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HomeMy WebLinkAbout2131 Park Way B A K E R S F I E L D 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 18, 2011 Joseph and Margaret Montgomery 2150 Shoreline Drive Shell Beach, CA 93449 RE: Notice of Decision - Site Plan Review (Project No. 11-0060) Dear Mr. & Mrs. Montgomery: The Development Services Director, upon recommendation of the Site Plan Review Committee, has approved your plans for a second dwelling unit in an R-3 (Multiple-Family Residential) zone district at 2131 Park Way. 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; 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 SPR #11-0060 Page 2 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 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 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, 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. 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. EXPIRATION OF PLAN APPROVAL Approval of this site plan expires on February 18, 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 of 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 SPR #11-0060 Page 3 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 15303(a). This project is exempt because it is a second dwelling unit in a residential zone (small structure exemption). 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 filed within of the decision date to the City of Bakersfield Planning Commission 10 days (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. If you have other questions regarding general information about the site plan review process, please contact the Planning Division at (661) 326-3733. February 18, 2011 DECISION DATE: Sincerely, JIM EGGERT, Planning Director ps S:\BZA_SPR\Forms\spr_data\2011 spr\11-0060,spr,ltr.doc SPR #11-0060 Page 4 SPR #11-0060 Page 5 SITE PLAN COMPLIANCE LIST 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 comments that will help you in complying with the City’s development standards. The item will note when it is to be completed and each has been grouped by department so that you know who to contact if you have questions. DEVELOPMENT SERVICES - PLANNING (staff contact – Pat Stowe 661/326-3679) 1. Show on the final site plan how and where water will be drained from the property. 2. The Building Division will calculate and collect the appropriate impact fee at the time they issue a building permit. 3. The minimum parking required for this project has been computed based on use and shall as follows: Main House - 2 spaces nd 2 Unit - 1 spaces Total 3 spaces (Note: 3 parking spaces are shown on the site plan.) 4. The second unit shall be architecturally compatible with the main home as shown on the approved site plan. Architectural compatibility shall mean that the exterior building materials and architectural style of the second unit are similar to the materials used and basic style of the main home. 5. The home shall be connected to the public sewer system. 6. All driveways, vehicular access and parking areas shall be paved (proposed driveway concrete strips are acceptable). 7. A Park Development and Improvement 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 the permit is issued. The current fee is $1,615 for each independent residential unit.