The URL can be used to link to this page

Home My WebLink AboutRES NO 067-2022cJ v RESOLUTION NO. 0 6 7- 2 0 2 2 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL TO UPHOLD THE DECISION OF THE PLANNING COMMISSION AND DENY THE APPEAL FOR APPROVAL OF CONDITIONAL USE PERMIT NO. 21-0200 FOR A 200-UNIT APARTMENT COMPLEX (17.22.040.A.2) IN THE C-1 (NEIGHBORHOOD COMMERCIAL ZONE) DISTRICT, LOCATED AT 4301 VERDUGO LANE (WARD 4). WHEREAS, Golden Bros LLC filed an application with the City of Bakersfield Development Services Department for a conditional use permit to allow a 200-unit apartment complex (17.22.040.A.2) in a C-1 (Neighborhood Commercial zone) district, located at 4301 Verdugo Lane (the "Project"): and WHEREAS, the Secretary of the Planning Commission set Thursday, April 7, 2022, at 5:30 p.m. in City Council Chambers, City Hall South, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the proposed conditional use permit, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, at the Planning Commission hearing, testimony was received both in support and opposition of the Project, and following deliberations the Planning Commission approved the Project (Resolution No. 40-22); and WHEREAS, Patricia Richina filed an appeal with the City Clerk on April 14, 2022 of the Planning Commission's decision to approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, May 4, 2022, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the appeal to the Planning Commission decision of April 7, 2022; and WHEREAS, the laws and regulations relating to the California Environmental Quality Act (CEQA) and the City of Bakersfield CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and WHEREAS, the above described project is exempt from the requirements of CEQA in accordance with Section 15183; and WHEREAS, the City of Bakersfield Development Services Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report and the Planning Commission's deliberation and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: The above recitals, incorporated herein, are true and correct. OKKB„ O Sn 2. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area, posted on the City's website, and published in the Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing. 3. The City Council has considered and concurs with the findings made by the Planning Commission set forth in Resolution No. 40-22, approved on April 7, 2022. 4. The appeal is denied and Conditional Use Permit No. 21-0200 is hereby approved subject to the conditions of approval in Exhibit A and as shown in Exhibits B and C, which are incorporated herein. 5. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. It was determined that the project does not have the potential to cause a significant effect on the environment. --------- 000---------- AK, o' OP:C!"J'Lo V V 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 the 4th day of May 2022, by the following vote: AY COUNCILMEMBBR. ARIAS ,GONl.ALLS,Wr!RG SMITH,HM_ERh4t1, GRAY. PARLIFR NOBS. COUNCILMLMBR. �A�BS�T�pA�IN. COUNCILMMBLR. ` 1I-1 COUNCILM[MRIM e l n[L�"1[Ul JB E DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: MAY 0 6 2022 By / KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VIRIDIAN ALl. RI KING Deputy City Attorney (/ Exhibits: A Conditions B Location Map C Plans S:ACounter OperationsV02_CUPAOlAotiveA202 \2I0200_43M Verdugo Lone_MullilomilyVAppeofAI_CCResolulion_Deny Appeal. doux �OAKF, 0 V a EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit No. 21-0200 I. The applicant's rights granted by this approval are subject to the following provisions: • The project shall be in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes. • All conditions imposed shall be diligently complied with at all times and all construction authorized or required shall be diligently prosecuted to completion before the premises shall be used for the purposes applied for under this approval. • This approval will not be effective until ten (10) days after the date upon which it is granted by the Planning Commission to allow for appeal to the City Council. Any permit or license for any approval granted shall not be issued until that effective date. • This approval shall automatically be null and void two (2) years after the effective date unless the applicant or successor has actually commenced the rights granted, or if the rights granted are discontinued for a continuous period of one (1) year or more. This time can be extended for up to one (1) additional year by the approving body. The Planning Commission may initiate revocation of the rights granted if there is good cause, including but not limited to, failure to comply with conditions of approval, complete construction or exercise the rights granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the premises for which the approval was granted. The Planning Commission may also consider adding or modifying conditions to ensure the use complies with the intent of City ordinances. Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. II. The following conditions shall be satisfied as part of the approval of this project: 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. f0 0 CUP No. 21-0200 Page 12 of 17 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. This conditional use permit allows for a 200-unit apartment complex in the C-1 (Neighborhood Commercial Zone) district, located at 4301 Verdugo Lane as depicted on attached Exhibits B and C. III. The following are specific items that you need to resolve before you can obtain a building permit or be allowed occupancy. These items include conditions and/or mitigation required by previous site entitlement approvals (these will be specifically noted), changes or additions that need to be shown on the final building plans, alert you to specific fees, and other conditions for your project to satisfy the City's development standards. The items listed below will usually need to be shown on the final building plans or completed before a building permit is issued. As part of the building permit submittal, identify the location of your response by using the APPLICANT'S RESPONSE line provided directly below the item (example: sheet number, detail, etc.). A. DEVELOPMENT SERVICES- BUILDING 11715 Chester Avenue) (Staff contact - Oscar Fuentes; 661-326-3676 or OFuentes@bakersfieldcity.us) 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. APPLICANT'S A grading permit is required prior to final plan approval. The developer shall submit four (4) copies of grading plans and two (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 (HCP), and Public Works Department. APPLICANT'S O ON;G!ti!'.L CUP No. 21-0200 Page 13 of 17 3. An approved site utilities plan is required prior to final plan approval. APPLICANT'S 4. Show on the final building plan pedestrian access from the public way and accessible parking. Private streets are not the public way. APPLICANT'S 5. 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. APPLICANT'S 6. Include with or show on the final building plans information necessary to verify that the project complies with all accessibility requirements of Title 24 of the California Building Code. APPLICANT'S 7. 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 public pool or related facility before building permits can be issued. Disabled access to any public pool and related facility shall comply with Title 24 of the California Building Code. APPLICANT'S B. Buildings or structures shall require installation of an automatic fire sprinkler system where required by current California Building Code and City ordinance. APPLICANT'S 9. Before the Building Division can allow occupancy of this apartment complex, they must inspect and approve the placement and colors of the address numbers identifying each unit and/or building, and on -site building/unit location maps so that emergency personnel can easily find a specific unit when responding to the site during an emergency. APPLICANT'S 10. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. APPLICANT'S 0 c OPICIk`- Q `i CUP No. 21-0200 Page 14 of 17 11. 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. APPLICANT'S 12. 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). APPLICANT'S RESPONSE: 13. Show on the final building plan, electric vehicle supply equipment to facilitate future installation as required by the California Green Code. APPLICANT'S B. DEVELOPMENT SERVICES- PLANNING(1715 Chester Avenuel (Staff contact: Ryder Dilley- 661-326-3616 or RDilley@bakemfieldcity.us) The minimum parking required for this project has been computed based on use and shall be as follows: Proposed Square Parking Required Use Footage Ratio Parking Multi -Family (1 Bed) 152 Units 1 space/unit 152 spaces Multi -Family (2/3 Beds) 48 Units 2 spaces/unit 96 spaces Guest Parking 10% 25 spaces Leasing Office 1,860 so. ft. 1 space/250 so. ft. 7 spaces Required Parking: 280 spaces (Note: 301 parking spaces are shown on the proposed site plan. By ordinance, compact and tandem spaces cannot be counted towards meeting minimum parking requirements. For commercial development containing a multi -tenant pad, any change in use where 50 percent or more of the pad requires additional parking pursuant to Bakersfield Municipal Section 17.58.110, the Planning Director may require parking commensurate with the new use.) APPLICANT'S Q 0 CUP No. 21-0200 Page 15 of 17 2. Minimum parking stall dimensions shall be 9 feet wide by 18 feet long and shall be designed according to standards established by the Traffic Engineer. 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. APPLICANT'S RESPONSE: All parking lots, driveways, drive aisles, loading areas, and other vehicular access ways, shall be paved with concrete, asphaltic concrete, or other paved street surfacing material in accordance with the Bakersfield Municipal Code (Sections 15.76.020 and 17.58.060.A.). APPLICANT'S 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. (Note: Staff can require additional adjustments to installed lighting after occupancy to resolve glare or other lighting problems if they negatively affect adjacent properties.) APPLICANT'S The developer shall include a final landscape plan with each set of the 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. Landscape plans shall include, but are not limited to, data on: gallon/box size, spacing, species (reference approved parking lot tree list), ratio of deciduous vs. evergreen, shade calculations, ground cover calculations, etc. (Note 1: At the time a final site inspection is conducted, it is expected that plants will match the species identified and be installed in the locations consistent with the approved landscape plan. Changes made without prior approval of the Planning staff may result in the removal and/or relocation of installed plant materials and delays in obtaining building occupancy.) (Note 2: No mature landscaping shall be removed without prior approval by the Planning Director.) (Note 3: Upon approval of the final landscape plan, a digital copy shall be submitted to the Planning staff contact listed above.) APPLICANT'S RESPONSE: V V CUP No. 21-0200 Page 16 of 17 Overlooks from windows, balconies, and decks of the second or higher floor into rear yards of property containing single-family homes must be screened (see Section 17.08.090). This condition affects any office, commercial, and industrial building, and any apartment or condominium structure containing three or more units that are within 150 feet of properties zoned R-1, R-S-1A, MH, or PUD, or from condominium projects of a single-family character. Screening proposals must be approved by the Planning Division before building permits will be issued. Suggested methods for accomplishing screening are included in the referenced ordinance section. The second story floor plan for the north side of Building 400 shall contain no patio. Any second story patio on the east or west side of Building 400 within the "overlook area' shall contain a wing wall on the northern side of the patio and other openings be screened in compliance with the municipal code, or the floor plan shall be amended to remove the patio. All window openings in the north elevation of Building 400 situated on the second floor, shall be fitted with obscure glazing. APPLICANT'S A solid masonry wall shall be constructed adjacent to residentially zoned and/or designated property. This wall must be shown on the final building plans and shall be constructed a minimum height of 6 feet as measured from the highest adjacent finished property grade. If the parking lot, including drive aisles, delivery areas, loading and unloading areas are within 10 feet of residentially zoned property, a 7-foot-wide landscape strip that includes landscaping consistent with Chapter 17.61 shall be installed between the wall and parking/drive areas. APPLICANT'S RESPONSE: Our records show that the project is contained on more than one parcel. Because building setbacks cannot be met based on the design layout, a parcel line bisects a building, and/or parking for residential use is not on the same site as the project (Section 17.58.020.8. of the Bakersfield Municipal Code), a parcel merger or lot line adjustment application removing or relocating property lines shall be submitted to the Planning Division before building permits can be issued. Recordation of the map shall occur before final building or site occupancy can be granted. If our records are in error, please provide a copy of the parcel map, subdivision map, or certificate of compliance showing the approved property lines. (Note: An Assessor's map is not acceptable since it is only for tax purposes and does not verify legal parcel status.) APPLICANT'S Street addresses for the project shall be designated by staff. These numbers will be the only addresses assigned by the city unless you wish to have a different address program. Internal building unit addresses will be only by suite number and will be the responsibility of the owner or developer to assign to each tenant. Please contact the Karl Davisson at 661-326-3594 for further information. (Note: It is recommended that you assign suite numbers beginning with 100, 200, 300 etc. instead of an alphabetic character. If in the future a tenant space were split, you would then be able to assign a suite number between the existing numbers, which would keep your suites in numerical order. Keeping an orderly numbering system will make it easier for customers, emergency personnel, and mail delivery to find the business.) APPLICANT'S RESPONSE: �eAkF. 0 OEiCI14--., CUP No. 21-0200 Page 17 of 17 10, Provide a map and a list/spreadsheet indicating all unit numbers that need to receive mail. All unit numbers shall be numeric. Mixed alphas and numeric designations are unacceptable in all cases (e.g., A-1, B-2, etc.). Please contact the Karl Davisson at 661-326-3594 for further information. APPLICANT'S 11. Business identification signs are neither considered nor approved under this review (e.g., wall, monument, pylon, etc.). 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. (Note: Signs must comply with the Sign Ordinance; Chapter 17.60 of the Bakersfield Municipal Code. Review this Chapter as part of due diligence.) APPLICANT'S 12. The following conditions are required as part of a grading permit: Habitat Conservation fees shall be required for this project and will be calculated based on the fee in effect at the time we issue an urban development permit (includes grading plan approvals) as defined in the Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). This fee is currently $2,145 per gross acres, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance occurs. Forms and instructions are available at the Planning Division or on the city's web site at www.bakersfieldcitv.us (go to Development Services Department). The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year 2023. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2023 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 2023 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre -payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2023 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife. Burrowing Owl Notification: The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703- 711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any r� , c CUP No. 21-0200 V Page 18 of 17 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 Fish and Game Code Prohibit the taking possession or destruction of birds, their nests or eggs. To avoid violation of the provisions of these laws generally requires that project related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1- August 15, annually). Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered "taking' and is potentially punishable by fines and/or imprisonment. Prior to ground disturbance, the developer shall have a California Department of Fish and Wildlife approved MBHCP biologist survey the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be recommended by the California Department of Fish and Wildlife. Developer shall be subject to the mitigation measures recommended by the biologist. Copies of the survey shall be provided to the Development Services Department, California Department of Fish and Wildlife, and the U.S. Fish and Wildlife Service prior to ground disturbance. APPLICANT'S 13. A Park Development and Improvement Fee shall be paid at the time of the building permit being issued for each independent residential unit. We will base the fee at the rate in effect at the time the permit is issued. APPLICANT'S 14. Open storage of materials and equipment shall be surrounded and screened with a solid wall or fence (screening also applies to gates). This fence shall be at least 6 feet in height and materials shall not be stacked above the height of the fence. (Note: Fences taller than 6 feet are allowed in commercial and industrial zones but they will require a building permit.) APPLICANT'S 15. Areas used for outside storage shall be treated with a permanent dust binder or other permanent dust control measure consistent with the regulations of the San Joaquin Valley Air Pollution Control District. (Note: All passenger vehicle -parking areas must be paved.) APPLICANT'S QEAkF� o e V 0 CUP No. 21-0200 Page 19 of 17 16. Storage of materials and merchandise is prohibited unless screened in accordance with the municipal code. Sales of merchandise shall not be permitted in any required parking area. Sales of merchandise shall be conducted and/or contained within an enclosed building or within a screened area dedicated for such use. (Note: This does not include outdoor seating areas for restaurants.) APPLICANT'S 17. 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. APPLICANT'S 18. 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. APPLICANT'S 19. In the event a previously undocumented oil/gas well is uncovered or discovered on the project, the developer is responsible to contact the California Geologic Energy Management Division (CaIGEM). The developer is responsible for any remedial operations on the well required by CaIGEM. The developer shall also be subject to provisions of BMC Section 15.66.080.B. APPLICANT'S 20. The developer shall adhere to the noise limits established in the Metropolitan Bakersfield General Plan Noise Element during construction of the project. APPLICANT'S 21. The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control District (Regulation Vill) 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). APPLICANT'S RESPONSE: CUP No. 21-0200 0 4 Page 1 10 of 17 C. 22, The applicant shall provide a perimeter wall along Verdugo Lane frontage of split face masonry block consistent with the adjacent neighborhoods to the north of the project site, or stucco masonry wall with stone veneer accent, or similar design as approved by the Planning Director. This wall must be shown on the final building plans and shall be constructed a minimum height of 6 feet as measured from the highest adjacent finished property grade. The wall should be located outside of the required 15-foot landscape planter as required by B.M.C. Section 17,61,030. APPLICANT'S 23. 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. APPLICANT'S 24. The applicant shall submit revised plans to reflect the following changes: a. Building 400 shall be constructed as a single -story structure. b. Building 800 shall be constructed as a three-story structure. C. Trees shall be 48-inch box size for landscaping located to the north and west side of Building 400. d. An 8-foot tall masonry wall shall be constructed along the western property line between the southern boundary of the retention basin and northern boundary of the religious facility; two (2) trees of 48-inch box size shall be planted in the northern portion of this planter area. e. Egress shall be provided onto Hageman Road. f. Raised median shall be constructed on Verdugo Lane for length of project frontage. Median shall be installed in a manner to provide for a left turn into the project site and right turn out only from the project site (no left turn onto Verdugo Lane). Design shall be approved by the City Public Works Department Director prior to construction. Modified during May 4, 2022 City Council meeting to provide additional screening between project and abutting single-family residences. APPLICANT'S (Staff contact - Ernie Medina; 661-326-3682 or EMedina@bakersfieldfire.us) Show on the final building plans the following items: 0 oa:ew�L� Q V CUP No. 21-0200 Page 1 11 of 17 All fire lanes. 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. 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 two (2) sets of the water plans stamped by a licensed Registered Civil Engineer to the Fire Department and two (2) sets to the Water Resources Department (1000 Buena Vista Road, Bakersfield, CA. 93311; 661-326-3715). (Note: Show: 1) distance to the nearest hydrant; and 2) distance from that hydrant to the farthest point of the project site.) All fire sprinkler and/or stand pipe systems, fire alarms and commercial hood systems. These suppression systems require review and permits by the Fire Department. The Fire Department will issue guidelines for these various items as they may apply to this project (Deferred Submittal). Project address including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. APPLICANT'S RESPONSE: The developer must pay required fees to and 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 2 full business days before they are buried. The Prevention Services Division (2101 H Street, 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. APPLICANT'S 3. Where fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. APPLICANT'S Q 0 CUP No. 21-0200 Page 1 12 of 17 4. 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. Must be capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds and shall be surfaced with the first lift 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 (26 feet wide where building height exceeds 30 feet), with an overhead clearance of 13 feet 6 inches, 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. APPLICANT'S Turning Radius: The minimum turning radius shall be thirty-seven feet. APPLICANT'S 6. 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. APPLICANT'S 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. APPLICANT'S All projects must comply with the current California Fire Code and current City of Bakersfield Municipal Code. APPLICANT'S Q 0 CUP No. 21-0200 Page 113 of 17 D. WATER RESOURCES (1000 Buena Vista Road) (Staff contact — Ivan C. Rodriguez; 661-326-3715 or ICastaneda@bakersfieldcity.us) Property is located outside of the City of Bakersfield domestic water service area, therefore, only pipelines and appurtenances related to fire water are subject to review. APPLICANT'S 2. Developer shall submit two (2) sets of utility plans signed by a California Registered Civil Engineer to the Water Resources Department showing all offsite and onsite improvements, including connections to the existing water main and underground fire waterlines and related apparatuses. Include any existing nearby on or off -site hydrants on the plans. Plans shall be submitted along with applicable plan check fees and any other associated fees per the current fee schedule. Plans shall comply with current City Standards and Specifications. California Fire Code, and City of Bakersfield Municipal Code. City Standards and Specifications and the current Fee Schedule are available for download from the City's website at www.bakersfieldcity.us/gov/depts/water resources/fees. htm APPLICANT'S RESPONSE: 3. Developer shall pay the required Water Resources Fire Service Inspection Fees and submit an Inspection Request Form for any underground fire waterlines and their apparatuses at least two (2) full business days before permanent construction. The form is available for download from the City's website at www.bakersfieldcity.us/gov/depts/water_ resources/fees.htm APPLICANT'S 4. Drainage shall be kept on site. Any proposed sump within the private development shall be privately maintained. If the Developer desires a public sump, a new Maintenance District for future maintenance of storm drain sump facilities shall be created. Undeveloped parcels within an existing Maintenance District will be required to update Maintenance District documents. Updated documents, including Proposition 218 Ballot and Covenant, shall be signed and notarized for any public sump (Note — If already within a maintenance district, the maintenance district form may need to be updated). APPLICANT'S PUBLIC WORKS - ENGINEERING (1502 Truxtun Avenuel (Staff contact —Susanna Kormendi; 661-326-3997 or skormendi@bakersfieldcity.us) The developer shall install new connection(s) to the public sewer system. This connection shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. APPLICANT'S Show on the final building plans all existing connection(s) to the public sewer system. APPLICANT'S of EAK�.� Q G CUP No. 21-0200 Page 1 14 of 17 3. 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. APPLICANT'S 4. 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). APPLICANT'S RESPONSE: 5. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. An industrial waste permit must be obtained from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the Wastewater Treatment Superintendent at 661-326- 3249. APPLICANT'S 6. Prior to submitting revised plans, please contact the Construction Superintendent at 661-326- 3049 to schedule a site inspection to find out what improvements may be required. 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. Additionally, any off-site/frontage improvements or repairs required during the site inspection shall be shown on the grading plan. APPLICANT'S RESPONSE: 7. 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. APPLICANT'S 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. APPLICANT'S EAKF. O "ONIG!Y^L Q V CUP No. 21-0200 Page 1 15 of 17 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 (SWRCB Order No. 2009-009-DWQ as amended by Order No. 2010-0014-DWQ and 2012-0006-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 required that a Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out, and always be available for public inspection during normal construction hours. APPLICANT'S 10, Prior to the issuance of each building permit, or if no building permit is required, the first required City approval prior to construction, the developer/owner shall pay a Transportation Impact Fee (TIF) for regional facilities. This fee will be based on the rate in effect at the time the applicable approval is issued or in accordance with the Subdivision Map Act, as applicable. The Public Works Department will calculate an estimate of the total fee upon submittal of construction plans for the project. APPLICANT'S RESPONSE: 11. 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 Adam Cordero at 661-326-3576. (Note: If already within a maintenance district, may need to update the maintenance district form.) APPLICANT'S PUBLIC WORKS - TRAFFIC (1501 Truxtun Avenue) (Staff contact —Susanna Kormendi; 661-326-3997 or skormendi@bakersfieldcity.us) Show on final building plans standard ST-3 drive approaches. Approaches shall have 20-foot minimum radius returns. All dimensions shall be shown on the final building plans. APPLICANT'S RESPONSE: The developer shall construct additional roadway, including right and left turn lanes, along Hageman Road to full arterial street width according to adopted city standards. APPLICANT'S RESPONSE: The developer shall dedicate any sidewalk extending out of the right of way to the City of Bakersfield for the pedestrian way along all arterial streets. This must be conducted with a separate instrument or final map. APPLICANT'S RESPONSE O� J 0 OPiC=!1�4L Q 0 CUP No. 21-0200 Page 1 16 of 17 4. Remove non-standard right turn lane at driveway on Verdugo Lane. APPLICANT'S RESPONSE: G. PUBLIC WORKS -SOLID WASTE(4101Truxtun Avenue) (Staff Contact - Richard Gutierrez: rmgutierrez@lbakersfieldcity.us) 1. you must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and/or recycled materials. Collection locations must provide enough containment area for the refuse that is generated without violating required zoning or setback restrictions (see Planning Division conditions). Levels of service are based on how often collection occurs as follows: ❑ Cart service -- 1 cubic yard/week or less 1 time per week ® Front loader bin services -- 1 cubic yard/week - 12 cubic yards/day ❑ Roll -off compactor service -- More than 12 cubic yards/day APPLICANT'S RESPONSE: Show on the final building plans refuse/recycle bin enclosures. Each enclosure shall be designed according to adopted city standard (Detail # ST-27 and ST-28), at the size checked below 121. Before occupancy of the building or site is allowed, 36, 3-cubic yard front loading type refuse/recycle bin(s) shall be placed within the required enclosure(s). ❑ 8' deep x 15' wide (3 bins) ® 9-B'deepx 20'wide(4 bins) ❑ 8' deep x 10' wide; on skids for direct stab only (1-6 yard recycling bin) (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.) APPLICANT'S Examples of enclosure styles can be found on (Detail # ST-27- ST-29B). APPLICANT'S 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. APPLICANT'S Q V CUP No. 21-0200 Page 117 of 17 5. Residential properties with four (4) units or greater and are required to have ADA Accessible unit/s, must provide refuse/recycling enclosures that are ADA Accessible (Detail # ST-29). APPLICANT'S 6. Facilities with existing refuse service must improve the service location area(s) according to adopted City standards (Detail # ST-27 and ST-29B). These improvements shall be clearly shown on the final building plans. APPLICANT'S RESPONSE: 7. If utilities are incorporated into the enclosure design, they shall not interfere with space provided for refuse bins and must provide sufficient protection measures to guard the utilities from damage. APPLICANT'S 8. Enclosures shall not be located in an area that would cause refuse trucks to interfere with drive thru traffic flow entering or exiting the site, drive thru lanes, etc. APPLICANT'S RESPONSE: 9. Businesses are required to have sufficient capacity of refuse/recycling/organic material storage to go without service for 1 day (Sunday). At any time, refuse/recycling/organic services become an issue, businesses shall construct a second refuse enclosure to meet the demand. The second enclosure shall be approved by the City prior to construction. APPLICANT'S 10. Revise the site plan to make the trash enclosure accessible to the refuse truck. City trucks may not drive down dead-end corridors, nor back-up long distances; therefore, a turn -around area shall be provided. APPLICANT'S RESPONSE: �EAKF. O 0ORC"y n `C. CUP 21-0200 LEGEND A (ZONE DISTRICTS) _ f t 6,Wp tq M1. min le ILHsgxI MI LI [I R_v o R-v AEEXEl4Xp fl Wl On lomilYprellmg Rn CITY OF BAKERSFIELD At ApR" R_LesOn, only Dy e = c two gni tyll. min for ti[e YDLI ILLX III IDID"IN 01 a VANLrore -t y R1 Fl � e UUAUIILIFO (Doi it ID,W0t9h mielortrze b5letideq 1t1dollon Ul Rt ?. g pO'od.n wllingunll A — R v — R-v h UpYtY"\µ 8 Ra RSi Rn de mlol 5u lurlon B En 115, 5m Mminlonire MAD I., I t R; limped Anni 6em0Y Doping DAAnqu cr sADDRREDn a A,500si min lol silo Mlle lomAY) C Ra 6UW spR. minlolshelmJrVonYY Rn Ra s ISW spO.lvr vreo/aWlin9 unn D LXIYAIfNota R. SXIIf iI Y(1101p WIY A -A Ni femilY o�Mliny INIXYfI 1O50 ryrr. mi n In' alu I ARFWU pO (1 FR s Rn ;' IISO' lvrorto(Ir Ni unit ufnupm` $ tr °ttooa bq xr. Densnr xo.XlR r.milrpMling Ra Rn y0� wySM d,polr prr. mi n vlaire R-i ON00 dH ii yr vrev(ddling vvir Rn ptM4 1.0 R... Ali Holding 4Dm VIA IN 20 oae mm lot AEID(MY AVE AA imlNn R¢ Rn d.000f I, min Ant ma A ]OA ANv'Vo n R-1 R- M,pwtN PD osnmle for sl[e 11D Moon ed INA Devtlopi SUUIXW4FS L1 ttl46M &5v4YMt II7-1W➢., lml IDruAnpr4ve CUP 21-0200 A _ ""x MM Iof Nome R-v R"' 401mlmnonvlond AdminnuorlveDPom R1 R¢ R-v 4l xeigA Eve.vvd ...... lal M'[ aly Gt hgrenA [.1(oiiol XIW ONET DA Ri MAR(010LO AVE 4( C.Und,A[solar P84nrmlBDR AIDwrnan A, Manned lvmmatiol Derelopmenl M-I Gm MonvloMunng ..................... NAGEMAN RU_.._.._.._..�..�..�..�..�..�... CIiY. Llmli...�..�......; eral Mo Icons M }Len I AmamaEDe lorYin i1 XE(foob 0n R 6On.Overlay OSOn.Spon NDSp Nmplul Ovnloy AD IUABenuml Design 0vnloy IpU RIE AVE lop Al[AVf LOU p114Yi Rl llwdplvin lrimep 11.S Rnedpino sernnamY u eirpnn epvrn eeN s j R.i DI Dni l.lena s i I[ fli Errmnron(emlrnrnq No MAIILEF All Sf Senim fl4een0 m., " n'WpY ALONE WAY AILEXE WpY MD MIInde Derdvp menl [vmElni ng WM- WAVE Mmg 5pe11 I 1 R.¢ i KERN COUNTY j i NN • II EI IDI AVE BAKERSFIELD O ni wA1 All All AVEL I W 1EAAARE IN e 1 YAAXELLAVE I '" I R�¢ Feel RYA 1 R AVE Iz C MI[MEIF AYF MI[MHEIYI MAIAIWq'XAVI 0 250 500 R- 2022 01 ONAp210E00 n ,m.� isr 1011 Doll Roil 1s:re It i ! !as ! 0!€ 1I6 e i E lis�lils!!�! f iill liillllll�i a,a,lEEIiIIIIIR� .aaussasasassss 49! !! !QQ QQPQ Q Q QQ Q � i !Q i iPl iQ 6 , 9 {�1 s '� 919'R!! iI.111iQj�Ill!'lid 3 it�ilj0l i.idi i !{I' = i+ iii�iil s�� !+!ill!ji� Ilt� ��=�9�i ��l::��Ii : I,��,:Et�il#!Isa �s! 6 ••!1� ••i•••!�!s! fil�!�ieo114 !! l000000aoom ommmemmm mmaamgdm�mmmmmmmmm N El e 0 we ��l��1 o� I 0 �� ei 1 o� 0 ® ill I IF : N 0 a a I I'l I UP I Q (a 111,19,11 i a C i o`` I E tali itt't ! f }f li f ;� � f !► I i ; 1fll�;tlll�ffl�,� :�s � ifli!� ttl � !i �91 1 1IL, a111i1Ef li1111;,1 ��i 1 I'll�i lid I� Ilito N 0 * 1 0 ENWC3ENENTI O. I WIVE iETE ARE PoCL' EENURB MEW2 EQUIMENT AM BARBEOUE BUIUJING OVEHE WUNTER SHADE STRUCTURE CURB EWFM W SL FXE E"GEM@1T3 E"CEMW4 MH II I I I yAKF,> � o s �is�i