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HomeMy WebLinkAbout300 Hayes 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 April 11, 2011 Khair Saheb 22525 Laquilla Drive Chatsworth, CA 91311 RE: Notice of Decision – Site Plan Review (Project No. 11-0096) Dear Mr. Saheb: The Planning Director, upon recommendation of the Site Plan Review Committee, has approved your plans to convert two accessory church buildings to three multiple-family dwelling units in an R-2 (Limited Multiple-Family Dwelling) zone district at 300 Hayes 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. SPR# 11-0096 Page 2 of 8 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 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 April 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. We must receive this request expiration of the project approval. We will before 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. SPR# 11-0096 Page 3 of 8 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 filed within of the decision date to the City 10 days 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. 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: April 11, 2011 Sincerely, JIM EGGERT, Planning Director cc: All Interested Agencies – For your records. rma S:\BZA_SPR\Forms\spr_data\2011 spr\11-0096,spr,ltr.doc SPR# 11-0096 Page 4 of 8 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. Show on the final building plan how and where water will be drained from the property. Show on the final building plan pedestrian access from the public way and handicap parking. Private streets are not the public way. 2. The developer shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that is within 5 feet of property lines if used for residential purposes, or if the distance between the exterior walls and the property lines are within the distances set forth in Table 602 of the 2007 California Building code if used for commercial or industrial purposes. 3. 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. 4. Buildings or structures for residential uses shall require installation of an automatic fire sprinkler system. 5. Before the Building Division can allow occupancy of this apartment complex, they must inspect and approve the placement and colors of the address numbers identifying each unit and/or building, and on-site building/unit location maps so that emergency personnel can easily find a specific unit when responding to the site during an emergency. 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# 11-0096 Page 5 of 8 B. DEVELOPMENT SERVICES – PLANNING (Staff contact – Wayne Lawson 661-326-3976) 1.The minimum parking required for this project has been computed based on use and shall be as follows: Number Parking Required Use Of Units Ratio Parking Multiple-family residential 3 2 spaces/unit 6 spaces (Note: 8 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.) SPR# 11-0096 Page 6 of 8 6. A solid masonry wall shall be constructed adjacent to residentially zoned property as indicated by staff on the returned site plan. This wall must be shown on the final building plans and shall be constructed a minimum height of 6 feet as measured from the highest adjacent finished property grade. If the parking lot, including drive aisles, delivery areas, loading and unloading areas are within 10 feet of residentially zoned property, a 7-foot wide landscape strip that includes landscaping consistent with Chapter 17.61 shall be installed between the wall and parking/drive areas (this will also be noted on the returned plan). 7. Our records show that the project is contained on more than one parcel (Lots 25-28, Mayflower Addition, Block 17). These parcels shall be merged into one parcel because parking must be on the same site as the project (Section 17.58.010.B. of the B.M.C.), building setbacks cannot be met based on the design layout, and/or a parcel line bisects a building. Also, the project has been evaluated and conditioned as a single commercial development, not a two lot residential development. 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 and these parcels have been merged, please provide a copy of the parcel map, subdivision map, or certificate of compliance showing the property as one parcel. 8. Business identification signs are under this review. A neither considered nor approved 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). 9. A Park Development and Improvement Fee shall be paid at the time of the building permit being issued. We will base the fee at the rate in effect at the time the permit is issued. The current fee is $1,615 for each independent residential unit. 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. 11. 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). 12. 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 SPR# 11-0096 Page 7 of 8 the approved plans without prior approval from the Planning Division may result in reconstruction and delays in obtaining a building or site occupancy. 13. Building “A” was constructed in 1968 and Building “B” existed as a church during the 1960’s. Both buildings became accessory structures for the neighboring church at 301 Northrup Street when Building Permit #L8076 was finaled. The building footprints, door and window locations of the end unit of Building “B” will be treated as a legal non- conforming structure for zoning purposed under sections 17.68.020.D and E. of the Zoning Ordinance. However, if either structure must be torn down or substantially rehabilitated to meet building or fire code standards then all new construction for that new building shall also comply with the current setback, door and window locations for residential units in the R-2 zone. C. FIRE DEPARTMENT (Staff contact – Dave Weirather 661-326-3706) 1. Show on the final building plans the following items: 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.) 2.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. 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 the grading plan is approved by the Public Works Department and the both Building Division. 3. 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. 4. 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. 5. 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. SPR# 11-0096 Page 8 of 8 6. 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. 7. The developer shall form a new maintenance district. 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. 9. 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. 10. 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. 11. 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 – TRAFFIC (Staff contact – George Gillburg 661-326-3997) 1. Show the typical parking stall dimension on the final building plans (minimum stall size is 9 feet x 18 feet). F. PUBLIC WORKS – SOLID WASTE (Staff contact – John Wilburn 661-326-3114) 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 Collection locations must provide the collection of refuse and/or recycled materials. 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. Residential properties with three (3) units or less will be serviced with automated carts. Every dwelling unit must have its own cart and no more than three (3) carts will be allowed for each parcel. A screened 3’ x 9’ concrete refuse cart storage pad must be provided for carts when they are not out for collection (this area shall be clearly shown on the final building plans). The Solid Waste Division will determine where service collection will occur (street curbside or alley).