PLANNING COMMISSION AGENDA MEETING of JANUARY 17, 2019 Council Chambers, City Hall South, 1501 Truxtun Avenue Regular Meeting 5:30 P.M

PLANNING COMMISSION AGENDA MEETING OF JANUARY 17, 2019 Council Chambers, City Hall South, 1501 Truxtun Avenue Regular Meeting 5:30 P.M.

www.bakersfieldcity.us

1. ROLL CALL DANIEL CATER, CHAIR LARRY KOMAN, VICE-CHAIR BOB BELL BARBARA LOMAS OSCAR L. RUDNICK PATRICK WADE 2. PLEDGE OF ALLEGIANCE 3. PUBLIC STATEMENTS 4. CONSENT CALENDAR NON-PUBLIC HEARING a. Approval of minutes for the Regular Planning Commission meeting of January 3, 2019

5. CONSENT CALENDAR PUBLIC HEARINGS Ward 5 a. Extension of Time Vesting Tentative Tract Map 6859 (Phased): Darin C. Nelson requests an extension of time for a vesting tentative tract map to create 340 lots on 81.03 acres for purposes of single family development, zoned R-1, located at the southwest corner of future McKee Road and Gosford Road. Notice of Exemption on file.

Staff recommends approval.

Ward 3 b. Extension of Time Vesting Tentative Tract Map 7141 (Phased): Victor Baldivia requests an extension of time for a vesting tentative tract map consisting of 140 lots, on 49.68 acres, and a designated remainder of 29.51 acres, totaling 79.19 acres, for purposes of single family development, zoned R-1, located at the northeast corner of Morning Drive and State Highway 178. Notice of Exemption on file.

Staff recommends approval.

Ward 1 c. Vesting Tentative Parcel Map 12190: McIntosh and Associates representing Gateway Homes, Inc. (property owner), is proposing to subdivide 30.17 acres into 2 parcels for future single and multiple family residential development in an R-1 and R-2 zone located at the northeast corner of East Panama Lane and Sparks Street. Notice of Exemption on file.

Staff recommends approval.

Ward 3 d. Planned Development Review PUD 18-0065: K. Hovnanian Homes is requesting a revised Planned Development Review to allow additional floorplans and elevations on 4,000-square foot size minimum lot size within the boundaries of Tract Map 6498 and Vesting Tentative Tract Map 7337 in a PUD zone district at the southeast corner of Panorama Drive and City Hills Drive. Notice of Exemption on file.

Staff recommends approval.

6. PUBLIC HEARINGS 7. COMMUNICATIONS 8. COMMISSION COMMENTS 9. ADJOURNMENT

Kevin F. Coyle, AICP CEP Planning Director COVER SHEET PLANNING DEPARTMENT STAFF REPORT

MEETING DATE: January 17, 2019 ITEM NUMBER: 4.(a.)

TO: FROM: PLANNER: DATE: WARD: SUBJECT: Approval of minutes for the Regular Planning Commission meeting of January 3, 2019 APPLICANT: OWNER: LOCATION:

STAFF RECOMMENDATION:

ATTACHMENTS: Description Type Minutes of January 3, 2019 Cover Memo PLANNING COMMISSION MINUTES

Meeting of January 3, 2019 - 5:30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue

ACTION TAKEN

1. ROLL CALL

Present: Chair Cater, Vice-Chair Koman, Lomas, Rudnick, Wade

Absent: None

Staff Present: Richard Iger, Deputy City Attorney; Kevin F. Coyle, DS Planning Director; Daniel Padilla, Public Works Civil Engineer VI; Jennie Eng, DS Principal Planner; Dana Cornelius, Secretary.

2. PLEDGE OF ALLEGIANCE

3. PUBLIC STATEMENTS

None

4. CONSENT CALENDAR NON-PUBLIC HEARING

a. Approval of minutes for the Regular Planning Commission meeting of December 6, 2018.

Motion by Commissioner Wade, seconded by Commissioner Koman, APPROVED to approve Consent Calendar Non-Public Hearing Items 4.a.

5. CONSENT CALENDAR PUBLIC HEARINGS

a. Extension of Time for Vesting Tentative Parcel Map 11992 RES NO 01-19 (Phased): Porter & Associates, Inc., representing Warren Family Trust and WGW III, LLC, requests an extension of time for Tentative Parcel Map 11992 consisting of 5 parcels on 6.6 acres, zoned C-2 for commercial development, located on the southwest corner of Wilson Road and South H Street. Notice of Exemption on file.

ACTION TAKEN b. Extension of Time for Vesting Tentative Parcel Map 12173 RES NO 02-19 (Phased): McIntosh & Associates requests an extension of time for Vesting Tentative Parcel Map 12173 consisting of 8 parcels on 11.05 acres in a C-2/PCD zone, located at the northeast corner of Panama Lane and Ashe Road. Notice of Exemption on file. c. Extension of Time for Vesting Tentative Tract Map 6369 (Phased): RES NO 03-19 Summit Capital Ventures, Inc., requests an extension of time for Vesting Tentative Tract 6369 consisting of 166 lots on 57.15 acres, CATER zoned R-1 for single family residential development, located at RECUSED ON southwest corner of Hughes Lane and McKee Road. Notice of ITEM 5.c Exemption on file. d. Extension of Time for Vesting Tentative Tract Map 6567 (Phased): RES NO 04-19 McIntosh & Associates is requesting an extension of time for Vesting Tentative Tract 6567 consisting of 298 lots on 105.44 acres, zoned R-1 for single family residential development, located on the northwest corner of Morning Drive and College Avenue. Notice of Exemption on file. e. Extension of Time for Vesting Tentative Tract Map 6568 (Phased): RES NO 05-19 McIntosh & Associates requests an extension of time for Vesting Tentative Tract 6568 consisting of 95 lots on 70.43 acres, zoned R- 1 for single family residential development, located about 0.32 miles west of the intersection of Morning Drive and College Avenue. Notice of Exemption on file. f. Extension of Time for Vesting Tentative Tract Map 6577 (Phased): RES NO 06-19 McIntosh & Associates requests an extension of time for Vesting Tentative Tract 6577 consisting of 265 lots on 81.65 acres zoned R- 1 for single family development, located at northeast corner of Buena Vista Road and McCutchen Road. Notice of Exemption on file. g. Extension of Time for Vesting Tentative Tract Map 6824 (Phased): RES NO 07-19 McIntosh & Associates requests and extension of time for Vesting Tentative Tract 6824 consisting of 159 lots on 39.87 acres, zoned R-1 for single family residential development, located at the southwest corner of Panama Lane and Old River Road. Notice of Exemption on file. h. Extension of Time for Vesting Tentative Tract Map 6850 (Phased): RES NO 08-19 Future Value Construction, Inc., requests an extension of time for Vesting Tentative Tract Map 6850 consisting of 196 lots, on 53.13 acres, zoned R-1 for single family residential development, located near the northwest corner of Alfred Harrell Highway and Lake Ming Road. Notice of Exemption on file.

ACTION TAKEN

i. Extension of Time for Vesting Tentative Tract Map 6876 (Phased): RES NO 09-19 Lansing Companies request an extension of time for Vesting Tentative Tract 6876 consisting of 371 lots on 130.1 acres for single family development and a designated remainder of 18.5 acres, zoned R-1, located at the northwest corner of Morning Drive and Paladino Drive. Notice of Exemption on file.

j. Vesting Tentative Parcel Map 12212: LAV//Pinnacle Engineering, RES NO 10-19 representing Bakersfield 119 LLC., is proposing to subdivide 15 acres into 6 parcels for future industrial development in a M-1 and M-2 zones, located along the south side of Taft Highway and generally east of Hughes Lane. Proposed Negative Declaration on file. k. Vesting Tentative Tract Map 7335 (Phased): McIntosh & CONTINUED TO Associates, Inc., representing Encanto Gardens, LLC, is proposing FEBRUARY 21, to subdivide 40.73 gross acres into 117 single family residential 2019 lots, 1 landscape lot, 1 sump lot, 1 drill site lot, and 1 park site lot, located south of Pensinger Road and east of South Allen Road. Negative Declaration on file. Hearing opened and continued from January 3, 2019 to February 21, 2019 l. Zone Change 18-0270: Paul Dhanens Architect, representing The RES NO 11-19 Bridge Bible Church of Mennonite Brethren, property owner, is proposing a Zone Change on 27 acres, located along the south REMOVED side of Stockdale Highway, approximately ¼ mile east of South FROM Allen Road from R-1 (One-Family Dwelling) to R-1-CH (One-Family CONSENT Dwelling – Church Overlay) zone district. Proposed Mitigated Negative Declaration on file. m. Zone Change 18-0386: KSA Group Architects, representing ABS REMOVED Surplus-O, LLC, property owner, is requesting a Zone Change on FROM 10.59 acres, located on the southwest corner of Stockdale CONSENT Highway and Buena Vista Road, from a PCD (Planned Commercial Development) zone to a C-2/PCD (Regional Commercial/Planned Commercial Development Combing) zone or more restrictive districts. A Negative Declaration on file. n. Planned Development Review No. 18-0385: KSA Group REMOVED Architects, representing ABS Surplus-O, LLC, property owner, is FROM requesting a Planned Development Review for a mixed-use CONSENT shopping center in a C-2/PCD (Regional Commercial/Planned Commercial Development Zone) district, located on the southwest corner of Stockdale Highway and Buena Vista Road. Notice of Exemption on file.

ACTION TAKEN

Motion by Commissioner Wade, seconded by Commissioner Bell to APPROVED approve Agenda Items 5.a. thru 5.j. with all memoranda and conditions recommended by staff, except Commissioner Cater recused himself on Agenda Item 5.c., and Agenda Item 5.k. was continued to February 21, 2019.

Agenda Items 5.l., 5.m., and 5.n., were removed from the Consent Calendar Public Hearing for separate hearings.

6. PUBLIC HEARINGS

5.l. Zone Change 18-0270: Paul Dhanens Architect, representing The Bridge Bible Church of Mennonite Brethren, property owner, is proposing a Zone Change on 27 acres, located along the south side of Stockdale Highway, approximately ¼ mile east of South Allen Road from R-1 (One-Family Dwelling) to R-1-CH (One-Family Dwelling – Church Overlay) zone district. Proposed Mitigated Negative Declaration on file.

Staff report given. Public hearing open. One person in favor. No one spoke in opposition. Public hearing closed. Commission deliberated.

Motion by Commissioner Koman, seconded by Commissioner APPROVED Rudnick, to approve Item 5.d. incorporating staff memorandum and recommendations.

5.m. Zone Change 18-0386: KSA Group Architects, representing ABS Surplus-O, LLC, property owner, is requesting a Zone Change on 10.59 acres, located on the southwest corner of Stockdale Highway and Buena Vista Road, from a PCD (Planned Commercial Development) zone to a C-2/PCD (Regional Commercial/Planned Commercial Development Combing) zone or more restrictive districts. A Negative Declaration on file.

5.n. Planned Development Review No. 18-0385: KSA Group Architects, representing ABS Surplus-O, LLC, property owner, is requesting a Planned Development Review for a mixed-use shopping center in a C-2/PCD (Regional Commercial/Planned Commercial Development Zone) district, located on the southwest corner of Stockdale Highway and Buena Vista Road. Notice of Exemption on file.

ACTION TAKEN

Staff reports given for both 5.m and 5.n. Public hearing open. Four people spoke in favor and three people spoke in opposition. Both sides were given a five-minute rebuttal period. Public hearing closed. Commission deliberated.

Motion by Commissioner Koman, seconded Commissioner Rudnick, ITEMS 5.m AND that Items 5.m. and 5.n. be referred back to staff and re-noticed for a 5.n REFERRED future hearing date. BACK TO STAFF

7. COMMUNICATIONS

Planning Director Kevin Coyle thanked the Commission and stated that there would be a Planning Commission meeting on January 17, 2019.

8. COMMISSION COMMENTS

None

9. ADJOURNMENT

There being no further business, Chair Cater adjourned the meeting at 6:40 p.m.

Dana Cornelius Recording Secretary

Kevin F. Coyle, AICP CEP Planning Director

S:\1Planning Commission\PC\Minutes\2019\1.3 draft

COVER SHEET PLANNING DEPARTMENT STAFF REPORT

MEETING DATE: January 17, 2019 ITEM NUMBER: Consent Calendar Public Hearings5.(a.)

TO: Planning Commission FROM: Kevin F. Coyle, AICP CEP, Planning Director PLANNER: Tony Jaquez DATE: WARD: Ward 5 SUBJECT: Extension of Time Vesting Tentative Tract Map 6859 (Phased): Darin C. Nelson requests an extension of time for a vesting tentative tract map to create 340 lots on 81.03 acres for purposes of single family development, zoned R-1, located at the southwest corner of future McKee Road and Gosford Road. Notice of Exemption on file.

APPLICANT: Darin C. Nelson OWNER: Robert D. Nelson & Darin C. Nelson 1997 Revocable Trust LOCATION: Located at the southwest corner of future McKee Road and Gosford Road in southwest Bakersfield.

STAFF RECOMMENDATION: Staff recommends approval.

ATTACHMENTS: Description Type Staff Report Staff Report Resolution Resolution Exhibits Exhibit 5.a. Extension of Time – Vesting Tentative Tract Map 6859

PROJECT DESCRIPTION

This project is a request for an extension of time for a vesting tentative tract map to create 346 lots, including 340 buildable lots, 5 landscape lots and 1 sump lot on 81.03 acres for purposes of single family development, zoned R-1 (One Family Dwelling), located at the southwest corner of Gosford and future McKee Road.

Figure 2: SITE VISIT PHOTO View from the Gosford Road looking east.

PROJECT ANALYSIS:

Background and Timeline:

August 17, 2006. Original approval of Vesting Tentative Tract Map 6859 by your Commission to create 340 buildable lots on an 81.03 acres subdivision area zoned R-1 (One-Family Dwelling). A Mitigated Negative Declaration for the project was adopted for related GPA/ZC 05-0938 on March 8, 2006 by the City Council. Traffic, biological, and cultural resource mitigation requirements are included.

December 28, 2006. The subject property was annexed in to the City of Bakersfield as Gosford 1, Annexation No. 527.

August 22, 2008. The Planning Director approved a substantial conformance request to allow the relocation of a utility easement from along the project’s west boundary to the center of the subdivision, within Dresden Dolls Drive in Unit 2. The location of the easement, the lots, and street pattern was revised to accommodate the relocation of said easement.

2008, 2010, 2011, 2013 and 2015: Automatic extensions of time as approved by State legislation (further detail provided below under “Analysis”).

Analysis:

The applicant is requesting a three-year extension of time to allow for additional time to record this map. No phase of this map has recorded. The applicant requested the extension of time in

Prepared by TJaquez S:\TRACTS\6859 EOT\2PC Prep\6859 EOT_Staff Report.docx PAGE 2 of 4

Extension of Time – Vesting Tentative Tract Map 6859 writing prior to the December 27, 2018 expiration date and the applicant has requested additional time for the purpose of future development opportunities.

In response to the Economic Downturn and the Recession, the California State Legislature approved a series of automatic extensions to certain approved tentative subdivision maps. As a result of these state extensions, Vesting Tentative Tract Map 6859 was previously provided one additional year of approval per SB 1185 (2008), two additional years under AB 333 (2009), two additional years under AB 208 (2011), two additional years under AB 116 (2013) and two additional years under AB 1303 (2015). The cumulative result of the automatic extensions of time approved by the State is that this tentative map expires on December 27, 2018. The Subdivision Map Act allows an additional 60 days beyond the expiration date to provide local jurisdictions time to consider the extension of time request.

The Subdivision Map Act and the Bakersfield Municipal Code allow for separate extensions to be approved by your Commission with an aggregate of up to six years. Typically, City policy has been to approve extensions of time in 2, three-year intervals. This current request represents the first request for Vesting Tentative Tract Map 6859. Staff recommends approval of a three-year extension of time to expire on December 27, 2021, with no changes to previously approved conditions of approval. The original subdivision application was deemed complete on May 26, 2006.

Except as may otherwise be described in this staff report, the proposed project is subject to the original conditions of approval, complies with the ordinances and policies of the City of Bakersfield.

Surrounding Uses:

The site is surrounded primarily by fallow land to the north, west, and south, and vacant land to the east.

Figure 3. Aerial Photo

Prepared by TJaquez S:\TRACTS\6859 EOT\2PC Prep\6859 EOT_Staff Report.docx PAGE 3 of 4

Extension of Time – Vesting Tentative Tract Map 6859

The project site is depicted as Low Density Residential on the Land Use Element of the Metropolitan Bakersfield General Plan. The site is vacant land and is surrounded by:

Table A. Surrounding Land Use Designations and Zoning Districts LAND USE ZONING EXISTING DIRECTION DESIGNATION DISTRICT LAND USE NORTH R-IA, LI, and LR A, M-1, and R-1 Fallow land SOUTH LR R-1 Fallow land EAST P and OS-P A and RE Vacant land WEST County R-IA County A Fallow land Land Use Designations: Zoning Designations R-IA: Resource - Intensive Agriculture LI: Light Industrial A: Agriculture M-1: Light Manufacturing LR: < 7.26 du/na P: Public Facilities OS-P: Parks and Recreation R-1: One Family Dwelling RE: Recreation

Circulation:

The closest Golden Empire Transit (GET) bus is at Hosking Road and Stine Road (Route 62), and is accessible to the tract approximately 2 miles northeast of VTTM 6859.

The City's Bikeway Master Plan identifies Gosford Road as a Class 2 facility (bike lanes), along the east boundary of the subdivision and Taft Highway as a future Bikeway facility, approximately ¼ mile to the south of Vesting Tentative Tract Map 6859. Bike lanes are currently in place both north and south of Gosford Lane.

ENVIRONMENTAL REVIEW AND DETERMINATION:

Based upon an initial environmental assessment, pursuant to the California Environmental Quality Act (CEQA) an initial study was prepared for the original project of the subject property for related GPA/ZC 05-0938 and a Mitigated Negative Declaration was adopted on March 8, 2006 by the City Council. In accordance with Section 15061(b)(3), General Rule, this project is exempt from the requirements of CEQA because it will not affect the environment.

Noticing:

Notice of public hearing before the Planning Commission of the City of Bakersfield for the project was advertised in the newspaper and posted on the bulletin board of the Bakersfield City Planning Department. All property owners within 300 feet of the project site were notified about the hearing at least 10 days prior to the public hearing in accordance with State law.

CONCLUSION:

The applicant provided the application for the Extension of Time for Vesting Tentative Tract Map 6859 in a timely manner, and has requested a three-year extension for future development opportunities regarding single-family residential development. The three-year extension is reasonable and is in compliance with the extensions permitted by BMC 16.16.080. Therefore, the request is recommended for approval by the Planning Director.

Exhibits: (attached): Exhibit A: Resolution A-1 Location Map with Zoning A-2 Vesting Tentative Tract Map 6859 Exhibit B: Notice of Exemption

Prepared by TJaquez S:\TRACTS\6859 EOT\2PC Prep\6859 EOT_Staff Report.docx PAGE 4 of 4

EXHIBIT A

RESOLUTION NO. _____ DRAFT RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE AN EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 6859 LOCATED AT THE SOUTHWEST CORNER OF FUTURE MCKEE ROAD AND GOSFORD ROAD IN SOUTHWEST BAKERSFIELD.

WHEREAS, Darin Nelson, applicant, representing Robert D. Nelson & Darin C. Nelson 1997 Revocable Trust, filed an application with the City of Bakersfield Planning Department requesting an extension of time for Vesting Tentative Tract Map 6859 (the “Project”) located in the City of Bakersfield as shown on attached (Exhibit “A”); and

WHEREAS, the application was submitted on November 21, 2018, which is prior to the expiration date of Vesting Tentative Tract Map 6859, and in accordance with the provisions of Section 16.16.080 of the Bakersfield Municipal Code; and

WHEREAS, the original application of the tentative map was deemed complete on May 26, 2006, conditionally approved by the Planning Commission on August 17, 2006; and

WHEREAS, the project became effective upon the completion date of Annexation No. 527/Gosford #1, which occurred on December 28, 2006; and

WHEREAS, a mitigated negative declaration was previously approved by City Council on March 8, 2006 for related GPA/ZC 05-0938; and

WHEREAS, there have been no substantial changes to the Project or circumstances under which it will be undertaken; and

WHEREAS, no new environmental impacts have been identified; and

WHEREAS, the Project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant State CEQA Guidelines Section 15061(b)(3), General Rule; and

WHEREAS, the Secretary of the Planning Commission set, Thursday, January 17, 2019 at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the application, and notice of the public hearing was given in the manner provided in Title Sixteen of the Bakersfield Municipal Code; and

WHEREAS, the facts presented in the staff report, environmental review evidence received both in writing, and the verbal testimony at the above referenced public hearing support the following findings:

Prepared by TJaquez \ S:\TRACTS\6859 EOT\2PC Prep\6859 EOT_Exh A_PC Reso.docx PAGE 1 of 2

1. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing.

2. The provisions of the CEQA have been followed.

3. Pursuant to State CEQA Guidelines Section 15061(b) (3), General Rule, the Project is exempt from the requirements of CEQA because it will not affect the environment. The Notice of Exemption was properly noticed for public review.

4. This request for an extension of time is the first request pursuant to Bakersfield Municipal Code Section 16.16.080 and Subdivision Map Act Section 66452.6 (e).

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Bakersfield as follows:

1. The above recitals, incorporated herein, are true and correct.

2. The project is exempt from CEQA, pursuant to CEQA Guidelines Section 15061(b)(3), General Rule.

3. The expiration date of Vesting Tentative Tract Map 6859 is hereby extended until December 27, 2021.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on January 17, 2019, on a motion by Commissioner and seconded by Commissioner , by the following vote.

AYES:

NOES:

ABSENT:

APPROVED

______DANIEL CATER, CHAIR City of Bakersfield Planning Commission

Exhibits: A-1 Location Map with Zoning A-2 Vesting Tentative Tract Map

Prepared by TJaquez \ S:\TRACTS\6859 EOT\2PC Prep\6859 EOT_Exh A_PC Reso.docx PAGE 2 of 2

VTTM 6859 LEGEND A (ZONE DISTRICTS) M-2 EXTENSION OF TIME R-1 One Family Dwelling 6,000 sq.ft. min lot size CITY OF BAKERSFIELD R-1-4.5 One Family Dwelling A A 4,500 sq.ft. min lot size M-2 A E Estate 10,000 sq.ft. min lot size R-1 R-S Residential Suburban EXHIBITL A-1 A SMUD GAS TRANSMISSION PIPELINE 24,000 sq.ft./dwelling unit N R-S-( ) Residential Suburban A C 1, 2.5, 5 or 10 min lot size E R-2 Limited Multiple Family Dwelling N I 4,500 sq.ft. min lot size (single family) T S 6,000 sq.ft. min lot size (multifamily) 2,500 sq.ft. lot area/dwelling unit R-3 Multiple Family Dwelling M-1 A A 6,000 sq.ft. min lot size 1,250 sq.ft. lot area/dwelling unit R-4 High Density Multiple Family Dwelling R-1 6,000 sq.ft. min lot size 600 sq.ft. lot area/dwelling unit R-H Residential Holding 20 acre min lot size A Agriculture

A GOSFORD RD 6,000 sq.ft. min lot size A A-20A Agriculture 20 acre min lot size PUD Planned Unit Development TT Travel Trailer Park A A MH Mobilehome C-O Professional and Administrative Office C-1 Neighborhood Commercial R-1 R-1 C-2 Regional Commercial T6859 C-C Commercial Center C-B Central Business PCD Planned Commercial Development M-1 Light Manufacturing M-2 General Manufacturing M-3 Heavy Industrial P Automobile Parking RE Recreation Ch Church Overlay OS Open Space HOSP Hospital Overlay R-1 R-1 RE AD Architectural Design Overlay S KAISER FP-P Floodplain Primary

I PERMANENTE RE FP-S Floodplain Secondary

E SPORTS VILLAGE AA Airport Approach

B DI Drilling Island

CITYLIMIT

A PE Petroleum Extraction Combining

N SC Senior Citizen Overlay

C-2 C

H HD Hillside Development Combining C-2 C-2/P.C.D. N WM- West Ming Specific Plan

. 2 CANAL CITY LIMIT

C-2 C-2 TAFT HWY

PAR ST R-2 R-2

A A R-2-CH R-S-2.5A A

BEAM T Feet

ST S PAR R-2 0 450 900

Document Name: 2018_12_10 Exhibit A-2 COVER SHEET PLANNING DEPARTMENT STAFF REPORT

MEETING DATE: January 17, 2019 ITEM NUMBER: Consent Calendar Public Hearings5.(b.)

TO: Planning Commission FROM: Kevin F. Coyle, AICP CEP, Planning Director PLANNER: Tony Jaquez DATE: WARD: Ward 3 SUBJECT: Extension of Time Vesting Tentative Tract Map 7141 (Phased): Victor Baldivia requests an extension of time for a vesting tentative tract map consisting of 140 lots, on 49.68 acres, and a designated remainder of 29.51 acres, totaling 79.19 acres, for purposes of single family development, zoned R-1, located at the northeast corner of Morning Drive and State Highway 178. Notice of Exemption on file.

APPLICANT: Victor Baldivia OWNER: Auburn Oak Developers, LLC LOCATION: Located at the northeast corner of Morning Drive and State Highway 178 in northeast Bakersfield.

STAFF RECOMMENDATION: Staff recommends approval.

ATTACHMENTS: Description Type Staff Report Staff Report Resolution Resolution Exhibits Exhibit 5.b. Extension of Time – Vesting Tentative Tract Map 7141 (Phased)

PROJECT DESCRIPTION

This project is a request for an extension of time for a vesting tentative tract map to 140 single family residential lots, 3 landscape lots and 2 non-buildable lots on 49.68 acres, and a designated remainder of 29.51 acres, totaling 79.19 acres, for purposes of single family development, zoned R-1 (One Family Dwelling), located at the northeast corner of State Highway 178 and Morning Drive.

Figure 2: SITE VISIT PHOTO View from Morning Drive looking east.

PROJECT ANALYSIS:

Background and Timeline:

September 2, 2004. Vesting Tentative Tract Map 5982 was approved by the Planning Commission on September 2, 2004 and expired on September 1, 2007. VTTM 7141 replaced the expired map.

January 17, 2008. Original approval of Vesting Tentative Tract Map 7141 by your Commission to create 140 single-family lots on 49.68 acres, and a designated remainder of 29.51 acres, totaling 79.19-acres subdivision, zoned R-1 (One-Family Dwelling). A Mitigated Negative Declaration for the project, VTTM 7141, was adopted at the same Planning Commission meeting, which included a review of a site specific air quality study, a cultural resource survey, and biological report mitigation requirements.

December 5, 2018. Staff received a substantial conformance request to adjust the lots and street design to accommodate the widening of the off-ramp at Morning Drive from State Highway 178. Staff is anticipating CalTrans response and comments next week which will allow Staff to further process the substantial conformance request.

2010, 2011, 2013 and 2015: Automatic extensions of time as approved by State legislation (further detail provided below under “Analysis”).

Analysis: The applicant is requesting a three-year extension of time to allow for additional time to record this map. No phase of this map has recorded. The applicant requested the extension of time in

Prepared by TJaquez|S:\TRACTS\7141 EOT\2PC Prep\7141 EOT_Staff Report.docx PAGE 2 of 4

Extension of Time – Vesting Tentative Tract Map 7141 (Phased) writing prior to the January 16, 2019 expiration date. The applicant states, the property is a recent purchase, therefore is requesting additional time to assist in the development.

In response to the Economic Downturn and the Recession, the California State Legislature approved a series of automatic extensions to certain approved tentative subdivision maps. As a result of these state extensions, Vesting Tentative Tract Map 7141 was previously provided two additional years under AB 333 (2009), two additional years under AB 208 (2011), two additional years under AB 116 (2013) and two additional years under AB 1303 (2015). The cumulative result of the automatic extensions of time approved by the State is that this tentative map expires on January 16, 2019. The Subdivision Map Act allows an additional 60 days beyond the expiration date to provide local jurisdictions time to consider the extension of time request.

The Subdivision Map Act and the Bakersfield Municipal Code allow for separate extensions to be approved by your Commission with an aggregate of up to six years. Typically, City policy has been to approve extensions of time in 2, three-year intervals. This current request represents the first request for Vesting Tentative Tract Map 7141. Staff recommends approval of a three-year extension of time to expire on January 16, 2022 with no changes to previously approved conditions of approval. The original subdivision application was deemed complete on November 14, 2007.

Surrounding Uses:

The site is surrounded by vacant land to the north and south, existing single family residential along the northwest boundary, and single family home development is occurring to the immediate east of the project. Figure 3. Aerial Photo

The project site is depicted as Low Density Residential on the Land Use Element of the Metropolitan Bakersfield General Plan. The site is vacant land and is surrounded by:

Prepared by TJaquez|S:\TRACTS\7141 EOT\2PC Prep\7141 EOT_Staff Report.docx PAGE 3 of 4

Extension of Time – Vesting Tentative Tract Map 7141 (Phased)

Table A. Surrounding Land Use Designations and Zoning Districts LAND USE ZONING EXISTING DIRECTION DESIGNATION DISTRICT LAND USE NORTH GC and LR C-1 and R-1 Vacant land SOUTH LR R-1 Vacant land and SR 178 EAST LR R-1 Vacant land and single family residential development (Tract 6383) WEST GC and LR C-2 and R-1 Vacant and existing single family residential Land Use Designations: Zoning Designations GC: General Commercial C-1: Neighborhood Commercial C-2: Regional Commercial LR: < 7.26 du/na R-1: One Family Dwelling

Circulation:

The closest Golden Empire Transit (GET) bus is at Auburn Street and Fairfax Road (Route 41), and is accessible to the tract approximately 1 mile to the west along Auburn St. The City's Bikeway Master Plan identifies Panorama Dr. and Auburn St. as a Class 2 facilities (bike lanes), and Morning Drive as a future Bikeway located along the west boundary of Vesting Tentative Tract Map 7141. Bike lanes are currently in place both north and south of Morning Dr.

ENVIRONMENTAL REVIEW AND DETERMINATION:

Based upon an initial environmental assessment, pursuant to the California Environmental Quality Act (CEQA) an initial study was prepared for the original project of the subject property and a Mitigated Negative Declaration was adopted on January 17, 2008. In accordance with Section 15061(b)(3), General Rule, this project is exempt from the requirements of CEQA because it will not affect the environment.

Noticing:

CONCLUSION:

The applicant provided the application for the Extension of Time for Vesting Tentative Tract Map 7141 in a timely manner, and has requested a three-year extension to be able to familiarize himself with the project and its development due to the recent purchase. The three- year extension is reasonable and is in compliance with the extensions permitted by BMC 16.16.080. Therefore, the request is recommended for approval by the Planning Director.

Exhibits: (attached):

Exhibit A: Resolution A-1 Location Map with Zoning A-2 Vesting Tentative Tract 7141 Map

Exhibit B: Notice of Exemption

Prepared by TJaquez|S:\TRACTS\7141 EOT\2PC Prep\7141 EOT_Staff Report.docx PAGE 4 of 4

EXHIBIT A

RESOLUTION NO. _____ DRAFT RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE AN EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 7141 (PHASED) LOCATED AT THE NORTHEAST CORNER OF MORNING DRIVE AND STATE HIGHWAY 178 IN NORTHEAST BAKERSFIELD.

WHEREAS, Victor Baldivis, applicant, representing Auburn Oak Developers, LLC, filed an application with the City of Bakersfield Planning Department requesting an extension of time for Vesting Tentative Tract Map 7141 (the “Project”) located in the City of Bakersfield as shown on attached (Exhibit “A”); and

WHEREAS, the application was submitted on December 5, 2018, which is prior to the expiration date of Vesting Tentative Tract Map 7141, and in accordance with the provisions of Section 16.16.080 of the Bakersfield Municipal Code; and

WHEREAS, the original application of the tentative map was deemed complete on November 14, 2007, conditionally approved by the Planning Commission on January 17, 2008; and

WHEREAS, a mitigated negative declaration was previously approved by the Planning Commission on January 17, 2008 for Vesting Tentative Tract Map 7141; and

WHEREAS, there have been no substantial changes to the Project or circumstances under which it will be undertaken; and

WHEREAS, no new environmental impacts have been identified; and

WHEREAS, the Project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant State CEQA Guidelines Section 15061(b)(3), General Rule; and

Prepared by TJaquez \ S:\TRACTS\7141 EOT\2PC Prep\7141 EOT_Reso.docx PAGE 1 of 2

2. The provisions of the CEQA have been followed.

4. This request for an extension of time is the first request pursuant to Bakersfield Municipal Code Section 16.16.080 and Subdivision Map Act Section 66452.6 (e).

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Bakersfield as follows:

1. The above recitals, incorporated herein, are true and correct.

2. The project is exempt from CEQA, pursuant to CEQA Guidelines Section 15061(b)(3), General Rule.

3. The expiration date of Vesting Tentative Tract Map 7141 is hereby extended until January 16, 2022.

AYES:

NOES:

ABSENT:

APPROVED

______DANIEL CATER, CHAIR City of Bakersfield Planning Commission

Exhibits: A-1 Location Map with Zoning A-2 Vesting Tentative Tract Map

Prepared by TJaquez \ S:\TRACTS\7141 EOT\2PC Prep\7141 EOT_Reso.docx PAGE 2 of 2

VTTM R-2-CH7141 LEGEND Exhibit A-1 (ZONE DISTRICTS)

EXTENSION OF TIME R-1 R-1 One Family Dwelling R-1 6,000 sq.ft. min lot size CITY OF BAKERSFIELDBALD EAGLE ST R-1-4.5 One Family Dwelling R-1 4,500 sq.ft. min lot size R-3/P.U.D. E Estate EAGLE RIDGE ST 10,000 sq.ft. min lot size R-1 R-1 R-S Residential Suburban R-1 R-1 24,000 sq.ft./dwelling unit R-S-( ) Residential Suburban

T R-1 S 1, 2.5, 5 or 10 min lot size R R-3 E R-2 Limited Multiple Family Dwelling R-1 N

HARPYEAGLE AVE R

O R-1 STEELHEAD DR 4,500 sq.ft. min lot size (single family)

H T R-2 6,000 sq.ft. min lot size (multifamily) Dr Juliet Thorner 2,500 sq.ft. lot area/dwelling unit CONDO R ST Ele m e nta ry R-3 Multiple Family Dwelling Sc ho o l R-1 C-1 6,000 sq.ft. min lot size PAN 1,250 sq.ft. lot area/dwelling unit ORAM C-1 A DR R-4 High Density Multiple Family Dwelling

T S 6,000 sq.ft. min lot size R-1 N R-1 R-1 O R-1 600 sq.ft. lot area/dwelling unit CLIFFTOP WAY Y R-1

A R-H Residential Holding

C 20 acre min lot size

STONECANYON ST

T R-3

S A Agriculture

U R-1 R 6,000 sq.ft. min lot size R-1

EASTCOVE CT GREYSTONECT A-20A Agriculture R-1 R-1 R-1 20 acre min lot size MORNINGSTAR AVE PUD Planned Unit Development R-1 R-1 TT Travel Trailer Park MH Mobilehome

LYRACT

URSACT

VENUSCT

MITHALIA WAY DR C-O Professional and Administrative Office

ANTARESCT DRUMMOND ST MOJAVEGAS PIPELINE C-1 Neighborhood Commercial

SWEETGRASS

ANACONDAAVE R-1 C-2 Regional Commercial T7141 R-1 R-1 R-1/P.U.D. R-3-MH R-1 C-C Commercial Center C-B Central Business C-2 PCD Planned Commercial Development M-1 Light Manufacturing M-2 General Manufacturing R-3 M-3 Heavy Industrial ST P Automobile Parking AUBURN C-2 RE Recreation M Ch Church Overlay O C-2 R-1 R-2 OS Open Space R-3 R HOSP Hospital Overlay N AD Architectural Design Overlay I N 178 FP-P Floodplain Primary

G FP-S Floodplain Secondary

D AA Airport Approach R DI Drilling Island R-2 PE Petroleum Extraction Combining SC Senior Citizen Overlay C-2 R-1 HD Hillside Development Combining WM- West Ming Specific Plan R-3/P.U.D. C-2/P.C.D.

C-2/P.C.D. C-O R-2

R D R-1/P.U.D. R-1/P.U.D. R-1/P.U.D. FU Y Y TU RE D C-O W F R-1 L R-2 PK IR A E EN C ID ZE K LS LN IR OL K KN RE U Feet T HI U GH F LAN C-2 D KN R-1 OLLS 0 450 900 R-1 DR R-1/P.U.D. Document Name: 2018_12_10 Exhibit A-2 COVER SHEET PLANNING DEPARTMENT STAFF REPORT

MEETING DATE: January 17, 2019 ITEM NUMBER: Consent - Public Hearing5.(c.)

TO: Planning Commission FROM: Kevin F. Coyle, AICP CEP, Planning Director PLANNER: Jennie Eng, Principal Planner DATE: WARD: Ward 1 SUBJECT: Vesting Tentative Parcel Map 12190: McIntosh and Associates representing Gateway Homes, Inc. (property owner), is proposing to subdivide 30.17 acres into 2 parcels for future single and multiple family residential development in an R-1 and R-2 zone located at the northeast corner of East Panama Lane and Sparks Street. Notice of Exemption on file.

APPLICANT: McIntosh and Associates OWNER: Gateway Homes Inc. LOCATION: Northeast corner of East Panama Lane and Sparks Street in southeast Bakersfield.

STAFF RECOMMENDATION: Staff recommends approval.

ATTACHMENTS: Description Type Staff Report Staff Report Resolution with Exh Resolution Attachment B-NOE Exhibit CITY OF BAKERSFIELD PLANNING DEPARTMENT STAFF REPORT www.bakersfieldcity.us

TO: Chair and Members of the Planning Commission AGENDA ITEM: 5.c.

FROM: Kevin F. Coyle, AICP CEP, Planning Director ' ,r . APPROVED: J,:-c� DATE: January 17, 2019

SUBJECT: VESTING TENTATIVE PARCEL MAP 12190 (WARD 1l APPLICANT: ENGINEER SUBDIVIDER/PROPERTY OWNER McIntosh and Associates Gateway Homes Inc. 2001 Wheelan Ct 5301 Office Park Dr. # 115 Bakersfield, CA 93309 Bakersfield, CA 93309

LOCATION: Northeast corner of East Panama Lane and Sparks (APN # :414-190-22)

Figure 1. Location Map

RECOMMENDATION:

Motion to adopt Resolution APPROVING Vesting Tentative Parcel Map 12190 with conditions.

Jeng/ S:\TRACTS\12190\lPC Docs\P12190 sr-pc.docx Page 1 of 6 VTPM 12190

PROJECT DESCRIPTION

McIntosh and Associates representing Gateway Homes, Inc. (property owner), is proposing to subdivide 30.17 acres into 2 parcels for future single and multiple family residential development in an R-1 (One-Family Dwelling) and R-2 (Limited Multiple Family) zone located at the northeast corner of East Panama Lane and Sparks Street in southeast Bakersfield.

Figure 2: SITE VISIT PHOTO View from E. Panama Ln Looking North

PROJECT ANALYSIS:

Background & Timeline:

Zone Change 05-1507: On March 8, 2006, the Bakersfield City Council approved zone changes from an A (Agricultural) zoning district to R-1 (One-Family Dwelling) zone on 108.88 acres, and from an A zoning district to a C-2 (Regional Commercial) zoning district on 1.56 acres. The proposed zone change area is within the R-1 zone approved with Zone Change 05-1507.

Vesting Tentative Tract Map (VTTM) 7029: On October 4, 2007, Bakersfield Planning Commission approved 127 lots within a 30.17 acre area. The proposed zone change is within the southern 14.61 acres of the VTTM 7029 map.

Zone Change 16-0197: On January 25, 2017, the City Council approved this zone change from an R-1 (One-Family Dwelling) zone to an R-2 (Limited Multi-Family Dwelling) zone on 14.61 acres for purposes of multi-family residential development. The maximum number allowed is 88 dwelling units constructed as 44 duplexes.

Substantial Conformance: On November 18, 2016, the Planning Director approved a substantial conformance to allow a change to VTM 7029 to depict Phase 2 as one lot for a future multifamily residential development in relation to Zone Change 16-0197. The single-family lot and street layout of Phase 1 of VTM 7029 remains as approved by the Planning Commission in 2007.

Jeng/ S:\TRACTS\12190\1PC Docs\P12190 sr-pc.docx Page 2 of 6

VTPM 12190

Analysis:

The proposed vesting tentative parcel map subdivision consists of two lots on 30.17 acres for purposes of single-family development. Parcel 1 contains 15.56 acres and is zoned R-1 (One-Family Dwelling). Development of Parcel 1 is proposed as 69 single family lots as shown in previously approved VTM 7029. Parcel 2 contains 12.56 acres and is proposed to be developed as 88 multifamily residential dwelling units constructed as 44 duplexes (See Figure 3). Subdividing the parcel into two parcel with their respective zones would remedy split-zoning on the property. The application was deemed complete on December 7, 2018.

Figure 3: Conceptual Site Plan

The applicant states the purpose of this tentative parcel map is for financing purposes. Although VTM 7029 has been approved, there is no requirement that VTM 7029 record a final map and construct improvements. Therefore, for orderly development, Staff recommends conditions of approval attached in the proposed resolutions.

Relationship to Surrounding Uses:

The project site is depicted as Low Density Residential on the Land Use Element of the Metropolitan Bakersfield General Plan. The project site is currently used for farming. To the north is Rexland Acres residential development. To the south is approved Tract Map 6712. To the west and east, the land is currently used for agriculture. Directly east of the project is the Kern Delta Central Branch Canal. The site is surrounded by:

Jeng/ S:\TRACTS\12190\1PC Docs\P12190 sr-pc.docx Page 3 of 6

VTPM 12190

Table A. Surrounding Land Use Designations and Zoning Districts LAND USE ZONING EXISTING DIRECTION DESIGNATION DISTRICT LAND USE NORTH LMR/LR R-1 Residential SOUTH LR R-1 Residential EAST LR R-1 Agricultural, canal WEST SR/LR R-1 Agricultural Land Use Designations: Zoning Designations SR: < 4 du/na R-1: One Family Dwelling LR: < 7.26 du/na LMR: > 4 < 10 du/na

Consistency/Deviation from Design Standards:

The applicant has not requested any modifications or deviations from City standards.

Circulation:

East Panama Lane (an arterial street) on the south side of the area, and the future Sparks Street (a collector street) will be on the west side of the area. The closest Golden Empire Transit Bus route is 1/3 of a mile to the west. The City's Bikeway Master Plan identifies East Panama Lane as a Class 2 facility (bike lanes). Bike lanes do not currently exist and at the time the property is developed, lane striping will be required with the construction of street improvements. However, the Traffic Engineer will evaluate if striping should be delayed if its installation will compromise public safety (e.g. short lengths of unconnected bike lanes that would confuse drivers and cyclists increasing the likelihood of accidents). Striping would then occur at the time the City added bike lanes along the street with connections to the existing bikeway network.

Figure 3. Aerial Photo

Jeng/ S:\TRACTS\12190\1PC Docs\P12190 sr-pc.docx Page 4 of 6

VTPM 12190

Park Land In-Lieu Fees/Dedication:

The City of Bakersfield Recreation and Parks provides park and recreational services to the project site. The nearest existing City park to the subdivision is Stiern Park located about a mile northwest of the project site. A future park is planned to be located about 1/2 mile northeast of the project site. Staff recommends payment of in-lieu fees to satisfy the parkland requirement of BMC Chapter 15.80 (Condition No. 15).

Mineral Rights:

In accordance with Subdivision Map Act Section 66445 (e), mineral rights owners’ signatures are not required on final parcel maps with four or fewer parcels (BMC Section 16.22.030.B). This parcel map contains two buildable parcels.

The project site is beyond their administrative boundaries of Division of Oil, Gas and Geothermal Resources (DOGGR). There are no known wells on the property and no known active operator of record. If a well is uncovered, the subdivider must consult with DOGGR regarding proper abandonment of the well, in accordance with the Bakersfield Municipal Code (Condition No. 22).

ENVIRONMENTAL REVIEW AND DETERMINATION:

Pursuant to CEQA Section 15315, Class 15 Minor Land Division, a project may be exempt in which the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances are required, all services and access to the proposed parcels to local standards are available, and that the parcel was not involved in division of a larger parcel within the last two years, and the parcel does not have an average slope of 20 percent or greater. In reviewing this project and Class 15 requirements, Staff determined the project is categorically exempt from CEQA. The approximate 2-acre site is surrounded by urban uses and can be served by all required utilities and City public services. A Notice of Exemption is provided as Attachment B.

Noticing:

Notice of public hearing before the Planning Commission of the City of Bakersfield for the project with the associated proposed Negative Declaration was advertised in the newspaper and posted on the bulletin board of the Bakersfield City Planning Department. All property owners within 300 feet of the project site were notified about the hearing and the proposed subdivision at least 10 days prior to the public hearing in accordance with State law. The applicant has provided proof that signs giving public notice of the proposed tract map were posted on the property 20 to 60 days prior to the public hearing before the Planning Commission.

Conclusion:

As noted above, the applicant has requested approval of Vesting Tentative Parcel Map12190 to subdivide 30.17 acres into two parcels consisting of 15.56 acres in an R-1 (One Family Dwelling) zone, and 14.61 acres in an R-2 (Limited Multiple Family Dwelling) zone. Recordation of the parcel

Jeng/ S:\TRACTS\12190\1PC Docs\P12190 sr-pc.docx Page 5 of 6

VTPM 12190 map would remedy split-zoning on the property. The applicant states the purpose of this request is for financing purposes.

With regard to the first component of the request, Staff finds that subdivision of the 30.17 acre parcel into two parcels to remedy split zoning by creating a lot for each zone is reasonable and Staff recommends approval of Vesting Tentative Parcel Map12190

Exhibits: (Attached)

A. Resolution with Exhibits: A-1. Conditions of Approval A-2. Location Map with Zoning A-3. Tentative Map

B. Notice of Exemption

Jeng/ S:\TRACTS\12190\1PC Docs\P12190 sr-pc.docx Page 6 of 6

ATTACHMENT A DRAFT RESOLUTION NO. ______

RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE VESTING TENTATIVE PARCEL MAP 12190, LOCATED ON THE NORTHEAST CORNER OF EAST PANAMA LANE AND SPARKS STREET.

WHEREAS, McIntosh and Associates representing Gateway Homes, Inc. (property owner), filed an application with the City of Bakersfield Planning Department requesting a Vesting Tentative Parcel Map 12190 (the “Project”), to subdivide 30.17 acres into 2 parcels for future single and multiple family residential development in an R-1(One-Family Dwelling) zone as shown on attached Exhibit “A-2”, located at the northeast corner of East Panama Lane and Sparks Street in southeast Bakersfield, as shown on attached Exhibit “A-3”; and

WHEREAS, the application was deemed complete on December 7, 2018; and

WHEREAS, the Project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA)in accordance with State CEQA Guidelines Section 15315, Minor Land Division; and

WHEREAS, the Secretary of the Planning Commission, did set Thursday, January 17, 2019, at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the proposed finding for a Categorical Exemption under Section 15315, Minor Land Division and the Project, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and

WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and

WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and

WHEREAS, the facts presented in the staff report, environmental review, and special studies (if any), and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings:

Page 1 of 3

2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the application is a project under CEQA and the Project is Categorically Exempt from State CEQA Guidelines under Section 15315 and duly noticed for public review.

4. Urban services are available for the proposed development. The Project is within an area to be served by all necessary utilities and waste disposal systems. Improvements proposed as part of the Project will deliver utilities to the individual lots or parcels to be created.

5. The application, together with the provisions for its design and improvement, is consistent with the Metropolitan Bakersfield General Plan. (Subdivision Map Act Section 66473.5) The proposed density and intensity of development are consistent with the low density residential land use classification on the property. Proposed road improvements are consistent with the Circulation Element. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the General Plan.

6. Mineral right owners' signatures are not required on the final map pursuant to Bakersfield Municipal Code Section BMC Section 16.22.030.B. In accordance with Subdivision Map Act Section 66445(e), mineral rights owners’ signatures are not required on final parcel maps with 4 or fewer parcels (BMC Section 16.22.030.B). This parcel map contains two buildable parcels.

7. The conditions of approval are necessary for orderly development and to provide for the public health, welfare, and safety.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Bakersfield as follows:

1. The recitals above are true and correct and incorporated herein by this reference.

2. The map is Categorically Exempt from the requirements of State CEQA Guidelines Section 15315, Minor Land Division.

3. Vesting Tentative Parcel Map 12190 is hereby approved with conditions of approval and mitigation measures shown on Exhibit "A-1".

Page 2 of 3

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on _____, 2018, on a motion by Commissioner _____and seconded by Commissioner ______, by the following vote.

AYES: NOES: ABSENT:

APPROVED

DANIEL CATER, CHAIR City of Bakersfield Planning Commission

Exhibits (attached):

Exhibit A-1: Conditions of Approval Exhibit A-2: Location Map Exhibit A-3: Tentative Map

Jeng / S:\TRACTS\12190\1PC Docs\P12190 pc-res.docx

Page 3 of 3

EXHIBIT “A” VESTING TENTATIVE PARCEL 12190 CONDITIONS OF APPROVAL

NOTE to Subdivider/Applicant: It is important that you review and comply with requirements and deadlines listed in the “FOR YOUR INFORMATION” packet that is provided separately. This packet contains existing ordinance requirements, policies, and departmental operating procedures as they may apply to this subdivision.

PUBLIC WORKS

1. Approval of this tentative map does not indicate approval of grading, drainage lines and appurtenant facilities shown, or any variations from ordinance, standard, and policy requirements which have neither been requested nor specifically approved.

2. Install all sewer facilities necessary to connect to wastewater treatment plant number two, and in accordance with the approved sewer study for Tracts 6865 & 7029.

3. Per Zone Change 05-1507 and 16-0197; Prior to approval of any development plan or improvement plan, provide fully executed dedication of South Union Avenue and East Panama Lane to arterial standards and Sparks Street to collector standards for the full frontage area within said Zone Change areas.

4. Comply with applicable Zone Change 05-1507 and 16-0197 conditions.

5. Per Resolution 035-13, the development shall implement and comply with the “complete streets” policy.

6. With or prior to the recordation of the Parcel Map, pay East Panama – Central Canal (North Half) Bridge District fees; or construct the north half of the Panama Lane crossing of the Central Canal and be partially reimbursed from the East Panama – Central Canal (North Half) Bridge District account, if funds are available.

7. The project is subject to the fees and/or the construction of sewer facilities in accordance with the Panama and Union Planned Sewer Area (Res. 083-07(1)).

8. Prior to grading plan review submit the following for review and approval: 8.1. A drainage study has been approved for TR 6865 and TR 7029 per Drainage Study approval letter dated December 22, 2015. Any changes to the approved drainage study would require a revised drainage study to be reviewed and approved by the City Engineer. 8.2. A sewer study has been approved for TR 6865 and TR 7029 per letter dated December 29, 2015. Any changes to the approved sewer study would require a revised sewer study to be reviewed and approved by the City Engineer.

By jeng\ S:\TRACTS\12190\1PC Docs\Exh A-1 Con.docx

Exhibit “A” VTPM 12190 Page 2 of 7

9. The following conditions must be reflected in the design of the improvement plans: 9.1. Final plan check fees shall be submitted with the first plan check submission. 9.2. The subdivider shall either construct the equivalent full width landscaped median island in Panama Lane or pay his proportionate share of the cost for the future construction of the median. Median islands shall be designed by the first tract to be approved on a side. The medians may be constructed by the first development on a side, or the median island fees shall be paid ($100 per linear foot). If the median island is not constructed, the second development across the street shall construct and landscape the median island. Construction or payment shall be for the full width of the land being subdivided. The total cost may be apportioned between the phases and paid prior to recordation of each phase if he elects to pay his share of the costs for the future construction. Left turn median restrictors shall be constructed by the first tract in. 9.3. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. Install conduit and pull ropes in future traffic signal locations. 9.4. In addition to other paving requirements, on and off site road improvements may be required from any collector or arterial street to provide left turn channelization into each street (or access point) within the subdivision (or development), where warranted and as directed by the City Engineer. Said channelization shall be developed to provide necessary transitions and deceleration lanes to meet the current CalTrans standards for the design speed of the roadway in question. 9.5. The following shall apply if a phased map is proposed: The phasing map as submitted may be unbalanced with respect to the required improvements along the tract frontages. Therefore, in order to promote orderly development, each phase shall be responsible for an equal dollar amount of frontage improvement. Prior to recordation of a parcel map for any phase that does not construct its share of the improvements, the difference between the cost of the frontage improvements constructed and the phase share shall be placed into an escrow account. The money deposited in this account would be for the use of the developer of any future phase responsible for more than its share of improvements. The final per lot share will be based upon an approved engineer’s estimate. In lieu of the use of an escrow account, the developer may choose to construct with each phase its proportionate share of the frontage improvements, with approval of the City Engineer. 9.6. The following conditions are based upon the premise that filing of Parcel Maps will occur in one phase. If multiple phases are requested, the City Engineer shall determine the extent of improvements to be done with each phase. 9.6.1. The following shall occur with Phase 1: 9.6.1.1. Construct Panama Lane for the full extent of the street lying within the parcel map boundary. 9.6.1.2. Construct Sparks Street for the full extent of the street lying within the parcel map boundary.

By jeng\ S:\TRACTS\12190\1PC Docs\Exh A-1 Con.docx

Exhibit “A” VTPM 12190 Page 3 of 7

9.7. The subdivider is responsible for verifying that existing streets within the boundary of the tract are constructed to city standards and he will reconstruct streets within the boundary not to standard. 9.8. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 22, 1997. 9.9. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, and as a Best Management Practice for complying with the requirements of the Clean Water Act, 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. 9.10. All lots with sumps and water well facilities that front arterial or collector streets will have wall and landscaping to the appropriate street standards, and those that front local streets will have a slatted chain link fence with landscaping as approved by the Public Works and Parks Directors.

10. The following must be reflected in the parcel map design: 10.1. A waiver of direct access shall be required for all lots abutting any arterials and collectors: Panama Lane and Sparks Street.

11. Prior to recording the first parcel map: 11.1. The City Council must have taken final action for inclusion of this tract within the Consolidated Maintenance District. 11.2. The developer is required to construct an improvement which is on the facilities list for the Metropolitan Bakersfield Transportation Impact Fee (Panama Lane). The developer shall receive credit against his traffic impact fees for this project. The developer must submit an appraisal, to be approved by the City Engineer, verifying the cost of the right-of-way to be acquired. This credit is not available until the improvement has been constructed by the developer and accepted for maintenance by the City. Any building permit issued prior to this acceptance shall pay the full impact fee. 11.3. If it becomes necessary to obtain any off site right of way and if the subdivider is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. 11.4. The development is required to pay into the adopted Regional Traffic Impact Fee rate program. 11.5. The subdivider shall submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Parcel Map which will prohibit occupancy of any lot until all improvements have been completed by the subdivider and accepted by the City. 11.6. The subdivider shall submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Parcel Map containing information with respect to the addition of this subdivision to the

By jeng\ S:\TRACTS\12190\1PC Docs\Exh A-1 Con.docx

Exhibit “A” VTPM 12190 Page 4 of 7

consolidated maintenance district. Said covenant shall also contain information pertaining to the maximum anticipated annual cost per single family dwelling for the maintenance of landscaping associated with this tract. Said covenant shall be provided to each new property owner through escrow proceedings.

12. Prior to Notice of Completion, the storm drain system, including the sump, shall be inspected and any debris removed.

WATER RESOURCES

13. Prior to recordation of each final map, subdivider shall record a covenant affecting each lot prohibiting the pumping and taking of groundwater from the property for any use off the property; provided, however, such pumping and taking may be carried out by the authorized urban water purveyor which provides water service to the subdivided land, or by a county-wide governmental entity with water banking powers, and such pumping is part of an adopted water banking program that will not have a significant adverse impact on the groundwater levels or diminish the quality of water underlying the subdivision.

Orderly development and as required by BMC Section 16.40.101.B.

14. Any drainage basins required for the development need to be included with plans in detail to be reviewed for compliance to City of Bakersfield standards and specifications by Water Resources Staff.

RECREATION AND PARKS

15. Park Land Requirement.

15.1 Prior to recordation of the final map for Phase 2 (R-2 zoned parcel), the subdivider shall pay an in-lieu fee based on a park land dedication requirement of 2.5 acres per 1000 population in accordance with Chapter 15.80 of the Bakersfield Municipal Code. 15.2 Park land in-lieu fees for Phase 1, shown as a 15.56 acre parcel zoned R-1, may be deferred until recordation of the final map for VTM 7029 approved as single family residential lots. 15.3 If the number of dwelling units increases or decreases upon recordation of a final map(s), the park land requirement will change accordingly. Refer to BMC Chapter 15.80 and the Planning Information Sheet regarding calculation and payment of in-lieu fee. In accordance with Government Code Section 66020(d), you are hereby notified that the 90-day period in which you may protest the imposition of this fee has begun.

BMC Chapter 15.80 requires the Planning Commission to determine if a subdivider is to dedicate park land, pay an in-lieu fee, reserve park land or a combination of these in order to satisfy the City’s park land ordinance. Staff is recommending this condition in accordance with BMC Chapter 15.80. By jeng\ S:\TRACTS\12190\1PC Docs\Exh A-1 Con.docx

Exhibit “A” VTPM 12190 Page 5 of 7

FIRE SAFETY DIVISION

16 Pipeline Easements. 16.1 Concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show the easements on the final map with a notation that structures including accessory buildings and swimming pools, are prohibited within the easements and record a corresponding covenant. 16.1.1 On final map, show Kern Oil pipeline located along East Panama Lane and show “no build” setback from pipeline. 16.2 Prior to or concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show on the final map that no habitable portion of a structure may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches of cover, and record a corresponding covenant. 16.3 No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within 48 inches or more of cover. If a pipeline meets this criteria, the 40 foot setback line shall be shown in the final map and a corresponding covenant shall be recorded prior to or concurrently with recordation of any phase that is affected. 16.4 No habitable portion of a structure may be built within thirty (30) feet of a crude oil pipeline operating at twenty percent (20%) or greater of its design strength. 16.5 Prior to or concurrently with recordation of any phase within 250 feet of the pipeline easements, subdivider shall record a covenant disclosing the location of the pipelines on all lots of this subdivision within 250 feet of the pipelines.

Public health, safety and welfare.

CITY ATTORNEY

17. 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 and 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

By jeng\ S:\TRACTS\12190\1PC Docs\Exh A-1 Con.docx

Exhibit “A” VTPM 12190 Page 6 of 7

sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party.

PLANNING

18. This subdivision shall comply with all provisions of the Bakersfield Municipal Code, and applicable resolutions, policies and standards in effect at the time the application for the subdivision map was deemed complete per Government Code Section 66474.2.

19. The subdivision shall be recorded in no more than one phase.

Orderly development.

20. Prior to recordation of each final map, subdivider shall submit a “will serve” or “water availability” letter or other documentation acceptable to the Planning Director from the water purveyor stating the purveyor will provide water service to the phase to be recorded.

Required for orderly development and provide for the public health, welfare and safety ensuring water service to the subdivision at the time of final map recordation because the water purveyor has included an expiration date in the initial “will serve” letter.

21. Mineral Rights: Prior to recordation of the first final map, Subdivider shall submit written evidence that waiver(s) of surface entry has been obtained from 100% of the mineral right interest(s) for the entire area of this tract. Written evidence shall be submitted to the Planning Director in the form of a recorded document such as a grant deed or other instrument approved by the City Attorney. The proposed lots shown underlying the drill site shall be allowed to record subject all other conditions of approval of the tentative map.

Required to verify compliance with BMC Section 16.20.060 A. and orderly development.

22. In the event a previously undocumented well is uncovered or discovered on the project site, the subdivider is responsible to contact the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (DOGGR). The subdivider is responsible for any remedial operations on the well required by DOGGR. Subdivider shall also be subject to provisions of BMC Section 15.66.080 (B.)

Police power based on public health, welfare and safety.

23. Prior to recordation of the final map on any phase, the subdivider shall construct a 6 foot high chain link fence, in accordance with City of Bakersfield Subdivision and Engineering Design Manual Standard D - 12 (aka S-10) including concrete curb, and approved by the City Engineer adjacent to the canal, as measured from highest adjacent grade, along the common property line. The concrete curb may be waived subject to Planning Director approval. The canal fence may not be bonded or secured.

By jeng\ S:\TRACTS\12190\1PC Docs\Exh A-1 Con.docx

Exhibit “A” VTPM 12190 Page 7 of 7

Canal fencing required to satisfy BMC Section 16.32.060 B.8.a and based on a finding to provide for the public health, safety and welfare.

24. Prior to recordation of the final map on any phase located within one-quarter mile of any concrete lined canal, the subdivider shall construct a 6 foot high chain link fence, in accordance with City of Bakersfield Subdivision and Engineering Design Manual Standard D - 12 (aka S-10) or equivalent to separate the subdivision and the unlined canal. The concrete curb for the chain link fence may be waived subject to Planning Director approval. The canal fence may not be bonded or secured.

Requirement required to satisfy BMC Section 16.32.060 B.8.b and based on a finding to provide for the public health, safety and welfare.

By jeng\ S:\TRACTS\12190\1PC Docs\Exh A-1 Con.docx

CITY LIMIT CITY LIMIT PRICE ST CITY LIMIT LEGEND C-2 C -2 R-1 VTP M 12190 R-1 R-1 R-1 EXHIBIT A-2 (ZONE DISTRICTS) SPERRY ST SPERRY ST R-1

GARYPL

DONST R-1 One Family Dwelling

GARBERWAY R-1 6,000 sq.ft. min lot size R-1 M-2 R-1 R-1-4.5 One Family Dwelling R-1 A

CITY OF BAKERSFIELD FARRELAVE 4,500 sq.ft. min lot size E FAIRVIEW RD E Estate

C-1 R-1 CITY LIMIT 10,000 sq.ft. min lot size C-2 R-1 R-S Residential Suburban R-1 BURCHFIELD AVE Fairview BURCHFIELD AVE 24,000 sq.ft./dwelling unit CITYLIMIT R-1 R-S-( ) Residential Suburban

Elementary CITYLIMIT R-1 M-1 1, 2.5, 5 or 10 min lot size REXLAND R-1 School R-2 Limited Multiple Family Dwelling ACRES BOHANNAN AVE 4,500 sq.ft. min lot size (single family) PARK R-1 A 6,000 sq.ft. min lot size (multifamily) MALIBAR AVE LEO ST R-1 STOVER 2,500 sq.ft. lot area/dwelling unit R-1 R-1 R-1 KIRKST R-1 R-3 Multiple Family Dwelling

GARYPL AVE KARENPL R-1 6,000 sq.ft. min lot size C

GARBERWAY R-1 E 1,250 sq.ft. lot area/dwelling unit

N C-2 DONST R-1 T R-4 High Density Multiple Family Dwelling CITYLIMIT

CLAYTON ST

LN R 6,000 sq.ft. min lot size

WAGNERST A

SPARKS ST

ELWOOD BUCKLEY AVE GOWDYLN BUCKLEY AVE L 600 sq.ft. lot area/dwelling unit B R-H Residential Holding R-1 R-1 R CITY LIMIT A 20 acre min lot size

S UNION AVE R-1 R-1 R-1 N A A Agriculture C

COTTONWOOD RD

CT 6,000 sq.ft. min lot size

R-1 C

AGAMCT TREVINO A-20A Agriculture CHAPULTEPEC AVE CITY LIMIT A N 20 acre min lot size

R-1 R-1 A PUD Planned Unit Development R-1 L

CT PIZARRO ST R-1 TT Travel Trailer Park SALAZAR AVE AJOONI MH Mobilehome C-2/P.C.D. CITYLIMIT C-O Professional and Administrative Office R-1 JALPAN AVE R-1 R-1 P12190 C-1 Neighborhood Commercial RADICCHIO A C-2 Regional Commercial

ESTAVEZST R-1 AVE ARLITOSST CORREGIDORA AVE C-C Commercial Center R-2 C-B Central Business R-1 ALMAGROST R-1 R-2 PROPOSED PCD Planned Commercial Development R-1 M-1 Light Manufacturing C-2 SABUGO CT CANDIA AVE HIGH SCHOOL C-2 R-1 M-2 General Manufacturing R-1 R-1 SITE M-3 Heavy Industrial E PANAMA LN VEGA ST P Automobile Parking CITY LIMIT CITYLIMIT RE Recreation C-2 R-1 R-1 Ch Church Overlay DAGENHAM CT OS Open Space C-2 KIRKLEES CT R-1 HOSP Hospital Overlay EL FUERTE R-1 R-1 AD Architectural Design Overlay

RUTLANDWAY

BUROUGHSWAY R-S-20A FP-P Floodplain Primary AVE C-2 DERBYSHIRE DR HARTLEPOOL AVE FP-S Floodplain Secondary

R-S-2.5A AA Airport Approach

R-3 WAY R-1 R-1 R-1 R-1 DI Drilling Island R-1 SEFTON A A PE Petroleum Extraction Combining CALDERDALE DR ISLINGTON CT SC Senior Citizen Overlay HACKNEY HD Hillside Development Combining R-1 R-1 CITY LIMIT WAY WM- West Ming Specific Plan

C-2 FLINTSHIRE DR STOCKPORT DR WARWICKSHIRE R-1 AVE

TAMESIDE AVE

DONCASTER AVE

TELFORD R-1 R-1

SALFORDCT ARVIN-EDISON CANAL

S UNION AVE R-1

NEW ZEALAND DR COTTONWOOD RD CITYLIMIT

R-1 C WAY R-1 I R-1 T NAVASSA Y Feet BORA BORA LN R-1 A A R-1 L KINTBURY I AVE M I R-1 WAY R-1 T 0 400 800

MADISON ST CURACAO CT SRILANKA NICOBAR CT E-1A GRAN CANARIA LN R-1 R-1 R-1 R-1 CITY LIMIT Document Name: 2018_12_09 VESTING TENTATIVE EXHIBIT A-3 PARCELFOR FINANCINGMAP PURPOSES NO. 12190 BEING A DIVISION OF PARCEL 3 OF PARCEL MAP NO. 11250 RECORDED IN PARCEL MAP BOOK 55, PAGES 102 AND 103 BEING A PORTION OF THE SE 1/4 OF SECTION 20, T. 30 S., R. 28 E., M.D.M. IN THE CITY OF BAKERSFIELD, KERN COUNTY, CALIFORNIA 2 PARCELS 30.17 ACRES OWNER/SUBDIVIDER ENGINEER/SURVEYOR GATEWAY HOMES, INC., A MclNTOSH & ASSOCIATES I CALIFORNIA CORPORATION 2001 WHEELAN COURT 5301 OFFICE PARK DRIVE, STE. 115 B�RS('IELD, CA. 3309 I BAKESFIELD, CA 93309 . (66 834- 1 UCK LEY A VENUE PH. (661) 327-0912 CONTAC RO R . cl L : \ CONTACT: STEVE HAIR = -- : ·1�ii·1 N L��R ,�)��rb-\-1 STATIS11CS R.OODZONE• (/) :-T �:�:�,�i: T�l ·-!-i 1 E E :� ' : TRACT NO. 2222 �i�,��TRACT NO. 1798 1 \��-)\ THIS SIT IS IN A FEMA FLOOD ZON •x• AS SHOWN ON I I I M.8. 10. ,PGS 137-13 I I I A.P.N.: 414-190-22 E E E 26, ) . I 8 M.8. 9, PGS. 39-40 j FIRM MAP NO. 06029C2300 , DATED S PTEMB R 2008. I I E 1 I I I I I ' I E I E E I E E --- - - [S89.30 55" ] E E AR AS DETERM N D TO B OUTS D TH 0.2% ANNUAL L L974.27'] DENSITY: PARCEL 1 - 6.27 DU/N T ACR E E E CHANCE FLOODPLAIN. i ------PARC L 2 - 7.27 DU/N T ACR � �� ------929.27' ------\ 1 � 45' I �; ZONE: R-1 & R-2 PROPOSED I E 362 L BENCH MARK• :::::.:: :-: ::: :::;:;:- T ::::;: ;;;;-: _ E E LD E E E E E I � i� �TJ�� t�r iER 10' K RN COUNTY�DRAINAG:� A:S:M NT 7-:;, ----� GENERAL PLAN: LR TOP OF CONCR TE MONUMENT N LAMPHOL @ "o· E E E E E " DOC. NO. 000216031972 O.R. P R BOOK 5104, PAGE 1374 O.R. INTER S CTION OF AST PANAMA LAN AND I � I I E E E SOUTH UN ON AVENU I � ---- - S WER: CITY OF BAKERSFI LD ------E E 1 NIt;------361------L V. = 361.36 U.S.G.S. � WATER: CALIFORNIA WATER SERVICE I �1 SCHOOL DISTRICT: GREENFIELD & KERN HIGH SCHOOL DISTRICT BASIS OFBEARINGS � 61-i':;1 THE BEARING OF N89'31'2B"W SHOWN FOR THE SOUTH LINE OF THE I !')/ E E E EE E SCHOOLS: FAIRVIEW L M NTARY, McK MIDDL SCHOOL SOUTHEAST 1/4 OF SECTION 20, T.30S., R.28 E., M.D.M. PER THE E & GOLD N VALLEY HIGH SCHOOL KERN COUNTY INVESTIGATION SURVEY FILED MAP 7-1 BOOK 6, PG. 86, !') ON FILE IN THE KERN COUNTY SURVEYOR'S OFFICE WAS USED FOR I 0 �I E E E E E I 0 I (BLANK T EAS M NT) EXISTING US : ALFALF A CROPS THE BASIS OF B ARINGS SHOWN ON THIS MAP. I z I AVIGATION EASEMENT TO THE � E E CITY OF BAKERSFIELD PER PROPOS D US : SINGLE FAMILY RESIDENTIAL E E \ DOC. NO. 217161601 O.R. DUPL X MULTIFAMILY COMPL X i ·1 * -� � #.\'ifJI'- • I ZONING:R-1 ZONING LEGEND= ;:I -�gt" � N ;;,� LAND USE: LR R-1 = ONE FAMILY DWELLING ZONE � PARCEL1 R-2 = MULTI FAMILY DWEWNG ZONE Iii :ll � AST PACHECO ROAD t5 wl 15.56 AC. GR. t' � 01s 14.90 AC. w \� �, NET LAND USE=IEQENn: z 0 l w E E E <( <}$' LR = LOW D NSITY R SID NTIAL 0 �!1311> s"' • � g: 0 * � O:'. 0 ,, .-0 "' Ill 0/ (/) SEC. 19 � SEC. 20 ....., �zl GENERAL NOTES: ' ALL ROAD IMPROVEMENTS AND DRAINAGE IN THIS SUBDIVISION SHALL :c BE IN ACCORDANCE WITH THE REQUIREMENTS ESTABLISHED BY THE ' 45' 45' \ T30S R28E CITY OF BAKERSFIELD. I I \ IT JS ANTICIPATED THAT THE GRADING OF THIS SUBDIVISION WILL BE WITHIN THE AMOUNTS OUTLINED WITH SECTION 16.16030(0) OF THE EAST PANAMAILANE MUNICIPAL CODE. PROJECT ALL DISTANCES AND DIMENSIONS SHOWN HEREON ARE IN FEET AND E E SITE DECIMALS TH R OF. § E LD E E E SEC. 30 SEC. 29 TH BO BORD R IND/CATES TH BOUNDARY OF LAND SUBDIVID D BY i:!: £ 59•31'2s·w THIS MAP. :::J0 � SAMAN I 130.02' - .s (/) i:!: 6 . 4- THERE ARE NO EXISTING STRUCTURES WITHIN THE BOUNDARIES OF THIS STREET , - 84,(!0' - . ,9)',;� 0:::J � . is, MAP. , 1 4 - � ·s>,9 O THIS MAP JS BASED UPON RECORD INFORMATION TAKEN FROM PARCEL =- N 9 1 28 '---1- -'-'-=e..: 1 I J �'�------� �a� � � ·� ·� �w:______Jj 8�ro�.0�0L' ______:� MAP No. 11250, BK. 55 OF P.M., PG. 103, O.R. EAST HOSKIN.--"G l/l ---'AVEN�U�E

E E ---l ON SITE ACCESS, CROSS PARKING, UTILITI S, & DRAINAG WITHIN �� i L_�I : I COMMERCIAL AREA SHALL BE PROVIDED THROUGH C.C.&R's. VICINITY MAP I NO SCAlE THIS PARCEL MAP SHALL FOLLOW THE "COMPLETE STREET' POLICY PER -- II�(/) I I - ../1 I RESOLUTION 035-13. JI (/) I _J I I <( ALL OBSTRUCTIONS SHALL BE REMOVED AND/OR RELOCATED WITHIN I EXISTING OR PROPOSED RIGHT-OF-WAYS. II� I I I z --,, Cl.. (.)<( II (/) I I I _J \l1;; c>.�is,-_____ r ______::_ - _ � !__ =-�-�...o. 04__ -'-•-----=--ll�· 3,-28:_w_ __252.67' E I ------S 1/4 COR S C 20 30/28 f b � I E -4------b _Q_ -----to K.C.S. CM N LH P R "' ------K.C.R,C.F.B. 784, PG. 23 g [969.58' 36? 3 "' - 63 g ---,_[_16�.-�_·i____ �--=i7 [NB9'31'28"W] g [2638.07]' ------E ------,-----�; � G -;_�-- t E. PANAMA LANE CO�AIL & RC 17564 � MADISON I N N : S. LINE OF THE S.E. 1 /4 OF TAG IN PAVING G I AVENUE:'..:_/] 61' : LAND USE: LR SEC. 20, T.30S., R.2BE., M.D.M. ZONIN : R-1 PORTION OF THE N.W 1/4 (BASIS OF BEARINGS) LAND USE: LR f-1-'--{I OF THE N.E. 1/4 OF PARCEL "B" L.L.A. NO. 16-06 I SEC. 29, 30/28 PER CERTIFICATE OF COMPLIANCE DOC. NO. 0206165433 O.R.

,-- EXHIBIT B NOTICE OF EXEMPTION

TO: Office of Planning and Research FROM: City of Bakersfield PO Box 3044, 1400 Tenth Street, Room 222 Planning Department Sacramento, CA 95812-3044 1715 Chester Avenue Bakersfield, CA 93301 X County Clerk County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301

Project Title: Vesting Tentative Parcel Map 12190:

Project Location-Specific: The northeast corner of East Panama Lane and Sparks Street in southeast Bakersfield.

Project Location-City: Bakersfield Project Location-County: Kern

Description of Project: Vesting Tentative Parcel Map 12190: McIntosh and Associates representing Gateway Homes, Inc. (property owner), is proposing to subdivide 30.17 acres into 2 parcels for future single and multiple family residential development in an R-1(One- Family Dwelling) zone.

Name of Public Agency Approving Project: City of Bakersfield

Name of Person or Agency Carrying Out Project: McIntosh and Associates

Exempt Status: Ministerial (Sec.21080(b)(1); 15268)); Declared Emergency (Sec.21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); X Categorical Exemption. State type and section number. 15315, Minor Land Division Statutory Exemptions. State section number. ______Project is exempt from CEQA pursuant to ______

Reasons why project is exempt: This project meets the criteria for Minor Land Division under Categorical Exemption Sction 15315 and will not have an effect on the environment.

Lead Agency: Contact Person: Jennie Eng Telephone/Ext.: 661-326-3043

If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No_

Signature: Title: Principal Planner Date:

X Signed by Lead Agency Date received for filing at OPR: ______Signed by Applicant

S:\TRACTS\12190\P12190 noe.docx COVER SHEET PLANNING DEPARTMENT STAFF REPORT

MEETING DATE: January 17, 2019 ITEM NUMBER: Consent Agenda5.(d.)

TO: Planning Commission FROM: Kevin F. Coyle, AICP CEP, Planning Director PLANNER: Kristin Pittack, Associate Planner II DATE: WARD: Ward 3 SUBJECT: Planned Development Review PUD 18-0065: K. Hovnanian Homes is requesting a revised Planned Development Review to allow additional floorplans and elevations on 4,000-square foot size minimum lot size within the boundaries of Tract Map 6498 and Vesting Tentative Tract Map 7337 in a PUD zone district at the southeast corner of Panorama Drive and City Hills Drive. Notice of Exemption on file.

APPLICANT: K. Hovnanian Homes OWNER: K. Hovnanian Homes LOCATION: Southeast corner of Panorama Drive and City Hills Drive in northeast Bakersfield.

STAFF RECOMMENDATION: Staff recommends approval.

ATTACHMENTS: Description Type Staff Report Staff Report Resolution Resolution Exhibit A-1 Exhibit Exhibit A-2 Exhibit Exhibit A-3 Exhibit Exhibit B Exhibit Exhibit C Exhibit CITY OF BAKERSFIELD PLANNING DEPARTMENT

www.bakersfieldcity.us STAFF REPORT

TO: Chair and Members of the Planning Commission AGENDA ITEM: FROM: Kevin F. Coyle, AICP CEP, Planning Director APPROVED: DATE: January 17, 2019 SUBJECT: Planning Director's Report - Planned Development Review 18-0065: Revised Planned Development Review to allow additional floorplans and elevations on 4,000-square foot minimum lot size within the boundaries of Tract Map 6498 and Vesting Tentative Tract Map 7337 in a PUD (Planned Unit Development) zone district. (Ward 3)

APPLICANT: SUBDIVIDER/PROPERTY OWNER ADDITIONAL PROPERTY OWNER ENGINEER K. Hovnanian Homes Regen! Land Investment Hunsaker & Associates 400 Exchange, Suile 200 11990 San Vicente Blvd., Suite 200 Three Hughes Irvine, CA 92602 Los Angeles, CA 90049 Irvine, CA 92618

LOCATION: Southeast corner of Panorama Drive and City Hills Drive in northeast Bakersfield. Figure 1. Location and Zone Map

:;,::-:::= ,,_i:: if"' ..�� - I/ It R·I

I \'\ R·1 ' \ C·2 1·2/ P.U.D.: I , • \.. I \\ C·2 /r\\' R·l. R•I

, R·l \'

R·I

RECOMMENDATION: Adopt Resolution and suggested findings APPROVING Planned Development Review No. 18-0065, as depicted in the project description and subject to the listed mitigation/conditions of approval. PROJECT SUMMARY:

The project is a request for a revised Planned Development Review to allow additional floorplans and elevations on 4,000-square foot size minimum lot size within the boundaries of Tract Map 6498 and Vesting Tentative Tract Map 7337 for single-family residences. The site is located at the southeast corner of Panorama Drive and City Hills Drive in northwest Bakersfield and is zoned PUD (Planned Unit Development).

SURROUNDING LAND USES:

The site and surrounding property’s General Plan land use designation, zoning classification, and land use are specified in Table 1:

Table 1. Surrounding Land Uses LAND USE ZONING DIRECTION EXISTING LAND USE DESIGNATION DISTRICT Site LR PUD Vacant land; approved TM 6498 and VTTM 7337

Vacant land and single-family residences; approved North LR PUD TM 6444

East LR R-1 Vacant land Vacant land and single-family residences; approved South PUD, R-2, C-2 LR, HMR, GC TM 6452 Vacant land and single-family residences; approved West LR R-1, R-1/PUD TMs 6406 and 7343 General Plan Key Zone District Key LR: Low Density Residential R-1: One-Family Dwelling HMR: High Medium Density R-2: Limited Multiple-Family Dwelling Residential C-2: Regional Commercial GC: General Commercial PUD: Planned Unit Development

TIMELINE & BACKGROUND:

November 2000. City Council approved General Plan Amendment/Zone Change (GPA/ZC 99-0647) and related Environmental Impact Report (EIR) for the “City in the Hills” development, which this project is a portion of, and was subject to facilitating a future GPA and concurrent ZC. Mitigation measures from the EIR were incorporated into the conditions of Tentative Parcel Map 11013.

September 2004. Planning Commission approved Tentative Parcel Map 11013 which contained 14 parcels on 686.53 acres for purposes of creating large parcels for future single and multiple-family subdivisions and commercial development.

November 2004. City Council approved GPA/ZC #04-0878 which included various amendments to the Circulation Map and Master Bikeways Plan within the City in the Hills project area.

March 2005. City Council approved GPA/ZC #03-0746 which included various changes in land use for the City in the Hills project area with a limit of 2,070 single family residential units. The following represents the total and remaining lots developed for the City in the Hills development:

KP | S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Staff Report.Docx Page 2 Tract Map Number of Lots 6406 396 6444 515 6452 181 6498 (Phase 1) 166 6696 139 7337 254 Total 1651

July 7, 2005. Planning Commission approved Tract Map 6498 containing 421 lots for purposes of single family development, one lot for a public park, one lot for a private park, and landscape lots on 100.16 acres. Phase 1 of this map recorded on July 25, 2006 and most lots have since been developed. In addition, the privately maintained Homeowner’s Association (HOA) has been created, which maintains the built-out private recreation and pool facility.

September 7, 2005. City Council approved ZC#05-0298 in order to change the zoning from an R-1 (One-Family Dwelling) zone to a PUD (Planned Unit Development) zone on 100.16 acres to acres to allow development of single family residential homes and a private recreation facility, paseo and landscape lots.

This PUD was approved to allow a variety of architectural styles with the use of columns, window shutters, stucco, wood, brick, slate and stone. The color and material palette for the homes are mostly shades of brown, grey, and muted shades of green. Minimum lot square footage was approved for 4,000-square feet with typical floor plan square footage ranging from 1,650-square feet to 2,650 square feet. Minimum dwelling unit setbacks were approved for all lots as follows: 15-foot front yard, 15-foot rear yard, and 5-foot side yard, and 20-foot garage.

Vesting Tentative Tract 7337 (Phased). A proposed tentative subdivision containing 254 single family residential lots and 14 landscape/open space lots for purposes of single family development on 53.71 acres zoned PUD (Planned Unit Development). The request for new tentative subdivision requires concurrent processing of a revised PUD. VTTM 7337 encompasses Phase 2 of Tract 6498, which recorded on September 4, 2008.

July 19, 2018. Your Commission approved referring Vesting Tentative Tract Map 7337 and Revised Planned Unit Development Plan #18-0065 back to staff. The applicant requested the referral in order to clarify conditions of approval and to respond to comments from the California Resources Corporation (CRC) regarding mineral rights issues.

December 6, 2018. Your Commission approved Vesting Tentative Tract Map 7337 and referred Revised Planned Unit Development Plan #18-0065 back to staff. The applicant requested the referral for the PUD in order to revise the project description to include portions of previously approved Tract Map 6498, Phase 1, in addition to the area described in the staff report for Vesting Tentative Tract Map 7337. As a result, Staff has worked with the applicant to clarify the project description area for the notice and this report. Any changes to the conditions of approval have been reflected in Exhibit A-1

APPLICABLE DEVELOPMENT STANDARDS Planned Unit Development (PUD) Review Requirements (Chapter 17.52). The project is subject to the PUD zoning overlay, and the stated purpose of this district is as follows (Attachment C):

KP | S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Staff Report.Docx Page 3 The planned unit development zone is intended to allow for innovative design and diversification in the relationship of various uses, buildings, structures, lot sizes and open space while ensuring substantial compliance with the general plan and the intent of the municipal code. In addition, the development would provide adequate standards necessary to satisfy the requirements of the public health, safety and general welfare. This zone is not to be used to restrict residential development or to compromise other zoning districts that may be more appropriate for a site. Instead, it enables a developer to obtain approval of a specific, detailed plan for a residential neighborhood, which ensures that the uniqueness of the project design is preserved. These standards shall be observed without unduly inhibiting the advantages of modern site planning techniques and innovative planning of residential neighborhoods.

As such, your Commission has the authority to require design standards, regulations, limitations and restrictions which are designed to protect and maintain property values and provide or protect community amenities which would foster and maintain the health, safety and general welfare of the community, including and relating to but not limited to the categories specified in Section 17.52.060 (PUD Latitude of Regulations).

Generally, those standards are related to topics such as: construction of fences and walls, structure height, distance between buildings, parking ratios, open space, architectural design of buildings and structures, and any additional improvements and dedications reasonably necessary to fulfill public needs for the general health, safety and welfare of the neighborhood and the City.

ANALYSIS:

The applicant is proposing to develop 52 remaining lots within TM 6498 and 254 single family residential lots within VTTM 7337 (see Figure 2 below). The applicant has indicated that the revised lot square-footage and increased phasing from the original approval is in response to changing market conditions. Lot and street configurations are proposed to remain the same as the originally approved PUD. As originally intended, these lots will have access to the built- out recreation and pool facility located within TM 6498-Phase 1. The current facilities will continue to be maintained by a privately-owned Homeowner’s Association (HOA) as conditioned by TM 6498 and VTTM 7337.

The smallest lot is approximately 4,000 square feet. Lots within TM 6498 and VTTM 7337 appear to be buildable with the floor plans submitted. The minimum dwelling unit setbacks requested include: 15-foot front yard setback, 15-foot rear yard setback, and 5-feet for side yards, which are the same as approved with the original 2005 PUD application. Staff is agreeable to reducing the front yard setback for the dwelling unit portion of the home to 15 feet. Based on the plans submitted with this tract and the related PUD zone change, the developer represents that each lot has an adequate building envelope and that no further reduction in lot size or setback standards (other than described above) will be needed (Condition Nos. 4 and 5).

Figure 2 below shows the location of the revised lot square-footage within TM 6498 and VTTM 7337. Figures 3a-3c below provides proposed housing design and elevation drawings.

KP | S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Staff Report.Docx Page 4 Figure 2. Site Development Plan

Figure 3a. Street Scenes 1 and 2

KP | S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Staff Report.Docx Page 5 Figure 3b. Typical Single-Story Elevation

Figure 3c. Typical Two-Story Elevation

KP | S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Staff Report.Docx Page 6 The applicant proposes additional elevations and floorplans to the PUD to respond to current marketing conditions. The elevations include both single and two-story homes, with Spanish, Craftsman or Italianate style options. Elevations depict updated contemporary architecture design which includes use of stucco, wood, offset color trim, varying roof tile, window shutters, varying garage door panel design, and colors in shades of brown, grey, and muted shades of green. The architectural designs appear to be consistent and complementary with the color and materials of the originally approved PUD.

Wall details for this tract map will be consistent with the existing community and previously approved PUD. The applicant proposes use of block and split face details, wood or vinyl side and rear fencing where not seen from right of way, tube steel side yard gates, and tube steel view fencing along landscape/open space lots to maintain continuity with the existing community (TM 6498, Phase 1). As previously recommended by Staff, the walls shall adhere to the minimum City standard of using split face block on only 25% of the wall face for texture, requiring a manufactured cap on the wall and prohibiting the ornamental iron wall plan for walls maintained by the City’s maintenance district (Condition No. 6). The recommendation is based on an effort to combat graffiti. Textured block, like split face, is much more difficult to clean than smooth-faced block. The manufactured cap “finishes” the wall and discourages people from dropping litter down the inside of the blocks. Iron fencing is a high cost maintenance item that the City has never accepted into the maintenance district. The developer may use iron fence/wall within the subdivision to be maintained by the individual homeowner or HOA.

The project has been designed in compliance with requirements of City standards and policies, and no deviations from zoning ordinance standards have been requested. Should the applicant decide to expand or change on-site development in the future, your Commission will have the opportunity to review and comment under a separate application.

ENVIRONMENTAL REVIEW AND DETERMINATION:

In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), this proposal is exempt from the requirements of CEQA, because the proposed development will not adversely affect the environment.

PUBLIC NOTIFICATION:

The Notice of Public Hearing before your Commission for the project was advertised in The Bakersfield Californian and posted on the bulletin board at the City of Bakersfield Development Services Department/Planning Division. All property owners within 300 feet of the project site were notified by United States mail regarding this public hearing in accordance with city ordinance and state law. To date, two public comments were received by the applicant and delivered to City staff.

Public Comments Received. During application processing, this Department received information from the applicant indicating they have held several meetings with HOA members since November 2017. The applicant submitted a recent meeting summary, which included emailed comments from current HOA members regarding the design features for this project (Attached Exhibit B). As shown in Exhibit B, the applicant has provided responses to each of the emailed comments. Below are summaries of the public comments submitted and responses from City staff.

KP | S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Staff Report.Docx Page 7 1. HOA Member Victoria Eccleston submitted the following concerns regarding the proposed development:

a. Price point bringing down existing home values. b. Homes appear 500+ square feet smaller than what was originally approved (VTTM 6498). c. New homeowners may be less likely to choose amenity upgrades. d. Concerns regarding smaller phasing and full neighborhood not being built-out. e. Amount of future residents with the new TM approval will over-occupy existing pool/amenities. f. Ingress and egress would be tight after the community is built out.

City Response. The current request is exclusively related to revised PUD design features, which does not significantly differ from the original approval for TM 6498 and PUD #05-0298, as explained under the Analysis section of this report. Additionally, the BMC does not apply limits to the number of phases an applicant can request. All modifications to City subdivision standards are consistent with the original 2005 approvals, as discussed in the VTTM 7337 staff report.

2. HOA member overall comments regarding additional amenities: a. Desire for an additional pool facility. b. Install standard grass parkways in the remaining 52 homes of Tract 6498 Phase 1.

City Response. The addition of another pool facility within VTTM 7337 and change of previously approved tract map lots for TM 6498 Phase 1 to landscaping lots is not within the scope of review for this application. These types of changes would require additional tract map and revised zone change requests.

The City also received additional correspondence on December 5, 2018 from resident Jean- Charles Laxague. Summary of concerns and City staff response was provided in a memorandum from the December 6, 2018 Planning Commission meeting, and is additionally attached in Exhibit B.

CONCLUSIONS:

Consistency with General Plan and Zoning Ordinance. Staff finds that the proposal is consistent with the Metropolitan Bakersfield General Plan and with the objectives of the Bakersfield Zoning Ordinance. The proposal constitutes a residential development of sustained desirability and stability, remains complimentary complimented and harmonious to the character of the surrounding neighborhood and the originally approved TM 6498 PUD plans (ZC#05-0298). Compliance with Bakersfield Zoning Ordinance Chapter 17.52 (Planned Unit Development Zone) will ensure that the development enhances the City’s character and promote a heightened quality of life for the residential environment and surrounding community.

Overall, Staff found that the applicable provisions of CEQA have been complied with, that the applicant has designed the project to site residential uses in a way that are compatible with the previous TM 6498/ZC #05-0298 approvals and the existing residential land uses in the surrounding area, and that the proposal sufficiently demonstrates compliance with the

KP | S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Staff Report.Docx Page 8 necessary findings. Additionally, as conditioned, the project will be developed in compliance with the applicable regulations.

Overall Recommendation. Based on the foregoing, Staff concludes the request sufficiently demonstrates compliance with the necessary findings and, therefore, recommends your Commission approve the Resolution and suggested findings approving Planned Development Review No. #18-0065 as depicted in the project description and subject to the listed mitigation/conditions of approval.

ATTACHMENTS:

A. Draft Resolution Exhibits: 1. Conditions 2. Location Map 3. Elevations and Floorplans

B. Applicant email and public comments received C. Chapter 17.52 (Planned Unit Development Zone)

KP | S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Staff Report.Docx Page 9 RESOLUTION NO.______

RESOLUTION OF THE PLANNING COMMISSION APPROVING REVISED PLANNED DEVELOPMENT REVIEW TO ALLOW FOORPLANS AND ELEVATIONS ON 4,000 SQUARE FOOT MINIMUM LOT SIZE WITHIN THE BOUNDARIES OF TRACT MAP 6498 AND VESTING TENTATIVE TRACT MAP 7337 IN A PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, LOCATED AT THE SOUTHEAST CORNER OF PANORAMA DRIVE AND CITY HILLS DRIVE IN NORTHEAST BAKERSFIELD. (FILE NO. 18-0065)

WHEREAS, K. Hovnanian Homes filed an application with the City of Bakersfield Development Services Department requesting approval of a revised Planned Development to allow additional floorplans and elevations on 4,000-square foot minimum lot size within the boundaries of Tract Map 6498 and Vesting Tentative Tract Map 7337 in a PUD (Planned Unit Development) zone district, at the southeast corner of Panorama Drive and City Hills Drive in northeast Bakersfield (Exhibit A-2); and

WHEREAS, said project was referred back to staff by the Planning Commission at the July 6, 2018 and the December 6, 2018 Planning Commission public hearings; and

WHEREAS, the Secretary of the Planning Commission did set Thursday, January 17, 2019, at 5:30 p.m. in the Council Chambers, City Hall South, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for consideration of the Planned Development Review; and

WHEREAS, the laws and regulations relating to the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and

WHEREAS, the above described project is exempt from the requirements of the California Environmental Quality Act in accordance with State CEQA Guidelines Section 15061(b)(3); and

WHEREAS, at said public hearing held January 17, 2019, the Planned Development Review was duly considered and the Planning Commission found as follows:

1. All required public notices have been given. Hearing notices regarding the proposed project were mailed to property owners within 300 feet of the project area and published in a local newspaper of general circulation 10 days prior to the hearing.

2. The provisions of the California Environmental Quality Act (CEQA) have been followed.

3. Pursuant to State CEQA Guidelines Section 15061(b)(3), this request is exempt from the requirements of CEQA because it will not affect the environment.

4. The proposed development does not deviate from the intent and purpose of the PCD Zone district.

5. The proposed development will constitute a land use of sustained desirability and stability, and it will compliment and harmonize with the character of the

surrounding neighborhood and community.

6. The proposed preliminary development plan is consistent with the Metropolitan Bakersfield General Plan and the objectives of Title 17 of the Bakersfield Municipal Code.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD as follows:

1. The recitals above are true and correct and incorporated herein by this reference.

2. The project is exempt from CEQA.

3. Planned Development Review No. 18-0065, as delineated in attached Exhibit A-2 (Location Map) and Exhibit A-3 (Elevations), is hereby approved, subject to the mitigation/conditions of approval contained in Exhibit A-1.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on January 17, 2019, on a motion by Commissioner ______and seconded by Commissioner ______, by the following vote.

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED

______DANIEL CATER, CHAIR City of Bakersfield Planning Commission

Exhibits: A-1. Mitigation Measures/Conditions of Approval A-2. Location Map A-3. Elevations/Floorplans

EXHIBIT “A-1” PUD ZONE CHANGE # 18-0065 CONDITIONS OF APPROVAL

CITY ATTORNEY

1. 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.

The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party.

PLANNING

2. Homeowners association or entity approved by City Attorney shall be required to maintain all private common area landscaping and landscape/open space lots. C C & R’s and HOA documents shall be submitted and approved by the City Attorney and Planning Director prior to issuance of a building permit.

3. All development shall be consistent with approved Tract Map 6498 and Vesting Tentative Tract Map 7337 and PUD Zone Change #08-0065 plans as conditioned unless changed in response to conditions as approved by the Planning Director and Public Works Director.

4. Lot sizes approved as shown on tentative map. No residential lot shall be less than 4,000 square feet.

5. Dwelling Unit Setbacks approved as follows, and the developer represents no further setback reductions are needed:

Front yard setback: 15-foot Rear yard setback: 15-foot Side yard setback: 5-feet, except where clear sight line is required (must comply with clear sight line ordinance).

By KP\S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Exh Con.doc 1/9/2019 Exhibit “A-1” PUD ZC 18-0065 Page 2 of 7

6. The perimeter walls adhere to the minimum City standard of using split face block on a maximum of 25% of the wall face for texture, requiring a manufactured cap on the wall. The ornamental iron wall plan for walls shall be maintained by the homeowners association.

7. Landscaping shall be required along the east boundary of Pilar Way on the landscape lots as shown within the tract boundary. Landscaping shall be maintained by the homeowners association.

MITIGATION MEASURES FROM CITY IN THE HILLS EIR (GPA/ZC 99-0647; Certified CC Resolution No.136-00 & 137-00; November 15, 2000; except as noted)

Aesthetic Impacts 8. Prior to the issuance of grading permits, the project applicant shall prepare landscape plans for the project area to provide visual relief from project structures.

9. Prior to the issuance of building permits, the project applicant shall outline specifications or outdoor lighting locations and other intensely lighted areas. The specifications shall identify minimum lighting intensity needs and design lights to be directed towards intended uses. Methods to reduce light impacts may include low-intensity light fixtures and hooded shields.

10. Prior to the issuance of building permits, the project applicant shall submit and obtain City approval of lighting plans. The lighting plans shall verify that outdoor lighting on private residences is designed so that all direct rays are confined to the site and that adjacent residences are protected from substantial light and glare.

Air Quality Impacts “Air Quality Impact Study for Tentative Tract 6406,” December 2004 by WZI, Inc.

Mitigation Measures for Construction Equipment Exhaust 11. The following mitigation measures should be utilized during the construction phase of the project to reduce construction exhaust emissions. These mitigation measures are stated in the GAMAQI guidance document as approved mitigation for construction equipment: • Properly and routinely, maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. • Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. • Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. • Use electric equipment for construction whenever possible in lieu of fossil fuel- fired equipment. • Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways.

By KP\S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Exh Con.doc 1/9/2019 Exhibit “A-1” PUD ZC 18-0065 Page 3 of 7

Mitigation Measures for Fugitive Dust Emissions 12. Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution Control District. The following mitigation measures, in addition to those required under Regulation VIII, can reduce fugitive dust emissions associated with these projects: • All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. • All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. • All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. • When materials are transported offsite, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. • All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden) • Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. • Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. • Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. • Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. • Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). • Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site. • Implementation of carryout/trackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVUAPCD Regulation VIII.

Biological Impacts Special Status Species 13. Prior to the issuance of a grading permit, the project applicant shall pay a development fee in accordance with the Metropolitan Habitat Conservation Plan (MBHCP).

By KP\S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Exh Con.doc 1/9/2019 Exhibit “A-1” PUD ZC 18-0065 Page 4 of 7

14. Prior to the issuance of a grading permit on the project site, the project proponent shall comply with all appropriate terms and conditions of the MBHCP. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: a) A preconstruction survey shall be conducted prior to site grading to search for active kit fox dens. The survey shall be conducted not more than 30 days prior to the onset of construction activities in areas subject to development to determine the necessity of den excavation. b) Monitoring and excavation of each known San Joaquin kit fox den which cannot be avoided by construction activities shall occur. c) Notification of wildlife agencies of relocation opportunity prior to ground disturbance in areas of known kit fox dens shall be provided. d) Excavations shall either be constructed with escape ramps or covered to prevent kit fox entrapment. All trenches or steep-walled excavations greater than three feet shall include escape ramps to allow wildlife to escape. Each excavation shall contain at least one ramp, with long trenches containing at least one ramp every ¼ mile. Slope of ramps shall be no steeper than 1:1. e) All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. f) All employees, contractors, or other persons involved in the construction of the project shall attend a “tailgate’ session informing them of the biological resource protection measures that will be implemented for the project. The orientation shall be conducted by a qualified biologist and shall include information regarding the life history of the protected species, reasons for special status, a summary of applicable environmental law, and measures intended to reduce impacts. g) All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit fox or other animals.

15. Prior to ground disturbance, the developer shall have a qualified biologist survey the project location for blunt nose leopard lizard. Survey protocol shall be recommended by the California Department of Fish and Wildlife. If present, avoidance and monitoring plan for blunt-nosed leopard lizard may need to be prepared and implemented, typically in close coordination with CDFW and USFWS. Developer shall be subject to additional mitigation measures recommended by the qualified biologist. A copy of the survey shall be provided to the Development Services Department prior to ground disturbance.

Because “take” of blunt-nosed leopard lizards is also currently prohibited by Section 5050 of the California Fish and Wildlife Code, additional mitigations are necessary in addition to those required by the MBHCP. The following measures are recommended to comply with Section 5050:

By KP\S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Exh Con.doc 1/9/2019 Exhibit “A-1” PUD ZC 18-0065 Page 5 of 7

a) Surveys for blunt-nosed leopard lizards shall be conducted following CDFW protocols. These surveys should be conducted between April 15 and June 30 under the specified time and temperature conditions. This survey is necessary to determine the current status of blunt-nosed leopard lizards on the project site. b) If blunt-nosed leopard lizards are detected, the applicant shall submit methods for compliance with Fish and Wildlife Code Section 5050 to CDFW for review and approval.

Note: Studies for blunt-nosed leopard lizard are valid for one year.

Raptor Nest Disturbance 16. Prior to the issuance of a grading permit, the project applicant shall comply with the following raptor nest mitigation: a) If site grading is proposed during the raptor nesting season (February- September), a focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. b) If construction is proposed to take place during the raptor nesting/breeding season (February – September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Any nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October- January). c) Preconstruction surveys shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside of breeding season (September 1 through January 31), passive and/or active relocation efforts may be undertaken if approved by CDFG and USFWS. If active burrowing owl burrows are detected during breeding season (February 1 through August 31), no disturbance to these burrows shall occur without obtaining appropriate permitting through the Migratory Bird Treaty Act.

Sensitive Habitat/Jurisdictional Areas 17. A formal jurisdictional delineation will be conducted. If project development would impact jurisdictional areas, a Clean Water Act, Section 404 permit from USACE and/or a CDFG Section 1601 Streambed Alteration Agreement will be obtained from USACE and/or CDFG respectively prior to the issuance of a grading permit and/or approval of plans and specifications. USACE and CDFG typically require mitigation plans to be prepared prior to the loss of habitat within jurisdictional areas.

Indirect Impacts 18. The following invasive exotic plants shall not be used in any project residential or commercial landscaping: tamarisk (all species) and pampas grass. In addition, vegetation at any ponds or water features shall be managed in a way such that none of the invasive exotic plants listed by the Department of Agriculture allowed to become established. Typical invasive exotic plants that can become problematic in this region include: water hyacinth and pampas grass.

By KP\S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Exh Con.doc 1/9/2019 Exhibit “A-1” PUD ZC 18-0065 Page 6 of 7

19. During construction, site boundaries shall be clearly marked with flagging, fencing, or other suitable material to prevent construction equipment and vehicles from impacting adjacent habitat areas potentially occupied by special status species.

Archaeological/Historical Resources 20. If cultural resources are unearthed during construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and recommend any necessary mitigation measures. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield Development Services Department.

Paleontological Resources 21. A paleontological monitoring program that includes the following measures shall be implemented to reduce potential impacts on the Sharktooth Hill bonebed. a) Prior to grading, a paleontologist shall be retained, attend a pre-grading meeting, and set forth the procedures to be followed during the monitoring program. b) One paleontological monitor that is trained and equipped to allow rapid removal of fossils with minimal construction delay is expected to be sufficient. Full-time monitoring of the portions of the project site that have earth-disturbing activities at elevations between 600 feet and 700 feet shall be provided. c) If fossils are found within an area being cleared or graded, earth-disturbing activities shall be diverted elsewhere until the monitor has completed salvage of the fossils. If construction personnel make the discovery, the grading contractor shall immediately divert construction and call the monitor to the site. Major salvage time may be shortened by grading contractor’s assistance (e.g., removal of overburden, lifting and removing large and heavy fossils). d) The project paleontologist shall prepare, identify, and curate all recovered fossils. Upon completion of grading, the project paleontologist shall prepare a summary report documenting mitigation and results, with itemized inventory of collected specimens. The paleontologist shall submit the report to the City of Bakersfield, designation depository, and any other appropriate agency, and transfer fossil collection to a depository within the City of Bakersfield or County of Kern. The summary report shall be submitted to the City. This submittal will signify completion of the program to mitigate impacts on paleontological resources.

Hazardous Materials 22. Prior to the issuance of grading permits, the grading plans shall specify that in the event that hazardous waste is discovered during site preparation or construction, the property owner/developer shall ensure that the identified hazardous waste and/or hazardous material is handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the California Administrative Code, Title 30, Chapter 22.

By KP\S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Exh Con.doc 1/9/2019 Exhibit “A-1” PUD ZC 18-0065 Page 7 of 7

23. The applicant shall handle and dispose of all hazardous materials and wastes during the operation and maintenance of facilities in accordance with state codes.

24. Prior to the issuance of grading permits, the grading plans shall specify that in the event that any abandoned or unrecovered oil wells are uncovered or damaged during excavation or grading, remedial plugging operations will be required.

25. No structures are to be located over a previously plugged or abandoned well.

Stormwater Drainage 26. Prior to the issuance of a grading permit, the project applicant shall submit drainage plans for the project site for review and approval by the City of Bakersfield. The drainage plans shall identify all necessary onsite and offsite drainage facilities to accommodate project-related as well as cumulative (in accordance with the existing General Plan) drainage volumes and velocities. Modifications to the existing PDA for the Breckenridge area will require an approval of an amendment to the PDA by the City of Bakersfield.

Water 27. Prior to the issuance of building permits, the project applicant shall coordinate with the California Water Company to establish precise locations for water distribution and storage facilities that would be constructed onsite and offsite to adequately serve each of the residential and non-residential water needs of the proposed site.

By KP\S:\TRACTS\7337\PUD 18-0065\PC Docs 3\Exh Con.doc 1/9/2019 SUNSET HILLS LN S L LEGEND P.U.D. L I R-1 R-1 H

P.U.D.BESANCON WAY 18-0065 G N (ZONE DISTRICTS) L N I

OSLO PL L HICKOK DR

O R RED P.U.D. R-1 One Family Dwelling Exhibit A-2 A GRATZ WAY N P.U.D. P.U.D. OLDHAM PL A HILLS LN 6,000 sq.ft. min lot size FRANCOIS LN R L BARCELONA DR CITRUS HILLS DR I

SAINT JOHN R-1-4.5 One Family Dwelling

C PRAGUE PL

I 4,500 sq.ft. min lot size

CITY OF BAKERSFIELDN T PL

W RA L Y I O H G EV PA E Estate

P A I TAGONIA

L N L

DR L A S W 10,000 sq.ft. min lot size STOCKHOLM ANCOLCHESTER AY

PL SC D O R P.U.D. T R-S Residential Suburban SANDWELL PL P.U.D. 24,000 sq.ft./dwelling unit

R P.U.D. WAY

D CALI R-S-( ) Residential Suburban PL A WAY P.U.D. P.U.D. M P.U.D. COCA TRAFFORD PL A WAY R-1 DUBOIS PL R R-1 ATAGONIA AY NO P A W R-1 1, 2.5, 5 or 10 min lot size PA S LTR U BA R-2 Limited Multiple Family Dwelling

R P.U.D. T P.U.D. 18-0065 4,500 sq.ft. min lot size (single family) P.U.D. E A N P 6,000 sq.ft. min lot size (multifamily) L D

TORREY HILLS PL PONTA PORA PL IL W 2,500 sq.ft. lot area/dwelling unit A R-1 Y BOGOTA R-3 Multiple Family Dwelling P.U.D. PL R Y D 6,000 sq.ft. min lot size Y A A Y A N 1,250 sq.ft. lot area/dwelling unit W ASUNCION PL A A RIATA LN W G T L P.U.D. O N R-1 O W U UN-NAMED O A O R-4 High Density Multiple Family Dwelling I Z P.U.D. G R C A M S R-1 A N N R-1 Z A N O E D 6,000 sq.ft. min lot size U A T T O O P.U.D. P S R-1 C A P R-1 I O L M MITU S W WAY T V 600 sq.ft. lot area/dwelling unit OPORTO WAYR-1 P O AY MON WA TEVIDEO PL P.U.D. Y R-H Residential Holding A Y R M P A R-1 T E A 20 acre min lot size E D R-1 YS W S I AN R A N OU A R-1 A Agriculture N A P.U.D. W IL O LN KUM AY P 6,000 sq.ft. min lot size C A WAY R T L A-20A Agriculture O IM CORDONATA WAY S AC SENTORI CT A R-1 AY HE 20 acre min lot size D R-1 W PL O N PUD Planned Unit Development

R-1 MASTERSON ST C Y O M T A N EN TT Travel Trailer Park W C IG DO O O V R-1/P.U.D. ZA S W R A P DI D L MH Mobilehome R-1 A A O PAR Y B C-O Professional and Administrative Office A P.U.D. QU R-1 LARTI PL IT O P E C-1 Neighborhood Commercial GARDEN PARK DR LAVRAS WAY L R IN C-2 Regional Commercial D L R-1 OS S C-C Commercial Center L CICADA DR N C-B Central Business IL GIVERNY A H L PCD Planned Commercial Development Y P.U.D. WAY P IT P.U.D. R M-1 Light Manufacturing CITY IN THE C I D C-2 MENTON LN L HILLS PARK BO C R-2/P.U.D. M-2 General Manufacturing THICKET O I AURORAB WAY F WAY I M-3 Heavy Industrial R ROSE ARBOR LN S D C P Automobile Parking OS VILLAGE GREEN LN E H M P NIS RE Recreation SPA S R-1 DR Ch Church Overlay CH 8 AR 7 OS Open Space T ON R M 1 E TOPIARY DR HOSP Hospital Overlay W L

A L GOSSIMER R-1 I Y S ESTUARY R AD Architectural Design Overlay P.U.D. S C-2 DR WAY LN FP-P Floodplain Primary W CHAMOMILE P.U.D. VIE R-1 FP-S Floodplain Secondary DEN R-2 R-1 R-2/P.U.D. GAR WAY AA Airport Approach

C DI Drilling Island A L A P S I N N L O N PE Petroleum Extraction Combining T RE L PE E S R T SC Senior Citizen Overlay I I R A C D R-1 E D D I HD Hillside Development Combining W TYD R A A R-1 Y K WM- West Ming Specific Plan

R-1 R-2 C-2 R-1 R-2 R-1

MOJAVE GAS PIPELINE Y 8 HW 17 MOUNTAIN AVE 178 RE

E D D R IS Feet OS R O O D TARINA HOMES C-2 N F R D N AT MESA MARIN C-2 R-3/P.U.D. D E E SPORTS COMPLEX C-1 R-1 B E 0 350 700 R R-1/P.U.D. OLD KERN CANYON RD SEEDLING WAY G OLD KERN CANYON RD Document Name: 2018_06_01pud Exhibit A-3

Elevations and Floorplans ROSEMARY LANTANA STREET SCENE 1 BAKERSFIELD, CALIFORNIA 01.31.2018 ROSEMARY LANTANA STREET SCENE 2 BAKERSFIELD, CALIFORNIA 01.31.2018 STREET SCENE 1

ROSEMARY LANTANA STREET SCENE 2 BAKERSFIELD, CALIFORNIA 01.31.2018 SERIES WIDTH 40'

LIV. SF: 1,688 SF OPTIONAL PLAN WIDTH: 40' COVERED PATIO 16'-0" x 8'-0" PLAN #: 4015 SCALE: 1/8" = 1'-0"

3X3 NAME: NA SOUTHERN CALIFORNIA DIVISION

LAUNDRY HOV VITAL STATS GARAGE HALL BEDROOM 3 BEDROOM 2 PWDR KITCHEN STORAGE BATH 2.5 OWNER'S WIC 10'-4" x 11'-8" CAR 2 SUITE L 14'-0" x 13'-6" CEILING 9' | 8' 21'-0" 5.5x3.5 P 30'-0" 28'-0" DINING AREA DN 13'-0" x 9'-6" OWNER'S HALL 2 CAR GARAGE ULT. SPA BATH 20'-1" x 20'-1" BATH 35'-0"

GREAT ROOM BEDROOM 3 15'-3" x 13'-5" 12'-11" x 11'-8"

UP 1016 SF 672 SF

COV'D 7'-0" ENTRY

1'-0"

PLAN 4015 | FLOOR PLANS ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 1 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH CONCRETE TILE ROOFS FLUSH RAKES WITH DECORATIVE GABLE VENT TILES ACCENT SHUTTERS

PLAN 4015 | SPANISH ELEVATION 'A' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 2 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH FLAT CONCRETE TILE ROOFS 12" RAKES WITH ACCENT RIDGE BEAMS SHUTTERS AND STONE ACCENTS

PLAN 4015 | CRAFTSMAN ELEVATION 'B' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 3 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND CONCRETE TILE HIP ROOFS 16" OVERHANGS ACCENT SHUTTERS

PLAN 4015 | ITALIANATE ELEVATION 'C' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 4 01.31.2018 SERIES WIDTH 40'

LIV. SF: 2,007 SF PLAN WIDTH: 40' PLAN #: 4016 SCALE: 1/8" = 1'-0" NAME: NA SOUTHERN CALIFORNIA DIVISION

VITAL STATS OPT. COVERED BEDROOM 4 PATIO BATH 2.5 17'-0" x 8'-0" CAR 2 CEILING 9' | 8' 3X3

LAUNDRY PAN HOV BEDROOM 4 BEDROOM 3 HALL DINING AREA KITCHEN 10'-8" x 10'-2" 11'-6" x 10'-2" 12'-0" x 11'-0" OWNER'S SUITE PWDR 14'-3" x14'-0"

UP 25'-0"

4X8.5 HALL BATH 32'-0" WIC 34'-0" 34'-0" O. SPA LIN BATH 2 CAR GARAGE 20'-1" x 20'-1"

DN BEDROOM 2 11'-6" x 10'-2"

1103 SF 904 SF COV'D 6'-0" ENTRY

PLAN 4016 | FLOOR PLANS ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 5 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH CONCRETE TILE ROOFS FLUSH RAKES WITH DECORATIVE GABLE VENT TILES ACCENT SHUTTERS

PLAN 4016 | SPANISH ELEVATION 'A' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 6 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH FLAT CONCRETE TILE ROOFS 12" RAKES WITH ACCENT RIDGE BEAMS SHUTTERS AND STONE ACCENTS

PLAN 4016 | CRAFTSMAN ELEVATION 'B' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 7 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND CONCRETE TILE HIP ROOFS 16" OVERHANGS ACCENT SHUTTERS

PLAN 4016 | ITALIANATE ELEVATION 'C' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 8 01.31.2018 SERIES WIDTH 40'

LIV. SF: 2,296 SF PLAN WIDTH: 40' OPT. COVERED OPT. COVERED PLAN #: 4013 PATIO PATIO SCALE: 1/8" = 1'-0" 40'-0"x8'-0" 20'-0"x8'-0" NAME: TBD

3X3 VITAL STATS BEDROOM 4 | 5 HOV HALL BATH 2.5 CAR 2 BEDROOM 4 DINING AREA CEILING 9' | 8' 10'-5"x11'-0" LOFT DEN / OPT. 13'-3"x11'-6" 9'-3"x11'-0" DN OPT. EXTENDED OWNER'S BEDROOM 5 LOFT 10'-8"x12'-6" OPTIONS SUITE PWDR PAN. "Y" +131 S.F. 15'-3"x16'-0" "Z" +131 S.F.

4x11.5 32'-0" 34'-8" LAUNDRY KITCHEN HALL ROOM BATH 35'-6" 39'-6"

O. SPA UP BATH 2-CAR GARAGE (OPT. LUX. BATH OPT. SEP. TUB & 20'-0"x21'-0" BEDROOM 3 SHOWN) SHOWER W/ WINDOW 10'-5"x12'-3" BEDROOM 2 12'-1"x11'-6"

WIC GREAT ROOM 15'-10"x14'-5"

1286 SF 1010 SF COVERED ENTRY

PLAN 4013 | FLOOR PLANS ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 9 01.31.2018 HALL

BEDROOM 5 10'-8"x12'-6" BA. 3 PAN.

20'-7 1/2" OPT. 3RD CAR 20'-0"x9'-8"

2'-0"

OPT. BEDROOM & BATH 3 OPT. 3RD CAR GARAGE

PLAN 4013 | OPTIONS ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 10 01.31.2018 OPT. 3RD CAR OPT. GAME RM. 12'-7"x20'-9" EXTENDED 32'-11"x9'-8"

33'-6" 33'-6"

OPT. 3RD CAR 20'-0"x9'-8"

2'-0" 2'-0"

10'-0" 10'-0"

"X" OPTIONAL 3-CAR "Y" OPTIONAL GAME ROOM & EXTENDED GARAGE 3-CAR GARAGE +131 S.F.

PLAN 4013 | OPTIONS ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 11 01.31.2018 BATH 3 OPT. ENSUITE 12'-7"x12'-0"

33'-6"

OPT. 3RD CAR 20'-0"x9'-8"

2'-0"

10'-0"

"Z" OPTIONAL ENSUITE & 3-CAR GARAGE +131 S.F.

PLAN 4013 | OPTIONS ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 12 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH CONCRETE TILE ROOFS FLUSH RAKES WITH DECORATIVE GABLE VENT TILES ACCENT SHUTTERS

PLAN 4013 | SPANISH ELEVATION 'A' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 13 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH CONCRETE TILE ROOFS FLUSH RAKES WITH DECORATIVE GABLE VENT TILES ACCENT SHUTTERS

PLAN 4013 SPANISH ELEVATION 'A' ROSEMARY LANTANA BAKERSFIELD, CALIFORNIA 14 SCALE: 1/8"=1'-0" OPTIONAL 3-CAR GRAGE 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH CONCRETE TILE ROOFS FLUSH RAKES WITH DECORATIVE GABLE VENT TILES ACCENT SHUTTERS

SPANISH ELEVATION 'A' PLAN 4013 ROSEMARY LANTANA OPTIONAL EXTENDED GARAGE / BAKERSFIELD, CALIFORNIA 15 SCALE: 1/8"=1'-0" GAME ROOM / ENSUITE 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH FLAT CONCRETE TILE ROOFS 12" RAKES WITH ACCENT RIDGE BEAMS SHUTTERS AND STONE ACCENTS

PLAN 4013 | CRAFTSMAN ELEVATION 'B' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 16 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH FLAT CONCRETE TILE ROOFS 12" RAKES WITH ACCENT RIDGE BEAMS SHUTTERS AND STONE ACCENTS

PLAN 4013 CRAFTSMAN ELEVATION 'B' ROSEMARY LANTANA BAKERSFIELD, CALIFORNIA 17 SCALE: 1/8"=1'-0" OPTIONAL 3-CAR GRAGE 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH FLAT CONCRETE TILE ROOFS 12" RAKES WITH ACCENT RIDGE BEAMS SHUTTERS AND STONE ACCENTS

CRAFTSMAN ELEVATION 'B' PLAN 4013 ROSEMARY LANTANA OPTIONAL EXTENDED GARAGE / BAKERSFIELD, CALIFORNIA 18 SCALE: 1/8"=1'-0" GAME ROOM / ENSUITE 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND CONCRETE TILE HIP ROOFS 16" OVERHANGS ACCENT SHUTTERS

PLAN 4013 | ITALIANATE ELEVATION 'C' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 19 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND CONCRETE TILE HIP ROOFS 16" OVERHANGS ACCENT SHUTTERS

PLAN 4013 ITALIANATE ELEVATION 'C' ROSEMARY LANTANA BAKERSFIELD, CALIFORNIA 20 SCALE: 1/8"=1'-0" OPTIONAL 3-CAR GRAGE 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND CONCRETE TILE HIP ROOFS 16" OVERHANGS ACCENT SHUTTERS

INTALIANATE ELEVATION 'C' PLAN 4013 ROSEMARY LANTANA OPTIONAL EXTENDED GARAGE / BAKERSFIELD, CALIFORNIA 21 SCALE: 1/8"=1'-0" GAME ROOM / ENSUITE 01.31.2018 SERIES WIDTH 50'

LIV. SF: 1,883 SF PLAN WIDTH: 50' OPT. COVERED PLAN #: 5010 PATIO SCALE: 1/8" = 1'-0" 18'-6"x8'-0" NAME: TBD

3X3 VITAL STATS BEDROOM 3 | 4 BATH 2 DINING AREA CAR 2 15'-3"x10'-0" CEILING 8' OWNER'S *VAULT AT GREAT ROOM SUITE GREAT ROOM & OWNER'S SUITE 14'-4" x 16'-6" 19'-6"x18'-6"

8x3.5

KITCHEN OPT. CABS P O. SPA BATH WIC 48'-0" LAUNDRY OPT. DROP BEDROOM 2 11'-6"x10'-4"

HALL BATH FOYER DEN / OPT. OPT. 2-CAR GARAGE BEDROOM 4 20'-1"x20'-1" BEDROOM 4 10'-1"x12'-4" 10'-1"x10'-0"

BEDROOM 3 11'-6"x10'-4" COVERED ENTRY

OPTIONAL BEDROOM 4

ROSEMARY LANTANA BAKERSFIELD, CALIFORNIA 22 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH CONCRETE TILE ROOFS FLUSH RAKES WITH DECORATIVE GABLE VENT TILES ACCENT SHUTTERS

PLAN 5010 | SPANISH ELEVATION 'A' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 23 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH FLAT CONCRETE TILE ROOFS 12" RAKES WITH ACCENT RIDGE BEAMS SHUTTERS AND STONE ACCENTS

PLAN 5010 | CRAFTSMAN ELEVATION 'B' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 24 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND CONCRETE TILE HIP ROOFS 16" OVERHANGS ACCENT SHUTTERS

PLAN 5010 | ITALIANATE ELEVATION 'C' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 25 01.31.2018 SERIES WIDTH 50'

OPT. COVERED LIV. SF: 2,023 SF PATIO PLAN WIDTH: 50' 15'-0"x8'-0" PLAN #: 5011 SCALE: 1/8" = 1'-0" NAME: TBD

VITAL STATS BEDROOM 4 BATH 2 OWNER'S DINING AREA CAR 2 SUITE GREAT ROOM CEILING 9' 17'-8"x15'-1" 10'-7"x15'-1" 20'-10""x14'-2" *VAULT AT GREAT ROOM & OWNER'S SUITE

O. SPA BATH 3.5x8 KITCHEN OPT. WIC CABS PANTRY 47'-0"

52'-0"

HALL LAUNDRY BATH BEDROOM 2 10'-0"x10'-6" 2-CAR GARAGE L 20'-0"x20'-6" FOYER

BEDROOM 3 BEDROOM 4 / 10'-0"x11'-0" OPT. DEN 12'-6"x10'-0" COVERED ENTRY

1'-0"

PLAN 5011 | FLOOR PLANS ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 26 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH CONCRETE TILE ROOFS FLUSH RAKES WITH DECORATIVE GABLE VENT TILES ACCENT SHUTTERS

PLAN 5011 | SPANISH ELEVATION 'A' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 27 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND PROMINENT GABLES WITH FLAT CONCRETE TILE ROOFS 12" RAKES WITH ACCENT RIDGE BEAMS SHUTTERS AND STONE ACCENTS

PLAN 5011 | CRAFTSMAN ELEVATION 'B' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 28 01.31.2018 LEFT ELEVATION FRONT ELEVATION

RIGHT ELEVATION REAR ELEVATION STYLE LEGEND CONCRETE TILE HIP ROOFS 16" OVERHANGS ACCENT SHUTTERS

PLAN 5011 | ITALIANATE ELEVATION 'C' ROSEMARY LANTANA SCALE: 1/8"=1'-0" BAKERSFIELD, CALIFORNIA 29 01.31.2018 Exhibit B

Applicant Email and Public Comments Received From: Rosene, Mark To: Kristin Pittack Cc: Sergent, Richard; Jennie Eng Subject: Rosemary Lantana Date: Wednesday, June 27, 2018 4:21:13 PM Attachments: image001.png RE EXT Re External message Re HOA Meeting.msg

Kristin:

It was a pleasure to meet with you in person yesterday. Thank you for taking the time in the morning to go over the community and recent HOA meeting interaction with me.

Attached is an email and response to comments from the HOA in early June. As you know, K. Hovnanian has been meeting with the HOA board of directors since December 2017 to engage the HOA and keep them in the loop on our proposal to move forward with Rosemary Lantana.

During the recent meeting on June 25th at the pool in the Rosemary Lantana property there were only 2 issues that a member of the board and a homeowner in the community expressed concern.

1. The HOA pool is an active amenity and during peak summer months is widely used. Two people as I mentioned before expressed the need for another pool complex in the community. I explained that another pool complex is not viable. These members mentioned their desire to request an additional pool facility at Planning Commission. While the financial burden of this amenity is not likely a concern for staff or the Planning Commission, it would not be in substantial conformance for the existing or proposed mapping. These members were not as much concerned with the 52 homes in Tract 6498-1 as they were with the additional 254 of Tract 7337. The financial burden of losing several lots and design and construction of a new pool facility is a financial non-starter for K. Hovnanian and not an option we support.

2. Several members of the HOA asked that we install standard grass parkways in the remaining 52 homes of Tract 6498-1 and allow front yards to have a large percentage of turf in conflict with recent state and local requirements for low water usage. K. Hovnanian has already started the design of the typical front yards and model complex in conformance with the new state and local standards and ordinances required for low water usage. Should the Planning Commission desire for us to modify those plans we are open to this option.

During our many meetings with the community there has been support for our efforts to move forward and for the architecture and phased development map we are proposing. We would like to continue with our submittal to the city and Planning Commission as is.

Mark Rosene Director of Land Planning

K. Hovnanian® Homes 400 Exchange, Suite 200 Irvine, CA 92602

T 714-368-4538 • M 949-734-9981 • khov.com

Kristin Pittack

From: Rosene, Mark Sent: Friday, June 01, 2018 3:04 PM To: Victoria Eccleston Cc: marion apellido; Sergent, Richard Subject: RE: [EXT] Re: [External message] Re: HOA Meeting

Victoria:

Thank you for the response and communication of some concerns described by the homeowners in Rosemary Lantana.

I hope we will have the opportunity to address the board again at your next meeting this month. If you could please add us to the agenda we will be in attendance which I believe is June 25th at the K. Hovnanian Four Seasons Pool deck at 5PM. In response to the comments described in your email I have copied them and responded below in BLUE.

 Because the price point was not discussed there is concern that the price point of the new construction could bring home values down. The pricing for this community has not been set and is subject to the marketplace when we open for sale (anticipated early 2019). I can assure you that K. Hovnanian will be pushing to obtain the highest pricing the market will accept. K. Hovnanian and the community have a shared desire to obtain the highest price possible and we appreciate your support to make the project possible.  The new construction appears to be 500+ square feet smaller than the current construction and amenities that were offered during the initial construction are no longer offered or may be offered as upgrades (new homeowners may be less likely to opt for the upgrades). New architecture has been designed to accommodate the marketplace. The original square footage for Rosemary Lantana started with a single story at 1,639 square feet. Our proposed smallest single story is 1,883 square feet. Our smallest home is a two story 1,688 square feet. The largest home in the existing community was a base square footage of 2,726 square feet up to 3,296 square feet and required the purchase of an optional bonus room and loft. In contrast, our largest proposed home has a base square footage of 2,296 square feet with an option for a 3rd car and bonus room configurations up to 2,427 square feet. K. Hovnanian offers a wide selection of options that cater to the needs of the buyer and the marketplace will define what those buyers purchase. Our standard cabinets, countertops, and flooring are high quality and our commitment to quality craftsmanship remains above industry standard.  There were concerned that with smaller phases, if the homes do not see at the price point or rate that K. Hov. is anticipating, that you will simply pull out of the development again and they will be once again left with a half built out neighborhood. K. Hovnanian is committed to completing the remaining 52 homes in the first phase of the community and again we request your support of the project to make that a reality. This will fill the current voids in the existing community. The remaining 254 homes in the community are a part of proposed Tract 7337 and are approximately half owned by K. Hovnanian. Tract 7337 is a revision to existing tract 6498‐2 where smaller phases allow development phasing that the current map does not. This is beneficial to the community and K. Hovnanian to support future development of the community.  There was concern that the amount of residents that are planned for the development will be too many for the occupancy of the pool/ amenities. The project amenities were designed to accommodate the overall project. With the addition of the next 52 homes there will be a decrease in HOA dues and an incremental increase in use of the facilities. With the addition of the remaining 254 homes the paseo will be completed creating a walkable connection to the existing park and pool facility. The paseo is phased to accommodate the addition of each development phase in the community.  There was concern that the ingress and egress would be tight after the community is built out with only one additional entry added. The original project was designed to accommodate the traffic patterns of the entire community. The additional entrance at Kuma Way will be opened as soon as possible in future Phase 4. The

1 development phases of Tract 7337 are designed to create the least impact to the existing community and open the 3rd entrance on Kuma Way as soon as possible.

We look forward to meeting with you this month (please confirm date and location).

Please let us know if you have any questions.

Mark Rosene Director of Land Planning

K. Hovnanian® Homes 400 Exchange, Suite 200 Irvine, CA 92602

T 714‐368‐4538 • M 949‐734‐9981 • khov.com

From: Victoria Eccleston [mailto:[email protected]] Sent: Thursday, May 10, 2018 5:37 PM To: Rosene, Mark Cc: marion apellido ; Sergent, Richard Subject: Re: [EXT] Re: [External message] Re: HOA Meeting

This message originated from outside your organization. Please check before clicking links, opening attachments or replying.

Good afternoon Richard,

I apologize, I wrote this email abut I don't know why I didn't send it?? There were definitely a handful of concerns, most were regarding the quality of the new construction versus the current homes. The main/majority of them were as follows:

 Because the price point was not discussed there is concern that the price point of the new construction could bring home values down.  The new construction appears to be 500+ square feet smaller than the current construction and amenities that were offered during the initial construction are no longer offered or may be offered as upgrades (new homeowners may be less likely to opt for the upgrades).  There were concerned that with smaller phases, if the homes do not see at the price point or rate that K. Hov. is anticipating, that you will simply pull out of the development again and they will be once a gain left with a half built out neighborhood  There was concern that the amount of residents that are planned for the development will be too many for the occupancy of the pool/ amenities.  There was concern that the ingress and egress would be tight after the community is built out with only one additional entry added.

I hope that this helps.

Respectfully,

Victoria Eccleston, ARM®, CCAM® Eccleston & Associates, Inc. 4805 Centennial Plaza Way #200 Bakersfield, CA 93312 BRE License No. 01731443 Phone: 661-864-8805 Fax: 661-568-0022

On Tue, Apr 24, 2018 at 4:28 PM, Rosene, Mark wrote:

Thank you Marion.

Victoria – Can you please provide us with the concerns of the community?

Mark Rosene

Director of Land Planning

K. Hovnanian® Homes

400 Exchange, Suite 200

Irvine, CA 92602

T 714‐368‐4538 • M 949‐734‐9981 • khov.com

From: marion apellido [mailto:[email protected]] Sent: Tuesday, April 24, 2018 12:19 PM To: Sergent, Richard Cc: Rosene, Mark ; Victoria Eccleston Subject: [EXT] Re: [External message] Re: HOA Meeting

3 This message originated from outside your organization. Please check before clicking links, opening attachments or replying.

Richard

Notice was sent to all association members that the meeting was being held by the pool. Please direct future meeting inquiries to our Property Manager, Victoria Eccleston (copied on this email). I am sure you probably also already have her phone number.

Our next meeting is June 25th, at 5:30pm, by the pool.

However, some concerns about the development plans were discussed, please follow up with Victoria to address.

Thank you

Marion D. Apellido

On Monday, April 23, 2018, 5:53:00 PM PDT, Sergent, Richard wrote:

Good evening Marion,

I stopped by the Four Season Lodge to attend the HOA but there seams to be no one here. Was the meeting moved to another date or is it held some where else now? Look forward to continuing our updates with all the board members and community members as we work through our approvals.

Thanks,

Richard Sergent 4 Community Manager

K. Hovnanian® Homes 400 Exchange, Suite 200 Irvine, Ca 92602

T 714-368-4536 • M 949-285-1851 •khov.com/socal

On Apr 3, 2018, at 10:15 AM, marion apellido wrote:

This message originated from outside your organization. Please check before clicking links, opening attachments or replying.

Hello

It is on April 23rd at 5:30 pm

Sent from Yahoo Mail on Android

On Tue, Apr 3, 2018 at 8:38 AM, Sergent, Richard

wrote:

Good morning Marion,

Hope you are doing well. When you get a quick moment can you please let me know when the next HOA meeting is.

Thanks,

Richard Sergent

Community Manager

K. Hovnanian® Homes

5 400 Exchange, Suite 200

Irvine, CA, 92602

T 949‐368‐4500 • M 949‐285‐1851 • khov.com

Exhibit C

Chapter 17.52 | Planned Unit Development Zone Bakersfield Municipal Code - Title 17, Zoning Ordinance P.U.D. Zone

Chapter 17.52

P.U.D. PLANNED UNIT DEVELOPMENT ZONE

Sections:

17.52.010 Intent and purpose 17.52.020 Uses permitted 17.52.030 Application 17.52.040 Rezoning procedure 17.52.050 Final development plan 17.52.060 Latitude of regulations 17.52.070 Required findings 17.52.080 Expiration of zone or plans 17.52.090 Minimum site area 17.52.100 Residential density 17.52.110 Modifications to approved preliminary and final development plans 17.52.120 Maintenance of common areas and non-dedicated improvements and facilities

October, 2008 Chapter 17.52, Page 1 Bakersfield Municipal Code - Title 17, Zoning Ordinance P.U.D. Zone

17.52.010 INTENT AND PURPOSE.

It is recognized that an integrated development provides an opportunity for creative design when flexible regulations are applied. The planned unit development zone is intended to allow for innovative design and diversification in the relationship of various uses, buildings, structures, lot sizes and open space while ensuring substantial compliance with the General Plan and the intent of the Municipal Code. In addition, the development would provide adequate standards necessary to satisfy the requirements of the public health, safety and general welfare. This zone is not to be used to restrict residential development or to compromise other zoning districts that may be more appropriate for a site. Instead, it enables a developer to obtain approval of a specific, detailed plan for a residential neighborhood which ensures that the uniqueness of the project design is preserved. These standards shall be observed without unduly inhibiting the advantages of modern site planning techniques and innovative planning of residential neighborhoods. Land may be classified as being solely within a P.U.D. zone (exclusive zone), or the P.U.D. zone may be used as a combining zone in a R-1, R-2, R-3 or R-4 zone to assign a base zone defining allowable uses and ensure future site development will be compatible with surrounding development and/or to recognize unique site characteristics.

17.52.020 USES PERMITTED.

A. Uses permitted in a P.U.D. zone used as a combining zone are those uses permitted by the base zone with which the P.U.D. zone is combined.

B. Uses for land classified as being within a P.U.D. zone are as follows:

1. One-family dwellings. 2. Multiple-family dwellings. 3. Condominiums. 4. Cluster developments. 5. Parks and playgrounds, public and/or private. 6. Commercial uses, when the Planning Commission finds that such uses are incidental to, and compatible with, the nature and type of development proposed. 7. Real estate tract sales offices and model homes pursuant to the provisions of Section 17.10.020 H. 8. Uses and structures which are incidental or accessory to any of the uses permitted in P.U.D. zones. 9. Churches. 10. Schools, public and/or private.

October, 2008 Chapter 17.52, Page 2 Bakersfield Municipal Code - Title 17, Zoning Ordinance P.U.D. Zone

11. Golf courses, including associated clubhouse and driving range. 12. Tennis courts, including associated clubhouse. 13. Swimming pools. 14. Equestrian facilities. 15. Hiking, bicycle and equestrian trails. 16. Open space areas including natural and wildlife areas. 17. Home occupations, as defined in Section 17.04.330 and in compliance with the provisions of Chapter 17.63.

C. The permitted uses may be allowed in combinations in this zone, provided such use or uses are in harmony with each other and serve to fulfill the function of the planned unit development.

17.52.030 APPLICATION.

A. When the P.U.D. zone is to be assigned as an exclusive zone classification, the zone change application shall include the following:

1. A preliminary development plan, drawn to scale, which shall be at the minimum scale indicated and include all the information as required for site plan review pursuant to Section 17.08.080 A.3. The number and type of plans shall be as follows:

a. Eight (8) copies at scale of all plans submitted. b. One (1) copy of each plan reduced to a size of 8½" x 11". c. One (1) color rendition at scale of the site/landscape plan, and elevation.

2. A statement of reasons for including any commercial uses in the development.

3. A statement concerning any proposal to locate public, quasi-public, recreational and educational areas within the development, including size, estimated employment, anticipated financing, development and maintenance.

4. Residential density of the subject area including the estimated population.

5. If commercial uses are proposed, indicate building sizes, signs, and estimated employment.

6. A completed zone change application on such forms as provided by the City, signed by the owner in fee of the subject land and the owner of any option to purchase the property or any portion thereof, if any.

October, 2008 Chapter 17.52, Page 3 Bakersfield Municipal Code - Title 17, Zoning Ordinance P.U.D. Zone

7. A statement indicating procedures and programming for the development and maintenance of semipublic or public areas, buildings and structures.

8. A statement indicating the stages of development proposed for the entire development.

9. Any additional information, plans, drawings, elevations, photos, diagrams and improvements as may be required by the Planning Director to adequately review the project.

B. When the P.U.D. zone is used as a combining zone, the zone change application is not required to include development plans. Development plans as indicated in subsections A.1 through A.5 and A.7 through A.9 shall be required prior to approval of a subdivision map pursuant to Section 16.28.170 O. or prior to the issuance of a building permit as appropriate, and shall be considered at an advertised public hearing before the Planning Commission. A complete application and fee shall be required. The application and fee shall be the same as that for a site plan review hearing. The hearing shall constitute the review and approval of the preliminary development plans. Modification to approved plans will be subject to the provisions set forth in 17.52.100.

C. When the P.U.D. zone is used as a combining zone, approval of the development plans by the Planning Commission is final. If appealed, development plans shall be presented to the City Council for final action at a noticed public hearing in accordance with Section 17.64.050 B.

17.52.040 REZONING PROCEDURE.

An application shall be processed as follows:

A. Pursuant to Chapter 17.64 of this code regarding zone changes.

B. If the application is approved by the City Council, the zoning map of the area shall be changed by identifying the area with the map symbol P.U.D. If the P.U.D. zone is approved as a combining zone, the base zone shall be identified, followed by the map symbol P.U.D. (Example: R-2/P.U.D.)

C. The preliminary development plan as approved, shall be filed with the City and shall, by reference, be incorporated into and thereby become part of the zoning ordinance of the City.

October, 2008 Chapter 17.52, Page 4 Bakersfield Municipal Code - Title 17, Zoning Ordinance P.U.D. Zone

D. After the effective date of the ordinance change to the P.U.D. zone, no building or structure shall be erected, moved or altered on the subject property except when in compliance with the final development plan as approved by the Site Plan Review Committee.

17.52.050 FINAL DEVELOPMENT PLAN.

A. Contents. The final development plan shall be drawn to the same scale and include the information as required for a preliminary development plan, together with any modifications or conditions that were required by the Planning Commission and City Council.

B. Procedure. The final development plan shall be submitted and processed the same as required for a final site plan pursuant to Section 17.08.080 B.5. The Site Plan Review Committee shall review the plan for substantial compliance with the approved preliminary plan and satisfaction of all conditions set forth in the City Council's final decision. In instances where the Planning Commission desires to review the final development plan, they may place a condition on the project requiring said plan to be brought back before them for review and approval.

17.52.060 LATITUDE OF REGULATIONS.

In the approval of PUD plans, the Planning Commission or City Council may approve or require in the final development plan, standards, regulations, limitations and restrictions either more or less restrictive than those specified elsewhere in the Municipal Code and which are designed to protect and maintain property values and provide or protect community amenities in the subject community, which would foster and maintain the health, safety and general welfare of the community, including and relating to but not limited to the following:

A. Height limitations or any bulk requirements on buildings and structures, lot and yard requirements, and distances between buildings.

B. Percent coverage of land by buildings and structures.

C. Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area.

D. The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets.

October, 2008 Chapter 17.52, Page 5 Bakersfield Municipal Code - Title 17, Zoning Ordinance P.U.D. Zone

E. Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscaping plan.

F. Construction of fences, walls and floodlighting of an approved design.

G. Limitations upon the size, design, number, lighting and location of signs and advertising structures.

H. Arrangement and spacing of buildings and structures to provide appropriate open spaces around same.

I. Location and size of off-street loading areas and docks.

J. Uses of buildings and structures by general classifications, and specific designation when there are unusual requirements for parking; or when use involves noise, dust, odor, fumes, smoke, vibrations, glare or radiation incompatible with present or potential development of surrounding property.

K. Architectural design of buildings and structures.

L. Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or any stage of development thereof.

M. Requiring of performance bonds to insure development as approved.

N. Any additional improvements and dedications reasonably necessary to fulfill public needs for the general health, safety and welfare of the neighborhood and the City.

17.52.070 REQUIRED FINDINGS.

In approving and adopting the rezoning application with the preliminary development plan, the Planning Commission and City Council shall find the following:

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

October, 2008 Chapter 17.52, Page 6 Bakersfield Municipal Code - Title 17, Zoning Ordinance P.U.D. Zone

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.

17.52.080 EXPIRATION OF ZONE OR PLANS.

A. When the P.U.D. zone is assigned as an exclusive zone, the following shall apply:

1. The applicant shall commence construction no later than 3 years from the effective date of the zone change. If, within such period, the construction specified in the approved preliminary development plan has not been commenced, the Planning Director shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.U.D. zone or if additional time is necessary to be conditioned in order to commence construction of the project. Initiation of a zone change to rescind the P.U.D. zone, or to change any conditions of approval including those extending time periods, shall be subject to the provisions of Section 17.64.070 of this code.

2. If a certificate of occupancy has not been issued for a substantial portion of the dwelling units or other structures in the first phase of a P.U.D. zone within 5 years of the effective date of the P.U.D. zone as determined by the Planning Director, he/she shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.U.D. zone or if additional time is necessary to be conditioned for the project to be completed. Initiation of a zone change to rescind the P.U.D. zone, or to change any conditions of approval including those extending time periods, shall be subject to the provisions of Section 17.64.070 of this code.

3. Where the first phase is substantially developed and the remaining phases are undeveloped or in various stages of development and 5 years have lapsed since the effective date of the P.U.D. zone as determined by the Planning Director, he/she shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.U.D. zone for the area containing the uncompleted phases or if additional time is

October, 2008 Chapter 17.52, Page 7 Bakersfield Municipal Code - Title 17, Zoning Ordinance P.U.D. Zone

necessary to be conditioned for the project to be completed. Initiation of a zone change to rescind the P.U.D. zone, or to change any conditions of approval including those extending time periods, shall be subject to the provisions of Section 17.64.070 of this code.

B. When the P.U.D. zone is used as a combining zone, no status review or other modification shall be required. Approved preliminary plans shall be subject to the same time periods as an approved site plan (Section 17.08.080 D.). If more than one preliminary development plan is approved for the site, the most recent approval shall supersede all previously approved plans.

17.52.090 MINIMUM SITE AREA.

The minimum area for a P.U.D. zone shall be 1 acre.

17.52.100 RESIDENTIAL DENSITY.

Open area and density per dwelling unit shall be as shown on the final development plan for the particular P.U.D. zone as approved by the Planning Commission and the City Council. The permitted number of dwelling units may be distributed within the planned residential development zone in accordance with the conditions and terms established pursuant to this chapter consistent with the density standard of the applicable land use designation of the General Plan.

17.52.110 MODIFICATIONS TO APPROVED PRELIMINARY AND FINAL DEVELOPMENT PLANS.

A. An approved preliminary development plan may be modified by submitting an application for such modification according to the same procedure as is required in the initial review and approval of said plan.

B. The flexibility of code requirements ordinarily required in other districts permitted in any initial approval of a P.U.D. zone shall not be considered as a precedent setting, or as a lone compelling reason for approving any modification.

C. Any application for a modification to an approved preliminary plan may be approved only after it has been found that it does not deviate from the intent and purpose of this zone and the required findings in Section 17.52.070 can be made.

October, 2008 Chapter 17.52, Page 8 Bakersfield Municipal Code - Title 17, Zoning Ordinance P.U.D. Zone

D. The Planning Director shall have the authority to administratively approve minor changes, modifications, alterations, deviations, or substitutions to an approved preliminary or final development plan with respect to colors, materials, architectural elevations, landscape plans and other physical changes of a similar nature provided any such change does not alter any use, environmental mitigation measure, condition of approval or substantially affect the basic character of architecture or the landscape architecture as established in the Planning Commission or City Council’s approval of the project. Such minor changes, modifications, alterations, deviations, or substitutions to an approved preliminary or final development plan shall be reported to the Planning Commission at its next regular meeting. At that time, the Planning Commission may accept the Planning Director’s report, may further modify the Planning Director’s approved changes or may direct staff to set the matter for hearing in accordance with the provisions of Chapter 17.64 of this code.

17.52.120 MAINTENANCE OF COMMON AREAS AND NON-DEDICATED IMPROVEMENTS AND FACILITIES.

A. All common areas, including open or green spaces, community recreation facilities, common walkways, parking areas, private streets, sidewalks, curbs and gutters and all improvements listed in Section 16.32.060 of the subdivision regulations of the City which are not dedicated and accepted, may be constructed only upon full and adequate provision for their preservation and future maintenance in a manner acceptable to the City.

B. Such provision may be satisfied by a declaration of covenants, conditions and restrictions duly signed and acknowledged by the owner; Articles of Incorporation to be filed with the Secretary of State forming a corporation or association, which shall include provision for empowering such entity created to own and maintain all the properties within its jurisdiction and to exercise the powers and duties of such entity to be fully set forth in the declaration; bylaws of the entity which shall set forth rules of membership, required fees and assessments to be used for maintenance purposes, membership rights and duties; and forms of deeds incorporating the declaration by reference to its recording data.

C. All documents must be referred to the City Attorney for review and have the approval of the Planning Director as to their sufficiency to accomplish their purpose.

D. The owners of the properties shall, as a condition of such ownership, be required to participate in the legal entity so formed and be responsible to said legal entity for the cost of performing the necessary maintenance.

October, 2008 Chapter 17.52, Page 9