HomeMy WebLinkAbout5010 Young St
B A K E R S F I E L D
www.bakersfieldcity.us
Development Services Department
Phil Burns, Building Director Jim Eggert, Planning Director
Building Division Planning Division
Phone: (661) 326-3720 Phone: (661) 326-3733
FAX: (661) 325-0266FAX: (661) 852-2135
February 11, 2011
Joseph Engel
4009 Union Avenue
Bakersfield, CA 93305
RE: Notice of Decision - Site Plan Review (Project No. 11-0031)
Dear Mr. Engel:
The Planning Director, upon recommendation of the Site Plan Review Committee, has approved your
plans for construction of a 32,000 square foot industrial office/warehouse complex in an M-2 (General
Manufacturing) zone district at 5010 Young Street.
Your proposal, with corrections as noted, meets 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 who 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;
of 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 or 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
SPR# 11-0031 Page 2 of 10
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 OF 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.
EXPIRATION OF PLAN APPROVAL
Approval of this site plan expires on February 11, 2013 (2 years from the decision date), unless
building permits have been issued, or on projects not requiring a building permit, the use has commenced.
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.
before
We must receive this request 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.
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 (see cover sheet for address).
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, include a $675 filing fee, and must be
10 days
filed within 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.
SPR# 11-0031 Page 3 of 10
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. 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: February 11, 2011
Sincerely,
JIM EGGERT, Planning Director
cc: All Interested Agencies – For your records.
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S:\BZA_SPR\Forms\spr_data\2011 spr\11-0031,spr,ltr.doc
SPR# 11-0031 Page 4 of 10
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.
A. DEVELOPMENT SERVICES – BUILDING (Staff contact - Steve Ewing 661-326-3677)
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.
2. A grading permit 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
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.
3. An approved site utilities plan is required prior to final plan approval.
4. Include with or show on the final building plans information necessary to verify that the project
complies with all disability requirements of Title 24 of the California Building Code.
5. Buildings or structures exceeding 10,000 square feet in area shall require installation of an
automatic fire sprinkler system.
6. The Building Division will calculate and collect the appropriate school district impact fee at the
time they issue a building permit.
7. 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.
SPR# 11-0031 Page 5 of 10
B. DEVELOPMENT SERVICES – PLANNING (Staff contact - Hayward Cox 661-326-3673)
1. The minimum parking required for this project has been computed based on use and shall be
as follows:
Square Parking Required
Use Footage Ratio Parking
Office/warehouse complex 32,000 sq. ft. 1 space/400 sq. ft. 80 spaces
(Note: 94 parking spaces are shown on the proposed site plan. 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 2-1/2 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 another 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
17.58.060 A.).
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. Please note that staff can require additional adjustments to installed lighting
after occupancy to resolve glare or 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).
(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.)
neither considered nor approved
6. Business identification signs are under this review. 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.
Signs must comply with the Sign Ordinance (Chapter 17.60 of the Bakersfield Municipal
Code).
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
SPR# 11-0031 Page 6 of 10
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
www.bakersfieldcity.us (go to Development Services Department).
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year
2014. Projects may be issued an urban development permit, grading plan approval, or
building permit and pay fees prior to the 2014 expiration date under the current MBHCP. As
determined by the City of Bakersfield, only projects ready to be issued an urban development
permit, grading plan approval or building permit) before the 2014 expiration date 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 2014 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 and Wildlife Agency and the California Fish and
Game Department.
8. Prior to ground disturbance, the developer shall have a qualified consultant survey the
location for burrowing owls, and comply with the provisions of the Migratory Bird Treaty Act
(MBTA) of 1918 (16 U.S.C. 703-711). Survey protocol shall be that recommended by the
State Department of Fish and Game. Developers shall be subject to the mitigation measure
recommended by the consultant. A copy of the survey shall be provided to the Planning
Department prior to ground disturbance.
The burrowing owl is a migratory bird species protected by international treaty under the
Migratory Bird Treat 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 Department of
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 reduces 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.
9. Prior to ground disturbance, the developer shall have a qualified consultant 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 State Department of Fish
and Game. Developer shall be subject to the mitigation measures recommended by the
consultant. A copy of the survey shall be provided to the Planning Department prior to ground
disturbance.
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year
1014. Projects may be issued an urban development permit, grading plan approval, or
building permit and pay fees prior to the 2014 expiration date under the current MBHCP. As
determined by the City of Bakersfield, only projects ready to be issued an urban development
permit, grading plan approval or building permit, before the 2014 expiration date, will be
eligible to pay fees under the current MBHCP. Urban development permits issued after the
2014 expiration date may be subject to a new or revised Habitat Conservation Plan, if
SPR# 11-0031 Page 7 of 10
approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency
and the California Fish and Game Department.
10. Open storage of materials and equipment shall be surrounded and screened with a solid wall
or fence (screening also applies to gates). This fence shall be at least 6 feet in height and
materials shall not be stacked above the height of the fence. (Note: Fences taller than 6 feet
are allowed in commercial and industrial zones but they will require a building permit).
11. Areas used for outside storage, shall be treated with a permanent dust binder or other
permanent dust control measure consistent with the regulations of the San Joaquin Valley Air
Pollution Control District. (Note: All passenger vehicle-parking areas must be paved).
12. In the event a previously undocumented oil/gas well is uncovered or discovered on the
project, 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 of BMC Section 15.66.080 (B).
13. 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).
14. 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.
CONDITION OF APPROVAL FROM TENTATIVE PARCEL MAP NO. 11119:
15. If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider
shall notify the proper authorities and be subject to any mitigation measures required of the
archeologist.
C. FIRE DEPARTMENT (Staff contact – Dave Weirather 661-326-3706)
Show on the final building plans the following items:
1.
a. 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 2 sets of the engineered water plans to Dave
Weirather. (Note: All new fire hydrants must be purchased from the Fire Department.)
SPR# 11-0031 Page 8 of 10
b. 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.
c. Project address, including suite number if applicable. If the project is within a shopping
or business center, note the name and address of the center.
d. Name and phone number of the appropriate contact person.
2. The developer must request an inspection of any underground sprinkler feeds at least 24
hours before they are buried. The Prevention Services Division (1501 Truxtun Avenue,
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.
3. All access (permanent and temporary) to and around any building under construction must be
at least 20 feet wide, contain no vehicle obstruction, 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.
4. 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.
5. If you treat hazardous waste on the site, the Prevention Services Division may require a
hazardous waste “Tiered” permit before you can begin operations. Please contact them at
661-326-3979 for further information.
6. 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 a t 661-326-3979 for further
information.
D. PUBLIC WORKS – ENGINEERING (Staff contact – George Gillburg 661-326-3997)
1. 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.
2. If a grading plan is required by the Building Division, building permits will not be issued until
both
the grading plan is approved by the Public Works Department and the Building Division.
3. 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.
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
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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 form a new maintenance district.
9. 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.
10. The developer shall install a full sized manhole in each sewer line 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.
11. 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.
12. This project may be located within a Planned Drainage Area. Please contact the Public
Department – Subdivisions at 661-326-3576 to determine what fees may apply.
13. 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.
E. PUBLIC WORKS – SOLID WASTE (Staff contact – John Wilburn 661-326-3114)
You must contact the staff person noted above before building permits can be issued
1.
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:
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
2. Show on the final building plans refuse bin enclosures. Each enclosure shall be designed
according to adopted city standard (Detail #ST25 A and B), at the size checked below .
Before occupancy of the building or site is allowed, four, 3 cubic yard front loading type refuse
bin(s) shall be placed within the required enclosure(s).
SPR# 11-0031 Page 10 of 10
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)
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 are
must be expanded in size to accommodate multiple containers/bins (contact the staff person
above for the appropriate enclosure size).
3. 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.
4. 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.
5. Facilities that participate in recycling operations must provide a location that is separate from
the refuse containment area.
6. Drive-through access which does not require refuse vehicles to backup in order to exit the
property must be provided.