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Home My WebLink AboutRES NO 060-2023RESOLUTION NO. 06 0- 2023 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING PLANNED DEVELOPMENT REVIEW TO ALLOW DEVELOPMENT OF A 336-UNIT APARTMENT COMPLEX IN THE R-3/PUD (MULTIPLE -FAMILY DWELLING /PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, LOCATED AT THE SOUTHWEST CORNER OF BERKSHIRE ROAD AND ASHE ROAD (PDR NO. 22-0403). WHEREAS, Cornerstone Engineering on behalf of Timothy and Marilyn Family Trust filed an application with the City of Bakersfield for the Planned Development Review to allow for the development of a 336-unit apartment complex in the R-3/PUD (Multiple -Family Dwelling/Planned Unit Development) zone, located at the southwest corner of Berkshire Road and Ashe Road (the "Project"); and WHEREAS, the Planning Commission held a public hearing on April 20, 2023, and approved Resolution No. 30-23, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, May 10, 2023 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 approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given In the manner provided In Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Planning Commission's deliberation, and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 30-23 are hereby adopted. 3. Planned Development Review No. 22-0403, as delineated in attached Exhibit B (Location map) and Exhibit C (Site Development Plan), is hereby approved, subject to the conditions of approval contained in Exhibit A. --------- 000------- Page 1 of 2 , g "ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on the 241h day of May 2023, by the following vote: MAY 2 4 2023 ✓ ✓ ✓ ✓ ✓ ✓ v COUNCILMEMBER. ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAV, KAUR NOES. COUNCILMEMBER. ABSTAIN COUNCILMEMBER: ABSENT: COUNCILMEMBER: _. LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: MAY 2 4 2023 By KAREN GO Mayor APPROVED AS TO FORM: VIRGIINIIIAJ GENNARO, CITY ATTORNEY By: VIRIDIANA GALLARDO-KING Deputy City Attorney Exhibits: A Mitigation Measures and Conditions of Approval B Location Map C Site Plans and Elevations o``0r�cE'�s T m Page 2 of 2 OORIGINAL EXHIBIT "A" MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 22-0125 Air Quality Impact Mitigation Measures: 1. Prior to grading plan approval, the applicant/developer shall submit documentation to the Planning Division that they are compliant with air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District. The documentation shall specify that the Project has complied with the SJVAPCD' Indirect Source Rule (Rule 9510) Biological Resources Impact Mitigation Measures: 2. Prior to ground disturbance, the project proponent shall comply with federal and state laws protecting species of plants, fish, and wildlife that are listed or proposed for listing as endangered or threatened, as well as their designated critical habitat. If the presence of an endangered or threatened species on private land that overlaps with development that impose certain duties, such as avoiding unauthorized take and requiring consultation with the United States Fish & Wildlife Service (USFWS) and/or California Department of Fish & Wildlife (CDFW) agency. If unauthorized take occurs, property owners and developers shall fake the necessary steps to ensure compliance with federal and state laws. 3. Prior to ground disturbance, a focused survey for burrowing owl shall be submitted to California Department of Fish and Wildlife (CDFW) and Planning Division by the applicant/developer. The survey shall follow the methodology developed by the California Burrowing Owl Consortium (CBOC 1993). If the survey results identify 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 any ground disturbance and 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 directly and/or Indirectly 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, CDFW shall be notified and recommended protocols for mitigation shall be followed, and a copy of the mitigation protocols shall be submitted to Planning Division. If any ground disturbing activities occur during the burrowing owl nesting season (approximately February 1 through August 31), and potential burrowing owl burrows are present within the Project footprint, avoidance measures shall be implemented. In the event that burrowing owls are found, the applicant/developer shall follow CDFW protocol for mitigation and comply with the provisions of the Migratory Bird Treaty Act. gPKF� o sT r m ORIGINAL Exhibit A GPA No. 22-0125 Page 2 Cultural Resources Impact Mitigation Measures: 4. Prior to construction and as needed throughout the construction period, a construction worker cultural awareness training program shall be provided to all new construction workers within one week of employment at the project site. The training shall be prepared and conducted by a qualified cultural resources specialist. 5. During construction, If cultural resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified cultural resource specialist that meets the Secretary of the Interior's Professional Qualification Standards can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required. These additional studies may include avoidance, testing, and excavation. All reports, correspondence, and determinations regarding the discovery shall be submitted to the California Historical Resources Information System's Southern San Joaquin Valley Information Center at California State University Bakersfield, 6. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, Public Resources Code 5097,97, and Senate Bill 447 shall be followed. In the event of the discovery of human remains, at the direction of the county coroner, Health and Safety Code Section 7050.5(c) shall guide Native American consultation. Paleontological Resources Mitigation Measures: 7. During construction, If paleontological resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified paleontological resource specialist can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant paleontological resource, additional investigations may be required. These additional studies may include fossil salvage. Ground disturbance In the vicinity of the discovery site (within 50 feet) shall not resume until the resource -appropriate measures are implemented or the materials are determined to be less than significant. Traffic Impact Mitigation Measures: 8. Prior to the issuance of building permits, the project applicant shall participate in the Regional Transportation Impact Fee (RTIF) program by paying the adopted fees in place for the land use type at time of development. osb f T > m `�ORIGINA!� EXHIBIT "A" PLANNED DEVELOPMENT REVIEW 22-60000403 CONDITIONS AND ORDINANCE COMPLIANCE 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 (1715 Chester Avenue) (Staff contact —Shannon Clark; 661-326-3607 or SClark@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) he prepared, continuously carried out, and always be available for public Inspection during normal construction hours. APPLICANT'S RESPONSE: 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 RESPONSE: DEVELOPMENT SERVICES - PLANNING (1715 Chester Avenue) (Staff contact — Louis Ramirez; 661-326-3023 or Lramirez@bakersfieldcity.us) The minimum parking required for this project has been computed based on use and shall be as follows: Proposed Units or Square footage Parking Required Use Ratio Parking Residential 336 1 Bedrocri units 84 2 Bedroom/186 units 372 3 Bedroom/66 Units 132 Guest 10% 59 Office 250 square feet 1 per 250 sf 1 spaces Required Parking: 648 spaces (Note: 700 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 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 PDR #22-0403 Page 12 oft ORIGINAL 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 5. 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 RESPONSE 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: 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 RESPONSE: C. FIRE DEPARTMENT (2101 H Street) (Staff contact- Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us) 1. Show on the final building plans the following Items: a. 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 OAKFv N� PDR N22-0403 Page 13 Of 9 ORIGINALe' 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 t nd 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. Proiect address Including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. Name and phone number of the appropriate contact person. APPLICANT'S 2. 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 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 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 0 xe2 o T POR fi22-0403 Page 14 of 9.- m r- r Z5ORIrli 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 5. Turning Radius: The minimum turning radius shall be thirty-seven feet. APPLICANT'S 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 POR #22-0403 gPKfq o ^` Page 15 off rO `�CRIGINAL D. WATER RESOURCES (1000 Buena Vista Road) (Staff contact —Tylor Hester; 661-326-3009 or THester@bakersfieldciry.us) 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/379/water resources APPLICANT'S E. PUBLIC WORKS -ENGINEERING (1501 Truxtun Avenue) (Staff contact —Susanna Kormendi; 661-326-3997 or skormendi@bakersfeldcity.us) The developer shall construct curbs, gutters, cross gutters, sidewalks, and street/alley paving along Berkshire Road and Ashe Road 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. APPLICANT'S RESPO The developer shall install streetlights along Berkshire Road and Ashe Road. The developer shall be responsible for providing the labor and materials necessary to energize all newly installed streetlights before occupancy of the building or site. These Improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. Submit street light location and contact the Public Works Department at (661) 326-3584 for street light number. APPLICANT'S 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 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), o``0A�cF2m m PDR 422-0403 Page 16 of 93MGINAI APPLICANT'S 5. Any proposed or future perimeter fence and/or wall shall be placed outside of existing public road right of way or future ultimate public right of way. 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 attire time a building permit Is issued. APPLICANT'S 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 The developer shall either construct the equivalent full width landscaped median island In Ashe Road along the development's frontage or pay their proportionate share (1/2-width) of the total cost for the future construction of the median. Median islands shall be designed by the first development that occurs along an applicable street frontage. That developer shall either construct the full width landscaped median island or pay the median island fee. The median island fee shall be satisfied by fulfilling one of the following options: (1) Pay the standard fee of 5100 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. APPLICANT'S 9. 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 Louis Rodriguez at 661-326-3571. )Note: If already within a maintenance district, may need to update the maintenance district form.) APPLICANT'S POR 422-0403 Z AKsc2m Page I I7 oR ORIGINAL PUBLIC WORKS -TRAFFIC (1501 Truxtun Avenue) (Staff contact —Susanna Kormendi; 661-326-3997 or skormendi@bakersfieldcity.us) The developer shall dedicate additional road right-of-way to the City of Bakersfield along Berkshire Road to full collector width according to adopted city standards with the grading plan submittal. APPLICANT'S 2. The developer shall dedicate additional road right-of-way to the City of Bakersfield along Ashe Road to full arterial width according to adopted city standards with the grading plan submittal. APPLICANT'S 3. 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: G. PUBLICWORKS- SOLID WASTE(4101 Truxtun Avenue) (Staff Contact - Richard Gutierrez: 661-326-3114 or RMGutierrez@bakersfieldcity.us ) 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 — 1cubic yard/week or less l time per week A Front loader bin services -- 1 cubic yard/week -12 cubic yards/day ❑ Roll -off compactor service-- More than 12 cubic yards/day APPLICANT'S Show on the final building plans refuse/recycle bin enclosures. Each enclosure shall be designed according to adopted city standard (Detail a ST-27 and ST-28), at the size checked below 0. Before occupancy of the building or site is allowed, 14, 3 -cubic yard front loading type refuse/recycle bins) shall be placed within the required enclosure(s). O� PDR#22-0403 Page 18 ❑ 6' deep x 8' wide (l bin) ❑ 8' deep x 15' wide (3 bins) ❑ 8' deep x 10' wide (2 bins) 0 8' deep x 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 RESPONSE: Examples of enclosure styles can be found on (Detail # ST-32). APPLICANT'S RESPONSE: Facilities with existing refuse service must improve the service location area(s) according to adopted City standards (Detail # ST-27 and ST-28). 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