HomeMy WebLinkAboutORD NO 4264
ORDINANCE NO. ~ 2 6 4
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
DEVELOPMENT) ZONE ON 100 ACRES GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF PANORAMA
DRIVE AND MASTERSON STREET (FILE # 05-0298)
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 on the southwest corner of Panorama Drive and Masterson Street,
as shown on attached Exhibit "B;" and
WHEREAS, by Resolution NO.89-05 on July 7, 2005, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve the proposed zone change to PUD (Planned Unit Development) zone as delineated
on attached Zoning Map No. 104-17 marked Exhibit "4", 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 PUD (Planned Unit Development) zone on 100 acres to allow development
of single family residential subdivision, private recreation area, and paseo, and 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 Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on June 17, 2005
in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows low density
residential 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 public necessity, general welfare and good zoning practice justify the
requested change of zone from an R-1 (One Family Dwelling) zone to a
PUD (Planned Unit Development) zone.
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4. The overall design of the project, as conditioned, is consistent with the
goals and policies of all elements of the general plan.
5. The conditions of approval, attached hereto as Exhibit "1" are needed to
provide for orderly development, and the public health, welfare and
safety; and
6. 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 adopted.
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 "D" 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."
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.
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the
Council
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
of the City of Bakersfield at a regular meeting thereof held on
7 200§ by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD. HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk
Council of the City of Bakersfield
SEP 7 2005
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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Exhibits:
A. Conditions.
B. Location Map.
C. PUD site plan, landscaping plan and elevations
D. Zone Map
E. Legal Description
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EXHIBIT "A"
PUD ZONE CHANGE # 05-0298
CONDITIONS OF APPROVAL
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.
PLANNING
2. The private recreation area on 0.95 acres shall be developed by the subdivider prior to
recordation of Phase 2, Vesting Tentative Tract 6498. The site shall be developed in
accordance with the related Planned Unit Development Zone Change #05-0298. Subdivider
shall provide parallel parking to City standards on the east side of the lot containing the
recreational facility.
Provides for the public health and welfare.
3. Homeowners association or entity approved by City Attorney shall be required to maintain the
private recreation facility, all private common area landscaping and paseos.
4. All development shall be consistent with approved Vesting Tentative Tract 6498 and P.U.D
Zone Change # 05-0298 plans as conditioned unless changed in response to conditions as
approved by the Planning Director and Public Works Director.
5. Lot sizes approved as shown on tentative map. No residential lot shall be less than 4,000
square feet.
6. Dwelling Unit Setbacks approved as follows, and the developer represents no further setback
reductions are needed:
15-foot
15-foot
5-feet, except where clear sight line is required (must comply
with clear sight line ordinance).
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Front yard setback:
Rear yard setback:
Side yard setback:
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7. Garage Setbacks approved as follows:
Front and side yards setback for Garage when the Garage entrance faces the street:
20 feet; except for "City in the Hills 5000 Series, Plan 2" where the garage entrance faces the
side yard lot line and not a street. The front yard setback for the garage in the case of "City in
the Hills 5000 Series, Plan 2" where the garage entrance faces the side yard lot line and not a
street, the front yard setback for the garage shall be 15 feet. In addition, the developer shall
install roll up garage doors on all garages.
8. Free and clear 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.
9 The perimeter 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.
10. Approve the subdivision identification signage and corner monumentation only if the
homeowners association maintains the landscaping, walls, pilasters, signs and other items
associated with the monumentation in Lots C and D, Phase 1. This includes graffiti removal.
The sign area may not exceed 32 square feet. A Sign Permit from the Building Department
is required. Subdivider clearly mark the location of where the homeowners association
maintains landscaping and where City maintenance starts. This location and marker shall be
subject to approval of the Parks Department prior to installation.
11. Landscaping shall be required along the east boundary (Montana Way) adjacent the SR 178
right-of-way. Landscaping shall be maintained by the homeowners association.
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)
12. Aesthetics.
12.1 Prior to the issuance of grading permits, the project applicant shall prepare landscape
plans for the project area to provide visual relief from project structures.
12.2 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.
12.3 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.
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13. Air Qualitv (from "Air Qualitv ImDact Study for Tentative Tract 6406." (December 2004 bv
WZl.lnc.):
13.1. 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.
13.2 Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures set forth under
Regulation VIII, Fugitive PM1Q 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 the container shall be maintained.
· 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)
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PUD ZC 05-0298
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· 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.
· 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.
· Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
· 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.
· Cease grading activities during periods of high winds (greater than 20 mph over a
one-hour period).
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
constructions site.
· Implementation of carryouVtrackout mitigation measures, such as gravel pads, in
accordance with the requirements of SJVUAPCD Regulation VIII.
14. Bioloaical Resources. Special Status Species
14.1 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).
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 entrapment 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
the onset of construction activities in areas subject to development to determine
the necessity of den excavation.
Monitoring and excavation of each known San Joaquin kit fox den which cannot
be avoided by construction activities shall occur.
Notification of wildlife agencies of relocation opportunity prior to ground
disturbance in areas of known kit fox dens shall be provided.
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.
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.
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
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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 attracting kit fox or other animals.
14.3 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.
Raptor Nest Disturbance
14.4 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) Preconstruction 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 through August 31), no disturbance to these
burrows shall occur without obtaining appropriate permitting through the
Migratory Bird Treaty Act.
Sensitive Habitat/Jurisdictional Areas
14.5 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.
Indirect Impacts
14.6 The following invasive exotic plants shall not be used in any project residential or
commercial landscaping: tamarisk (all species) and pampas grass. In addition,
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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.
14.7 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.
15. Archaeolooical/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 findings 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.
16. Paleontolooical Resources:
16.1 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.
17. Hazardous Materials:
17.1 Prior to the issuance of grading permits, 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.
17.2
The applicant shall handle and dispose of all hazardous materials and wastes during the
operation and maintenance of facilities in accordance with state codes.
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17.3 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.
17.4 No structures are to be located over a previously plugged or abandoned well.
18. Stormwater Drainaoe:
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 PDA for the Breckenridge area will
require an approval of an amendment to the PDA by the City of Bakersfield.
19. Water:
Prior to the issuance of building permits, the project applicant shall coordinate with the
California 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.
20. SITE PLAN REVIEW
PUD/ZC #05-0298
CONDITIONS AND ORDINANCE COMPLIANCE
The following are specific items thai 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 entitlement approvals (these wül 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 construction details with the fmal building plans for
all exterior walls of any building that are within 20' of property lines if it is commercial, or 5' of
property lines if it is residential.
3. Include with or show on the final building plans infonnation necessary to verify that the project
complies with all disability requirements of Title 24 of the State Building Code.
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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 computed based on use and shall be as
follows:
Use
Single Family Homes
Recreation facility
No. of
DweDim! Units
421 D. U.'s
to be detennined by
Planning Commission**
Parking
Ratio
2 spaces/D. U.
Required
Parkin!!
842 spaces
1 HC & 6 spaces
** See below
** The "turn-out" shown on the plan for the recreation area shall be eliminated. Developer shall
provide the following off,street parking spaces adjacent the recreation facility: Minimum one
handicap space and six standard spaces. Parking plan shall be submitted to the Planning Director
prior to issuance of a building pennit for review and approval.
(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 overlandscape
areas no more than 2'h feet provided required setbacks along street frontages are maintained, and
trees and shrubs are protected from vehicles.
3. All parking lots, driveways, drive aisles,loading areas, and any other vehicular access ways, shall
be paved with concrete, asphaltic 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 fmal building
plans submitted to the Building Division. Building pennits will not be issued until the Planning
Division has approved the final landscape plan for consistency with approved site plans and
minimum ordinance standards (please refer to the 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 instaUed 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 effect at the time we issue an urban development permit (includes grading plan approvals) as
defined in the ImplementationIManagement Agreement (Section 2.21) for the Metropolitan
Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant will receive
acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan
(Implementation/Management Agreement Section 3.1.4). This fee is currently $1 ,240 per gross
acre, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid
before any grading or other site disturbance occurs.
6. A Park Development and Improvement Fee shall be paid at the time a building permit is issued.
We will base this fee at the rate in effect at the time the pennit is issued. The current fee is $1,275
for each independent residential unit.
By Veng /S:ITRACTS\649BI05-029B\CCIExhA-ZC 05-29B.DOC
August 17, 2005
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7. Refuse collection bin enclosures and container areas are subject to all required structural setbacks
from street frontages, and shall not reduce any parking, loading or landscaping areas as required
by the zoning ordinance.
8. In the event a previously undocumented oil/gas well is uncovered or discovered on the project site,
the developer is responsible to contact the Department of Conservation's Division of Oil, Gas, and
Geothennal Resources (DOGGR). The developer is responsible for any remedial operations on
the well required by DOGGR. The developer shall also be subject to provisions of BMC 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 limited to, use of water or chemical stabilizer/suppressants to control dust
emissions from disturbed area, stock piles, and access ways; covering or wetting materials that are
transported off,site; limit construction-related speeds to IS 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 site occupancy, you must contact the Planning Division (staff
contact noted above) for final inspection and approval of the landscaping, parking lot,lighting,
and other related site improvements. Inspections will not be conducted until all required items
have been installed. Any deviations from the approved plans without prior approval from the
Planning Division may result in reconstruction and delays in obtaining building or site occupancy.
C. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706)
I. Show on the final building plaus the following items:
a. All fire sprinkler and/or stand pipe systems, fire alanns 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, Suite 300,
Bakersfield, CA; Ph. 6611326,3979) must complete all on,site inspections of fire sprinkler systems
and fire alann systems 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' within 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 (permanent and temporary) to and around any building under construction must be at
least 20 feet 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 Gillburg 661/326-3997)
1. The developer shall construct curbs, gutters, cross gutters, 5'6" wide sidewalks, and street/alley
paving along Loop Road (all public streets) 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.
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August 17, 2005
Exhibit "A"
PUD ZC 05-0298
Page 10 of 11
2. The developer shall construct standard handicap ramps at the northeast and northwest comers 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.) shall
consist of concrete, asphaltic concrete (Type B, A. C.) or other paved street material approved by
the City Engineer. Pavement shaU be a minimum thickness of 2 inches over 3 inches of
approved base material (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 wiU be issued.
5. If a grading plan is required by the Building Division, building permits wiU not be issued until the
grading plan is approved by both the Public Works Department and Building Division.
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 at 661/326,3049 to schedule a site inspection to find out what
improvements may be required.
7. A sewer connection fee shall be paid at the time a building permit is issued. We wiU base this fee
at the rate in effect at the time a building permit is issued.
8. A transportation impact fee for regional facilities shall be paid at the time 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 total fee when you submit construction plans for the
project.
9. The legal description (ie.lot and tract number and/or assessor's parcel number) shall be shown on
the fmal building plans.
E. PUBLIC WORKS - TRAFFIC (staff contact - George GiUburg 661/326-3997)
1. Street return type approach(es), if used, shall have 20' minimum radius returns with a 24'
minimum throat width. All dimensions shall be shown on the final building plans.
2. Two,way drive aisles shall be a minimum width of24 feet. If perpendicular (90°) parking spaces
are proposed where a vehicle must back into these aisles, the 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 staU size is 9 feet
x 18 feet).
F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114)
You must eon tact the staff person uoted above hefore huilding permits can be issued or work
begins on the property to establish the level and type of service necessary for the coUection 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 restrictions (see
Planning Division items). Levels of service are based on how often coUection occurs as follows: ('C},I\!: '.
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· Can or cart service
· Front loader bin service
· Roll-{)ff compactor service--
I cubic yard/week or less
I cubic yard/week, 12 cubic yards/day
More than 12 cubic yards/day
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, I (one), 3 cubic yard front loading type refuse bins shall be placed within the required
enclosure for recreation facility.
3. Facilities that require grease containment must provide a storage location that is separate from the
refuse bin location. This shall be shown on the fmal building plans.
4. Facilities that participate in recycling operations must provide a location that is separate 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 set at the street
curbside or alley adjacent to each lot. Overhead clearances should allow for nonna1 operation of
refuse vehicles.
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EXHIBIT "E"
PUD ZONE CHANGE # 05-0298
LEGAL DESCRIPTION
BEING A PORTION OF PARCELS 6,7 AND 13 OF PARCEL MAP NO, 11013
RECORDED IN BOOK 53 OF PARCEL MAPS AT PAGE 130 IN THE KERN COUNTY
RECORDERS OFFICE, ALSO BEING ALL THAT PORTION OF SECTION 17.
TOWNSHIP 29 SOUTH, RANGE 29 EAST, MD.M., CITY OF BAKERSFIELD, COUNTY
OF KERN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF PANORAMA DRIVE AND
MASTERSON STREET, FROM WHICH POINT THE NORTHEAST CORNER OF SAID
SECTION 17 BEARS NORTH 00° 21' 53" EAST, 959.50 FEET;
THENCE (1) NORTH 89° 38' 07" WEST ALONG THE CENTERLINE OF SAID
PANORAMA DRIVE, 94.71 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
1000.00 FEET;
THENCE (2) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
22° 59' 27", AN ARC DISTANCE OF 401.27 FEET;
THENCE (3) SOUTH 67" 22' 26" WEST, 398.49 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 1000.00 FEET;
THENCE (4) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
21° 39' 56", AN ARC DISTANCE OF 378.13 FEET;
THENCE (5) S.89° 02' 22" W, 994.84 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
3000.00 FEET;
THENCE (6) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
04" 00' 39", AN ARC DISTANCE OF 210.01 FEET TO THE
CENTERLINE INTERSECTION OF PANORAMA DRIVE AND CITY
HILLS DRIVE AND THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 200000 FEET AND TO
WHICH POINT A RADIAL LINE BEARS N. 77· 03' 30" E:
THENCE (7) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 31° 00' 48", AN ARC DISTANCE OF 108257 FEET;
1 OF 3
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THENCE (8) DEPARTING SAID CENTERLINE SOUTH 71° 55' 42" EAST, 45.00 FEET
TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID CITY
HILLS DRIVE;
THENCE (9) NORTH 62°22'40- EAST, 27.94 FEET;
THENCE (10) SOUTH 73° 18' 57" EAST, 580.13 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF
20.00 FEET;
THENCE (11) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 91°05'36", AN ARC DISTANCE OF 31.80 FEET TO THE
BEGINNING OF A COMPOUND CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 2515.00 FEET;
THENCE (12) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 12°27'45", AN ARC DISTANCE OF 547.04 FEET;
THENCE (13) SOUTH 60°21'33" EAST, 288.06 FEET;
THENCE (14) SOUTH 61° 39' 14" EAST, 50.39 FEET;
THENCE (15) SOUTH 68°25'32" EAST, 7552 FEET;
THENCE (16) SOUTH 65° 24' 46" EAST, 34413 FEET;
THENCE (17) NORTH 48° 17' 49" EAST ALONG SAID NORTHERLY RIGHT OF WAY
LINE, 63779 FEET TO THE BEGINNING OF A CURVE CONCAVE TO
THE NORTHWEST HAVING A RADIUS OF 3217.63 FEET;
THENCE (18) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 02° 52' 07", AN ARC DISTANCE OF 161.09 FEET;
THENCE (19) NORTH 44° 03' 41" EAST, 62524 FEET;
THENCE (20) NORTH 40° 53' 12" EAST, 191.92 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 410.00 FEET;
THENCE (21) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 33° 10' 08", AN ARC DISTANCE OF 237.35 FEET;
THENCE (22) NORTH 07° 43' 03" EAST. 52229 FEET TO A POINT ON THE
WESTERLY RIGHT OF WAY LINE OF MASTERSON STREET;
2 OF 3
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THENCE (23) SOUTH 89° 38' 07" EAST, 57.24 FEET TO A POINT ON THE
CENTERLINE OF SAID MASTERSON STREET, SAID CENTERLINE
ALSO BEING THE EAST LINE OF SAID SECTION 17;
THENCE (24) NORTH 00° 21' 53" EAST ALONG SAID CENTERLINE. 571.95 FEET TO
THE POINT OF BEGINNING.
CONTAINS: 87.66 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 8th
day of Seoternber ,2005 she posted on the Bulletin Board
at City Hall, a full, true and correct copy of the following: Ordinance No. 4264 ,passed
by the Bakersfield City Council at a rneeting held on the ~day of Seoternber, 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 DEVELOPMENT) ZONE ON 100
ACRES GENERALLY LOCATED ON THE SOUTHWEST CORNER
OF PANORAMA DRIVE AND MASTERSON STREET (FILE #05-0298)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BYpt\'~~L
DEPU Y Ci lerk
S :\DOCUMENT\FOR MSIAOP .ORD, wpd