HomeMy WebLinkAbout601 Tollhouse DrivePhil Burns,, Building Director
Building Division
Phone: (6,61 ) 326,3720,
FA (661), 325-0266
February 22, 2013
Jose Eduardo Salmeron
7313 Calle Los Batiquitos
Bakersfield, CA 933019,-4296
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RE: Notice of Decision - Site Plan Review (Project No, 1 -0053)
Dear Mr. Sal,meron:
Jim Eggert, Planning i Director
Planning Division,
Phone., (661) 326,3733
FAX: (66113,52 -2.136
The Planning Director, upon, recommendation of the Site Plan Review Committee,
has approved your plans for 3 dwelling units in an R-2 (Limited Mul:tiple-Family Dwelling)
zone district at 601 Tollhouse Drive.
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 obtaiin 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 builldling 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 comimencing, 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 codles. Ilf you have satisfied Gill of the
requirements, the Building Director will issue a certificate of occupancy; of not, the area
inspector wily 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.
City of Bakersfield * 1715 Chester Avenue * Bakersfield, California • 93301
SM 13-0053
Pckqe 2q00
In consideration by the City of Bakersfield for land use entitlements, including but
not limited to related environmental approvals related to or arising i: from this project, the
applicant, and/or properfy owner andl /or subdivider ("Applicant" herein) agrees to
indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents,
employees, departments, commissioners and 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 jud1cial tribunals of any kind whafsoever, in any way arising
from, the terms and provisions of this application, including without limitation any CE QA
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 prom,ptlly notify Applicant of any such ciaim, ac4on, or proceeding,
failing under this condition within, thirty (30) days of actually receiving such c8aim. The City,
in its sole discretion, shall be allowed to choose the attorney or outside low firm to defend
the City at the sole cast and expense of the Applicant and the City is not obligated to use
any law firm or attorney chosen: by another entity or party.
KIFUT
. .......... ....... .. .
Any time after site plan approval but before the approval expires you, may submit
revisions to the plain. 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.
I
Approval of this site plan expires on February 21, 2015 (2 years from the decision
date),, unless building permits have been issued, or on projects not requiring a building
perm:it, 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 wiH 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 Qualify Act (CEQA) according to Section 15332. This project is
exempt because it is an infill development that is consistent with the general plan and
SPRP 13-0053 Page 3 qf'10
zoning regulations, is within an area predominantly developed with urban uses, is not
identified as crificcll 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 Envjronmental Quality Act (CEQA)l. The appeal must be in writing stating
the precise basis or issue as noted, include a $700 filing fee, and must be filed within 101
4gys 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 fist
and/or void this decisioni, if you have quiestions, about any of the items noted in the Site
Plan, Compliance List, you must speak to the contact person representing the department
requiring that item. If you have other questions regarding: general information about the
site plan review process, please contact the Planning Division at (661) 326-3733.
DECISION DATE: February 22, 2013
cc: All hterested Agencies For yourr records.
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S:\BZA SPR\Forms\spr�-data\2013spr\13-0053,spr,ltr,doc
SPR�i 13-0053 N�s�e 4 q�')O
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-
ii 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)1 be prepared, continuously carried out, and always be available for
public inspection during normal construction hours.
2. A grading permit is required prior to final plan approval. The developer shall
submit 4 copies of grading plans and 2 copies of the preliminary soils report
to the Building Division. A final soils report shall also, be submitted to the
Building Division! before they can issue a building permit. Please note that
I
grading plans must be consistent with the final building site plains and
landscaping plans. Building permits will not be issued until the grading
permit is approved by the Building l ivision, Planning Division (H'CP), arid
Public Works, Department,
S. An approved site utilities plan is required prior to final plan approval.
4. Show on the final building plan how and where water will be drained from
the property.
S. Show on the final building plan pedestrian access from the public way and
handicap parking. Private streets are not the publiic way.
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.
An acoustical consultant, approved by the Building Division, shall be
contacted to prepare and include with the final: building! plans, measure that
mitigate noise exposures for all buildings oin the project site that are subject
SIT'i 13-0053 Page 5 ol'10
to noise levels of 65 db or greater as delineated by the CNEE contour maps
of the city, These implementation mieasures, shall comply with the
requirements of Title 24 of the California Building Code.
B. Buildings or structures shall require installation of an automatic fire sprinkler
system where reqiulired by current California Builicling Code and City,
ordinance.
9. Before the Building: Division can allow occupancy of this apartment
complex, they must inspect and approve the placement and colors of the
address numbers identifying each unit and/'or building, and on-site
building/unit location maps so that emergency personnel can ealsily find a
specific unit when responding to the site during an emergency.
10. The Building Division will calculate and collect the appropriate school district
Impact fee of the time they issue a building permit.
I I 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.
12. Prior to granting occupancy, the Buiilldjngi Division will verify that a water
meter serving the development is in place. Therefore, It is recommended
that the developer contact the applicable wafer 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).
The minimium, parking required for this project has been computed based on
use and shall be as follows:
Number Parking Required
U' a Of Units Ratio Parking
Dwelling units 3 unifs 2 spaces/unit 6 spaces
(Note: 6 parking spaces are shown on the proposed site plan,. By
ordinance, compact and tandem spaces cannot be counted toward
meeting rninimum, parking requirements.)
2. Minimum parking stall dimensions shall be 9-feet wide by 1 8-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 other vehicular
access ways, shall be paved with concrete, asphaltic concrete (A. C.), or
SPRP 13-0053 Page 6 qt 10
other paved street surfacing material in accordance with the Bakersfield!,
Municipal Code (Sections 15.76.020 and 17,58.060 A,).
4. The developer shall include a copy of a final landscape plan with each set
of the final building plans submitted to the Building Division, Building permits
will not be issued uln;til 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 17.6 1) .
(NOTE: At the time a final site inspection is conducted, it is expected that
plants will match the species identified and be installed lin the locations
consistent with the approved landscape plan. Changes made without prior
i
approval of the Planning staff may result in the removal and/or relocation; of
installed plant materials and delays in obtaining biuilding occupaincy.)i
5 A solid masonry wall shall be constructed adjacent to residentially zoned
and/or designated property as indicated by staff or) 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 u inloadlingi areas are within, 10 feet of residentially zoned
property, a 7-foot wide landscape strip that includes landscaping: consistent
with Chapter 17.611 shall be installed between the wall and parking/drive
areas (as, noted on the returned plan).
6. Evidence is required to determine that your parcel wars legally created.
Please provide a copy of a parcel map, tract map, or certificate of
compliance, (Note: An Assessor's map is not acceptable since it is only for
tax purposes and does not verify legal parcel status.) if a map is not
available, a copy of a deed that includes the parcel's current legal
description dated March 4, 1972, or earlier is acceptable; however, you wfill
be required to apply, for a Certificate of Compliance before a building
permit can be issued (please contact the Public Works, Department at 661 -
6 -3566 regard'ng this app[icatloni).
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/Managemenf Agreement (Section 2.21) for the
Metropolifain Bakersfield Habitat Conservation Plan, Upon payment of the
fee, the applicant will receive acknowledgment of compliance with
Metropolitan Bakersfield Habitat Conservation Han
(Implementation/Management Agreement Section 3.1.4). This fee is
curren-fily $2,145 per gross acres, payable to the City of Bakersfield (submit to
the Planning Div[sion) . This fee must be paid before any grading or of heir site
disturbance occurs,
Forms and instructions are available at the Planning Division or on the city's
web site at vvww,bakeir5[ie1d�,-,J[ ,i,, s (go to Development Services
... .. .. ............. ........
Department),
SIIRJ� 13-0053 7 ol" J 0
The current,! etropolitan Bakersfield Habitat Conservation, Plan (MBHCP)
expires in year 2014. Projects may be issued an urban development permit,
grading plan approval, or building permit and pay fees prior to the 2014
expiration date under the current MBHCP. As determined by the City of
Bakersfield, only projects ready to be issued an urban development permit,
grading plan approval or building permit before the 2014 expiration date will
be eligible to pay fees under the current MB,H:CP. Early payment or pre-
payment of MBHCP fees shall not be allowed. The ability of the City to Issue
urban development permits is governed by the terms of the MBHCP. Urban
development permits issued after the 2014 expiration date may be subject
to a new or revised Habitat Conservation Plan, if approved, or be required to
comply directly with requests of the U.S. Fish and Wildlife Agency and the
California Fish and Game Department,
8. Burrowing Owl Notification. The burrowing owl is a migratory bird species
protected by international treaty under the Migratory Bird Treaty Act (MBTA)
of 1918 (16 U,S.C. 703-711). The MB�TA makes it unlawful to take, possess, buy,
sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10 including
feathers or other parts, nests, eggs, or products, except as allowed by
implementing regulations (50 C.F,R. 21), Sections 3503, 3503.5, and 3800 of
the .California Department of Fish and Game Code prohibit the Lakin j,
po session,gr destruction of birds, their nests or gc g s. To avoid violation of
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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 I- 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
"faking" and is potentially punishable by fines and/or imprisonment.
9. Prior to ground disturbance, the developer shall have a qualified consultant
survey the location for kit fox, and comply with the provisions of the
Metropolitan Bakersfield Habitat Conservation Nan, 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,
101. A Park Development and Improvement Fee shalll be paid at the time of the
building permit being issued. We will base the fee at the rate in effect at the
time the permit is issued. The current fee is $1,716 for each independent
residential unit,
I]. 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,
12, 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 controi dust emission from
S11W 13-0053 page 8 0J, 10
disturbed area, stock piles, and access ways; covering or wetting materials
that are transported off-site; limit construction-related speed to 15 mph on aill
unpaved areas/washing of construction vehicles, before they enter publlic
streets to minimize carryout/track out-, and cease grading and earth moving
during periods of high winds (20 mph or more).
13. Prior to receiving finail building or site occupancy, you must contact the
Planning Division (staff contact noted above) for final inspection and
approval of the landscaping, parking lot, lighting and other related site
improvements. Inspections will not be conducted until all required items
have been installed. Any deviations from the approved plans withoult prior
approval from the Planning Division may result in reconstruction and delays
in obtaining a buildings or site occupancy.
II -
a. All fire hydrants, both off site -Lri.earest to site) and on-site. Include flow
data on all hydrants. Hydraints 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.)
b. All fire sprinkleLandLor stand fire alarms, and! commercial
Lpir),e systemsf-
hood � stems, 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.
2. The developer must request an inspection from the Wafer Resources
Department (d gds Buena Vistai Road, Bakersfield, CA, phone: 661-326-3715)
for any underground sprinkler feeds at least 24 hours before they are buried.
The Prevention Services Division (1Sgt Truixtun Avenue, Bakersfield CA, Ph.
661/326-3979) miulst complete all on-site inspections of fire sprinkler systems
and fire alarm systems before any building is occupied.
3. 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 stand°ng water. Barricades must be in place
where ditches and barriers exist in or cross roadways, Emergency vehicle
access must always be reliable.
The developer shall: construct curbs, gutters, cross, gutters, 5-foot 6-inch wide
sidewalks, and street /alley paving along Ohio Drive and Tollhouse Drive
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.
SIJR�-, 134")053
Page 9 (?f' I0
2. The developer shall install one (1) streetilight along T611house Drive 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,
1 The dievelloper shall construct standard handicap ramps at the southeast
corner of Ohio Drive and Tollhouse Drive 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,
4. 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.
5. 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 shaill
be a minimum thickness of 2 inches over 3 inches of approved base material
ii Class III 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 finale building plains submitted to the Building
Division before any building perimits will be issued.
6. If a grading plan is required by the Building Division, building permits, will not
be issued until the grading plan, is approved by both the Public Works
Department and the Building Division.
7. 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 6614326-3049 to schedule a site inspection to
find out what improvements may be required.
B. 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.
9. 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.
10, 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 estimalte of the total fee when you submit construction plains
for the project.
SPRY� 13-0053
Page 10 oj- 10
11. The developer shall form a new Maintenance District, Undeveloped parcels
within an existing Maintenance District are required to update Maintenance
District documents. Updated documents, including Proposition 218, Ballot
and Covenant, shall be signed and notarized. Contact Manny Bahl' at 661', -
526- -3.76 for information,,
12. All storm water generated on the project site, includinq the street frontage
shall be retained on!site unless otherwise allowed by the Public Works
Department (please contact the Public Works Depart ment - Subdivisions at
66114326-3576).
13, 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,
14. 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.
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You must, contact the staff person noted above before building perm,its can
be issued or work begins can the property to establish the level and type of
service, necessary for the collection of refuse and car recycled materials.
Collection locations must provide enough containment area for the refuse
that is 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 1 cubic yard/week - l 2 cubic yards/day
Rolla -off compactor service More than 12 cubic yards/day
2. Facilities, that require infectious waste services shall obtain approval for
separate infectious waste storage areas from the Kern County Health
Department. un no instances shall the refuse bin area be used for infectious
waste containment purposes.
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. Residential properties with three (3) units or (less will be serviced with
automated carts. Every dwelling unit must have its own cart and no more
than three (3) carts will be allowed for each parcel. For each unit, a
screened 3' x 3' concrete refuse cart storage pad must be provided for
carts when they are not oust for collection (this area shall be clearly shown on
the final building plans) . The Solid Waste Division wiH determine where
service collection will occur (street curbside or alley).
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