HomeMy WebLinkAbout5511 Woodmere DrPhR Bums, Building Director
Building Division
Phone: (661 � 326-3720
FAX: (661) 325-0266
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Ruben Mironowski
54010 Woodmere Drive
Bakersfield, CA 93313
RE, Notice of Decision - Site Plan, Review (Project No. 12-0415)
Dear Mr. Mironowski:
J�rn Eggert, Planning Director
Planning DMsbn
Phone: (661) 326-3733
FAX. (661) 852-2136
The Planning Director, upon recommendation of the Site Plan Review Committee,
has approved your plans for a 5,400 square foot warehouse addition in an M-1 (Light
Manufacturing) zone district at 5511 Woodmere Drive.
Your proposal, with corrections as notedl, 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 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 • 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 wH issue a certificate of occupancy; of not, f he area
inspector will give you a correction notice. Once you have made all of the corrections,
the Building Director can issue • certificate of occupancy. You may not occupy a
development until the Building Director has issued a certificate of occupancy.
SPR� 12-0415
Page 2 oj'l I
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 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 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.
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Approval of this site plan expires on November 29, 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 (11) year if you
resubmit new plains 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.
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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 on infill development that is consistent with the general plan and
SHO 12-0415 Page 3 q
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 authoMy 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 $700 filing fee, and must be filed within.10,
doys of the decision date to the City of Bakersfield Planning Commission [c/o Bakersfield
Planniing Director, 1715 Chester Avenue, Bakersfield, &, 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,
JIM EGGERT, Planning Director
cc: A111 Interested Agencues - For your records.
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SPR4 12-0415 Page 4 of 11
Prior to review of improvement plans by the City, the developer shall submit
a grading plan for the proposed site to be reviewed and approved by the
City Engineer and Building Official (Bakersfield Municipal Code Section
16.44.010). With the grading plan, if the project is subject to the provisions of
the National Pollutant Discharge Elimination System (NPDES), a Notice of
Intent (NOI) to comply with the terms of the General Permit to Discharge
Storm Water Associated with Construction Activity (WQ Order No, 99-08-
DWQ) midst 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 p ans and 2 copies of the preliminary soils, report
to the Building Division. A final soil's 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 p ans. Building p rm,its will not be issued until the grading
permit is approved by the Building Division, Planning Division (HCP,), and
Public Works Department,
3. An approved site utilities plan is required prior to final plan approval.
4. Show on the final building plan pedestrian access from the public way and
handicap parking. Private streets are not the public way,
W. 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.
6. Buildings or structures shall require installation of an automatic fire sprinkler
system where required by current California Building Code and City
ordinance.
SIT# 12-0415
-3
7
Page 5 o
The Building Division will calculate andl 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 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,
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 (1 000
Buena Vista Road, Bakersfield, CA, phone., 661-326-3715).
4 I
1 0 Ili: 11
The minimum parking required for this project has been computed based on
use and shall be as follows:
Square
Use Footag
Existing (SPR P98-0021)
Office 1, 00 sq. ft,
Warehouse 6,000 sq. ft.
Proposed
Warehouse 5,400 sq. ft.
Parking Required
Ratio tgLkInS
I space/300 sq. ft. 5 spaces
I space/1,000 sq. ft. 5spaces
I space/ 1,000 sq. ft, maces.
Total' Required: 15spaces
(Note: 16 on-site parking spaces are shown on the proposed site plan. By
ordinance, compact and tandem spaces cannot be counited toward
meeting minimum parking requirements.)
2. Minimum parking staH dimensions shall be 9-feet wide by I B-feet long.
Vehic]es 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 ais�es, loading areas, and other vehicular
access ways, shaH be paved with concrete, asphaltic concrete (A. o.
other paved street surfacing material 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.). 11lumination shaH be evenly distributed across the
parking area with light fixtures designed and arranged so that light is
directed downward and is reflected away from adjacenit properties and
SPR4 11' -14'1 r Page 6 of II
streets. Use of glare shields or baffles may be required for glare reduction or
control of back ligihit. 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 ligiht will be directed onto, the parking
area. Please note that staff can require additional adjustments to installed
lighting after occupancy to resolve glare or other lighting problems if they
negatively affect adjacent properties,
5 The developer shall inducle a copy • a final landscape plan with each se
of the final building plans submiitted to the Building Division. Building permi
will not be issued until the Planning Division has approved the final
landscape plan for consistency with approved site plans and minimum
ordinance standards f please refer to the landscaping requirements in
Chapter
(NOTEI: At the tiP a final site Inspection Is conduicted, it is expected that
plants will ma tch! thie species identified and be installed In the locations
consistent with the approved landscape plan. Changes made without prior
1V
(Note2: Replace any missing trees and rehabilitate any deteriorated
landscaping. The final landscape plan is attached to the approved
construction plans for the existing facility.)
6. 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 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 10 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).
7. Business identification signs are neither considered no, rovedl under I
ding future use and construction signs Signs must comply with the Si
8,. Habitat Conservation fees shall be required for this project and will be
calculated based on the fee in effect of the time we issue an urban
development permit fincludes 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
SPR# 12-0415
Page 7 of'I I
(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,bakersfield it us (go to Development Services
Department),
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP)
expires in year 2014. Projects may be issued an as cleve opment permit,
grading plan approval, or building permit and as 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 as development permit,
grading plan approval or building permit before the 2014 expiration date will
be eligible to pay fees under the current MBHC�P. Early payment or pre-
payment o P fees shall not be allowed, The ability of: the City to issue
urban development permits is governed by the terms of the MBHCP. Urban
4evelopment permits issued after the 2014 expiration date may be subject
to a new or revised Habitat Conservation Plan, 'if approved, or be requlired to
comply directly with requests of the U.S. Fish and Wildlife Agency and the
Colifornia Fish and Game Department,
9. Prior to ground disturbance, the developer shall have a qualified consultant
survey the location for burrowing owls', and comply with the provisions of: the
Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). Survey protocol
shall be that recommended by the State Department of Fish and Game.
Developers shall be subject to the mitigation measuire recommended by the
consultant. A copy of: the survey shall be provided to the Planning
Department prior to ground disturbance.
The burrowing owl is a migratory bird species protected by international
treaty under the Migratory Bird Treat Act (MBTA) of 1918 (16 U.S.C. 703-711),
The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter
any migratory bird listed in 50 C.F.R. Part 10 in6uding 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 California
nig-IDLepartment of
Fish and Game Qode prohibit takin �oss�ession� ird
Jt!L� or destruction of bs,
their nests or eaas. To avoid violation of the provisions of these laws
generally requires that project related disturbance at active nesting
territories be reduced or eliminated during critical phases of the nesting
cycle (March 1- August 15, annually. Disturbance that causes nest
abandonment and/or loss of reproductive effort (e.g., killing or
abandonment of eggs or young) may be considered "taking" and is
potentially punishable by fines and/or imprisonment.
10. Prior to ground disturbance, the developer shall have a qualified consuJant
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
SPRIi 12-0415
Page 8 vi' l /
copy of the survey shall be provided to the Planning Department prior to
ground disturbance.
The ' current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP)
expiires in year 2014. Projects may be issued an urban development permit,
grading as 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 • building permit, before the 2014 expiration date,
wil�l be eligible to pay fees under the cuirrent 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.
M. Rooftop areas of commercial buildings (e.g., office, retail, restaurant,
assembly, hotel, hospital, church, school), and industrial buildings adjacent
to residentially zoned properties, shall be completely screened by parapets
or other finished architectural features constructed to a height of the highest
equipment, unfinished structural element or unfinished architectural feature
of the building.
12. Open storage of: materials and e air u;ipment shall be surrounded and
screened with a solid wall or fence (screening also applies to gates):. This
fence shall be • least 6 feet in height and materials shall not be stacked
above the height of the fence. (Notei: Fences taller than 6 feet are allowed
in commercial and industrial zones but they will require • b ding permit).
13. 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)
14. Refuse collection bin, enclosures and container areas are subject to all
required structural setback from street frontagesi, and shall not reduce any
parking, loading or landscaping areas as required by the Zoning Ordinance,
115. In the event a previously undocumented oll/gas well' is uncovered or
discovered on the project, f he developer is responsible to contact f he
Department of Conservaflon's DMsion of O and Geothermal
Resources (DOGGR). The developer is responsible for any remedial
operations on the well required by DOGGR. The developer shall also be
subject to provisions, of BMC Section 15.66.0801
I& The developer shall meet all regulations of the San Joaquin Valley Air
Pollution Control District (Regulation Vlll), 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
SPR�, 12-0415 Page 9 qJ'I I
streets to minimize carryout/track out; and cease grading and earth moving
during periods of high winds (20 mph or more),
17. 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. lnspections 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.
C. FIRE DEPARTMENT (Sitaff contact - Dave WeIrather 66,1 -326-3706)
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 existin • cross roadways. Emergency vehicle
access must always be reliable.
I IRVIIF�!Mfi; MIIII�pq�g
lf a grading plan is, required by the Building Division, building permits will not
'o,e issued until the grading planis approved by both the Public Works
#epartment and the Building Division.
2. if the project generates industrial waste, it shall be subject to the
requirements of the lndustrial 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.
3. 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,
4. 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.
5. 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 of the time a building permit is
issued.
& 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
SkRfi 12-0415 Page 10 qf / I
calculate an estimate of the total fee when you submit construction plans
for the project.
7. The developer shall form a new maintenance district. Undeveloped parcels
with an existing Maintenance District are required to update Maintenance
District documents. Updated! documents, including Proposition 2118 Ballot
and Covenant, shall be signed and notarized.
8. 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- 26- 3576).
9. 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,
M 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.
Cart service I cubic yard/week or less I firne 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. Shiow on the final building plans refuse bin enc�osures. Each enclosure shall
be designed according to adopted city standard (Detail #ST25 A and B), at
the size checked below RL Before occupancy of the building or s4e is
allowed, two 3 cubic yard' front loading type refuse binfs) shall be placed
within the required enclosuire(s).
0 6'deep x 8'wide (1 bin) 0 8'deep x 15" wide (3 bins)
0 8'deep x I O'wide (2 bins) 0 8'deep x 20'wide (4 bins)
i",�OTE: All measurements above are cuirb-to-curb dimensions inside the
enclosure. If both refuse and recycling containers are to be combined in
the some enclosure area, thiis area must be expanded in size to
accommodate m�ultiple containers/bins (contact the staff person above for
the appropriate enclosure size).
SPRP 12-0415
Page 11 OJI]
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. FaciRies that require grease containment must provide a storage location
that is separate from the refuse, loin location. This shall be shown on the final
building plans.
5. Facilities that participate in recycNng operations must provide a location that
is separate from the refuse containment area.
Facilities with existing refuse service midst improve the service location
area(s) to current adopted city standards (in accordance with Defoll #ST
A and B). These improvements, shall be clearly shown on the final building
plans. Details of the existing refuse enclosure must be shown on the final
plans.
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