HomeMy WebLinkAboutRES NO 282-05
RESOLUTION NO, 2 8 2 - 0 5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING DEVELOPMENT PLAN FOR THE
CONSTRUCTION OF A 62,840 SQUARE FOOT COMMERCIAL
OFFICE COMPLEX AT 9700 BRIMHALL ROAD WITHIN A
C-O/P,C.D. ZONE DISTRICT (FILE NO, 05-1227)
WHEREAS, Skarphol Associates filed an application requesting development plan
review approval for the construction of a 62,840 square foot commercial office complex on 7.49
acres within a C-O/P.C.D. (Professional and Administrative Office/Planned Commercial
Development) zone district at 9700 Brimhall Road (Exhibit 2): and
WHEREAS, the Planning Commission through its Secretary set Thursday, October 20,
2005, 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, November 30, 2005, 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.154-
05) are hereby adopted.
B. That the development plan as conditioned in attached Exhibit "1" and as shown in
attached Exhibit "3", is hereby approved,
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by
the Council of the City of Bakersfield at a regular meeting thereof held on November 30, 2005.
by the following vote:
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NO S:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
LvI,"O~Å 11.JJv1J1;:tKw/ë
PAMELA A. McCARTHY, MC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 3 0 2005
HARVEY L. HA L
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~~~
Attachments:
Exhibit 1 - Conditions of Approval with Site Plan Review Conditions
Exhibit 2 - Location Map/with zoning
Exhibit 3 - Preliminary Development Plans
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"EXHIBIT I"
PD Review #05-1227
Page I of8
EXHIBIT "1"
PLANNED DEVELOPMENT REVIEW #05-1227
CONDITIONS OF APPROVAL
I. 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
hannless 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 tenns 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 pennits 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 finn to defend the City at the sole cost and expense of the Applicant and
the City is not obligated to use any law finn or attorney chosen by another entity or party.
A. DEVELOPMENT SERVICES - BUILDING (staff contact - Mike Quon 661/326-3676)
1. An approved grading plan is required prior to final plan approval. 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 grading plans must be consistent with the final
building site plans and landscaping plans. Building permits will not be issued until the
grading plan is approved by both the Building Division and Public Works Department.
2. 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.
3. Before the Building Division can allow occupancy of this office 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.
4. The Building Division will calculate and collect the appropriate school district impact fee at
the time they issue a building permit.
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"EXHIBIT 1"
PD Review #05-1227
Page 2 of8
5. Final building plans shall show pedestrian access pathways or easements for persons with
disabilities from public rights-of-way that connect to all accessible buildings, facilities,
elements, and spaces in accordance with the California Building Code. These pedestrian
access ways shall not be parallel to vehicular lanes unless separated by curbs or railings.
B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3679)
1. The minimum parking required for this project has been computed based on use and shall be
as follows:
Use
Square
Foota2e
Parking
Ratio
Required
Parkin2
Office ComDlex
General Office (72 %)
Medical Office (28 %)
62.840 sa. ft,
45,500 sq, ft.
17,340 sq, ft.
1 space/230 sq. ft.
1 spacel125 sq. ft.
Total Required
198 spaces
139 SDaces
337 Spaces
(Note: 338 parking spaces are shown on the proposed site plan. By ordinance, compact and tandem spaces
cannot be counted toward meeting minimum parking requirements.)
2. Minimum parking stall dimensions shall be 9'wide x 18' long. Vehicles may hang over
landscape areas no more than 2'/2 feet provided required setbacks along street frontages are
maintained, and trees and shrubs are protected from vehicles.
3. 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.).
4. 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.
5. The developer shall include a copy of a final landscape plan with each set ofthe 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).
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"EXHIBIT 1 "
PO Review #05-1227
Page 3 of8
(NOTE: At the time a fmal 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.)
6. 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).
7. 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 pennit (includes grading plan
approvals) as defined in the ImplementationlManagement 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 (lmplernentationlManagement 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.
8_ Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel,
hospital, church, school), and industrial buildings adjacent to residentially zoned properties,
shall be completely screened by parapets or other finished architectural features constructed
to a height of the highest equipment, unfinished structural element or unfinished architectural
feature of the building.
9. 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.
10. 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 Geothennal Resources (DOGGR). The developer is responsible for
any remedial operations on the well required by DOGGR. The developer shall also be
subject to provisions ofBMC Section 15.66.080 (B.).
11. 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 emissions from disturbed area, 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
canyout/track out; and cease grading and earth moving during periods of high winds (20 mph
or more). '< 'òM¿::-9
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PD Review #05-1227
Page 40f8
12. 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.
13. The developer shall record a reciprocal parking/access easement for the proposed project.
14. If the office building in the southwest comer of the complex is used as a bank, the proposed
single lane drive-through shall only provide A TM selVices (no teller window shall be
pennitted at this location).
15. There shall be no sweeping of the parking lot between the hours of lOpm and 7am.
16. There shall be no employee "break areas" provided along the north and northeastern
boundaries of the project site.
17. Trees along the northeastern boundary, along the rear of adjacent properties shall be spaced
no greater than 10 feet apart.
C. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706)
I. Show on the fmal building plans the following items:
a. 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 purchasedfrom the Fire
Department.)
b. 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.
c. Name and phone number of the appropriate contact person.
2. 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 pennits being issued. This access shall be constructed before building
occupancy will be granted.
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"EXHIBIT I"
PD Review #05- 1227
Page 5 of8
3. All access (pennanent 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.
D. PUBLIC WORKS - ENGINEERING (staff contact - George GilIburg 661/326-3997)
1. The developer shall construct cUlbs, gutters, cross gutters, 5' 6" wide sidewalks, and
street/alley paving along Brimhall Road and Calloway Drive according to adopted city
standards. These improvements shall be shown on the final building plans submitted to the
Building Division before any building pennits will be issued.
2. The developer shall install 2 (two) street lights along Brimhall Road and Calloway Drive as
shown by staff on the returned site 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 pennits will be issued.
3. The developer shall construct standard handicap ramps at the northwest corner of Brimhall
Road and Calloway Drive according to adopted city standards. These improvements shall be
shown on the final building plans submitted to the Building Division before any building
pennits will be issued.
4. 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 pennits will be issued.
5. If a grading plan is required by the Building Division, building pennits will not be issued
until the grading plan is approved by both the Public Works Department and Building
Division.
6. 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.
7. A street pennit from the Public Warks 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 pennit.
8. A sewer connection fee shall be paid at the time a building pennit is issued. We will base
this fee at the rate in effect at the time a building pennit is issued.
9. A transportation impact fee for regional facilities shall be paid at the time a building pennit is
issued, or if no building pennit is required, before occupancy of the building or site. This fee
will be based at the rate in effect at the time the building pennit is issued. The Public Works
Department will calculate an estimate of the total fee when you submit construction plans {~~.Kf.'1
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PD Review #05-1227
Page 6 of 8
10. The developer shall, along the entire frontage ofthe development within Brimhall Road and
Calloway Drive, either construct a landscaped median island or pay $40 per linear foot to the
city for construction of the median island (V:>-width). Building pennits will not be issued
until one of these options is approved by the Public Works Department.
11. The developer shall fonn a maintenance district for maintaining the landscaped median
island within Brimhall Road and Calloway Drive along the entire frontage of the
development.
12. The legal description (ie.lot and tract number and/or assessor's parcel number) shall be
shown on the fmal building plans.
13. The developer shall dedicate additional road right-of-way to the City of Bakersfield along
Brimhall Road and Calloway Drive to full arterial width according to adopted city standards.
14. With submittal of a land division or Lot Line Adjustment application, provide fully executed
dedication for Calloway Drive and Brimhall Road to arterial standards, including expanded
intersections and additional landscaping as directed by the City Engineer. Submit a current
title report with the dedications.
15. Submit a comprehensive drainage study to be submitted to and approved by the City
Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate
future expansion or consolidation of drainage facilities as adjacent area develops. The study
shall be approved and any required retention site and necessary easements dedicated to the
City. Provide an easement for the ultimate retention basin site, along with necessary
easements for the transportation of drainage water to the site.
16. Submit verification to the City Engineer of the existing sewer systems capability to accept
the additional flows to be generated through development under the new land use and zoning.
17. Construct all street improvements to full width including any expanded intersection for
Calloway Drive and Brimhall Road adjacent to GPA boundary.
18. Payment of median fees for the frontage of the property within the GPA request. These fees
may be paid prior to recordation of the final map or building pennit.
19. Access to the arterial and collector streets will be limited and detennined at time of division
or development. Detennination of whether a right turn lane is required at the access street(s)
will also be made at the time of division or development. A full access opening will only be
considered if the developer funds and installs a traffic signal at the site entrance. Said signal
will only be pennitted if a signal synchronization study is submitted and approved, which
shows progression is not adversely affected.
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"EXHIBIT 1 "
PD Review #05-1227
Page 70f8
20. The entire area covered by this General Plan Amendment shall be included in the
Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the
Consolidate Maintenance District with submittal of any development plan, tentative
subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of
this GPA area.
21. Developer shall pay the standard commercial fees for the office type use, as adopted at time
of development.
E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997)
1. Street return type approach(es), if used, shall have 20' minimum radius returns with a 40'
throat width. All dimensions shall be shown on the final building plans.
2. Two-way drive aisles shall be a minimum width of24 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.
F. PUBLIC WORKS - SOLID WASTE (staff contacts - John Wilburn or James Scrivano 661/326-3114)
1. You must contact the staff person noted above before buildinl! permits can be issued or
work beJins on the property to establish the level and type of service necessarv 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
* Front loader bin services
* Roll-off compactor service
1 cubic yard/week or less 1 time per week
1 cubic yard/week - 12 cubic yards/day
More than 12 cubic yards/day
2. Show on the final building plans refuse bin enclosures. Each enclosure shall be designed
according to adopted city standard (Detail #S-43), at the size checked below0. Before
occupancy of the building or site is allowed, 10 (ten), 3 cubic yard front loading type refuse
bin(s) shall be placed within the required enclosure(s).
o
10 Each = 0
6'deep x 8' wide (1 bin) 0
8'deep x 10' wide (2 bins) 0
8'deep x 15'wide (3 bins)
8'deep x 20'wide (4 bins)
NOTE: All enclosure measurements above are inside dimensions. 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). \ò~KI'
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"EXHIBIT I"
PD Review #05-1227
Page 8 of8
3. Show on the final building plans 4 (four), 6' x 8' (inside dimension) recycling bin location(s).
4. 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 pUlposes.
5. 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. Any individual
building that generates waste grease requires separate storage.
6. Facilities that participate in recycling operations must provide a location that is separate from
the refuse containment area.
7. Locate enclosures to provide a service path from one area to another in order to minimize
travel and backing of service vehicle.
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EXHIBIT 2
LOCA nON MAP
WITH ZONING
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EXHIBIT 3
PRELIMINARY
DEVELOPMENT PLAN
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