Loading...
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. ----------000---------- 'òMl"~ ~ ~ >- iíi \-;:: f; "ORIGINAl 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: ",mS: NOES: ABSTAIN: , ABSENT: V l - \.... \.-- -- COUNCILMEMBER COUCH. CARSON. BENHAM, MAGGARD, HANSON. SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER \~L v~_\I'-b.- v, a-.Ð, A ml '* 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 By:/~~~ if JGE S:\BZA_SPR\Forms\spr..data\2005 spr\05-164I\AppeaI City Council Resolutioll.doc ",I ,> ,PI" 'I~ 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, JGE S:\BZA _ SPR\Forms\spr _data\2005 spr\05-164I\Appeal City Council Resolution.doc "z " ,", . , 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, JGE S:\BZA _ SPR\Forms\spr _ data\1005 sprlOS· 164 I \AppeaI city Council Resolution.doc ",...." 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. \ JGE S:\BZA _ SPRIForms\spr _data\2005 spr\OS-1641IAppeal City Counçil Resolution_doc 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, JGE S:\8ZAßPR\Forms\spr _ data\2005 spr\05-164I\Appeal City Council Resolutîon.doc ,,.,!\:.t¡;:-- '," " ( . ~" " , " C) r:'" 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. /;':"'\, JGE S:\BZA _SPRIForms\spr_data\2005 s¡r\05-1641\Appeal City Council Resolution.doc ,,.. T'"