HomeMy WebLinkAbout4317 E. Brundage LanePhil Burns, Building Director Development Services Department Jim Egg'ert, Planning Director
Buflding Divisbn Planning Division
Phone; 1661') 3,26-3720 Phone: 1661 326-3733
FAX: 1661 325-0266 FAX: 1661 852-2135
August 17, 2012
RE: Notice of Decision - Site Plan Review (Project No. 12-0241)
Dear Ms. Shafer-,
The Planning Director, upon recommendation of the Site Plan Review Committee, has
approved your plans for a 4,532 square-foot nursery building in an M-2 (General Manufacturing)
zone district at 4317 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 Pion Review Committee will review these final plans while
building pion 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, and/or
property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold
SPR9 12-0241 Page 2 of 70
harmless, the City of Bakersfield, its officers, agents, employees, departments, commissioners or
boards ("City " herein) against any and all liability, claims, actions, causes of actions or demands
whatsoever against Them, or any of them, before administrative or judicial tribunals of any kind
whatsoever, in any way arising from, the terms and provisions of this application, including without
limitation any CEQA approval or any related development approvals or conditions whether
imposed by the City, or not, except for City's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any decision
by the City related to this project and the obligations of this condition apply regardless of whether
any other permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action, or proceeding, failing under
this condition within thirty (30) days of actually receiving such claim, The City, in its sole discretion,
shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and
expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by
another entity or party.
REVISIONS OF THE AppRovED PLAID
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 August 16, 201'4 (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.
MY
This site plan review has been found to be exempt from the provisions of the California,
Environmental Quality Act (CEQA) according to Section 15332. This project is exempt because it is
an infill development that is consistent with the general plan and zoning regulations, is within an
area predominantly developed with urban uses, is not identified as critical habitat for endangered
or threatened species, will not significantly affect traffic noise, air or water quality, and wiH be
adequately served by appropriate utilities and public services, A Notice of Exemption has been
prepared and is available f or review at the Planning Division (see cover sheet for address) .
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Any person may appeal this decision. An appeal is limited to whether or not an adopted
development standard, zoning i 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 10 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 ornissions on these plans could alter the compliance list and/or void this
decision. If you have questions about any of the items noted in the Site Plan Compliance List, you
must speak to the contact person representing the department requiring that item. If you have
other questions regarding general information about the site plan review process, please contact
the Planning Division at (661) 326-3733,
DECISION DATE: August 17, 2012
Sincerely,
cc: All Interested Agencies - For your records.
area
5:\B1A _SPR\ Forms\sPr-data\2012 spr\ 12-024 l,spr,ltr.doc
SPR# 12-0241
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Page 4 of'] 0,
A., DEVELOPMENT SERVICES — BUILDING (Staff contact — Steve Ewing 6i61-326i-3677�
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 (NPl ES), a
Notice of Intent (NO]) to comply with the terms of the General Permit to Discharge Storm
Water Associated with Construction Activity (VVQ Order No, 99-018-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 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.
1 Show on the final building plan pedestrian access from the public way and handicap parking.
Private streets are not the public way.
4. 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,
5, Inciude 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.
Buildings or structures exceeding 10000 square feet in, area shall require installation of an
automatic fire sprinkler system where required by the California Building Code and City
brdinance.
7. The Building Division will calculate and collect the appropriate school district impact fee at the
time they issue a building pen-nit.
& 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.
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9, 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 The minimum parking, required for this project has been computed based on use and shall be
as follows:
Square Parking Required
Use Footage Ratio Parking
Office 1,178 sq. ft. 1/3001 sq. ft. 4 spaces
Sates area-indoor/outdoor 25,517 sq, ft, 1/4,000 sq. k 6 spaces
Warehouse 1.837 sg. ft. sg
1/1 000 fL 2 a
— --- - jces
Total Required: 12 spaces
(Note: 12 parking spaces are shown on the proposed site plan. By ordinance, compact and
tandem spaces cannot be counted toward meeting minimum parking requirements,)
2. Minimum parking stall dimensions shalil be 9-fe,et wide by 18-feet long. Vehicles may hang
over landscape areas no more than 2-1/2 feet provided required setbacks along street
frontages are maintained, and trees and shrubs, are protected from vehicles.
3. All parking lots, driveways, drive aisles, loading areas, and another vehicular access ways,
shall be paved with concrete, asphaltic concrete (A. C.), or other paved street surfacing
material in accordance with the Bakersfield Municipal' Code (Sections 15.76,020 and
I7.58.060 A.).
4. Lighting is required for all parking lots, except residential lots with four units or less (Section
17.58.060 A,). lilumination 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 installied lighting
after occupancy to resolve glare or other lighting problems if they negatively affect adjacent
properties.
5, The developer shall include a copy of a final landscape plan with each set of the final building
plans submitted to the Building Division. Building permits will not be issued until the Planning
Division has approved the final landscape plan for consistency with approved site plans and
minimum ordinance standards (please refer to the attached landscaping requirements in
Chapter 17.61).
(NOTE: At the time a final site inspection is conducted, it is expected that ' plants will
match the species identified and be installed in the locations consistent with the
approved landscape plan. Changes, made out prioIr approval of the Planning staff
may result in the removal and/or relocation of installed plant materials and delays in
obtaining building occupancy.)
SPRO 12-0241
Page 6 of 10
6. Business identification signs are neither considered norARPmoved 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 Municipal
Code),
7. 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 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. bakergfieldcit
.0 (gio 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 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. 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 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.
& 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 19118 (16 U,S.C. 703-711), 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 CRR, 21). Sections 3503, 3503.5, and 3800 of the Der�artment of
Fish and Game Code ninhibit the taki oossession destruction California `o'f birds, their nests or
9A08. To avoid violation of the provisions of these laws generally requires that project related
disturbance at active nesting territories be reduces or eliminated during critical phases of the
nesting cycle (March 1- August 1'5, annually), Disturbance that causes nest abandonment
and/or loss of reproductive effort (e.g., kil'l'ing or abandonment of eggs or young) may be
considered "taking" and is potentially punishable by fines and/or imprisonment.
9, 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
SPR# 12-0241 Page 7 of 10
consultant. A copy of the survey shall be provided to the Planning Department prior to ground
disturb,-nce,
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year
1014, Projects may be issued an urban development permit, grading plan approval, •
build ng permit and pay fees prior to the 2014 expiration date under the current MBHCP, A
*etermined • the City of Bakersfield, only projects ready to be issued an! urban, developme
permit, grading plan approval or building permit, before the 2014 expiration date, w0l be
dligible to pay fees under the current MBHCP. Urban development permits issued after the
tO,14 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 Wildiffe, Ageni
,.v,nd the California Fish and Game Department.
10 Open storage of materials and equipment shall be surrounded and screened with a solid wall
or fence (screening also applies to gates),. This fence shall be at least 6 feet in height and
materials 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).
11. 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, (Note,: All passenger vehicle-parking areas must be paved).
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 by the Zoning 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 BBC Section 15.66,080 (B).
14. 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 stabil'izer/suppres,sants 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 vehiicles, 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 finial' 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.
?111 F IN 1111 11111 111111111 101111 � 1111
a. All fire hvdrants,, both oifsite nearest to site and on-site. Include flow data on all
hydrants. Hydrants shall be in good working condition and are subject to testing for
SPR'# 12-024'1 Page 8 of 10
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.)
2. Ali access (permanent and temporary) to and around any building under construction must be
at least 20 feet wide, contain no vehicle obstruction, and be graded to prevent standing water.
Barricades must be in place where ditches and barriers exist in or cross roadways.
Emergency vehicle access must always be reliable.
Ar=. a III, A 4 1 1 1
The developer shall construct curbs, gutters, cross gutters, 5-foot 6-inch wide sidewalks, and
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 be issued.
Z The developer shall install new connections) to the public sewer system. This connection
shall be shown on the final buildling plans submitted to the Building Division before any
building permits wiH be issued,,
3. All on -site areas required to be paved (ie. Parking lots, access drives, loading areas, etc.)
shall consist of concrete, asphaltic concrete (Type B. X 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 17.58.0,60, 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,
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5. 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 661-026 -
240.
6. 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,
7, 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,
8, A sewer connection fee shall be paid at the time a building permit is issued. We wN base this
fee at the rate in effect at the time a building permit is issued,
91. 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
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Department wHI,' calculate an estimate of the total fee when you submit construction plans for
the project.
10. 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 (1/2-width)
of the total cost for the future construction of 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 island or pay the median island fee. The
median, island fee shall be satisfied by fulfilling one of the following options: (1) Pay the
standard fee of $100 per linear foot; or (2) Pay the calculated fee based upon actual cost
estimates prepared by the Project Engineer, which shall 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.
11. The developer shall form a new maintenance district.
1Z All storm water generated on the project site, including the street frontage shall be retained
oinsite unless otherwise allowed by the Public Works Department (please contact the Public
Works Department — Subdivisions at 661-326-3576.
13. 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.
14. 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.
15, This project may be located within a Planned Drainage Area. Please contact the Public
Department — Subdivisions at 661-326-3576 to determine what fees may apply.
PUBLIC WORKS — TRAFFIC (Staff contact — George Gillburg 661-326-39917)
1. Show on the final building plans 36-foot wide (top-to-top) drive approach(es) as indicated by
staff on the returned site plan. Drive approaches must be centered on drive aisles. 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 vehiicle must back into these aisles, the minimum aisle wid
shall be 25 feet. All dn've aisle dimensions shall be shown on the final building plans,
PUBLIC WORKS — SOLID WASTE (Staff contact — John Wilburn: 661-326-3114) 1
* Cart service 1 cubic yard/week or less ,11 time per week
® Front loader bin services 1 cubic yard/week - 12 cubic yards/day
* Roll-off compactor service More than 1 2 cubic yards/day
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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, two 3 cubic yard front loading type refuse
bin(s) shall be placed within the required enclosure(s),
0 6' deep x 8' wide (11 bin,) 11 8' deep x 15'wide (3 bins)
0 8' deep x 101' wide (2 bins) 11 8' deep x 20' wide (4 bins)
NOTE: All measurements 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 contai'ners/bins (contact the staff 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.
51. Facilities that participate in recycling: operations must provide a location that is separate from
the refuse containment area,
6. On the final site plan, show a dedicated turnaround area for refuse vehicles or relocate the
refuse enclosure to the front portion of the property (outside the front setback) to decrease the
backing distance and to eliminate the need for refuse vehicles to back out onto E. Brundage
Lane.
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