HomeMy WebLinkAbout3300 Brittan RdB A K E R S F I E L D
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Development Services Department
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July 24, 2012
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3740 SVIect Avenue #2F
Bakersfield, CA 93308
Jim Eggert, PlanNnq Director
�Plianning Dvision
Phone: (661) 3,26-3733
FAX: 1661 852-2135
RE: Revised Notice of Decision - Site Plan Review (Project No. 12-0226)
Dear Mr. Ulman:
The Planning Director, upon recommendation, of the Site Plan Review Committee, has
approved your plans to construct two (2) 4,000, square foot vehicle storage buildings and an
outdoor vehicle storage area in an M-1 (Light Manufactu6ing) zonie district at 3300 Britton
Road.
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 submlitted. You must submit final
building plans to the Building Division. The Site Plan Review Committee will review these final
plans while building plain 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.
SPR4 12-0226
Page 2 o
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In consideration by the City of Bakersfield for land use entitlements, includling 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 limifaflon any CEQA approval or any related development
approvals or conditions whether imposed by the City, or not, except for City's sole active
negligience 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 AppHcanf 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.
Any time after site plan approval but before the approval expires; you may submit
revisions to the plain. 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 condition, mitigation,
or result from physical obstacles or other comparable constraints,
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Approval of this site plan expires on July 23, 2014 (2 years from the decision date), uNess
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.
SPR4 12-0226
Pagc� 3 qf 10,
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 if 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).
Any person may appeal this clecision. An appeal is limited to whether or not an
ad�opfed development standard, zoning regulation, mitigation, or policy applied or not
appIlied 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 • issue as noted, d'e a $700 ng fee, and must be filed within 101 days 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.
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 Siite Plan
that item. If you, have other questions regarding general information about the site p an
review process, please contact the Planning Division at (661) 326-3733.
cc: Aii Interested Agencues -- For your records.
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I 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 16,44.0110),
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 BUding Division. A finial soilIs 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 p,lans aind landscaping plans.
Building permits will not be issued until the graclingi permit is approved by the
Building Division, Planning Division (HCP), and Public Works Department.
3. The developer shall include fire resistive wall construction details with the final
building plans for all exterior wails of any building that is within the distance as set
forth in Table 602 of the California Building Code.
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. The Building Division will calculate and collect the appropriate school district
impact fee at the time they issue a building permit.
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,5PR# 12-0226
Pap� 5 of 10
Buildlng Code. These pedestrian access ways shall not be parallei to vehicular
lanes, unless separated by curbs • rai'lings.
7. Prior to granting occupancy, the Building Division 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)1.
i i :I i I i IF I I i i I IF I I I Ili i I I i i i s. -i
I The minimum parking required for this project has been computed based on use
and shall be as follows-,
Square Parking Required
Use Footgge Ratio Parking
Vehicle sforage buildings, 8,000 sq. ft. NA I space
Outdoor vehicle storage 8,0100 sq. ft, NA 1 space
Total Required: 2 spaces
(Note: 7 on-street parking spaces exist along the subject property's Britton Road
frontage.),
2. All driveways 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.).
3. The developer shall include a copy of a final landscape plain with each set of:
the final buHding pila ed 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 ordlinance standards (please
refer to the landscaping requirements in Chapter 17.61).
The required landscape area along Britton Road shall match the width of the
existing landscape area on the property located immediately to the west (4000
Buck Owens Boulevard).
SIT9 12-0226 Page 6 qf'l 0
use and construction signs. Signs must comply with the Sign Ordinance (Chapter
17.6iO of the BakersfieId Municipal Code.)
5. 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) • defined in the
Implementation/Manageiment 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 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 wwvv,&akersfleId i t :...0 (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 as 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 as development permit, grading plan approval or
building permit before the 2�01 4 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 M8HCP. Urban development permits issued after the 2014
expiration date may be subject to a new or revised Habitat Conservation Plan, if'
#pproved, or be required to comply directly with requests of the U.S,. Fish and
Wildlife Agency and the California Fish and Game Department.
6. Prior to ground' disturbance, the developer shaIl 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. 70i3-71 1). Survey protocol shall
be that recommended by the State Department of Fish and Game. Developers
shall be subject to the mitigation measure recommended by theconsultant. 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)1. 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, 35'03.5, and 3800 of the California Deoartment of Fish and Game Code
prohibit the taking, possession or destruction of birds, their nests o'r e s. To
avoid violation of the provisions of these laws generally requires that project
related disturbance at active nesting territories be reduced or eliminated during
critical phases of the nesting cycle (March 1- August 15, annually),, Disturbance
that causes, nest abandonment and/or Ioss of reproductive effort (e.g., killing or
SPR it 12-0226 Page 7 of'10
tbandonment of eggs or young) may be considered "taking" and is potential
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,ounishable by fines and/or imprisonment.
7. 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)1 expire
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 projec
ready to be issued an urban development piermit, 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 offer the 2014
expiration date may be subject to a new or revised Habitat Conservation Plan, i
approved, or be required to comply directly with requests of the Ul.S. Fish and
Wildlife Agency and the California Fish and Game Department. I
8. Open storage of materials and equlipment shall be surrounded and screened
I
with a s�o,lid wall or fence (screening also applies to gates). This fence shall be at
least 6 feetin height and miw ls 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).
9, 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 Son
Joaquin Valley Air Pollution Control Distr'ct, (Note: All passenger vehicle-parking
areas must be paved.)
10. Refuse collection bin enclosures and container areas are subject to all requ,ired
structural setback from street frontagies, and shall not reduce any parking,
loading or landscaping areas as required by the Zoning Ordinance.
11. In the event
• previously undocumented oil/glas well is uncovered or discovere
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 responisible for any remedial operations on the well required
80 by
DOGGR. The developer shall also be subject to provisions of BMC Section
15.66.0 (B). I
12. The developer shall meet all regulations of the San Joaquin Valley 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 piles,
and' access ways; covering or wetting materials that are transported off-site; limit
construction-related speed to 15 mph on alll unpaved areas/washing of
construction vehicles before they enter public streets to minimize carryout/track
SPRP12-0226 Page 8 0
J, 10
out; and cease grading and earth moving during periods of high winds (20 mph
or more)..
13, Prior to receiving fina!l 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
PlanninND i ay result in reconstruction and delays in, obtaining a building
N r site occupancy,
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0. All fire hydrants, both offsite fnearest to site and on-site. include flow
data on all hydrants. Hydrants shall be in goad 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 Water Resources Department.)
b, All fire sprinkler and/or stand oJoe systems, fire alarms and commercial
oaol ns. 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.
2. The developer must request an inspection from the Water Resources Department
(1000 Buena Vista Roadl, Bakersfield, CA, phone: 661 -- 326 - 37115) for any
underground sprinkler feeds at least 24 hours before they are Iburied, 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
dlitches and barriers exist in or cross roadways. Emergency vehicle access must
always be reliable,
513-MMEM, I 711_T�;T111U11
1. The developer shall construct curbs, gutters, cross gutters, 5-foot 6-inch wide
sidewalks according to adopted city standards. The developer shall construct
street/alley paving along Brittan Road, including reconstruction of the existing
street paving to the centerline, 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 be issued.
SPR4 12-0226
Page 9 of 10
2. The developer shall install one (1) streetlight along Britton Road. The developer
shall be responsible for providing the labor and materials necessary to energize
all newly inistalled streetfights before occupancy of the building oir site, These
improvements shall be shown on the final bulilding plans submitted to the Building
Division! before any bulilding permits will be issued.
3. 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.
4. All on -site areas required to be paved (ie. parking lots, access drives, loading
areas, etc.) shall consist of concrete, asphaltic concrete (Type B. A. C.) or other
paved street material approved by the City Engineer. Pavement shall be a
minimum thickness of 2 inches over 3 inches of approved base material (ie. Class
11 A. B.) if concrete is used, it shall be a minimum thickness of 4 inches per
Municipal Code Section 17.58.060, paragraph A. This paving standard shall be
noted on the final building plans submitted! to the Building Division before any
building permits will be issued.
5. If a grading plan is required by the Building Division, building permits will not be
issued until the grading planis approved by bp1h the Public Works Department
and the Building Division.
6. 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.
7. 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. Developer shall repave Britton Road to the
centerline along the project frontage.
8. 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,
9. 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.
10, 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 plains for the project.
SPR# 12-0226 Page 10 qf 10
ill. The developer shall form a new maintenance district,
12. All storm water generated on the project site, including the street frontage shall
be retained onsite ulniless otherwise allowed by the Public Works Department
(please contact the Public Works Department - Subdivisions at 661' -- 326 -35 6j,
13. 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
1' 4. This project may be located within a Planned Drainage Area. Please contact
the Public Works Department - Subdivisions at 661-326-3576 to determine what
fees may apply.
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Show on the final building plans a 36-foot wide (top-to-top) drive approach as
indicated by staff on the returned site plan, Drive approaches must be centere
on drive aisles. All dimensions shall be shoiwn on the final building plans, I
or:1 11
If the facility is utilized for any use other than ware house/storag:e or if personnel
are conducting business on the premises, then, refuse service and refuse
containment area (8-foot by I O-f o,ot enclosure) will be required. The property
owner shall provide a letter agreement to this, effect prior to the issuance of a
building permit.
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