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HomeMy WebLinkAboutORD NO 3861ORDINANCE NO. 8 8 6 I AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.102- 31 BY CHANGING THE ZONING OF 20.33 ACRES GENERALLY LOCATED ON THE EAST SIDE OF CALLOWAY DRIVE AND NORTH OF THE CROSS VALLEY CANAL FROM A PUD (PLANNED UNIT DEVELOPMENT) TO A PUD (PLANNED UNIT DEVELOPMENT) FOR THE GLENWOOD GARDENS DEVELOPMENT CONSISTING OF A 382 BED MULTI-LEVEL MEDICAL AND RECOVERY CARE CENTER. (ZC #P98-0331) 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 east side of Calloway Drive, and north of the Cross Valley Canal; and WHEREAS, by Resolution No.64-98 on July 2, 1998, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a zone change of the subject property from a PUD (Planned Unit Development) zone to a revised PUD (Planned Unit Development) zone as delineated on attached Zoning Map No. 102-31 marked Exhibit "A", and further delineated in Exhibit "B," 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 PUD (Planned Unit Development) to a revised PUD (Planned Unit Development) consisting of a 382 bed multi- level medical and recovery care center, known as Glenwood Gardens as shown on attached Exhibit "D" and "E", and the Council has considered said findings and all appear to be true and correct; and WHEREAS, in response to the applicant's request, the Planning Commission requested the City Council consider waiving the payment of park development fees required pursuant to Bakersfield Municipal Code Chapter 15.82; and WHEREAS, on July 13, 1998, an appeal of the decision of the Planning Commission was filed by CORNERSTONE ENGINEERING, in accordance with the provisions of the Bakersfield Municipal Code; and WHEREAS, the City Clerk has set WEDNESDAY, AUGUST 12, 1998, at the hour of 7:00 p.m. or soon thereafter, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, CA, as the time and place for a public hearing was given in the manner provide in the Bakersfield Municipal Code; 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 Page I of 3 EXHIBIT"B" LEGAL DESCRIPTION ZC PUD P98-0331 Being a portion of the Southeast 1/4 of Section 31, Township 29 South, Range 27 East, M.D.B.& M. in the City of Bak~sBeld, State of California, according to the Kern County Filed Map of said land, recorded in book 6 of Filed Maps at page 46, more particularly described as follows: Be~_inning at a Survey Monument with brass cap, tagged R.E. 6640 for the East 1/4 Comer of Section 31, Township 29 South, Range 27 East M.D.B.&M.; thence $ 0' 43' 19' W along the I~J~t line of said Section 31 a distance of 10.00 feet to a point; said point being the inlm~ion of the East line of the South~ I/4 of said Secgon 31 and the South Right of Way of the Proposed Kern River Freeway Ali?ment, said point being the True Point of Beginning for this description; thence along said South Right of Way the following four (4) courses: (1) N 89' 08' 14" W a distance of 415.67 feet; thence (2) S 85' 02' 12' W a distance of I033.92 feet; thence (3) S 46' 15' 07' W a distance of 249.18 feet; thence (4) S 17' 01' 24' W a distance of 437.30 feet to a point; said point being the intersection of the south Right of Way of the Kern River Freeway Alignment and the ~:J~t Right of Way of Calloway Drive (110' wide); thence $ 00' 413' 19" W a distance of 462.38 feet along the 1:~ Right of Way of Calloway Drive to the befli_'nnln5 of a Tangent Curve, concave Eaateriy, having a Radins of 3945.15 feet; thence along said curve and the Fast Right of Way of Calloway Drive Southerly through a central angle of 01 ' 13' 36', an arc length of 84.46 feet to a point; said point being the intersection of the f:~t Right of Way of Calloway Drive and the north boundary of the Cross Valley Cnnnl; thence along the north boundary of the Cross Valley Cnnn! the following twleve (12) courses: (1) N 80' 20' 30' E a distnnc,' of 190.30 feet; thence (2) S 09' 39' 30' E a distance of 5.00 feet to the beginning of a Non-Tangent Curve, concave Northerly, having a Radius of 320.01 feet and to which a be~nnin5 !r~riln! line bears $ 09' 39' 30' E; thence (3) along said curve through a centcal angle of 33' 08' 13, an arc length of 185.08 feet; thence (4) departing tangent to said curve N 47' 12' 17' E a distance of 222.§8 feet to the beginning of a Tangent Curve, concave Northwesterly, having a ~ndius of 320.01 feet; thence (5) thence along said curve northeasterly, through a central angle of 25' 18' 49', an arc length of 141.38 feet; thence (6) departing tangent to said curve N 21 ' 53' 28" E a distance of 106.40 feet to the beginning of a Tangent Curve, concave Southeasterly, having n Radius of 580.02 feet; thence (73 along said curve northeasterly, through a central angle of 50' 19' 38', an arc length of 509.48 feec thence (8) departing tangent to said curve N 72' 13' 06" E a distance of 104.52 feet to the beginnin~i~,~.~. Page 1 of 2 ~ ORK.~IN^L WHEREAS, a Negative Declaration was advertised and posted on June 5,1 998, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development; and findings: WHEREAS, the City Council has considered and hereby makes the following 1. All required public notice have been given. 2. The provisions of CEQA have been followed. 3. The proposed project will not significantly affect the physical environment in the area and substantial changes are not proposed which require revisions to the previous Negative Declaration approved on May 7, 1997 for Zone Change P96-0963 due to new environmental impacts not originally considered (CEQA Section 15162). 4. The proposed zone change is consistent with the Metropolitan Bakersfield 2010 General Plan. 5. The proposed planned unit development zone and preliminary development plan are consistent with the general plan and objectives of this ordinance. 6. 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. 7. The proposed development justifies exception from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, 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. 8. Due to the physical constraint of the sump, Condition No. 8 of Section I and Condition No. B.2. of Section III shall be revised to allow a landscape width of less than 10 feet behind sidewalk for the area immediately adjacent the sump on Calloway Dr. For this area, the width of the landscape area between the back of sidewalk and block wall shall be the maximum allowable based upon physical requirements for placement of the wall. The placement of the wall will be in a location so as to not interfe~re with clear sight line or utilities and be approved by the City Engineer. A retaining wall is not necessary. The landscape plan shall be approved by the Planning Director. 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 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. Page 2 of 3 ORN3rNAL 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. The decision of the Planning Commission is hereby upheld. 4. 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. 102-31 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 5. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "C". SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. .......... 000 ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and ad.,o~ted by the City Council of the City of Bakersfield at a regular meeting thereof held on AUG 2 t~ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER "Y~.~-.~ COUNCILMEMBER ~ COUNCILMEMBER y~ ~ APPROVED THIS AUG ~ $ '1~ MAYOR CITY CLERK and Ex Offici~lerk o the City Council of the City of Bakersfield APPROVED AS TO FORM BY THE OFFICE OF THE CITY ATTORNEY: JENG \ P:~'~331~Z.0331-ORDCC.wpd August 4, 1998 Page 3 of 3 ORIGtNAL A CiTY OF BAKERSFIELD ZONING MAP 1©2-51 SEC 31 T 29s R 27£ LEGEND co co FP-P EXHIBIT "B" LEGAL DESCRIPTION ZC PUD P98-0331 Being a portion of the Southeast 1/4 of Section 31, Townstrip 29 South, Range 27 East, M.D.B.& M. in the City of Bak~F~eld, State of California, according to the Kern County Filed Mnp of said land, recorded in book 6 of Filed Maps at page 46, more particularly described as follows: Beginning at a Survey Monument with brass cap, tagged R.E. 6640 for the East I/4 Comer of Section 31, Towp~hi? 29 South, Range 27 Ea~ M.D.B.ddVi.; thence $ O' 43' 19' W along the East line of said Section 31 a distance of 10.00 feet to a point; said point being the intersection of the l:~ line of the Southeast I/4 of said Section 31 and the South Right of Way of the Proposed Kern River Freeway AUgnment, said point being the True Point of Beginning for this desc~ptiom thence along said South Right of Way the following four (4) courses: (1) N 89' 08' 14" W a dismnce of 415.67 feet; thence (2) S 85' 02' 12" W a distance of 1033.92 feet; thence (3) 5 46' 15' 07' W a distance of 249.18 feet; thence (4) $17' 01' 24' W a distance of 437.30 feet to a point; said point being the intersection of the south Right of Way of the Kern River Freeway Alignment and the East Right of Way of Calloway Drive (110' wide); thence S 00' 43' 19" W a distance of 462.38 feet along the East Right of Way of Calloway Drive to the beginning of a Tangent Curve, concave Easterly, having a ~nnalus of 3945.15 feet; thence along said curve and the ~t Right of Way of Calloway Drive Southerly through a central angle of 01 ' 13' 36", an arc length of 84.46 feet to a point; said point being the intersection of the ~t Right of Way of Calloway Drive and the north boundary of the Cross Valley C~qnnl; thence along the north boundary of the Cross Valley Canal the following twleve (12) courses: (1) N 80' 20' 30' E a distance of 190.30 feet; thence (2) S 09' 39' 30' E a distance of 5.00 feet to the beginning of a Non-Tangent Curve, concave Northerly, having a Rm:lius of 320.01 feet and to which a be~nnlng 3~nd[nl line bears S 09' 39' 30" E; thence (3) along said curve through a cenu'al angle of 33' 08' 13, an arc langth of 185.08 feet; thence (4) departing tangent to said curve N 47' 12' 17' E a distance of 222.58 feet to the beginning of a Tangent Curve, concave Northwesterly, having a Radius of 320.01 feet; thence (§) thence along said curve northeasterly, through a centr-al angie of 25' 18' 49", an arc length of 141.38 feet; thence (6) departing tangent to said curve N 21 ' 53' 28" E a distance of 106.40 feet to the beginning of a Tangent Curve, concave Southeasterly, having a Radius of 580.02 feet; thence (7) along said curve northeasterly, through a central angie of 50' 19' 38', an arc length of 509.48 feet; thence (8) depax~ing tangent to said curve N 72' 13' 06" E a distance of 104.52 feet to the beginnin~, Page 1 of 2 ~ ORI<3iN^L Lega]_ Desertpt:ion Cont:. EXHIBIT "B" zc PUP P98-033! of a Tangent Curve, concave Northerly, having a Radius of 320.01 feet; thence (9) along said curve northeasterly, through a central angle of 25' 27' 59', an arc length of 142.24 feet; thence (10) departing tangent to said curve N 46' 45' 07' E a distance of 252. I 1 feet to the beginning of a Tangent Curve, concave South easterly, having a Radius of 480.02 feet; thence (I 1) along said curve northeasterly, through a cenu-al angle of 44' 06' 52', an arc length of 369.59 feet; thence (12) Thence depa~ing tangent to said curve S 89' 08' 01 ' E a distance of 23.02 feet to a point: said point being on the east line of said Section 31; thence N 00' 43' 19' E along the East line of said Section 31, a distance of 4.99 feet to the True Point of Beginnlng for thi~ description. Containing =885,693 sq.ft., 20.33 acres Page 2 of 2 EXHIBIT "C" PUD ZC #P98-0331 CONDITIONS OF APPROVAL I_. DISCRETIONARY CONDITIONS: Public Works: Prior to subdivision of or development on the site, 1.1 explain what is to become of the gap between the north property line of the Cross Valley Canal and the south property line of the site as shown on the site plan. 1.2 submit to the City Engineer for his review and approval a comprehensive drainage and grading plan with soil report. The soil report is to include R-values for use in determining paving sections and percolation tests for retention basin sites. 1.3 provide verification the retention basin adjacent to the canal will not affect canal operations or integrity. 1.4 a mechanism shall be provided outlining responsibility, standards, and frequency of maintenance of interim or non-publicly maintained drainage facilities. 1.5 submit to the Public Works Department and to the Building Department for their review and approval a comprehensive plan for providing sewer service to each proposed use or parcel. Include pipe sizes and slopes. 1.6 pay the proportionate share of landscaped median costs (currently $30 L. F. for 1/2 median on Calloway Drive) from the midsection line southerly to the Cross Valley Canal. 1.7 improvement plans for street improvements and publicly maintained sewer & drainage facilities shall be submitted to and approved by the City Engineer prior to issuance of any building permits. On Calloway Drive, 2.1 as shown on the plan, the main entrance into the site shall align with the street entrance into Tract 5836 on the west side of Calloway Drive. 2.2 dedicate and construct a northbound right turn deceleration lane at the main entry into the development. 2.3 construct curb & gutter, street paving, and sidewalk to arterial standards from the midsection line southerly to the Cross Valley Canal. 2.4 install and energize street lights as required by the City Engineer. Dedicate off- site electrical easements to the City if needed to supply power to the lights. 2.5 provide a mechanism for payment of 50% of the maintenance costs for the traffic signal at the main entrance into the facility. 2.6 the block wall shown shall be outside public right of way and the wall and associated landscaping shall be maintained by the property owner or association mentioned above. Because the proposed development consists of private, non-dedicated, non-publicly maintained streets, all sewer lines and appurtenances, drainage basins, and storm drainage systems serving the development shall be maintained by a) the property owner if the site remains as one owner/one parcel; or b) in the event of subdivision of the property, by the entity (such as a property owner's association) established for the use and maintenance of the nondedicated improvements. P:~Z~331~Z331COND-CC.wpd (August 13, 1998) ORtGIN~,L Exhibit "C" Conditions PUD ZC #P98-0331 Page 2 4 Prior to review of improvement plans by the city, or with submittal of final development plans, whichever occurs first, the developer shall submit to the City Engineer for review and approval, a letter signed and stamped by a licensed Geotechnical Engineer, that the construction of a sump adjacent to the Cross Valley Canal will not adversely affect the canal lining or the operation of the canal. Planning: The applicant shall provide a bus shelter on Calloway Drive with pedestrian access to it and the shelter design meeting ADA regulations and GET design standards. The bus shelter shall be located as approved by the City Engineer. The applicant shall notify the State Dept or Oil and Gas (DOG) if excavation or grading operations uncover a previously unknown well, in which case DOG may require the applicant to make remedial operations. Prior to issuance of a building permit, applicant shall install a 6 foot high fence or equivalent along the north boundary of the Cross Valley Canal. The landscape plan shall be revised to allow a landscape width of less than 10 feet behind sidewalk immediately adjacent the sump on Calloway Dr. The width of the landscape area between the back of sidewalk and block wall shall be the maximum allowable based upon physical requirements for placement of the wall. The placement of the wall will be in a location so as not to interfere with clear sight line or utilities and be approved by the City Engineer. A retaining wall is not necessary. The landscape plan shall be approved by the Planning Director. All other landscaping shall comply with BMC Section 17.53.061. (Also, see below, Section III. Site Plan Review Conditions, Condition B.2 and B.3 under Planning) Final landscape plans shatl demonstrate compliance with parking area shading criteria referenced in BMC Section 17.53.061 D.13. The amphitheater shall be subject to Bakersfield Municipal Code Chapter 9.24 regarding amplified sound 10. The first phase of the development shall include all public street improvements, perimeter landscaping, all canal fencing, adequate parking as determined by ordinance, landscaping in the constructed parking lots, adequate internal street circulation, secondary access, and other improvements as deemed necessary by the Planning Director. 11. Prior to or concurrently with approval of the final development plan, applicant shall have submitted an application for a revised parcel map or other subdivision (acceptable to the Planning Director) that corresponds with and does not conflict with the approved PUD plans for P98-0331. P:tZ~331~.331CON D-CC wpd (August 13, 1998) ORIGfNAL Exhibit "C" Conditions PUD ZC #P98-0331 Page 3 II. MITIGATION MEASURES: The applicant has decided to utilize the new Regional Transportation Impact Fees (RTIF) to provide traffic mitigation for the proposed project. This project shall be subject to the regional and local traffic mitigation fees schedule which went into effect February 10, 1997. If that fee is subsequently increased, then the required payment will be based upon those fees in effect at the time of issuance of the building permit. (Mitigation) 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 amheologist. (Mitigation) Prior to issuance of a building permit for the proposed PUD project or recordation of a final subdivision map, whichever occurs first, the developer shall submit written proof from North Bakersfield Recreation and Park District of compliance with District Resolution 29-95. The written documentation shall be submitted to the Planning Director. (Mitigation) III. SITE PLAN REVIEW CONDITIONS: The following are specific items that the Site Plan Review Committee has noted that you need to resolve before you can obtain a building permit or be allowed occupancy. These items may include changes or additions that need to be shown on the final building plans, alert you to specific fees, and/or are comments that will help you in complying with the city's development standards. Each item will note when it is to be completed and they have been grouped by department so that you know who to contact if you have questions. A. DEVELOPMENT SERVICES - BUILDING (staff contact- Phil Burns 805/326-3718) The applicant shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. You must submit a final soils report to the Building Division before they can issue a building permit. Include with the final site plan documentation or changes to the plan showing that the project complies with all disability requirements of Title 24 of the State Building Code. The applicant shall obtain all required approvals from the Kern County Environmental Health Services Department (2700 "M" Street, Bakersfield, CA; If you have any questions, please contact me at (805) 326-3733. 805/862-8700) for any food handling facility, (ie. market, delicatessen, cafe, concession, restaurant) before building permits can be issued. Structures exceeding 10,000 square feet in area shall be constructed to include an automatic fire sprinkler system. P:~Z~331~Z331CO N D-CC.wpd (August 13. 1998) ORIGINAl Exhibit "C" Conditions PUD ZC #P98-0331 Page 4 Before the Building Division can allow occupancy in any residential unit, they must inspect and approve the placement and colors of the address numbers identifying each unit and/or building so that emergency personnel can easily find a unit when responding to the site during an emergency. Business identification signs are not considered nor approved under this review. A separate review and sign permit from the Building Division is required for all new signs, including future use and construction signs. Signs must comply with the Sign Ordinance. The Building Division will assess school district fees at the time they issue a building permit. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 805/326- 3673) 1. A minimum of 366 parking spaces is required for this project. Notes: a) There are 376 parking spaces are shown on the proposed site plan. b) 10 spaces have been eliminated to provide fire lane access. c) The minimum parking required for this project if computed based on use and the local parking ordinance would be: Parking Parking Use Size/No. Ratio Required Living Units 262 units I space/2 units. 131 Spaces Skilled Nursing 120 Beds 3/4 space/bed 90 Spaces Fitness/Learning Ctr 7,600 sq. ft. 1 space/300 sq. if. 25 Spaces Medical Offices 4,250 sq. ft. 1 space/125 sq. ff 34 Spaces Day Care Center 91 children/12 staff I space/6 children; 27 Spaces I space/staff Number of parking spaces calculated per Ordinance: 307 Spaces The applicant shall submit one (1) copy of a landscape and specification for irrigation to the Planning Division, and include a copy of these plans with each set of the final plans submitted for building permits. Except for the width of the landscape area immediately adjacent the sump on Calloway Drive, landscaping shall meet the standards of the Bakersfield Municipal Code Section 17.53.061 including trees along the perimeter of the site and landscaping adjacent to buildings, and parking lot shading. Building permits will not be issued until the Planning Department has approved the landscape plan for consistency with minimum ordinance standards. Approved landscaping and parking shall be installed and inspected before final occupancy of any building or site. Inspections are made on Fridays. Please call Dave Reizer (805/326-3673) or Louise Palmer (805/326-3680) to schedule an appointment before the Friday you want your inspection. P:~Z~331~Z331COND-CC.wpd (August 13, 1998) ORIGINAL Exhibit "C" Conditions PUD ZC #P98-0331 Page 5 Overlooks from windows, balconies, and decks of the second or higher floor into property containing single family homes must be architecturally screened according to the city's Site Plan Review Objectives and Policies (City Council Resolution #57-82, amended by #137-85). This condition affects any office, commercial, and industrial building, and any apartment or condominium structure containing 3 or more units that are within 150 feet of properties zoned R-l, R-S, R-S-1A, MH, PUD, and condominium projects of a single family character. Screening proposals must be approved by the Planning Division before building permits will be issued. Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A). Lights shall be designed, arranged, and shielded to reflect light away from adjacent residential properties and streets. All light fixtures shall be between 15' and 40' above grade with illumination evenly distributed across the parking area. Lighting direction and type of light fixture shall be shown on the final site plan or included with the building plans. 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 City of Bakersfield (submit to Planning Dept.) A Park Development and Improvement Fee shall be paid at the time the certificate of occupancy is issued for each residential unit that contains a kitchen. We will base this fee at the rate in effect at the time the certificate of occupancy is issued, if applicable. The current fee is $615 for each independent residential unit. The applicant shall file with the Planning Division a copy of a recorded map or other instrument that ensures that drive aisles, parking, and access is shared in common with adjoining properties. C. FIRE DEPARTMENT (staff contact - Greg Yates 805/326-3939) Show on the final site plan all fire lanes as indicated by staff on the returned site plan. Spacing between each sign identifying the fire lane must also be shown on the final plan that meets minimum city standards. The applicant shall install all required fire lane signs before occupancy of any building or portion of any building is allowed. Show on the final site plan all on-site fire hydrant locations and required fire flows as required by the Fire Chief. Based upon available information, the fire flow requirement may be 3750 gallons per minute. At least 11 hydrants shall be required. P:~331~Z331COND-CC.wpd (August 13, 1998) 0RtGINAL Exhibit "C" Conditions PUD ZC #P98-0331 Page 6 To provide adequate fire protection during construction, the applicant shall install all fire hydrants as approved by the Fire Department before final site plan approval. The applicant is required to purchase all fire hydrants from the Fire Department. The applicant shall give the Fire Department one set of the engineered water plans before the issuance of any building permit. The applicant shall contact the Fire Safety Control Division, (1715 Chester Avenue, Suite 300, Bakersfield, CA; If you have any questions, please contact me at (805) 326-3733.805/326-3951) for fire and safety requirements. Please provide one (1) site plan and one (1) floor plan to the Fire Marshal before beginning construction. Staff will also issue guidelines for automatic sprinkler system fire department connections (FDC) if sprinkler systems are required. The applicant shall obtain all necessary approvals from the Fire Department for fuel tanks or related facilities before they are installed on the site. The applicant must request an inspection of any underground sprinkler feeds at least 24 hours before they are buried. The Fire Safety Control Division (1715 Chester Avenue, Suite 300, Bakersfield, CA; If you have any questions, please contact me at (805) 326-3733. 805/326-3951) must complete all on-site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. The applicant shall show on the final plan and install a 20' wide all-weather emergency access as indicated by staff on the returned site plan. The Fire Department must approve the final location and design of this access prior to building permits being issued. All streets and access roads 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 placed where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. 10. Yellow stripes shall identify areas next to all Fire Department connections according to the Bakersfield Municipal Code (Section 15.64.140 d.). 11. If you handle hazardous materials or hazardous waste on the site, the Environmental Services Division of the Fire Department may require a hazardous material management plan before you can begin operations. Please contact them at 805/326-3979 for further information. 12. If you treat hazardous waste on the site, the Environmental Services Division of the Fire Department may require a hazardous waste "Tiered" permit before you can begin operations. Please contact them at 805/326-3979 for further information. P:~Z~331~Z331CON D-CC.wpd (August 13, 1998) O[~K~rNAL Exhibit "C" Conditions PUD ZC #P98-0331 Page 7 13. If you store hazardous materials on the site in either an underground or a permanent aboveground storage tank, a permit from the Environmental Services Division of the Fire Department is required to install and operate these tanks. The Environmental Services Division may also require a Spill Prevention Control and Countermeasure Plan before you can begin operations. Please contact them at 805/326-3979 for further information. D. PUBLIC WORKS - ENGINEERING (staff contact - Harry Afshar 805/326-3576) 1. Lengthen the right turn deceleration lane to meet CalTrans design standards. 2. Label the adjacent area as proposed freeway Design and install in accordance with City requirements a traffic signal at the main entry to allow for full access. The signal shall be installed and operational prior to occupancy of any development or residence within the site. Traffic signal at the main entrance of Calloway Drive/Gleneagles Drive must be operational when this project opens. Signal design and construction must be coordinated to meed the needs of the project on the west side of Calloway Drive. The applicant shall provide four copies of the grading plan and two copies of the preliminary soils report to the Building Department. All driveways, vehicular access, and parking areas shall be paved in accordance with an engineered section based upon the R value of the material and paving calculations, but in no case shall the section be less than a minimum of 2" Type B, A.C. over 3" Class II A.B. (or engineered section using equivalent paving material such as P.C.C.). If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. You must obtain an industrial waste permit from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the waste water superintendent at (805) 835-0364. Unless the applicant enters into agreement with the City and posts approved security to guarantee completion of the public improvements, he shall obtain a street permit and post approved security before any work can be done within the public right of way. Submit a copy of this approved decision to the Public Works Department at the time of application for the street permit. A sewer connection fee shall be paid at the time a building permit is issued. The fee will be based upon the rate in effect at the time a building permit is issued. 10. P:~Z~331~Z331COND-CC.wpd (August 13, 1998) 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 upon the rate in effect at the time the permit is issued. An estimate of the total fee can be calculated when the ORtG~NAL Exhibit "C" Conditions PUD ZC #P98-0331 Page 8 11. construction plans for the project are submitted. The developer shall construct landscape. median island on Calloway Drive, or pay $30/linear foot to the City for construction of these improvements. 12. The applicant shall form a maintenance district for maintenance of the landscaped median island. E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 805/326-3997) Design and install in accordance with City requirements, a traffic signal at the main entry to allow for full access. The signal shall be installed and operational prior to occupancy of any development or residence within the site. Signal design and construction must be coordinated to meet needs of project on west side of Calloway. Length of deceleration lane is not adequate. Redesign to meet CalTrans Standards per Highway Design Manual. F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 805/326-3114) Show on the final plan three, 8' x 20' refuse bin locations. Before occupancy of the building or site is allowed, 12, three cubic yard front loading type refuse bins shall be constructed on the site according to the adopted city standards (Detail #S-43). 2. Show on the final plan 3 compactor roll-off bin locations. Before building permits can be issued or work begins on the property, you must contact the staff person above to establish the level and type of service necessary for the collection of refuse and/or recycled materials. Facilities that require infectious waste services shall obtain approval for separate infectious waste storage areas from the Kern County Health Department. In no instances shall the refuse bin area be used for infectious waste containment purposes. Facilities that require grease containment must provide a storage location that is separate from the refuse bin location. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. The Solid Waste Division will determine appropriate service levels for refuse collection required for a project. The levels of service are based on how often collection occurs as follows: · Can or cart service -- 1 cubic yard/week or less · Front loader bin service -- 1 cubic yard/week - 12 cubic yards/day · Roll-off compactor service -- More than 12 cubic yards/day P:~Z~331~.331COND-CC.Wpd (August 13, 1998) ORK~INAL '~. ~ ~5' ./ ~~~' ~S~,,.~'~ ~~ GARDENS ~43 UNIT INDEPENDENT HVING * 119 UNIT ASSISTED HVING 120 BED S~D NURSING CARE FACI~ FITNESS, ~NING, DAY CARE CENTER AND DR'S. OFFICES JEFFREY B. GLANDER & ASSOCIATES EXHIBIT "E" NORTH AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) 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 27th day of August ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3861 , passed by the Bakersfield City Council at a meeting held on the 26th day of August, 1998 , and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-31 BY CHANGING THE ZONING OF 20.33 ACRES GENERALLY LOCATED ON THE EAST SIDE OF CALLOWAY DRIVE AND NORTH OF THE CROSS VALLEY CANAL FROM A PUD (PLANNED UNIT DEVELOPMENT) TO A PUD (PLANNED UNIT DEVELOPMENT) FOR THE GLENWOOD GARDENS DEVELOPMENT CONSISTING OF A 382 BED MULTILEVEL MEDICAL AND RECOVERY CARE CENTER. (ZC#P98-0331) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield By: ~-/~? DEPUTY City Clerk S:\DOCUM ENT~AOPOSTING August 27, 1998 ORM~{NAL