HomeMy WebLinkAboutRes. No. 80-23 (MOD 23-0508)RESOLUTION NO. 80-23 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A ZONING MODIFICATION TO ALLOW FOR THE REDUCTION OF MINIMUM LOT SIZE AND THE REDUCTION OF SETBACKS REQUIRED FOR LOTS AS PART OF PLANNED DEVELOPMENT REVIEW NO, 23-0331, LOCATED AT THE NORTHEAST CORNER OF SOUTH ALLEN ROAD AND PENSINGER ROAD (MOD 23-0508) WHEREAS, McIntosh & Associates (applicant) on behalf of The Piper Trust (property owner) filed an application for a zoning modification to allow for the reduction of minimum lot size and a reduction in setback in a R-3/PUD (Multiple Family Dwelling/Planned Unit Development) zone district, located at the northeast corner of South Allen Road and Pensinger Road (the "Project"); and WHEREAS, Bakersfield Municipal Code (BMC) 17.16.070 A. minimum lot size of six-thousand square feet be reduced to three-thousand three-hundred forty-five square feet; and WHEREAS, Bakersfield Municipal Code (BMC) 17.08.150 A. agricultural setback of fifty feet for dwelling adjoined to agricultural or residential suburban be reduced to five feet: and WHEREAS, Bakersfield Municipal Code (BMC) 17.08.150 B. railway setback of thirty feet for dwelling within any railroad right of way be reduced to ten feet: and WHEREAS, Bakersfield Municipal Code (BMC) 17.16.040 B. the front yard setback be determined by the intersection of the first or each successive story with a forty-five degree airspace diagonal be removed; and WHEREAS, Bakersfield Municipal Code (BMC) 17.16.050 A. the side yard of the main building be no less than five feet be reduced to 3 feet on only one side of the lot: and WHEREAS, adoption of a Mitigated Negative Declaration for the Project has been recommended; and WHEREAS, the Secretary of the Planning Commission set Thursday, October 19, 2023, 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 zoning modification, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; 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 Planning Commission; and WHEREAS, the City of Bakersfield Development Services Department I 1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and
WHEREAS, the facts presented in the staff report and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: l. 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, l O days prior to the hearing. 2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined the proposal is a project under CEQA , and an Initial study was completed. 3. The public necessity, general welfare, and good planning practices justify the Project. 4. The granting of the modification will not be materially detrimental to the publlc's health and safety, or injurious to the property or improvements in the zone or vicinity in which the subject property is located/ 4. The granting of the modification is necessary to permit an appropriate improvement on the subject property. 5. The granting of the modification would not be inconsistent with the purposes and intent of both the Metropolitan Bakersfield General Plan and the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows: 1. The above recitals, incorporated herein, are true and correct. 2. Zoning Modification No. 23-0508 as described in this resolution, is hereby approved subject to the conditions of approval in Exhibit A and as shown in Exhibits B and C. 2
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on the 19th day of October 2023, on a motion by Commissioner Koman and seconded by Commissioner Neal, by the following vote: AYES: NOES: ABSENT: Exhibits: LR: BASHIRTASH, BITTLE, KOMAN, NEAL NONE CATER, KAUR APPROVED A. B. C, Conditions of Approval Location Map Site Plan 3
EXHIBIT "A" PLANNED DEVELOPMENT REVIEW 23-0331 AND ZONE MODIFICATION 23-0508 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) 1. Prior to Building permit approval, 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. 2. A grading permit is required prior to building 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. 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 and Public Works Department. ADD AS A NOTE TO THE PLANS: Buildings or structures shall require installation of an automatic fire sprinkler system where required by current California Building Code and City ordinance. ADD AS A NOTE TO THE PLANS: The developer shall include fire resistive wall construction details with the final building plans for alt exterior walls of any building that is within the distance as set forth in Table 602 of the California Building Code
B. ADD AS A NOTE TO THE PLANS: Prior to issuing a building permit, the Building Division will calculate and collect the appropriate school district impact fees. ADD AS A NOTE TO THE PLANS: Prior to granting occupancy, the Building Division will verify that a water meter serving the development is in place. The developer shall contact the applicable water purveyor to inquire about their process for obtaining water service for the development as soon as possible (for water purveyor agency information contact: 1000 Buena Vista Road; 661-326-3715). DEVELOPMENT SERVICES -PLANNING (1715 Chester Avenue) (Staff contact-Louis Ramirez; 661-326-3023 or Lramirez@bakersfieldcity.us) 1. All parking lots, driveways, drive aisles, loading areas, and other vehicular access ways, shall be paved with concrete, asphaltic concrete, or other paved street sutfacing material in accordance with the Bakersfield Municipal Code {Sections 15.76.020 and 17.58.060.A.) 2. In the event a previously undocumented oil/gas well ls uncovered or discovered on the project, the developer is responsible to contact the California Geologic Energy Management Division {CalGEM). The developer is responsible for any remedial operations on the well required by CalGEM. The developer shall also be subject to provisions of BMC Section 15.66.080.B. 3. 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). 4. Prior to receiving final bu!lding or site occupancy, you must contact the Planning Division (staff contact noted above) for final inspection and approval of the landscaplng, 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. 5. Prior to recordation or concurrently with recordation of each final map, subdivider shall create a Homeowners Association (HOA) and CC&Rs for the subdivision, as approved by the City Attorney and Planning Director to maintain the common areas including the private walkways and private landscaping. Prior to recordation, subdivider shall submit HOA and CC&Rs to the City for review and approval. 6. All mitigation measures included in the adopted Mitigated Negative Declaration for GPA/ZC 22-0337 are hereby incorporated. PDR #23-0331 Page I 2 of 5
C. D. E. FIRE DEPARTMENT (2101 H Street) (Staff contact -Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us) 1. Prior to issuing building permit -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. 2. Prior to issuing building permit -Current fire flow data must be shown on the plan and fire flow requirements must be met prior to construction commencing on the project site. 3. Prior to issuing building permit -the Developer shall submit two (2) sets of utility plans signed by a California Registered Civil Engineer to the Water Resources Department showing connections to underground fire waterlines, including fire service and nearby fire hydrant locations or off-site hydrants on the plans for approval. 4. Prior to issuing building permit -All projects must comply with the current California Fire Codes and current City of Bakersfield Municipal Code and noted on the plan. WATER RESOURCES (1000 Buena Vista Road) (Staff contact -Tylor Hester; 661-326-3009 or THester@bakersfieldcity.us) 1. 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/379/water resources The developer shall complete the Application for Water Service, and submit to the Water Resources Department (application is available for download at bakersfieldcity.us/379/water-resources}. PUBLIC WORKS -ENGINEERING (1501 Truxtun Avenue) (Staff contact -Susanna Kormendi; 661-326-3997 or skormendi@bakersfieldcity.us) 1. The developer shall construct curbs, gutters, cross gutters, sidewalks, and street/alley paving along all public roads 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 PDR #23-0331 Page I 3 of 5
issued. (Allen Road is an Arterial and requires 8 ft wide sidewalk, Pensinger Road is a Collector and requires 7 ft wide sidewalk) 2. The developer shall install streetlights as per standard ST·23.6. 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. 3. Show the construction of standard accessible ramps along the property frontage at the corners of Pensinger Road at Gioconda Ave and Allen Road, and Allan Road at Alisa Lane according to adopted city standards. 4. 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. 5, 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). 6. 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, 7. Building Permit Plans wilt need to show the installation of new connection(s) to the public sewer system. 8. At the time of building permit issuance, a sewer connection fee shall be paid. This fee is based on the rate that is in effect at the time a building permit is issued. 9. Prior to grading permit approval, the developer shall form a new Maintenance District, or update existing Maintenance District Documents. Updated documents, including Proposition 218 Ballot and Covenant, shall be signed and notarized. Contact Subdivisions at (661) 326·3588. 10. Prior to the issuance of each building permit, 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. The Public Works Department will calculate an estimate of the total fee upon submittal of construction plans for the project. 11. 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. 12. Construction of the equivalent full width landscaped median island in Allen Road along the developments frontage is required or a payment of 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 PDR #23~0331 Page I 4 of 5
F. G. construct the full width landscaped median island or pay the median island fee. The median island fee shall be satisfied by fulfilling one of the following options: (1) Pay the standard fee of $100 per linear foot; or (2) Pay the calculated fee based upon actual cost estimates prepared by the Project Engineer, which shall be reviewed and approved by the City Engineer. If the median island is not constructed by the first development along an applicable street frontage, the second development along that street frontage shall construct the full width landscaped median island. 13. The site is within the McAllister Ranch Planned Sewer Area. At the time of building permit issuance, the Planned Sewer Area fee shall be paid. Contact the Public Works Department Subdivisions at 661-326-3576 with questions. PUBLIC WORKS -TRAFFIC (1S01 Truxtun Avenue) (Staff contact -Susanna Kormendi; 661-326-3997 or skormendi@bakersfieldcity.us) 1. 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. PUBLIC WORKS -SOLID WASTE (4101 Truxtun Avenue) (Staff Contact -Richard Gutierrez: 661-326-3114 or RMGutierrez@bakersfieldcity.us) 1. 2. 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: 0 Cart service D Front loader bin services --1 cubic yard/week or less 1 time per week 1 cubic yard/week -12 cubic yards/day • Roll-off compactor service --More than 12 cubic yards/day Every dwelling unit must have its own cart and no more than three (3) carts will be allowed for each single family dwelling unit. A screened 3' x 9' concrete refuse cart storage pad must be provided for carts when they are not out for collection (this area shall be clearly shown on the final building plans). The Solid Waste Division will determine where service collection will occur (street curbside or alley). PDR #23-0331 Page I 5 of 5
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(ZONE DISTRICTS)
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6,000 sq.I!. mi• lo11iic
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4,500,qfl.wmloi 1l1e
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4,500 1qJ1, r.,;n le! 1(1e (<inglft lomily)
6Ji00 ,q.fl. r,ia Jo! ,ho {Olullilamily)
1,500 ,qJt lo! o, .. Jdwolli,g onir
R.J Multifl• lom/y lhr,llino
6,000 ,q.lt. mta l<>11lze
!,'llO ,q.h. lot ar .. /dw,lliag und
R..( Hlg~ Donsily Mulllple fttmilt D~ellmg
6,000 sq.ft_ rn<ll lot di,
600 ,q.t!. lo! or .. Jdwcll Ing •nit
R-H l:a1id1n1i!B Ho!dlflll
70ot1omlnlo!il,e
A ~gii,uliuro
6,(00 •~.ft. mlo !o! iii•
A-70A Agii,ultoro
20•rr• minto11l1e
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M-1 Llglt! Monof,11oring
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