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HomeMy WebLinkAboutRES NO 030-2021RESOLUTION NO. 03 2 O 2 1 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL TO UPHOLD THE DECISION OF THE PLANNING COMMISSION AND DENY THE APPEAL FOR APPROVAL OF A SITE PLAN REVIEW FOR A MEDICAL OUTPATIENT CLINIC IN THE M-2 (GENERAL MANUFACTURING ZONE) DISTRICT, LOCATED AT 5512 KNUDSEN DRIVE (WARD 3; SITE PLAN REVIEW NO. 20-0102). WHEREAS, SASD Development Group (LLC) requested approval of a Site Plan Review application (No. 20-0102) for a 39,648 square foot medical outpatient clinic on approximately 9 acres in an M-2 (General Manufacturing) zone district, located at the 5512 Knudsen Drive (the "Project"); and WHEREAS, it was determined that the Project would not have a significant effect on the environment with the incorporation of mitigation and standard conditions of approval; therefore, a Mitigated Negative Declaration was adopted by the Planning Commission on January 7, 2021 in accordance with the California Environmental Quality Act ("CEQA"); and WHEREAS, in accordance with Bakersfield Municipal Code Section 17.08.080, the Development Services Director, on January 8, 2021, approved the Site Plan Review finding that said project with the listed conditions of approval and mitigation measures satisfied all minimum codes, policies, and standards for development as adopted by the City Council; and WHEREAS, Hagan Law Group, LLC filed an appeal on behalf of Progress for Bakersfield Veterans, LLC with the Planning Director on January 15, 2021 of the Development Services Director's decision to approve the Site Plan Review; and WHEREAS, the Secretary of the Planning Commission set Thursday, February 4, 2021 at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the appeal as required by Government Code Section 65353, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, the Planning Commission held a public hearing on February 4, 2021 denying the appeal and approving the Site Plan Review (Resolution No. 09-21); and WHEREAS, Hagan Law Group, LLP filed an appeal on behalf of Progress for Bakersfield Veterans, LLC with the City Clerk on February 12, 2021 of the Planning Commission's decision to deny the appeal and approve the Site Plan Review; and WHEREAS, the Clerk of the City Council set Wednesday, March 3, 2021, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the appeal to the Planning Commission decision of February 4, 2021; and WHEREAS, the City of Bakersfield Development Services Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and ORIGINAL WHEREAS, the City of Bakersfield Development Services Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report and the Planning Commission's deliberation and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area, posted on the City's website, and published in the Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing. 3. The City Council has considered and concurs with the findings made by the Planning Commission set for in Resolution No. 09-21, approved on February 4, 2021. 4. The appeal is denied and Site Plan Review No. 20-0102 is hereby approved subject to the mitigation measures and conditions of approval in Exhibit B and as shown in Exhibits A, which are incorporated herein. 5. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. It was determined that the project does not have the potential to cause a significant effect on the environment. �� ORIGINAL 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 March 3, 2021 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ ✓ YES COUNCILMEMBER: AF IAS,G9ONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER: ��VV ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVE MAR P1 7021 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Atfo ey B VIRIDIANA ALLARDO-KING Deputy City Attorney Exhibits: A. Location Map B. Site Plan Review 20-0102 ILL,' J LIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 3 o��AKF9.n s � r U O ORIGINAL Exhibit A: Location Map ORIGINAL od; SPR 20'002���4s �{ 4q 2 LEGEND r o9 . --WOODROWAVE� - — (ZONE DISTRICTS) 8r1 ° s� B 911 ®® D R -I One Family Dwelling 0 0% 1' o a a 6 000 sq.ft. min lot size CITYOFBAKERSFIELDIs MI 4 ° o"a o. o W' 1 CP �v�� € i cow p� �♦C.C�a r g B =6 O O o o rte♦/� ®- ®--—-—--- OLIVE DR ------------- .1------ 2 ° g ° E e ;OKE, ✓ a - - - - PEMBROKE AVE- -AVE R a � ® a ® ® a 1 a imp ® ® D a GLEN CT B � c? ® B ® a a IT B afE D a ® B - a B R B - 00OKOpLEAYE - R -S E a _..�.._.._.._..�.... ....._.._..CITY LIMIT R-1 b --MORAGA CT - `I B a 8 a a R-1 e R-1 B a ' �LUMBARDY,CT- - - B B . ROSC — 1 a IST R-1 R-1 LUCCA1 11- GITY0Er a D - q g U 20-0102 R-1 — --BASILICATA DRQ - — -� e �1 IENTO CT-- Q� R-1 a I C-2/P.C.D. �rcnuusi® -k- � m, mA W a R-1 ° o _ R-1 I R-1-4.5 One Family Dwelling B �B 4,500 sq.ft. min lot size 1® E Estate o a 10,000 sq.h. min lot size ® R -S Residential Suburban �F -ARTHUR AVE - - - 24,000 sq.ft./dwelling unit i R -S{ ) Residential Suburban 1, 2.5,5 or 10 min lot size R-2 Limited Multiple Family Dwelling a 4,500 sq.ft. min lot size (single family) 6,000 sq.ft. min lot size (multifamily) > a 2,500 sqft lot are,Edwelling unit $rArFRO ® aS R-3 Multiple Family Dwelling ® o yG o 6,000 sq.ft. min lot size ®` N s i 1,250 sq.N.lot area/dwelling unit e a R-4 High Density Multiple Family Dwelling s a t 6,000 sq.ft. min lot size ' - - - - - - - ®- - -OLIVE DR:�,� 600 sq.ft. lot area/dwelling unit C1, 'SARDINIA DR ° a P - - — - WASHINGTON�AVE- - - �m R-1-4.5 One Family Dwelling B ® 0 ® 4,500 sq.ft. min lot size ° E Estate o a 10,000 sq.h. min lot size ® R -S Residential Suburban �F -ARTHUR AVE - - - 24,000 sq.ft./dwelling unit R -S{ ) Residential Suburban 1, 2.5,5 or 10 min lot size R-2 Limited Multiple Family Dwelling a 4,500 sq.ft. min lot size (single family) 6,000 sq.ft. min lot size (multifamily) > a 2,500 sqft lot are,Edwelling unit $rArFRO ® aS R-3 Multiple Family Dwelling ® o yG o 6,000 sq.ft. min lot size ®` N s i 1,250 sq.N.lot area/dwelling unit e a R-4 High Density Multiple Family Dwelling s a t 6,000 sq.ft. min lot size ' - - - - - - - ®- - -OLIVE DR:�,� 600 sq.ft. lot area/dwelling unit C1, R -H Residential Holding 20 acre min lot size g ®�� A Agriculture 6,000 sq.ft. min lot size A -20A Agriculture o a - - - m - HANK�RD- - - - - - 20 acre min lot size °���® Z PUD Planned Unit Development TT Travel Trailer Park o MH Mobilehome % C-0 Professional and Administrative Office s C-1 Neighborhood Commercial off,♦ ° �O♦ C-2 Regional Commercial °y C -C Commercial Center C -B Central Business 0 o�r� ® o PCD Planned Commercial Development M-1 Light Manufacturing �90 s lt"ct M-2 General Manufacturing M-3 Heavy Industrial P Automobile Parking ° Ij RE Recreation Ch Church Overlay ® A. OS Open Space 0 0 N ���� HOSP Hospital Overlay o % o ° o OI♦ v AD Architectural Design Overlay o °° o FP -P Floodplain Primary o I� FP -S Floodplain Secondary °o o®�j AA Airport Approach Dl Drilling Island ® ° PE Petroleum Extraction Combining 0 o SC Senior Citizen Overlay ® HD Hillside Development Combining of WM- West Ming Specific Plan 0 BAKERSFIELD CITY,LIMIT------_--------_-- _--_-----_-- .- .�• M-3 Feet M-3 M-3 ••� I I '•� •I-ATLAS1CT- - 0 300 600 -•� Document Name:202a_11 10z. Exhibit B: Site Plan Review No. 20=0102 o`r'b P F ORIGINAL 103 BAKERSFIELD THE SOUND OF,�8"iq�R* January 8, 2021 SASD Development Group, LLC Attention: Steven Doctor 4895 Pacific Highway San Diego, CA 92110 RE: Notice of Decision - Site Plan Review (Project No. 20-0102) (Ward 3) Dear Mr. Doctor: At the recommendation of the Site Plan Review Committee, the plans for construction of a 39,648 square foot medical outpatient facility to serve as a Department of Veteran's Affairs (VA) Community -Based Clinic in the M- 2 (General Manufacturing Zone) district located at 5512 Knudsen Drive, have been reviewed and conditionally approved. This letter provides a list of items requiring your attention. 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. Development Services Department 1715 Chester Avenue, Bakersfield, CA 93301 Planning: 661-326-3733 Building: 661-326-3720 --- FAX _FAX Planning: 661-852-2136 Building: 661-325-0266 - 0 ORI 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 PLANS This site plan expires on January 7, 2023 (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 receive this request before expiration of the project approval. We will not require a fee for this extension 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). SPR #20-0102 AKF9 o Page 12 cl19 r„ U r - O ORIGWAL DETERMINATION In accordance with the provisions of CEQA, an initial study was conducted for this project and it was found that it would nothave a significant effect on the environment. A public hearing was held on January 7, 2021 accepting public testimony on the project and its environmental effects, and a Mitigated Negative Declaration was approved by the Planning Commission at the conclusion of the hearing. Public hearing notices were posted, mailed to all property owners within 300 feet of the project area, and published in a local newspaper of general circulation at least 20 days before the hearing. APPEAL Any person may appeal this decision. An appeal is limited to whether or not an adopted development standard, zoning regulation, mitigation, or policy applied or not applied to the project, was done consistent with the authority granted by city ordinances or the California Environmental Quality Act (CEQA). The appeal must be in writing stating the precise basis or issue as noted, must include the appropriate filing fee, and must be filed within 10 days of the decision date to the City .of Bakersfield Planning Commission (c/o Bakersfield Planning Director, 1715 Chester Avenue, Bakersfield, CA 93301). The Planning Commission will hold a public hearing on the appeal and their decision will be final unless their decision is appealed to the City Council. Site plan approval is based on the statements made in the application and the plans you submitted. Any errors or omissions an these plans could alter the compliance list and/or void this decision. If you have questions about any of the items noted in the Site Plan Compliance List, you must speak to the contact person representing the department requiring that item. Correspondence will continue to be sent to the applicant on record. Should the applicant change, it is the property owner's responsibility to update the contactinformation with the Planning Division. If you have other questions regarding.general information about the site plan review process, please contact the Planning Division at (661) 326-3733. DECISION DATE: January 8, 2021 Sincerely, i Paul Johnson f i Planning Director CC. All Interested Agencies — For your records. s i t s S:\Counter Operafions\01_SPR\2020\20-0102_SEC Knudsen and Olive Drive _VA ClinicLspr Itr.docx 4 i SPR #20-0102 � , N 9� v' Page 13 of 19 v o ORIGINAL 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 items listed below will usually need to be shown on the final building plans or completed before a building permit is issued. As part of the building permit submittal, identify the location of your response by using the APPLICANT'S RESPONSE line provided directly below the item (example: sheet number, detail, etc.). A. DEVELOPMENT SERVICES - BUILDING (1715 Chester Avenue) (Staff contact - Oscar Fuentes; 661-326-3676 or OFuentes@bakersfieldcity.us) 1. Prior to review of improvement plans by the City, the developer shall submit a grading plan for the proposed site to be reviewed and approved by the City Engineer and Building Official (Bakersfield Municipal Code Section 16.44.010). With the grading plan, if the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a Notice of Intent (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No. 99-08-DWQ) must be filed with the State Water Resources Control Board in Sacramento before the beginning of any construction activity. Compliance with the general permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out, and always be available for public inspection during normal construction hours. APPLICANT'S RESPONSE: 2. A grading permit is required prior to final plan approval. The developer shall submit four (4) copies of grading plans and two (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 permit is approved by the Building Division, Planning Division (HCP), and Public Works Department. APPLICANT'S RESPONSE: 3. Show on the final building plan pedestrian access from the public way and accessible parking. Private streets are not the public way. APPLICANT'S RESPONSE: SPR #20-0102 Page 14 of 19 ORIGINAL 4. The developer shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that is within the distance as set forth in Table 602 of the California Building Code. APPLICANT'S RESPONSE: 5. Include with or show on the final building plans information necessary to verify that the project complies with all accessibility requirements of Title 24 of the California Building Code. APPLICANT'S RESPONSE: 6. The developer shall obtain all required approvals from the Kern County Environmental Health Services Department (2700 "M" Street, Bakersfield, CA., 93301; PH 661-862-8700) for any food handling facility (i.e.: market, delicatessen, cafe, concession, restaurant) before building permits can be issued. APPLICANT'S RESPONSE: 7. Buildings or structures shall require installation of an automatic fire sprinkler system where required by current California Building Code and City ordinance. APPLICANT'S RESPONSE: 8. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. APPLICANT'S RESPONSE: 9. Final Building plans shall show pedestrian access pathways or easements for persons with disabilities from public rights -of -ways 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. APPLICANT'S RESPONSE: 10. Prior to granting occupancy, the Building Division will verify that a water meter serving the development is in place. Therefore, it is recommended that the developer contact the applicable water purveyor to inquire about their process for obtaining water service for the development as soon as possible. To determine who the water purveyor for the development is, you may contact the City of Bakersfield Water Resources Department (1000 Buena Vista Road, Bakersfield, CA, phone: 661-326-3715). APPLICANT'S RESPONSE: SPR #20-0102 gAKF99 Page 5 of 19 m U r - O ORIGINAL 11. Show on the final building plan, electric vehicle supply equipment to facilitate future installation as required by the California Green Code. APPLICANT'S RESPONSE: 12. An acoustical consultant, approved by the Building Division, shall be contacted to prepare and include with the final building plans measure that mitigate noise exposures for all buildings on the project site that are subject to noise levels of 65 db or greater as delineated by the CNEL contour maps of the city. These implementation measures shall comply with the requirements of Title 24 of the California Building Code. APPLICANT'S RESPONSE: B. DEVELOPMENT SERVICES - PLANNING (1715 Chester Avenue) (Staff contact - Wayne Lawson; 661-326-3976 or WLawson@bakersfieldcity.us) 1. The minimum parking required for this project has been computed based on use and shall be as follows: Proposed Square Parking Required Use Footage Ratio Parking Medical clinic 39.648 SF 1 space/200 SF 198 spaces Required Parking: 198 spaces (Note: There are 214 parking spaces on the proposed site plan. By ordinance, compact and tandem spaces cannot be counted towards meeting minimum parking requirements. For commercial development containing a multi -tenant pad, any change in use where 50 percent or more of the pad requires additional parking pursuant to Bakersfield Municipal Section 17.58.110, the Planning Director may require parking commensurate with the new use.) APPLICANT'S RESPONSE: 2. Minimum parking stall dimensions shall be 9 feet wide by 18 feet long and shall be designed according to standards established by the Traffic Engineer. Vehicles may hang over landscape areas no more than 2-1/2 feet provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles. APPLICANT'S RESPONSE: 3. All parking lots, driveways, drive aisles, loading areas, 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.). APPLICANT'S RESPONSE: SPR #20-0102 o``gAK' 9q Page 1 6of19� r U p ORIGINAL 4. Lighting is required for all parking lots, except residential lots with four units or less (Section 17.58.060.A.). 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. (Note: Staff can require additional adjustments to installed lighting after occupancy to resolve glare or other lighting problems if they negatively affect adjacent properties.) APPLICANT'S RESPONSE: . 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 landscaping requirements in Chapter 17.61. Landscape plans shall include, but are not limited to, data on: gallon/box size, spacing, species (reference approved parking lot tree list), ratio of deciduous vs. evergreen, shade calculations, ground cover calculations, etc. (Note 1: 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.) (Note 2: No mature landscaping shall be removed without prior approval by the Planning Director.) (Note 3: Upon approval of the final landscape plan, a digital copy shall be submitted to the Planning staff contact listed above.) (Note 4: Redline comments are provided on AS101, L001, and L002. (Note 5: Provide parking lot shade trees, street frontage trees, and frontage planter landscaping in the manner spelled out in the Zoning Ordinance.) APPLICANT'S RESPONSE: SPR #20-0102 �'AKF9 o sem, Page 17 of 19� r U O ORIGINAL 6. Our records show that the project is contained on more than one parcel. Because building setbacks cannot be met based on the design layout, a parcel line bisects a building, and/or parking for residential use is not on the same site as the project (Section 17.58.020.B. of the Bakersfield Municipal Code), a parcel merger or lot line adjustment application removing or relocating property lines shall be submitted to the Planning Division before building permits can be issued. Recordation of the map shall occur before final building or site occupancy can be granted. If our records are in error, please provide a copy of the parcel map, subdivision map, or certificate of compliance showing the approved property lines. (Note 1: An Assessor's map is not acceptable since it is only for tax purposes and does not verify legal parcel status.) (Note 2: Contact either the Subdivision section of the Public Works Department or the Current Planning Division of Planning to determine the type of land division application required to resolve this matter.) APPLICANT'S RESPONSE: 7. Evidence is required to determine that your parcel was legally created. Please provide a copy of a parcel map, tract map, or certificate of compliance. (Note 1: An Assessor's map is not acceptable since it is only for tax purposes and does not verify legal parcel status.) If a map is not available, a copy of a deed that includes the parcel's current legal description dated March 4, 1972, or earlier is acceptable; however, you may be required to apply for a Certificate of Compliance before a building permit can be issued (please contact the Public Works Department at 661-326-3566 regarding this application.) APPLICANT'S RESPONSE: 8. Business identification signs are neither considered nor approved under this review (e.g. wall, monument, pylon, etc.). A separate sign permit reviewed by the Planning and Building Divisions and issued by the Building Division, is required for all new signs, including future use and construction signs. (Note: Signs must comply with the Sign Ordinance; Chapter 17.60 of the Bakersfield Municipal Code. Review this Chapter as part of due diligence.) APPLICANT'S RESPONSE: SPR #20-0102 Page 18 of 19 ORIGINAL 9. The following conditions are required as part of a grading permit: a. 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 $2,145 per gross acres, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance occurs. Forms and instructions are available at the Planning Division or on the city's web site at https:Hbakersfieldcity.us/gov/depts/com munity_development/habitat.htm. The current MBHCP expires on February 28, 2022. To ensure take of covered species does not occur after the expiration date, fees must be paid no later than August 31, 2021 and all covered activities must be completed by the MBHCP expiration date of February 28, 2022. As determined by the City, only projects ready to be issued an urban development permit, grading plan approval, or building permit will be eligible to pay fees under the current MBHCP. Early payment or pre -payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2022 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish & Wildlife Service and the California Department of Fish and Wildlife. b. Burrowing Owl Notification: The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703- 711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10 including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Fish and Game Code prohibit the taking, possession, or destruction of birds, their nests or eggs. To avoid violation of the provisions of these laws generally requires that project related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1- August 15, annually). Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and/or imprisonment. C. Prior to ground disturbance, the developer shall have a California Department of Fish and Wildlife approved MBHCP biologist survey the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be recommended by the California Department of Fish and Wildlife. Developer shall be subject to the mitigation measures recommended by the biologist. Copies of the survey shall be provided to the Development Services Department, California Department of Fish and Wildlife, and the U.S. Fish and Wildlife Service prior to ground disturbance. APPLICANT'S RESPONSE: SPR #20-0102 Page 19 of 19 ORIGINAL 10. Refuse collection bin enclosures and container areas are subject to all required structural setback from street frontages, and shall not reduce any parking, loading or landscaping areas as required by the Zoning Ordinance. APPLICANT'S RESPONSE: 11. In the event a previously undocumented oil/gas well is uncovered or discovered on the project, the developer is responsible to contact the California Geologic Energy Management Division (CaIGEM). The developer is responsible for any remedial operations on the well required by CalGEM. The developer shall also be subject to provisions of BMC Section 15.66.080.B. APPLICANT'S RESPONSE: (Note: A capped well is near Street "A". Prior to the approval of Public Works plans, the applicant shall provide the location of the capped well to the Public Works Department and resolve any adverse impacts to the public and site improvements.) 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 emission from disturbed area, stock piles, and access ways; covering or wetting materials that are transported off-site; limit construction -related speed 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). APPLICANT'S RESPONSE: 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 a building or site occupancy. APPLICANT'S RESPONSE: 14. All mitigation measures included in the adopted Mitigated Negative Declaration for SPR No. 20- 0102 are hereby incorporated. APPLICANT'S RESPONSE: SPR #20-0102 Page 1 10 of 19 ORIGINAL C. FIRE DEPARTMENT (2101 H Street) (Staff contact - Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us) 1. Show on the final building plans the following items: a. All fire lanes. 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 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 two (2) sets of the water plans stamped by a licensed Registered Civil Engineer to the Fire Department and two (2) sets to the Water Resources Department (1000 Buena Vista Road, Bakersfield, CA. 93311; 661-326-3715). (Note: Show: 1) distance to the nearest hydrant; and 2) distance from that hydrant to the farthest point of the project site.) C. All fire sprinkler and/or stand pipe systems, fire alarms and commercial hood systems. These suppression systems require review and permits by the Fire Department. The Fire Department will issue guidelines for these various items as they may apply to this project. d. Proiect address, including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. e. Name and phone number of the appropriate contact person. APPLICANT'S RESPONSE: 2. The developer must pay required fees to and request an inspection from the Water Resources Department (1000 Buena Vista Road, Bakersfield, CA, phone: 661-326-3715) for any underground sprinkler feeds at least 2 full business days before they are buried. The Prevention Services Division (2101 H Street, Bakersfield CA, Ph. 661/326-3979) must complete all on-site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. APPLICANT'S RESPONSE: 3. Where fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. APPLICANT'S RESPONSE: SPR #20-0102 Page 1 11 of 19 ORIGWAL 4. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other driving surface approved by the fire chief. Must be capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds and shall be surfaced with the first lift of asphalt as to provide all-weather driving capabilities. All access (Permanent and temporary) to and around any building under construction must be a least 20 feet wide (26 feet wide where building height exceeds 30 feet), with an overhead clearance of 13 feet 6 inches, and contain no obstruction. The fire apparatus access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. APPLICANT'S RESPON 5. Turning Radius: The minimum turning radius shall be thirty-seven feet. APPLICANT'S RESPONSE: 6. The developer shall submit two (2) sets of plans for permits and approvals from the Fire Department for fuel tanks or related facilities before they are installed on the site. Please contact the Prevention Services Division at 661-326-3979 for further information. APPLICANT'S RESPONSE: 7. If you handle hazardous materials or hazardous waste on the site, the Prevention Services Division may require a hazardous material management and/or risk management plan before you can begin operations. Please contact them at 661-326-3979 for further information. APPLICANT'S RESPONSE: 8. If you store hazardous materials on the site in either an underground or a permanent aboveground storage tank, a permit from the Prevention Services Division is required to install and operate these tanks. The Prevention Services Division may also require a Spill Prevention Control and Countermeasure Plan for storage of petroleum products above ground in quantities of 1,320 gallons or more. Please contact them at 661-326-3979 for further information. APPLICANT'S RESPONSE: 9. All projects must comply with the current California Fire Code and current City of Bakersfield Municipal Code. APPLICANT'S RESPONSE: SPR #20-0102 Page 1 12 of 19 ORIG!P!AL D. WATER RESOURCES (1000 Buena Vista Road) (Staff contact - Tylor Hester; 661-326-3715 or TH ester@ ba kersfiel d city. us) 1. Property is located outside of the City of Bakersfield domestic water service area, therefore, only pipelines and appurtenances related to fire water are subject to review. APPLICANT'S RESPONSE: 2. Developer shall submit two (2) sets of utility plans signed by a California Registered Civil Engineer to the Water Resources Department showing all offsite and onsite improvements, including connections to the existing water main and underground fire waterlines and related apparatuses. Include any existing nearby on or off-site hydrants on the plans. Plans shall be submitted along with applicable plan check fees and any other associated fees per the current fee schedule. Plans shall comply with current Citv Standards and Specifications. California Fire Code, and City of Bakersfield Municipal Code. City Standards and Specifications and the current Fee Schedule are available for download from the City's website at www.bakersfieIdcity.us/gov/depts/water—resources/fees.htm APPLICANT'S RESPO 3. Developer shall pay the required Water Resources Fire Service Inspection Fees and submit an Inspection Request Form for any underground fire waterlines and their apparatuses at least two (2) full business days before permanent construction. The form is available for download from the City's website at www.bakersfieldcity.us/gov/depts/water—resources/fees.htm APPLICANT'S RESPONSE: E. PUBLIC WORKS - ENGINEERING (1501 Truxtun Avenue) (Staff contact - Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) 1. The developer shall construct curbs, gutters, cross gutters, sidewalks, and street/alley paving along Knudsen Drive, Landco Drive, and Street A 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. APPLICANT'S RESPONSE: 2. The developer shall install streetlights along Knudsen Drive, Landco Drive, and Street W. The developer shall be responsible for providing the labor and materials necessary to energize all newly installed streetlights 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 permits will be issued. Submit street light location plan to Public Works Department for street light number. APPLICANT'S RESPONSE: SPR #20-0102 gAKF9s Page 1 13 of 19 U r - O ORIGINAL 3. The developer shall construct standard accessible ramps at the northeast corner of Knudsen Drive and Street 'A' and at the northwest corner of Landco Drive, and Street A 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. APPLICANT'S RESPONSE: 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. APPLICANT'S RESPONSE: 5. Show on the final building plans all existing connection(s) to the public sewer system. APPLICANT'S RESPONSE: 6. All on-site areas required to be paved (i.e. 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 (i.e. Class II A. B.) if concrete is used, it shall be a minimum thickness of 4 inches per Municipal Code Section 17.58.060.A. This paving standard shall be noted on the final building plans submitted to the Building Division before any building permits will be issued. APPLICANT'S RESPONSE: 7. 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 the Building Division. APPLICANT'S RESPONSE: 8. 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). APPLICANT'S RESPONSE: 9. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. An industrial waste permit must be obtained from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the Wastewater Treatment Superintendent at 661-326- 3249. APPLICANT'S RESPONSE: SPR #20-0102 0AKF9 o s, Page 1 14 of 1s r U O OFIGNAL 10. 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 prior to submitting a grading plan. Any off-site/frontage improvements or repairs required during the site inspection shall be shown on the grading plan. APPLICANT'S RESPONSE: 11. 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. APPLICANT'S RESPONSE: 12. 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. APPLICANT'S RESPO 13. If the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (SWRCB Order No. 2009-009-DWQ as amended by Order No. 2010-0014-DWQ and 2012-0006-DWQ) must be filed with the State Water Resources Control Board in Sacramento before the beginning of any construction activity. Compliance with the general permit required that a Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out, and always be available for public inspection during normal construction hours. APPLICANT'S RESPONSE: 14. Prior to the issuance of each building permit, or if no building permit is required, the first required City approval prior to construction, the developer/owner shall pay a Transportation Impact Fee (TIF) for regional facilities. This fee will be based on the rate in effect at the time the applicable approval is issued or in accordance with the Subdivision Map Act, as applicable. The Public Works Department will calculate an estimate of the total fee upon submittal of construction plans for the project. APPLICANT'S RESPONSE: 15. The developer shall form a new Maintenance District. Undeveloped parcels within an existing Maintenance District are required to update Maintenance District documents. Updated documents, including Proposition 218 Ballot and Covenant, shall be signed and notarized. If there are questions, contact Louis Rodriguez at 661-326-3571. (Note: If already within a maintenance district, may need to update the maintenance district form.) APPLICANT'S RESPONSE: �gAKF9 SPR #20-0102 Page 115 of 19 U Or ORiGVAL 16. The developer shall install a full-sized manhole in each sewer line except residential development before it connects to the sewer main. This manhole is to be located within the property being developed and must be easily accessible by City workers. APPLICANT'S RESPONS 17. This project may be located within a Planned Sewer Area. Please contact the Public Works Department — Subdivisions at 661-326-3576 to determine what fees may apply. APPLICANT'S RESPONSE: 18. This project may be located within a Planned Drainage Area. Please contact the Public Works Department — Subdivisions at 661-326-3576 to determine what fees may apply. APPLICANT'S RESPONSE: 19. This project may be subject to Bridge and Major Thoroughfare fees. Please contact the Public Works Department — Subdivisions at 661-326-3576 to determine what fees may apply. APPLICANT'S RESPONSE: F. PUBLIC WORKS - TRAFFIC (1501 Truxtun Avenue) (Staff contact - Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) 1. Show on the final building plans 25 -foot to 42 -foot wide (top -to -top) drive approach(es). Drive approaches must be centered on drive aisles. All dimensions shall be shown on the final building plans. APPLICANT'S RESPONSE: 2. Street return type approaches, if used, shall have 20 -foot minimum radius returns with a 19 -ft to 36 -foot throat width. All dimensions shall be shown on the final building plans. APPLICANT'S RESPONSE: 3. Two-way drive aisles shall be a minimum width of 24 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 dimension shall be shown on the final building plans. APPLICANT'S RESPONSE: 4. Show the typical parking stall dimension on the final building plans (minimum stall size is 9 feet x 18 feet and shall be designed according to standards established by the Traffic Engineer). APPLICANT'S RESPONSE: SPR #20-0102 gAKjcq o s� Page 1 16 of 1R m U ORIGINAL 5. The Bakersfield Municipal Code (Section 17.58.050.K.) prohibits vehicles from backing out of a parking space into a street. Please revise the parking design on the final building plans to eliminate these spaces. (Note: This prohibition does not include single-family homes in residential zones, or multiple family units on local streets where the Traffic Engineer has determined that backing onto a street will not adversely affect traffic and is Similar to a single family residential driveway use.) APPLICANT'S RESPONSE: 6. Walls, fences, or trash enclosures within 10 feet of a sidewalk at an alley or driveway shall not exceed 3 feet in height above the curb flow line. You must either revise the circulation design or show on the final building plans that the maximum fence/wall height will not exceed three feet. APPLICANT'S RESPONSE: 7. The developer shall dedicate additional road right-of-way to the City of Bakersfield along Landco Drive and Street 'A' to full local street width according to adopted city standards with the grading plan submittal. Street 'A' shall be dedicated by an easement or other acceptable instrument as a public local street built to City standards, as approved by the City Engineer. APPLICANT'S RESPONSE: 8. The developer shall dedicate any sidewalk extending out of the right of way to the City of Bakersfield for the pedestrian way along all arterial streets. This must be conducted with a separate instrument or final map. APPLICANT'S RESPONSE: 9. On Knudsen Drive, striping for left turn channelization shall be provided for any access leading to a development which, at build out, generates more than 50 peak hour trips. APPLICANT'S RESPONSE: G. PUBLIC WORKS - SOLID WASTE (4101 Truxtun Avenue) (Staff Contact - Jesus Carrera; 661-326-3114 or jcarrera@bakersfieldcity.us) 1. You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary 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: o gNK, 9q s 11 SPR #20-0102 Page 1 17 of 1t v o CRIG!NAL ❑ Cart service -- 1 cubic yard/week or less 1 time per week • Front loader bin services -- 1 cubic yard/week -12 cubic yards/day • Roll -off compactor service -- More than 12 cubic yards/day APPLICANT'S RESPONSE: 2. Show on the final building plans refuse/recycle bin enclosures. Each enclosure shall be designed according to adopted city standard (Detail # ST -27 and ST -28), at the size checked below Q. Before occupancy of the building or site is allowed, 2, 3 -cubic yard front loading type refuse/recycle bin(s) shall be placed within the required enclosure(s). ❑ 6' deep x 8' wide (1 bin) ❑ 8' deep x 15' wide (3 bins) ❑ 8' deep x 10' wide (2 bins) ❑ 8' deep x 20' wide (4 bins) 0 One, 8' deep x 10' wide (inside dimension); on skids for direct stab only (1-6 yard recycling bin) (Note: All measurements above are curb -to -curb dimensions inside the enclosure. 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.) APPLICANT'S RESPONSE: 3. Examples of enclosure styles can be found on (Detail # ST -32). APPLICANT'S RESPONSE: 4. Show on the final building plans one compactor roll -off bin location(s), designed according to adopted City standards (Detail # ST -30 and ST -31). Please contact staff for additional information on compactor requirements and placement. APPLICANT'S RESPONSE: S. 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. APPLICANT'S RESPONSE: SPR #20-0102 Page 1 18 of 19 ORIGINAL 6. 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. If a grease interceptor is to be used instead of a grease containment bin, the plans must still show the location of an adequately sized enclosure should a grease containment bin be required at a future date. The grease containment bin shall not share the same enclosure as the refuse/recyclable/organic bin enclosure. APPLICANT'S RESPONSE: 7. Facilities with existing refuse service must improve the service location area(s) according to adopted City standards (Detail # ST -27 and ST -28). These improvements shall be clearly shown on the final building plans. APPLICANT'S RESPONSE: 8. If utilities are incorporated into the enclosure design, they shall not interfere with space provided for refuse bins and must provide sufficient protection measures to guard the utilities from damage. APPLICANT'S RESPONSE: 9. Enclosures shall not be located in an area that would cause refuse trucks to interfere with drive thru traffic flow entering or exiting the site, drive thru lanes, etc. APPLICANT'S RESPONSE: 10. Businesses are required to have sufficient capacity of refuse/recycling/organic material storage to go without service for 1 day (Sunday). At any time refuse/recycling/organic services become an issue, businesses shall construct a second refuse enclosure to meet the demand. The second enclosure shall be approved by the City prior to construction. APPLICANT'S RESPONSE: 11. Revise the site plan to make the trash enclosure accessible to the refuse truck. City trucks may not drive down dead-end corridors, nor back-up long distances; therefore, a turn -around area shall be provided. APPLICANT'S RESPONSE: SPR #20-0102 Page 1 19 of 19 ORIGINAL