HomeMy WebLinkAbout720 Chester AveenueBuilding Division
Phone: (661) 326-37201
FAX: (661) 325-0266 1
Vance Pomeroy
VeloTera Services, Inc.
29319 121 It Street
Juniper Hills, CA 93543
RE: Notice of Decision - Site Plan Review (Project No. 13-0216)
Dear Mr. Pomeroy:
Jim Eggert, Plann ng Director
Ranning 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 a 59-foot tall stealth wireless communications facility in a C-2 (Regional
Commercial Zone) district at 720 Chester Avenue,
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 if 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; if 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
SPR#13-0216
certificate of occupancy.
Page 2
In consideration by the City of Bakersfield for land use entitlements, including but not
limited fo 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.
Any time after site plan approval but before the approval expires; you may submit revisions
to the plan. We will treat these revisions as a new site plan application subject to a new review
and required fees. The Planning Director can only approve minor changes to the original plan
without a new application, if they are necessary to meet a condition, mitigation, or result from
physical obstacles or other comparable constraints.
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Approval of this site plan expires on June 17, 2015 (2 years from the decision date), unless
building permits h� ave 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.
SPR #13-0216
Pagt, 3
This site plan review has been found to be exempt from the provisions of the California
Environmental Quality Act (CEQA) according to Section 15332. This project is exempt because it
is 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.
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 wif hin 10 days 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 (661) 326-3733.
DECISION DATE: June 18, 2013
Sincerely,
CC'. All Interested Agencies - For your records.
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S.'\BZA_S,PR\Forrns\spr�-data \2013 spr\ 13-0216,spritr.doc
,5P #13 -0216 Page 4
CONDITIONS AND ORDINANCE COMPLIANCE
1 29 il'; 111FRTITIli!
All driveways, drive aisles, and any 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.).
2. A landscaped area ten feet in width as measured from the property/right-of-way
boundary shall be installed along the project site's Chester Avenue frontage. Street
trees shall be planted at a ratio of one tree per 30 lineal feet, or portion thereof,
consisting of all mix of 30 percent evergreen and 70 percent deciduous species.
3. Prior to receiving final signoff by the Building Department, you must contact the
Planning Division (staff contact noted above) for final inspection and approval of
the structure, landscaping, parking, lighting, and other related site improvements as
they may apply to the project. 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 building or site occupancy.
4. Associated equipment shall be within a completely enclosed building. Buildings
shall be painted similar non-reflective colors as the antenna or tower structure, and
blend with the surrounding! area. If security fencing is used, it shall be wrought !iron or
similar decorative material. Chain-link fencing may only be used if screened with
landscaping that is installed and maintained in accordance with Chapter 17.61. Use
of barbed or razor wire is prohibited.
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6. Signs and advertisement are prohibited, except required informational signs for
public safety in accordance with the area limitations of Section 17.6,0.080 F.
7. Non-reflective colors shall be used for all equipment shelters, poles, towers,
antennas, and supporting structures. If not camouflaged, antenna and monopoles
shall be a single color such as off-white, cream, beige, light green, or gray. Please
show colors on final plan.
8. The operation of the antenna shall not cause interference with any electrical
equipment in the surrounding neighborhoods such as television, radio, telephone,
computer, inclusive of any public safety radio system, 911 emergency system, etc.,
unless exempted by federal regulation.
SPR#13-0216
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,9. Facilities shall be maintained in good condition and a proper state of preservation
at all timies. They shall be operational and present a satisfactory appearance
regarding their original approval such as painting, material screening, camouflage,
landscaping, or anything deemed to the appearance of the overall facility.
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