HomeMy WebLinkAbout1812 Union Ave.Community Development Department
Douglas Mcisaac, Community Development Director
Phil Burns, Building DIredor
BuOding Division
Phone: (661) 326.3720
FAX: (661) 325-0266
Mel Cruz
3800 Kilrov,
Long Beach, CA 90,806
RE: Notice of Decision - Site Plan Review (Project No, 12-0218)
Dear Mr. Cruz:
Jim Eggert, Planning Director
Planning Division
Phone: (661) 326-3733
FAX: (661) 852-2136
The Planning Director, upon recommendation of the Site Plan Review Committee, has
approved your plans to construct a 3,840 square foot drive - through restaurant in a C-2
(Regional Commercial), zone district at 1812 Union Avenue.
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 p,lans, 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 comipleted 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.
SPR4 12-0218
Page 2 of 9
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, departmen,ts,
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.
Any time after site plain 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,
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Approval of this site plan expires on October 25, 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 oine ( 1 ) year if you resubmit
new plans for check against the code requirements in effect at that time and include a
written request for the extension, We must receive this request before expiration of the project
approval. We will not require a fee for this extension, request; however, changes to the plans
originally approved for purposes other than code requirements shall be subject to a new site
plan review, including payment of all required fees.
SPR4 12-0218
Page 3 of'9
This site plan review has been found to be exempt from the provisions of the California
Environmental Qualify Act (CEQA) according to Section 15303(b). This project is exempt
because it is the replacement of a commercial structure with a new structure of substantially
the same size, purpose and capacity. 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 • not •
adopted development standard, zoning regulation, mitigation, or policy a�pplied 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, inc1lude a $700 filing fee, and must be f'iIed within 10 days of f he
decision date to the City of Bakersfie�d Ranning Commission (c/o Bakersfield Manning
Director, 1715 Chester Avenue, Bakersfield, CA, 93301). The Planning Commission will hold a
public hearing on the appeal and their decision wW be final unless their decision is appealed
to the C�ity 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 l 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: October 26, 20 12
Sincerely,
cc: All Interested Agencie es — For your records.
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SPR4 12-0218
Page 4 qf 9
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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 (NP,DES), 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,
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 Divisioin, 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.
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4. Include with or show on the final building plans information necessary to verify
that the project complies with all disability requirements of Title 24 of the
California Building Code.
5. The developer shall obtain all requ,ired approvals from the Kern County
Environmental Health Services Department (2700 "M" Street, Bakersfield, CA.,
9330 1; PH 661-862-8700) for any food handling facility (ie, market, delicatesise
caf6, concession, restaurant) before building permits can be issued. I
6. Buildings or structures shall require installation of an automatic fire sprinkler system
where required by current California Building code and City ordinance.
12-0218 Page 5 of 9
7. The Building Division will calculate and collect the appropriate school district
impact fee at the time they issue a building permit.
8. Final Building plans shall show pedestrian access pathways or easements for
persons with disabilities from public tights -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.
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 (1 00 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 Footage Ratio Parkin
Fast-food Restaurant 3,840 sq. ft. I space/75 sq. ft, 51 spaces
Drive -throe h credit windows s aces wiridaw 4 s ales
Total Required: 47 spaces
(Note: 48 parking spaces are shown on the proposed site plan. By ordinance,
compact and tandem spaces cannot be counted toward meeting miniimum
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.
3. All parking lots, d(Neways, drive aisles, loading areas, and another vehicular
access ways, sha�ll be paved with concrete, asphaltic concrete (A. C.), or other
paved street surfacing material in accordance with the Bakersfield Municipal
Code (Sections 15.76,020 and 17.58.060 A,)i
4. Lighting is required for all parking lots, except residential lots with four units or less
(Section 17. 8.060 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
SM 12-0218 Page 6 of'9
5. The developer shall include a copy of a final landscape plan, with each set of
the final building plans submitted to the Building DMsion. 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 landscaping requirements in Chapter 17.61).
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the approved landscape plan. Changes made without prior approval' of the
Planning staff may result In the removal and/or relocation of Installed plant
materials and delays In obtaining building occupancy.)
& Business identification signs are neither considered nor app, roved under f his
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
r! i construction signs. Signs must comply with the Sign Ordinance (Chapter
17.60 of the Bakersfield Municipal Code.)
7. 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.
8. 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.
9. 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).
1' 0. Prior to receiving final 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 plains without prior approval from the
Planning Division may result in reconstruction: and delays in obtaining a building
or site occupancy.
SPR412-0218 Page 7 of 9
I 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,
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The developer shall construct standard handicap ramps at the northwest and
southwest corners of the subject property 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 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 (le. Class
Il 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.
aC If a grading planis required by the Building Division, build�ing permits will not bi
mued until the grading plan is approved by bp1ft the Pubilic Works Departme
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 deportment at the
time you apply for this permit.
VRfi 12-0218
Page 8 of 9
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.
M The developer shall form a new maintenance district,
11. All storm water generated on the project site, including the street frontage shall
be retained onisite 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 Planned Drainage Area. Please contact
the Public Works Department - Subdivisions at 661-326-3576 to determine what
fees may apply.
14. All work performed along Union Avenue in the Caltrans right-of-way must be
approved and permitted by Caltrans. Developer shall indicate on the final plans
that such permit is pending, and prior to the issuance of a permit, the developer
shall obtain all necessary Coltrons permits.
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Show • the final it plans 36 -foot and 38 -foot wide (top-toi-top) drive
approaches, as indicated by staff on the returned site plan. Drive approach
must be centered on drive aisles. All dimensions shall be shown on the final
building plans. I
2. Street return type approaches, if used, shall have 20-foot minimum radius returns
with a 36-foot throat width. All dimensions shall be shown on the final building
plans.
3. Two-way drive aisles shall be a minimum width of 24 feet. lf perpendicular (9011)
parking spaces are proposed where a vehicle must back into these aisles, the
minimum, aisle width shall be 25 feet. Ali drive aisle dimension shall be shown on
the final building plans.
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SPR'# 12-02'18 Page 9 of 9
generated without violating required zoning or setback restrictions (see Planning
Division conditions). Levels of service are based on how often collection occurs
as follows:
• Cart service -- I cubic yard/week or less I time per week
• 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 B), at the size
checked below 121, Before occupancy of the building or site is allowed'® three 3-
cubic yard front loading type refuse bins shall be placed within the required
enclosure.
El 6'deep x 8'wide (1 bin) 0 8'deep x 15widle (3 bins)
El 8" deep x 10' wide (2 bins) F1 8'deep x 20'wide (4 bins)
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 staff person above for the appropriate
enclosure size).
3. 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.
4. Facilities that participate in recycling operations must provide a location that is
separate from the refuse containment area.
5, Facilities with existing refuse service must improve the service location area(s) to
current adopted city standard's (in accordance with Detail #ST25 A and B).
These improvements shall be clearly shown on the final building plans,
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