HomeMy WebLinkAboutORD NO 4368
ORDINANCE NO.
4988
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-08) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM AN R-2 (LIMITED
MULTIPLE FAMILY DWELLING) ZONE TO A P.U.D. (PLANNED
UNIT DEVELOPMENT) ZONE ON 30.63 ACRES GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF MING AVENUE
AND GOSFORD ROAD, (FILE # 06-0332).
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 at the southwest corner of Ming Avenue and Gosford Road as
shown on Exhibit 2, and as hereinafter described and as set forth and designated upon Zoning
Map No. 123-08 (Exhibit 3) incorporated within and made part of Title Seventeen of the
Bakersfield Municipal Code, more thoroughly described in attached Exhibit 4; and
WHEREAS, by Resolution NO.1 07-06 on June 1, 2006 the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change No. 06-0332 as delineated on attached Zoning Map No. 123-08
marked Exhibit 3, 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 P.U.D is a gated community with private streets consisting of
217 units, with 97 single family residences built on 46'x72' lots, and 120 single family residences
designed in six-unit clusters with common landscaping and zero-lot line property borders, with
two private parks, a recreation center, pool and green belts, as shown in Exhibit 5; 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-2 (Limited
Multiple Family Dwelling) zone to a P.U.D. (Planned Unit Development) zone 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 CECA and City of Bakersfield's CECA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on April 25,
2006, in accordance with CECA; and
WHEREAS, the HMR (High Medium Density Residential) general plan
designation for this area allows residential development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1.
All required public notices have been given
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as follows:
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 a P.U.D.
zone.
4. The proposed zone change is consistent with the HMR (High Medium
Density Residential) Land Use designation of the Metropolitan General
Plan for the subject site.
5. The project, as conditioned, is consistent with the goals and policies of all
elements of the general plan.
6. The conditions of approval, attached hereto as Exhibit "1" are needed to
provide for orderly development, and the public health, welfare and
safety; and
7. 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
purpose of documenting significant effects, it is the conclusion of the Lead
Agency that this project will result in impacts that fall below the threshold
of significance with regard to wildlife resources and, therefore, must be
granted a "de minimis" exemption in accordance with Section 711 of the
State of California Fish and Game Code. Additionally, the assumption of
adverse effect is rebutted by the above-referenced absence of evidence
in the record and the Lead Agency's decision to prepare a Negative
Declaration for this project.
8. Pursuant to BMC Section 17.52.070 find that:
A. The proposed planned residential 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.
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, landscaping and
utilities, together with a program for provision, operation and
maintenance of all areas, improvements, facilities and services
provided on the property.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
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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. 123-08
marked Exhibit 3 attached hereto and made a part hereof, and are more specifically described
in attached Exhibit 4.
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit 1.
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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ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
the Council of the City of Bakersfield at a regular meeting thereof held on
AUG 1 S 2008 by the following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER SA' ~\)~ -^_
PAMELA A. McCARTHY,
CITY CLERK and Ex Offici lerk of the
Council of the City of Bakersfield
APPROVED AUG 16 2006
"~~
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By IJvuc In ~
Exhibits:
1. Conditions
2. Location Map
3. Zone Map 123-08
4. Legal Description
5. P.U.D. Plans
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EXHIBIT "1"
ZONE CHANGE 06-0332
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. Prior to approval of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
1.1. Provide fully executed dedication for Ming Avenue and Gosford Road to arterial standards for
the full frontage of the area within the ZC request as necessary. 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 ZC area is submitted, dedication can be provided with the map.
1.2. 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, the sump must be privately
maintained.
1.3. 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.
1.4. 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 (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.
2. The entire area covered by this Zone Change shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate 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 ZC area.
3. Payment of median fees for the arterial frontage of the property within the ZC request is
required (if not previously paid) prior to recordation of any map or approval of any improvement plan
for the ZC area.
3.1. Garbage pickup will not be allowed in the drive isles of lots 100-218 and garbage
containers must be moved to the private streets for pickup.
CITY ATTORNEY
5. 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.
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ORIGINAL
Exhibit "1"
ZC 06-0332
Page 2 of 9
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
6. The following are the approved minimum setbacks for the 46' x 72' size lots:
. Front-yard:
. Side-yard:
. Rear-yard:
20-ft to garage door; 15-ft to structure; 10-ft to front porch
5-ft to structure
11-ft to structure; 5-ft to covered patio
Orderly development.
7. The following are the approved minimum setbacks for the "Cluster-lots:"
. Street to dwelling unit: 8-ft to structure
. Other setbacks as shown on attached Exhibit "5"
8. All residential dwelling units shall have roll-up garage doors.
Orderly development.
9. Upon development, the northern portion of the easement be landscaped with either turfed or a
dust binder applied, and barriers be placed to prohibit vehicle access, except for tower line
maintenance vehicles, to this portion of the easement. The Planning Director may approve a
community garden or resident RV parking within the easement at a later time through the Site
Plan Review process. However, if the Planning Director deems necessary, any and all proposed
uses within the easement are subject to the provisions of BMC 170.52.110, which may require a
zone change application or Planning Director's report to the Planning Commission.
Orderly development.
10. Upon occupancy of each residential lot abutting the common lot line with the Southwest Branch
library, the developer shall install a tree screen along this common boundary. The tree screen
shall be a minimum size of 24" box evergreen trees spaced 20-feet on center. The screening
plan shall be approved by the Planning Director.
Orderly development.
11. Developer shall be required to construct the two private parks prior to issuance of the 150th
building permit for a residential unit.
To ensure the amenities are provided as required by the PUD zoning.
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Exhibit "1"
ZC 06-0332
Page 3 of 9
12. The Planning Director shall determine the addressing format for the "cluster home"
development. In addition, developer may be required to provide a unit location display map at
the entrances for emergency services.
The "cluster home" design is a new layout in which the Planning Director shall determine the
addressing procedure for orderly development.
MITIGATION MEASURES
Air Qualitv - Recommended by Mcintosh & Associates in "Air Quality Impact Analysis for Ming &
Gosford Project': December 2005
13. Construction PM1Q Mitigation Measures:
The project will maintain compliance with all SJVAPCD Regulation VIII requirements.
. Water all unpaved or haul road surfaces as needed.
. Limit speed on all unpaved roads to 15 mph.
. Water any exposed ground surfaces as needed.
· Stabilize all disturbed areas including inactive storage piles on an as needed basis.
· Maintain at least a 6 inch freeboard space during transport of materials and/or cover and
wet to limit dust emissions.
· Remove mud or dirt accumulations on public roadways immediately when track out
exceeds 50 or more feet as well as at the end of the work day.
. Cease grading activities during periods of high winds where entrainment of dust will
exceed the SJV APCD 20% opacity requirement.
14. Construction Equipment Mitigation Measures:
. Limit idling to no more than 20 minutes at a time.
. All construction equipment shall be maintained to manufacturers' specifications.
. Where possible electric equipment shall be used in lieu of diesel or gas powered
equipment.
· Encourage employees at the construction sites to carpool to and from work as well as
during established lunch hours.
15. Long Term Emissions Mitigation Measures:
. Provide adequate street lighting.
. Provide sidewalks and pedestrian signs and signalization where appropriate.
. Pedestrian safety designs/infrastructures shall be provided at crossings.
. When Transit becomes available to the site, signs, displays, benches and turnouts shall
be provided as needed.
Biolooical Resources
16. The developer will continue with Kit Fox den avoidance techniques previously utilized during
vegetative knockdown at the site. Additionally, the developer will adhere to United States Fish and
Wildlife and California Department of Fish and Game Guidelines for kit foxes and, according to the
Metropolitan Bakersfield Habitat Conservation Plan, the developer will be required to pay habitat
mitigation fees, excavate known kit fox dens, and notify agencies prior to grading in areas of known
dens. <9~KS",^
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Exhibit "1"
ZC 06-0332
Page 4 of 9
Mitigation measure recommended by Paul Pruett and Associates in "Site Monitoring Report, 24+/-
Acres, Ming A venue and Gosford Road, Bakersfield, California, Castle & Cooke Homes, Inc.':
March, 2006
Cultural Resources
17. If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the archeologist.
Mitigation measure as recommended by TG &S in '~n Archaeological Assessment of Parcel Map
10313, A 30 Acre Development in Southwest Bakersfield, Kern County, California': May, 1996
18. SITE PLAN REVIEW CONDITIONS
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 conditions for your project
to satisfy the City's development standards. The item will usuallv need to be shown on the final
buildina olans or comoleted before a buildina oermit is issued. Each has been grouped by
department so that you know whom to contact if you have questions.
A. DEVELOPMENT SERVICES - BUILDING (staff contact - Mark Fick 6611326-3437)
1. 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.
2. The developer shall include fire resistiv~ wall construction details with the final
building plans for all exterior walls of any building that is within 20 feet of property
lines if it is used for commercial or industrial purposes, or 5 feet of property lines
if it is used for residential purposes.
3. The Building Division will calculate and collect the appropriate school district
impact fee at the time they issue a building permit.
4. 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. Private streets are not the public
way.
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Exhibit "1"
ZC 06-0332
Page 5 of 9
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:
Number of Parking Required
Use Dwellina Units Ratio Parkina
Detached Single Family
Residence 217 D.U.'s 2 spaceslD.U. 434 soaces
Total Required 434 Spaces
Developer shall construct the 92 off-street parking spaces as depicted on the site
plan located in the southern portion of the PG&E towerline easement to City
standards. Said off-street parking spaces shall be completed prior to issuance of
the 150th building permit or upon development of the homes in the southernmost
tier of this project, whichever occurs last.
(Note: 434 parking spaces (217 two-car garages) are shown on the proposed site
plan along with several parking lots for overflow/guest parking. By ordinance,
compact and tandem spaces cannot be counted toward meeting minimum
parking requirements)
2. Minimum parking stall dimensions shall be 9 -feet wide by 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.
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. 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 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, light 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 if they negatively affect adjacent properties.
5. Because off site parking and/or off site access to the project is being proposed,
the developer shall file with the Planning Division before any building permits are
issued, a copy of a recorded lease, C. C. and R's, or other instrument that
ensures that the offsite parking and/or legal access proposed for this project is
available for its actual lifetime.
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Exhibit" 1"
ZC 06-0332
Page 6 of 9
6. The developer shall file with the Planning Division before any building permits are
issued a copy of a recorded map, C. C. and R. 's, or other instrument that
ensures that drive aisles, parking, and access are privately maintained and are
legally shared in common as depicted on the site plan for the life of the project.
7. 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).
(NOTE: At the time a final site inspection is conducted, it is expected that plants will match
the species identified and be installed in the locations consistent with the approved
landscape plan. Changes made without prior approval of the Planning staff may result in
the removal andlor relocation of installed plant materials and delays in obtaining building
occupancy.)
8. 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.
9. NOTICE - This project is within an area of documented "known" den sites for the
San Joaquin kit fox. A kit fox clearance survey is needed Drior to aDDroval of
a aradina Dlan and any around disturbance to determine if kit fox dens exist
on the site. The Planning Division must receive a copy of this clearance survey.
This also requires that the applicant provide notice to wildlife agencies at least 5
business days before grading occurs and/or any found den sites are excavated.
Forms and instructions are available at the
Planning Division. Please contact Margaret Adams at (661) 326-3672 if you
have questions concerning this matter. (Metropolitan Bakersfield Habitat Conservation
Plan Implementation/Management Agreement Section 4.7.4 & Bakersfield Municipal Code
915.68.070).
10 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 $1,430 for each independent residential unit.
11. 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.
12. 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
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Exhibit "1"
ZC 06-0332
Page 7 of 9
DOGGR. The developer shall also be subject to provisions of BMC Section
15.66.080 (B.).
13. 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).
C. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706)
1. Show on the final building plans the following items:
a. All fire hvdrants. 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 Dave Weirather. (Note: All new fire
hydrants must be purchased from the Fire Department.)
b. Proiect address. includino suite number if aoolicable. If the project is
within a shopping or business center, note the name and address of the
center.
2. 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.
3. All homes contain sprinklers in the garage, kitchen area, and laundry room.
4. The sprinkler systems in those rooms comply with NFPA 13R Sprinkler
Standards.
D. PUBLIC WORKS - ENGINEERING (staff contact - George Gillburg 661/326-3997)
1. The developer shall install 2 streetlights along Gosford Road and Ming Avenue
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
streetlights 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.
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Exhibit "1"
ZC 06-0332
Page 8 of 9
2. 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.
3. 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 shall 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 will be issued.
4. 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.
5. 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.
6. 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.
7. 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.
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 developer shall, along the entire frontage of the development within Gosford
Road and Ming Avenue, either construct a landscaped median island or pay $32
for each linear foot of the project's street frontage to the city for construction of
the median island (~-width). Building permits will not be issued until one of
these options is approved by the Public Works Department.
10. The developer shall form a new or join an existing maintenance district for
maintaining the landscaped median island within Gosford Road and Ming
Avenue along the entire frontage of the development.
11. 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 661/326-3576).
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Exhibit "1"
ZC 06-0332
Page 9 of 9
12. The developer shall install a full sized manhole in each sewer line before it
connects to the sewer main. This manhole is to be located within the property
being developed and must be easily accessible by City workers.
13. The developer shall dedicate additional road right-of-way as needed for a right
turn lane at Escala Way and shall construct a right turn lane at Escala Way in
accordance with city standards.
E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997)
1. Street return type approaches, if used, shall have 20-foot minimum radius returns
with a 40' & 50' throat width. All dimensions shall be shown on the final building
plans.
2. Two-way drive aisles shall be a minimum width of 24 feet. If perpendicular (900)
parking spaces are proposed where a vehicle must back into these aisles, the
minimum aisle width shall be 25 feet. All parking and drive aisle dimensions shall
be shown on the final building plans.
F. PUBLIC WORKS - SOLID WASTE (contacts - James Scrivano or John Wilburn
661/326-3114)
1. Before building permits are issued, the developer must meet with city staff to
determine type and location of refuse service.
2. Residential properties with three (3) units or less will be serviced with automated
carts. Every dwelling unit must have its own cart and no more than three (3)
carts will be allowed for each parcel. Screened storage locations must be
provided for carts when they are not out for collection (this area shall be clearly
shown on the final building plans). The Solid Waste Division will determine
where service collection will occur (street curbside or alley).
Byelisheva S:\ZoneChangeI06-0332106-0332 ZGExh1.DOGI
6/29/2006
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PROPOSED ZONE CHANGE
CITY OF BAKERSFIELD
CASTLE AND COOKE CALIFORNIA, INC
LEGAL DESCRIPTION
BEING ALL OF PARCELS 1 AND 2 OF PARCEL MAP NO. 10313, FILED FOR
RECORD IN PARCEL MAP BOOK 52 AT PAGES 198 AND 199, IN THE
OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING ALL THAT
PORTION OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 30
SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION, MARKED
BY A 6 INCH CONCRETE MONUMENT WITH BRASS CAP STAMPED uRCE
6640" IN A LAMPHOLE PER SAID PARCEL MAP, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF GOSFORD ROAD AND MING
AVENUE; THENCE ALONG THE FOLLOWING TEN (10) COURSES:
.
1) SOUTH 00029'10" WEST, ALONG THE EAST LINE OF SAID
NORTHEAST QUARTER AND THE CENTERLINE OF GOSFORD
ROAD, A DISTANCE OF 1,187.79 FEET TO THE EASTERLY
PROLONGATION OF THE NORTH LINE OF LOT 1 OF TRACT NO.
5591, FILED FOR RECORD IN MAP BOOK 39 AT PAGES 103 AND
104, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE
2) NORTH 89030'50" WEST, ALONG SAID PROLONGATION AND SAID
NORTH LINE, A DISTANCE OF 1,304.47 FEET TO THE EAST RIGHT-
OF-WAY LINE OF THE ARVIN EDISON WATER STORAGE DISTRICT
CANAL PER FIRST AMENDED FINAL ORDER OF CONDEMNATION,
RECORDED IN BOOK 4000 AT PAGE 17 OF OFFICIAL RECORDS, IN
THE OFFICE OF THE KERN COUNTY RECORDER; THENCE
3) NORTH 02003'51" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, A
DISTANCE OF 166.83 FEET TO THE BEGINNING OF A CURVE,
CONCAVE WESTERLY, HAVING A RADIUS OF 1,060.00 FEET;
THENCE
4) NORTHERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
EAST RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF
01009'30", AN ARC DISTANCE OF 21.43 FEET; THENCE
5) NORTH 00054'21" EAST, CONTINUING ALONG SAID EAST RIGHT-
OF-WAY LINE, A DISTANCE OF 371.71 FEET TO THE BEGINNING
OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 940.00
FEET; THENCE
Q:\PROJECTS\680848\LEGALS\0848ZC.doc GC 3/29/06
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EXHIBIT "4-"
PROPOSED ZONE CHANGE
CITY OF BAKERSFIELD
CASTLE AND COOKE CALIFORNIA, INC
LEGAL DESCRIPTION
(CONTINUED)
6) NORTHERLY ALONG SAID CURVE AND CONTINUING ALONG SAID
EAST RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF
00051'03", AN ARC DISTANCE OF 13.96 FEET; THENCE
7) NORTH 01045'24" EAST, CONTINUING ALONG SAID EAST RIGHT-
OF-WAY LINE, A DISTANCE OF 387.10 FEET TO THE SOUTHWEST
CORNER OF PARCEL 4 OF PARCEL MAP NO. 7331, FILED FOR
RECORD IN PARCEL MAP BOOK 31 AT PAGE 194; THENCE
8) SOUTH 89009'52" EAST, ALONG THE SOUTH LINE OF SAID PARCEL
4, A DISTANCE OF 362.89 FEET TO THE SOUTHEAST CORNER OF
SAID PARCEL 4; THENCE
9) NORTH 00050'08" EAST, ALONG THE EAST LINE AND THE
NORTHERLY PROLONGATION OF SAID EAST LINE OF PARCEL 4, A
DISTANCE OF 234.79 FEET TO THE NORTH LINE OF SAID
NORTHEAST QUARTER, SAID NORTH LINE ALSO BEING THE
CENTERLINE OF MING AVENUE; THENCE
10) SOUTH 89009'52" EAST, ALONG SAID NORTH LINE AND THE
CENTERLINE OF MING AVENUE, A DISTANCE OF 923.69 FEET TO
THE POINT OF BEGINNING.
CONTAINING 33.46 ACRES, MORE OR LESS.
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MciNTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield, CA 93309
(661) 834-4814
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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 1 ih day of AUQust ,2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4368. passed by the
Bakersfield City Council at a meeting held on the 16th day of AUQust. 2006 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-08) OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM AN R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ZONE TO A P.U.D. (PLANNED UNIT DEVELOPMENT)
ZONE ON 30.63 ACRES GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF MING AVENUE AND GOSFORD ROAD, (FILE # 06-0332).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: Mh +"':"'C
DEPUTY C Clerk
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