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HomeMy WebLinkAbout9016 Hills View Drive SENT VIA ELECTRONIC MAIL August 12, 2022 Jeremy Willer Construction Jeremy Willer 6702 Montagna Drive Bakersfield, CA 93306 RE: Notice of Decision - Site Plan Review (Project No. 22-0360) (Ward 3) Dear Mr. Willer: The plans for construction of a 822 square foot ADU (accessory dwelling unit) with a 40 square foot porch in the R-1 (One-Family Dwelling Zone) district located at 9016 Hills View Drive, have been reviewed and conditionallyapproved. This development is located within Tract 6426, which has incorporated ADUs as next generationhousing in their master plan for the development. The project is subject to a variety of conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. The following conditions include specific items that you need to resolve before you can obtain a building permit or be allowed occupancy. In addition, there are informational items included to alert you to specific fees and/or requirements moving through the development permitting process. Your next step is to apply for necessary building permits to construct your project 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 August 11, 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). 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 theSite 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 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: August 12, 2022 Sincerely, for LM Linda Mitchell Principal Planner 9ƓĭƌƚƭǒƩĻ cc:All Interested Agencies For your records. Tamra Lopez, Building Division S:\\Counter Operations\\01_SPR\\Master Plan ADU Review\\2022\\22-0360_9016 Hills View Drive\\_spr ltr_ADU_9016 Hills View Drive.docx SPR 22-0360 Page | 2of 4 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 ment 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 RESPONSE line provided directly below the item (example: sheet number, detail, etc.). GENERAL CONDITIONS 1. 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 action 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 whethe 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, falling 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. 2. This site plan expires 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). 3. It shall be the responsibility of the property owner, operator, and/or management to ensure that any required permits, inspections, and approvals from any regulatory agency be obtained from the applicable agency prior to issuance of a building permit and/or the issuance of a certificate of occupancy. SPR 22-0360 Page | 3 of 4 DEVELOPMENT SERVICES - PLANNING (1715 Chester Avenue) (Staff contact Veronica Martinez; 661-326-3733 or vmartinez@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. 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). 4. The minimum parking required for this project are calculated based on the following: Primary Residence. Two parking spaces are required. Parking shall be located off-street and outside the front yard setback. Accessory Dwelling Unit. The proposed ADU is part of the primary residence, therefore, no additional parking spaces are required. Tandem spaces are permitted. Compact spaces cannot be counted toward meeting minimum parking requirements. 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