HomeMy WebLinkAboutRES NO 294-06
RESOLUTION NO.
294-06
RESOLUTION MAKING FINDINGS AND APPROVING P.C.D. NO.
06-0435, A PRELIMINARY DEVELOPMENT PLAN FOR
CONSTRUCTION OF A NEW MULTIPLE TENANT COMMERCIAL
OFFICE DEVELOPMENT ON A 2.5-ACRE SITE LOCATED ON THE
NORTH SIDE OF BRIMHALL ROAD, APPROXIMATELY 1/8-MILE
WEST OF CALLOWAY DRIVE.
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on Monday, September 1S,
2006, and on Thursday, September 21, 2006, on P.C.D. No. 06-0435, notice of the time and place of
hearing having been given at least twenty (20) calendar days before said hearing by pUblication in The
Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, P.C.D. No. 06-0435 consists of a preliminary development plan for construction of a
new multiple tenant commercial office development on a 2.5-acre site in a C-O/P.C.D. Zone
(Professional and Administrative Office/Planned Commercial Development Zone) located on the north
side of Brimhall Road, approximately 1/S-mile west of Calloway Drive (Exhibit B); and
WHEREAS, an Initial Study was conducted for General Plan Amendment/Zone Change/P.C.D.
No. 06-0435 and P.C.D. No. 05-1227 Plan Modification and it was determined that the proposed project
would not have a significant effect on the environment; therefore, a Negative Declaration was prepared
in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the laws and regulations relating to the preparation and adoption of Negative
Declarations as set forth in CEQA, the State CECA Guidelines, and the City of Bakersfield CECA
Implementation Procedures have been duly followed by city staff and the Planning Commission; and
WHEREAS, by Resolution No. 190-06 on September 21, 2006, the Planning Commission
recommended approval and adoption of P.C.D. No. 06-0435 subject to the "Mitigation/Conditions of
Approval" listed in Exhibit "A" and this Council has fully considered the findings made by the Planning
Commission as set forth in that Resolution and as restated herein; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section
65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, NOVEMBER
15,2006, on P.C.D. No. 06-0435, notice oftime and place ofthe hearing having been given at least ten
(10) calendar days before the hearing by publication in The Bakersfield Californian, a local newspaper of
general circulation; and
WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 190-06, adopted on September 21,2006:
1. All required public notices have been given. Hearing notices regarding the proposed
project were mailed to property owners within 300 feet of the project area and published
in a local newspaper of general circulation 10 days prior to the hearing.
2. The proposed preliminary development plan is consistent with the General Plan and
objectives of this ordinance.
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3. In accordance with Bakersfield Municipal Code Section 17.54.070, the Planning
Commission found as follows:
A. The proposed preliminary development plan is consistent with the general
plan and objectives of this ordinance;
B. The proposed development will constitute a commercial environment of
sustained desirability and stability, and it will compliment and harmonize with
the character of the surrounding neighborhood and community; and
C. The proposed development justifies exceptions from the normal application of
this code in that it integrates such elements as the location of structures,
circulation pattern, parking, landscaping and utilities, together with a program for
provision, operation and maintenance of all areas, improvements, facilities and
services provided on the property.
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
1. The above recitals and findings incorporated herein are true and correct.
2. The negative declaration approved for GPAlZC/P.C.D. No. 06-0435 and P.C.D. No. 05-
1227 adequately addresses the potential environmental impacts of the proposed project
and the mitigation measures contained therein have been incorporated into the
Mitigation/Conditions of Approval contained in Exhibit A.
3. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
4. Based on the absence of evidence in the record as required by Section 21082.2 of the
State of California Public Resources Code (CECA) for the purposes of documenting
significant effects, it is the conclusion of the Lead Agency that this project will result in
impacts that fall below the threshold of significance with regard to wildlife resources and,
therefore must be granted a "de minimis" exemption in accordance with Section 711 of
the State of California Fish and Game Code. Additionally the assumption of adverse
effect is rebutted by the above-referenced absence of evidence in the record and the
lead agency's decision to prepare a Negative Declaration for this project.
5. That P.C.D. No. 06-0435, as delineated in attached Exhibits C (Preliminary Development
Plan), D (Illustrative Landscape Plan), and E (Building Elevations), is hereby approved,
subject to the mitigation/conditions of approval in Exhibit A.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted bxJhe Council of the City
of Bakersfield at a regular meeting thereof held on NOV 1 5 2uut) by the
following vote:
@
NOES:
ABSTAIN:
ABSENT:
APPROVED
.....- 1.-- __ 1.-- - __ __
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
NOV 1 5 2006
-'HARV~L~
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: &JM 7n. ~
Exhibit A
B
C
D
E
Mitigation/Conditions of Approval
Location Map
Preliminary Development Plan
Illustrative Landscape Plan
Building Elevations
PH - S:\GPA 3rd 2006\06-0435\Resolutions\CC Plan Review.doc
3
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Exhibit A
Mitigation/Conditions of Approval
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ZC(PCD) 06-0435
PD REVIEW
CONDITIONS AND ORDINANCE COMPLIANCE
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 conditions for your project to
satisfy the City's development standards. The item will usuallv need to be shown on the final
buildine olans or comoleted before a buildine oermit is issued. 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 661/326-3437)
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 to the Building Division before they can
issue a building pennit. Please note that grading plans must be consistent with the final
building site plans and landscaping plans. Building pennits will not be issued until the
grading plan is approved by both the Building Division and Public Works Department.
2. The developer shall include fire resistive wall construction details with the final building
plans for all exterior walls of any building that is within 20 feet of property lines if it is used
for commercial or industrial purposes, or 5 feet of property lines if it is used for residential
purposes.
3. Include with or show on the final building plans infonnation necessary to verify that the
project complies with all disability requirements of Title 24 of the California Building Code.
4. Business identification signs are not considered nor approved under this review. A separate
review and sign pennit 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 overall site (includes phase 1) is limited to 4
monument signs along each street frontage.
5. The Building Division will calculate and collect the appropriate school district impact fee at
the time they issue a building pennit.
6. 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.
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B. DEVELOPMENT SERVICES - PLANNING (staff contact - Ryan Pharr 661/326-3145)
1. The minimum parking required for this project has been computed based on use and shall be
as follows:
Use
Square
Foota!!e
Parking
Ratio
Required
Parkin!!
PH 1 - Office Complex
General Office (76%)
Medical Office (24%)
SubTotal Required
61,240 sq. ft.
46,750 sq. ft.
14,490 sq. ft.
1 space/230 sq. ft.
1 space/125 sq. ft.
203 spaces
116 spaces
319 spaces
PH 2 - Office Complex
General Office (46%)
Medical Office (54%)
SubTotal Required
19,540 sq. ft.
9,000 sq. ft.
10,540 sq. ft.
1 space/230 sq. ft.
1 space/125 sq. ft.
39 spaces
84 spaces
123 spaces
TOTAL PROJECT REQUIRED
442 spaces
(Note: 3/9 parking spaces were shown for phase / and J 23 spaces for phase 2 for a total combined proposed
of 442 stalls. By ordinance, compact and tandem spaces cannot be counted toward meeting minimum parking
requirements.)
2. Minimum parking stall dimensions shall be 9-feet wide by 18-feet long. Vehicles may hang
over landscape areas no more than 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. Lighting is required for all parking lots, except residential lots with 4 units or less (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 properties and streets. Use of glare shields or baffles may be required for glare
reduction or control of back light. No light poles, standards and fixtures, including bases or
pedestals, shall exceed a height of 40 feet above grade. However, light standards placed less
than 50 feet from residentially zoned or designated property, or from existing residential
development, shall not exceed a height of 15 feet. 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 if they negatively affect
adjacent properties.
5. 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).
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(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.)
6. A solid masonry wall shall 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 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.
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. Outside work, storage, sales and display of merchandise and materials is prohibited. All
activities and all storage of merchandise and materials shall be conducted and/or contained
within an enclosed building. (Note: This does not include outdoor seating areas for
restaurants.)
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 ofBMC 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 stabilizer/suppressants to
control dust emissions from disturbed area, stock piles, and access ways; covering or wettin!",/(~..t\
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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
carryoutltrack 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.
14. The developer shall record a reciprocal parking/access easement for the proposed project.
15. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation.
16. If human remains are discovered during grading or construction activities, work would cease
pursuant to Section 7050.5 ofthe California Health and Safety Code. If human remains are
identified on the site at any time, work shall stop at the location of the find and the Kern
County Coroner shall be notified immediately (Section 7050.5 of the California Health and
Safety Code and Section 5097.98 of the California Public Resources Code which details the
appropriate actions necessary for addressing the remains) and the local Native American
community shall be notified immediately.
c. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706)
1. Show on the final building plans the following items:
a. 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.
b. All fire hvdrants. 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.)
2. 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 standing
water. Barricades must be in place where ditches and barriers exist in or cross roadways.
Emergency vehicle access must always be reliable.
3. 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~ fOA/(~-9
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Page 50'7
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.
D. PUBLIC WORKS - ENGINEERING (staff contact - George Gillburg 661/326-3997)
1. The developer shall construct standard handicap ramps at the northwest comer of entrance
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.
2. 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.
3. 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.
4. Before any building or site can be occupied, the developer must reconstruct or repair
substandard off-site street improvements that front the site 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.
5. 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.
6. 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.
7. 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.
8. The developer shall, along the entire frontage of the development within Brimhall Road,
either construct a landscaped median island or pay $40 for each linear foot of the project's
street frontage to the city for construction of the median island (~-width). Building permits
will not be issued until one of these options is approved by the Public Works Department.
9. The developer shall form a new or join an existing maintenance district for maintaining the
landscaped median island within Brimhall Road along the entire frontage of the
development.
10. The legal description (ie. lot and tract number and/or assessor's parcel number) shall be
shown on the final building plans.
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11.
The developer shall dedicate additional road right-of-way to the City of Bakersfield along
Brimhall Road to full arterial street width according to adopted city standards.
12.
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 661/326-3576).
E. PUBLIC WORKS - TRAFFIC (staff contact - George GiIlburg 661/326-3997)
1. Street return type approaches, if used, shall have 20-foot minimum radius returns with a 40'
throat width. All 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 oerson noted above before buildine: oermits can be issued or
work bee:ins on the orooertv to establish the level and tvoe of service necessarv for the
collection of refuse and/or 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
* 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 #8-43), at the size checked below~. 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
4 Each = ~
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 containerslbins (contact the staff person above for
the appropriate enclosure size).
3. Show on the final building plans 2 (two), 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 purposes.
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.
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#06-0435
Page 7 0' 7
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 vehicles.
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Exhibit B
Location Map
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Preliminary Development Plan
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