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.
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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.
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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:
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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
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EXHIBIT 1
CONDITIONS OF APPROVAL /
MIGIATION MONITORING AND REPORTING PROGRAM
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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
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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
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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
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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.�
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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
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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
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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
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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,�
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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
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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
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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.
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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)
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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
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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
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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.
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