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HomeMy WebLinkAboutORD NO 4279 ORDINANCE NO. '4 27 9 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 55.82 ACRES TO ALLOW A SINGLE FAMILY RESIDENTIAL DEVELOPMENT WITH PRIVATE STREETS AND RECREATIONAL FACILITY GENERALLY LOCATED ON THE NORTH SIDE OF STATE ROUTE 178, APPROXIMATELY 11. MILE EAST OF FUTURE VINELAND, (FILE # 05-0502). 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 north side of State Route 178, approximately 11. mile east of future Vineland Ave. (Exhibit "B"), and as hereinafter described and as set forth and designated upon Zoning Map NO.1 04- 17 (Exhibit "D") incorporated within and made part of Title Seventeen of the Bakersfield Municipal Code, more thoroughly described in attached Exhibit "E"; and WHEREAS, by Resolution NO.115-05 on August 18, 2005, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-0502 as delineated on attached Zoning Map No. 104-17 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 PUD (Planned Unit Development) zone on 55.83 acres to allow development of single family residential homes, private recreational facility and several private landscape lots, as shown on attached Exhibit "C," 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 July 28, 2005, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows single family residential development; and WHEREAS, the Planning Commission approved related Vesting Tentative Tract No. 6452 on July 28, 2005; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices-liàve been given 1 '~< 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 the existing zoning district to PUD (Planned Unit Development) zone. 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 22 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--------- Council of NOV I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the the City of Bakersfield at a regular meeting thereof held on f '7nD~ by the following vote: G~ N s: ABSTAIN: ABSENT: v- V or- ¡...-- 1"'---' COUNCILMEMBER COUCH, CARSON, BENHAM. MAGGARD. HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER <--' v'" PAMf!~f:jtJ fì CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 9 '2005 APPROVED as to form VIRGINIA GENNARO City Attorney BY:~~~ Exhibits: A. Conditions. B. Location Map. C. PUD site plan, landscaping plan and elevations D. Zone Map E. Legal Description Jeng I S:\ZoneChangeID5-0502ICCIOlC502-CC.DOC October 11 , 2005 3 . EXHIBIT "A" CONDITIONS OF APPROVAL PUD ZONE CHANGE #05-0502 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. RECREATION AND PARKS 2. The Homeowners Association (HOA) for the subdivision or other HOA, such as the "Master Homeowners Association, as approved by the City Attorney, shall maintain the landscaping as follows, and depicted on attached Exhibit "3." The Parks Director, upon consultation with the Public Works Director and City Attorney, may approve a change to the locations listed below, if consistent with City policy. o Adjacent Tract 6452 on City Hills Drive: Homeowners Association shall maintain the 40-foot ± wide strip of landscaping between the subdivision wall, including the subdivision wall, and the sidewalk closest to the street. Note: The intent is for the City maintenance district to maintain the landscaping between the street and the sidewalk located closest to the street. This landscaped area is approximately the same area as the City's 8-foot wide landscape standard for collector streets. o Adjacent Tract 6452 on Canteria Drive: Homeowners Association shall maintain the entire 68 foot ± wide strip of landscaping and the median on Canteria Drive, and the subdivision wall. o Adjacent Tract 6452 on Oak Park Drive: Homeowners Association shall maintain the entire 30-foot wide strip of landscaping, and the subdivision wall. o Homeowners Association shall maintain the all landscaping lots internal to the tract. Orderly develop and provide for the public health, welfare and safety. By JENG / S:\ZonaChanga\05-0502\CClExhA.doc October 11, 2005 Exhibit "A" PUD ZC #05-0502 Page 2 of 10 3. Prior to recordation of the first final map, the HOA shall enter into an agreement with the City, approved as to form by the City Attorney, whereby the HOA assumes full responsibility for all of said landscaping described above that is not maintained by the City maintenance district. The agreement shall be recorded prior to the recordation of the first final map. In addition, the HOA's responsibility for the landscaping shall be included in the CC and R's for Tract 6452. Homeowners shall also be subject to annual landscape maintenance assessments under the City's Consolidated Maintenance District. Orderly develop and provide for the public health, welfare and safety. 4. Free and clear title (including clearance of all assessments) to the approved 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. Consistency with GPA/ZC # 99·0647. PUBLIC WORKS 5. Developer shall record a covenant and include in the CC&Rs for this tract that discloses Canteria Drive as a temporary access to State Route 178, and upon improvement of the Specific Plan Line of State Route 178 or as determined by the City Engineer, direct access to State Route 178 from Canteria Drive will be eliminated and a cul-de-sac will be constructed at the southern terminus of Canteria Drive. Covenant shall be approved by the City Attorney prior to recordation. PLANNING 6. All development shall be consistent with approved Vesting Tentative Tract 6452 and P.U.D Zone Change # 05-0502 plans as conditioned unless changed in response to conditions as approved by the Planning Director and Public Works Director. 7. The private landscape lots 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 #05-0502. Improvements may be bonded as approved by the City Engineer. 7.1 Homeowners association or entity approved by City Attorney shall be required to maintain the private landscaping lots, private streets and all private common areas/facilities. Provides for the public health and welfare. 8. Dwelling unit setbacks shall be consistent with those stated in the R-1 (One Family Dwelling) zone. MITIGATION MEASURES FROM CITY IN THE HILLS EIR (GPAlZC 99-0647: Certified CC Resolution NO.136-00 & 137-00: November 15. 2000: exceDt as noted) 9. Aesthetics. 9.1 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. By JENG /S:\ZonaChangaI05-0502ICClExhA. doc October 11, 2005 Exhibit "A" PUD ZC #05-0502 Page 3 of 10 9.2 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. 9.3 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. 10. Air Qualitv (from "Air Qualitv ImDact Studv for Tentative Tract 6452." (March 2005) bv WZl.lnc.): 10.1. 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: o Properly and routinely, maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. o Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. o Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. o Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. o 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. 10.2 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: o 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. o All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizerlsuppressant. o 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. o 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. By JENG /S:\ZonaChangaI05-0502ICClExhA. doc October 11, 2005 Exhibit "A" PUD ZC #05-0502 Page 4 of 10 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 stabilizerlsuppressant. 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 carryouUtrackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVUAPCD Regulation VIII. 11. Bioloaical Resources. Soecial Status Soecies 11.1 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). 11.2 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 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. 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 11. 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 othenNise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. By JENG /S:\ZonaChangaI05-0502ICCIExhA. doc October 11, 2005 _.__.~'''_n_..._~ Exhibit "A" PUD ZC #05-0502 Page 5 of 10 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 attracting kit fox or other animals. 11.3 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. Refer to letters by Paul Pruett and Associates, dated July 27, 2003 and supplemental status letter February 4, 2005. Raotor Nest Disturbance 11.4 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 11.5 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. By JENG /S:\ZonaChangeI05-0502ICCIExhAdoc October 11, 2005 M _...._~"'r"-_c_~-- Exhibit "A" PUD ZC #05-0502 Page 6 of 10 Indirect Imoacts 11.6 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. 11.7 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. 12. 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 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. 13. Paleontoloaical Resources: 13.1 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. 14. Hazardous Materials: 14.1 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 By JENG /S:\ZonaChangeI05-0502ICClExhAdoc October 11, 2005 ~ 'Ö~/(~ ().~ >- ~ ~ g ORIGINAL Exhibit "A" PUD ZC #05-0502 Page 7 of 10 Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the California Administrative Code, Title 30, Chapter 22. 14.2 The applicant shall handle and dispose of all hazardous materials and wastes during the operation and maintenance of facilities in accordance with state codes. 14.3 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. 14.4 No structures are to be located over a previously plugged or abandoned well. 15. 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. 16. 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. 17. SITE PLAN REVIEW PUD/ZC #05-0502 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 entitlement 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 - Phil Burns 661/326-3720) 1. 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 final 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 information necessary to verify that the project By JENG /S:\ZonaChangaI05-0502ICCIExhAdoc October 11, 2005 ~ 'òMi~ a ~ ~ g ë:) ORIGINAl Exhibit "A" PUD ZC #05-0502 Page 8 of 10 complies with 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) 1. The minimum parking required for this project has been computed based on use and shall be as follows: Use Single Family Homes R (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) No. of Dwellina Units 181 D. U.'s Parking Ratio 2 spaces/D. U. Required Parkina 362 spaces 2. Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over landscape areas no more than 2% feet provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles. 3. All parking lots, driveways, drive aisles, loading areas, and 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. 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 Implementation/Management 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. 5. 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 permit is issued, The current fee is $1,275 for each independent residential unit. 6. 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. 7. 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 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 of BMC Section 15.66.080 (B.). 8. 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 stabilizerlsuppressants 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 15 mph on all unpaved areasl washing of construction vehicles before they enter public streets to minimize carryoutltrack out; and cease ~1\1(f, grading and earth moving during periods of high winds (20 mph or more). ~ ~d' "" By JENG /S:\ZoneChangaI05-0502\CClExhAdoc ;;... ñí October 11, 2005 ~ S OR (; NAL Exhibit "A" PUD ZC #05-0502 Page 9 of 10 C. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706) 1. 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 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. 2. 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. 3. 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. 4. A sewer connection fee shall be paid at the time a building permit is issued. We will base this fee at the rate in effect at the time a building permit is issued. 5, 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. 6. The legal description (ie. lot and tract number andlor assessor's parcel number) shall be shown on the final building plans. E. PUBLIC WORKS - TRAFFIC (staff contact· George Gillburg 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. 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 andlor 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 collection occurs as follows: · Can or cart service · Front loader bin service · Roll-off compactor service 1 cubic yard/week or less 1 cubic yard/week - 12 cubic yards/day More than 12 cubic yardslday ~ ~A/(ê~ () íI' >- '" I- - ÕORIG'NA'~ By JENG /S:\ZonaChangeI05-0502ICClExhAdoc October 11, 2005 Exhibit "A" PUD ZC #05-0502 Page 10 of 10 2. 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. 3. 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 normal operation of refuse vehicles. By JENG /S:\ZonaChangaI05-0502ICClExhAdoc October 11, 2005 ! "AI(\, ðORIGlNA,g ------------------- ~ ~ Il1JW i ~ ~ , , , , ~ , , , , , z .... w ~ ¡;¡- I!I cñ~ o ~ ~ , ...' \:<L , ~, ,~~, \:~, '-"~:-.. Q ~ ""'.s¡.,' ''''6 " ,í -"" , 8 . ~ N 0 LO 0 I LO 0 W ~ <.9 I- m Z ..... oe:( ~ w I Ü ~ " W ~ ø 0 Z 0 N ó ~ .L33HlS -------------- ---------- ---------------- -------------- --- ------------- -------------- ~ ~ co ~ ~ ~AKf~ Ç) ",iI' ;,.. ~"" I- - _ It! <> ,.... ORIGfNA'<::> ~, c·,___· .... .~~ HSOlNPW 00«' ~::O,;n:~·¿~~~.,...' ,"""',..,,,-,,,,,, ~,''OM.. ,. ;"""'-.~..'.:~'-' 'j¡¡ NVld 3.US "(md SlllH 3H! NI A!I:) ¡ :.!, ! 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Ii: --- "'"r--·-.... -- __U. .... _____". ...-.-.....".- ~ ~ . ~ tzt r¡¡r ¡ z .. r:i I iL .. "'" :~:~~~~;tB'~:L~iQ~~~~.:i EXHIBIT "D" ZONE CHANGE 05-0502 ".þðt ,." -s " " " " " " " " ,""" I I I I I ~·.ØI .. ....-- I ti ~ II !< ~F\K~ o ZONltIG MAP 10'1 ¡..L ¡:¡; -¡; b 0RIr"NAl 3 + Page 1 of 2 EXHIBIT "E" LEGAL DESCRIPTION ZONE CHANGE # 05-0502 PROPOSED R-1 PUD (FROM R-1) ALL THAT PORTION OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MD,M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 5 OF PARCEL MAP NO. 11013 FILEO IN PARCEL MAP BOOK 53, AT PAGES 130 THROUGH 145, IN THE OFFICE OF THE KERN COUNTY RECORDER. SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 2,000.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 22"16'48" EAST; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01"12'09", AN ARC DISTANCE OF 41.98 FEET; THENCE NORTH 68"55'21" EAST, A DISTANCE OF 108.24 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING TWENTY-FOUR (24) COURSES: 1) CONTINUING NORTH 68"55'21" EAST, A DISTANCE OF 293.20 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY. HAVING A RADIUS OF 2,000,00 FEET; THENCE 2) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32"35'11", AN ARC DISTANCE OF 1,137.48 FEET; THENCE 3) SOUTH 53"39'50" EAST, A DISTANCE OF 45.00 FEET; THENCE 4) SOUTH 08"23'12" EAST, A DISTANCE OF 28.15 FEET; THENCE 5) SOUTH 53"06'33" EAST, A DISTANCE OF 591.19 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 2,515,00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 51 "58'48" WEST; THENCE 6) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07"46'49", AN ARC DISTANCE OF 341.52 FEET; THENCE 7) SOUTH 60"21'33" EAST, A DISTANCE OF 288.06 FEET; THENCE 8) SOUTH 61"39'14" EAST, A DISTANCE OF 50.39 FEET; THENCE 9) SOUTH 68"25'32" EAST, A DISTANCE OF 75.52 FEET: THENCE 10) SOUTH 65"24'46" EAST. A DISTANCE OF 364.15 FEET; THENCE 11) SOUTH 49'26'34" WEST, A DISTANCE OF 1,493.74 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 4,895.00 FEET; THENCE 12) SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11"22'57", AN ARC DISTANCE OF 972.45 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 603,00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 59"22'12" WEST; THENCE 13) NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06"47'28", AN ARC DISTANCE OF 71.47 FEET; THENCE X 'òAKê~ o ~ >- - >- m - t- o t::> ()RIGINAI -.,,- Page 2 of 2 EXHIBIT "E" LEGAL DESCRIPTION ZONE CHANGE # 05-0502 14) NORTH 37"25'16" WEST, A DISTANCE OF 167,86 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 397,00 FEET; THENCE 15) NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13"04'19", AN ARC DISTANCE OF 90.58 FEET; THENCE 16) NORTH 24°20'57" WEST, A DISTANCE OF 126.56 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 870.00 FEET: THENCE 17) NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°16'18", AN ARC DISTANCE OF 49.68 FEET: THENCE 18) NORTH 21 °04'39" WEST, A DISTANCE OF 65,62 FEET; THENCE 19) SOUTH 68"55'21" WEST, A DISTANCE OF 69.00 FEET: THENCE 20) NORTH 21 "04'39" WEST, A DISTANCE OF 64.00 FEET: THENCE 21) NORTH 68"55'21" EAST, A DISTANCE OF 69.00 FEET; THENCE 22) NORTH 21"04'39" WEST, A DISTANCE OF 621.00 FEET; THENCE 23) SOUTH 68°55'21" WEST, A DISTANCE OF 69.00 FEET; THENCE 24) NORTH 21°04'39" WEST, A DISTANCE OF 113,00 FEET TO THE POINT OF BEGINNING. CONTAINING 55.66 ACRES, MORE OR LESS. .....__,~__. "_"_"'_'·__,"_·___W·~_.·· _.,_~.~__.«. . .._._ .___.__._._.. ~ ~"Kf~ o ~ ~ ORIOINAF 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 10th day of November , 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4279 passed by the Bakersfield City Council at a rneeting held on the ~day of Novernber. 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 55.82 ACRES TO ALLOW A SINGLE FAMILY RESIDENTIAL DEVELOPMENT WITH PRIVATE STREETS AND RECREATIONAL FACILITY GENERALLY LOCATED ON THE NORTH SIDE OF STATE ROUTE 178, APPROXIMATELY Y. MILE EAST OF FUTURE VINELAND (FILE #05-0502) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY~~~ 1-~¿ DEPU Cit lerk S:\DOCUMENT\FORMS\AOP, ORD, wpd ~ 'òAKI:~ () <J> :... ~ I- m - f- a ö ORIGINAl