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HomeMy WebLinkAboutRES NO 183-04 183-04 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A 416 UNIT APPARTMENT COMPLEX AT 4185 PA'I-]'ON WAY/7800 MEANY AVENUE WITHIN AN R- 2/PUD ZONE DISTRICT (FILE NO. 04-0233) WHEREAS, Jim Ward filed an application requesting development plan review approval for the construction of a 416 unit apartment complex on 27.38 acres within an R-2/PUD (Limited Multiple-Family Dwelling/Planned Unit Development) zone district at 4185 Patton Way/7800 Meany Avenue (Exhibit 2); and WHEREAS, the Planning Commission through its Secretary set Thursday, April 15, 2004, at the hour of 5:30 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public hearing before said Commission and notice of said hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, at said hearing the issue was duly heard and considered, and the Planning Commission approved said development plans as the project would meet all required development standards and mitigation; and WHEREAS, the Planning Commission forwarded their recommendations to the City Council recommending approval of the development plans; and WHEREAS, the City Council through its Clerk set Wednesday, May 12th, at the hour of 5:15 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for the Council's review of said site plan; and WHEREAS, at the above mentioned meeting date, all evidence concerning the project was considered by the Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD as follows: A. That the Planning Commission's findings as contained in their resolution (No. 37- 04) are hereby adopted. B. That the development plan as conditioned in attached Exhibit "1" and as shown in attached Exhibit "3", is hereby approved. ......... 000 ........ ORIGINal_ the I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by Council of the City of Bakersfield at a regular meeting thereof held on · ,Av . .. .... by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNC LMEMBER COUNC LMEMBER COUNClLMEMBER PAMELA A. McCARTHY, CMI~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 1 2004 APPROVED as to form VIRGINIA GENN~RO Attachments: Exhibit 1 - Conditions of Approval with Site Plan Review Conditions Exhibit 2 - Location Map/with zoning Exhibit 3 - Preliminary Development Plans S:~ZoneChange\Dev Plan Review~04-0233\CC res.doc 2 EXHIBIT "1" PUD DEVELOPMENT PLAN REVIEW - 04~)233 CONDITIONS OF APPROVAL 1. The developer shall plant minimum 24-inch box container sized tree, spaced no greater than 20 on center along the entire perimeter of the north property line as screening from ovedook and to provide a buffer between the proposed apartment complexes and the adjacent residences. Tree varieties shall be mixed and clustered as depicted on the site plan to create a forested tree buffer along the north edge of the project. (Planning Department) 2. Ail landscaping along the north wall shall be planted and the entire street shall be constructed with Phase I of development. (Planning Commission) 3. Pdor to issuance of building permits for any building within the project site, the applicant shall c°nstruct a minimum 6-foot high masonry wall on the north side of the Beardsley Canal, along the entire property line between the canal and the subject site, unless prior to recordation, an improvement agreement in accordance with BMC Section 16.32.010 is entered into between the subdivider and the City of Bakersfield. Said agreement will not allow occupancy of any building until all required public improvements have been completed and accepted by the City Engineer and all pdvate improvements have been completed and proper certification of those improvements has been submitted to the City Engineer. The wall shall be constructed along the north side of the canal boundary and be measured from highest adjacent grade. The wall shall be maintained by the owner of the apartment complex(es). Required per City Council Resolution 130-01, relative to GPA/SPA/ZC P01-0227 and to satisfy BMC Section 16.32.060 B. 8.a, The Riverlakes Ranch Specific Plan and based on a finding of orderly development. The Water Resources Dept. recommends the wall be maintained by the private homeowners 4. 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 or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. (City Attorney's Office) LP t S:~ZONECHANGE~DEV PLAN REVIEW~O4-O2331CCIEXA.DOC April 2 I, 2004 ORIGIN~L Exhibit "1" PD Review 04-0233 Page 2 of 11 MITIGATION MEASURES: AIR QUALITY Mitigation measures proposed for construction equipment exhaust: a) The developer shall properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. b) The developer shall shut down equipment when not in use for extended pedods of time to reduce emissions associated with idling engines. c) The developer shall encourage ride sharing and use of transit transportation for construction employee commuting to the project site. d) The developer shall use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. e) The developer shall curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. Mitigation measures for fugitive dust emissions: a) All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilized suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. b) All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stablizedsuppressant. c) All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emssions utilizing application of water or by presoaking. d) When materials are transported offsite, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. e) All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden). f) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. Exhibit "1" PD Review 04-0233 Page 3 of 11 g) h) i) J) k) ~) Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). Limit construction-related vehicle speeds to 15 mph on all unpaved area at the constructions site. Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. TRAFFIC IMPACT: 1. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee - RTIF) as indicated in Table 7 of the traffic study. An estimate and fee schedule shall be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. a) Coffee Road/Meany Avenue - Install signal, add north bound left and dght turn lanes, 3.49% share. b) Fruitvale Avenue/Meany Avenue - Add west bound left turn lane, 1.89% share. c) Calloway Drive/Rosedale Highway - Add east, west and north bound left turn lanes, north and south bound through lanes, north bound dght turn lane, 0.69% share d) Coffee Road/Rosedale Highway - Add east bound right turn lane, 3.24% share e) Fruitvale Avenue/Rosedale Highway - Add north, east and west bound left turn lanes, add north, east and west bound right turn lanes, 1.8% share 2_. Regional Transportation Impact Fee - Pay the standard residential fees, as adopted at time of development, for the residential portions. CULTURAL RESOURCES: 1. If cultural resources are found during ground disturbance, subdivider shall consult a qualified amheological professional. 0RIOi~!",L ' Exhibit "1" PD Review 04-0233 Page 4 of 11 SITE PLAN COMPLIANCE LIST The following are specific items that the Site Plan Review Committee has noted that you need to resolve before you can obtain a building permit or be allowed occupancy. These items may include changes or additions that need to be shown on the final building plans, alert you to specific fees, and/or are comments that will help you in complying with the City's development standards. The item will note when it is to be completed and each has been grouped by department so that you know who to contact if you have questions. A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 6611326-3718) The developer shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. A final soils report shall also be submitted to the Building Division before they can issue a building permit. Please note that approved grading plans must also match final building site plans and landscaping plans. 2. Show on the final site plan how and where water will be drained from the property. The developer shall include fire resistive wall construction details with the final building plans for all extedor walls of any building that are within 20' of property lines if it is commercial, or 5' of property lines if it is residential. Include with or show on the final building plans information necessary to vedfy that the project complies with ali disability requirements of Title 24 of the State Building Code. 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. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673) The minimum parking required for this project has been computed based on use and shall be as follows: Parking Required Use Ratio Parking Phase 1:48 -2 bedroom apts 160 -2+ bedroom apts. Guest parking 1.5 spaces/unit 72 spaces 2 spaces/unit 320 spaces 10% 40 spaces Phase 2:48 -2 bedroom apts 160 - 2+ bedroom apts. Guest parking 1.5 spaces/unit 72 spaces 2 spaces/unit 320 spaces 10% 40 spaces ,~ ~',~,, Total 864 sE,~es OR~G~_ Exhibit "1" PD Review 04-0233 Page 5 of 11 (Note: 883 parking spaces are shown on the proposed site plan. By ordinance, compact and tandem spaces cannot be counted toward meeting minimum parking requirements) Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over landscape areas no more than 2¼ feet provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles. All parking lots, driveways, drive aisles, loading areas, and any other vehicular access ways, shall be paved with concrete, asphaltic concrete (A. C.), or other paved street surfacing material in accordance with the Bakersfield Municipal Code (Sec.5.76.020 & 17.58.050 N.). Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A). 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 residential properties and streets. Use of glare shields or baffles may be required for glare reduction or control of back light. All light poles, standards and fixtures, including bases or pedestals, shall not exceed a height of 40' above grade. The final building plans shall include a picture or diagram of the light fixtures being used and show how light will be directed onto the parking area. Please note that staff can require additional adjustments to installed lighting after occupancy to resolve glare of other lighting problems that effect adjacent properties. The developer shall include a copy of a final landscape plan with each set of the final building plans submitted to the Building Division. Building permits will not be issued until approval by the Planning Division of a landscape plan consistent with minimum ordinance standards and related landscape conditions of approval (please refer to the attached landscaping requirements in Chapter 17.61 ). (NOTE: At the time a final site inspection is conducted, it is expected that plants will match the species identified and be installed in the locations consistent with the 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.) Overlooks from windows, balconies, and decks of the 2"~ or higher floor into rear yards of property containing single family homes must be architecturally screened (see attached Section 17.08.090). This condition affects any office, commercial, and industrial building, and any apartment or condominium structure containing 3 or more units that are within 150 feet of properties zoned R-l, R-S, R-S-lA, 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 attached ordinance section. A solid masonry wall is required to be constructed adjacent to residentially zoned property as indicated by staff on the returned site plan. 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 proper[y, a 7-foot wide landscape stdp that includes landscaping consistent with Chapter 17.61 shall be insta.~et~l,~¥.p,~ ORIGINAL Exhibit "1" PD Review 04-0233 Page 6 of 11 between the wall and parking/drive areas (this will also be noted on the returned plan). Our records show that the project is contained on more than one parcel. These parcels shall be merged into one parcel because parking must be on the same site as the project (Section 17.58.010B of the B.M.C.), building setbacks cannot be met based on the design layout, and/or a parcel line bisects a building. A parcel map 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 and these parcels have been merged, please provide a copy of the parcel map, subdivision map, or certificate of compliance showing the property as one parcel. (Note: An Assessor's parcel map is not acceptable since the County Assessor cannot create nor verify that a lot was legally created. Also, if the deed describes multiple lots, this is not a legal merger.) Addressing for the project shall be designated after approval of the tentative parcel map. Once assigned, these address numbers will be the only addresses assigned by the city unless you wish to have a different address program. 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 ofthe 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 $1,240 per gross acre, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance occurs. 10. A Park Development and Improvement 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 the permit is issued. The current fee is $1,275 for each independent residential unit. 11. 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 pdor approval from the Planning Division may result in reconstruction and delays in obtaining building or site occupancy. LP t $:~ZONECHANGEIDEV PLAN REVIEW~O4-O233~CC~EXA.DOC April 21, 2004 ORIGIN,~L Exhibit "1" PD Review 04-0233 Page 7 of 11 C. FIRE DEPARTMENT (staff contact- Dave Weirather 661/326-3706) 1. Show on the final building plans the following items: All fire lanes as identified on the returned plans. Any modifications shall be approved by the Fire Department. Fire lane identification signs shall be installed every 100 feet with red curbing when curbing is required. All work shall be completed before occupancy of any building or portion of any building is allowed. 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 pdor to construction commencing on the project site. Please provide 2 sets of the engineered water plans to Dave Weirather. (Note: All new fire hydrants must be purchased from the Fire Department.) 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. 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. e. Name and phone number of the appropriate contact person. The developer must request an inspection of any underground sprinkler feeds at least 24 hours before they are buded. The Prevention Services Division (1715 Chester Avenue, Suite 300, 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. The developer shall show on the final building plans a minimum 20' wide all-weather emergency access with an overhead clearance of 13'6' within 150' of all buildings on the project site. The Fire Department must approve the final location and design of this access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. All access (permanent and temporary) to and around any building under construction must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent water ponding. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. LP ~ S:tZONECHANGEIDEV PLAN REVlEW~O4-O233iCCiEXA.DOC April 21, 2004 ORIGt~AL Exhibit "1" PD Review 04-0233 Page 8 of 11 D. PUBLIC WORKS - ENGINEERING (staff contact- George Gillburg 6611326-3997) The developer shall construct curbs, gutters, cross gutters, 5'6' wide sidewalks, and streetJalley paving along unnamed streets 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. The developer shall install 11 street lights as shown by staff on the returned site plan, and street lights as necessary along the portion of Scarlet River Drive not shown on the plan. The developer shall be responsible for providing the labor and materials necessary to energize all newly installed street lights 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. The developer shall construct standard handicap ramps at the northeast and northwest corners of Meany Avenue 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. 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. All on-sita areas required to be paved (ie. parking lots, access drives, loading areas, etc.) shall consist of concrete, asphaltic concrete (Type B, A. C.) or other paved street material approved by the City Engineer. Pavement shall be a minimum thickness of 2 inches over 3 inches of approved base matedal (ie. Class II A. B.). This paving standard shall be noted on the final building plans submitted to the Building Division before any building permits will be issued. Ifa 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 Building Division. Before any building or site can be occupied, the developer must reconstruct or repair substandard off-site improvements to adopted city standards as directed by the City Engineer. Please call the construction superintendent at 661/326-3049 to schedule a site inspection to find out what improvements may be required. 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, LP t S:~ZONECHANGEIDEV PLAN REVIEW~O4-O233iCCIEXA,DOC April21, 2004 ORIC~)~JAL Exhibit "1" PD Review 04-0233 Page 9 of 11 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. 10. 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. 92-08-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. 11. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued, or if no building permit is required, before occupancy of the building or site. This fee will be based at the rate in effect at the time the building permit is issued. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997) Show on the final building plans 36' wide (top-to-top) ddve approach(es) as indicated by staff on the returned site plan. Drive approaches must be centered on ddve aisles. All dimensions shall be shown on the final building plans, Street return type approach(es), if used, shall have 30' minimum radius returns with a 36' throat width. All dimensions shall be shown on the final building plans. Two-way ddve aisles shall be a minimum width of 24 feet. If perpendicular (90[]) parking spaces are proposed where a vehicle must back into these aisles, the minimum aisle width shall be 25 feet. All ddve aisle dimensions shall be shown on the final building plans. Show the typical parking stall dimensions on the final building plans (minimum stall size is 9 feet x 18 feet). PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114) 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 by the LP ~ S:tZONECHANGE[DEV PLAN REVlEWtO4-O233tCCtEXA.DOC April 2 I, 2004 ORIGINAL Exhibit "1" PD Review 04-0233 Page 10 of 11 businesses without violating required zoning restrictions (see Planning Division items). Levels of service are based on how often collection occurs as follows: Can or cart service -- Front loader bin service -- Roll-off compactor service -- 1 cubic yard/week or less 1 cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day Show on the final building plans 14, refuse bin enclosures designed according to adopted city standards (Detail #S-43). Before occupancy of the building or site is allowed, 46, 3 cubic yard front loading type refuse bins shall be placed within the required enclosures. Phase 1 Phase 2 Phase 3 4 - 6' x 40' inside dimension 2 - 6' x 40' inside dimension 2 - 6' x 16' inside dimension 2 - 6' x 24' inside dimension (future) 3 - 6' x 24' inside dimension 1 - 6' x 16' inside dimension 17 - 3 cubic yard bins 8 - 3 cubic yard bins 4 - 3 cubic yard bins 6 - 3 cubic yard bins 9 - 3 cubic yard bins 2 - 3 cubic yard bins Total Number of Bins All Phases 46 - 3 cubic yard bins 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. Facilities that require grease containment must provide a storage location that is separate from the refuse bin location. This shall be shown on the final building plans. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. This shall be shown on the final building plans. LP t S:~.ZONECHANGEIDEV PLAN REVIEW~O4-O2331CCIEXA.DOC April 21, 2004 COFFEE ROAD rn ITl Z .-1 AVENUE OR Gib?.~ i~ ! :' '? ,1.~,= ..... .....: -=-J/- M~LTI FAMILY° APARTME"T PRiJi~ T,--- Er: