HomeMy WebLinkAboutRES NO 231-04RESOLUTION NO. 2 3 ~. "0 4
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING DEVELOPMENT PLAN FOR THE
CONSTRUCTION OF A 159 UNIT APARTMENT COMPLEX
LOCATED AT 1000 RIVER RANCH DRIVE WITHIN AN R-2/PUD
ZONE DISTRICT (FILE NO. 04-0518)
WHEREAS, Porter-Robertson, filed an application requesting approval of
preliminary development plans for construction of 159 multiple family dwelling units on 18.73 acres
in an R-2/PUD (Limited Multiple Family Residential/Planned Unit Development) zone located at
1000 River Ranch Drive, as shown on attached Exhibit "2"; and
WHEREAS, the Planning Commission through its Secretary set Thursday, May 20, 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, July 21, 2004, at the hour of
5:15 p.m., or soon thereafter 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, the City Council referred the project back to staff to review traffic issues; and
WHEREAS, on July 28, 2004, a meeting was held between representatives from the
neighborhood, the applicant and staff to discuss the project; and
WHEREAS, on Wednesday, August 18, 2004, the City Council considered said project; 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. 58-04
are hereby adopted.
B. Any acquisition or disposal of right-of-way to facilitate construction of the intersection
of White Rock and River Ranch Drives is consistent with the General Plan pursuant
to Government Code 65402.
That the development plan as conditioned in attached Exhibit "1" and as shown in
attached Exhibit "3," is hereby approved.
ORIGINAL
Council
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the
of the City of Bakersfield at a regular meeting thereof held on
AUG 1 8 -~@0a. by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCiLMEMBERCOtUCH~C~.~_S~ BENHAM, MAGGARD. HANSON, SULLIVAN. SALVAGG O
COUNCILMEMBER v
COUNCILMEMBER
COUNCILMEMBER
APPROVED AUG i $ Z004
Mayor of the City of Bakersfield
PAMELA A. McCARTHY,
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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\04-0518\CC\CC res.doc
ORIGINAL
EXHIBIT "1"
PLANNED DEVELOPMENT REVIEW #04-05t8
CONDITIONS OF APPROVAL
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 ali 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.
There shall be a minimum 10-foot setback for those one-story buildings adjacent the R-1 (One
Family Dwelling) zone. The minimum building setback for two-story buildings is 25-feet and shall
be subject to the overlook standards in accordance with the zoning ordinance.
3. A minimum 6-foot high masonry wall shall be constructed on all sides of the project boundary.
There shall be no parking on the street along the bulb portions of the cul-de-sacs. Developer shall
post "No Parking" signs or markings prior to occupancy of any unit.
The specific location of the gated street entries shall be approved by the City Traffic Engineer prior
to installation to ensure adequate stacking and clearance.
Prior to issuance of a building permit, developer shall encumber the multiple family development
portion of the subdivision to provide common access and continuing maintenance of the private
street, guest parking, recreational amenities, open space and landscape areas, and general
maintenance of structures. This may be provided through CC&Rs, an association or
other instrument approved by the City Attorney. The instrument proposed by the subdivider shall be
submitted to the City Attorney and Planning Director for review and approval issuance of a building
permit.
The clubhouse, swimming pool and landscaping shown in Lot 5 shall be constructed with Phase 1
of the project. The open space area (Lot 13) shall be constructed as shown on the plan with
Phase 2.
Jeng / S:~ZoneChange~Dev Plan Revie w~04-0518~CC~8-18 cc~Exh 1.doc
August 4, 2004
Prior to issuance of a building permit, developer shall construct a "T" intersection to City standards
at River Ranch and White Rock Drives
P- m
Exhibit "1"
PD Review #04-0518
Page 2 of 8
MITIGATION MEASURES:
If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the archeologist.
Mitigation measure as recommended by September 26, 2003 letter, the California Archaeological
Inventory at California State University.
10.
The criteria pollutant most affected by proposed mitigation measures will be PM~o. As the project
will be completed in compliance with SJVAPCD Regulation VIII, dust control measured will be taken
to ensure compliance specifically during Phase 2 - Construction. The mitigation measures are as
follows:
,, Water exposed surfaces (soil) three-times/day.
Water all haul roads (unpaved) three-times/day.
· Reduce speed on unpaved roads to under 15 miles per hour.
Air Quality Mitigation (from "Air Quality Impact Analysis, Brimhali & coffee Roads Development," by
Insight Environmental Consultants, Inc. October 6, 2003):
SITE PLAN COMPLIANCE LIST
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 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 661/326-3718)
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 pen-nit. Please note that approved grading plans
must also match final building site plans and landscaping plans.
The developer shall include fire resistive wall construction details with the final building
plans for all exterior walls of any building that are within 20' of property lines if it is
commercial, or 5' of property lines if it is residential.
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Exhibit "1"
PD Review #04-0518
Page 3 of 8
Include with or show on the final building plans information necessary to verify that the
project complies with all disability requirements of Title 24 of the State Building Code.
The developer shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA; 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 State Building Code.
Structures exceeding 10,000 square feet in area shall require installation of an automatic fire
sprinkler system.
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.
Business identification signs are not considered nor approved under this review. A separate
review and sign permit from the Building Division is required for all new signs, including
future use and construction signs. Signs must comply with the Sign Ordinance (Chapter
17.60 of the Bakersfield Municipal Code).
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:
No. of Parking Required
Use Dwelline Units Ratio Parkine
Apartment Complex 159 D.U.'s 2 spaces/I). U. 318 spaces
(Plus guest parking 1 space fl). U.) 159 soaces
Total Required 477 Spaces
(Note: 441 regular parking spaces are shown on the proposed site plan. There are 318 tandem spaces.(Total
759 spaces shown on proposed site plan. Per BMC Section 17.58.110 (3), the Planning Director may approve
tandem spaces to be counted toward meeting minimum parking requirements. Tandem spaces must be 9' wide
x 18' long.)
Developer shall provide 2 tandem parking spaces for each unit. The tandem spaces shall be
9' wide x 18' long.
Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over
landscape areas no more than 21/2 feet provided required setbacks along street frontages are
maintained, and trees and shrubs are protected from vehicles.
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Exhibit "1"
PD Review #04-0518
Page 4 of 8
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 (Sections 15.76.020 and
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.
Because parking and/or access is being shared with adjacent properties (ie. retail or office
centers), the developer shall file with the Planning Division before any building permits are
issued a copy of a recorded map, C. C. and R.'s, or other instrument that ensures that drive
aisles, parking, and access is legally shared in common with adjoining properties as depicted
on the site plan for the life of the project.
The developer shall include a copy of a final landscape plan with each set of the final
building plans submitted to the Building Division. Building permits will not be issued until
the Planning Division has approved the final landscape plan for consistency with approved
site plans and minimum ordinance standards (please refer to the 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.)
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 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 (this will also be noted on the returned plan).
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O~G~NAL
Exhibit "1"
PD Review #04-0518
Page 5 of 8
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 $1,240 per gross acm, payable to the City of Bakersfield (submit to the Planning
Division). This fee must be paid before any grading or other site disturbance occurs.
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.
10.
Refuse collection bin enclosures and container areas are subject to all required structural
setbacks from street frontages, and shall not reduce any parking, loading or landscaping areas
as required by the zoning ordinance.
11.
In the event a previously undocumented oil/gas well is uncovered or discovered on the
project site, the developer is responsible to contact the Department of Conservation's
Division of Oil, Gas, and Geothermal Resources (DOGGR). The developer is responsible
for any remedial operations on the well required by DOGGR. The developer shall also be
subject to provisions of BMC Section 15.66.080 (B.).
12.
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 stabilizers/suppressants to
control dust emissions from disturbed areas, stock piles, and access ways; covering or
wetting materials that are transported off-site; limit construction-related speeds 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).
13.
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
building or site occupancy.
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Exhibit "1"
PD Review #04-0518
Page 6 of 8
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 prior 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.)
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.
d. Name and phone number of the appropriate contact person.
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.
The gates on White Rock Drive and Fox Run Drive shall be a minimum 20 feet wide or be
two, fifteen foot wide gates.
D. PUBLIC WORKS - ENGINEERING (staff contact- George Gillburg 661/326-3997)
The developer shall construct curbs, gutters, cross gutters, 5'6' wide sidewalks, and
street/alley paving along all streets in tract 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.
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ORIGINAL
Exhibit "1"
PD Review #04-0518
Page 7 of 8
The developer shall construct standard handicap ramps at all comers 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-site 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 material (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.
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 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.
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.
If the project is subject to the provisions of the National Pollutant Discharge Elimination
System (NPDES), a "Notice of Intent" (NOD 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.
10.
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.
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August 4, 2004
ORIGINAL
Exhibit "1"
PD Review #04-0518
Page 8 of 8
12. The legal description (ie. lot and tract number and/or assessor's parcel number) shall be
shown on the final building plans.
PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997)
1. Two-way drive 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 drive aisle dimensions shall be shown on the final building plans.
2. 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 Wiiburn 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 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 42, 6' x 8' (inside dimension) refuse bin enclosures designed
according to adopted city standards (Detail #S-43). Before occupancy of the building or site
is allowed, 39, 2 cubic yards, 3, 1.5 cubic yards, front loading type refuse bins shall be
placed within the required enclosures.
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