plans a minimum 20' wide all-weather
emergency access with an overhead clearance of 13 !6'\7' wi1hin ISO! of all buildings on the
project site, The Fire Department must approve the final location and design of this access
prior to building permits being issued, This access shall be constructed before building
occupancy will be granted.
4, All access (permanenl and temporary) to and around any building under construction must
be at least 20 feel wide, contain no vehicle obstructions, and be graded to prevent water
ponding, Barricades must be in place where ditches and barriers exist in or cross
roadways. Emergency vehicle access must always be reliable,
D. PUBLIC WORKS - ENGINEERING (staff contact - George GiUburg 661/326-3997)
I, The developer shall construc1 curbs, gutters, cross gutters, 5'6" wide sidewalks, and
s1TeetJalley paving along Loop Road (all public s1Teets) according 10 adopted city
standards, These improvemenls shall be shown on the final building plans submitted to the
Building Division before any building permits will be issued.
2, The developer shall construct standard handicap ramps at Ihe northeast and northwest
corners of Entry Plaza and Loop Road 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.
3, 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,
4. All on-site areas required to be paved (ie, parking lots, access drives, loading areas, etc,)
shalt 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 malerial (ie, Class II A. B.). This paving standard shall be noted
on the final building plans submitted to the Building Division before any building permits
will be issued.
5, 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 Building
Division,
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6, Before any building or site can be occupied, the developer must reconstruct or repair
substandard off-site improvements to adopted city standards as directed by the City
Engineer, Please call the construction superintendent a1 661/326-304910 schedule a site
inspection to find out what improvements may be required,
7. A sewer connec1ion fee shall be paid at the time a building permit is issued, We will base
this fee at 1he rate in effect at the time a building permit is issued,
8, A transportation impact fee for regional facilities shall be paid at Ihe 1ime a building permit
is issued, or if no building permit is required, before occupancy of the building or site.
This fee will be based at the rate in effect at the time the building permit is issued, The
Public Works Department will calculate an estimate of the t01al fee when you submit
construction plans for 1he project.
9, The legal description (ie, 101 and trac1 number and/or assessor's parcel number) shall be
shown on the final building plans,
E. PUBLIC WORKS - TRAFFIC (staff contact - George GiUburg 661/326-3997)
1, S1Teet return 1ype approach( es), if used, shall have 20' minimum radius returns with a 24'
minimum throat width, All dimensions shall be shown on 1he final building plans,
2, Two-way drive aisles shall be a minimum width of 24 feet. If perpendicular (90°) parking
spaces are proposed where a vehicle must back into these aisles, Ihe minimum aisle width
shall be 25 feet. All drive aisle dimensions shall be shown on the final building plans,
3. Show the typical parking stall dimensions on the final building plans (minimum stall size
is 9 feet x 18 feet),
F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114)
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 by the businesses without
violating required zoning res1rictions (see Planning Division i1ems), Levels of service are
based on how often collection occurs as follows:
· Can or cart service
· Front loader bin service
· Roll-off compactor service
I cubic yard/week or less
I cubic yard/week - 12 cubic yards/day
More than 12 cubic yards/day
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2, Show on the final building plans I (one), 8' x 10' (inside dimension) refuse bin enclosure
designed according to adopted city standards (Detail #S-43), Before occupancy of the
building or site is allowed, 2 (two), 3 cubic yard front loading type refuse bins shall be
placed within the required enclosure for lodge site
3, Facili1ies that require grease containment must provide a storage location tha1 is separa1e
from the refuse bin location, This shall be shown on the final building plans,
4, Facilities that participa1e in recycling operations must provide a location that is separa1e
from the refuse containment area, This shall be shown on the final building plans,
5, Single family homes will be serviced by individual refuse carts. Carts must be se1 at 1he
stree1 curbside or alley adjacent to each 101. Overhead clearances should allow for nonnal
opera1ion of refuse vehicles,
By jeng/ S:\ TRACTSI6444\PUDlCCIExhA.doc
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ZONE CHANGE 04-1572
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l~ING MAP 104·17
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EXHIBIT "E"
ZONE CHANGE NO. 04-1572
LEGAL DESCRIPTION
ALL THAT PORTION OF THE NORTH HALF OF SECTION 17, TOWNSHIP 29
SOUTH, RANGE 29 EAST, MDM, IN THE CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, BEING MORE PARTICULARY DESCRIBED AS
FOLLOWS
PARCELS 8, 9, 10 AND 11 OF PARCEL MAP NO. 11013 AS FILED IN BOOK 53 OF
PARCEL MAPS AT PAGES 130-146 IN THE OFFICE OF THE KERN COUNTY
RECORDER ON SEPTEMBER 16, 2004
CONTAINS 18384 ACRES MORE OR LESS
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 18th day of AUQust , 2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No, 4262 ,passed by
the Bakersfield City Council at a meeting held on the 1 ih day of AUQust. 2005 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17,06,020 (ZONE MAP NO, 104-17) OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM AN R-1 (ONE FAMILY DWELLING)
ZONE TO A PUD (PLANNED UNIT DEVELOOPMENT) ZONE ON 183,84
ACRES TO ALLOW A GATED SENIORS RESIDENTIAL
DEVELOPMENT GENERALLY LOCATED BETWEEN PALADINO AND
PANORAMA DRIVES, MASTERSON STREET AND VINELAND ROAD,
(FILE #04-1572)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DE
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