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Home My WebLink About01266 ~ --. -;.~, ~ . - BAKERSFIELD PUBLIC WORKS DEPARTMENT \50\ TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3724 RAUL M. ROJAS. DIRECTOR. CITY ENGINEER June 20, 2002 Dr. Charles Fritch Glenwood Gardens, LLC 2525 Eye Street Bakersfield CA 93301 Sent Via Certified Mail # P348 505 423 Re: Application for Encroachment Permit No. 1266 dated August 1995 Dear Dr. Fritch: Your Encroach..'11ent Permit No. 1266 dated August, 1995, for a golf cart tunnel beneath Calloway Drive is hereby revoked. Due to the fact that the planned golf course will not be constructed, the tunnel will no longer be necessary. Very truly yours, ~.. Raul M. Rojas Public Works Director .1 . 0'1 I F:., ..- '" #- /t~~ i" It. ~ . , - BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: Raul M. Rojas. Public Works Director ~,,",ues R. LaRochelle - C;vil Engiueer IV August 4, 1995 4:26pm TO: FROM: SUBJECT: ENCROACHMENT PERMIT FOR GOLF CART CROSSING BENEATH CAllOWAY DRNE DR. CHARLES FRITCH ********************************************************************************************* Engineering staff haS reviewed the attached encroachment permit and to allow the installation of a golf cart crossing beneath the portion of Calloway Drive currently being constructed. Staff recommends approval of the permit. '< ,dw:m:'lencroachI3000BOUL.DER ::....;.6.~:~ Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this carc!:to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: ~ . ~\'LS ~,.,\d.-- C::,\~\\ v~ ~~~ Of58f5 ~~ ~ ~CL\~~:~ J CA9330l ..) 2. Article Number (Copy from service labelj I) .~ 71'--18- frfS -<!;:J~ PS Form 3811 ,July 1999 1,1 o Express Mail \ o Return Receipt for Merchandise I o C.O.D. I I D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Servjs;& Type O{;ertified Mail o Registered o Insured Mail 4. Restricted Delivery? (Extra Fee) Domestic Return Receipt o Agent o Addressee DYes o No DYes 102595.00.M.0952 (I ' ,. !JNITED STATES POSTAL SERVICE ~, . \ '\ " Itll (~~V First-Class Mail Postage & Fees Paid USPS Permit No, G-10 · Sender: Please print your name, address, and ZIP+4 in this box · CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD CA 93301 ATTN;~tl~O-- , l. jl I : , t....' r~ 'I . P 348 505 423 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOEO NOT FOR INTERNATIONAL MAil (See Reverse) ..It) ~ Sentto~~.~\ ... N .;, CD ~ o a.: d ui ::;) '" Postage s Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered It) CD Return Receipt showing to whom, al ... Date, and Address of Delivery III c:: TOTAL Postage and Fees S :) .., 0 0 Postmark or Date CD M <.0 1~4tO 2- E 0 II. - C1l "- . t> ,1 (" {' . ~ ~.~ .-e-. ~ 1~ ~ . I -ff;P~: .- /) /5) < r') C/1-C7-~~ - , I ) It , \. . \. \ L.. .' ,.J.,~ i' \. '.." '. APPLICATION FOR ENCROACHMENT PERMIT ""5C\"'~\I-:i~:'1 J7 ,>.... .~.. ll;\ "I"" ,'.., . ~ TO~E CITY ENGINEER OF THE CITY OF BAKERSFIELD, CALIFORNIA: Pai.uant to the provisions of Ordina~ce No.3140N~w Series of the City of ,Bakersfield, the undersigned applies for a permit, to place, erect and/or maintain an encroachmen,t. on public property or right of <,way as therein defined. ~1he name and address of applicant is: GLENWOOD GARDENS LLC 2525 EYE ST BAKERSFIELD, CA. 93301 ( ) ! ',., ,-r .,', .~.". . \'i,Thenature or description of the encroachment for which this application is lri~tieJ;;,;j!{~:". ~s follows: A GOLF CART TUNNEL BENEATH CALLOWAY DR LOCATED @ 325' NORTH OF~THE~CRosS\ VALLEY CANAL. SEE ATTACHED PLAN. ",- ?:-{~ '., . w:n Tpe 'l:oc,,~td;f,9'~ -of the proposed encroachment is: IN THE SOUTHEAST 1/4, OF SEC. 31, T29S, R~'~,~, M.D.B.& M. " r,. '1""~ I I j' I I I I I I I I I I I I I I I Applicant agtees that if ihis application is granted, applicant will indemnify, defend and hold harmless the City of Bakersfield, its agents, officers and e~~loyees against and from all da~ages, judgments, claims, demands, expenses, .:~wstsand expenditures, and against all loss or liability which the City of :~'(~,akersf ield or such officers, agents or employees may suffer, . or which m~y be I"...... i ':~rec9.verable from, or obtainable against the Ci ty of Bakersfield'Or such ~off1cerss.agents or employees, proximately caused by , growing out of or in anT Gwayconn~cted with the placing, erection or maintenance of said encroachment, ~h~x~pplicant futher agrees to maintain the aforesaid encroachment during the Illfeo! the said encroachment or until such time that this permit is revoked. i APpficant"f,urther agrees that upon the' expiration of the permit for which thi"sj:;,~", a".p."i>.+,'-,i,.,...c.'.atfOri. is.,made, ~f gra.nt~d' or upon the revocation th..ereof by the.ci..t....y..... '):';:.:J:.'~.....,5:..'....V,.,.i. ~ng,1.r:',eer, app11cant ':-'111 at h1s own cos~ and expense remove the samef,rom the' ...j\~~ 'I publ~cproperty or r~ght of way where the same is located, and restore said: <~ ';1 publi"qc property or r1ght of way to the condi tion as nearly maybe in which it "1 was .b.'eOf.;ore the placing, erection, maintel1ance or existenc~ or'said"i"';;;': ,., ",.'jl ,encroachment. . ; .' . .... " . .... .' I ' I .,;+ . ...t~~~~~};: . ~'\ .. if" i " /,) ;/~;, (\.\ . I . ". ',! i ,. . " : i i i1 ! ') I Date:;'O'~/02/95. -----..;;.:.... ------"-4.:.------f------------------------..:- I Signature ~f Appl icantL/( Owner or Representati ve) I I I i I I I I I I I I I I I , I I I .~ ' PERMIT I I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED ,IN THE FOREGOING APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT) SUBSTANTIALLY INTERFERE WITH THE USE OF THE PUBLIC PLACE WHERE THE SAl-fEISTOBE LOCATED AND (2) WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAIU,i,'PUBLIC pLACE SAID APPLICATION IS THEREFORE (GRANTED) (DENIED). j"- - . .,-0.:,. /~ '. - ;1 ,.:):. /'/',. --.";;>/ Date: 08/02/95 ,/ ,1 ..\ ..~' ":a" . J' '1 (, " """"" ......1..l ,., ~', ".J _1.1.: - - - - -' - -- - ~ tJ-':;; - ,- -;;. - - - - - - - - - - - - - - - - - - - - - - - - - - - Signature of City Engine~r "';<" Permit No. 1266 Original Copy - City Clerk 'I, Copy - Public Works Applicant ;.'- ."\ '0 APPLICATION FOR ENCROACHMENT PERMIT ~ I -ib THE CITY ENGINEER OF THE CITY OF BAKERSFIELD, CALIFORNIA: I . ? ~ Pursuant to the provisions of Ordinance No. 3140 New Series of the City of Bakersfield, the undersigned applies for a permit to place, erect and/or maintain an encroachment on public property or right of way as therein defined. The name and address of applicant is: Glenwood Gardens,LLC ; 2525 Eye Street, Bakersfield, CA 93301 The nature or description of the encroachment for which this application is made is as follows: A golf cart tunnel beneath Calloway Drive located x3251 north of the Cross Valley Canal. The location of the proposed encroachment is: In the Southeast 1/4 of Sec. 31, ~. T. 29 S.,R. 2TE., H.D.B.&M. Applicant agrees that if this application is granted, applicant will indemnify, defend and hold harmless the City of Bakersfield, its agents, officers and employees against and from all damages, judgments, claims, demands, expenses, costs and expenditures, and against all loss or liability which the City of Bakersfield or such officers, agents or employees may suffer, or which may be recoverable from, or obtainable against the City of Bakersfield or such officers, ~ agents or employees, proximately caused by, growing out of or in any way connected with the placing, erection or maintenance of said encroachment, the applicant further agrees to maintain the aforesaid encroachment during the life of the said encroach~ent or until such time that this permit is revoked. Applicant further agraes that upon t!le expiration of the permit for which this application is made, if granted, or upon the revocation thereof by the City Engineer, applicant will at his own cost and expense remove the same from the public property or right of way where the same is located, and restore said public property or right of way to the condition as nearly may be in which it was before the placing, ,rectioo, mainte"3/n~~~sa1d encroachment. Date: I 7!jt/95 ~~- . , Signature of Applicant (Owner or Representative) Dr. Charles Fritch .,:; ...'. PERMIT Date: I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT) SUBSTANTIALLY INTERFERE WITH THE USE OF THE PUBLIC PLACE WHERE THE SAME IS TO BE LOCATED AND (2) WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION IS THEREFORE (GRANTED) (DENIED). 9-f-~l ~~ ~ ~Orf Signature 0; ~ Eng~ No. rZUC( Distribution: Original - Applicant Goldenrod - City Clerk Yellow - Public Works REV6/90 -~~ ! 2-~- "'.... ..... e BAKERSFIELD CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM July 20,2002 TO: Planning Commission FROM: ~p~arian P. Shaw, Civil Engineer IV SUBJECT: GPAlZC No. 02-0283 Careage Development Co. Additional condition &.1 Careage Development, as Glenwood Gardens, has an encroachment permit with the City of Bakersfield for ,a golf cart tunnel crossing under Calloway Drive. The tunnel was installed by Glenwood Gardens as an amenity to their facility. They desired easy access between their development and the proposed golf course on the west side of Calloway Drive for the convenience of their clients. As you are aware, the golf course to the west has been eliminated and the existing golf cart tunnel is no longer needed. This tunnel is an attractive nuisance and is a potential hazard to health, safety and welfare. Further, as it is a steel plate arch tunnel, there are some long term consequences if the tunnel is left in place unmaintained. Steel plates can corrode and fail, causing a "sinkhole" in Calloway Drive. Therefore, because this GPAlZC increases the density of the facility, the Public Works Department is requiring that Careage Development Co. make arrangements to properly abandon the tunnel prior to the issuance of the first Certificate of Occupancy in association with this GPAlZC, either through physically abandoning the tunnel, or through entering into an agreement with the City of Bakersfield and posting approved security for the tunnel abandonment. Cc: Reading File project File Marian Shaw C:\TEMP\02-0238c.doe 61~n~rA bav&1n5 3SD 0.11 ~ 0.- S2n(Xb~mtMtJ-~fW\ vt -- Sent By: City of Bakersfield CLEHKS OFFIC;661 323 3780; Jul-1 -u~ 4:31AM; Page 2 ~~~ J u I.. '/ f 02.ftfttTI AU ro: 20 CAREAGE DEVELOPMENT CO., LLC 8AI~Ei\Sr-Vt [) CITY CLERK 4411 PI. Fosdick Drive, Suite 203 P.O. Box 1969 Gig Harbor. WA 96335 FAX (253) 853-5280 Phone (253) 853-4457 June 28, 2002 Ms. Paula McCarthy City of Bakersfield 1501 Truxtun Ave. Bakersfield, CA 93301 Re: Glenwood Gardens Cottages #9040 Appeal - Building Permit Requirements Dear Ms. McCarthy: Enclosed please find the fee required to affect our appeal regarding the additional 14 cottages we are attempting to permit for the Glenwood Gardens site. The official letter of appeal and supporting documentation, if any, will be faxed to your office Monday, July 1, 2002. We appreciate your assistance in this matter. If you have any questions, please do not hesitate to contact me. Granville A. Brinkman Vice President cc: File: 9040-E J:ICONSTRUCTION\ConstMslT\9040ICorrespondenccI9D40-lIr to City re Fee tor Appeal on 11\ collages,doc ~. .... ..:l ~ ~~\~ /- ( ~rn~ 02 JUl..g AM \1 :15 . BAKERS1- Itl.D CITY CLERK CAREAGE DEVELOPMENT CO., LLC July 1,2002 4411 pt. Fosdick Drive, Suite 203 P.O. Box 1969 Gig Harbor, WA 98335 FAX (253) 853-5280 Phone (253) 853-4457 City of Bakersfield 1501 Truxton Avenue Bakersfield, CA 93301 Attn: Office of the City Clerk Re: Glenwood Gardens Cottages #9040 GPA/ZC No. 02-0283 Careage Development Co., LLC Dear City Council: Careage Development Co., LLC (CDC), as agent for AEW/Careage-Bakersfield, LLC dba Glenwood Gardens (Glenwood Gardens) the Owner of the property located at 350 Calloway Drive, does hereby appeal the condition added to the General Plan Amendment No. 02-0283. On June 20,2002, the City of Bakersfield Public Works Department presented to the planning commission an additional condition to GPA/ZC No. 02-0283 (known as Glenwood Gardens) which was already on the consent calendar. CDC feels this condition places undo financial hardship on the proposed project and the existing campus. The Public Works Department has put 100% of the responsibility to abandon the tunnel on Glenwood Gardens. Glenwood Gardens does have an encroachment permit with the City of Bakersfield for the existing golf cart tunnel crossing under Calloway Drive. The tunnel was installed by Castle and Cook ti6wever all costs associated with the installation were passed on to Gleriwood Gardens. The tunnel was installed not only as an amenity to the Glenwood Gardens project but also as a benefit to Castle & Cook's planned golf course. Castle & Cook would have received a captured audience at no charge. Glenwood Gardens did agree to furnish all required maintenance to the tunnel in the purchase agreement defining the golf cart tunnel. The spirit and intent of the maintenance provision was for maintenance required when the tunnel could be used for its intended purpose, i.e. allowing Glenwood Gardens residents to drive their golf carts to the Castle & Cook golf course. Castle & Cook subsequently revised the master plan and eliminated the golf course. Therefore at this time, there does not appear to be a need currently defined for the golf cart tunnel. Public Works defines the tunnel as an attractive nuisance and is a potential hazard to health, safety and welfare. A locked rod-iron gate is located on the Glenwood Page 1 of 3 J:\CONSTRUCTION\ConstMstr\904O\Correspondence\9040-Ltr of Appeal to City re tunneLdoc \ i.~ ~ ,:;'-@ ( (......- ~~~ Gardens side of the tunnel preventing access. The side of the tunnel on Castle & Cook's property remains open allowing access to the tunnel. Castle & Cook is responsible for providing all necessary improvements to their side of the tunnel, including a security gate. COC did offer on June 20, 2002 to furnish and install a security gate on Castle & Cook's side of the tunnel to eliminate the City's concern over this issue. Public Works further states that steel plate arch tunnels can corrode and fail. Since this arch tunnel does not act as a directional means for water fiow it is unlikely that corrosion will develop or that on-going maintenance would ever be required. We understand that plans can change, as they have for Castle & Cook resulting in a modified master plan which we assume provides a more profitable use of the property but which eliminates the planned golf course and deprives the residents of Glenwood Gardens access to a golf course across the street. As a result of Castle & Cook's plan change, the residents of the Glenwood Gardens property are now expected to absorb the costs to abandon the tunnel. A ballpark estimate to fill the tunnel with controlled density fill is approximately $45,000 to $65,000. This figure does not include associated design work, bonds or taxes. COC feels that this condition places undue financial hardship on the Glenwood Gardens Campus and residents. We have difficulty understanding why a relatively small campus expansion project should have to bear 100% of the cost to abandon the tunnel. Glenwood Gardens paid for all of the improvements to install the golf cart tunnel as we anxiously awaited our neighbor to complete the golf course as promised. Glenwood Gardens is not the party who changed the master plan and eliminated the need for the golf cart tunnel. It seems reasonable therefore that the responsibility for remedying this condition should be placed on Castle & Cook since they revised the master plan for their benefit and eliminated the need for the tunnel. Had their master plan not changed, the golf cart tunnel would not be at issue at this juncture. COC has agreed to work with Public Works to facilitate abandoning the tunnel. It is not our intent to cause contention over this issue but we ask that consideration be given to one of the following alternative solutions to allow relief from the financial burden this condition places on our project. . This condition be converted to conditions of Castle & Cook's project approval and that they bare 100% of the financial burden. . The City of Bakersfield require Castle & Cook to install a security gate on the property to eliminate the City's health, safety and security concern. Page 2 of 3 J:\CONSTRUCTION\ConstMstr\904O\Correspondence\9040-Ltr of Appeal to City re tunneLdoc , '( . , ...ij'\ ~--~ (~ r ~rn~ . The City of Bakersfield and/or the Public Works Department waive or defer property taxes, fees, sewer fees, etc. to offset the cost of abandoning the tunnel. CDC offers these options and agrees to work with the Public Works Department to resolve this issue, but we do ask for consideration to assist in negating and or deferring all or a portion of the costs to abandon the tunnel. Sincerely, Granville A. Brinkman Vice President CC: Gene E. Lynn Art Heitlauf Carol Peckinpaugh Jacob Ellens File: 9040-c Page 3 cif 3 J:\CONSTRUCTION\ConstMstr\9040\Correspondence\9040-Ltr of Appeal to City re tunneLdoc 0' ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 AGENDA SECTION: Hearings ITEM: . . '. . .....:.:.:..~~..~..~~./. :.'/: FROM: Development Services - Planning DEPARTMENT H CITY ATTO TO: Honorable Mayor and City Council DATE: July 31 2002 CITY MANAGER SUBJECT: Concurrent General Plan AmendmentlZone Chance 02-0283 (Ward 4) Careage Development Co., LLC has proposed a General Plan Amendment from LR (Low Density Residential) to LMR (Low Medium Density Residential) and an ordinance amendment from PUD (Planned Unit Development) to PUD on 20.30 acres at 350 Calloway Drive - generally located along the east side of Calloway Drive and north of the Cross Valley Canal. An appeal was filed on a condition of the zone change. APN #: 500-020-40 and 40) (Ward 4) 1. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LR to LMR. 2. Ordinance adopting the Negative Declaration, denying the applicant's appeal and amending Title 17 of the Municipal Code and Zoning Map No. 102-31 from PUD to PUD. ',. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment, denying the applicant's appeal and first reading of the Ordinance. BACKGROUND: Careage Development Co. proposed 14 additional dwelling units to an existing development on Calloway Drive called Glenwood Gardens. The commission and staff supported the request as minor change to an existing medical/residential facility. The Planning Commission conducted public hearing(s) on this General Plan AmendmentlZone Change and recommended City Council approval on June 20, 2002. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. The applicant agreed to all conditions and mitigation for the project except for the publiC works condition submitted by memo dated July 20,2002. Such condition would cause Carage Development July 31, 2002, 10:34am ~ ;;: ADMINISTRATIVE REPORT Page 2 (Glenwood Gardens) to abandon an existing golf cart tunnel crossing under Calloway Drive. Originally, the" tunnel was for the purpose of providing residents of Glenwood Gardens with access to the golf course proposed by Castle & Cooke to be located west of Calloway Drive. The applicant appealed the condition that Careage Development is financially responsible for all costs associated with the abandonment of the golf cart tunnel crossing. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on April 29, 2002, in accordance with CEQA. RED (adm In\aug\8-21-0283) "- August 5.2002, 3:17pm Exhibit "An GPAlZC POO-0477 Z Mitigation Measures Page 4 JIIW/cE @ ., .... pa.Ev/OtJS CO/IN), T!f)/V ON c~c- p!20JeGr 19. Loss of open space to be mitigated as follows: Applicant to provide 43 acres of open space (subject to the approval of the Planning Director) within one mile of the P.U.D. to R-1 zone change project boundary prior to the submittal of any tentative tract which would be located within the P.U.D. to R-1 zone change project boundary. Public Works: Land Use Chanaes 3. Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Jewetta Avenue to arterial standards for the full frontages 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. b. Submit a comprehensive drainage study for approval by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. c. Submit a sewer study for approval by the City Engineer. 4. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. 5. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. 6. All other mitigation measures and conditions from the previous GPNZC P96-0286 (south of Brimhall) will apply. @ Prepare plans to be approved by the City Engineer for the abandonment of the golf cart crossing under Calloway Drive. S:\Dole\POO-0477\EXHIBIT A.wpd