HomeMy WebLinkAboutRES NO 007-10
A
RESOLUTION NO. 0 0 7 - 10
RESOLUTION OF THE CITY COUNCIL VACATING
RESOLUTION NO. 032-07 APPROVING GENERAL PLAN
AMENDMENT NO. 06-2022, AND VACATING ORDINANCE
NO. 4413, APPROVING CONCURRENT ZONE CHANGE
NO. 06-2022 ONLY AS TO APN 172-020-016.
WHEREAS, on or about January 17, 2007, the City and Mel F. Heinemann
("Heinemann") as a managing member of Land Lot 1, LLC ("Land Lot") entered
into a Property Trade Agreement ("PTA"). Pursuant to this PTA, Land Lot agreed
to trade approximately 20 acres of its north Planz property (APN 172-020-016)
and approximately 20 acres of its south Planz property (APN 172-020-015) for a
40 acre parcel owned by the City described as the Berkshire property (APN 518-
020-001); and
WHEREAS, following the execution of the PTA, the City processed a
General Plan Amendment and concurrent Zone Change for both Planz
properties and the Berkshire property; and
WHEREAS, on February 28, 2007, the City Council of the City of Bakersfield
adopted Resolution No. 032-07 which approved General Plan Amendment No.
06-2022 which changed the land use designation on the Planz properties from LI
(Light Industrial) and HI (Heavy Industrial) to P (Public Facilities); and
WHEREAS, on March 14, 2007, the City Council of the City of Bakersfield
adopted Ordinance No. 4413 which approved the concurrent Zone Change to
the Planz Properties by changing the zoning from M-1 (Light Manufacturing) and
M-3 (Heavy Industrial) to OS (Open Space) and;
WHEREAS, on February 28, 2007, the City Council of the City of Bakersfield
adopted Resolution No. 032-07 which changed the land use designation on the
Berkshire property from R-IA (Resource-Intensive Agricultural) to HMR (High
Medium Density Residential); and
WHEREAS, on March 14, 2007, the City council of the City of Bakersfield
adopted Ordinance No. 4413 which approved the concurrent Zone Change for
the Berkshire Property from A (Agricultural) to PUD (Planned Unit Development);
and
WHEREAS, after the zoning was changed on the Planz properties and the
Berkshire property, the City took the position that Land Lot had not graded the
S: \COUNCIL\ Resos\09-1 0\ LandLot-DecertGPA-ZC.doc Page 1 of 3 Pages ' F~l
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ORIGINAL
Planz properties in accordance with paragraph 3(a) of the PTA and, on that
basis, refused to exchange the Planz properties for the Berkshire property. Land
Lot, thereafter, filed a lawsuit against the City; and
WHEREAS, pursuant to the attached Stipulation for Judgment and
Judgment (Exhibit A), there is a Kern County Superior Court Order requiring the
City to vacate Resolution No. 032-07 and Ordinance No. 4413 only with respect
to the north Planz property (APN 172-020-016).
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and incorporated in their
entirety.
2. Resolution No. 032-07, which approved General Plan Amendment
No. 06-2022 is hereby vacated and set aside only with regard to APN 172-020-
016 (the north Planz property) as shown on the attached map as Exhibit B.
3. Ordinance No. 4413, which approved concurrent Zone Change No.
06-2022 is hereby vacated and set aside only with regard to APN 172-020-016
(the north Planz property) as shown on the attached map as Exhibit C and as
the property is legally described in Exhibit D.
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Page 2 of 3 Pages
t I HEREBY CERTIFY that the foregoing Resolution was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
JAN 2 7 2010 by the following vote:
14T4 " ~'~$Vh SUS I►yah xl"I~~~v
YE COUNCILMEMBER l..~KXA 16 Y1~1UM j kk)WrA
NOES: COUNCILMEMBER
N: COUNCILMEMBER
BSEN : COUNCILMEMBER 0
LUth
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: JAN 2 7 2010
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GE ARO
City Attorn
By:
VI INIA ENNARO
City Attorney
VGAsc
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Page 3 of 3 Pages - c
ORIGINAL.
t EXHIBIT A
1 Frederick K. Glick (96417)
Michael D. Haupt (197093) FILED
2 GLICK & HAUPT LLP SUPERIOR COURT, METROPOLITAN DIVISION
1315 Santa Rosa Street COUNTY OF KERN
3 San Luis Obispo, CA 93401
Tel: (805) 544-2450 NOV 3 2009
4 Fax: (805) 544-3284
TEi~TFiY McNgLLY, CLERK
BY
5 Attorneys for Plaintiffs RICARDO HUELGA, DEPUTY
6 LEE VICENT LAVELLE and LAURETTE
MARIE LAVELLE, and WILLIAM R.
7 TUCULET and KATHERINE L. TUCULET
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF KERN
10 METROPOLITAN DIVISION
11
12 LAND LOT 1, LLC; RICARDO HUELGA; ) CASE NO. S-1500-CV-263357
LEE VINCENT LAVELLE AND )
13 LAURETTE MARIE LAVELLE; and ) STIPULATION FOR JUDGMENT AND
WILLIAM R. TUCULET AND KATHERINE JUDGMENT
14 L. TUCULET, ) Complaint Filed: March 21, 2008
15 )
16 Plaintiffs, )
17 vs. )
18 )
CITY OF BAKERSFIELD; and DOES 1
19 through 30, )
20 )
Defendants. )
21 )
22 I.
23 PARTIES TO THIS AGREEMENT
24 The parties to this agreement are the Plaintiffs Ricardo Huelga, Lee Vincent Lavelle and
25 Laurette Marie LaVelle, and William R. Tuculet and Katherine L. Tuculet ("Settling Plaintiffs"),
26 R12enteff I anc-1 Lot I LLC ('!Land Lot 1") and 0-he Deaepwant, the C#Y Of Bakcrsfield (the "City").
27
28
STIPULATION FOR JUDGMENT AND JUDGMENT O4 AKF S)
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ORIGINAL
1 II.
2 RECITALS
3 A. Plaintiffs Ricardo Huelga, Lee Vincent LaVelle and Laurette Marie LaVelle, and
4 William R. Tuculet and Katherine L. Tuculet ("Settling Plaintiffs") hold title to a 20-acre parcel of
5 real property in the City of Bakersfield (the "City") described as: North Planz Property, APN 172-
6 020-016 (the "North Planz Property"). The Settling Plaintiffs were formerly lenders to Land Lot 1,
7 holding security in the form of a trust deed;
8 B. Prior to Settling Plaintiffs' ownership, the North Planz Property was owned by
9 Mel F. Heinemann ("Heinemann"), a principal in Land Lot 1, along with an adjacent 20-acre parcel
10 described as follows: South Planz Property, APN 172-020-015 (the "South Planz Property");
11 C. On or about January 17, 2007, the City, and Heinemann, as a managing member of
12 Plaintiff Land Lot 1, entered into a Property Trade Agreement ("PTA"), a copy of which is attached
13 hereto as Exhibit "A" and incorporated by reference herein. Land Lot 1 and the City agreed to trade
14 the North Planz Property and the South Planz Property (collectively the "Plant Property") for a 40-
15 acre parcel owned by the City described as: Berkshire Property, APN 518-020-001 (the "Berkshire
16 Property");
17 D. The PTA, paragraph 3(a) provides in pertinent part:
18 "Heinemann shall compact the pits on the Planz Property to a minimum of 85% of relative
19 compaction, and shall fill the pits on the Planz Property to an elevation acceptable to the
20 City and generally level the Planz Property to a "farmable" condition acceptable to the City
21 and otherwise in accordance with a grading plan, including a soils report by a licensed
22 geotechnical engineer, approved by the City";
23 E. Prior to the PTA, the Planz Property was designated HI (Heavy Industrial)1Ll (Light
24 Industrial) and zoned M-3 (Heavy Industrial)/M-1 (Light Manufacturing). Among other things the
25 PTA contemplated that the City would process a general plan amendment and zone change
26 (GPA/ZC) for the Berkshire Property suitable for R2 or PUD zoning, and would process a GPA/ZC
27 for the Planz Property suitable to agricultural uses;
28 -2-
STIPULATION FOR JUDGMENT AND JUDGMENT F~
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ORIGINAL
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1 F. Following execution of the PTA, the City processed the GPA/ZC for both the
2 Berkshire Property and the Planz Property. Specifically, on February 28, 2007, the City adopted
3 Resolution No. 32-07 approving General Plan Amendment No. 06-2022 by changing the land use
4 designations on the Planz Property from L1 (Light Industrial) and H1 (Heavy Industrial) to P
5 (Public Facilities) and by changing the land use designations on the Berkshire Property from R-IA
6 (Resource - Intensive Agriculture) to HMR (High Medium Density Residential). A true and correct
7 copy of Resolution No. 32-07 is attached hereto as Exhibit "B" and incorporated herein by
8 reference. Subsequently, on March 14, 2007, the City adopted Ordinance No. 4413 approving Zone
9 Change No. 06-2022 by changing the zoning on the Planz Property from M-1 (Light
10 Manufacturing) and M-3 (Heavy Industrial) to OS (Open Space) and by changing the zoning on the
11 Berkshire Property from A (Agriculture) to PUD (Planned Unit Development) (the "Zoning
12 Ordinance"). A true and correct copy of the Zoning Ordinance No. 4413 is attached hereto as
13 Exhibit "C" and incorporated herein by reference;
14 G. The Settling Plaintiffs were aware of the PTA and were aware of the grading
15 requirement set forth more particularly in particularly in Paragraph 3(a) of the PTA. In reliance
16 upon the Settling Plaintiffs' review and understanding of the PTA, the Settling Plaintiffs consented
17 to the GPA/ZC downing their property from M-3/M-1 to zoning suitable for agriculture. It was the
18 intention of the Settling Plaintiffs and Land Lot 1 that upon consummation of the PTA their security
19 would be transferred to Berkshire;
20 H. After the zoning was changed on the Planz Property and the Berkshire Property, the
21 City took the position that Land Lot 1 had not graded the Planz Property in accordance with
22 Paragraph 3(a) of the PTA and, on that basis, refused to exchange the Planz Property for the
23 Berkshire Property. Land Lot 1, thereafter, filed the instant lawsuit against the City;
24 I. Had the Settling Plaintiffs known that the City, in its view, could require additional
25 grading over and above that performed by Land Lot 1, Settling Plaintiffs would not have consented
26 to the GPA/ZC on the Planz Property;
27
28 -3-
STIPULATION FOR JUDGMENT AND JUDGMENT O~ AK~c~
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ORIGINAL
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1 J. On or about October 17, 2008, the Settling Plaintiffs acquired title to the North Planz
2 Property by foreclosing on their deed of trust against the property;
3 K. On September 1, 2009, the Court granted Settling Plaintiffs' motion to substitute in
4 the lawsuit with respect to the claims concerning the North Planz Property;
5 L. Settling Plaintiffs and the City now wish to equitably restore the Settling Plaintiffs'
6 security by re-designating and rezoning the North Planz Property to Hl/L1 and M-3/M-1 as it
7 existed prior to the PTA. The re-designation and rezone will settle and resolve all disputes between
8 the Settling Plaintiffs and the City to this lawsuit and the North Planz Property.
9 Ill.
10 STIPULATION
11 NOW, THEREFORE, AND INCORPORATING THE RECITALS SPECIFICALLY SET
12 FORTH ABOVE, IT IS HEREBY STIPULATED by and between the parties as follows:
13 1. The consent of the Settling Plaintiffs to the re-designation and downzone of the
14 North Planz Property from Hl/L1 to P and from M-3/M-1 to OS was obtained on account of a
15 unilateral mistake of material fact on the part of the Settling Plaintiffs as to the City's interpretation
16 of the PTA including Paragraph 3(a). This unilateral mistake of material fact resulted in a failure of
17 consideration;
18 2. In order to equitably resolve matters with the Settling Plaintiffs, the City agrees to
19 immediately restore the land use designations on the North Planz Property to H1/L1 and the zoning
20 on the North Planz Property to M-3/M-1 as it existed prior to the PTA;
21 3. Upon the City's re-designation and rezone of the North Planz Property to Hl/L1 and
22 M-3/M-1, Settling Plaintiffs shall furnish the City with a general release of all claims relating to the
23 PTA, the downzoning, and the North Planz Property, which release shall contain a waiver of Civil
24 Code 1542;
25 4. The Settling Plaintiffs and the City shall each bear their own attorneys fees and costs
26 of suit;
27
28 -4-
STIPULATION FOR JUDGMENT AND JUDGMENT
1 ~
1 5. By way of this Stipulation, Settling Plaintiffs and Land Lot 1 agree to dismiss with
2 prejudice their fourth cause of action for specific performance. Land Lot 1 shall receive no benefit
3 from this Stipulation, economic or otherwise, and consents to this Stipulation only to obtain an
4 equitable restitution of value for the Settling Plaintiffs and to effectuate dismissal of Plaintiffs'
5 fourth cause of action;
6 6. The Settling Plaintiffs understand and agree that as long as they are the owners of the
7 North Planz Property, they are the "applicant" for purposes of City development processes and
8 procedures;
9 7. The parties understand and agree that this Stipulation and any judgment entered
10 thereon shall not be regarded as a "final judgment on the merits" and thus shall have no res
11 judicata/collateral estoppel/issue preclusion/claim preclusion effect on the pending Land Lot 1
12 claims against the City for, among other things, breach of the PTA. It is further understood and
13 agreed amongst the parties that this Stipulation shall be inadmissible in the trial of the action
14 between Land Lot 1 and the City for any purpose.
15 8. The parties agree that this Stipulation can be executed in counterparts, each of which
16 shall be deemed an original, but all of which, taken together, shall constitute one and the same
17 instrument. This Stipulation may also be executed and transmitted by facsimile and/or e-mail and,
18 in such event, the transmission by facsimile and/or e-mail shall have the same force and effect as
19 the hand delivery of an original of this Stipulation to the recipient duly executed in ink.
20
21 CITY OF BAKERSFIELD
22 APPROVED AS TO CO NT:
23
Dated:
24
AN TANDY
25 City Manager
26
27
28 -5-
STTPULATiON FOR JUDGMENT AND JUDGMENT K c~
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rnRIGINAI,
1
2 APPROVE S TO FORM:
3
Dated: l / 13 ze) I?
4 VfRGDOA GEN ARO
5 City Attorney
6
7 Dated:
RICARDO HUELGA
8
9
Dated:
10 WILLIAM R. TUCULET
11
12 Dated:
13 KATHERINE L. TUCULET
14
15 Dated:
LEE VINCENT LAVELLE
16
17
18 Dated:
LAURETTE MARIE LAVELLE
19
20
Dated:
21 LAND LOT 1, LLC
22
23 IV.
24 JUDGMENT
25 The Court, having considered the Stipulation of the parties, having approved same, and good
26 cause appearing therefore,
27
28 -6-
STIPULATION FOR JUDGMENT AND JUDGMENT
MRR-20-1996 16:37 P.06i07
1
2 APPROVED AS TO FORM:
3
Dated:
4 VIRGINIA GENNARO
5 City Attorney
6
7 Dated:
RICARDO HUELGA
8
9 Dated:
10 WILLIAM R. TUCULET
11
12 Dated:
13 KATHERINE L. TUCULET
14
16 Dated: /t f l L mot !/.-s+
LEE VINCENT LAVELLE
16
17 "
18 Dated: ll~/ G ~d 9 ,t.~-t-
L URETTE MARIE LAVE LE
19
20 Dated:
21 LAND LOT 1, LLC
22
23 IV,
24 JUDGMENT
25 The Court, having considered the Stipulation of the parties, having approved same, and good
28 cause appearing therefore,
27
28 _6_
STIPULATION FOR JUDGMENT AND JUDGMENT
~ m
~7 G
GRIGINAI.
lk
1
2 APPROVED AS TO FORM:
3
Dated:
4 VIRGINIA GENNARO
6 City Attorney
6
7 Dated:
RICARDO HUELGA
8
9 r ---s
Dated: ll F D
10 WILLIAM R. TUCULET
11
12 Dated: 1, / 01
13 KATHERINE L. ULET
14
16 Dated:
LEE VINCENT LAVELLE
16
17
18 Dated:
LAURETTE MARIE LAVELLE
19
20
Dated:
21 LAND LOT 1, LLC
22
23 IV.
24 JUDGMENT
25 The Court, having considered the Stipulation of the parties, having approved same, and good
26 cause appearing therefore,
27
28 -6-
STIPULATION FOR JUDGMENT AND JUDGMENT
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(~l~I ,INAL
ROM <MON>NOV 16 2000 10:12/s7. tfl: 12/No. 76fltOfl2fl01 P /
Nov. 16. 2009 1:07PM MID COAST MORTGAGE 805 549 9685 No. 8677 P. 1
1
2 APPROVED AS TO FORM:
3
Dated:
4 VIRGINIA GENNARO
5 City Attome
6 7 Dated• Q
C 0 ELGA
8 '
9 Dated:
10 WILLIAM R. TUCULET
11
12 Dated:
13 KATHERINE L. TUCULET
14
15 Dated:
LEE VINCENT LAVELLE
16
17
Dated:
18
LAURETTE MARIE LAVELLE
18
20
Dated:
21 LAND LOT 1, LLC
22
23 IV.
24 JUDGMENT
25 The court, having considered the Stipulation of the parties, having approved same, and good
26 cause appearing therefore,
27
28 ..g_
STMULATION POP, J MMENT AND JUDGMENT
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ORIGINAL
1111612009 11:58 MAKER 0: 0605 226 4021 P.0021002
t
1
2 APPROVED AS TO FORM:
Dated:
4 VIFLGIMA G NNARO
6 City Attorney
6
7 Dated: RICARDO HMLGA
8
9 Dated:
10 WILLIAM R. TUCULET
11
12 Dated:
13 KATHERINE L. TUCULET
14
16 Dated:
LEE VINCENT LAVELLE
18 '
17
16 Dated: , LAURETT~: MA'RM LAVELLE
19
r
20 Dated:- III 10/r
21 B WMAKER. As
Reprosentative of Aseigaces of
22 LAND LOT 1, LLC
23
24 IV.
25 JUDGMENT
28 The, Court, having considered the Stipulation of the parties, having approved same, and good
27 oause appearing therefore,
28 -6-
8MMATION FOR 7(MMWr AND JUDGUMT
Received Time Nov. 16, 2009 11:56AM No. 3369
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ORIGINAL
1 IT IS HEREBY ADJUDGED, DECREED AND ORDERED THAT:
2 1. Based upon a material mistake of fact regarding the performance of the Property
3 Trade Agreement that resulted in a failure of consideration, the City approved and adopted
4 Resolution No. 32-07 approving General Plan Amendment No. 06-2022, by changing the land use
5 designations on the Planz Property from Ll (Light Industrial) and H1 (Heavy Industrial) to P
6 (Public Facilities) and Ordinance No. 4413 approving Zone Change No. 06-2022, by changing the
7 zoning on the Planz Property from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to OS
8 (Open Space);
9 2. Equitable principles require the land use designation and zoning on the North Planz
10 Property be restored to Hl (Heavy Industrial)/Ll (Light Industrial) and M-3 (Heavy Industrial)/M-1
11 (Light Manufacturing). Accordingly, Resolution No. 32-07 and Ordinance No. 4413 shall
12 immediately be amended by the City to restore the land use designation and zoning on the North
13 Planz Property to H1 (Heavy Industrial)/Ll (Light Industrial) and M-~ (Heavy Industrial)/M-1
14 (Light Manufacturing) as it existed prior to the Property Trade Agreement;
15 3. The Settling Plaintiffs and the City shall each be responsible for their own attorneys'
16 fees and costs;
17 4. The fourth cause of action for specific performance shall be dismissed with
18 prejudice;
19 5. This Judgment shall have no res judicata/collateral estoppel/issue preclusion/claim
20 preclusion effect on the pending Land Lot 1 claims against the City for, among other things, breach
21 of the PTA, and shall be inadmissible in the trial of the action between Land Lot 1 and the City for
22 any purpose.
23
NOV 3 0 2009 WILLIAM D PALMi0ft
24 Dated:
25 HON. WILLIAM D. PALMER
26
27
28 -7-
STIPULATION FOR JUDGMENT AND JUDGMENT
AGREEMENT NO. 0 7- 0 1 5
PROPERTY TRADE AGREEMENT
THIS AGREEMENT (this "Agreement") is made and entered into on January
2007 ("Effective Date"), by and between the CITY OF BAKERSFIELD, a
municipal corporation ("CITY"), and LAND LOT 1, LLC, a California limited liability
company In. which Mel Heinemann is a managing member ("HEINEMANN").
RECITALS
WHEREAS, the CITY owns an approximate 163-acre parcel, located on the
future extension of E. Berkshire Road, APN 518-020-01, and has identified an
approximate 40-acre portion thereof for development by HEINEMANN ("Berkshire
Property"); and
WHEREAS, HEINEMANN owns a 20-acre parcel located on E. Planz Road, APN
172-020-15 and prior to the Close of the Escrow will own a second 20-acre parcel
located on E. Planz Road, APN 172-020-16 ("Planz Property"); and
WHEREAS, a map of the Berkshire Property, based on the Assessor's Parcel
Map, showing the approximate boundaries of the 40-acre portion of the CITY' property
defined as the Berkshire Property, Is attached as Exhibit A-1, and map of the Planz
Property, based on the Assessor's Parcel Map, showing the boundaries of the Planz
Property, is attached as Exhibit B; and
WHEREAS, the CITY and HEINEMANN are entering into this Agreement to
make a like-kind trade of the CITY'S Berkshire Property for HEINEMANN'S Plan;
Property, subject to the City Council's approval; and
WHEREAS, HEINEMANN plans to develop a residential PUD on the Berkshire
Property ("Project'); and
WHEREAS, the Berkshire Property is currently subject to a year-to-year
agricultural lease, but the CITY has the right to, and has agreed to, terminate the lease
effective as of October 31, 2007 as to the Berkshire Property; however, upon acquiring
the Berkshire Property, HEINEMANN desires to negotiate with the CITY and the current
lessee for certain access rights to the Berkshire Property as provided in Paragraph 8(g);
NOW, THEREFORE, incorporating the foregoing recitals herein, the CITY and
HEINEMANN mutually agree as follows:
1. INTRODUCTION. Unless the provisions or context otherwise require,
these
provisions and rules of construction shall govern the construction of this Agreement and
at documents executed pursuant to this Agreement.
Page 1 of 18 Pages
849023.1 11640.2 COWRAMa
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(a) Captions. The captions of paragraphs of this Agreement do not in any
manner define the scope, meaning or intent of the provisions of this Agreement or any
documents executed pursuant to this Agreement.
(b) Incorporation of Recitals. Each of the recitals is incorporated in this
Agreement by reference as If fully set forth in this Agreement at length, is deemed to be
the agreement and a reflection of the intent of the Parties, and is relied upon by the
Parties in agreeing to the provisions of this Agreement.
(c) Amendments. Whenever any reference is made to any law, such
reference shall apply to all amendments subsequently made, to the extent such
amendment does not render this Agreement unenforceable.
(d) Tenses. The present tense includes the past and future tenses, and
the future tense includes the present tense.
(e) Gender. The masculine, feminine or neuter gender shall be deemed
to include the other.
(f) Singular. Plural. The singular or plural number shall be deemed to
include the other.
2. DEFINITIONS. Unless the provisions or context. otherwise require, and in
addition to definitions contained elsewhere in this Agreement, the definitions set forth
below shall govern the construction of this Agreement and all documents executed
pursuant to this Agreement.
(a) Agricultural Lease: Lessee. "Agricultural Lease means the year-to-
year agricultural lease currently encumbering the Berkshire Property. "Lessee" means `
the lessee under the Agricultural Lease.
(b) Close. or Closing: Closing Date. "Close" or "Closing" means the
event of the transfer of title to the Properties between the CITY and HEINEMANN.
"Closing Date" means the date provided for in Paragraph 4 for the Close of the Escrow
with respect to the trade of the Properties.
(c) Conditions of Title. "Conditions of Title" means the following
exceptions to title to the Properties: (1) the lien for local real property taxes and
assessments not yet due or payable, (ii) the lien for supplemental taxes, if any,
assessed pursuant to the provisions of Revenue and Taxation Code 75-75.80, and
(iii) any other exceptions to title to the Properties approved by the CITY and
HEINEMANN as provided in Paragraph 5(b).
(d) Deeds . "Deed" or "Deeds" means the grant deeds conveying title to
the Properties, between the CITY and HEINEMANN, in the Title Company's standard
corm, consistent with this Agreement.
Page 2 of 18 Pages CONTRAM
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aRIC;iNAt
(e) Escrow. "Escrow" means the escrow opened at the Title Company to
1 consummate this trade transaction.
M Escrow Instructions. "Escrow Instructions" means joint escrow
instructions from the CITY and HEINEMANN to the Title Company in the Title
Company's standard form, consistent with this Agreement. In the event of any conflict,
this Agreement shall control.
(g) Preliminary Title Report(s). "Preliminary Title Report" or "Preliminary
Title Reports" mean the preliminary title report with respect to the Berkshire Property
and the Planz Property, or one or the other, as applicable, to be issued by the Title
Company, the cost of both of which shall be borne by HEINEMANN.
(h) Pronrty(tes). "Property" or "Properties" mean the Berkshire Property
and the Planz Property, or one or the other, as applicable, and any portion thereof,
including, respectively, (i) all tenements, rights, rights-of-way, easements, privileges and
appurtenances thereto or used in connection therewith or as a means of access thereto,
and (ii) any permits granted in connection therewith., including all licenses, building, and
other permits, certificates of occupancy and any other certificates, approvals or
authorizations required by law or by any governmental or private authority having
jurisdiction over the Property or any part thereof for the occupancy, use, or ownership
thereof, but excluding all oil, gas, minerals and other hydrocarbon substances within or
underlying the Properties as reserved in prior deeds of record.
(1) Title Company. "Title Company" means Ticor Title Company, 10000
Stockdale Hwy, Bakersfield, California, Naida Carlton, Escrow Officer.
Title PoUcy(les) . "Title Policy" or "Title Policies" mean the CLTA
Policy of Title Insurance in the amount: of each Property's. market value insuring that title
to that Property is vested in each grantee party subject only to the Conditions of Title.
Either party may obtain an ALTA Policy of Title insurance with extended coverage,
together with any endorsements thereto as may be so requested, the additional
premium or cost therefor to be paid by the requesting party, as provided in Paragraph
15.
3. TERMS OF TRADE. The CITY and HEINEMANN agree to trade the
Properties upon all of the terms, covenants and conditions set forth in this Agreement,
including the following specific development terms, covenants and conditions:
(a) HEINEMANN shall convey the Planz Property to the CITY.
HEINEMANN shall compact the pits on the Planz Property to a minimum of 85% of
relative compaction, and shall fill the pits on the Planz Property to an elevation
acceptable to the CITY and generally level the Planz Property to a "farmable condition"
acceptable to the CITY and otherwise in accordance with a grading plan, including a
soils report by a licensed geotechnical engineer, approved by the CITY. The CITY shall
inspect the Planz Property to determine, in its sole discretion, whether the Planz
849023.1 11640.2 Page 3 of 18 Pages ~ A K F~
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Property is in a "farmable condition" satisfactory to the CITY. HEINEMANN shall be
required to take any further measures designated by the CITY to deliver the Planz
Property in a "farmable condition" satisfactory to the CITY.
(b) The CITY shall convey the Berkshire Property to HEINEMANN. The
CITY shall create two 20-acre parcels, outside of the 80' wide PG&E easement along
the eastern boundary of the Berkshire Property, generally 2588.54 feet along the future
extension of E. Berkshire Road and 673.12 feet along Cottonwood Road, as generally
shown on Exhibit A-2, which acreage Includes the future estimated road dedications on
Cottonwood Road and the future extension of E. Berkshire Road. If the creation of two
20-acre parcels triggers a parcel map requirement under the Subdivision Map Act, the
CITY shall create a 40-acre parcel. The CITY shall process a general plan amendment
and zone change for the Berkshire Property suitable for R-2 or PUD zoning ("Berkshire
GPA/ZC"). HEINEMANN shall provide all studies and reports required for the Berkshire
GPA/ZC. The CITY shall use its best efforts to schedule the Berkshire GPA/ZC for the
first available General Plan Cycle to be heard by the Planning Commission and shall
propose a Negative Declaration therefor. The CITY shall process a general plan
amendment and zone change for the Planz Property suitable for agricultural uses
concurrently with the Berkshire GPA/ZC ("Planz GPA/ZC").
(c) HEINEMANN shall construct a new agricultural water well and 24"
concrete pipeline ("New Well"), to replace the existing agricultural water well and 24"
concrete pipeline currently located in the northwest corner of the Berkshire Property
("Old Well"), in an alternative location specified by.the CITY on the balance of the parcel
which will continue to be farmed. The CITY shall inspect the New Well to determine, in
its sole discretion, whether the New Well has been satisfactorily constructed.
HEINEMANN shall be required to take any further measures designated by the CITY to
satisfactorily construct the New Well. HEINEMANN shall abandon the Old Well in
accordance with applicable law.
(d) In order to extend water service to the Planz Property, HEINEMANN
shall extend an 18" lateral irrigation line that terminates at Planz Road and Washington
Street, approximately 1,350' due west, with 12" irrigation risers spaced at 50' intervals
with appropriate vent stands and stand pipes as required.
(e) In order to extend sewer service to the Berkshire Property,
HEINEMANN shall request the formation of Planned Sewer Area and/or an Assessment
District and submit all supporting documentation. The CITY's Public Works Department
shall in good faith support the formation of'Planned Sewer Area and/or an Assessment
District in order to allow extension of the sewer trunk line to serve the Berkshire
Property .
(f) The CITY's Public Works Department shall not require street
improvements on the portion of Cottonwood Road south of the south boundary of the
Berkshire Property, except for a transition taper on the east side of Cottonwood Road.
4owever, HEINEMANN acknowledges that the Planning Commission or the City
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Council may require such street improvements and/or additional street improvements.
HEINEMANN further acknowledges that the CITY's Public Works Department requires
dedication of Washington Street to collector standards (90' width) which, because of an
80' PG&E easement down the center of the section line shown on the Circulation
Element for such alignment of Washington Street, will require dedication of the entire
` 90' width on the Berkshire Property. In order to accommodate for this unexpected loss
of acreage, the CITY's Public Works Department shall allow narrower interior streets
within the Project, if private, subject to meeting city ordinances and standards.
HEINEMANN shall otherwise be responsible for all improvements associated with
development of the.Berkshire Property as required by city ordinances, standards and
orderly development.
4. ESCROW: CLOSING DATE. The CITY and HEINEMANN shall, within 10
days of the Effective Date, open the Escrow with the Title Company, and shall, within 10
days after receipt of the Escrow Instructions, execute and deliver the Escrow
Instructions to the Title Company. The CITY and HEINEMANN shall consummate this
trade transaction through the Escrow on the Closing Date, which shall be as mutually
agreed, but no earlier than satisfaction of the conditions specified in Paragraphs 5(e)
and (f).
5. CONDITIONS TO ESCROW. The parties' obligation to trade the respective
Properties or otherwise to perform any obligation provided in this Agreement shall be
expressly conditioned upon the fulfillment of each of the following conditions which are
conditions precedent to the Close of the Escrow:
(a) The due performance by the CITY and HEINEMANN of each and
every covenant to be performed by it or him hereunder, and the truth of each
representation and warranty made in this Agreement by the parties as of the Effective
Date and as of the Closing Date;
(b) The issuance by the Title Company of the Preliminary Title Reports,
the delivery to the CITY and HEINEMANN of the Preliminary Title Reports and legible
copies of all documents, whether recorded or unrecorded, evidencing exceptions to title
shown therein and the approval by the CITY and HEINEMANN of the Preliminary Title
Reports and all exceptions to title shown therein within 30 days of the Effective Date;
(c) HEINEMANN's review and approval of the environmental condition of
the Berkshire Property, HEINEMANN's confirmation that the Agricultural Lease is on a
year-to-year term and can be terminated by the CITY effective as of October 31, 2007
as to the Berkshire Property as provided in Paragraph 8(g), and the confirmation of the
costs for the work specified in Paragraphs 3(a) and 3(c), to be completed within 30 days
of the Effective Date;
(d) The CITY's review and approval of the environmental condition of "the
Planz Property, based on review of the WZI Environmental Report, to be completed
within 60 days of the Effective Date;
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(e) The final approval by the City Council, subject to no judicial appeals,
of the Berkshire GPA/ZC and the Planz GPA/ZC, and with conditions of approval
acceptable to the City and HEINEMANN;
(f) The CITY's approval and acceptance of the work specified in
Paragraphs 3(a), 3(c) and 3(d);
(g) The willingness of the Title Company to issue, subject only to payment
of the normal premium, and the issuance of the Title Policies upon the Closing Date;
and
(h) The delivery to the CITY and HEINEMANN upon the Closing Date of
title to the Properties by delivery of the Deeds and the fulfillment of each of the other
conditions contained in this Agreement.
6. FAILURE OF CONDITIONS. Should either the CITY or HEINEMANN
disapprove of any condition set forth in Paragraph 5 within the time specified, the
disapproving party shall have the power, exercisable in its or his sole discretion by.
giving of written notice to the other party, (i) to terminate this Agreement and recover
any documents delivered pursuant to the provisions of this Agreement, in which event
the CITY and HEINEMANN shall be relieved and released of any further obligations
hereunder, subject to any. continuing indemnification obligations, or (ii) to waive such
condition and proceed with the Close of the Escrow. A party's failure to so approve or
disapprove of such condition shall be deemed disapproval thereof, except that a party's
consent to the Close of the Escrow shall be deemed waiver thereof. Should either the
CITY or HEINEMANN disapprove of any exception to title (a "Title Defect") as provided
in Paragraph 5(b) within the time specified, that party shall first give to the other party 15
days written notice of the Title Defect which it or he has disapproved and 15 days
thereafter to determine whether it or he is willing or able to correct such Title Defect,
and only if the party with the Title Defect is unwilling or unable to do so shall the other
party be allowed to exercise the remedy contained in subparagraph (1) of this Paragraph
6. Otherwise the party with a Title Defect shall proceed to correct the Title Defect prior
to the Close of the Escrow, and only if that party is thereafter unable to correct the Title
Defect prior to the Close of the Escrow shall the other party continue to have the right to
exercise the remedy specified in subparagraph (i). No Title Defect may be insured over
or removed of record by indemnification or similar arrangement with the Title Company
without both parties' prior written consent. A waiver of any condition by a party shall not
reduce or eliminate the rights or remedies of that party by reason of any breach of any
covenant; representation or warranty made by the other party in this Agreement.
7. "AS-1S". The CITY and HEINEMANN acknowledge and agree that each
Property is traded "AS-IS," in its present condition, without warranty, except as
expressly warranted by each party for its or his Property in this Agreement, including
without limitation, Paragraphs 3 and 8, or as required to be warranted by applicable law.
Neither party shall be responsible for making corrections or repairs of any nature,
except as expressly provided for in this Agreement or as required by applicable law.
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1 8. COVENANTS. REPRESENTATIONS AND WARRANTIES. The CITY and
HEINEMANN each make the following covenants, representations and warranties, in
addition to any covenants, representations or warranties specified to be made by the
CITY or HEINEMANN elsewhere in this Agreement, each of which covenants,
representations and warranties (1) shall survive the Closing Date, (ii) shall be deemed
material and being relied upon by the other, (iii) shall be true in all respects as of the
Effective Date and (iv) shall be true in all respects as of the Closing Date:
(a) The CITY and HEINEMANN shall in good faith cooperate in satisfying
all conditions contained in this Agreement, including, without limitation, the execution of
any and all documents required to be executed by a party as record owner of the
Property to accomplish any verifications, approvals or determinations and allowing
access to the other party's Property, with prior verbal or written notice, to conduct due
diligence or otherwise comply with its or his obligations under this Agreement. Neither
party shall interfere with existing operations on the other party's Property while
accessing same.
(b) As of the Effective Date and prior to the Closing Date, a party shall not
alienate, encumber or otherwise transfer any part of its or his Property or any interest
therein.
(c) A party shall not (i) enter into any contract with respect to its or his
Property which will survive the Close of the Escrow or otherwise affect the use,
operation or enjoyment of the Property after the Close of the Escrow without both
parties' prior written consent or (ii) change, modify, supplement, amend or cancel any
existing contract or agreement with respect to the Property without both parties' prior
written consent; provided, however, that this provision shall not apply to contracts
entered Into by Heinemann to complete his obligations under Paragraphs 3(a), 3 (c) and
3(d).
(d) Each party hereby warrants that it or he has not created or allowed
the creation of, and to. the best of that party's knowledge no person or entity shall have,
any right, title or interest in or to its or his Property, or any part thereof, whether a right
of first refusal, right to purchase or to lease, or otherwise, or right to possession of the
Property, or any part thereof, as a lessee, tenant, tenant at will, tenant at sufferance or
trespasser, or otherwise, except as otherwise shown in the Conditions of Title and
except for the Agricultural Lease.
(e) The CITY shall provide any existing environmental assessments of or
title reports for the Berkshire Property within 10 days of the Effective Date.
HEINEMANN may update those reports at his cost, as provided in Paragraph 15. The
CITY has provided HEINEMANN with a copy of the, entire Agricultural Lease.
(f) HEINEMANN shall provide an environmental assessment of the Planz
Property, dated January 2006 and performed by WZI, Inc. ("WZI Environmental
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Report"), and the title policies for the Planz Property, dated May 13, 2005, issued by
Alliance Title (North 20 acres) and dated August 29, 2005, issued by Stewart Title
(South 20 acres). The CITY may update those reports at HEINEMANN's cost if desired,
as provided in Paragraph 15, and any such updates shall be subject to the City's review
and approval as provided in Paragraph 5(d).
(g) The Berkshire Property is currently subject to the Agricultural Lease;
however, the CITY has the right to, and hereby agrees to; terminate the Agricultural
Lease effective as of October 31, 2007 as to the Berkshire Property by providing written
notice to Lessee as provided in Paragraph 2 of the Agricultural Lease. However, at
some point after acquiring the Berkshire Property, HEINEMANN will need access to
portions of the Berkshire Property for pre-development work and to complete work
required under this Agreement. Accordingly, the CITY and HEINEMANN shall enter
into good faith negotiations with the Lessee, to allow access by HEINEMANN and his
employees, consultants and contractors for pre-development work, including to the area
where the New Well is to be constructed, in order to complete his obligations under
Paragraph 3(c), and to the existing road along the south boundary of the Berkshire
Property, in order to commence sewer improvement work. HEINEMANN is obligated to
construct the New Well so as to function properly and according to code. If the Lessee
suffers any damage to crops, equipment or other personal property as a result of
improper construction, installation or functioning, not due to the acts or omissions of
Lessee, HEINEMANN shall be responsible to reimburse Lessee for such damage. A
prorata amount of the rent paid to the CITY under the Agricultural Lease for the 2007
crop year shall be paid to HEINEMANN, based on the acreage constituting the
Berkshire Property, estimated to be 40 acres, and the total acreage subject to the
Agricultural Lease, estimated to be 163 acres.
9. INDEMNIFICATION.
(a) HEINEMANN shall preserve all rights and remedies regarding the
Planz GPA/ZC until consummation of this trade transaction; however, HEINEMANN
shall sign the CITY's standard form indemnification in favor of the CITY regarding this
trade transaction, to be contained in the project approval documents, as determined by
the City Attorney.
(b) In addition, and except as otherwise provided in Paragraph 9(a),
HEINEMANN shall indemnify, defend and hold harmless the CITY, its officers, agents
and employees 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, arising out of, connected with, or, caused by
HEINEMANN, HEINEMANN's employees, agents, independent contractors, companies
or subcontractors in the performance of, or in any way arising from, the terms and
provisions of this Agreement or this trade transaction, whether or not caused in part by
a party indemnified hereunder, except for the CITY's sole active negligence or willful
misconduct.
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10. WAIVER OF CLAIM. HEINEMANN shall waive any claim against the CITY
for HEINEMANN 's underestimation of costs or overestimation of profit from this trade
transaction, and acknowledges that in making the decision to proceed with this trade
transaction notwithstanding concerns expressed by the CITY regarding HEINEMANN's
preliminary cost estimations for work provided for in Paragraphs 3(a), 3(c) and 3(d),
HEINEMANN is relying solely on his own due diligence and cost and profit estimations,
in consultation with his own engineers, planning consultants, accountants and
attorneys.
11. CONDITIONS OF TITLE. Title to the Properties shall be conveyed by the
Deeds, between the CITY and HEINEMANN, subject only to the Conditions of Title, the
Agricultural Lease and the terms of this Agreement.
12. EVIDENCE OF TITLE. Delivery of title in accordance with Paragraph 11
shall be evidenced by the willingness of the Title Company to issue, upon payment of its
normal premium, the Title Policy.
13. DEPOSIT OF DOCUMENTS AND FUNDS.
(a) Each party shall deposit or cause to be deposited into the Escrow
on or before the Closing Date the following documents: (1) the duly executed and
acknowledged Deed for that party's Property, and (ii) any other documents required by
the Title Company.
(b) HEINEMANN shall deposit or cause to be deposited into the Escrow
on or before the Closing Date the following funds and documents: (i) an additional
amount necessary to pay the parties' closing costs and other costs, as provided in
Paragraph 15, (ii) a duly executed Affidavit of Non-Foreign Status, and (iii) a duly
completed preliminary change of ownership- report in accordance with Revenue and
Taxation Code § 480.3.
14. CLOSING. The Title Company shall Close the Escrow when it is in a
position to issue the Title Policies. The Title Company shall Close the Escrow by:
(a) Recording the Deeds;
(b) Issuing the Title Policies; and
(c) Obtaining written confirmation from both parties that each party has
satisfied or waived all terms, covenants and conditions outside of the Escrow and as set
forth in this Agreement.
15. CLOSING COSTS AND OTHER COSTS.
(a) HEINEMANN understands and agrees that the CITY shall incur no
^.osts, other than internal City staff time and costs in processing the land division to
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create the Berkshire Property, the Berkshire GPA/ZC, the Planz GPA/ZC and in
Alp reviewing and inspecting and otherwise monitoring its rights and complying with its
obligations under this Agreement.
(b) HEINEMANN shall pay the costs of all transfer and conveyance taxes
whatsoever imposed by any governmental authority upon this trade transaction, the title
insurance premiums for the Title Policies, the recording fees for the Deeds, the Title
Company fees and costs for administering the Escrow, and all other costs of the Escrow
and Closing. The requesting party shall pay any additional premium or cost for
additional title coverage or endorsements under a Title Policy, as provided in Paragraph
2(k), including a survey if required. Should either the CITY or HEINEMANN elect to
update the respective Title Reports or environmental assessments, as provided in
Paragraph 8(e) and 8(f), that party may do so at HEINEMANN's cost.
(c) HEINEMANN shall, at his sole cost and expense, keep in effect or
obtain at all times during the term of this Agreement any licenses, permits and
approvals which are legally required for HEINEMANN to consummate this trade
transaction.
16. POSSESSION. Each parry shall transfer to the other party on the Closing
Date possession of the Property and all keys to all locks located on that Property.
17. COMMISSIONS. The CITY and HEINEMANN each hereby warrant to the
rk other that their sole contact with the other or with the Properties regarding this
transaction has been directly between themselves and their agents and employees.
The CITY and HEINEMANN further each hereby warrant to the other that no person or
entity can properly claim a right to a commission, finder's fee or other compensation
based upon contacts or understandings between such claimant and the CITY of
HEINEMANN with respect to this trade transaction.
18. NO WAIVER OF DEFAULT. The failure of any party to enforce against
another parry any provision of this Agreement shall not constitute a waiver of that
party's right to enforce such a provision at a later time, and.shall not serve to vary the
terms of this Agreement.
19. GOVERNING LAW.. The laws of the State of California will govern the
validity of this Agreement, its interpretation and performance. Any litigation arising in
any way from this. Agreement shall be brought in Kern County, California.
20. FURTHER ASSURANCES. Each party shall execute and deliver such
papers, documents and instruments, and perform such acts as are necessary or
appropriate, to implement the terms of this Agreement and the intent of the parties to
this Agreement.
21. NOTICES. All notices relative to this Agreement shall be given in writing and
shall be personally served or sent by certified or registered mail and be effective upon
Page 10 of 18 Pages
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A"11 depositing in the United States mail. The parties shall be addressed as follows, or A"11 any other address designated by notice:
CITY: CITY OF BAKERSFIELD
City Hall
1501 Truxtun Avenue
Bakersfield, California 93301
HEINEMANN: MEL HEINEMANN
2464 Bayvlew Heights Drive
Los Osos, California 93402
COPY TO: TERI A. BJORN
Kronick, Moskovitz, Tiedemann & Girard
1675 Chester Avenue, Suite 320
Bakersfield, California 93301
22. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be
assigned or transferred by either party without the prior written consent of the other
party. Any such assignment will be subject to such terms and conditions as CITY may
reasonably choose to impose.
23. BINDING EFFECT. Subject to Paragraph 22, the rights and obligations of
this Agreement shall inure to the benefit of, and be binding upon,
the parties, to the
contract and their heirs, administrators, executors, personal representatives, successors
and assigns. This Agreement may be executed in any number of counterparts, each of
which shall be considered as an original and be effective as such.
24. EXHIBITS. In the event of a conflict between the terms, covenants or
conditions set forth in this Agreement and those in exhibits attached hereto, the terms,
covenants or conditions set forth in this Agreement shall prevail. All exhibits to which
reference is made in this Agreement are deemed incorporated in this Agreement,
whether or not actually attached.
25. MERGER AND MODIFICATION. This Agreement sets forth the entire
agreement between the parties and supersedes all other oral or written representations.
This Agreement may be modified only in a writing approved by the City Council and
signed by all the parties.
26. CORPORATE AUTHORITY. Each individual signing this Agreement on
behalf of entities represents and warrants that they are, respectively, duly authorized to
sign on behalf of the entities and to bind the entities fully to each and all of the
obligations set forth in this Agreement.
27. COMPLIANCE WITH ALL LAWS. HEINEMANN shall, at HEINEMANN's
sole cost, comply with all of the requirements of Municipal, State and Federal authorities
Page 11 of 18 Pages
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now in force, or which may hereafter be in force, pertaining to this Agreement, and shall
faithfully observe in all activities relating to or growing out of this Agreement all
Municipal ordinances and State and Federal statutes, rules or regulations and
permitting requirements now in force or which may hereafter be in force.
28. INSURANCE. In addition to any other insurance or bond required under this
Agreement, HEINEMANN shall procure and maintain for the duration of this-Agreement
the following types and limits of insurance ("basic insurance requirements" herein):
28.1 Automobile liabillty insurance, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons, property
damage and personal injury, with limits of not less than One Million Dollars ($1,000,000)
per occurrence; and the policy shall:
28.1.1 Provide coverage for owned, non-owned and hired autos.
28.2 Broad form commercial general liability insurance, unless
otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence
basis for bodily injury, including death, of one or more persons, property damage and
personal injury, with limits of not less than One Million Dollars ($1,000,000) per
occurrence; and the policy shall:
28.2.1 Provide contractual liability coverage for the terms of this
Agreement.
28.2.2 Contain an additional insured endorsement in favor of the
CITY, its mayor, council, officers, agents, employees and
volunteers.
28.3 Workers' compensation insurance with statutory limits and
employer's liability insurance with limits of not less than One Million Dollars
($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in
favor of the CITY, Its mayor, council, officers, agents, employees and volunteers.
28.4 All policies required of HEINEMANN shall be primary insurance as
to the CITY, its mayor, council, officers, agents, employees or designated volunteers,
and any insurance or self-insurance maintained by the CITY, its mayor, council, officers,
agents, employees and designated volunteers shall be excess of HEINEMANN's
insurance and shall not contribute with It.
28.5 Except for workers' compensation, insurance is to be placed with
insurers with a Bests' rating as approved by CITY's Risk Manager, but in no event less
than A:V. Any deductibles, self-insurance retentions or insurance in lesser amounts, or
lack of certain types of insurance otherwise required by this Agreement, or insurance
rated below Bests' AN must be declared prior to execution of this Agreement and
approved by the CITY in writing.
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28.6 Unless otherwise approved by CITY's Risk Manager, all policies shall
contain an endorsement providing the CITY with thirty (30) days written notice of
cancellation or material change in policy language or terms. All policies shall provide
that there shall be continuing liability thereon, notwithstanding any recovery on any
policy. Copies of policies shall be delivered to CITY on demand.
28.7 The insurance required hereunder shall be maintained until all work
required to be performed by this Agreement is satisfactorily completed as evidenced by
written acceptance by the CITY.
28.8.HEINEMANN shall furnish the CITY's Risk Manager with a certificate
of insurance and required endorsements evidencing the insurance required. The CITY
may withdraw its offer of contract or cancel this Agreement if certificates of insurance
and endorsements required have not been provided prior to the execution of this
Agreement.
28.9 Full compensation for all premiums which HEINEMANN is required to
pay on all the insurance described herein shall be considered as included in the prices
paid for the various items of work to be performed under this Agreement, and no
additional allowance will be made therefor or for additional premiums which may be
required by extensions of the policies of insurance.
28.10 It is further understood and agreed by HEINEMANN that its liability
to the CITY shall not in any way be limited to or affected by the amount of insurance
obtained and carried by HEINEMANN in connection with this Agreement.
28.11 Unless otherwise approved by the CITY, if any part of the work
under this Agreement is subcontracted, the "basic insurance requirements" set forth
above shall be provided by, or on behalf of, all subcontractors even if the CITY has
approved lesser insurance requirements for HEINEMANN.
29. EXECUTION. This Agreement is effective upon execution. It is the product
of negotiation and all parties are equally responsible for authorship of this Agreement.
Section 1654 of the California Civil Code shall not apply to the interpretation of this
Agreement.
30. CONTRACT ADMINISTRATOR.
The Contract Administrator for the CITY is:
Don Anderson, Real Property Agent
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, California 93301
Telephone (661) 326-3061
Page 13 of 18 Pages
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HEINEMANN's Project Manager shall be:
R. Thompson Consulting, Inc.
Consulting Engineer
7600 Morro Road
Atascadero, CA 93422
Telephone (805) 462-1375
31. TAX NUMBERS.
HEINEMANN's Federal Tax ID Number 20-5462491
HEINEMANN is a corporation? Yes No X (please check one)
32. NON-INTEREST. No officer or employee of CITY shall hold any interest in
this Agreement (California Government Code section 1090).
33. RESOURCE ALLOCATION. All obligations of CITY under the terms of this
Agreement are subject to the appropriation and allocation of resources by the City
Council.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the Effective Date.
"CITY" "HEINEMANN"
CITY OF BAKERSFIELD LAND LOT 1, LLC
By. y: yc,Q _
HARVEY L. ALL MEL HEINEMANN c-
Mayor Managing Member
APPROVED AS TO FORM:
VIRGINIA GENNARO, City Attorney
By:
ROBERT SHERFY
Deputy City Attorney
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APPROVED AS TO CONTENT:
By:
STANL Y GRADY
Development Service Director
APPROVED AS TO CONTENT:
By:
RA ROJAS
Public Works Director
COUNTERSIGNED:
By:
NEL ON SMITH
Finance Director
849023.1 11640.2 Page 15 of 18 Pages ~bN14R
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EXHIBIT A-1
Map of the Berkshire Property
Assessor's Parcel Map 518-02-01
(See Attached)
Page 16 of 18 Pages CONTRACTOR FK
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B A K E R S F I E L D
February 1, 2007
Mel Heinemann
c/o Teri A. Bjorn, Esq.
Kronick, Moskovitz, Tiedemann & Girard
1675 Chester Avenue, Suite 320
Bakersfield, CA 93301
Dear Teri,
I am enclosing a fully executed original of the Property Trade Agreement between the
City of Bakersfield and your client, Land Lot 1, LLC (Mel Heinemann). I will be opening
escrow today and will advise your office of the relevant information as it becomes
available. As always, please do not hesitate to contact me if you have any questions,
comments, or suggestions.
PS~inrely,
Andersonrty Manager
DMA/s
Enclosure
Cc: Alan Tandy, City Manager
Nelson K. Smith, Finance Director
Robert M. Sherfy, Deputy City Attorney
{
City of Bakersfield - Property Management Division - 1501 Truxtun Avenue
Bakersfield - California - 93301
(661) 326-3061 - Fax (661) 852-2042 OPKFS
property@bakersfieldcity.us
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032-07
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 06-2022, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM LI
(LIGHT INDUSTRIAL) AND HI (HEAVY INDUSTRIAL) TO P
(PUBLIC FACILITIES) ON APPROXIMATELY 40 ACRES
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF E.
PLANZ ROAD AND WASHINGTON STREET (FUTURE), AND
FROM R-IA (RESOURCE-INTENSIVE AGRICULTURE) TO HMR
(HIGH MEDIUM DENSITY RESIDENTIAL) ON APPROXIMATELY
40 ACRES GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF COTTONWOOD ROAD AND E. BERKSHIRE ROAD
(FUTURE).
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on Monday, December 18,
2006, and on Thursday, December 21, 2006, on General Plan Amendment No. 06-2022, notice of the
time and place of hearing having been given at least twenty (20) calendar days before said hearing by
publication in The Bakersfield Calffomfan, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No. 06-2022, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-2022•
Mel Heinemann applied to amend the Land Use Element of the Metropolitan Bakersfield
General Plan consisting of a change from LI (Light Industrial) and HI (Heavy Industrial)
to P (Public Facilities) on approximately 40 acres generally located at the southwest
comer of E. Pianz Road and Washington Street (future), and from R-IA (Resource-
Intensive Agriculture) to HMR (High Medium Density Residential) on approximately 40
acres generally located at the southeast comer of Cottonwood Road and E. Berkshire
Road (future); and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-2022 and it
was determined that the proposed project would not have a significant effect on the environment;
therefore, a Negative Declaration was prepared in accordance with the Califomia Environmental Quality
Act (CEQA); and
WHEREAS, Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan
Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) factors when considering
projects that propose to convert designated agricultural land to non-agricultural uses; and
WHEREAS, the Planning Commission and City Council have evaluated the ten (10) factors
provided under Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan
Bakersfield General Plan with respect to the approximately 40 acres generally located at the southeast
comer of Cottonwood Road and E. Berkshire Road (future) and found the following:
1
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ORIGINAL
1) Soil Quail
The project site contains soil type 174 (Kimberiina fine sandy loam, 0 to 2 percent slopes), which
meets the requirements for prime farmland if water for irrigation is available.
2) Availability of irrigation water
Irrigation water is currently available to the site.
3) Proximity to non-agricultural uses
Properties to the north are planned for residential development. Numerous properties within
approximately one-third to one mile west of the project site are designated and zoned for residential
uses.
4) Proximi to intensive parcelization
There are a number of proposed residential subdivisions within approximately one-thins to one mile
west of the project site. Properties to the north are planned for residential development and are
anticipated to be subdivided in the future.
5) Effect on grope 'es subject to "Williamson Act" land use contracts
There are no properties within the project's Zone of Influence that are currently under a Williamson
Act land use contract.
6) Ability to be provided with urban services (sewer, water, roads eta.)
The site is currently accessible via Cottonwood Road and will be accessible via E. Berkshire Road
in the future. Municipal sewer and water service can be extended to the site.
7) Ability to affect the agnlication of agricultural chemicals on nearby agricultural properties
The proposal's impact to nearby agricultural properties would not be significant due to the
restrictions and limitations on the use of agricultural chemicals that will result from other planned and
approved residential developments in the immediate vicinity.
8) Ability to create a precedent-setting situation that leads to the premature conversion of prime
agricultural lands
Urban development has been approved in the immediate vicinity. Therefore, the proposal would not
set a precedent in this regard.
9) Demonstrated groject need
Based upon the close proximity of the project site to other urbanizing lands, the proposal is
considered a logical step in the orderly development of the City of Bakersfield. Urbanization of the
site would allow for the incremental expansion of the infrastructure and public services that are
being constructed and provided in the surrounding area and would help to meet the need for
housing to accommodate the projected population growth in the Metropolitan Bakersfield General
Plan area.
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ORIGINAL
10) Necessity of buffers such as lower densities. setbacks etc
Ample buffers would be provided between the project site and agricultural properties to the north,
south and west by existing and future public streets. The PG&E easement within the eastern portion
of the site as well as the adjacent canal would provide an ample buffer from agricultural properties to
the east. Furthermore, the property to the north was recently designated and prezoned for
residential uses by the City Council subject to annexation.
WHEREAS, by Resolution No. 260-06 on December 21, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 06-2022 subject to the
"Mitigation/Conditions of Approval" listed in Exhibit "A" and this Council has fully considered the findings
made by the Planning Commission as set forth in that Resolution and as restated herein; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section
65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, FEBRUARY 7,
2007, on General Plan Amendment No. 06-2022, notice of time and place of the hearing having been
given at least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a
local newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct.
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 260-06, adopted on December 21,
2006:
a. All required public notices have been provided.
b. The provisions of CEQA have been met.
C. Based upon the Initial Study and comments received, staff has determined that
the proposed project could not have a significant effect on the environment. A
Negative Declaration was prepared for the project in accordance with CEQA.
d. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General
Plan.
e. The land use designation changes from LI (Light Industrial) and HI (Heavy
Industrial) to P (Public Facilities) on approximately 40 acres and from R-IA
(Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on
approximately 40 acres are compatible with the land use designations of
surrounding properties and are internally consistent with the Metropolitan
Bakersfield General Plan.
f. The laws and regulations relating to the preparation and adoption of Negative
Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures have been duly followed by city
staff and the Planning Commission.
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ORIGINAL
3. That the applicant by prior written agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration.
4. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
1. The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for General Plan Amendment No. 06-2022 is hereby approved
and adopted.
3. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
4. The City Council hereby approves and adopts General Plan Amendment No. 06-2022,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for approximately 40 acres generally located at the
southeast comer of Cottonwood Road and E. Berkshire Road (future), and
approximately 40 acres generally located at the southwest comer of E. Planz Road and
Washington Street (future), subject to the "Mitigation/Conditions of Approval" listed in
Exhibit W.
5. That General Plan Amendment No. 06-2022, approved herein, be combined with other
approved General Plan Amendment cases in this same cycle described in separate
resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan.
------000------
4 ~0AKF9
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ORIGINAL
I HEREBY CERTI FY that the foregoing Resolution was passed and adopted by the Council of
the City of Bakersfield at a regular meeting thereof held on VEg 2 8 2007
by the following vote:
YES• COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULUVAN, SCRIVNER
NOES: COUNCILMEM13ER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
nipw"L
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cl of the
Council of the City of Bakersfield
APPROVED FEB 2 8 2007
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
By e /-w - A -
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
PH - S:%GPA 4th 200MM20221Resolutlons= GPA Resolulon.doc
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ORIGINAL
Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment No. 06-2022
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Resources:
1. If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation. Mitigation for
potentially significant cultural resource Impacts.
2. If human remains are discovered during grading or construction activities, work would
cease pursuant to Section 7050.5 of the California Health and Safety Code. If human
remains are identified on the site at any time, work shall stop at the location of the find
and the Kern County Coroner shall be notified immediately (Section 7050.5 of the
California Health and Safety Code and Section 5097.98 of the California Public
Resources Code which details the appropriate actions necessary for addressing the
remains) and the local Native American community shall be notified immediately.
Mitigation for potentially significant cultural resource Impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works (The following conditions do not apply to the 40-acre portion of the GPA area
located at the southwest comer of E. Planz Road and Washington Street):
3. Along with the submittal of any development plan, prior to approval of improvement
plans, or with the application for a lot line adjustment or parcel merger, the following
shall occur:
a. Provide fully executed dedication for Cottonwood Road to arterial standards and
Berkshire Road to collector standards for the full frontage of the area within the
GPA area and provide fully executed dedication for Washington Street to
collector standards in its entirety within the GPA area. 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 GPA area is submitted,
dedication can be provided with the map. The final site plan shall be consistent
with the Circulation Element of the Metropolitan Bakersfield General Plan in
effect at the time of final site plan approval.
b. This GPA area Is too small to support its own storm drainage sump. The City will
allow no more than one sump per 80 acres; therefore, this GPA area must be
included within the drainage area of adjoining property. The developer shall
participate in the development of a Planned Drainage Area and provide a
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ORIGINAL
Exhibit A
GPA No. 06-2022
Mitigation/Conditions of Approval
drainage study for the GPA area, showing its proportionate share of the
necessary ultimate storm drainage facilities.
C. Sewer service must be provided to the GPA area. The developer shall be
responsible for the initial extension of the sewer line to serve the property. This
sewer line must necessarily be sized to serve a much larger area that the project
area. The City Is willing to aid the developer In the formation of a Planned Sewer
Area and/or an Assessment District to provide a mechanism for the
reimbursement of oversizing costs to the developer.
d. In order to preserve the permeability of the sump and to prevent the introduction
of sediments from construction or from storm events, all retention and detention
basins (sumps) shall have a mechanical device in the storm drain system to
remove or minimize the introduction of oil, grease, trash, and sediments to the
sump. This device shall be reviewed and approved by the City Engineer, and
shall provide the greatest benefit to the storm drain system with the least
maintenance cost.
For orderly development.
4. The entire area covered by this General Plan Amendment shall be included in the
Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the
Consolidated Maintenance District with submittal of any development plan, tentative
subdivision map, Site Plan Review, or application for a lot line adjustment for any portion
of this GPA area. For orderly development.
5. Payment of median fees for the arterial frontage of the property within the GPA area is
required prior to recordation of any map or approval of any improvement plan for the GPA
area. For orderly development.
6. The Cottonwood Road crossing of the Arvin Edison Canal need widening; the
Washington Street crossing of this canal must be constructed. Developer shall pay their
proportionate share of the cost and shall aid in the formation of a Major Bridge and
Thoroughfare District for the widening of the crossings. For orderly development.
7. Prior to the issuance of any building permit within the GPA area, the developer shall pay
the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of
Bakersfield Public Works Department. For orderly development.
Page 2 of 3
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ORIGINAL
Exhibit A
GPA No. 06-2022
Mitigation/Conditions of Approval
City Attorney:
8. In consideration by the City of Bakersfield for land use entitlements, including but not
limited to related environmental approvals related to or arising from this project, the
applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to
indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents,
employees, departments, commissioners or boards ("City" herein) against any and all
liability, claims, actions, causes of action or demands whatsoever against them, or any
of them, before administrative or judicial tribunals of any kind whatsoever, In any way
arising from, the terms and provisions of this application, Including without limitation any
CEQA approval or any related development approvals or conditions whether Imposed
by the City, or not, except for CITY's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any
decision by the City related to this project and the obligations of this condition apply
regardless of whether any other permits or entitlements are Issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling
under this condition within thirty (30) days of actually receiving such claim. The City, in
its sole discretion, shall be allowed to choose the attorney or outside law firm to defend
the City at the sole cost and expense of the Applicant and the City Is not obligated to
use any law firm or attorney chosen by another entity or party.
Page 3 of 3
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Exhibit B
General Plan Amendment Map
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GENERAL PLAN AMENDMENT 06-2022
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ORDINANCE NO. 4 4 1 3
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAPS 124-16
and 124-28) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM FROM
M-1 (LIMITED MANUFACTURING) AND M-3 (HEAVY
INDUSTRIAL) TO 08 (OPEN SPACE) ON APPROXIMATELY 40
ACRES GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF E. PLANZ ROAD AND WASHINGTON STREET
(FUTURE), AND FROM A (AGRICULTURAL) TO P.U.D.
(PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 40
ACRES GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF COTTONWOOD ROAD AND E. BERKSHIRE
ROAD (FUTURE) (ZC NO. 06-2022).
WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of
the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing
on a petition to change the land use zoning of those certain properties within the City of
Bakersfield generally located at the southeast comer of Cottonwood Road and E. Berkshire
Road (future) and at the southwest comer of E. Planz Road and Washington Street (future);
and
WHEREAS, by Resolution No. 261-06 on December 21, 2006, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-2022 as delineated on attached Zoning Maps
124-16 and 124-28 marked Exhibit "A", by this Council and this Council has fully considered the
recommendations made by the Planning Commission as set forth in that Resolution and
restated herein; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact which warranted a negative declaration of environmental
impact and changes in zoning of the subject property from M-1 (Limited Manufacturing) and M-
3 (Heavy Industrial) to OS (Open Space) on approximately 40 acres and from A (Agricultural) to
P.U.D. (Planned Unit Development) on approximately 40 acres, and the Council has considered
said findings as restated herein and all appear to be true and correct; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
November 20, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for public facilities and high
medium density residential development; and
WHEREAS, the City Council has considered and concurs with the following findings
made by the Planning Commission as set forth in Resolution No. 261-06, adopted on
December 21, 2006:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been followed.
3. Based on the intial study and comments received, staff has determined that the
proposed project could not have a significant effect on the environment. A
Negative Declaration was prepared for the project in accordance with CEQA. o~ eAKep,
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ORIGINAL
4. The proposed project is consistent with the surrounding land uses.
5. The proposed project, as shown on Exhibit "A," is consistent with the
Metropolitan Bakersfield General Plan.
6. The public necessity, general welfare and good planning practices justify the
requested zone change, as shown on Exhibit "A."
7. In accordance with Bakersfield Municipal Code Section 17.52.070, the Planning
Commission finds as follows:
A. The proposed planned unit development zone and preliminary
development plan is consistent with the general plan and objectives of
this ordinance;
B. The proposed development will constitute a residential environment of
sustained desirability and stability, and it will compliment and harmonize
with the character of the surrounding neighborhood and community; and
C. The proposed development justifies exceptions from the normal
application of this code in that It integrates such elements as the location
of structures, circulation pattern, parking, open space, utilities and other
amenities, together with a program for provision, operation and
maintenance of all areas, improvements, facilities and services provided
for the common use of persons occupying or utilizing the property.
8. The laws and regulations relating to the preparation and adoption of Negative
Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by city
staff and the Planning Commission.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
1. That the above recitals, incorporated herein, are true and correct.
2. The Negative Declaration is hereby adopted.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield
be and the same Is hereby amended by changing the land use zoning of those
certain properties within the City of Bakersfield, the boundaries of which property
are shown on Zoning Maps 124-16 and 124-28 marked Exhibit "A" attached
hereto and made a part hereof, and are more specifically described in attached
Exhibit "B." The change of zoning on Zoning Map 124-28 shall be exclusively for
the development generally depicted in attached Exhibit "D," Preliminary
Development Plan and Landscape Plan, and Exhibit "E," Building Elevations and
Unit Model/Color/Material Summary Table.
4. Such zone change is hereby made subject to the "Midgation/Conditions of
Approval" listed in attached Exhibit "C," subject to approval of GPA No. 06-2022.
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ORIGINAL
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 ara~A> donta u the
Council of the City of Bakersfield at a regular meeting thereof held on II 11
by the following vote:
V/ V,
AYES: COUNCILMEMBER: CARSON, BEN M, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER: AtrNA-
ABSTAIN: COUNCILMEMBER: rX-1'V-
ABSENT: COUNCILMEMBER: COLAJC , 4+1.LI. j Oil
nAim A Q& c CA
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
APPROVED MAR 14 2007
HARV Y L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: 4V,44.
Exhibit A Zoning Maps 124-16 and 124-28
B Zone Change Legal Description
C Mitigation/Conditions of Approval
D Preliminary Development Plan and Landscape Plan
E Building Elevations and Unit Model/Color/Material Summary Table
PH - S:1GPA 4th 2008\08-20221Resolutions\CC ZC Ordinance.doc %
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ORIGINAL
Exhibit A
Zoning Maps 12416 and 12428
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ORIGINAL
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ORIGINAL
Exhibit B
Zone Change Legal Description
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ORIGINAL
LEGAL DESCRIPTION FOR ZONING
(Planz Road Property)
Zoninc Chance from M-3 ( Heavy Industrial 1 to OS ( Open Space
Lot 3 and Lot 6 in Section 16, Township 30 South, Range 28 East, Mount Diablo Base
and Meridian, in the City of Bakersfield, County of Kern, State of California, as shown
upon that certain map of said Section entitled "Sales Map of the Lands of Kem County
Land Company" filed in the office of the Recorder of Kem County, State of California,
July 14, 1893.
Excepting the west 290.00 feet of Lot 3 and the west 290.00 feet of Lot 6 there from.
Zone Chance from M-1 ( Licht Manufacturina ) to OS ( Open Space
The west 290.00 feet of Lot 3 and the west 290.00 feet of Lot 6 in Section 16, Township
30 South, Range 28 East, Mount Diablo Base and Meridian, in the City of Bakersfield,
County of Kern, State of California, as shown upon that certain map of said Section
entitled "Sales Map of the Lands of Kem County Land Company" filed in the office of the
Recorder of Kern County, State of California, July 14, 1893.
Contains approximately 40.20 acres.
Also being Assessor's Parcel Number 172-020-15 and 172-020-16.
Also being the approximate south half of the northeast quarter of the northwest quarter
of Section 16, Township 30 South, Range 28 East, Mount Diablo Base & Meridian.
LAND~
Charts P. Dunham * e49t
Professional Land Surveyor exp. ~7
PLS 6492 Exp. 6-30-07
FOf C
R THOMPSON CONSULTING, INC.
CIVIL ENGINEERING / PLANNING / PROJECT MANAGEMENT
7600 MORRO ROAD. ATASCADERO. CA 93422
(905) 462-1375
ORIGINAL
LEGAL DESCRIPTION FOR ZONING
(East Berkshire Lane Property)
Zone Chanue from A ( Agriculture ) to PUD ( Planned Unit Development Zone
The northerly 667.6 feet of Parcel A of Parcel Map 1665 as recorded in Book 8, Page
138 of Parcel Maps, in the City of Bakersfield, County of Kern, State of California, as
shown upon that certain map filed in the office of the Recorder of Kern County, State of
California, January 14, 1974.
Excepting there from the westerly 30-feet, and the easterly 80-feet.
Contains approximately 40.00 acres. Also being Assessor's Parcel Number 518-02-
001. Also being the approximate north 667.20-feet of the southwest quarter of Section
28, Township 30 South, Range 28 East, Mount Diablo Base & Meridian.
Q LAND
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Charles P. Dunham a4sa2
Professional Land Surveyor * go 7
PLS 6492 Exp. 6-30-07 J,
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R THOMPSON CONSULTING, INC.
CIVIL ENGINEERING / PLANNING / PROJECT MANAGEMENT
7600 MORRO ROAD, ATASCADERO, CA 93422
(805) 462-1375
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ORIGINAL
Exhibit C
Mitigation/Conditions of Approval
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ORIGINAL
EXHIBIT C
Mitigation/Conditions of Approval
Zone Change No. 06-2022
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Resources:
1. If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation. Mitigation for
potentlally slgn/flcant cultural resource impacts.
2. If human remains are discovered during grading or construction activities, work would
cease pursuant to Section 7050.5 of the California Health and Safety Code. If human
remains are Identified on the site at any time, work shall stop at the location of the find
and the Kern County Coroner shall be notified immediately (Section 7050.5 of the
California Health and Safety Code and Section 5097.98 of the California Public
Resources Code which details the appropriate actions necessary for addressing the
remains) and the local Native American community shall be notified immediately.
Mitigation for potentially significant cultural resource Impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Development Services - Building Division (The following conditions do not apply to the 40-acre
portion of the ZC area located at the southwest comer of E. Planz Road and Washington
Street):
3. An approved grading plan is required prior to final plan approval. The developer shall
submit 4 copies of grading plans and 2 copies of the preliminary soils report to the
Building Division. A final soils report shall also be submitted to the Building Division
before they can Issue a building permit. Please note that grading plans must be
consistent with the final building site plans and landscaping plans. Building permits will
not be issued until the grading plan is approved by both the Building Division and Public
Works Department. For public health, safety and welfare.
4. The developer shall include fire resistive 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. For public health, safety and welfare.
5. Include with or show on the final building plans information necessary to verify that the
project complies with all disability requirements of Title 24 of the California Building
Code. For public health, safety and welfare.
4eAKe
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ORIGINAL
Exhibit C
ZC No. 06-2022
Mitigation/Conditions of Approval
6. The Building Division will calculate and collect the appropriate school district impact fee
at the time they issue a building permit. For orderly development.
Development Services - Plannina Division (The following conditions do not apply to the 40-
acre portion of the ZC area located at the southwest comer of E. Planz Road and Washington
Street):
7. The minimum parking required for this project has been computed based on use and
shall be as follows:
Number of Parking Required
SAS Dwelling Units Ratio Parkina
Single Family 365 D.U.'s 2/D.U. 730 spaces
Total Required 730 Spaces
(Note: 730 parking spaces (two-car garages) are shown on the proposed site plan.)
For orderly development.
8. All driveways shall be paved with concrete, asphaltic concrete (A. C.), or other paved
street surfacing material In accordance with the Bakersfield Municipal Code (Sections
15.76.020 and 17.58.050 N.). For orderly development.
9. Because access is being shared with adjacent properties, 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 access is legally shared in common
with adjoining properties as depicted on the site plan for the life of the project. For
orderly development.
10. The developer shall include a copy of a final landscape plan with each set of the final
building plans submitted to the Building Division. Building permits will not be Issued
until the Planning Division has approved the final landscape plan for consistency with
approved site plans and minimum ordinance standards (please refer to the attached
landscaping requirements in Chapter 17.61). For orderly development.
(NOTE: At the time a final site 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 and/or relocation of Installed plant
materials and delays In obtaining building occupancy.)
Page 2 of 9
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ORIGINAI.
Exhibit C
ZC No. 06-2022
Mitigation/Conditions of Approval
11. Habitat Conservation fees shall be required for this project and will be calculated based
on the fee in effect at the time we issue an urban development permit (includes grading
plan approvals) as defined in the Implementation/Management Agreement (Section
2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the
fee, the applicant will receive acknowledgment of compliance with Metropolitan
Bakersfield Habitat Conservation Plan (Implementation/Management Agreement
Section 3.1.4). This fee is currently $1,240 per gross acre, payable to the City of
Bakersfield (submit to the Planning Division). This fee must be paid before any grading
or other site disturbance occurs. For compliance with the requirements of the
Metropolitan Bakersfield Habitat Conservation Plan.
12. 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 $1,510 for each independent residential unit. For orderly development.
13. 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 011, Gas, and Geothermal Resources (DOGGR). The developer Is
responsible for any remedial operations on the well required by DOGGR. The
developer shall also be subject to provisions of BMC Section 15.66.080 (B.). For public
health, safety and welfare.
14. With submittal of any tentative tract map application within the ZC area, the subdivider
shall show the location of all known oil/gas wells and shall demonstrate that the
setbacks required pursuant to Bakersfield Municipal Code Sections 15.66.040 and
15.66.080 will be met. For public health, safety and welfare.
15. 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 carryout/track out; and cease
grading and earth moving during periods of high winds (20 mph or more). For public
health, safety and welfare.
16. Prior to receiving final building or site occupancy, you must contact the Planning
Division (staff contact noted above) for final inspection and approval of the landscaping,
Page 3 of 9
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ORIGINAL
Exhibit C
ZC No. 06-2022
Mitigation/Conditions of Approval
parking lot, lighting, and other related site improvements. Inspections will not be
conducted until all required items have been installed. Any deviations from the
approved plans without prior approval from the Planning Division may result in
reconstruction and delays in obtaining building or site occupancy. For orderly
development.
17. Prior to recordation of the first final map for the ZC area, a home owners association
(HOA) shall be formed for the ZC area. The HOA shall be responsible for the
maintenance of all landscaping required under P.U.D. 06-2022 within parkways, front
yards, and side yards which abut public streets, and the maintenance of all walls,
fences, driveways, and private roads within the ZC area. For orderly development.
Public Works (The following conditions do not apply to the 40-acre portion of the ZC area
located at the southwest comer of E. Planz Road and Washington Street):
18. Along with the submittal of any development plan, prior to approval of improvement
plans, or with the application for a lot line adjustment or parcel merger, the following
shall occur:
a. Provide fully executed dedication for Cottonwood Road to arterial standards and
Berkshire Road to collector standards for the full frontage of the area within the
ZC area and provide fully executed dedication for Washington Street to collector
standards in its entirety within the ZC area. 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. The final site plan shall be consistent
with the Circulation Element of the Metropolitan Bakersfield General Plan in
effect at the time of final site plan approval.
b. This ZC area is too small to support its own storm drainage sump. The City will
allow no more than one sump per 80 acres; therefore, this ZC area must be
included within the drainage area of adjoining property. The developer shall
participate in the development of a Planned Drainage Area and provide a
drainage study for the ZC area, showing its proportionate share of the necessary
ultimate storm drainage facilities.
C. Sewer service must be provided to the ZC area. The developer shall be
responsible for the initial extension of the sewer line to serve the property. This
Page 4 of 9
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ORIGINAL
Exhibit C
ZC No. 06-2022
Mitigation/Conditions of Approval
sewer line must necessarily be sized to serve a much larger area that the project
area. The City is willing to aid the developer in the formation of a Planned Sewer
Area and/or an Assessment District to provide a mechanism for the
reimbursement of oversizing costs to the developer.
d. In order to preserve the permeability of the sump and to prevent the Introduction
of sediments from construction or from storm events, all retention and detention
basins (sumps) shall have a mechanical device in the storm drain system to
remove or minimize the introduction of oil, grease, trash, and sediments to the
sump. This device shall be reviewed and approved by the City Engineer, and
shall provide the greatest benefit to the storm drain system with the least
maintenance cost.
For orderly development.
19. 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 Consolidated
Maintenance District with submittal of any development plan, tentative subdivision map,
Site Plan Review, or application for a lot line adjustment for any portion of this ZC area.
For orderly development.
20. Payment of median fees for the arterial frontage of the property within the ZC area is
required prior to recordation of any map or approval of any Improvement plan for the ZC
area. For orderly development.
21. The Cottonwood Road crossing of the Arvin Edison Canal need widening; the
Washington Street crossing of this canal must be constructed. Developer shall pay their
proportionate share of the cost and shall aid in the formation of a Major Bridge and
Thoroughfare District for the widening of the crossings. For orderly development.
22. Prior to the issuance of any building permit within the ZC area, the developer shall pay
the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City
of Bakersfield Public Works Department. For orderly development.
23. The developer shall install new connection(s) to the public sewer system. This
connection shall be shown on the final building plans submitted to the Building Division
before any building permits will be issued. For orderly development.
24. All on-site areas required to be paved (le. parking lots, access drives, loading areas,
etc.) shall consist of concrete, asphaltic concrete (Type B. A. C.) or other paved street
Page 5 of 9
0
ORIGINAL
Exhibit C
ZC No. 06-2022
Mitigation/Conditions of Approval
material approved by the City Engineer. Pavement shall be a minimum thickness of 2
Inches over 3 inches of approved base material (le. Class li A. B.). This paving
standard shall be noted on the final building plans submitted to the Building Division
before any building permits will be issued. For orderly development.
25. If a grading plan is required by the Building Division, building permits will not be issued
until the grading plan is approved by of the Public Works Department and Building
Division. For public health, safety and welfare.
26. Before any building or site can be occupied, the developer must reconstruct or repair
substandard off-site street improvements that front the site to adopted city standards as
directed by the City Engineer. Please call the Construction Superintendent at 661/326-
3049 to schedule a site inspection to find out what improvements may be required. For
orderly development.
27. A street permit from the Public Works Department shall be obtained before any work
can be done within the public right-of-way (streets, alleys, easements). Please include
a copy of this site plan review decision to the department at the time you apply for this
permit. For orderly development.
28. 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. For orderly
development.
29. 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. For orderly development.
30. The developer shall, along the entire frontage of the development within Cottonwood
Road, either construct a landscaped median island or pay $40 for each linear foot of the
project's street frontage to the city for construction of the median island (%-width). If
construction of the landscaped median is the option chosen, plans shall include all
proposed landscaping and shall be approved by both Public Works and the
Recreation/Parks Department. Building permits will not be issued until one of these
options is approved by the Public Works Department. For orderly development.
Page 6 of 9
AeAKF
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ORIGINAL
Exhibit C
ZC No. 06-2022
Mitigation/Conditions of Approval
31. The developer shall form a new or join an existing maintenance district for maintaining
the landscaped median island within Cottonwood Road along the entire frontage of the
development. For orderly development.
32. 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). For public
health, safety and welfare.
33. Show the typical parking stall dimensions on the final building plans (minimum stall size
is 9 feet x 18 feet). For orderly development
34. The aoolicant shall contact the Solid Waste Division before building permits can be
Issued or work begins on the property to establish the level and type of service
necessary for the collection of refuse and/or recycled materials. Collection locations
must provide enough containment area for the refuse that is generated without violating
required zoning or setback restrictions. Levels of service are based on how often
collection occurs as follows:
• Cart service Allow space to store 2 plastic roll out carts @ each dwelling unit
35. Residential properties with three (3) units or less will be serviced with automated carts.
Every dwelling unit must have 2 plastic carts. Screened storage locations must be
provided for carts when they are not out for collection (this storage pad shall be a
minimum of 3'x Wand shall be clearly shown on the final building plans). Service
collection will occur on private driveways.
Fire Department (The following conditions do not apply to the 40-acre portion of the ZC area
located at the southwest comer of E. Planz Road and Washington Street):
36. Show on the final building plans the following items:
a. All fire hydrants, both offsite (nearest to site) and on-site. Include flow data on all
hydrants to meet fire flow standards in accordance with the 2001 California Fire
Code. Fire hydrants shall be in good working condition and are subject to testing,
verification, and fees (new fire hydrants are $570 each). Fire flow requirements
and fire hydrant fees must be met prior to construction commencing on the project
site (no exceptions). Please provide 2 sets of the engineered water plans for all
new fire hydrants to Dave Weirather. For public health, safety and welfare.
Page 7 of 9
AK,&
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ORIGINALS
Exhibit C
ZC No. 06-2022
Mitigation/Conditions of Approval
37. The developer shall show on the final building plans minimum 24-foot wide all-weather
private driveways for emergency access with an overhead clearance of 13 feet 6 inches
adjacent to all single-family residential lots as shown on the site plan; this access shall
be constructed before building occupancy will be granted. Private streets, If constructed
within the ZC area, shall be a minimum of 36 feet in width; on-street parking will be
permitted. All driveways and private streets shall be maintained in a clear and passable
state at all times by the home owners association (HOA) formed for the ZC area;
vehicles parked in front of garages shall be prohibited from encroaching into the 24-foot
wide access way. Fire sprinkler systems satisfactory to the Fire Department shall be
installed in all habitable residential structures. For public health, safety and welfare.
38. All access (permanent and temporary) to and around any building under construction
must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent
standing water. Barricades must be in place where ditches and barriers exist in or cross
roadways. Emergency vehicle access must always be reliable. For public health,
safety and welfare.
39. A program for enforcement by the homeowner's association of illegal parking in the
access drives shall be provided to the satisfaction of the Fire Department and City
Attorney, which may include posting of signs and/or painting/staining curbs red to
prohibit illegal parking. This program must be recorded as a separate document or be
incorporated into the recorded CC&R's. For public health, safety and welfare.
City Attorney:
40. 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 ali
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.
Page 8of9
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ORIGINAL
Exhibit C
ZC No. 06-2022
Mitigation/Conditions of Approval
The City will promptly notify Applicant of any such claim, action or proceeding, falling
under this condition within thirty (30) days of actually receiving such claim. The City, in
its sole discretion, shall be allowed to choose the attorney or outside law firm to defend
the City at the sole cost and expense of the Applicant and the City is not obligated to
use any law firm or attorney chosen by another entity or party.
Page 9 of 9
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ORIGINAL
Exhibit D
Preliminary Development Plan and Landscape Plan
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Exhibit E
Building Elevations and Unit Model/Color/Material Summary Table
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ORIGINAL
COLOR AND MATERIAL BOARD (ROOF TEXTURES) FOR
HAL HEINEMANN RESIDENTIAL PROJECT
.TRACT MAP "36 BAKERSFIELD, CALIFORNIA
CONCRETE'S' TYPE ROOF TILES (HANSON 'HACIENDA' SERIES)
Crbon+ . _ Mewuita+ .
Sycamore+ Timbert
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CONCRETE FLAT ROOF TILE COLORS (OR SIMILAR)
ORIGINAL
COLOR AND MATERIAL BOARD (WALLS, TRIM) FOR
MEL HEINEMANN RESIDENTIAL PROJECT
TRACT MAP 6835 BAKERSFIELD, CALIFORNIA
ROOF SHINMES
HARDE BOARD SOMiG
ROOF FASCIA `
CEMENT PLASTER WOOD OR FOAM TRIM
422 GREAT WALL
EXAMPLE OF ONE STUCCO COLOR SELECTION WITH TRIM COLORS
418 EGYPTIAN SAND 403 BAKED POTATOE
18 COCONUT 133 MESA TAN 427 SPICED COGNAC
417 ARROW WOOD 425 SENSATIONAL SAND
STUCCO / CEMENT PLASTER COLORS (OMEGA PRODUCTS INC.)
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Tract 6835 Heinemann P.U.D. 119/07
LOT /UNIT MODEL/COLOR/MATERIAL SUMMARY
1 SIN) L STU SAND FLAT 3 41 A4 R STU SMOOTH S-TILE 3
2 C2 R STU/HBD SAND FLAT 3 42 BI(a) L STU SAND FLAT 3
3 CI(s) R STU SAND FLAT 3 43 01(a) R STU SAND FLAT 3
4 A3(b) L STU/ROCK SMOOTH S-TILE 3 44 C1(b) R STU SMOOTH S-TILE 3
5 A4 R STU SMOOTH S-TILE 3 45 Al(b) L STU SMOOTH STILE 3
94 C1(b) L STU SMOOTH STILE 3 48 A2 R STUMBD SAND FLAT 3
95 C2 L STU/HBD SAND FLAT 3 47 Cl(a) L STU SAND FLAT 3
9d C1(n) R STU SAND FLAT 3 48 C2 L STUMBD SAND FLAT 3
97 A3(b) L STU SMOOTH S-TILE 3 49 BI(a) R STU SAND FLAT 3
98 A2 R STU/HBD SAND FLAT 3 50 AS(a) L STU SAND FLAT 3
168 61(b) R STU/HBD/ROCK SMOOTH S-TILE 3 51 Al(b) R STU SMOOTH STILE 1
189 CI(s) L STU SAND FLAT 3 52 B1(b) L STU/HBD/ROCK SMOOTH STILE 1
190 C1(b) L STU SMOOTH S-TILE 3 53 C2 R STUMBD SAND FLAT 1
191 Al(b) R STU SMOOTH STILE 3 64 C1(b) R STU SMOOTH STILE 1
192 A2 L STUIHBO SAND FLAT 3 55 A3(a) L STU SMOOTH STILE 1
8 Al (a) L STU SAND FLAT 4 66 Al(a) R STU SAND FLAT 1
7 A2 R STUMBD SAND FLAT 4 67 C1(a) L STU SAND FLAT 1
a C2 L STU/HBD SAND FLAT 4 68 C1(b) L STU SMOOTH S-TILE 1
9 C1(a) L STU SAND FLAT 4 s9 91(a) R STUMBD SAND FLAT 1
10 81(b) R STU/HSD/ROCK SMOOTH S-TILE 4 60 A2 L STUMBD SAND FLAT 1
100 A4 L STU SMOOTH 8-TILE 4 81 A4 R STU SMOOTH STILE 3
101 Al (b) R STU SMOOTH STILE 4 62 BI(a) L STUMBD SAND FLAT 3
102 81(b) L STU/HBD/ROCK SMOOTH STILE 4 63 Cl(a) R STUMBD SAND FLAT 3
103 C2 R STU/HBD SAND FLAT 4 64 C2 R STU/HBO SAND FLAT 3
104 C1 b R STU SMOOTH STILE 4 65 Al (b) R STU SMOOTH S-TILE 3
11 Al(b) R STU SMOOTH STILE 1 68 A3(8) R STU SMOOTH S-TILE 3
12 B1(b) L STU/HBD/ROCK SMOOTH STILE 1 87 C1(b) L STU/HBD SAND FLAT 3
13 Cl(a) R STU SAND FLAT 1 66 C2 L STUMBD SAND FLAT 3
14 C1(b) R STU SMOOTH STILE 1 89 B1(b) R STUIHBD/ROCK SMOOTH STILE 3
15 A4 L STU SMOOTH S-TILE 1 70 A3(b) L STU SMOOTH STILE 3
16 A2 R STUMBD SAND FLAT 1 71 Al(a) R STU SAND FLAT 1
17 Cl(a) L STU SAND FLAT 1 72 BI(a) L STUMBD SAND FLAT 1
18 C2 L STU/HBD SAND FLAT 1 73 Cl(b) R STU SMOOTH S-TILE 1
19 81(b) R STU/HBD/ROCK SMOOTH STILE 1 74 Cl(a) R STU SAND FLAT 1
20 Al a) L STU SAND FLAT 1 75 A2 L STUMBD SAND FLAT 1
21 A4 R STU SMOOTH S-TILE 3 76 Al(b) R STU SMOOTH S-TILE 1
22 81(n) L STUMBD SAND FLAT 3 77 C2 L STUMBD SAND FLAT 1
23 C2 R STU/HBD SAND FLAT 3 78 C1(s) L STUMBD SAND FLAT 1
24 CUM) R STU SAND FLAT 3 79 61(a) R STUMBD SAND FLAT 1
25 A1(s) L STU SAND FLAT 3 so A4 L STU SMOOTH STILE 1
26 A3(b) R STU SMOOTH S=TILE 3 81 A3(a) R STU SAND FLAT 3
27 C2 L STUMBD SAND FLAT 3 62 81(b) L STU/HBDIROCK SMOOTH S-TILE 3
28 Cl(b) L STU SMOOTH STILE 3 83 C1(a) R STU SAND FLAT 3
29 BI(b) R STUMBD/ROCK SMOOTH S-TILE 3 84 C1(b) R STU SMOOTH STILE 3
30 A4 L STU SMOOTH S-TILE 3 86 A1(a) L STU SAND FLAT 3
31 A2 R STUMBD SAND FLAT 1 68 A3(a) R STU SAND FLAT 3
32 A1(a) L STU SAND FLAT 1 87 C2 L STU/HBD SAND FLAT 3
33 Cl(a) R STU SAND FLAT 1 88 Cl(b) L STU SMOOTH STILE 3
34 C1(b) R STU SMOOTH STILE 1 89 81(a) R STU/HBD SAND FLAT 3
36 Al (b) L STU SMOOTH STILE 1 90 A2 L STU/HBD SAND FLAT 3
36 A3(8) R STU SAND FLAT 1 91 A3(b) R STU SMOOTH S-TILE 2
37 C2 L STUMBD SAND FLAT 1 92 C2 R STUIHBO SAND FLAT 2
38 Cl(b) L STU SMOOTH S-TILE 1 93 Cl(b) R STU SMOOTH STILE 2
39 S1(s) R STUMBD SAND FLAT 1 155 Cl(a) L STU SAND FLAT 2
40 Al(a) L STU SAND FLAT 1 188 C2 L STU/HBD SAND FLAT 2
167 A3(a) L STU SAND FLAT 2
0
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ORIGINAL
TRACT 8835 (PAGE 2 OF 4) 1/W7
105 A2 L STUMBD SAND FLAT 2 158 Al(b) L STU SMOOTH S-TILE 4
106 81(a) R STU/HBD SAND FLAT 2 156 Bi(b) R STUIHBO/ROCK SMOOTH STILE 4
107 C2 L STU/HBO SAND FLAT 2 157 C1(b) L STU SMOOTH S-TILE 4
108 C1(a) L STU SAND FLAT 2 158 C1(a) L STU SAND FLAT 4
109 A3(b) R STU SMOOTH STILE 2 159 81(a) R STUfHBD SAND FLAT 4
110 A4 L STU SMOOTH STILE 2 160 A2 R STU/HBD SAND FLAT 4
111 C2 R STU/HBD SAND FLAT 2 161 C1(b) R STU SMOOTH STILE 4
112 CI(b) R STU SMOOTH STILE 2 162 C2 R STUMBD SAND FLAT 4
113 B1 (a) L STU/HBD SAND FLAT 2 163 81(b) L STU/HBO/ROCK SMOOTH STILE 4
114 A3(8) R STU SAND FLAT 2 164 A3 R STU SMOOTH STILE 4
115 Al(b) L STU SMOOTH STILE 4 165 A2 R STU/HBD SAND FLAT 2
116 81(b) R STU/HBD/ROCK SMOOTH STILE 4 168 B1(a) R STUMBD SAND FLAT 2
117 C1(b) L STU SMOOTH STILE 4 187 C2 L STU/HBD SAND FLAT 2
118 cl(a) L STU SAND FLAT 4 188 C1(b) L STU SMOOTH STILE 2
119 A3(a) R STU SAND FLAT 4 169 Al(a) R STU SAND FLAT 2
120 A2 L STUMBD SAND FLAT 4 170 A4 L STU SMOOTH STILE 2
121 Cl(b) R STU SMOOTH S-TILE 4 171 C2 R STU/HBD SAND FLAT 2
122 C2 R STU/HBD SAND FLAT 4 172 C1(a) R STU SAND FLAT 2
123 BI(b) L STUMBD/ROCK SMOOTH STILE 4 173 81(b) L STUMBD/ROCK SMOOTH STILE 2
124 A3(b) R STU SMOOTH STILE 4 174 a R STU SAND FLAT 2
125 A4 L STU SMOOTH S3-TILE 2 175 AIM L STU SMOOTH STILE 4
126 B1(b) R STUMBD/ROCK SMOOTH S-TILE 2 176 81(a) R STU/HBD SAND FLAT 4
127 C2 L STU/HBD SAND FLAT 2 177 C1(a) L STU SAND FLAT 4
128 CI(b) L STU SMOOTH S-TILE 2 178 C2 L STU/HBD SAND FLAT 4
129 A1(a) R STU SAND FLAT 2 179 A3(a) R STU SAND FLAT 4
130 A3(b) L STU SMOOTH S-TILE 2 180 A2 L STU/HBD SAND FLAT 4
131 C2 R STUMBD SAND FLAT 2 181 C1(a) R STU SAND FIAT 4
132 cl(a) R STU SAND FLAT 2 182 Cl(b) R STU SMOOTH STILE 4
133 81(a) L STUM8D SAND FLAT 2 163 B1(b) L STU/HBD/ROCK SMOOTH STILE 4
134 Ala R STU SAND FLAT 2 184 Alfb) R STU SMOOTH STILE 4
135 A3(b) L STU SMOOTH STILE 4 103 A2 L STUMBD SAND FLAT 1
138 B1(a) R STUMSD SAND FLAT 4 194 Al(b) R STU SMOOTH STILE 1
137 C7(a) L STU SAND FLAT 4 195 cl(a) L STU SAND FLAT 1
138 C2 L STU/HBD SAND FLAT 4 108 C1(b) L STU SMOOTH S-TILE 1
139 A4 R STU SMOOTH STILE 4 197 81(a) R STUM80, SAND FLAT 1
140 A2 L STUMBD SAND FLAT 4 281 A4 L STU SMOOTH STILE 1
141 C1(b) R STU SMOOTH STILE 4 282 A3(0) L STU SAND FLAT 1
142 C2 R STUMBD SAND FLAT 4 263 C1(b) R STU SMOOTH S-TILE 1
143 81(b) L STU/HBD/ROCK SMOOTH S-TILE 4 284 C2 R STUUHBD SAND FLAT 1
144 Al R STU SMOOTH STILE 4 285 BI(b) L STUMBD/ROCK SMOOTH STILE 1
145 A3(a) L STU SAND FLAT 2 198 A4 R STU SMOOTH STILE 3
148 81(a) R STU/HBO SAND FLAT 2 109 B1(b) L STUMBD/ROCK SMOOTH STILE 3
147 cl(a) L STU SAND FLAT 2 200 C1(b) R STU SMOOTH STILE 3
148 C2 L STUMBD SAND FLAT 2 201 Cl(a) R STU SAND FLAT 3
149 A3(b) R STU SMOOTH STILE 2 202 Al (a) L STU SAND FLAT 3
150 A2 L STU/HBD SAND FLAT 2 203 A3(b) R STU SMOOTH S-TILE 3
151 cl(a) R STU SAND FLAT 2 204 C1(b) L STU SMOOTH S-TILE 3
152 C7(b) R STU SMOOTH STILE 2 205 C2 L STU/HBD SAND FLAT 3
153 81(b) L STU/HBD/ROCK SMOOTH S-TILE 2 208 81(a) R STU/HBO SAND FLAT 3
154 A3 a) R STU SAND FLAT 2 207 A2 L STU/HBD SAND FLAT 3
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ORIGINAL
l .
TRACT 6835 (PAGE 3 OF 4) 1/9/07
208 A3(2) R STU SAND FLAT 1 258 A3(b) R STU SMOOTH STILE 3
208 81(s) L STUMBD SAND FLAT 1 259 Bl(b) L STUMBD/ROCK SMOOTH STILE 3
210 cl(a) R STU SAND FLAT 1 260 C1(b) R STU SMOOTH S-TILE 3
211 C2 R STUIHBD SAND FLAT 1 261 C2 R STUMBD SAND FLAT 3
212 Al(b) L STU SMOOTH STILE 1 262 A3(a) L STU SAND FLAT 3
213 A4 R STU SMOOTH S-TILE 1 263 A2 R STUIHBD SAND FLAT 3
214 C1(a) L STU SAND FLAT 1 284 C1(a) L STU SAND FLAT 3
215 Cl(b) L STU SMOOTH S-TILE 1 265 C2 L STUMBD SAND FLAT 3
216 61(a) R STU/HBD SAND FLAT 1 286 81(b) R STUMBO/ROCK SMOOTH STILE 3
217 A2 L STUMBD SAND FLAT 1 257 Al R STU SMOOTH STILE 3
218 A3(b) R STU SMOOTH S-TILE 3 288 A4 R STU SMOOTH S-TILE 1
219 B1(b) L STU/HBD/ROCK SMOOTH STILE 3 264 81(b) L STU/HBD/ROCK SMOOTH S-TILE 1
220 C1(a) R STU SAND FLAT 3 270 C1(a) R STU SAND FLAT 1
221 cl(b) R STU SMOOTH &TILE 3 271 C1(b) R STU SMOOTH S-TILE 1
222 A3(a) L STU SAND FLAT 3 272 All (a) L STU SAND FLAT 1
223 Al(a) R STU SAND FLAT 3 273 A3(b) R STU SAND FLAT 1
224 C1(a) L STU SAND FLAT 3 274 cl(a) L STU SAND FLAT 1
225 C2 L STUMBD SAND FLAT 3 275 C2 L STU/HBO SAND FLAT 1
226 81(b) R STU/HBD/ROCK SMOOTH S-TILE 3 276 C1(b) L STU SMOOTH STILE 2
227 A3(b) L STU SMOOTH &TILE 3 277 cl(a) R STU SAND FLAT 2
226 Al(a) R STU SAND FLAT 1 278 81(a) L STUMBD SAND FLAT 2
229 81(a) L STUMBD SAND FLAT 1 279 A4 R STU SMOOTH S-TILE 2
230 C2 R STU/HBO SAND FLAT 1 280 A2 R STU/HBD SAND FLAT 2
231 C1(a) R STU SAND FLAT 1 364 A3(b) L STU SAND FLAT 2
232 A2 L STU/HBD SAND FLAT 1 365 B1(b) R STUMBD/ROCK SMOOTH S-TILE 2
233 A3(b) R STU SMOOTH S-TILE 1 368 C2 L STU/HBD SAND FLAT 2
234 C2 L STU/HBD SAND FLAT 1 298 A2 L STUMBD SAND FLAT 4
235 C1(b) L STU SMOOTH S-TILE 1 287 B1 (s) R STUMBD SAND FLAT 4
236 81(a) R STU/HBD SAND FLAT 1 288 C1 (a) L STU SAND FLAT 4
237 A4 L STU SMOOTH STILE 1 289 C1(b) L STU SMOOTH S-TILE 4
236 A1(a) R STU SAND FLAT 9 290 A3(b) R STU SAND FLAT 4
239 81(a) L STUIHBD SAND FLAT 3 291 A4 L STU SMOOTH S-TILE 4
240 C2 R STU/HBD SAND FLAT 3 292 Ci(a) R STU SAND FLAT 4
241 C1(b) R STU SMOOTH S-TILE 3 293 C2 R STUMBD SAND FLAT 4
242 A1(a) L STU SAND FLAT 3 294 81(b) L STUMBD/ROCK SMOOTH STILE 4
243 A3(b) R STU SMOOTH S-TILE 3 295 Ala R STU SAND FLAT 4
244 Cl(a) L STU SAND FLAT 3 298 A3(b) L STU SAND FLAT 2
245 C1(b) L STU SMOOTH S-TILE 3 297 81(b) R STUIHB&ROCK SMOOTH S-TILE 2
246 SIM) R STU/HBDIROCK SMOOTH S-TILE 3 298 C2 L STU/HBD SAND FLAT 2
247 A2 L STUMBD SAND FLAT 3 299 C1(a) L STU SAND FLAT 2
248 A4 R STU SMOOTH &TILE 1 300 A1(a) R STU SAND FLAT 2
249 81(a) L STUIHBD SAND FLAT 1 301 A3(a) L STU SAND FLAT 2
250 C1(b) R STU SMOOTH STILE 1 302 C2 R STU/HBD SAND FLAT 2
251 C1(a) R STU SAND FIAT 1 303 Cl (b) R STU SMOOTH S-TILE 2
252 A3(b) L STU SMOOTH S-TILE 1 304 81(a) L STU/HBD SAND FLAT 2
253 A1(a) R STU SAND FLAT 1 305 A2 R STUIHBD SAND FLAT 2
254 C2 L STU/HBD SAND FLAT 1
256 C1(a) L STU SAND FLAT 1
256 81(a) R STU/HBD SAND FLAT 1
257 Al a) L STU SAND FLAT 1
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TRACT 6835 (PAGE 4 OF 4) 1/9/07
308 A1(b) L STU SMOOTH STILE 4 366 A4 L STU SMOOTH STILE 2
307 SIM) R STU/HBD/ROCK SMOOTH STILE 4 367 81(a) R STU/HBD SAND FLAT 2
308 C2 L STU/HBO SAND FLAT 4 368 C2 L STUIHBO SAND FLAT 2
309 C1(b) L STU SMOOTH STILE 4 359 C1(a) L STU SAND FLAT 2
310 A4 R STU SMOOTH STILE 4 360 C2 R STUJHBD SAND FLAT 2
311 Al(s) L STU SAND FLAT 4 361 C11(b) R STU SMOOTH S-TILE 2
312 C1(a) R STU SAND FLAT 4
313 Cl(b) R STU SMOOTH STILE 4 STU Stucco
314 61(b) L STU/HBD/ROCK SMOOTH STILE 4 HBO Hardleboard
315 A3 b) R STU SMOOTH STILE 4
316 A3(a) L STU SAND FLAT 2 Nobs:
317 81(a) R STUMBD SAND FLAT 2 Color +8 represents a consistent group of the approved
318 C1(s) L STU SAND FLAT 2 colors, within the group of five units, no two shall have
319 Cl(b) L STU SMOOTH STILE 2 same base color.
320 A1(b) R STU SMOOTH STILE 2 81(s) and B11(b) units shall aMnys be lighter base colors.
321 A2 L STU/HBO SAND FLAT 2 All We cobra to be stark & complementary to base
322 C1(a) R STU SAND FLAT 2 All siding shall be complementary to be" color for contrast
323 C2 R STUMBD SAND FLAT 2 AN trim sha8 be lighter than beta color.
324 B1(b) L STU/HSD/ROCK SMOOTH STILE 2
325 A3(b) R STU SMOOTH STILE 2 Type Total Type Total
328 A4 L STU SMOOTH STILE 4 Al(s) 22 BI(a) 35
327 81(b) R STU/HBD/ROCK SMOOTH S-TILE 4 All (b) 22 81(b) 35
328 CI(a) L STU SAND FLAT 4 A2 28 C1(a) 51
329 C2 L STU/HBD SAND FLAT 4 A3(4) 23 C1 (b) 48
330 Al (b) R STU SMOOTH STILE 4 A3(b) 24 C2 51
331 A3(a) L STU SAND FLAT 4 A4 24
332 C1(b) R STU SMOOTH S-TILE 4
333 C2 R STUMBD SAND FLAT 4
334 81(a) L STU/HBD SAND FLAT 4
335 A2 R STUMBD SAND FLAT 4
336 Al(a) L STU SMOOTH S-TILE 2
337 Bile) R STU/HBD SAND FLAT 2
338 C1(b) L STU SMOOTH STILE 2
339 C1(a) L STU SAND FLAT 2
340 A4 R STU SMOOTH STILE 2
341 A3(s) L STU SAND FLAT 2
342 C1(b) R STU SMOOTH S-TILE 2
343 C2 R STUMBD SAND FLAT 2
344 B1(b) L STU/HBD/ROCK SMOOTH STILE 2
345 Alb R_ STU SMOOTH STILE 2
348 A3(a) L STU SAND FLAT 4
347 B1(s) R STUIHBO SAND FLAT 4
348 C1(b) L STU SMOOTH STILE 4
349 C1(a) L STU SAND FLAT 4
350 A2 R STUMBD SAND FLAT 4
351 Al(b) L STU SMOOTH S-TILE 4
352 C2 R STU/HBD SAND FLAT 4
363 C1(a) R STU SAND FLAT 4
364 Bi(b) L STU/HBD/ROCK SMOOTH STILE 4
355 A3(a) R STU SAND FLAT 4
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly swom, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 15th day of arch , 2007 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following. Ordinance No. 441 , passed
by the Bakersfield City Council at a meeting held on the 14th day of March. 2007 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONING MAPS 124-16) OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM M-1 LIMITED MANUFACTURING)
AND M-3 (HEAVY INDUSTRIAL) TO OS (OPEN SPACE) ON
APPROXIMATELY 40 ACRES GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF E. PLANZ ROAD AND WASHINGTON
STREET (FUTURE), AND FROM A (AGRICULTURAL) TO P.U.D.
(PLANNED UNIT DEVELOPMENT ON APPROXIMATELY 40 ACRES
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
COTTONWOOD ROAD AND E. BERKSHIRE ROAD (FUTURE) (ZC NO.
06-2022)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPUTY City Clerk
S ADOCUM ENT\FOR MSIAOP.ORD.wpd
3/15/2007
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ORIGINAL
EXHIBIT B
GENERAL PLAN AMENDMENT 06-2022
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LIAR LMR
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JORIGINAL
EXHIBIT C
ZONE CHANGE 06-2022
R-2
R-2 R-2
f
t A
R-S
M-2
R-2
R-2 C-2
19
- p C R 2 M H
17 6
Co) IOS
- - - TO OS TO M-3
C-2 0' C-2 R-2-MH = M-1
0
U - -
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- - OS
R 2 MHI -
R-2-MH
II
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R-S-2.5A R-2
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M-3 T30S, R2,1
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ORIGINAL
EXHIBIT D
LEGAL DESCRIPTION FOR ZONING
Zoning Change from OS (Open Space ) to M-3 ( Heavy Industrial):
Lot 3 in Section 16, Township 30 South, Range 28 East, Mount Diablo Base
and Meridian, in the City of Bakersfield, County of Kern, State of California,
as shown upon that certain map of said Section entitled "Sales Map of the
Lands of Kern County Land Company" filed in the office of the Recorder
of Kern County, State of California, July 14, 1893.
Excepting the west 290.00 feet of Lot 3 therefrom.
Zone Change from OS (Open Space) to M-1 (Light Manufacturing):
The west 290.00 feet of Lot 3 in Section 16, Township 30 South, Range 28
East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of
Kern, State of California, as shown upon that certain map of said Section
entitled "Sales Map of the Lands of Kern County Land Company" filed in
the office of the Recorder of Kern County, State of California, July 14,
1893.
Contains approximately 20.10 acres.
Also being identified as Assessor's Parcel Number 172-020-16.
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GRIGINAI