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Home My WebLink About5500-5638 Knudsen DrB A K E R S F I E L D .. . ......... DeveIopment Services Department Phfll Bums, Building Director Building Division Phone: (661) 326-3720 FAX: (661) 3,25-0266 August 13, 2012 Carosella - Lundy 1412 171" Street, Suite 412 Bakersfield, CA 9 301 R E: Notice of Decision - Site Plan Review (Project No. 12-0256) lrownfimfigfivl�� Jim Egged, Planning Dfirecfor Planning Division Phone: (661)32.6 -3733 FAX: (661) 852-2135 The Planning Director, upon recommendation of the Site Plan, Review Committee, has approved your plans for a 42,405 square foot retail center in an M-2 (General Manufacturing) zone district at 5500-5638 Knudsen Drive. 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 buildling 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. 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, SPRH 12-0256 Page 2 of 12 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 low 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. Approval of this site plan expires on August 12, 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 andl 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, I UTAILZOGIZ111M UY 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 wafer quality, and' will be adequately served by appropriate utilities and public services. SIT# 12-0256 Page 3 ql'12 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 • not applied to the project, was, done consistent with the authority granted • city ordinances • 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 d�aysi of the decision date to the City • Bakersfield Planning Commission (c/o Bakersfield Planning Director, 1715 Chester Avenue, Bakersfield, CA, 93301). The Planning Commission wiH ho�d 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 Man 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. August 13, 2012 Sincerely, cc: Aii Interested Agencies - For your records, rma S:\BZA-S PR\ Forrns\spr�-daf a\2012 spr\ 1: 2-0256, spr, Itr.doc SPR� 12-0256 q F0111111 iiql� 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 16.44.010). With the grading plan, if the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a Notice of Intent (NO[) to comply with the terms of the General Permit to Discharge Storm Wafer 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. Z A grading permit is required prior to final plan approval, The developer shall submit 4 copies of grading pIlans 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 consisitent 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. An approved' site utilities plan is required prior to final plan approval. 4. Show on the final building plan pedestrian access from the public way and handicap parking. Private streets are not the public way. 5. The developer shall include fire resistive wall construction details with the final building plans for all exterior walls, of any building that is within the distance as set forth in Table 602 of the California Building Code, 6. 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. 7. The developer shall obtain all required approvals from the Kern County Environmental Health Services Department (2700 I'M" Street, Bakersfield, CA., SPR# 12-0256 �001 a Page 5 (?f 12' 93301; PH 661-862-8700) for any food handling facility (ie. market, delicatessen, caf6, concession, restaurant) before building permits can be issued, Buildings or structures shall require installafion of an automatic fire sprinkler system where required by current California Building code and City ordinance. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. 10. 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. 11. Prior to granting occupancy, the Building Division will verify that a wafer 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). I . The minimum parking required for this project has been computed based on use and shall be as follows; Square Parking Required Use Footag 92fl2 PoNng Restaurant pads 13,405 sq. ft. I space/75 sq, ft, 179 spaces Multi-tenant retail 219,000 sq. ft I space/200 sq. ft 1AIVaces Total Required: 324 spaces (Note: parking spaces a on the proposed site plan, hoiwever, the maximum number of spaces must not exceed 150% of the minimum which is 486 stalls. By ordinance, compact and tandem spaces cannot be counted toward meeting minimum parking requirements.)! 2. Minimum parking stall dimensions shall be 9-feet wide Iby 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 andl shrubs are protected from vehicles. 4. All parking lots, driveways, drive aisles, loading areas, and another vehicular i-- access ways, shall be paved with concrete, asphaffic 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.),. SIT# 12-0256 Page 6 qf 12 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 as 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 f:inal landscape plan for consistency with approved site plans and minimum ordinance standards (please refer to the landscaping requirements, in Chapter 17.61), I (NOTE: At the time a final site inspection is conducted, It Is expected that plants the approved' landscape plan. Changes made without prior approval of the Planning staff miay result In the removal and/or relocation of installed plant moterialls and delays In obtaining building occupancy.) 6. Street addresses for the project shall be designated as shown by staff on the returned site plan. These numbers will be the only addresses assigned by the city unless you wish to have a different address program. Internal building unit addresses will be only by suite number and will be the responsibility of the owner or developer to assign to each tenant. (It is recommended that you assign suite numbers beginning with 100, 200, 300 etc. instead of an alphabetic character, If in the future a tenant space were split, you would then be able to assign a suite number between 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), 7. Business identification sigins are neither considered nor approved under this review. A separate sign permit reviewed • 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.) 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 SM 12-0256 Page 7 of 12 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 www, baker sfje�dcij y L �s (go to Development Services Department). � The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) 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 permit, grading; plan approval or bulilding permiit before the 2014 expiration date will be eligible to pay fees uncle the current MBHCP. Early payment or a_ •• of MBHCP fees shall not be allowed, The ability • the City to issue urban development permits is governed by the terms of the MBHCP,. Urban development permits issued after the 2014 expiration date may be subject to a new or revised Habitat Conservation Plan, approved, or • required to comply directly with requests of the U.S, Fish and Wildlife Agency and the California Fish and Game Department. 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 (MBTA) of 1918 (16 U.S.C. 703-711). 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 migratory bird species protected by international treaty under the Migratory Bird Treat Act (MBTA) of 1918 (16 U.S.C. 703-71 1), The MBTA makes it unlawful to taike, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.P. Part 10 in c ludi ng feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21), Sections 3503, 3503.5, and 38010 of the California Department of Fish and Game Code their nests ore _cIgs. 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 Inest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or 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 gation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance, SPRP 12-0256 Page 8 of- 12 The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP,) expire in year 0 may be issued an urban development permit, grading plan approval, or building permit and as fees pCbr to the 2014 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projec as to be issued an as 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 as may be subject to a new or revised Habitat Conservation Plan, I approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Game Department. I 11. Rooftop areas of commercial buildings (e.g., office, retail, restaurant, assembly, hotel, hospital, church, school), and industrial buildings adjacent to residentially zoned properties, shall be completely screened by parapets or other finished architectural features constructed to a height of the highest equipment, unfinished structural element or unfinished architectural feature of the building. 12. 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 • the Zon*[ng Ordinance. 13. In the event a previously undocumented oil/gas well!, is uncovered or discovered 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 responsible for any remedial operations on the well required by DOGGR. The developer shall also be subject to provisions of BMC Section 15.66.080 (B). 14. The developer shall meet all regulations of the Son 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 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). 15. Prior to receiving final building or site occupancy, you must contact the Planning Division (staff conitact noted above) for final inspection and approval of the landscaping, parking s 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 o occupancy, SPRfl 12-0256 Page 9 (,J- 12 'T a. All fire hydran-f-$,, bath -o-ff—s'i-t-e-'nearest tQ 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 We rather. (Note- All new fire hydrants must be purchased from the Water Resources Department.) 2. Alll access (permanent and temporary) to and Ground' 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. 7% The developer shall construct curbs, gutters, cross gutters, 5--foot 6-inch wide sidewalks, and street/alley paving along Knudsen Street, Landco Drive and the un-named street in middle of project 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. 2. The developer shall install two streetlights along Knudsen Street and Laindco Drive as shown by staff on the returned site plan. The developer shall be responsible for providing the labor and materials necessary to energize all newly installed streetlights Ibefore occupancy of the building or site. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. 3. The developer shall construct standard handicap romps at the corners of all radius return drive approaches and street corners 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. 4, 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, 5. Show on the final building plans all existing connection(s) to the public sewer system. SPR# 12-0256 Page, 10, qf'l 2 & 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 II 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. 7. If a grading plan is requlired by the Building Division, building permits will not be issued until the grading plan is approved by t9t the Public Works Department and the Builcl�ng Division, 8. 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. 9. 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, 10. 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. 11, A sewer connection fee shall be paid at the time a building permit is issued. We wills base this fee at the rate in effect at the time a building permit is issued. 12. If the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a "Notice of Intent" (N I) to comply with the terms of the General Permit to Discharge Storm Wafer Associated with Construction Activity (WQ Order No. 92-08- 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 required that a Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out, and always be available for public inspection during normal construction hours. 13. 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, 14. The developer shall form a new maintenance district. STRil 12-0256 Page 11 qf'12 15. The developer shall dedicate additional road right-of-way to the City of Bakersfield along Knudsen Street to full collector street width according to adopted city standards. The developer shall construct additional roadway along Knudsen Street to full collector street width according to adopted city standards, 16. 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). 17. 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. 18. 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. 19. This project may be located within a Planned Drainage Areal. Please contact the Public Works Department - Subdivisions at 661-326-3576 to determine what fees may apply, 20, A street is shown in the middle of the project, connecting Knudsen Street with Landco Drive. The curb to property dimensions shown on the plan do not meet City standards, which must be met if the street will be a pubic street. 21. The traffic signal shown on the plan may not be constructed until signal warrants for a traffic signal have been met, and a signal progression study has been submitted to and approved by the City Engineer. E. PU BLIC WORKS -TRAFFIC (Staff cointact - Geoirge Gililburg 661-326-399Z:,, Street return type approaches, if used, shall have 20-foot minimum radius returns with 25-foot minimum throat widths. All dimensions shall be shown on the final building plans. 2. Two-way drive aisles shall be a minimum width of 24 feet. If perpendicular (900,) parking spaces, are proposed where a vehicle must back into these aisles, the minimum aisle width shall be 25 feet. All drive aisle dimension shall be shown on the final building plans. 3. Show the typical parking stall dimension on the final building plans (minimum stall size is 2 feet x 1 8 feet). 5PRli 12 -.0256 Page 12 oj'12 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), at the size checked below 0. Before occupancy of the building or site is allowed, thirteen 3 cubic yard front loading type refuse bin(s) shall be placed within the required enclosure(s). El 6'deep x 8'wide (I bin) 21 1 -8i'deep x 15'wide (3 bins) 0 5 - 8' deep x I O'wide (2 bins) El 8'deeip 0'wi'de (4 bins) NOTE: All measuirements above are curb-to-curb dimensions inside the enclosure. if both refuse and recycling containers are to be combined in the same enclosure area, this area must be expanded in size to accommodate multiple containers/bins (contact the staiff person above for the appropriate 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 is separate from the refuse bin location. This shall 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. . } }/ ��f� D V e W- To A CL co vmx UA -2 0 cm co 9's 10% An Ln 7 a: Ln j-1 1, 414 H 4 -1 �J 271 LA — - L iu, LL Nasoml ta ui r- MENWAlmil �Akm A&W-4 IN 40