HomeMy WebLinkAbout4041 E. Brundage LaneB A K E R S F 1 E L Q
us
Development Services Department
Phil Burns, Building Director
Building Division
Phone: (661) 326-3720
FAX. (661) 325-0266
Jonathan Frank
Skarphol Associates
1801 Oak Street
Bakersfield, CA 93301
RE- Notice of Decision - Site Plan Review (Project No. 12-0199)
Dear Mr. Frank:
JIrn Eggert, Planning Director
Planning Division
Phone: (661) 326-3733
FAX: (661), 852-2135
The Planning Director, as recommendation of the Site Plan Review Committee, has
approved your plans for a 9,6OiO square foot office/warehousie building in • M-2 (General
Manufacturiing) zone distriict of 4041 E. Brundage Lane,
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 if 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.
SPR9 12-0199 Page 2 of II
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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 low 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 June 7, 2014 (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 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.
rinnain M, J?Ji
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
SPR'# 12 -0) 99
Page 3 qf I I
regulations, is within an areal 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).
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 $700, 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, 9,3301). The Planning Commission will hoild 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.
D - : 11g
Sincerely,
4y,
`JIM EGGERT, Planning Director
cc: AllInferested Agencies - For your records.
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SPR# 12-0199
Page 4 of 11
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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 1' 6.44.010).
With the grading plan, if the project is subject to the provisions of the National
Pollutant Discharge Elimination System (NPDES), a Notice of lntent (N01) to
comply with the terms of the General Permit to Discharge Storm Water
Associated with Construction Activity (WC 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 appro a developer shoill
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. lnclude 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 shall require installation of an automatic fire sprinkler system
where required by current California Building code and City ordinance.
5, The Building Division will calculate and collect the appropriate school' district
impact fee at the time they issue a building permit.
& 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 w4h the California
Building Code. These pedestrian access ways shall not be parallell to vehicular
lanes unless separated'b bs or railings.
SPRH 12-0199
I'age 5 of'] I
7. Prior to granting occupancy, the Building DivKon will verify that a water meter
serving, the development is in place. Therefore, it is recommended that the
developer contact the applicable water purveyor to inquire about their process
for obtaining water service for the development as soon as possible. To
determine who the water purveyor for the development is, you may contact the
City of Bakersfield Water Resources Department (1000 Buena Vista Road',
Bakersfield, CA, phone: 661-326-3715),
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The miniimum parki nig required for this project has been computed based on use
and shall be as follows:
Square Parking Required
9M hootao La t 10 Parkin
Office/warehculse 9,600 sq. ft. I space/400 sq. ft. 24spaces,
(N•te: 24 parking spaces are shown on the proposed site plan. By ordinanc
compact and tandem spaces cannot be counted toward meeting minimul
AA rking requirements.)
2. Minimum parking stall dimensions shall be 9-feef wide by 18-feet long. Vehicles
mA y hang over landscape areas no more than 2-1/2 feet provided req u ired
setbacks along street fronfages are maintained, and trees and shrubs are
protected from vehicles.
3. All parking lots, driveways, drive aisles, loading areas, and another vehicular
A ccess ways, shall be paved with concrete, asphaltic concrete (A. C.), or other
pavedstreet surfacing material in accordance with the Bckersfield Municipal
Code (Sections 75.76.0120 and 117.58.060 A.).
4. Lighting is required for all parking lots, except residential lots with four units or less
(Section 17,58 .060 A.)l. 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
A r baffles may be required for glare reduction or control of back light, No light
AA and fixtures, including bases or pedestals, shall' exceed a height
A f 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 dillagram of the light fixtuIres being used and show how light
will be directed onto the parking area. Please note that staff can require
additional adjustments toinstalled 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
cA nsistency with approved site plans and minimum ordinance standards (please
refer to the landscaping requirements in Chapter 17.61).
SPRP 12-019.9 Page 6 of'l I
6. internal building unit addresses will be only by suite number and will be th
responsibility of' the owner or developer to assign to each tenant. I
(it is recommended that you assign suite numbers beginning with 100, 200, 3,00
etc. instead of • alphabetic character. If in the f uture a tenant space were
split, you would then be able; to assign a suite number beitween the existing
numbers, which would keep your suites in numerical order. Keeping an orderly
numbering system will make it easier for customers, emergency personnel, and
mail delivery to find the business).
Business identification siigns are neither considered noL92proved 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 Muniicipal Code.)
8. 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 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 currenfl'y $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 vovvw, mol rsl� i
IAA„ ,;J (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, gir raw ing
plan approval, or building permit and pay fees prior to the 2014 expiration date
under the current MBHCP. As determined • the City of Bakersfield, only projects
ready to be issued an urban development permit, grading plan approval or
building permit before the 20114 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 M BHCP. Urban development permits issued after f he 2014
expiration date may be subject to a new or revised Habitat Conservatimn fiff*--
approved, or be required to comply directly with requests of the U.S. Fish and
Wildlife Agency and the California Fish and Game Department.
SPRA, 12-019.9
Page 7 ql'l I
9. 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 fMBTA) of 1918 (16 U.S.C. 703-7111). 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 migra!tory bird species protected by international treaty
under the Migratory Bird Treat Act (MBTA) of 1918 (16 U.S.C. 703-711)1. The MBTA
makes it unlawful to take, possess, w purchase, or barter any migratory
bird listed in 50 Pa 10 including feat hers or other parts, nests, eggs, or
products, except as allowed by implementing regulations (50 C.F.R, 21). Sections
3503, 3503.5, and 3,800 of the Qgg2Jifgofrnjig_QQ!ea �artment of �Eish a�ndQdme Q�odp
P f birds their nestsg��. To
avoid violation of the provisions of these laws generally reqluires that project
related disturbance at acfive nesting territories be reduced or eliminated during
critical phases of the nesting cycle (March I - August 15, annually). Disturbance
that causes nest abandonment and/or loss of reproductive effort (e.g., killing or
abandonment of eggs • young) may be considered "'taking" and is potentially
punishable by fines and/or imprisonment.
10. 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 providedi to the Planning Department prior to ground disturbance.
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. 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.
11. Open storage • materials and equip all be surrounded and screened
with a solid wall or fence (screening also applies to glates). This fence shall be
least 6 feet in height and materials shall not be stacked above the height of th -
fence. (Note: Fences taller than 6 feet are al/owed in commercial and indus
zones but they will require a building permit).
12, 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. i(Note: All passenger vehicle- parking
areas must be paved.
VR# 12-0199
I'age 8 ()J- 11
13. Refuse collection bin enclosures and container areas are subject to all required
structural setback from street frontages, and shall not reduce any parking,
loading • landscaping areas • required by the Zoning Ordinance,
14. In the event • previously undocumented oil/gas well is uncovered • dis,coverel
on the project, the developer is responsible to contact the Department of
Conservation's Division • Oil, Gas, andiGeothermal Resources (DOGGIR). The
developer is responsible for any remedial operations on the well required •
DOGGIR. The developer sholl also be subject to provisions of BMC Section
15.66-080 (B).
15. The developer shall meet alll regulations of the and Joaquin Volley Air Pollution
Control District (Regulation VIll) 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 piIes,
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) .
16. 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 instd1le• .
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.
C. FIRE DEPARTMEN'T'(Staff contact - Dave Welrather 6611-326-3706)
111T,
a. All fire hvdr(:.ints both o e
drams (nearest to, site and )n-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
co' be • 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 vehiicle access must
always be reliable.
SPR4 12-0199 Page 9 qj'] I
The developer shall construct curbs, gutters, cross gutters, 5-foot 6-inch wide
sidewalks, ond'street/alley paving along E. Brundage Lane according to
adopted city standards. These improvements shall be shown on the final
building plans submitted to the Building Division before any building permits will
beisslued,
2. The developer shall install new connecfion(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,
3 If a grading plan is required by the Building Division, building permits will not be
issued until the grading plan is approved by tgLth the Public Works Department
and the Building Division,
4. 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.
5. 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.
A street permit from the Public Works Department shiall'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.
7, 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 al building permit is issued.
8. 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.
9. The developer shall either construct the equivalent full width landscaped
median island in E. Brundage Lane along the development's frontage or pay
their proportionate share (11 /2-width) of the total cost for the future constructio
• the median. Median islands shall be designed by the first development that
occurs along an, applicable street frontage. That developer shall either
construct the full width landscaped median is'la • poly the media and fe
The median island fee shall be satisfied by fulfilling one of the following options
(1) Pay the standard fee of $1 OiO per linear foof; or (2) Pay the calculated fee
based upon actual cost estimates prepared • the Project Engineer, which sh
SPRfl 12-0199
4
11011
Page 10 qf'] I
be reviewed and! approved by the City Engineer. If the median island is not
constructed by the first development along an applicable street frontage, the
second development along that street frontage shall construct the full width
landscaped median island.
The developer shall form a new maintenance district,
11' . 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).
12. 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.
13. This project may be located within a Planned Sewer Area. Please contact the
Public Works Department - Subdivisions at 661-326-35,76 to determine what fees
may apply.
14 This project may be located within • PlIanned Drainage Area. Please contact
the Public Works Department - Subdivisions at 661-326-3576 to determine what
fees may apply.
U11111IM17111101111=1 lull 91112E�=
Show on the final building plans a 36-f:oot wide (top-to-to,p) drive approach as
indicated by staff on the returned site plan. Drive approaches must be centered
*n drive aisles. All dimensions shall be shown on the final building plans.
0
* Cart service I cubic yard/week or less I time per week
* Front loader bin services I cubic yard/week - 12 cubic yards/day
a, Roll-off compactor service More than 12 cubic yards/day
Relocate the refuse bin enclosure to prevent the need for refuse vehicles to
back-up. Access to the refuse bin enclosure shall be provided by 6:00 a.m. on
refuse service days.
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), of the size
checked below 0. Before oiccupancy of the buildling or site is allowed, two 3
S1'R4 12-0199
Page I I of I I
cubic yard front loading type refuse bins shall be placed within the required
enclosure.
6' deep x 8' wide (1 bin) 11 8'deep x 15'wide (3 bins)
8'deep x I O'wide (2 bins) 0 8'deep x 20'wide (4 bins)
in
Fursurl atDo e appr
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
separate from the refuse bin location. This shalt/ 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,