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HomeMy WebLinkAboutRES NO 065-16RESOLUTION NO. 0 6 5 - 1- 6 A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DENYING THE APPEAL AND APPROVING A PLANNED DEVELOPMENT REVIEW FOR A 112,000- SQUARE FOOT ASSISTED LIVING /MEMORY CARE FACILITY ON 9.975 ACRES IN A C -1- HD/P.C.D. (NEIGHBORHOOD COMMERCIAL - HILLSIDE DEVELOPMENT COMBINING /PLANNED COMMERCIAL DEVELOPMENT) ZONE DISTRICT LOCATED AT 7101 ALLEGHENY COURT (PDR NO. 15- 0364). WHEREAS, Ian Ellis for Aurora Borealis Development, LLC, filed an application with the City of Bakersfield Community Development Department requesting approval of a Planned Development Review for a 112,000- square foot assisted living /memory care facility on 9.975 acres in a C- 1- HD /P.C.D. (Neighborhood Commercial- Hillside Development Combining /Planned Commercial Development) zone district located at 7101 Allegheny Court as shown in attached Exhibit B (the "Project "); and WHEREAS, the Planning Commission held a public hearing on March 3, 2016, and approved Resolution No. 17 -16 for the Project; and WHEREAS, an appeal of the Planning Commission's decision was filed on March 11, 2016 by Dave & Cheryl Thomas, residing at 13602 Raphael Avenue; 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 City Council; and WHEREAS, the City Council has adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, Negative Declaration and the Planning Commission's deliberation, action, and the following findings support the project: 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 public hearings. 2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposal (Planned Development Review No. 15 -0364) is a project under CEQA and an initial study was completed. A Negative Declaration was prepared and properly noticed for public review. o�e�K�9a' Page 1 of 3 m U Q ORIGINAL 3. The proposed preliminary development plan is consistent with the Metropolitan Bakersfield General Plan and objectives of the Bakersfield Zoning Ordinance. 4. The proposed development plan will constitute a commercial environment of sustained desirability and stability, and if will compliment and harmonize with the character of the surrounding neighborhood and community. 5. The proposed development justifies exceptions from the normal application of the Bakersfield Zoning Ordinance in that if 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 on the property. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 17 -16 are hereby adopted. 3. The City Council hereby denies the appeal of the Planning Commission's decision to approve the Project. 4. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 5. The Project is hereby approved subject to conditions /mitigation found in Exhibit A located on the map as shown in Exhibit B and as shown in the site plan /landscaping plan in Exhibit C, and the elevations shown in Exhibit D, all of which are incorporated herein. - -- 000 - -- �gAKp 0 9t, Page 2 of 3 U O ORIGINAL 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 APR 2 0 2016 by the following vote: v ✓ ✓ r COUNCBMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, PARLIER N OES: COUNCILMEMBER: Mrla- A N: COUNCBMEMBER: N0n1L BSE COUNCILMEMBER: wbb / 1 ig ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2.0 2016 Harold Hanson Mce -Mayor APPROVED as to form VIRGINIA GENNARO City Atio y By: ANDREW HEGLUND 1 Deputy City Attorney Exhibits: 1. Conditions of Approval /Mitigation 2. Location Map 3. Preliminary Development Plans By: DqS. \GPAs \GPA 2nd 2016 \15-0363 \Res Ord \CC Res for PDR 15 -0364.do x F0AKF9 s Page 3 Of 3 m � o ORIGINAL EXHIBIT 1 CONDITIONS OF APPROVAL / MIGIATION MONITORING AND REPORTING PROGRAM s � m v o ORIGINAL EXHIBIT 1 Planned Development Review No. 15 -0364 Conditions of Approval /Mitigation Monitoring and Reporting Program 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 Division�eAKE,y (HCP), and Public Works Department. ° sT ti m U p ORIGINAL PDR# 15 -0364 Page 2 of 15 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 fie: market, delicatessen, cafe, 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: 661-326-3715). 14. Show on the final building plan electric vehicle charging spaces as required by the California Green Code. CEQA MITIGATION MEASURES Geotechnical Mitigation Measure: 15. Prior to construction activities, the developer shall demonstrate adherence to the earthwork and grading, site preparation, overexcavation and recompactio.%NKe shrinkage, bulking and subsidence factor, rippability and oversized material, seises m U G ORIGINAL PDR# 15 -0364 Page 3 gf15 design parameters (2013 CBC), foundation recommendations, allowable bearing capacity, lateral load resistance, settlement estimates, slab -on- grade, exterior concrete, retaining walls, pavement design, temporary excavations, trench backfill, surface drainage and erosion, subsurface drainage, corrosivity of onsite soils, additional geotechnical exploration and services, as specified in the Preliminary Geotechnical Review, and as approved by the City Building Director. COMMUNITY DEVELOPMENT - PLANNING 16. The minimum on -site parking requirement for this project shall be 57 spaces. A minimum afoot tall masonry wall shall be constructed along the row of 10 parking stalls situated along the western perimeter of the development. 17. 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. 18. 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.). 19. 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. 20. Because off site access to the project is being proposed, the developer shall file with the Planning Division before any building permits are issued, a copy of a recorded lease, C. C. and R.'s, or other instrument that ensures that the offsite legal access proposed for this project is available for its actual lifetime. 21. 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 ,�eAKFq approved landscape plan. Changes made without prior approval of the Planning m 0 )RIGINAL PDR# 15 -0364 Page 4 of 15 staff may result in the removal and /or relocation of installed plant materials and delays in obtaining building occupancy.) 22. 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.) 23. 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. 24. 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. 25. 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. 26. If paleontological resources are encountered during construction, a qualified paleontologist shall be retained by the developer to evaluate the significance of the resources and formulate a mitigation program if necessary. The paleontologist shall coordinate with the Planning Division. 27. 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. 28. 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). O�0AKF9.� s � r U O ORIGINAL PDR# 15 -0364 Page 5 of 15 29. 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 from the approved plans without prior approval from the Planning Division may result in reconstruction and delays in obtaining a building or site occupancy. CEQA MITIGATION MEASURES Air Quality and Green House Gas Mitigation Measure: 30. Prior to grading plan approval, the applicant /developer of the project site shall submit documentation to the Planning Division that they will /have met all air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District. Biological Resources Mitigation Measures: 31. Prior to ground disturbance, the developer shall have a qualified biologist survey the location for species covered under the Metropolitan Bakersfield Habitat Conservation Plan incidental take permit for urban development (Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope squirrel, & Bakersfield cactus) and comply with the mitigation measures of the permit. Survey protocol shall be that recommended by the California Department of Fish and Wildlife. Developer shall be subject to additional mitigation measures recommended by the qualified biologist. A copy of the survey shall be provided to the Community Development Department and wildlife agencies no more than 30 days prior to ground disturbance. The current MBHCP urban development incidental take permit expires on September 1, 2019. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the September expiration date. 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 expiration date will be eligible to pay fees under the current MBHCP incidental take permit. 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 of the MBHCP incidental take permit. Urban development permits issued after the expiration date maybe subject to anew 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 Department of Fish and Wildlife. 32. 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 META 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 take, possession, or destruction of birds, their nests or eggs. To avoid violation of the take provisions of these laws generally requires that project - related disturbance a + gAKF active nesting territories be reduced or eliminated during critical phases of tl� 9sr a ti m U O ORIGINAL PDR# 15 -0364 Page 6 of 15 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. a. To avoid impacts to burrowing owl, prior to ground disturbance, a focused survey shall be submitted to California Department of Fish and Wildlife (CDFW) by the Project applicant of a subdivision or site plan review, following the survey methodology developed by the California Burrowing Owl Consortium (CBOC, 1993). A copy of the survey shall also be submitted to the City of Bakersfield, Planning Division. b. If the survey results the presence of burrowing owl nests, prior to grading; .including staging, clearing, and grubbing, surveys for active nests shall be conducted by a qualified wildlife biologist no more than 30 days prior to the start of the of the Project commencing and that the surveys be conducted in a sufficient area around the work site to identify any nests that are present and to determine their status. A sufficient area means any nest within an area that could potentially be affected by the Project. In addition to direct impacts, such as nest destruction, nests might be affected by noise, vibration, odors, and movement of workers or equipment. If the Project applicant identifies active nests, the CDFW shall be notified and recommended protocols for mitigation shall be followed and a copy submitted to City of Bakersfield, Planning Division. C. If any ground disturbing activities will occur during the burrowing owl nesting season (approximately February 1 through August 31), and potential burrowing owl burrows are present within the Project footprint, implementation of avoidance measures are warranted. In the event that burrowing owls are found, the applicant must follow CDFW protocol for mitigation and comply with the provisions of the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 -711). If the Project applicant proposes to evict burrowing owls that may be present, the CDFW recommends passive relocation during the non - breeding season. 33. 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 ( MBHCP). Survey protocol shall be that recommended by the State Department of Fish and Wildlife. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey and results shall be provided to the Community Development Department - Planning Division and Wildlife agencies no more than 30 days prior to ground disturbance. The current MBHCP expires in September 1, 2019. Projects may be issued an urban Development permit, grading plan approval, or building permit and pay fees prior to the September 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 expiration date will be eligible to pay fees under the current MBHCP incidental take permit. Early payment or pre- payment of MBHCP fees shall not be allowed. The ability of the City to issue urban permit. Urban development permits permits issued after he expiration date may be ssubjeo 0AxF9sT F= m U O ORIGINAL PDR# 15 -0364 Page 7 of 15 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 Department of Fish and Wildlife. 34. 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 Community Development Department prior to ground disturbance. 35. Prior to ground disturbance, the developer shall have a qualified biologist conduct a 'tailgate" session for all construction personnel, relative to all environmental federal, state, and local law. The construction personnel shall be trained in sensitive species identification and avoidance techniques and be instructed to be on the lookout for sensitive species sign during earth disturbance phases of construction. Any evidence, such as dens, burrows, or potential raptor nests, observed at any time during construction shall be promptly reported to the reviewing agencies for resolution. 36. All pipes, culverts, or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. All structures not capped or otherwise covered, shall be inspected prior to burial or closure to ensure no kit fox or other protected species become entrapped. Cultural Resources Mitigation Measures: 37. If cultural resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. The applicant /developer of the project site shall submit documentation to the Community Development Department - Planning Division that they have met this requirement prior to further commencement of ground - disturbance activities and construction. 38. If human remains are discovered during grading or construction activities, all work shall cease in the area of the find pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.94, 5097.98 and 5097.99 of the California Public Resource Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. 39. Prior to ground - disturbance activities associated with this project, personnel associated with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e. archaeological sites, artifacts, features, burials, human remains, etc.) that may be encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. This training shall be conducted gAK� by representatives from the Taejon Indian Tribe or qualified archaeologist. They`` 9sT F m U O ORIGINAL PDR# 15 -0364 Pag, 8 of f5 personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The applicant /developer of the project site shall submit documentation to the Community Development Department - Planning Division that they have met this requirement prior to commencement of ground- disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on- site supervisor shall immediately notify a qualified archaeologist and the Taejon Indian Tribe. The developer shall provide the Taejon Indian Tribe information on excavation depth of the construction site. FIRE DEPARTMENT 40. 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 Tire rinxler ana or STano DiDe s sTems ❑re oiurm5 uriQ uummuruiul nuuu 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 includina suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. e. Name and phone number of the appropriate contact person 41. 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. 42. 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 oa0pKF9,r,� a m U � ORIGINAL PDR# 15 -0364 Page 9 oj15 final location and design of the access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. 43. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other driving surface approved by the Fire Chief. The access road must be capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds and shall be surfaced with the first layer of asphalt as to provide all- weather driving capabilities. All access (Permanent and temporary) to and around any building under construction must be a least 20 feet wide and contain no obstruction. The fire apparatus access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. 44. Turning Radius: The minimum turning radius shall be thirty -seven feet. 45. The minimum gate width shall be 20 feet and a minimum vertical clearance of thirteen (13) feet six (6) inches is required when the gate is at full open position. Where there is more than one gate and two or more driveways separated by islands, a minimum horizontal clearance of fifteen (15) feet for each driveway and a minimum vertical clearance of thirteen (13) feet six (6) inches is required when gates are at full open position. Horizontal distance shall be measured perpendicular to the direction of travel on the driveway. Vertical distance shall be measured from the highest elevation of the driveway to the lowest overhead obstruction. 46. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. All new construction of access gates shall be equipped with an automatic opening device which is activated through the wireless activation system utilized on City of Bakersfield owned vehicles for traffic preemption. Installation and maintenance of the wireless activation system on access gate(s) shall be completed by the gate owner. The gate opening device shall have a disconnect feature for manual operation of the gate when the power fails. 47. 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. 48. All projects must be in compliance with the current California Fire Code and current City of Bakersfield Municipal Code. PUBLIC WORKS - ENGINEERING 49. The developer shall install one streetlight along Allegheny Court to the satisfaction of the City Engineer. The developer shall be responsible for providing the labor and gAK(• materials necessary to energize all newly installed streetlights before occupancy ot� 9sT r U O ORIGINAL PDRA 15 -0364 Page 10 of 15 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. 50. The developer shall construct standard handicap ramps at the southeast and southwest corners of Allegheny Court and the entry driveway according to adopted city standards. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. 51. The developer shall install new connections) 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. 52. All on -site areas required to be paved fie. 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 fie. 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. 53. 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. 54. 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 661326 -3249. 55. 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 661326 -3049 to schedule a site inspection to find out what improvements may be required. 56. 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. 57. 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. 58. The developer shall either construct the equivalent full width landscaped median island in Alfred Harrell Highway 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 islan�gnM9 fee shall be satisfied by fulfilling one of the following options: (1) Pay the standard sr M U p ORIGINAL PDR# 15 -0364 Page 11 of15 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. 59. 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. 60. The developer shall dedicate additional road right -of -way to the City of Bakersfield along Alfred Harrell Highway to full expressway street width according to adopted city standards. The developer shall construct additional roadway, including right turn lanes, along Alfred Harrell Highway to full expressway street width according to adopted city standards. 61. The developer shall dedicate additional road right -of -way to the City of Bakersfield along Allegheny Court to full local street width according to adopted city standards. The developer shall construct additional roadway along Allegheny Court to full local street width according to adopted city. standards. 62. 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). 63. 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. 64. 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. 65. This project may be subject to Bridge and Major Thoroughfare fees. Please contact the Public Works Department - Subdivisions at 661 - 326 -3576 to determine what fees may apply. 66. Developer shall construct additional paving on Alfred Harrell Highway to provide left -turn channelization into Allegheny Court. o``0AKF9'rr > m U 0 ORIGINAL PDR# 15 -0364 CEQA MITIGATION MEASURES Drainage MlNgatlon Measure: Page 11 oJ15 67. The developer shall provide storm water detention as specified in the Preliminary Drainage Study, and as approved by the City Public Works Department. Traffic Mitigation Measure: 68. The developer shall pay into the adopted Regional Traffic Impact Fee fixed rate program at time of issuance of any building permit for the project site. PUBLIC WORKS- TRAFFIC 69. Street return type approaches, if used, shall have 20 -foot minimum radius returns with a 47 -foot throat width. All dimensions shall be shown on the final building plans. Remove the entry driveway median island from the public right -of -way. 70. 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. 71. Show the typical parking stall dimension on the final building plans (minimum stall size is 9 feet x 18 feet). PUBLIC WORKS - SOLID WASTE 72. You must contact the staff person noted above before building permits can be 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 I 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 73. 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 ®. Before occupancy of the building or site is allowed, five 3 -cubic yard front loading type refuse bin(s) shall be placed within the required enclosure(s). ❑ 6' deep x IT wide (1 bin) ❑ 8' deep x 15' wide (3 bins) ❑ 8' deep x 10' wide (2 bins) ® 8' deep x 25' wide (5 bins) o��PK�9.c s F m U O ORIGINAL PDR# 15 -0364 Page 13 of 15 NOTE, All measurements above are curb -to -curb dimensions Inside the enclosure If both refuse and recycling containers are to be combined in the same enclosure area, this area must be expanded in size to accommodate multiple containers/bins (contact the staff person above for the appropriate enclosure size). X I Show on the final building plans one compactor roll -off bin location. Please contact staff for additional information on compactor requirements and placement. 74. 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. 75. 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. 76. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 15 -0363 Public Works: 1. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur (If a tentative subdivision map over the entire GPA /ZC area Is submitted, than these conditions can be met with the map): a. Provide fully executed dedication for Alfred Harrell Highway to Expressway Standards for the full frontage of the area within the GPA request, if applicable. Dedications shall include sufficient widths for expanded intersections, right turn lanes, and /or additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. b. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. The study shall show the development's proportionate share of the necessary ultimate storm drainage facilities. The developer shall participate in the development of a Planned Drainage Area, or shall provide some other method for the construction of the ultimate facilities satisfactory to the City Engineer. In order to meet the requirements of the City of Bakersfield's NPDES permit and Storm Water Management Plan and to prevent the introduction of sediments from construction or from storm events to waters of the US, all storm water systems for any new development that will ultimately convey drainage that discharges to the Kern River, a channel or a canal shall remove or minimize the introduction of pollutants through the use of Best Management Practico&4pgF91 � m Z5 U � ORIGINAL PDR# 15 -0364 Page 14 of 15 (BMP's) for pollution prevention, source control and /or structural treatment control as approved by the City Engineer c. Sewer service must be provided to the GPA /ZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and /or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. d. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA /ZC area. This includes the construction of any and all boundary streets to the centerline of the street (Alfred Harrell Highway and Allegheny Court), unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. For orderly development. 2. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including the Proposition 218 ballot and the Covenant. The ballot and covenant shall be signed and notarized. For orderly development. 3. Payment of the proportionate share of the cost of the median for the Alfred Harrell Highway frontage of the property within the GPA /ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA /ZC area. For orderly development. 4. Per Resolution 035 -13, the area within. the GPA /ZC shall implement and comply with the "complete streets" policy. For orderly development. 5. Access will be via Allegheny Court and the developer shall acquire an access easement from the adjacent property owner to be recorded in association with the Parcel Map or any subdivision action. The Old Walker Pass Road Easement must be maintained free and clear of any structures. For orderly development. 6. If it becomes necessary to obtain any off site right of way and if the developer 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. For orderly development. ok 0AK4 T � m U O ORIGINAL PDRN 15 -0364 Page 15 of15 7. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development. Planning: 8. Upon approval of GPA /ZC 15 -0363, the approval and all entitlements related to Vesting Tentative Tract Map 7027 become void, and a final map for Tract 7027 may not record. For orderly development 9. Prior to approval of a Final Site Plan Review and /or issuance of any building permit, the developer shall submit a Parcel map or other subdivision action to create a separate parcel for commercial portion within the GPA request. For orderly development. 10. The developer shall construct the required trail from decomposed granite to limit dust and decrease maintenance costs, location pursuant to the Specific Parks and Trails Plan for Northeast Bakersfield (10 ft wide trail w/ 6 ft wide tread). The trail shall be located along east side on Alfred Harrell Highway from the terminus of the trail adjacent to Tract 6000 to Old Walker Pass Road; and a separate trail and landscaping on the south side of Allegheny Court to the east edge of the proposed development areaarea. For orderly development. City Affornev: 8. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and /or property owner and /or subdivider ( "Applicant' herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners 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. S: \BZA SPR \Forms \PUD_PCD \750364 \condfionS.do o``0AKF9N T ti m U O ORIGINAL EXHIBIT 2 LOCATION MAP o�gPKF9`P.� >- m U � ORIGINAL �Q 'Zn ; yFO9 0 r. 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