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HomeMy WebLinkAboutRES NO 106-15RESOLUTION NO. 106- 1 5 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DENYING THE APPEALS AND APPROVING PLANNED DEVELOPMENT REVIEW NO. 15 -0053 FOR A 125,000- SQUARE FOOT RETAIL CENTER ON 14.65 ACRES IN A C -2- P.C.D. (REGIONAL COMMERCIAL ZONE - PLANNED COMMERCIAL DEVELOPMENT ZONE) DISTRICT LOCATED AT 1201 ALLEN ROAD. WHEREAS, Artisan Square Investments LLC filed an application with the City of Bakersfield Community Development Department requesting a planned development review for a 125,000- square foot retail center on 14.65 acres in a C -2- P.C.D. (Regional Commercial Zone - Planned Commercial Development Zone) district located at 1201 Allen Road (the "Project "); and WHEREAS, the Planning Commission determined that the Negative Declaration for Zone Change No. 07 -2041, adopted by the City Council on September 3, 2008, adequately addresses the potential environmental impacts of the Project; and WHEREAS, the Planning Commission held public hearings on April 16, 2015, and May 21, 2015, and approved Resolution No. 22 -15; and WHEREAS, appeals of the Planning Commission's decision to approve the Project were filed by Aneta Adams and Scott Lehman on June 1, 2015; and WHEREAS, the Clerk of the City Council set Wednesday, July 22, 2015, at 5:15 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 City Council to consider the appeals as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Planning Commission's deliberation and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 22 -15 are hereby adopted. 2. The Negative Declaration for Zone Change No. 07 -2041, adopted by the City Council on September 3, 2008, adequately addresses the potential environmental impacts of the Project. 3. The City Council hereby denies the appeals. 4. The Project is hereby approved subject to the conditions of approval and mitigation measures in Exhibit A and as shown in Exhibits B, C, and D, which are incorporated herein. Page 1 of 2 a40A KF9 T � m ORIGINAL - - - -- 000 - - -- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on AUG 12 2015 by the following vote: AYES' COUNCILMEMBER: RIVER A, MAXWELL, R ,HANON, SULLIVAN, SUL PAR NOES: COUNCIIMEMBER: AIOVIL COUNCIIMEMBER: SMI'PW ABSENT: COUNCILMEMBER: "OYIL� 4" A ROBERTA GAFFORD, C� CITY CLERK and Ex Off o Clerk of the Council of the City of Bakersfield APPROVED AUG 12 1015 -A 1114v/z, -- HARVEY L. HALL MAYOR of the City of Bakersfi d APPROVED as to form: VIRGINIA GENNARO City Attomey By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval /Mitigation Measures B Location Map C Preliminary Development & Landscape Plans D Building Elevations By: PH - S: \BZA SPR \Fortes \PUD_PCD \15-0053 \CC Res 15-0U53.doc Page 2 of 2 o�0AKF9� s � m U O ORIGINAL Exhibit A: Conditions of Approval /Mitigation Measures o40AKF9 T m U O ORIGINAL EXHIBIT A Planned Development Review No. 15 -0053 Conditions of Approval /Mitigation Measures CITY ATTORNEY 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 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. COMMUNITY DEVELOPMENT - BUILDING 2. Prior to review of improvement plans by the City, the developer shall submit a grading plan for the proposed site to be reviewed and approved by the City Engineer and Building Official (Bakersfield Municipal Code Section 16.44.010). With the grading plan, if the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a Notice of Intent (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No. 99- 08 -DWQ) must be filed with the State Water Resources Control Board in Sacramento before the beginning of any construction activity. Compliance with the general permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out, and always be available for public inspection during normal construction hours. 3. A grading permit is required prior to final plan approval. The developer shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. A final soils report shall also be submitted to the Building Division before they can issue a building permit. Please note that grading plans must be consistent with the final building site plans and landscaping plans. Building permits will not be issued until the grading permit is approved by the Building Division, Planning Divisigng "KF9m (HCP), and Public Works Department. o n ORIGINAL. PDRX 15 -0053 Page 2 of J3 4. An approved site utilities plan is required prior to final plan approval. 5. Show on the final building plan how and where water will be drained from the property. 6. Show on the final building plan pedestrian access from the public way and handicap parking. Private streets are not the public way. 7. The developer shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that is within the distance as set forth in Table 602 of the California Building Code. 8. Include with or show on the final building plans information necessary to verify that the project complies with all disability requirements of Title 24 of the California Building Code. 9. The developer shall obtain all required approvals from the Kern County Environmental Health Services Department (2700 "M "Street, Bakersfield, CA., 93301; PH 661 -862 -8700) for any food handling facility lie: market, delicatessen, caf6, concession, restaurant) before building permits can be issued. 10. Buildings or structures shall require installation of an automatic fire sprinkler system where required by current California Building Code and City ordinance. 11. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. 12. Final Building plans shall show pedestrian access pathways or easements for persons with disabilities from public rights -of -ways that connect to all accessible buildings, facilities, elements, and spaces in accordance with the California Building Code. These pedestrian access ways shall not be parallel to vehicular lanes unless separated by curbs or railings. 13. Prior to granting occupancy, the Building Division will verify that a water meter serving the development is in place. Therefore, it is recommended that the developer contact the applicable water purveyor to inquire about their process for obtaining water service for the development as soon as possible. To determine who the water purveyor for the development is, you may contact the City of Bakersfield Water Resources Department (1000 Buena Vista Road, Bakersfield, CA, phone: 661- 3263715). peeAKF9 sr � m U O ORIGINAL PDR# 15 -0053 Page 3 of 13 COMMUNITY DEVELOPMENT - PLANNING 14. The minimum parking required for this project has been computed based on use and shall be as follows: Square Parking Required Use Foofaae Ratio Parklna Fitness center 20,000 sq. ft. 1 space /300 sq. ft. 67 spaces Grocery store 41,176 sq. ft. 1 space /300 sq. ft. 137 spaces Tire shop 11,800 sq. ft. 1 space /300 sq. ft. 39 spaces Multi- tenant retail 46,175 sq. ft. 1 space /200 sq. ft. 231 spaces Fast -food restaurants 5,475 sq. ft. 1 space /75 sq. ft. 73 spaces Minimum drive -thru credit 2 windows (2 spaces /window) (4) spaces Total Required: 543 spates (Note: By ordinance, compact and tandem spaces cannot be counted toward meeting minimum parking requirements.) 15. Minimum parking stall dimensions shall be 9 -feet wide by 18 -feet long. Vehicles may hang over landscape areas no more than 2 -1/2 feet provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles. 16. All parking lots, driveways, drive aisles, loading areas, and other vehicular access ways, shall be paved with concrete, asphaltic concrete (A. C.), or other paved street surfacing material in accordance with the Bakersfield Municipal Code (Sections 15.76.020 and 17.58.060.A.). 17. Lighting is required for all parking lots, except residential lots with four units or less (Section 17.58.060.A.). Illumination shall be evenly distributed across the parking area with light fixtures designed and arranged so that light is directed downward and is reflected away from adjacent properties and streets. Use of glare shields or baffles may be required for glare reduction or control of back light. No light poles, standards and fixtures, including bases or pedestals, shall exceed a height of 40 feet above grade. However, light standards placed less than 50 feet from residentially zoned or designated property, or from existing residential development, shall not exceed a height of 15 feet. The final building plans shall include a picture or diagram of the light fixtures being used and show how light will be directed onto the parking area. Please note that staff can require additional adjustments to installed lighting after occupancy to resolve glare or other lighting problems if they negatively affect adjacent properties. 18. The developer shall include a copy of a final landscape plan with each set of the final building plans submitted to the Building Division. Building permits will not be issued until the Planning Division has approved the final landscape plan for consistency with approved site plans and minimum ordinance standards (please refer to the landscaping requirements in Chapter 17.61). (NOTE: At the time a final site inspection is conducted, it is expected that plants will match the species identified and be installed in the locations consistent with the �eAKSy approved landscape plan. Changes made without prior approval of the Planning ° T OMCIINAi PDR# 15 -0053 Page 4 oj13 staff may result in the removal and /or relocation of installed plant materials and delays in obtaining building occupancy.) 19. A solid masonry wall shall be constructed adjacent to residentially zoned and /or designated property. This wall must be shown on the final building plans and shall be constructed a minimum height of 8 feet as measured from the highest adjacent finished property grade in accordance with the acoustical analysis prepared for the proposal by WJV Acoustics dated February 11, 2015. If the parking lot, including drive aisles, delivery areas, loading and unloading areas are within 10 feet of residentially zoned property, a 7 -foot wide landscape strip that includes landscaping consistent with Chapter 17.61 shall be installed between the wall and parking /drive areas. 20. Internal building unit addresses will be only by suite number and will be the responsibility of the owner or developer to assign to each tenant. (It is recommended that you assign suite numbers beginning with 100, 200, 300 etc. instead of an alphabetic character. If in the future a tenant space were split, you would then be able to assign a suite number between the existing numbers, which would keep your suites in numerical order. Keeping an orderly numbering system will make it easier for customers, emergency personnel, and mail delivery to find the business). 21. Business identification signs are neither considered nor approved under this review. A separate sign permit reviewed by the Planning and Building Divisions and issued by the Building Division, is required for all new signs, including future use and construction signs. Signs must comply with the Sign Ordinance (Chapter 17.60 of the Bakersfield Municipal Code.) 22. Habitat Conservation fees shall be required for this project and will be calculated based on the fee in effect at the time we issue an urban development permit (includes grading plan approvals) as defined in the Implementation /Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation /Management Agreement Section 3.1.4). This fee is currently $2,145 per gross acres, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance occurs. Forms and instructions are available at the Planning Division or on the city's web site at www.bakersfieldcitv.us (go to Development Services Department). The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year 2019. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2019 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit before the 2019 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre - payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms 91 gAKF9s the MBHCP. Urban development permits issued after the 2019 expiration date mpy m 0 0 ORIGINAI. PDRM 15 -0053 Page 5 of 13 be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Game Department. 23. Burrowing Owl Notification: The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703 -711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10 including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the taking possession or destruction of birds their nests or eaas. To avoid violation of the provisions of these laws generally requires that project related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1- August 15, annually). Disturbance that causes nest abandonment and /or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered 'taking" and is potentially punishable by fines and /or imprisonment. 24. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be recommended by the State Department of Fish and Wildlife. Developer shall be subject to the mitigation measures recommended by the consultant. Copies of the survey shall be provided to the Planning Department, State Department of Fish and Wildlife, and the U.S. Fish & Wildlife Service prior to ground disturbance. 25. Rooftop areas of commercial buildings (e.g., office, retail, restaurant, assembly, hotel, hospital, church, school), and industrial buildings adjacent to residentially zoned properties, shall be completely screened by parapets or other finished architectural features constructed to a height of the highest equipment, unfinished structural element or unfinished architectural feature of the building. 26. Prior to the issuance of any building permit the applicant shall demonstrate, to the satisfaction of the Planning Director, that the design of each building and the shopping center complies with the applicable standards in Bakersfield Municipal Code Section 17.08.140. These standards include, but are not limited to: a. Exterior building facades over 100 feet in length shall incorporate wall plane projections or recesses with a depth of at least 3 percent of the length of the facade and extending along at least 20 percent of the length of the facade pursuant to Bakersfield Municipal Code Section 17.08.140.C.1. b. All facades of buildings shall include a repeating pattern with no less than three of the elements required pursuant to Bakersfield Municipal Code Section 17.08.140.C.2. c. The street level facades (north and east facing) shall be transparent between the height of 3 and 8 feet above the walkway grade for no less than 60 percent of the horizontal length of the respective building facades, in accordance wi11�AKF Bakersfield Municipal Code Section 17.08.140.C.3. of 9sr m 0 o o!I INAL PDR4 15 -0053 Page 6 of 13 d. Rooflines shall vary with a change in height every 100 linear feet of building length pursuant to Bakersfield Municipal Code Section 17.08.140.C.5. 27. Prior to the issuance of any building permit the applicant shall demonstrate, to the satisfaction of the Planning Director, that the design of each building and the shopping center complies with the following conditions of approval as specified via the Planned Commercial Development (PCD) process: a. The development shall be constructed with the layout as shown on the approved development plan. b. Any drive -thru area that is adjacent to Allen Road or Brimhall Road shall include extra screening provisions via (masonry walls, berming and /or a combination of the two at a height of not less than 4 feet) to screen the drive -thru from the adjacent road right -of -way and to reduce acoustical impacts. c. The project shall ensure that drive -thru speakers are placed and maintained such that they will not be audible at a level of more than 65dB from the backyards of residential properties located on the east side of Allen Road or the south side of Brimhall Road. d. The development shall include a community space at the southeast corner of the development as depicted on the approved plan. 28. Refuse collection bin enclosures and container areas are subject to all required structural setback from street frontages, and shall not reduce any parking, loading or landscaping areas as required by the Zoning Ordinance. 29. In the event a previously undocumented oil /gas well is uncovered or discovered on the project, the developer is responsible to contact the Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR). The developer is responsible for any remedial operations on the well required by DOGGR. The developer shall also be subject to provisions of BMC Section 15.66.080.B. 30. The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control District (Regulation VIII) concerning dust suppression during construction of the project. Methods include, but are not limited to; use of water or chemical stabilizer /suppressants to control dust emission from disturbed area, stock piles, and access ways; covering or wetting materials that are transported off -site; limit construction- related speed to 15 mph on all unpaved areas /washing of construction vehicles before they enter public streets to minimize carryout /track out; and cease grading and earth moving during periods of high winds (20 mph or more). 31. Prior to receiving final building or site occupancy, you must contact the Planning Division (staff contact noted above) for final inspection and approval of the landscaping, parking lot, lighting and other related site improvements. Inspections will not be conducted until all required items have been installed. Any deviations AKF from the approved plans without prior approval from the Planning Division ma 0"�Fq"% result in reconstruction and delays in obtaining a building or site occupancy. > - pmm,, 9RIG+�f/iL"'� PDRM 15 -0053 Page 7 oj13 32. Drive - through restaurants are prohibited from operating from 1:00 a.m. to 5:00 a.m. Monday through Thursday and from 2:00 a.m. to 5:00 a.m. Friday through Sunday. 33. Automobile service stations, as defined in Bakersfield Zoning Ordinance Section 17.04.540, are prohibited. 34. Pursuant to Bakersfield Zoning Ordinance Section 17.24.020.B.4., for automobile - related businesses (including but not limited to the fire shop), all work must be conducted inside a building. MITIGATION MEASURES FROM NEGATIVE DECLARATION FOR ZONE CHANGE NO. 07 -2041: Air Quality 35. Planned PM,o Mitigation Measures a. Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the site or approaches 20% opacity. b. Water all unpaved haul roads a minimum of three - times /day or whenever visible dust from such roads is capable of drifting from the site or approaches 20% opacity. C. Reduce speed on unpaved roads to less than 15 miles per hour. d. Install and maintain a track out control device that meets the specifications of SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicles with three or more axles. e. Stabilize all disturbed areas, including storage piles, which are not being actively utilized for production purposes using water, chemical stabilizers or by covering with a tarp or other suitable cover. f. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. g. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. h. Limit and remove the accumulation of mud and /or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden). I. Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer /suppressants. j. Remove visible track -out from the site at the end of each workday. k. Cease grading or other activities that cause excessive (greater than 20% opacity) dust formation during periods of high winds (greater than 20 mph over a one -hour period). 36. Measures to Reduce Equipment Exhaust a. Maintain all construction equipment as recommended by manufacturer manuals. b. Shut down equipment when not in use for extended periods. C. Construction equipment shall operate no longer than eight (8) cumulative hours per day. d. Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. gAKFes ORIGINAL PORN 15-0053 Page 8 of 13 e. Curtail use of high- emitting construction equipment during periods of high or excessive ambient pollutant concentrations such as "Spare -the -Air" days as declared by the SJVAPCD. f. All construction vehicles shall be equipped with proper emissions control equipment and kept in good and proper running order to substantially reduce NO. emissions. g. On -Road and Off -Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. h. On -Road and Off -Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. L All construction workers shall be encouraged to shuttle (car -pool) to retail establishments or to remain on -site during lunch breaks. j. All construction activities within the project area shall be discontinued during the first stage smog alerts. k. Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1 -hour average). Cultural Resources 37. If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development all work shall stop until the find has been evaluated by a qualified archaeologist or historian. FIRE DEPARTMENT 38. Show on the final building plans the following items: a. All fire lanes as identified on the returned plans. Any modifications shall be approved by the Fire Department. Fire lane identification signs shall be installed every 100 feet with red curbing when curbing is required. All work shall be completed before occupancy of any building or portion of any building is allowed. b. All fire hydrants, both offsite (nearest to site) and on -site. Include flow data on all hydrants. Hydrants shall be in good working condition and are subject to testing for verification. Fire flow requirements must be met prior to construction commencing on the project site. Please provide 2 sets of the engineered water plans to both the Fire Department and the Water Resources Department. C. All fire sprinkler and /or stand pipe systems, fire alarms and commercial hood systems. These suppression systems require review and permits by the Fire Department. The Fire Department will issue guidelines for these various items as they may apply to this project. d. Project address, including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. enKe9 o s,, m e. Name and phone number of The appropriate contact person. � o ORIGINAL PDRA 15 -0053 Page 9 aj13 39. The developer must request an inspection from the Water Resources Department (1000 Buena Vista Road, Bakersfield, CA, phone: 661- 326 -3715) for any underground sprinkler feeds at least 24 hours before they are buried. The Prevention Services Division (1501 Truxtun Avenue, Bakersfield CA, Ph. 661/326 -3979) must complete all on -site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. 40. The developer shall show on the final building plans a minimum 20 -foot wide all - weather emergency access with an overhead clearance of 13 feet 6 inches within 150 feet of all buildings on the project site. The Fire Department must approve the final location and design of the access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. 41. All access (permanent and temporary) to and around any building under construction must be at least 20 feet wide, contain no vehicle obstruction, and be graded to prevent standing water. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. 42. Turning Radius: The minimum turning radius shall be thirty -seven feet. 43. The developer shall submit two (2) sets of plans for permits and approvals from the Fire Department for fuel tanks or related facilities before they are installed on the site. Please contact the Prevention Services Division at 661- 326 -3979 for further information. 44. The developer shall submit two (2) sets of plans for permits and approvals from the Fire Department for fuel tanks or related facilities before they are installed on the site. Please contact the Prevention Services Division at 661 -326 -3979 for further information. 45. If you handle hazardous materials or hazardous waste on the site, the Prevention Services Division may require a hazardous material management and /or risk management plan before you can begin operations. Please contact them at 661- 326 -3979 for further information. 46. If you store hazardous materials on the site in either an underground or a permanent aboveground storage tank, a permit from the Prevention Services Division is required to install and operate these tanks. The Prevention Services Division may also require a Spill Prevention Control and Countermeasure Plan for storage of petroleum products above ground in quantities of 1,320 gallons or more. Please contact them at 661- 326 -3979 for further information. 47. All projects must be in compliance with the current California Fire Code and current City of Bakersfield Municipal Code. 0PKF9 Ti or rPiIGINAL PDR# 15 -0053 PUBLIC WORKS - ENGINEERING Page 10 oJ13 48. The developer shall install one streetlight along Brimhall Road. The developer shall be responsible for providing the labor and materials necessary to energize all newly installed streetlights before occupancy of the building or site. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. 49. The developer shall install new connection(s) to the public sewer system. This connection shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. 50. All on -site areas required to be paved lie. parking lots, access drives, loading areas, etc.) shall consist of concrete, asphaltic concrete (Type B. A. C.) or other paved street material approved by the City Engineer. Pavement shall be a minimum thickness of 2 inches over 3 inches of approved base material Ile. Class II A. B.) if concrete is used, it shall be a minimum thickness of 4 inches per Municipal Code Section 17.58.060.A. This paving standard shall be noted on the final building plans submitted to the Building Division before any building permits will be issued. 51. If a grading plan is required by the Building Division, building permits will not be issued until the grading plan is approved by both the Public Works Department and the Building Division. 52. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. An industrial waste permit must be obtained from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the Wastewater Treatment Superintendent at 661 - 326 -3249. 53. Before any building or site can be occupied, the developer must reconstruct or repair substandard off -site street improvements that front the site to adopted city standards as directed by the City Engineer. Please call the Construction Superintendent at 661- 326 -3049 to schedule a site inspection to find out what improvements may be required. 54. A street permit from the Public Works Department shall be obtained before any work can be done within the public right -of -way (streets, alleys, easements). Please include a copy of this site plan review decision to the department at the time you apply for this permit. 55. A sewer connection fee shall be paid at the time a building permit is issued. We will base this fee at the rate in effect at the time a building permit is issued. 56. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued, or if no building permit is required, before occupancy of the building or site. This fee will be based at the rate in effect at the time the building permit is issued. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. gpKf 4 9�, 0 p Cr 0RIGINAr PDR4 15 -0053 Page 11 of 13 57. The developer shall either construct the equivalent full width landscaped median island in Allen Road along the development's frontage or pay their proportionate share (1 /2- width) of the total cost for the future construction of the median. Median islands shall be designed by the first development that occurs along an applicable street frontage. That developer shall either construct the full width landscaped median island or pay the median island fee. The median island fee shall be satisfied by fulfilling one of the following options: (1) Pay the standard fee of $100 per linear foot; or (2) Pay the calculated fee based upon actual cost estimates prepared by the Project Engineer, which shall be reviewed and approved by the City Engineer. If the median island is not constructed by the first development along an applicable street frontage, the second development along that street frontage shall construct the full width landscaped median island. 58. The developer shall form a new Maintenance District. Undeveloped parcels within an existing Maintenance District are required to update Maintenance District documents. Updated documents, including Proposition 218 Ballot and Covenant, shall be signed and notarized. If there are questions, contact Manny Behl at 661- 326 -3576. 59. The developer shall dedicate additional road right -of -way to the City of Bakersfield along Allen Road and Brimhall Road to full arterial street width according to adopted city standards. The developer shall construct additional roadway, including expanded intersection and /or right turn lanes, along Allen Road to full arterial street width according to adopted city standards. The developer shall construct additional roadway, including expanded intersection and /or right turn lanes, along Brimhall Road to full arterial street width according to adopted city standards. 60. All storm water generated on the project site, including the street frontage shall be retained onsite unless otherwise allowed by the Public Works Department (please contact the Public Works Department- Subdivisions at 661 - 326 - 3576). 61. This project may be located within a Planned Sewer Area. Please contact the Public Works Department - Subdivisions at 661 - 326 -3576 to determine what fees may apply. 62. This project may be located within a Planned Drainage Area. Please contact the Public Works Department - Subdivisions at 661 - 326 -3576 to determine what fees may apply. PUBLIC WORKS - TRAFFIC 63. Two-way drive aisles shall be a minimum width of 24 feet. If perpendicular (900) parking spaces are proposed where a vehicle must back into These aisles, the minimum aisle width shall be 25 feet. All drive aisle dimension shall be shown on the final building plans. o49AKF9 sT > m o c ORIGINAI PDR# 15-0053 Page 12 °j13 64. Show the typical parking stall dimension on the final building plans (minimum stall size is 9 feet x 18 feet). 65. Condition of approval #5 of Zone Change No. 07 -2041 (Ordinance No. 4530) permits a developer funded traffic signal at the site entrance subject to the approval of a synchronization study demonstrating that traffic progression would not be adversely affected. On September 3, 2008, the City of Bakersfield Public Works Director approved the study entitled Traffic Signal Progression Study, Allen Road, Stockdale Highway to Rosedale Highway, Bakersfield California (Ruettgers & Schuler Civil Engineers, Revised May 2008) pertaining to a signal at Allen Road and Overton Street. Therefore, the City will accept a developer funded signal at this intersection. In accordance with City Council Resolution 161 -94, a Traffic Signal Maintenance District shall be established for the maintenance and operation of this proposed "convenience" signal. Interconnect conduit is required along the entire frontage of Allen Road and Brimhall Road and conductor shall be connected to the existing signal at Brimhall Road and Allen Road as part of the signal improvements. 66. The signalized intersection of Allen Road and Overton Street shall be designed to the satisfaction of the City Engineer to allow for the following vehicular movements only: northbound through, left -turn, and right -turn movements; southbound through and right -Turn movements; eastbound left-Turn and right -turn movements; and westbound right -tum movements. An east -west crosswalk shall be provided at this intersection to the satisfaction of the City Engineer to allow for pedestrian access between the center and Overton Street. PUBLIC WORKS -SOLID WASTE 67 necessary for the collection of refuse and /or recycled materials. Collection locations must provide enough containment area for the refuse that is generated without violating required zoning or setback restrictions (see Planning Division conditions). Levels of service are based on how often collection occurs as follows: Cart service - 1 cubic yard /week or less 1 time per week Front loader bin services - 1 cubic yard /week - 12 cubic yards /day Roll -off compactor service - More than 12 cubic yards /day 68. Show on the final building plans refuse bin enclosures. Each enclosure shall be designed according to adopted city standard (Detail #ST25 A and B), at the size checked below 0. Before occupancy of the building or site is allowed, 30 3 -cubic yard front loading type refuse bins shall be placed within the required enclosures. ❑ 6' deep x 8' wide (1 bin) Q 6 - 8' deep x 15' wide (3 bins) 21 2 - 8' deep x 10' wide (2 bins) Q 2 - 8' deep x 20' wide (4 bins) NOTE, All measurements above are curb -to -curb dimensions Inside the enclosure. If both refuse and recycling containers are to be combined in the some enclosure area, this area must be expanded in size to accommodate multiple containers/binsOaKF (contact the staff person above for the appropriate enclosure size). 81 as o ORIGINAL PDR# 15 -0053 Page 13 of 13 69. Show on the final building plans two compactor roll -off bin locations. Please contact staff for additional information on compactor requirements and placement. 70. Facilities that require infectious waste services shall obtain approval for separate infectious waste storage areas from the Kern County Health Department. In no instances shall the refuse bin area be used for infectious waste containment purposes. 71. Facilities that require grease containment must provide a storage location that is separate from the refuse bin location. This shall be shown on the final building plans. 72. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. oFeAKF9 r � m r U O ORIGINAL Exhibit B: Location Map o``bA ✓F9N U 9 ORIGINAL Exhibit C: Preliminary Development & Landscape Plans o``eAkF9� m U p ORIGINAL [o H � i III1111111 I ;: � : 1 '' ; �0 ' !si tl�E3 €� i !� EI!iiIg !aa !'I lolpl tsaila3c 31, 8 ' , !3 !�9'i�'3c!!3!i,y!i !l;g EciE3�at���a3es11's 33i3i3��,�4� ia�' 33�3i 3ila!a 8 ��eiE ¢ T1 s 3! � 'i' 3 3 3 ia�i !¢ ��§ I its }[fill Ee f� ; A'p. 31 3 a 6 � e L 6 f f i L i L i i i 'i:1'' � 6 i �39 g3 is i C g ......... 1 a 3 � � ! ;: � : 1 '' ; �0 ' !si tl�E3 €� i !� EI!iiIg !aa !'I lolpl tsaila3c 31, 8 ' , !3 !�9'i�'3c!!3!i,y!i !l;g EciE3�at���a3es11's 33i3i3��,�4� ia�' 33�3i 3ila!a 8 ��eiE ¢ T1 s 3! � 'i' 3 3 3 ia�i !¢ ��§ f� ; A'p. 31 3 a 6 � �6 'i:1'' � 6 i �39 g3 l a� 1 a 3 e ' ° ARTISAN SQUARE SHOPPING(_ �'�9;' u;i�'��I� Ijd�l'�1!6P! 7r1r�t4t :5 §IIx f ONSITE IMPROVEMENTS Brimhall & Allen, Bakersfield, Califomia ii�hl lhl�l liel �y� ' 91 ,; 99 7 \ } � y z \ z Ar &a 00 " �� I � 11 \ q p | ■ ■` ©e ■ee| g [3 i 7�_s { [§!ƒ | | || : : C Jr ©© . . _s �_c _ g [3 i 7�_s { [§!ƒ : : d jjHl Artisan Square Shopping Center Lone Palm Farme amm�aiawe wnewa itli 14 vi "' !!��� u[ a @ qi q $ e uu p _ 8 � 1® 11'111, a ° Artisan Square Shopping Center Lone Palm Farme amm�aiawe wnewa 1 ��PI 1•��� �Itlll li NN l'ii�jlill "' !!��� " e� :: a :t1 g� ORIGINAL Exhibit D: Building Elevations of ��K�9T m v 0 ORIGINAL y ARTISAN SQUARE SHOPPING CENTERI�I BRIMHALL& ALLEN, BAKERSFIELD, CA m!N I y,,�• II ,Wu'.�ilp,IjliN 7p!y 9t/ .' iII ' 7C ( "- E: tl ARTISAN SQUARE SHOPPING CENTER BRIMHALL & ALLEN, BAKERSFIELD, CA ug LA Jill p4t. ;_ �' ? 7c N i5o' It' E: tl ARTISAN SQUARE SHOPPING CENTER BRIMHALL & ALLEN, BAKERSFIELD, CA ug LA p���ai iplhw�1 l ih�l p4t. ;_ �' ? 7c N i5o' a _ - ARTISAN SQUARE SHOPPING CENTER I�N49�ryI4u�: +f !Ijyl iN' Pn_pYy�9 .' Ily� Jc - B RIM HALL & ALLEN, BAKERSFIELD, CA iilhl llii41lA a 41 "' ARTISAN SQUARE SHOPPING CENTER ONSITE IMPROVEMENTS Brimhall & Allen, Bakersfield, Califomia P � 04 I�u I 11, ljjlyNfi ��!fII'' A{k i I(f =i� jr 41 9 S � S '- or °I 'i I ARTISAN SQUARE SHOPPING CENTER BRIMHALL &ALLEN, BAMRSFIELD, CA lii�ith� Iuh!ijU�lil; L� ile�e_61 3g is N �t 11'1' 11'1' ARTISAN SQUARE SHOPPING CENTER BRIMHALLSALLEN, BAKERSFIELD, CA I�I�:9I BI �" ARTISAN SQUARE SHOPPING CENTER BRIMHALLSALLEN, BAKERSFIELD, CA I�I�:9I BI �" Rp�t1 •' 8 7c s — ARTISAN SQUARE SHOPPING CENTER BRIMHALL & ALLEN, BAKERSFIELD, CA PPii�."� 1 "111 IuhLli��_�� k.� l ph III 3I; - F] �J r r 5 �i t i 8 s '" ARTISAN SQUARE SHOPPING CENTER ONSRE IMPROVEMENTS Bdmhall &Allen, Bakersfield, California PN'y� ui�� • Ifs i�,ry �!t���•� ii�7ltlj;inA n!g g - r 7P ; 7C �� -