HomeMy WebLinkAbout1100 Sumner StreetCommunity Development Department
Douglas Mc�saac, Community Developrnent Director
Phfl Burns, Buflding D rector
Building DMslon
Phone: (661) 326-3720
FAX: 1661) 325-0266
March 21, 2013
Khy Lim
10601 Clancey Avenue
Downey, CA 90241
RE: Notice of Decision - Site Plan Review (Project No, 13-0071)
Dear Mr. Lim:
Jirn Eggerl�, Ranning Urector
�Planning Diivisbn
Phone: (661) 326-3733
FAX: (661) 852-2136
The Planning Director, upon, recommendation of the Site Plan Review Committee,
has approved your plans for to construct a 10,080 square foot office building at a Union
Pacific: railroad yard in an M-2 (General Manufacturing) zone district at 1100 Sumner
Street,
Your proposal, with corrections as noted, meets the minimum required codes,
policies and standards for development as adopted by the Bakersfield City Council.
Specific items have been identified (see attached Site Plan Compliance List) that you
need to resolve before you can obtain a building permit or be allowed occupancy.
These items may include changes or additions that need to be shown on the final building
plans, alert you to specific fees, and/or are comments that will help you in complying with
the city's development standards. Each item will note when it is to be completed and
they have been grouped by department so that you know who to contact if you have
questions.
Your next step is to either apply for necessary building permits to construct your
project, or begun 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 ai 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 Builcls "ng Director has issued a certificate of occupancy.
City oft kersti ld a 1715 Chester Avenue a Bakersfield, Califomia * 9 3301
SP Ott 13-0071
Page, 2 oJ'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 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 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 low firm to defend
the City at the sole cost and expense of the Applicant and the City is not obligated to use
any low 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.
Approval of this site plan expires on March 20, 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 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 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
SPR# 13-0071 Page 3 of I I
zoning regulations, is within an area predominantly developed with urban uses, is not
identified as critical habitat for endangered or threatened rte, 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 Environmentall Quaility 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
4M of the decision date to the City of Bakersfield Planning Commission i Bakersfield
Planning Director, 1715 Chester Avenue, Bakersfield, CA, 93301) . The Planning Commission
wilI 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
plains you submitted. Any errors or omissions on these plans could aIter 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 plain review process, please contact the Planning Division at (661) 326-3733.
DECISION DATE. March 21, 2013
rely,
EPG �R t, Planning Director
cc: All Interested' Agencies - For your records.
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SPR4 13-0071 Pqgv 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-
1 W ) must be filed with the State Water Resources Control Board in
Sacramento before the begiinning 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 Division. 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 • the Building Division, Planning Division (HCP)l, and
Public Works Department,
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.
5. The developer shall include fire resistive wall construction details with the final
building plans for all exterior walls of any building that is within the distance
as set forth in Table 602 of the California Building Code.
6. Include with or show on the final building plans information necessary to
verify that the project complies with all disability requirements of Title 24 of
the California Building Code.
SPR4 13-0071
9
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Page 5 qJ'I I
Buildings or structures shall require installation of an automatic fire sprinkler
system where required by current Caiifornia Building Code and City
ordinance,
The Building Division will calculate and collect the appropriate school district
impact fee at the time they issue a building permit,
9. Final Building plans 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, if is recommended
that the developer contact the applicable water purveyor to inquire about
their process for obtaining wafer 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 Wafer Resources Department (1000
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 follows:
Square Parking Required
Use Footage Ratio Parking
General office 10,080 sq. ft. I space/ 250 sq. ft. 40 spaces
(Note: 95 parking spaces are shown on the proposed site plan. By
air
2. Minimum parking stall d'imensions shall be 9-feet wide by 18-feet long.
Vehicles may hall 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. Ail parking lots, driveways, drive aisles, loading areas, and other vehicular
access ways, shall 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.).
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 fight. 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
SPR# 13-0071 Page 6 qf'] I
property, or from existing residential development, shall not exceed a height
of 15 feet. The final building: plans small include a picture or diagram of the
light fixtures being used and show how light will be directed onto the parking
area. Please note that staff can require additional adjustments to installed
lighting after occupancy to resolve glare or other lighting problems if they
negatively affect adjacent properties.
5. The developer shal� 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 planis and minimum
ordinance standards (please refer to the landscaping requirements in
Chapter
(NOTE: At the time a final site inspection Is conducted, it is expect,ed that
plants will match the species identified and be Installed in the locations
consistent with the approved landscape plain. Changes made without prior
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& Business identification signs are neither consiidered nor approved under thi's
review. A separate sign permit reviewed • 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.)
7 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
Impleimentation/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
(Implementatian/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 OtwA/ W.bakersfie d i,lyal,,5 (go to Development Services
Department),
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP)
expires in year 2014. Projects may • 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, onily projects ready to be issued an urban development permit,
grading plan approval • building permit before the 2014 expliration date will
be eligible to pay fees under the current MBHC�P. Early payment • 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
SM 11 -0071 Page 7 ql'I I
development permits issued after the 20114 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. BurrowA- OwlNot�fficafi�on: 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 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 takinai,
possession, or destruction of birds their nests or ea 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.
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 Plan. Survey protocol shalll 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.
10. Open storage of materials and equipment shall be surrounded and
screened with a solid wall or fence (screening also applies to gates). This
fence shall be at least 6 feet in height and materials shall not be stacked
above the height of the fence. (Note: Fences taller than 6 feet are allowed
in commercial and industrial zones but they will require a building permit).
]I. 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.)
12 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 Ordinancl
13. In the event a previously undocumented oil/gas well is uncovered or
discovered on the project, the developer is responsible to contact the
Department of Conservation's Division of Oil, Gas, 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 15.66.080 fB).
VRP 13-0071
Page 8 oJ'] I
14. The developer shall meet all regulations of the San Joaquin Valley Air
Pollution Control District (Regulation VIll) concerning dust suppression during
construction of the project. Methods include, but are not limited to; use of
water or chemical stabilizer/suppressants to control dust emission from
disturbed area, stock piles, and access ways; covering or wetting materials
that are transported off-site; limit construction-related speed to 15 mph on all
unpaved areas/washing of construction vehicles before they enter public
streets to minimize carryout/track out; and cease 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 will not be conducted until all required items
have been installed. Any deviations from the approved plans without prior
approval from the Planning Division may result in reconstruction and delays
in obtaining a building or site occupancy,
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0. All fire hvdrnnts both offsite (nearest to site site. Include flow
data on all' hydrants. Hydrants shall be in good working condition
and are subject to fesfingi 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 sorinkler and or ial
hood systems. 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,
Z The developer must request an inspection from the Water Resources
Department (11 000 Buena Vista Road, Bakersfield, CA, phone: 661-326-3715)
for any underground sprinkler feeds at least 24 hours before they are buried.
The Prevention Services Division (150 1 Truxtun Avenue, Bakersfield CA, Phi.
661/326-3979) must 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 standing water, Barricades must be in place
where ditches and barriers exist in or cross roadways. Emergency vehicle
access must always be reliable.
SPR4 13-0071 Page 9 of' I I
D. PUBLIC WORKS - ENGINEERING (Staff contact - George G111burg 661-326-3997)
The developer shall construct curbs, gutters, cross gutters, 5-foot 6-inch wide
sidewalks, and street/alley paving along Sumner Street 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 one streetlight along Sumner Street as shown by
staff on the returned site plan. The developer shall be responsible for
providing the labor and materials necessary to energize all' newly 'instal led
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.
3. The developer shall construct standard handicap, ramps at the northeast
and northwest corners of all radius return drive approaches 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
i
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 shall
be a minimum thickness of 21nches over 3 inches of approved base material
(le. Class 11 A. B.) if concrete is used, it shall be a minimum thickness of 4
inches per Municipal Code Section 17,58. 60, 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,
6. if a grading plan is required by the Building Division, building permits will not
be issued until the girading plan is approved by boith the Publlic 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 661-326-3049 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.
SPROT, 13-0071
Page 10 of I I
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 estimate of the total fee when you submit construction plans
for the project.
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. if there are questions,
contact Man!niy Behl • 661-326-3576.
12. 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) .
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 • Planned Drainage Area. Please
contact the Public Works Department - Subdivisions at 66 6 to
determine what fees may apply.
I Street return type approaches, if used, shall have 20-foot minimum radius
returns with 14-foot one-way and 30-foot two-way throat widths. All
dimensions shall be shown on the final building plans.
2. Two-way drive aisles shall be a minimum width of 24 feet, If perpendicular
(90") parking spaces are proposed where a vehicle must back into these
aisles, the minimum aisle width shall be 25, feet, All drive aisle dimension shall
be shown on the final building plans.
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,U'R# 13-0071 Page 11 (?/'11
* 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 compacfor 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 belowO. Before occupancy of the building or site is
allowed, four 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) El 8'deep x 15'wide (3 bins)
Ell 8'deep x I O'wide (2 bins) 0 8" deep x 210'wide (4 bins)
enclosuire. If both refuse and recycling containers are to be combined in
the some 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 for 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. Facilities that participate in recycling operations must provide a location that
is separate from the refuse containment area.
Facilities with existing refuse service must improve the service location
area(s) to current adopted city standards (in accordance with Detail #ST25
A and B). These improvements shall be clearly shown on the final building
plans.
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