HomeMy WebLinkAbout1720 Forrest Street
December 13, 2019
Alejandro Rivera
1234 Chester Ave. Ste. 200
Bakersfield, CA 93301
RE: Notice of Decision - Site Plan Review (Project No. 19-0411) (Ward 2)
Dear Mr. Rivera:
At the recommendation of the Site Plan Review Committee, the plans for construction of a 792 square foot
accessory dwelling unit in conjunction with a 792 square foot single family residence in an R-3 zone district,
located at 1720 Forrest Street, are approved with noted corrections.
Once the corrections noted in the attached site plan compliance list have been made, the proposal will
meet the minimum required codes, policies and standards for development as adopted by the Bakersfield
City Council. Specific items have been identified (see attached Site Plan Compliance List) that you need to
resolve before you can obtain a building permit or be allowed occupancy. These items may include changes
or additions that need to be shown on the final building plans, alert you to specific fees, and/or are
comments that will help you in complying with the city’s development standards. Each item will note when
it is to be completed and they have been grouped by department so that you know whom to contact if you
have questions.
Your next step is to either apply for necessary building permits to construct your project, or begin your
business activities depending on the request submitted. You must submit final building plans to the
Building Division. The Site Plan Review Committee will review these final plans while building plan check
occurs to ensure that you satisfy the items in the Site Plan Compliance List. Please read them carefully.
Failure to satisfy an item may delay your obtaining a building permit or commencing your project.
After construction of your project but before the City can allow occupancy, the Building Division must
inspect the development to find if it complies with the approved plans, and any other relevant permits and
codes. If you have satisfied all of the requirements, the Building Director will issue a certificate of
occupancy; if not, the area inspector will give you a correction notice. Once you have made all of the
corrections, the Building Director can issue a certificate of occupancy. You may not occupy a development
until the Building Director has issued a certificate of occupancy.
INDEMNIFICATION CONDITION
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 and boards (“City ” herein) against any and all liability,
claims, actions, causes of actions 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, failing 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.
REVISIONS TO THE APPROVED PLAN
Any time after site plan approval but before the approval expires, you may submit revisions to the plan. We will
treat these revisions as a new site plan application subject to a new review and required fees. The Planning
Director can only approve minor changes to the original plan without a new application if they are necessary to
meet a condition, mitigation, or result from physical obstacles or other comparable constraints (See Section
17.08.080.c.3 of the Zoning Ordinance).
EXPIRATION OF PLAN APPROVAL
Approval of this site plan expires on December 12, 2021 (2 years from the decision date), unless building permits
have been issued, or where the use has commenced on projects not requiring a building permit. The project
must be completed within 5 years from the decision date. If the property is rezoned, site plan approval will
expire upon the effective date for the rezoning unless the use is permitted in the new zone.
The Planning Director may extend the expiration date up to one (1) year if you resubmit new plans for check
against the code requirements in effect at that time and include a written request for the extension. We must
expiration of the project approval. We will not require a fee for this extension
receive this request before
request; however, changes to the plans originally approved for purposes other than code requirements shall be
subject to a new site plan review, including payment of all required fees (See Section 17.08.080.D of the Zoning
Ordinance).
ENVIRONMENTAL DETERMINATION
This site plan review has been found to be exempt from the provisions of the California Environmental Quality
Act (CEQA) according to Section 15332. This project is exempt because it is an infill development that is
consistent with the general plan and zoning regulations, is within an area predominantly developed with urban
uses, is not identified as critical habitat for endangered or threatened species, will not significantly affect traffic
noise, air or water quality, and will be adequately served by appropriate utilities and public services. A Notice of
Exemption has been prepared and is available for review at the Planning Division.
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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 usually need to be shown on the final building plans or completed before a building
permit is issued. Each has been grouped by department so that you know whom to contact if you have
questions.
DEVELOPMENT SERVICES - PLANNING (1715 Chester Avenue)
(Staff contact - Pat Stowe; 661-326-3679 or PStowe@bakersfieldcity.us)
1. The Building Division and Public Works Department will calculate and collect the appropriate fee(s) at
the time building permits are issued.
2. The developer shall connect 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. Show on the final site plan how and where water will be drained from the property.
4. State on the final building plan how the accessory dwelling unit shall be architecturally compatible with
the main home as shown in the approved site plan application. Architectural compatibility shall mean
that the exterior building materials and architectural style of the accessory dwelling unit are similar to
the basic style and materials used for the main home.
5. If the accessory dwelling unit is attached to the existing single-family dwelling, the floor area shall not
exceed 50 percent of the floor area of the existing dwelling; if detached from the existing single-family
dwelling, the floor area shall not exceed 1,200 square feet.
6. Except as otherwise provided, there shall be a front yard of not less than 15 feet in depth measured
form the front lot line. If a garage opening faces a public or private street, the garage shall be set back
not less than 20 feet (applicable to the R-3 zone).
7. There shall be a side yard for the main building of not less than 5 feet. For corner lots, the side yard on
the street side frontage shall not be less than 10 feet.
8. There shall be a rear yard behind every main building of not less than 25 feet or 20 percent of the depth
of the lot, whichever is less; provided, however, the rear yard may be reduced to 5 feet if not more than
45 percent of the lot is covered by buildings or structures.
9. The accessory dwelling unit shall conform to the construction requirements of the Building Code as
adopted by the city. If an existing building, a Special Inspection Permit is required to determine what
corrections are needed to satisfy minimum building, plumbing, electrical, and/or mechanical code
standards (generally applies to existing buildings).
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10. The minimum parking required for this project has been computed based on use and shall be as follows:
Use Parking
Main House 2 spaces
Accessory Dwelling Unit 1 space
Required Parking: 3 spaces
(Note 1: 0 parking spaces are shown on the proposed site plan. By ordinance, compact spaces cannot
be counted toward meeting minimum parking requirements. Tandem spaces are permitted for the main
house.)
(Note 2: If the accessory dwelling unit is a garage conversion, no additional parking spaces are required.
However, the main house shall still require the minimum amount of parking, and shall be located
outside the yard setbacks.)
(Note 3: If the accessory dwelling unit is within 1/2 mile of public transit, no additional parking spaces
are required. The plans must show the location of the transit with distance markings from the accessory
dwelling unit.)
(Note 4: All required parking shall be located on the alley side of the property, similar to where parking
was located for the previous residential structure.)
11. All parking lots, driveways, and other vehicular access ways, shall be paved with concrete, asphaltic
concrete, or other paved street surfacing material in accordance with the Bakersfield Municipal Code
(Sections 15.76.020 and 17.58.060.A). State on all final Building plans the type of paving.
12. The single-family dwelling shall be reviewed under separate permit issued by the Development Services
Department/Building Division.
13. The accessory dwelling unit shall not receive certificate of occupancy prior to the single-family dwelling
receiving certificate of occupancy.
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