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HomeMy WebLinkAbout5601 Coffee RdB A K E R S F I E L D ,PPvvwbakersflef 'q (.us Development Services Department Phil Burns, Building Director Building Division Phone: (661) 326-3720 FAX: (661) 325-0266 August 22, 2012 Tom Dee Western Properties 11' 001 River Run Boulevard, Suite 1 02 Bokersfield, CA 93311 RE: Notice of Decision -Site Plan Review (Project No. 12-0259) Dear Mr. Dee: Jim Eggert, Planning Director Planning Division, Phone: (661) 326-3733 FAX: (66,11) 852-2135 The Planning Director, upon recommendation, of the Site Plan Review Committee, has approved your plans for to construct a 132-unit apartment complex in an R-2 (Limited Multiple- Family Dwelling) zone district at 5601 Coffee Road. This approval reflects Zoning Modification No. 12- 0260, which allows a front yard setback reduction from 15 to five feet and the construction of 6' -1 O" masonry walls along the northern and southern property boundaries. Your proposal, with corrections as noted, meets the minimum required codes, policies and standards for development as adopted by the Bakersfield City Council, Specific items have been identified (see attached Site Plan, Compliance List) that you need to resolve before you can obtain a building permit or be allowed occupancy. These, items may include changes or additions that need to be shown on the final building plans, alert you to specific fees, and/or are comments that will help you in complying with the city's development standards. Each item will note when it is to be completed and they have been grouped by department so that you know who to contact if you have questions. Your next step is to either apply for necessary building permits to construct your project, or begin your business activities depending on the request submitted. You must submit final building plans to the Building Division. The Site Plan Review Committee will review these final plans while builclang plan check occurs to ensure that you satisfy the items in the Site Plan Compliance List. Pleaise 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 mode 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 12-0259 Page 2 qJ'12 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 re,lated 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 App5cant 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. 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 21, 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 ulse 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, U'RIJIM M NIAMAZIMIMI ffl�lfl' 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 SPRO 12'-0259 Page, 3 of'12 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 decision, An appeal is limited to whether or not an adopted development standard, zoning regulation, mifigation, or policy applied or not applied to the project, was done consistenit with the authority granted by city ordinances or the California Environmental Quallity Act (CEQA), The appeal must • in writing stating the precise basis or issue as noted, include a $700 filing fee, and must be filed within 101 days of the decision date to the City of Bakersfield Planning Commission (c/o Bakersfield Planning! Director, 1715 Chester Avenue, Bakersfield, CA, 93301). The Planning Commission will hold a public hearing on the appeal and their decision willl be final unless their decision i's appealed to the City Council. Site plan approval is based on the statements made in the application and the plans you submitted. Any errors or omissions on these plans could alter the compliance list and/or void this decision. If you have questions about any of the items noted in the Site Plan CornpIliance List, you must speak to the contact person representing the department requiring that item. If you have other questions, regarding general information about the site plan review process, please contact the Planning Division at (661) 326-3733. Sincerely, cc: AH Interesf ed Agencies - For your records. rma S:\BZA.SPR\Forrn$\sPr.-data\2012 sPr\11 2-0259,spr,itr.doc SPR4 12-0259 Pap, 4 of 12 Prior to review of improvement plans by the City, the developer shall submit a grading plan for the proposed site to be reviewed andl approved by the City Engineer and Building Official (Bakersfield Municipal Code Section 16.44.0101). 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 carded out, and always be available for public inspection during ! normal construction hours, 2. A grading perm,it is required' prior to final plan approval, The developer shall suN mit 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 N Public Works Department. A1111111111111,G1111 11110114AN121 =6 1151�. Show on the final' building plain pedestrian access from the pubilic 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. SPR9 12-0259 Pap, 5 of'12 7. An acoustical consultant, approved by the Building Division, shall be contacted to prepare and include with the finial building plans measure that mitigate noise exposures for all buildings on the project site that are subject to noise levels of 65 db or greater as delineated by the CNEL contour maps of the city. These implementation measures shall comply with the requirements of Title 24 of the California Building, Code. & The developer shall'obtain all required approvals from the Kern County Environmental Health Services Department (2700 "M" Street, Bakersfield, CA, 9330 1; PH 661-862-8700) for any public pool or related facility before building permits can be issued. Disabled access to any public pool and related facility shall comply with Title 24 of the California Building Code. 9. Buildings, or structures shall require installation of an automatic fire sprinkler system where required by current California Building code and City ordinance. 10. Before the Building Division can allow occupancy of this apartment complex, they must inspect andl approve the placement and colors of the address numbers identifying each unit aind/or building, and on-site building /unit location maps so that emergency personnel can easily find a specific unit when responding to the site during an emergency, 11. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. 12. 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. 13. 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). J,JJJJJJrAKO=­T`,, The minimum parking required' far this project has been computed based on use and shall be as follows: Number of Parking Required DA Vn#s Ratio Parkin Multi Family - I BR 44 1 space /unit 44 spaces Multi Family - 2+BR 88 2 spaces /unit 176 spaces Guest Parking +10% 22spaces Total Required: 242 spaces SPR# 12-0259 Page 6 q f 1' 2 (Note: 245 parking spaces are shown an the proposed site plan, By ordinance, compact and tandem spaces cannot be counted toward meeting minimum parking requirements.) 2. Minimum parking stall dlmensions shall be 9-feet wide by 18-feet long. Vehicles, may hang over landscape areas no more than 2-11/2 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. 6,020 and 17.58.060 A,). 4. Lighting is required' for aA parking lots, except residential lots with four units or less (Section 1i 758,060 A.). illumination shaill be evenly distributed across the parking area wifh light fixtures designed and arranged so that light is directed downward and is reflected away from adjacent properties and streets. Use of glare shield's 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, ligiht standards placed less than 50 feet frorr residentially zoned or designated property, or from exisfing residential development, shall not exceed a height of 15 feet. The final building plans shaE 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 properfies. 5. The developer shall include a copy • 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 • the landscaping requirements in Chapter 17.61)1, 6. Overlooks from windows, balconies, and decks of the 2nd or higiher floor into rear yards of property containing single family homes must be screened (see Section 17.08.090). This condition affects any office, commercial, and industrial building, and any apartment or condominium structure containing three or more units that are within 150 feet of properties zoned 12- 1,12 -S -1 A, MH', oir PUD, or from condominium projects of a single family character. Screening proposals must be approved by the Planning Division before building permits will be issued. Suggested methods for accomplishing screening are included in the attached ordinance section. SPRfi 12-0259 Page 7 of 12 7. A solid masonry wall shall be constructed adjacent to residenfiaily zoned and/or designated property as indicated by staff on the returned site plan. This wall must be shown on the final building plans and shall be constructed a minimum height of 6 feet as measured from the highest adjacent finished property grade. If the parking lot, including drive aisles, delivery areas, loading and unloading areas are within ll 0 feet of residentially zoned property, a 7-foot wide landscape strip that includes landscaping consistent with Chapter 17.61 shall be installed between the wall and parking/drive areas (as noted on the returned plan) . il. Business identification signs are neither considered nor aiggroved 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 Ord�nance (Chapter 17.60 of the Bakersfield Municipal Code.) 9. 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 lmplemien:tation/Managiement 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,bakersfieldgj� (go to Development Services Department). The current Metropolitan Bakersfield Habitat Conservation Plan (MBHC�P) expires in year 2014. Projects may be issued an urban development perm!it, 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 deveiop,ment permit, grading pIan 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 • revised Habitat Conservation Man, 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. 10, 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 (MB,TA) • 1918 (16 U.S.C. 703-711)1. Survey protocol shall be that recommended by the State Department of: Fish and Game. Developers shallbe 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. SPR4 12-0259 Page 8 of 12 The burrowing owl is a migratory bird species protected by 'international treaty under the Migratory Bird Treat Act (MBTA) of 1918 (16 US.C. 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migiratory 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, 3503.5, and 3800 of the Calif )rnia Deocirtment of Fish and Game Code f b,irdstheir nests, • gggs. To avoid violation • the provisions, of these laws generally requires that project related disturbance at active nesting territories • reduced or eliminated during critical phases of the nesting cycle (March I - August 15, annually). Disturbance that causes nest abandonment and/or loss ♦ reproductive effort (e.g., killing or abandonment of eggs or young) may be considered' "taking"" and is potentially punishaUe by fines and/or imprisonment. 11. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for 0 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) expires in year 2014. Projects, may be issued • as development permit, grading plan approval, or building permit and pay fees prior to the 2014 expiration date under the current MBH�CP. As determined b • Bakersfield, only projects ready to be issued an urban development permit, grading plan approval • 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 requ,ired to comply directly with requests • the U.S,. Fish and Wildlife Agency and the California Fish and Game Department. 12. A Park Development and Improvement Fee shall be paid at the time of the building permit being issued. We will base the fee of the rate in effect at the time the permit is issued. The current fee is $1,716 for each independent residential! unit. 13. Refuse collection bin enclosures and container areas are subject • oll required sfructurall setback from street frontages, and shall not reduce any parking, loading or landscaping area • required by the Zoning ordinance. i 14 In the event a p�reviously undocumented OP/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 15,6 6.080 (B). 15. The developer shall meet all regulations of the Son Joaquin Valley Air Pollution Control District (Regulation VIII) concerning dust suppression during construction of the project. Methods include, but are not limited to use of water or chemical SIT# 12-0259 Page 9 o J` 12 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/waishing 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). 1' 6. Prior to receiving final building or site occupancy, you must contact the Planning Division (staiff 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. a. All fire lanes as identified on the returned plans. Any modifications shall be approved by the Fire Department. Fire lane identification signs shall be installed every 100 feet with red curbing when curbing is required. All work shall be compieted before occupancy of any building or portion of any building is allowed, b All fire hydrants, both offsite (nearest to site and oni-sife. 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 Water Resources Department.) C. All fire sprinkler and/or stand pipe systems, fire alarms and commercial hood systems. 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. d. Pro"ect address, including suite number if appiicabIe, If the project is within a shopping or business center, note the name and address of the center. anium MO-1190JO 2. The developer must request an inspection from the Water Resources Department (10100 Buena Vista Road, Bakersfield, CA, Phone: 661-326-3715) for any underground sprinkler feeds at least 24 hours before they are buried. The Prevention Services Division (1501 Truxtun Avenue, Bakersfield CA, Ph. 661/26 - 979j must complete all on-site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. SPR4 12-0259 Page 10 of'12 3. The developer shall show on f he f inal building plans a minimum 20-foot wide all- weather emergency access with an overhead clearance of 13, feet 6 inches within 150 feet of all build'ings on the project site. The Fire Department must approve the final location an•a • of the access prior to building perm!its being issued. This access shall • constructed before building occupancy will be granted. 4. 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 wafer. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. 1. The developer shall install one streetlight along Coffee Road 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 before 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. 2. 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. 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. 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 1'7. .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. 4, If a grading plan is required by the Building Division, building permits will not b— issued until the grading plan is approved • b�qt the Public Works Depiartme and the Building Division. I 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. 6. 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. SPR� 12-0259 Page I I ql'l 2 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 a 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 pay their proportionate share (I /2-width) of the total cost for the landscaped median islIand in Coffee Road along the development's frontage in the amount of $1010 per linear foot. 10. The developer shall form a new maintenance district. 11. All storm water generated on the project site, including the street frontage shall be retained onsife unless otherwise allowed by the Public Works Department (please contact the Public Works Department - Subdivisions at 661-326-3576), 12. 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. 13, This project may be located within a Manned Drainage Area. Please contact the Public Works Department - Subdivisions at 661-326-3576 to determine what fees may apply. fir 1-1-1111TIMIE11 A Street return type approaches, if used, shall have 20-foot minimum radius returns with a 46-foot throat width. 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 9 feet x 18 feet),. I I'��!!� 1� :� 111 ill 7 111111111111 1111111111111111 M—' is CU V SM 12-0259 Page 12 of 12 Division conditions). Levels, of service are based on how often collection occurs as foIlows'. • Cart service I cubic yard/week or less I time per week • Front loader bin services 1;, cubic yard/week - 12 cubic yards/day • Roll-off compactor service More than 12 cubic yards/day 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 s,ite is allowed, twelve 3 cubic yard front loading type refuse bins shall be placed within the required enclosures. ME= M NOTE: All measurements above aire cuirb-to-curb dimensions Inside the enclosiure. 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 co,ntainers/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 ious waste containment purposes. 4. FacHities 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. I � \« §(\ CN r- In uj ./ PO co PO U') LLJ U) I I m .06 //§\ I GVOH 33jj00 MAN oll a. 4 SO 41 I