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HomeMy WebLinkAbout3515 Panama LaneCommunity Development Department Douglas Mdsoac, Community Development Director PNI Bums, Building Director Building Dvision Phone: 1661 326• 3720 FAX: i661) 32-5-0266 flylirom 2740 Calloway Drive, Suite 530 Bakersfield, CA 93312 RE: Notice of Decision - Site Plan Review (Project No. 13-006 1), Dear Mr. Ovanessian: Jim Eggert, PVannfinq 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 for an 18,370 square foot fitness club in a C-2 (Regional Commercial) zone district at 3515 Panama Lane. Your proposal, with corrections as noted, meets the minimum required codes, policies and standards for development as adopted by the Bakersfield City Council, Specific items have been identified (see attached Site Plan Compliance List) that you need to resolve before you can obtain a building permit or be allowed occupancy. These items may include changes or additions that need to be shown on the final building plans, alert you to specific fees, and/or are comments that will help you in complying with the city's development standards. Each item will note when it is to be completed and they have been grouped by department so that you know who to contact if you have questions, Your next step is to either apply for necessary building permits to construct your project, or begin your business activities depending on the request submitted. You must submit final building plans to the Building Division. The Site Plan Review Committee will review these final plans while 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 crec 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. Ci f Bakersfield e 1715 Chester Avenue * Bakersfield, Califomi 3301 SPR4 13-0061 �=l U901 LIO Page 2 o J`11 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 andl 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 &d 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. 111141*1112#1 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, V-111t, &OLT". Approval of this site plan expires on March 7, 2015 (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 approvall. 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 13-0061 0 Page, 3 of I I This site plan review has been found to be exempt from the provisions of the California Environmental Quality Act (C A) according to Section 15332. This project is exempt because it is an infill development that is consistent with the general plan and 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 as noted, include a $700 f ifing fee, and must be filed withini, 10 4M of the decision date to the City of Bakersfield Planning Commission (c/o Bakersfield Planning Director, 1715 Chester Avenue, Bakers�field, CA, 93301)1. The Planning Commission will hold a public hearing on the appeall 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. I rr Sincerely, cc: All Interested Agencies - For your records. rMO S:\BZA-SPR\FormS\SPr dafa\2013 spr\1 3-0061,sprJfr.docx SP,R# 13-0061 Page 4 of I I 5 3 p 't' f 117 , �411 k"' I 1� 111 111"ITITF ff � , Prior to review of improvement plains 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 [NCI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WC 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 as approval. The developer shall submit 4 copies of grading! as and 2 copies of the preliminary soils report to the Building, Division. A f:inall soils report shall also be submitted to the Building Division before they can issue as g permit. Please note that grading plans must be consistent with the final b g site plans and landscaping plans. Building permits will not be issued until the grading permitis approved • 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 as pedestrian access from the public waiy 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. Include with or show on the final building plains information necessary to verify that the project complies with all disability requirements of Title 24 of the California Building Code. ST'Rfi 13-0061 Page 5 of 'I I 7. Buildings or structures shall require installation of an automatic fire sprinkler system where required by current California Building Code and City ordinance. 8. The Building Division will calculate and collect the appropriate school district impact fee at the time they issuyaw s • permit. 9. 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. 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 (10,00 Buena Vista Road, Bakersfield, CA, phone: 661-326-3715), 1. The minimum parking required for this project has been computed based on use and shall be as foHows: rr INI _18121 '0 11 1' ' R1, 1' s- r A Ing I. P IF '� 1117 1 117F47r, @ 7T -9 1 I'WO-L X TUMITT requirements.) 2. Minimum parking stall dimensions shal� be 9-feef wide by 18-feef long. Vehicles may hang over landscape areas no more than 2-1/2 feet provided required setbacks along street f:rontages 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 Square Parking Required Use Footage Ratio Parking Existing Single- tenant retail 22,206 s.f. I space/300 s.f. 74 spaces Multi-tenant retail 29,878 s.f. I space/200 s.f. 149 spaces Drive-thru restaurant 2,593 s.f. I space/75 s.f. 35 spaces Drive-thru lane credit (2 spaces per lane) (2 spaces) Proposed Fitness club 18,370 s.f. I space/300 s.f. 61spaces Total Required- 31'7 space s rr INI _18121 '0 11 1' ' R1, 1' s- r A Ing I. P IF '� 1117 1 117F47r, @ 7T -9 1 I'WO-L X TUMITT requirements.) 2. Minimum parking stall dimensions shal� be 9-feef wide by 18-feef long. Vehicles may hang over landscape areas no more than 2-1/2 feet provided required setbacks along street f:rontages 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 SIT# 13-0061 Page 6 of I I other paved street surfacing material in accordaince with the Bakersfield Municipal Code (Sections 11 5.76.0120 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. 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 include a picture or diagram of the light fixtures being used and show how light willl 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 properfles. 5. Because parking and/or access is being shared with adjacent properties, the developer shall file with the Planning Division before any building permits are issued a copy of a recorded map, C. C. aind R."s, or other instrument that ensures that drive aisles, parking:, and access is legally shared in common with adjoining properties as depicted on the site plan for the life of the project. 6, 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 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). (NOTE: At the time a final site inspection is conducted, it Is expected that plants will match the species Identified and be Installed in the locaitions consistent with the approved landiscape plain. Changes made without prior l3 Me w, I Jy. 'w,i MME 11 e I` I xost'w V M, MV, i M 101FILO"T"Iff"FIT" woml 7. Our records show that the project is contained on more than one parcel. These parcels shall be merged into one parcel because parking must be on the same site as the project (Section 17.58.0 1013 of the B.M.C.), building setbacks cannot be met based ) on the design layout, and/or a parcel line bisects a building. A parcel merger or lot line adjustment application removing or relocating property lines shall be submitted to the Planning Division before building permits can be issued. Recordation of the map shall occur before final building or site occupancy can be granted. If our records are in error and these parcels have been merged, please provide a copy of the parcel map, subdivision map, or certificate of compliance showing the property as one parcel. (Note: An Assessor's mop is not acceptable since it is only for tax purposes and does not ve,rify legal parcel status.) SPR# 13-0061 Page 7 qf 11 8, Business identification signs are neither considered nor g22royed under this review. A separate sign permit reviewed by the Planning and Building Divisions, and issued by the Building Division, is required for all new signs, including future use and construction signs. Signs, must comply with the Sign Ordinance (Chapter 17.60 of the Bakersfield Municipal Code,) 9. Habitat Conservation 'fees shall be required for this project and will be calculated based on the fee in effect at the time we issue an urban development permit (includes grading plan approvals) as defined in the 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 MetropoRan Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). This fee is currently $2,145 per gross acres, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance occurs. Forms and instructions are available at the Planning Division or on the city's web site at www.br,�kersfield u.L (go to Development Services Department). The current Metropolitan 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 MBHCP. Early payment or pre- payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2014 expiration date may be subject to a new 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, 1, 0ti 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 MBTA 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 aliowed by implementing regulations (50 C. F.R. 21 J. Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code ptqbjb± the !akin g, possession, or destruction of birds, their nests or t=. 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. SPR# 13-0061 Page 8 of I I 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 copy of the survey shall be provided to the Planning Department prior to ground disturbance. 12. 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. 13, 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. 14. The developer shall meet all regulations of the Son Joaquin Valley Air Pollution Control District (Regulation V111) 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 11 5 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) . 15. 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 wil�l not be conducted until all required items have been installed, Any deviations from the approved plans withouit prior approval from the Planning Division may result in reconstruction and delays in obtaining a building or site occupancy. • All fire lanes as identified o i the returngd plaas. Any modifications shall be approved by the F�ire Department. F�ire lane identification s�gns shall be installed every 100 feet with red curbing when curbing is required. All work shall be completed before occupancy of any biuilding or portion of any building is allowed. b. AlIl fire hvdrants, both offsite (nearest to site) 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 must be met prior to construction commencing on the project site. Please SPRY 73-0061 Page 9 of 11 provide 2 sets of the engineered water plans, to Dave Weirather. (Note: All new fire hydrants must be purchased from the Water Resources Deportment.), C. All fire sc)rinkler and or stand pi pe systems, fire alarms and commercial hoods 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 Water Resources Department (I O00 Buena 'Vista l Road, Bakersfield, CA, phone: 661-326-3715) for any underground sprinkler feeds at least 24 hours before they are buried. The Prevention Services Division (1 501 Truxtun Avenue, Bakersfield'CA, Ph, 661/326-3979) must complete all on-site inspections, of fire sprinkler systems and fire alarm systems before any buildingi, is occupied. 3. The developer shall show on the final building plans a minimum 20-foot wide all-weather emergency access with an overhead clearance of 13 feet 6 inches within 150 feet of all buildings on the project site, The Fire Department must approve the final location and design of the access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. 4. All access (permanent and temporary), to and around any building under construction must be at least 20 feet wide, contain no vehicle obstruction, and be graded to prevent standing water. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. I I * I I I I I I I I J 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. 2. Show on the final building plans all existing connection(s) to the public sewer system. 3. All on-site areas required to be paved (ie, parking lots, access drives, loading areas, etc.) shall consist of concrete, asphaltic concrete (Type B. A. C.) or other paved street material approved by the City Engineer. Pavement shall be a minimum thickness of 2 inches over 3 inches of approved base material (ie. Class 11 A. B.) if concrete is used, it shall be a minimum thickness of 4 inches per Municipal Code Section 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. 4. 1 a grading plan is required by the Building Division, building permits will not be issued until the grading plan is approved by b2± the Public Works Depart ment and the Building Division. SP R# 13-0061 FA P, qe 10 qj� I I 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. 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. 7. 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, 8. 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'. If there are questions, contact Manny Behl at 661-326-3576. 9. 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). 10. This project may be located within a Planned Sewer Area, Please contact the Public Works Department -Subdivisions at 661 -826 --8576 to determine what fees may apply, 11. 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 time per week Front loader Un services I cubic yard/week - 12 cubic yards/day Roll-off compactor service More than 1 2 cubic yards/day SPR# 13-0061 Page I I of]] 2. Show on the final building plans refuse bin enclosures. Each enclosure shall be designed according to adopted city standard (Detail #S,T25 A and B), at the size checked below R1. Before occupancy of the building or site is allowed, three 3 cubic yard front loading type refuse bin(s) shall be placed' within the required enclosure(s), El 6'deep x 8'wide (I bin) z 8'deep x 15'wide (3 bins) 1-1: 8'deep x I O'wide (2 bins) El 8'deep x 20'wide (4 bins) F Me �1, WIM jqgrq�, 3, Z 141 �11:11111111111111111 I U - 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 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' far infectious waste containment purposes. 4. 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. 5. 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