HomeMy WebLinkAbout426 Niles St
B A K E R S F I E L D
Development Services Department
Phil Burns, Building Director Jim Eggert, Planning
Building Division Director
Phone: (661) 326-3720 Planning Division
FAX: (661) 325-0266 Phone: (661) 326-3733
FAX: (661) 852-2135
July 21, 2011
Jose S. Ornelas
2817 20 Street
th
Bakersfield, CA 93301
RE: Notice of Decision - Site Plan Review (Project No. 11-0265)
Dear Mr. Ornelas:
The Planning Director, upon recommendation of the Site Plan Review
Committee, has approved your plans to convert a garage/storage building into a 716
square foot dwelling unit on a property containing a single-family residence in an R-3
(Multiple-Family Dwelling) zone district at 426 Niles 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.
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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
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 July 21, 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
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SPR #11-0265 Page 3
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
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.
July 21, 2011
DECISION DATE:
Sincerely,
JIM EGGERT, Planning Director
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cc: All Interested Agencies – For your records.
ps
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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:
Existing single-family residence - 2 spaces
Proposed 2-befroom dwelling unit - 2 spaces
Total 4 spaces
(Note: 4 parking spaces are shown on the site plan.)
4. The units shall be connected to the public sewer system.
5. 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.
6. 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.).
7. 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
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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.)
8. 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.
9. A solid masonry wall shall be constructed along a portion of the western property
boundary 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. Where parking 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).
10. 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.
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