HomeMy WebLinkAbout7700 District BoulevardCommunity Devebpment Department
Douglas Mclsaac, Community Development D rector
Phil Burns, Building Director
Building Djv'islon
Phone: (661) 326-3720
FAX., (661) 325-0266
Jeffrey Krousse
2798 Alto Vista Drive
Bakersfield, CA 9331
RE, Notice of Decision Site Plan Review (Project No. 13-0171 i
Dear Mr. Krausse:
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Jim Eggert, Ranning Director
Planning DMsion
Phone: (661) 326-3733
FAX: (661) 852-2136
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 • be allowed occupancy.
These items may include changes or additions that need to be shown on the final building
N. .lans, alert N. to s*ecific fees,
the cify"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
questiNns.
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 plains 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
plains, and any other relevant permits and codes. If you have satisfied all of the
requirements, the Building Director will issue a certificate of occupancy; of not, the area
inspector will give you a correction notice. Once you have made all of the corrections,,
the Building Director can issue a certificate of occupancy. You may not occupy a
development until the Building Director has issued a certificate of occupancy.
City of Rakersfileld: e 1715 Chester Avenue 9 Bakersfidd, California e 913301
SPR9 13-0171 Page 2 q/- I I
��JULS M'T "JIMMITY1
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 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.
REVISIONS OF THE APPROVED PLAN
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 May 16, 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 withiin 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,
SPR4 13-0171
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This site plan review has been found to be exempt from the provisions of the
California Environmental Quality Act (CPA) 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 q�ulality, 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 filing fee, and must be filed within 10
d' s 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 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 (6611) 326-3733.
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Sincerely,
cc: All Interested Agencies - For your records,
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SPRO 13-0171 Page 4 of 11'
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1. 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 (NC I) to comply with the terms of the General Permit to Discharge
Storm Water Associated with Construction Activity (WQ Order No. 99-08-
DWQ) must be filed with the State Water Resources Control Board in
Sacramento before the beginning of any construction activity. Compliance
with the general permit requires that a Storm Wafer 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 copiies of the preliminary soils report
to the Building Division. A finial solls report shall also be submitted to the
Building Division before they can issue a building permit. P'lease note that
grading plans must be consistent with the final building site plans and
landscaping plans. Building permits will not be issued until the grading
permit is approved by the Building Division, Planning Division (HCP):, and
Public Works Department.
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,
5 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 Ca a Building Code.
& Buildings or structures, shall require installation of an automatic fire sprinkler
system where required by current California Building Code and City
ordinance.
SPRif 13-0171
Page 5 q01
7, -B a g Division will calculate and collect the appropriate school district
impact fee at the time they issue a building permit.
8. Final Building plans shall show pedestrian access pathways or easements for
persons with disabilities from public 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.
�o Mow r to granting occupancy, the Building Division will verify that a water
meter serving the development is in pilace. Therefore, it is recommended
thot the developer contact the applicable water purveyor to inquire about
their p o or 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
Buen,a Vista Road, Bakersfield, CA, phone: 661-326-3715).
(Note: 77 parking spaces are shoiwn on the proposed site plan. By
film Lim OtRIA8118 111 A' 0 w A
t. Minimum parking stall dimensions shall be 9-feet wide by 18-feet long.
Vehicles may hana• a andscape 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, &veways, drive aisles, loading areas, and other vehicular
access ways, shall be paved with concrete, asphaltic concrete (A. w
other paved street surfacing material in accordance, with the Bakersfield
Municipal Cade (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. 8.060 A.). Illumination shall be evenly distributed across the
parking area with light fixtures designed and arranged so that light is
directed downward and is reflected away from adjacent properties and'
streets. Use of glare shields or baffles may be required for glare reduction or
control of back light. No light poles, standards and fixtures, including bases
or pedestals, shall exceed a height of 40 feet above grade. However, light
standards placed less than 50 feet from residentially zoned or designated
property, or from existing residential development, shall not exceed a height
of 15 feet, The final building plans shall 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
SPR# 13-0171 Page 6 of 1I
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5. The developer shall include a copy of a final landscape plan with each, set
of the final building plans submitted to the Building Division. Biuilding 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 (p�ease refer to the landscaping requirements in
Chapter 17.61).
(NOTE: At the, time ai final site inspection is conducted, it is expected that
pliants will miatch thie species identified and be Installed in the locations
consistent with the approved landscape plan. Changes made without prior
approvall of thi e Planning staiff may result in the removal and/or relocation of
installed pliant materials and delays In obtaining building occupancy.)
6. Internal building unit addresses will be only by suite number and will be the
responsibility of the owner or developer to assign to each tenant.
(It is recommended that you assign suite numbers beginning with 100i ' 200,
300 etc. instead of on alphabetic character. If in the future a tenant space
were split, you would then be able to assign a suite number between the
existing numbers, which would keep your s,uites in numerical order. Keeping
an orderly numbering system will make it easier for customers, emergency
personnel, and mail delivery to find the business),
7. Business identification signs are neither considered nor approved under this
review. A separate sign 1permit 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.)
8. 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) far the
Metropolitan Bakersfield Habitat Conservation Plan. Upon, payment of the
fee, the applicant will receive acknowledgment of compliance with
Metropolitan 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,bakersfie dcjt (, s (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
SP-Rfi 13-0171 PagN 7 of']/
expiration date under the current MBHCP. As determined by the City of
Bakersfield, only projects ready to be issued an urban development permit,
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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
urNN n development permits is governed by the terms of the MBHCP, Urban
development permits issued after the 2014 expiration date may be subject
tN a new or revised Habitat Conservation P'lan, 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.
Burrowing Owl Notification: The burrowing owl'is a migratory bird species
protected by international treaty under the Migratory Bird Treat Act (MBTA)
• 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 (5,01 C.FR. 21�). Sections 3503, 35013.5, and 3800 of
the California Department of Fish and Game Code orchibit the ta in
possession or destruction of Uirds, their nests or eags. To avoid violation of
the provisions of these laws generally requires that project related
disturbance at active nesting territories be reduced or eliminated during
criticN, l phases of the nesting cycle (March 1- August 15, annually).
Disturbance that causes nest abandonment and/or loss of reproductive
effort (eg., killing or abandonment of eggs or young) may be considered
"taking" and i's potentially puniishable by fines and/or imprisonment.
10. 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.
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. 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 Oiil, Gas, and Geothermal
Resources (DOGGR). The developer is responsible for any remedial
operations on the well required by DOGGR. The developer shall also be
suNject to provisions of BMC Section 15,66,.080i (B).
13. The developer shall meet all regulations of the Son Joaquin Valley Air
Pollution Control District (Regulation VIII) 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
SPR# 13-0171 Page 8 �f I I
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).
ll 4, Prior to receiving final building or site occupancy, you must contact the
Planning Division (sitaff 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 buMing or site occupancy.
a. : i�re hydrnink. both offsite tnearest to site) and on-site. Include flow
data on all hydrants. Hydrants s,halil 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.
b. All fire sprinkler and/or stand pipe systems,, fire alarms and commercial
hoods sterns. 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 (1000I 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 (1501 Truxtun Avenue, Bakersfield CA, Ph.
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.
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1. The developer shall construct curbs, gutters, cross gutters, 5-foot 6-inch wide
sidewalks, and street/alley paving along District Boulevard according to
adopted city standards. These improvements shall be shown on the final
building plans submitted to the Building Division before any building permits
will be issued,
2. The developer shall install new connection(s) to the public sewer system. This
connection shall be shown on the final building plans submitted to the
Building Division before any building permits will be issued.
SPR4 13-0171
Page 9 of' I I
3. All on-site areas required to be paved (le. 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 31nches 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 11 7.58.060, 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. If a grading plan is required by the Builw Division, building permits will no-f
be issued until the grading plan is approved by tqt the Public Works
Department and the Building Division.
5. 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.
6. 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,
7. A sewer connection fee shall be paid at the time a building permit is issued.
We will base this fee of the rate in effect at the time a: building permit is
issued.
8. 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.
9. 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.
10. 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)1.
The developer shall install a full sized manhole in each sewer line before it
connects to the sewer main. This manhole is to be located within the
property being developed and must be easily accessible by City workers.
SPR4 13-0171
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12. This project miay be located within a Planned Sewer Area, Please contact
the Public Works Department - Subdivisions of 661-326-3576 to determine
what fees imay apply.
13 This project may be located within a Planned Drainage Area. Please
contact the Public Works Department - SuloclMsions at 661-326-3576 to
determine whatfees may apply.
11LIMA, 41 Jeft, 11ML91,401k[A
Show on the final building plans minimum 31 -foot wide (top-to-top) drive
approach(es) as indicated by staff on the returned site plan. Drive
approaches must be centered on drive aisles. All dimensions shall'be shown
N n the finial building plans.
2. Show the typical parking stall dimension on the final build'ingi pians, (minimum,
stall size is 9 feet x 18 feet).
'31 7
Cart service I cubic yard/week or less I time per week
Front loader bin services I cubic yard/week - 12 cubic yards/day
Roll-off compactor service More than 12 cubic yards /day
Z Show on the final building plans refuse bin enclosures, Each enclosure shall
be designed according to adopted city standard (Detail #ST25 A and B,), at
the size checked below WE Before occupancy of: the bluild'ing or site is
allowed, eight 3, cubic yard! front loading type refuse bin(s) shall be placed
within the required e osure(s),
6t deep x 8'wide (I bin) El 8'deep x 15'wide
0 8'deep x I O'wide (2 bins) Z 2 - 8'deep x 2�O!'wide (4 bins)
NOTE: All measurements above are curb-to-curb dimensions inside the
enclosure., If both refuse and recycling containers are to be combined in
thie same enclosure area, th,is area must be expianded in size to
accommodate mulltiple 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.
SPR# 13-0171
Page 11 of 11
4. Facilities that require grease containment must provide a storage location
that is separate from the refuse bin location. This shad be shown, on the final
buOding plans,
5. Facilities that participate in recycling operations must provide a location that
is separate from the refuse containment area.
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