HomeMy WebLinkAboutORD NO 4363
ORDINANCE NO.
4363
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 123-26)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-1 (ONE-FAMILY
DWELLING ZONE) TO P.U.D. (PLANNED UNIT
DEVELOPMENT ZONE) ON APPROXIMATELY 5 ACRES,
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
STINE ROAD AND BERKSHIRE ROAD (ZC NO. 05-1455).
WHEREAS, in accordance with the procedures 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 that certain property in the City of Bakersfield,
generally located at the northeast corner of Stine Road and Berkshire Road; and
WHEREAS, by Resolution No. 97-06 on May 18, 2006, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change No. 05-1455 as delineated on attached Zoning Map 123-26 marked
Exhibit "A", by this Council and this Council has fully considered the recommendations made by
the Planning Commission as set forth in that Resolution and restated herein; 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 R-1 (One-Family Dwelling Zone) to
P.U.D. (Planned Unit Development Zone), and the Council has considered said findings as
restated herein and all appear to be true and correct; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on March
3, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for high density residential
development; and
WHEREAS, the City Council has considered and concurs with the following findings
made by the Planning Commission as set forth in Resolution No. 97-06, adopted on May 18,
2006:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been followed.
3. Based on the Initial Study and comments received, staff has determined that the
proposed project could not have a significant effect on the environment. A
Negative Declaration was prepared for the project in accordance with CEQA.
4. The proposed project is consistent with the surrounding land uses.
5. The proposed project, as shown on Exhibit "A," is consistent with the
Metropolitan Bakersfield General Plan.
6. The public necessity, general welfare and good planning practices justify the
requested zone change, as shown on Exhibit "A."
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7. The conditions of approval, attached hereto as Exhibit "C," are needed to provide
for orderly development and the public health, welfare and safety.
8. In accordance with Bakersfield Municipal Code Section 17.52.070, the Planning
Commission found as follows:
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.
9. Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEQA) for the purposes 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.
10. The laws and regulations relating to the preparation and adoption of Negative
Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by city
staff and the Planning Commission.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
1. That the above recitals, incorporated herein, are true and correct.
2. The Negative Declaration is hereby 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 are shown on
Zoning Map 123-26 marked Exhibit "A" attached hereto and made a part hereof,
and are more specifically described in attached Exhibit "B," exclusively for the
development generally depicted in attached Exhibit liD," Preliminary
Development and Landscape Plans, and Exhibit liE," Building Elevations. x ~þ.,K(:'1>
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4. Such zone change is hereby made subject to the "Mitigation/Conditions of
Approval" listed in attached Exhibit "C," subject to approval of GPA No. 05-1455.
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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I HEREBY CERTIFY that the foregoing Ordinance was passed and adoQte1' by zOO
Council of the City of Bakersfield at a regular meeting thereof held on JlJL 9 6
by the following vote:
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ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ÏI"V'\~) +-t~ ~~
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
APPROVED
JUL 1 9 2006
HARVEY L. H LL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GEN~fRO
City Attorney /
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Exhibit A - Zoning Map 123-26
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
D - Preliminary Development and Landscape Plans
E - Building Elevations
PH -S:\GPA 1 st 2006\05-1455\Resolutions\CC ZC Ordinance.doc
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Exhibit A
Z()ning Map 123-26
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Exhibit B
l()ne Change Legal Descripti()n
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ZONE CHANGE NO. 05-1455
From R-1 t() P.U.D.:
BEING PARCEL 1 OF PARCEL MAP NO. 2503 AS RECORDED ON NOVEMBER 4, 1974 IN
BOOK 11, PAGE 163 IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING A
PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 26, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND
MERIDIAN IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 26, SAID WEST
QUARTER CORNER ALSO BEING THE CENTERLINE INTERSECTION OF STINE ROAD
AND BERKSHIRE ROAD AND BEING MONUMENTED BY A CONCRETE MONUMENT
MARKED FOR SAID CORNER PER FIELD BOOK 738, PAGE 17, AND REPLACED ON
OCTOBER 13, 1965 AS FILED IN THE OFFICE OF THE KERN COUNTY SURVEYOR;
HEREBY KNOWN AS THE TRUE POINT OF BEGINNING;
THENCE:
THENCE:
NORTH 00°00'51" WEST ALONG THE WEST LINE OF SECTION 26 AND THE
CENTERLINE OF STINE ROAD, A DISTANCE OF 466.99 FEET TO THE
SOUTH LINE OF TRACT MAP NUMBER 5432, THE LINE BEING
MONUMENTED BY A 2" IRON PIPE TAGGED R.C.E.15823 AS SHOWN IN
TRACT MAP 5432 UNIT 1 RECORDED IN MAP BOOK 37, PAGE 73, O.R.;
LEAVING THE SECTION LINE AND CENTERLINE OF STINE ROAD SOUTH
89°41'55" EAST ALONG THE SOUTHERN PROPERTY LINE, A DISTANCE OF
466.00 FEET TO THE WESTERN PROPERTY LINE OF SAID TRACT 5432;
LEAVING THE SOUTHERN PROPERTY LINE OF SAID TRACT 5432 SOUTH
00°00'51" EAST ALONG THE WESTERN PROPERTY LINE OF TRACT 5432, A
DISTANCE OF 466.99 FEET TO THE MID SECTION LINE OF SECTION 26
AND THE CENTERLINE OF BERKSHIRE ROAD;
ALONG THE MID SECTION LINE OF SECTION 26 AND THE CENTERLINE OF
BERKSHIRE ROAD NORTH 89°41'55" WEST, A DISTANCE OF 466.00 FEET,
RETURNING TO THE TRUE POINT OF BEGINNING.
THENCE:
THENCE
CONTAINING 4.99 ACRES, MORE OF LESS
END OF LEGAL DESCRIPTION
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Exhibit C
Mitigati()n/C()nditi()ns ()f Appr()val
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EXHIBIT C
Mitigati()n/C()nditi()ns ()f Appr()val
Z()ne Change N(). ()5-1455
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Resources:
1. If cultural resources are encountered during construction, a qualified archaeologist shall be
retained by the developer to evaluate the significance of the resources and to formulate a
mitigation program if necessary. The archaeologist shall coordinate with the City of
Bakersfield Planning Department. Mitigation for potentially significant cultural resource
impacts.
2. If human remains are discovered during grading or construction activities, work would
cease pursuant to Section 7050.5 of the California Health and Safety Code. If human
remains are identified on the site at any time, work shall stop at the location of the find and
the Kern County Coroner shall be notified immediately (Section 7050.5 of the California
Health and Safety Code and Section 5097.98 of the California Public Resources Code
which details the appropriate actions necessary for addressing the remains) and the local
Native American community shall be notified immediately. Mitigation for potentially
significant cultural resource impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Development Services - Buildina Division:
3. An approved grading plan is required prior to final plan approval. 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 grading plans must be
consistent with the final building site plans and landscaping plans. Building permits will
not be issued until the grading plan is approved by both the Building Division and Public
Works Department. For public health, safety and welfare.
4. Include with or show on the final building plans information necessary to verify that the
project complies with all disability requirements of Title 24 of the State Building Code.
For public health, safety and welfare.
5. The developer shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for
any public pool or related facility before building permits can be issued. Disabled
access to any public pool and related facility shall comply with Title 24 of the State
Building Code. For public health, safety and welfare.
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Exhibit C
ZC No. 05-1455
Mitigation/Conditions of Approval
6. The developer shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for
any food handling facility, (Le., market, delicatessen, cafe, concession, restaurant)
before building permits can be issued. For public health, safety and welfare.
7. Structures exceeding 10,000 square feet in area shall require installation of an
automatic fire sprinkler system. For public health, safety and welfare.
8. Before the Building Division can allow occupancy of this apartment complex, they must
inspect and approve the placement and colors of the address numbers identifying each
unit and/or building, and on-site building/unit location maps so that emergency
personnel can easily find a specific unit when responding to the site during an
emergency. For public health, safety and welfare.
9. The Building Division will calculate and collect the appropriate school district impact fee
at the time they issue a building permit. For orderly development.
10. Final building plans shall show pedestrian access pathways or easements for persons
with disabilities from public rights-of-way that connect to all accessible buildings,
facilities, elements, and spaces in accordance with the California Building Code. These
pedestrian access ways shall not be parallel to vehicular lanes unless separated by
curbs or railings. For public health, safety and welfare.
Development Services - Plannina Division:
11. The minimum parking required for this project has been computed based on use and
shall be as follows:
Use
Condominium complex
for persons 62 years
and older
N(). ()f
Dwellina Units
78 D.U.'s
Parkina Rati()
1 space/2 D.U.
Required
Parkina
39 spaces
(Plus 10% additional for guest parking): 4 spaces
T()tal Required: 43 spaces
Note: 112 parking spaces are shown on the proposed site plan. By ordinance, compact and
tandem spaces cannot be counted toward meeting minimum parking requirements.
For public health, safety and welfare.
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Exhibit C
ZC No. 05-1455
Mitigation/Conditions of Approval
12. Prior to building permits being issued, the applicant shall provide the Planning Division a
copy of a recorded covenant against the property that requires at least one resident in
each unit to be 62 years of age or over, or be a person with a disability as defined by
state law. For orderly development.
13. Minimum parking stall dimensions shall be 9 feet wide x 18 feet 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. For
orderly development.
14. 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.). For public health, safety and welfare.
15. Lighting is required for all parking lots, except residential lots with 4 units or less
(Section 17.58.060A). Illumination shall be evenly distributed across the parking area
with light fixtures designed and arranged so that light is directed downward and is
reflected away from adjacent residential properties and streets. Use of glare shields or
baffles may be required for glare reduction or control of back light. No light poles,
standards and fixtures, including bases or pedestals, shall exceed a height of 40 feet
above grade. However, standards placed less than 50 feet from residentially zoned or
designated property, or from existing residential development, shall not exceed a height
of 15 feet. The final building plans shall include a picture or diagram of the light fixtures
being used and show how light will be directed onto the parking area. Please note that
staff can require additional adjustments to installed lighting after occupancy to resolve
glare of other lighting problems that effect adjacent properties. For public health, safety
and welfare.
16. 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 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). For orderly development.
(NOTE: At the time a final site inspecti()n is c()nducted, it is expected that plants
will match the species identified and be installed in the locations consistent with
the approved landscape plan. Changes made with()ut pri()r appr()val ()f the
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Exhibit C
ZC No. 05-1455
Mitigation/Conditions of Approval
Planning staff may result in the removal and/()r rel()cati()n ()f installed plant
materials and delays in ()btaining building ()ccupancy.)
17. A solid masonry wall is required to be constructed adjacent to residentially zoned
property (north and east property lines). This wall shall be constructed a minimum
height of 7 feet as measured from the highest adjacent finished property grade and will
require a building permit. If the parking lot, including drive aisles, delivery areas,
loading and unloading areas are within 10 feet of residentially zoned property, a 7 -foot
wide landscape strip that includes landscaping consistent with Chapter 17.61 shall be
installed between the wall and parking/drive areas. For public health, safety and
welfare.
18. 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. For compliance with the requirements of the
Metropolitan Bakersfield Habitat Conservation Plan.
19. A Park Development and Improvement Fee shall be paid at the time a building permit is
issued. This fee will be based on the rate in effect at the time the permit is issued. The
current fee is $1,430 for each independent residential unit. For orderly development.
20. 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. For public health, safety and
welfare.
21. 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 Municipal Code Section 15.66.080 (B.).
For public health, safety and welfare.
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Exhibit C
ZC No. 05-1455
Mitigation/Conditions of Approval
22. 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 15
mph on all unpaved areas/ washing of construction vehicles before they enter public
streets to minimize carryoutltrack out; and cease grading and earth moving during
periods of high winds (20 mph or more). For public health, safety and welfare.
23. Prior to receiving final building or site occupancy, you must contact the Planning
Division 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. For public health, safety and welfare.
Fire Department:
24. Show on the final building plans the following items:
a. All fire lanes as identified on the returned plans. Any modifications shall be
approved by the Fire Department. Fire lane identification signs shall be installed
every 100 feet with red curbing when curbing is required. All work shall be
completed before occupancy of any building or portion of any building is allowed.
b. All fire hydrants, both offsite (nearest to site) and on-site. Include flow data on all
hydrants. Hydrants shall be in good working condition and are subject to testing
for verification. Fire flow requirements must be met prior to construction
commencing on the project site. Please provide 2 sets of the engineered water
plans to the Prevention Services Division. (Note: All new fire hydrants must be
purchased from the Fire Department.)
c. All fire sprinkler and/or stand 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.
d. Project address, including suite number if applicable. If the project is within a
shopping or business center, note the name and address of the center.
e. Name and phone number of the appropriate contact person.
For public health, safety and welfare.
25. The developer must request an inspection of any underground sprinkler feeds at least
24 hours before they are buried. The Prevention Services Division (900 Truxtun
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Exhibit C
ZC No. 05-1455
Mitigation/Conditions of Approval
Avenue, Suite 210, Bakersfield, CA; Ph. 661/326-3979) must complete all on-site
inspections of fire sprinkler systems and fire alarm systems before any building is
occupied. For public health, safety and welfare.
26. The developer shall show on the final building plans a minimum 20-foot wide all-weather
emergency access with an overhead clearance of 13 feet-6 inches within 150 feet 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. For public health, safety and
welfare.
27. 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. For public health,
safety and welfare.
28. A program for enforcement by the homeowner's association of illegal parking in the
access drives shall be provided to the satisfaction of the Fire Department and City
Attorney, which may include posting of signs and/or painting/staining curbs red to
prohibit illegal parking. This program must be recorded as a separate document or be
incorporated into the recorded CC&R's. For public health, safety and welfare.
Public Works - EnQineerinQ:
29. The developer shall install (2) two street lights along Berkshire and Stine Roads as
shown by staff on the returned site plan. The developer shall be responsible for
providing the labor and materials necessary to energize all newly installed street lights
before occupancy of the building or site. These improvements shall be shown on the
final building plans submitted to the Building Division before any building permits will be
issued. For orderly development.
30. The developer shall construct standard handicap ramps at the northeast and northwest
corner of private driveway on Berkshire 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. For orderly development.
Page 6 of 11
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Exhibit C
ZC No. 05-1455
Mitigation/Conditions of Approval
31. 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. For orderly development.
32. All on-site areas required to be paved (i.e., 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 shall be a minimum thickness of 2
inches over 3 inches of approved base material (i.e., 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. For public health, safety and welfare.
33. 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. For public health, safety and welfare.
34. Before any building or site can be occupied, the developer must reconstruct or repair
substandard off-site street improvements that front the site 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. For
orderly development.
35. A street permit from the Public Works Department shall be obtained before any work
can be done within the public right-of-way (streets, alleys, easements). Please include
a copy of this site plan review decision to the department at the time you apply for this
permit. For public health, safety and welfare.
36. A sewer connection fee shall be paid at the time a building permit is issued. This fee
will be based on the rate in effect at the time a building permit is issued. For orderly
development.
37. 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 on 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. For orderly development.
38. The developer shall, along the entire frontage of the development within Stine Road,
either construct a landscaped median island or pay $40 per linear foot to the City for
construction of the median island (%-width). Building permits will not be issued until one
Page 7 of 11
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Exhibit C
ZC No. 05-1455
Mitigation/Conditions of Approval
of these options is approved by the Public Works Department. For orderly
development.
39. The developer shall form or join a maintenance district for maintaining the landscaped
median island within Stine Road along the entire frontage of the development. For
orderly development.
40. The legal description (i.e., lot and tract number and/or assessor's parcel number) shall
be shown on the final building plans. For orderly development.
41. The developer shall dedicate additional road right-of-way to the City of Bakersfield along
Stine Road to full arterial street width according to adopted city standards. For orderly
development.
42. All storm water generated on the project site, including the street frontage, shall be
retained onsite unless otherwise allowed by the Public Works Department (please
contact the Public Works Department - Subdivisions at 326-3576). For public health,
safety and welfare.
43. Along with submittal of any development plan, improvement plan, or application for a lot
line adjustment, the following shall occur:
a. Provide fully executed dedication for Stine Road to arterial standards and Berkshire
Road to collector standards for the full frontage of the area within the GPA request.
Dedications shall include sufficient widths for expanded intersections and additional
areas for landscaping as directed by the City Engineer. Submit a current title report
with the dedication documents. If a tentative subdivision map over the entire
GPAlZC area is submitted, dedication can be provided with the map.
b. This GPAlZC area is too small to support its own storm drainage sump. Submit a
comprehensive drainage study to be reviewed and approved by the City Engineer.
No more than 1 sump may be utilized to serve this area; these sumps should be
located so that they may be available to serve adjacent areas as they develop. If
only one sump is utilized to serve this GPAlZC area, it need not be so located. The
study shall be approved and any required retention site and necessary easements
dedicated to the City.
c. Sewer service must be provided to the GPAlZC area. Submit verification to the City
Engineer of the existing sewer system's capability to accept the additional flows to
be generated through development under the new land use and zoning.
d. In order to preserve the permeability of the sump and to prevent the introduction of
sediments from construction or from storm events, all retention and detention basins
Page 8 of 11
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Exhibit C
ZC No. 05-1455
Mitigation/Conditions of Approval
(sumps) shall have a mechanical device in the storm drain system to remove or
minimize the introduction of oil, grease, trash, and sediments to the sump. This
device shall be reviewed and approved by the City Engineer, and shall provide the
greatest benefit to the storm drain system with the least maintenance cost.
For orderly development.
44. The entire area covered by this General Plan Amendment shall be included in the
Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the
Consolidated Maintenance District with submittal of any development plan, tentative
subdivision map, Site Plan Review, or application for a lot line adjustment for any
portion of this GPA area. For orderly development.
45. Payment of median fees for the arterial frontage of the property within the GPAlZC
request is required prior to recordation of any map or approval of any improvement plan
for the GPAlZC area. For orderly development.
46. Prior to the issuance of any building permit, the developer shall pay the applicable
Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield
Public Works Department. For orderly development.
Public Works - Traffic:
47. Street return type approach(es), if used, shall have 20-foot minimum radius returns with
a 25-foot throat width. All dimensions shall be shown on the final building plans. For
orderly development.
48. Show the typical parking stall dimensions on the final building plans (minimum stall size
is 9 feet x 18 feet). For public health, safety and welfare.
49. If main entrance is gated, the gate shall be setback a minimum distance of 60 feet from
the flow line of Berkshire Road in accordance with Table 4.9.2 of the Subdivision Design
Manual. For public health, safety and welfare.
50. Show on final site plan that the proposed wrought-iron fence along Stine and Berkshire
Roads meet City of Bakersfield Standard T -11 for clear sight distance at the corner.
You may assume the existence of a median island on Stine Road when laying out the
sight line. Please contact the traffic engineer's office for assistance in meeting this
condition. For public health, safety and welfare.
Page 9 of 11
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Exhibit C
ZC No. 05-1455
Mitigation/Conditions of Approval
Public Works - Solid Waste:
51. Y()U must c()ntact J()hn Wilburn ()r James Scrivan() at 661/326-3114 bef()re
buildina Dermits can be issued ()r w()rk beains ()n the Dr()Dertv t() establish the
level and tvDe of service necessary f()r the c()lIecti()n ()f refuse and/or recycled
materials. Collection locations must provide enough containment area for the refuse
that is generated without violating required zoning or setback restrictions. Levels of
service are based on how often collection occurs as follows:
Cart service 1 cubic yard/week or less than 1 time per week
Front loader bin services 1 cubic yardlweek - 12 cubic yards/day
Roll-off compactor service -- More than 12 cubic yards/day
For public health, safety and welfare.
52. Show on the final building plans refuse bin enclosures. Each enclosure shall be
designed according to adopted city standard (Detail #5-43), at the size checked
below0. Before occupancy of the building or site is allowed, 8 (eight), 3 cubic yard front
loading type refuse bin(s) shall be placed within the required enclosure(s).
8-0 6' deep x 8' wide (1 bin)
()r 4-0 8' deep x 10' wide (2 bins)
()r automated carts for each unit (subject to approval of the Solid Waste Division)
NOTE: All encl()sure measurements ab()ve are inside dimensi()ns. If both refuse and
recycling containers are to be combined in the same enclosure area, this area must be
expanded in size to accommodate multiple containers/bins (contact the staff persons identified
above for the appropriate enclosure size).
For public health, safety and welfare.
53. Facilities that participate in recycling operations must provide a location that is separate
from the refuse containment area. For public health, safety and welfare.
54. Bin enclosures (or carts) must be located in areas to prevent the backing of refuse
trucks. For public health, safety and welfare.
Page 1 0 of 11
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ORIGINAL
Exhibit C
ZC No. 05-1455
Mitigation/Conditions of Approval
City Attornev:
55. 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.
Page 11 of 11
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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 20th day of July ,2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4363, passed by the
Bakersfield City Council at a meeting held on the 19th day of July, 2006 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONING MAP 123-26) OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM R-1 (ONE-FAMILY DWELLING ZONE)
TO P.U.D. (PLANNED UNIT DEVELOPMENT ZONE) ON
APPROXIMATELY 5 ACRES, GENERALLY LOCATED AT THE
NORTHEAST CORNER OF STINE ROAD AND BERKSHIRE ROAD (ZC
NO. 05-1455).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:A~
DEP Ci Clerk
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