HomeMy WebLinkAboutRES NO 096-15RESOLUTION NO.
9 6-- 1.5
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DENYING THE
APPEAL AND APPROVING CONDITIONAL USE PERMIT /ZONING
MODIFICATION NO. 15 -0067- TO CONSTRUCT A 28 -UNIT
APARTMENT COMPLEX, AND ZONING MODIFICATIONS TO
REDUCE THE FRONT -YARD BUILDING SETBACK FROM 43 FEET TO 6
FEET AND TO REDUCE THE REAR -YARD BUILDING SETBACK FROM
15 FEET TO 7 FEET, IN A C -O (PROFESSIONAL AND
ADMINISTRATIVE OFFICE ZONE) DISTRICT LOCATED AT 2125 18TH
STREET.
WHEREAS, Solomon Ferguson Architects, for South Coast Investments &
Development, Inc., filed an application with the City of Bakersfield Community
Development Department requesting a conditional use permit to construct a 28 -unit
apartment complex, and zoning modifications to reduce the front -yard building
setback from 43 feet to 6 feet and to reduce the rear -yard building setback from 15
feet to 7 feet, in a C -O (Professional and Administrative Office Zone) district located at
2125 18th Street (the "Project "); and
WHEREAS, the Project is exempt from the requirements of the California
Environmental Quality Act (CEQA) because it is an in -fill project meeting the conditions
described in State CEQA Guidelines Section 15332; and
WHEREAS, the Board of Zoning Adjustment held public hearings on March 10,
2015, and April 14, 2015, and approved Resolution No. 15 -12; and
WHEREAS, an appeal of the Board of Zoning Adjustment's decision to approve
the Project was filed by John Sarad, Kurt Finberg, M.D., Steve Montgomery, Gary Zerlin,
M.D., Sandee Senior; Thomas Armstrong, D.D.S., Sandra Reed, Jeanine Lambert, John
Decker, Kristy Adamson, and Peggy Panero on April 24, 2015; and
WHEREAS, the Clerk of the City Council set Wednesday, June 3, 2015, at 5:15 p.m.
in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the
time and place for a public hearing before the City Council to consider the appeal as
required by Government Code Section 65355, and notice of the public hearing was
given in the manner provided in Title 17 of the Bakersfield Municipal Code, and this item
was continued to the Council's regular meeting held on July 22, 2015; and
WHEREAS, during the hearing, the City Council considered all facts, testimony,
and evidence concerning the staff report, and the Board of Zoning Adjustment's
deliberation and action.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The Board of Zoning Adjustment's findings as contained in its Resolution No.
- 15 -12 are hereby adopted.
2. The Project is exempt from the requirements of California Environmental
Quality Act. bNKF
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3. The City Council hereby denies the appeal.
4. The Project is hereby approved subject to the conditions of approval in
Exhibit A and as shown in Exhibits B, C, and D, which are incorporated herein.
--- - - - - -- 000 - - - - --
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on JUL 2 2 2015
by the following vote:
AY COUNCILMEMBER: WEIR SMITH, HANSON, _ PARLIER
NO COUNCILMEMBER: o A&Z4W4 -%%% CAUDIVOn.,
ABSTAIN: COUNCILMEMBER: AI MO
ABSENT: COUNCILMEMBER:�Nayl j
ROBERTA GAFFORD, C�. - -
CITY CLERK and Ex Officio Clerk -of the
Council of the City of Bakersfield
APPROVED JUL 2 2 2015 ®,
F I
HARVEY L. HALL °
MAYOR of the City of Bake sfield
APPROVED as to form:
VIRGINIA GENNARO
City Att ey
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Conditions of Approval
B Location Map
C Site and Floor Plans
D Building Elevations
By: PH - S: \BZA_SPR \CUP \2015 \15 -0067 2125 18th St 28 -unit apartment complex in C -O \CC Res 15- 0067.docx o��AKF9
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Exhibit A: Conditions of Approval
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EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit /Modification No. 15 -0067
I. The applicant's rights granted by this approval are subject to the following provisions:
• The project shall be in accordance with all approved plans, conditions of approval,
and other required permits and approvals. All construction shall comply with
applicable building codes.
• All conditions imposed shall be diligently complied with at all times and all
construction authorized or required shall be diligently prosecuted to completion
before the premises shall be used for the purposes applied for under this approval.
• This approval will not be effective until ten (10) days after the date upon which it is
granted by the BZA to allow for appeal to the City Council. Any permit or license for
any approval granted shall not be issued until that effective date.
• This approval shall automatically be null and void two (2) years after the effective
date unless the applicant or successor has actually commenced the rights granted, or
if the rights granted are discontinued for a continuous period of one (1) year or more.
This time can be extended for up to one (1) additional year by the approving body.
• The BZA may initiate revocation of the rights granted if there is good cause, including
but not limited to, failure to comply with conditions of approval, complete
construction or exercise the rights granted, or violation by the owner or tenant of any
provision of the Bakersfield Municipal Code pertaining to the premises for which the
approval was granted. The BZA may also consider adding or modifying conditions to
ensure the use complies with the intent of City ordinances.
Unless otherwise conditioned, this approval runs with the land and may continue
under successive owners provided all the above mentioned provisions are satisfied.
II. The following conditions shall be satisfied as part of the approval of this project:
1. 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 action 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
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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,
falling 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.
2. This conditional use permit allows for the construction of a 28 -unit apartment
complex in a C -O (Professional and Administrative Office Zone) district located
at 2125 18th Street as depicted on attached Exhibits B, C, and D.
3. The zoning modifications allow for the reduction of the front yard setback from
43 feet to 6 feet and the reduction of the rear yard setback from 15 feet to 7
feet.
III. The following are specific items that you need to resolve before you can obtain a
building permit or be allowed occupancy. These items include conditions and /or
mitigation required by previous site entitlement approvals (these will be specifically
noted), changes or additions that need to be shown on the final building plans, alert
you to specific fees, and other conditions for your project to satisfy the City's
development standards. The item will usually need to be shown on the final building
plans or completed before a building permit is issued. Each has been grouped by
department so that you know whom to contact if you have questions.
A. - COMMUNITY DEVELOPMENT - BUILDING (Staff contact - Brad Vedula 661 - 326 -3607)
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 -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 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 by the
Building Division, Planning Division (HCP), and Public Works Department.
3. An approved site utilities plan is required prior to final plan approval. o��AKF9s
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4. Show on the final building plan how and where water will be drained from the
property.
5. Show on the final building plan pedestrian access from the public way and
handicap parking. Private streets are not the public way.
6. 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.
7. 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.
8. 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 on the project site that are subject to noise levels of
65 db or greater as delineated by the CNEL contour maps of the city. These
implementation measures shall comply with the requirements of Title 24 of the
California Building Code.
9. Buildings or structures shall require installation of an automatic fire sprinkler
system where required by current California Building Code and City ordinance.
10. 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 easily find a specific unit
when responding to the site during an emergency.
11. The Building Division will calculate and collect the appropriate school district
impact fee at the time they issue a building permit.
12. 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.
13. 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 ( 1000 Buena Vista Road,
Bakersfield, CA, phone: 661 - 326- 3715).
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B. COMMUNITY DEVELOPMENT - PLANNING (Staff contact- Hayward Cox 661 - 326 -3673)
1. The minimum parking required for this project has been computed based on
use and shall be as follows:
Number Parking Required
Use of Units Ratio Parking
1- bedroom apartments 28 1 space /unit 28 spaces
( +10% guest parking) 3 spaces
Total Required: 31 spaces
(Note: 31 parking spaces are shown on the proposed site plan, including one
on- street parking space. By ordinance, compact and tandem spaces cannot
be counted toward meeting minimum parking requirements.)
2. Minimum parking stall dimensions shall be 9 -feet wide by 18 -feet long. Vehicles
may hang 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. All 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
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 lighting after occupancy to
resolve glare or other lighting problems if they negatively affect adjacent
properties.
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. 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 locations consistent with
the approved landscape plan. Changes made without prior approval of the
Planning staff may result in the removal and /or relocation of installed plant
materials and delays in obtaining building occupancy.) o�0AKF9`p"
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6. 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 17.58.020.8. 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 map is not acceptable since it is only for tax purposes and does not
verify legal parcel status.)
7. Provide a site plan showing all dwelling unit designations (by unit number or
letter) for each building within the complex.
8. Business identification signs are neither considered nor approved 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 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.bakersfieldcity.us (go to Development Services Department).
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires
in year 2019. Projects may be issued an urban development permit, grading
plan approval, or building permit and pay fees prior to the 2019 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 2019 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 2019 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.
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10. 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 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 taking, possession,
or destruction of birds, their nests or eggs. 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.
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 Wildlife. Developer shall
be subject to the mitigation measures recommended by the consultant.
Copies of the survey shall be provided to the Planning Department, State
Department of Fish and Wildlife, and the U.S. Fish & Wildlife Service prior to
ground disturbance.
12. A Park Development and Improvement Fee shall 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 $1,750 for each independent
residential unit.
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 San 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 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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C. FIRE DEPARTMENT (Staff contact - Ernie Medina 661 - 326 -3682)
Show on the final building plans the following items:
a. All fire hydrants, 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 provide 2
sets of the engineered water plans to both the Fire Department and the
Water Resources Department.
b. All fire sprinkler and /or stand pipe systems, fire alarms and commercial
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.
C. Project address, including suite number if applicable. If the project is
within a shopping or business center, note the name and address of the
center.
d. Name and phone number of the appropriate contact person.
2. The developer must request an inspection from the Water Resources
Department (1000 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.
D. PUBLIC WORKS - ENGINEERING (Staff contact - George Gillburg 661- 326 -3997)
1. 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. 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 II A. B.) if concrete is used, it shall be a minimum thickness of 4 inches per
Municipal Code Section 17.58.060.A. This paving standard shall be noted on the
final building plans submitted to the Building Division before any building
permits will be issued.
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3. 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.
4. Before any building or site can be occupied, the developer must reconstruct or
repair substandard off -site street improvements that border 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.
5. 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.
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 - 326 -3576 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.
E. PUBLIC WORKS - TRAFFIC (Staff contact - George Gillburg 661 - 326 -3997)
Two -way drive aisles shall be a minimum width of 24 feet. If perpendicular (901)
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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F. PUBLIC WORKS - SOLID WASTE (Staff contact - John Wilburn 661- 326 -3114)
You must contact the staff person noted above before building permits can be
issued or work begins on the property to establish the level and type of service
necessary for the collection of refuse and /or 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 -- 1 cubic yard /week or less 1 time per week
Front loader bin services -- 1 cubic yard /week - 12 cubic yards /day
Roll -off compactor 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 below Q. Before occupancy of the building or site is allowed, two
3 -cubic yard front loading type refuse bin(s) shall be placed within the required
enclosure(s): Either two 6' deep x 8' wide (1 bin) or one 8' deep x 10' wide (2
bins).
NOTE: All measurements above are curb -to -curb dimensions inside the
enclosure. 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. Show on the final building plans one 6 -foot by 8 -foot (inside dimension)
recycling bin location.
4. Facilities that participate in recycling operations must provide a location that is
separate from the refuse containment area.
5. Prior to the issuance of building permits, Developer shall show on the final
building plans a 6 -foot deep by 24 -foot long concrete pad (built to City
Standard ST25A) in the alley to place trash and recycling bins for servicing by
the sanitation department. This pad may be used as a staging area for
servicing or permanent storage of the bins. Please be advised that storage
areas may be required to be ADA Accessible.
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Exhibit B: Location Map
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