HomeMy WebLinkAboutRES NO 099-06
RESOLUTION NO.
o 99':' 0'-8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD UPHOLDING THE PLANNING COMMISSION'S
DECISION REGARDING SECONDARY VEHICULAR ACCESS,
WHICH UPHELD THE DEVELOPMENT SERVICES DIRECTOR'S
APPROVAL OF A COMPLIANCE REVIEW OF A 185-UNIT
MULTIPLE FAMILY PROJECT ON 19.07 ACRES ZONED R-2
(LIMITED MULTIPLE FAMILY RESIDENTIAL) AND DENYING THE
APPEALS BY A & E UNION, FLETCH WAGGONER AND PULTE
HOMES (File No. SPR 05--1641)
WHEREAS, on December 15, 2005, the Development Services Director held a public
hearing and approved a negative declaration and site plan review for a 185-unit multiple family
project on 19.07 acres zoned R-2 (Limited Multiple Family Residential) located at 14801 Casa Club
Drive (File No. SPR 05-1641); and
WHEREAS, timely appeals were filed by A & E Union and Fletch Waggoner
objecting to the Development Services decision concerning secondary access, orderly
development, burden upon the existing homeowner's associations, project design and density, and
access locations; and
WHEREAS, on February 2,2006 the Planning Commission held a public hearing and
denied the appeal upholding the Development Services decision but added two conditions to the
Fire Department's requirements that secondary emergency access be aIBilable for their use before
building permits are issued, and that the applicant develop an enforcement program to prohibit
vehicles from parking within the development's private drives to maintain appropriate emergency
access to each unit; and
WHEREAS, timely appeals were filed by A & E Union, Fletch Waggoner and Pulte
Homes objecting to the Planning Commission's decision concerning secondary access; and
WHEREAS, the City Council through its Clerk set April 5, 2006, at the hour of6:30
p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public
hearing before them on the appeal, and notice of their hearing was given in the manner provided by
Title Seventeen of the Municipal Code of the City of Bakersfield; and
WHEREAS, the City Council considered during the hearing, all facts, testimony and
evidence concerning the projec~ including the Director's decision, negative declaration, staff report,
and deliberation and action by the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD AS FOLLOWS:
1. The decision of the Planning Commission is hereby upheld subject to the
conditions in Exhibit A.
2. The appeal is denied.
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I HEREBY CERTIFY that the foregoing Resolution was passed £!nd ado¡;¡\ß..d. by the
Council of the City of Bakersfield at a regular meeting thereof held on ApR 5 LUUb
by the following vote:
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NOES:
ABSTAIN:
, ABSENT:
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COUNCILMEMBER COUCH. CARSON. BENHAM, MAGGARD, HANSON. SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER \~L v~_\I'-b.- v,
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PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio rk of the
Council of the City of Bakersfield
APPROVED
APR 5 2üü\)
HARVEY L. AL
MAYOR of the City of Bakersfiel
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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EXHIBIT A
CONDITIONS AND ORDINANCE COMPLIANCE
The following are specific items that you need to resolve before you can
obtain a building petmit or be allowed occupancy. These ifems 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, a/eft you to specific fees, and other comments that
will help you in cOTrfJlying 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 whom to contact if you have questions.
A. DEVELOPMENT SERVICES - BUILDING (staff contact -- Mark Fick 6611326-3437)
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 b 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 penn its
will not be issued until the grading plan is approved by both the Building Division and
Public Works Department.
2, Show on the final site plan how and where water will be drained from the property.
3, 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,
4, The developer shall obtain all required approvals from the Kem 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,
5, 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,
6, The Building Division will calculate and collect the appropriate school district impact
fee at the time they issue a building permit.
7, Final building plans shall show pedestrian access pathways or easements for
persons with disabilities from Casa Club Drive to the pool/cabana area in accordance
with the California Building Code, These pedestrian access ways shall not be parallel
to vehicular lanes unless separated by curbs or railings, One van accessible parking
stall shall be provided at the pool/cabana area and the picnic area,
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B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673)
1. The minimum parking required for this project has been computed based on use and
shall be as follows:
YR
Number of
Dwellina Units
Parking
Bi!iQ
Required
fmIIiDg
Condominium Project
185D.U.'s 2spaces/D.U. 370 spaces
(plus 10% additional for guest parking) 37soaces
Total Required 407 Spaces
(Note: 470 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)12 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, The developer shall include a copy of a final landscape plan with each set of the final
building plans submitted to the Building Dil.ision. 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 andlor relocation of
installed plant materials and delays in obtaining building occupancy.)
5, Habitat Conservation fees shall be required for this project and will be calculated
based on the fee in effect at the time v-.e 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 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.
6, A Park Development and Improvement Fee shall be paid at the time a building pell11it
is issued, We will base this fee at the rate in effect at the time the pennit is issued.
The current fee is $1,430 for each independent residential unit.
7. 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,
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8, 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.).
9, 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
stabilizerlsuppressants 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 carryout/track out; and cease
grading and earth moving during periods of high winds (20 mph or more).
10, 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.
11, View fencing as shown on the proposed site plan, shall be installed along the
boundary of the site and golf course in accordance with Modification 05-0854 as
approved by the Board of Zoning Adjustment.
C. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706)
1, Show on the final 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 rire hydrants must
be purchased from 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.
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 permits being issued. This access shall be constructed
before building occupancy will be granted.
3, 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 v.k1ere ditches and barriers exist
in or cross roadways, Emergency vehicle access must always be reliable.
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4, Prior to the issuance of building permits, the southem access from the area to
Miramonte Drive shall be available for use by the Fire Department.
5, A program for enforcement by the homeowner's association of illegal parking in the
access drives shall be provided to the satisfaction of the Fire Department and City
Attomey, which may include posting of signs and/or painting/staining curbs red to
prohibit illegal parking. This program must be recorded as a separate document or
be incorporated into the recorded CC&R's,
D. PUBLIC WORKS - ENGINEERING (staff contact - George Gillburg 661/326-3997)
1. The developer shall construct 5'6" wide sidewalk along the parcel frontage of Casa
Club Drive according to adopted city standards, These improvements shall be shown
on the final building plans submitted to the Building Dil.1sion before any building
permits will be issued,
2, The developer shall install 2 (two) street lights along Casa Club 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 Dil.1sion before any building permits will be
issued.
3, The developer shall construct standard handicap ramps at the southwest corner of
Casa Club Drive and Donaldo Street, and at both sides of the entrance at Casa Club
Drive and J Street according to adopted city standards, These improvements shall
be shown on the final building plans submitted to the Building Dil.1sion before any
building permits 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 permits will be issued.
5, 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,
6, 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,
7. A street permit from the Public Works Department shall be obtained be1bre 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 }OU
apply for this permit.
8. A sewer connection fee shall be paid at the time a building penn it is issued. We will
base this fee at the rate in effect at the time a building permit is issued,
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9, 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 penn it is
issued. The Public Works
Department will calculate an estimate of the total fee when you submit construction
plans for the project.
10. The legal description (ie. lot and tract number and/or assessor's parcel number) shall
be shown on the final building plans,
11. 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 326-3576),
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
28' throat width. All dimensions shall be sho'M1 on the final building plans,
2, It is recommended that all radius retums for the private drives within the development
be a minimum of 20 feet consistent with the City's standards for public streets to
lesson circulation conflicts.
F. PUBLIC WORKS - SOLID WASTE (staff contacts - John Wilburn/James Scrivano 661/326-3114)
1, You must contact the staff Derson noted above before buildina Dennits can be
issued or work beains on the DroDertv to establish the level and tvDe of service
necessarv for the collection of refuse andlor recvcled 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
1 cubic yard/week or less 1 time per week
· Front loader bin services
· Roll-off compactor service
1 cubic yard/week - 12 cubic yards/day
More than 12 cubic yards/day
2, Facilities that participate in recycling operations must provide a location that is
separate from the refuse containment area,
3, Each unit will be serviced with automated carts. Every dwelling unit must have its
own cart and no more than 3 carts will be allowed for each parcel. Carts must have a
location when not out for collection {this area shall be clearlv shown on the final
buildino Dlans\. Collection shall be detennined by the Solid Waste Division, which
may be provided from the street curbside or alley.
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