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Home My WebLink About12808 Overton Drive January 31, 2022 Applicant: Sharphol/Frank Associates Attn: Jason O. Love 925 17th Street Bakersfield, CA 93301 Property Owner: Josie Smith 12808 Overton Street Bakersfield, CA 93312 RE: Notice of Decision - Site Plan Review (Project No. 2-0435) (Ward 4) Dear Mr. Love: At the recommendation of the Site Plan Review Committee, the plans for conversion of a 1,176 square-foot detached garage into an ADU (accessory dwelling unit) in a R-1 (One-Family Dwelling Zone) district located at 12808 Overton Drive have been reviewed and items requiring your attention are attached. 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 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 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 31, 2024 (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). 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 15303 (Class 3: Conversion of Small Structures). This project is exempt because it is a conversion of an existing small structure from one use to another where only minor modifications are made in the exterior of the structure. A Notice of Exemption has been prepared and is available for review at the Planning Division. SPR 2-0435 Page | 2 of 5 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 on 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 contact information 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 31, 2022 Sincerely, Paul Johnson Planning Director cc: All Interested Agencies – For your records. S:\\Counter Operations\\01_SPR\\2021\\21-0435_12808 Overton St._ADU\\spr ltr.docx SPR 2-0435 Page | 3 of 5 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.). 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. APPLICANT’S RESPONSE: __________________________________________________________ 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. APPLICANT’S RESPONSE: __________________________________________________________ 3.Show on the final site plan how and where water will be drained from the property. APPLICANT’S RESPONSE: __________________________________________________________ 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. APPLICANT’S RESPONSE: __________________________________________________________ 5.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). APPLICANT’S RESPONSE: __________________________________________________________ 6.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. APPLICANT’S RESPONSE: __________________________________________________________ SPR 2-0435 Page | 4 of 5 7.Except as otherwise provided, there shall be a front yard of not less than 15 feet in depth measured from the front lot line. If a garage opening faces a public street, the garage shall be set back not less than 20 feet. APPLICANT’S RESPONSE: __________________________________________________________ 8.Except as otherwise provided, 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. APPLICANT’S RESPONSE: __________________________________________________________ 9.Except as otherwise provided, 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 with buildings or structures. APPLICANT’S RESPONSE: __________________________________________________________ 10.The minimum parking required for this project are calculated based on the following: Primary Residence. Two parking spaces are required. If constructed prior to March 15, 1971, then one parking space is required. Parking shall be located off-street and outside the front yard setback. When a garage, carport, or covered parking structure is demolished or converted to an accessory dwelling unit, no replacement parking spaces are required. Accessory Dwelling Unit. One parking space is required. If located within 1/2 mile of public transit, no parking spaces are required. If part of the primary residence or part of an accessory structure, no parking spaces are required. Parking may be permitted in setback areas as determined by City staff. Plans must show the location of the transit with distance markings from the accessory dwelling unit. Tandem spaces are permitted. Compact spaces cannot be counted toward meeting minimum parking requirements. APPLICANT’S RESPONSE: __________________________________________________________ 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. APPLICANT’S RESPONSE: __________________________________________________________ SPR 2-0435 Page | 5 of 5