HomeMy WebLinkAbout422 Oak StCommunity Development Department
Douglas Mclsaac, Community Development Director
Phil Burns, BuRding Director
Building Division
Phone, (661) 326-3720
FAX: (661) 325-0266
OM Management & Business Association
824 18trl Street
Bakersfield, CA 93301
RE: Notice of Decision - Site Plan Review (Project No. 12-0314)
To Whom It May Concern:
Jim Eggert, Planning Director
Pianning Division
Phone: (66T) 326-3733
FAX: 1661) 852-2136
The Planning Director, upon recommendation of the Site Plan Review Committee,
has approved your plans for construction of a 9,9010 square foot medical office building in
C-2 (Regiional Commercial) and R-3-P (Multiple-FamHy Dwelling/Automobile Parking) zone
districts, at 422 Oak Street.
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 plains 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 theme 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 ailow 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.
SPR# 12-0314
Page 2 qf 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 aUl
liability, claims, actions, causes of actions or demands whatsoever against them, or any of
them, before administrative or judicial tribunal's 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 sale active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any
decision by the City related to this project and the obligations of this condition apply
regardless of whether any other permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action, or proceeding,
failing under this condition within thirty (30) days of actually receiving such claim. The City,
in its sole discretion, shall be allowed to choose the attorney or outside low firm to defend
the City at the sole cost and expense of the Applicant and the City is not obligated to use
any law firm or attorney chosen by another entity or party.
Any time after site plan approvaI 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 conclition,
mitigation, or result from physical obstacles or other comparable constraints.
Approval of this site plan expires on October 17, 2014 (2 years from the decision
date), unless building permits have been issued, or on projects not requiring a building
permit, the use has commenced. The project must be completed within 5 years from the
decision date, If the property is rezoned, site plan approval will expire upon the effective
date for the rezoning unless the use is permitted in the new zone.
The Planning Director may extend the expiration date up to one (1) year if you
resubmit new plans for check against the code requirements in effect at that time and
include a written request for the extension. We must receive this request before expiration
of the project approval. We will not require a fee for this extension request; however,
changes to the plans originally approved for purposes other than code requirements shall
be subject to a new site plan review, including payment of all required fees.
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 infM development that is consistent with the general plan and
SPR4 12-0314 Page 3 q1'12
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 decision. An appeal is limited to whether or not an
adopted development standard, zoning regulation, mitigation, or policy applied or not
applied to the project, was done consistent with the authority granted by city ordinances
or the California Environmental Quality Act (CEQA). The appeal must be in writing stating
the precise basis or issue cis noted, include a $700 filing fee, and must be filed within 10
AM 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 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,.
Sincerely,
cc: All Interested Agencies - For your recordls.
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SPRU 12-0314 Page 4'of'12
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Prior to review of improvement plans by the City, the developer shall submit
a g,rading plan for the proposed site to be reviewed and approved by the
City Engineer and Building Official (Bakersfield Municipal Code Section
16,44V 0). With the grading plan, if the project is subject to the provisions of
the National Pollutant Discharge Elimination System (NPDES), a Notice of
Intent (NOl) 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.
A grading permit is required prior to final plan approval. The developer shall
submit 4 copies of girading 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 issu-a• s as permit. Please note that
grading plans must be consistent with the final building site plans and
landscaping plains. Building permits will not be issued until the grading
permitis approved by the BuIilding Division, Planning Division (HCP), and
Public Works Department,
3. An approved site utilities plan is required prior to final plan approval.
4. Show on, f hie 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.
SIIR# 12-0314
7
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Page 5 of 12
Buildings or structures shall require installation 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.
9. Final Building plans shalli 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.
10, 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).
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The minimum parking required for this project has been computed based on
use and shall be as follows:
Square Parking Required
Use Footage Ratio Parkina
Medical Office 9,900 sq�, ft" I space/200 sq. ft. 50spaces
(Note: 50 parking spaces are shown on the proposed site plan. By
#rdinance, compact and tandem spaces cannot • counted toward
meeting minimum parking requirements,)
2. Minimum, parking stall dimensions shall be 9-feet 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.
& All parking lots, driveways, drive aisles,, loading areas, and other vehicular
access ways, shall be paved with concrete, asphaltic concrete
other paved street surfacing mate(bl in accordance with the Bakersfield
Municipal Code (Sections 15.76.020 and 17.58.060 A.),
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. Ulse of glare shields or baffles may be required for glare, reduction, or
control of back light. No Ilght poles, standards and fixtures, including bases
or pedestals, shall exceed a height of 40 feet above grade. (However, light
SPR# 12-0314 Page 6 of'12
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. Because off site parking, and /or off site access to the project is being
proposed, the developer shall file with the Planning Division before any
building permits are issued, a copy of a recorded lease, C. C. and R.'s, or
other instrument that ensures that the offsite parking and/or legal access
proposed for this project is available for its actual lifetime.
6. 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 ref'er to the landscaping requirements in
Chapter 17.61).
(NOTE: At the Hme 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 without prior
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A solid masonry wall shall be constructed adjacent to residentially zoned
and/or designated property as indicated by staff on the returned site plan.
This walll must be shown on the final building plans and shall be constructed
property grade, If the parking lot, including drive aisles, delivery areas,
loading and unloading areas are within 10 feet of residentially zoned
property, a 7-f'oot wide landscape strip that includes landscaping consistent
with Chapter 17.61 shall be installed between the wall and parkinig/drive
areas (as noted on the returned plan).
8. Business identification signs are neither considered nor approved under this
review. A separate sign permit reviewed • the Planning and Building
Dlivisions 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 • 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
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
SPRY 12-6314
Page 7 qJ'12
currently $2,145 per gross acres, payable to the City of Bakersfield (submit to
the Ranning 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 afA/,ww,bake�rsfiel dcaty.,,., � (go to Development Services
Department).
The current Metropolitan Bakersfie�d 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 • the City •
Bakersfield, only projects ready to be issued an urban development permiit,
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 abiility of the; C�ity to issue
urban development permits is governed by the terms of the MBHCP, Urban
development permits issued after the 20,14 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.
10, Prior to ground disturbance, the developer shall have a qualified consultant
survey the location for burrowing oiwls, and comply with the provisions of the
Migratory Bird Treaty Act (MBTA), • 1918 (16 U�.S.C, 70�3-71 1). Survey protocol
shall be that recommended • the State Department • Fish and Game.
Developers shall be subject to the mitigation measure recommended by the
consultant. A copy • the survey shall be provided to the Planning
Department prior to ground disturbance.
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their nests
• eggs. 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 • the nesting
cycle (March I - August 15, annually). Disturbance that causes nest
abandonment and/or loss of reproductive effort (e.g., ki'lling or
abandonment of eggs or young) may be considered "taking" and is
potentially punishable • fines and/or imprisonment.
11. 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
SPR4 12-0314 Page 8 of 12
--opy of the survey shall be provided to the Planning Department prior t,&
,*round disturbance.
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP)
expires in year 2014. Projects may beissued 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, onily projects ready to be issued an urban development permit,
grading plan approval or building permit, before the 2014 expiration date,
will be eligible to pay fees under the current MBHCP. Urban: development—
permits issued after the 20,14 expiration date may be subject to a new or
revised Habitat Conservation Plan, if approved, or be required to comp,ly
directly with requests, of the U.S. Fish and WildIife Agency and the California
Fish and Game Department.
12. Rooftop areas of commercial buildings (e.g., office, retail, restaurant,
assembly, hotel, hospitaI, 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.
13, Refuse collection bin enclosures and container areas are subject to aIl
required structural setback from street frontages, and shall not reduce any
parking, loading or landscaping areas as required by the Zoning Ordinance.
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 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 gradiing 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
Planningi, 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,
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a, All fire h rants�loth offsite (nearest to site J 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 r-nust
SPR 12-0314 Page 9 of 12
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. 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 ditches and barriers exist in or cross roadways. Emergency vehicle
access must always be reliable.
3. If you handle hazardous materials or hazardous waste on the site, the
Prevention Services Division may require a hazardous material management
and/or risk management plan before you can begin operations. Please
contact them at 661-326-3979 for further information.
4. If you treat hazardous waste on the site, the Prevention Services Division may
require a hazardous waste "Tiered" permit before you can begin operations.
Please contact them at 661- 326 -3979 for further information.
5. If you store hazardous materials on the site in either an underground or a
permanent aboveground storage tank, a permit from the Prevention
Services Division is required to install and operate these tanks. The
Prevention Services, Division may also require a Spill Prevention Control and
Countermeasure Plan for storage of petroleum products above ground in
quantities of 1,320 gallons or more. Please contact them at 661-326-3979 for
further information.
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The developer shalll install one streetlight along Oak Street 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. Ali 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,)i 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 ]'I A. B,) if concrete is used, it shall be a minimum thickness of 4
inches per Municipal Code Section 17.58.0601, 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.
SPR4 12-0314
Page 10 of 12
4. If a grading plan is required by the Building Division, building permits will riot
be issued until the grading plan is, approved by both the Public Works
Department and the Building Division.
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 661-326-3249.
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 will base this fee at the rate in effect at the time a building permit is
issued.
9. 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.
10. The developer shall either construct the equivalent full width landscaped
median island in Oak Street along the development's frontage or pay their
proportionate share (I /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,
12. The developer shall dedicate additional road right-of-way to the City of
Bakersfield along Oak Street to full arterial street width according to
adopted ) city standards.
SPR4 12-03'14
[14
Page 11 of 12
The developer shall construct additional roadway, including expanded
intersection, and/or right turn lanes, along Oak Street to full arterial street
width according to adopted city standards,
13. 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).
14. This project may be located within o Planned Sewer Area. Please contact
the Public Works Department - Subdivisions at 661' - 826 -3576 to determine
what fees may apply.
15. This project may • located within a Manned Dra •• ,e Area. Please
contact the Public Works Department - Subdivisions at 661-326-3576 f#
cletermine what fees may apply.
Show • the final building plans minimum 31 -foot and 36 -foot wide (top-to-
top) drive approaches as indicated by staff on the returned site plan. Drive
approaches must be centered on drive aisles. All dimensions shall be shown
• the final building plans,
Two-way drive aisles shall be a minirnum width of 24 feet. lf perpendicular -
(900) parking spaces are proposed where • 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),
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• Front loader bin services I 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 3), at
the size checked below 0. Before occupancy of the building or site is
RW 12-03,14
Page 12 ql'12
allowed, three 3 cubic yard front loading type refuse bin(s) shall be placed
within the required enclosure(s).
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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 /bon (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 girease 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.
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