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Home My WebLink About3203 Ming AvenueENCROACHMENT PERMIT CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVE BAKERSFIELD CA 93301 (661) 326 -3724 TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD CALIFORNIA: Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to place, erect, use and maintain an encroachment on public property or right of way as therein defined. Application Number . . . . . 17- 30000004 Date 5/08/17 Property Address . . . . . . 3203 MING AVE Application type description PW - ENCROACHMENT PERMIT Owner GS PORTFOLIO HOLDINGS INC C/O GENERAL GROWTH PROPERTIES 110 NORTH WACKER DRIVE CHICAGO IL 60606 Contractor ------------------ -- - - -- OWNER Permit . . . . . . ENCROACHMENT PERMIT Additional desc . . Phone Access Code . 1976125 Permit Fee . . . . 213.00 Issue Date . . . . 2/21/17 Valuation . . . . 0 Qty Unit Charge Per Extension BASE FEE 213.00 Special Notes and Comments Location: Valley Plaza 3203 Ming Avenue (southeast corner of Ming Avenue and Wible Road). Site Plan Review 16 -0283 Permit to allow the existing parking spaces along Wible road within center to be within City right of way. Per council hearing dated April 19, 2017, this permit is irrevocable for a period of 20 years. John Baker 396 -2801 - -- --- - -- - -- ------------- ------------------------------ Applicant`gtt Mv�l�iges,tfi6Wghtdof the C#Wtngin reds want t�''tlie Bakersfield Municipal Code Chapter 12.20 to revoke theppg{-RitF 213.00 213.00 .00 0 Grand Total 213.00 213.00 .00 Sig ture of Applic t (Owner /Agent) Print Name I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT) SUBSTANTIALLY INTERFERE WITH THE USE OF THE PLACE WHERE THE SAME IS TO BE LOCATED AND (2) WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION IS THEREFORE (GRANTED) (DENIED) Said permit shall expire on date stated above. ignature of City Engineer Additional Terms on the Back Applicant agrees that if this application is granted, applicant shall indemnify, defend, and hold harmless CITY, its officers, agents and employees 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, arising out of connected with, or caused by applicant, or in any way arising from, the terms and provision of this permit or the placement, use (by applicant or any other person or entity) or maintenance of said encroachment, whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. The applicant further agrees to maintain the aforesaid encroachment, including, but not limited to, repairing or replacing the encroachment at Applicant's cost even if CITY inadvertently damages or destroys the encroachment in the ordinary course of CITY's business, during the life of the said encroachment or until such time that this permit is revoked. Applicant further agrees that upon the expiration of the permit for which this application is made, if granted, or upon revocation thereof by the City Engineer, applicant will at his own cost and expense remove the same from the public property or right of way where the same is located, and restore said public property or right of way to the condition as nearly as that in which it was before the placing, erection, maintenance or existence of said encroachment. Applicant must contact Dig -Alert at 811 at least 2 full working days prior to all excavating. Applicant further agrees to obtain and keep all liability insurance required by the City Engineer in full force and effect for however long the encroachment remains. Applicant shall furnish the City Risk Manager with a certificate of issuance evidencing sufficient coverage for bodily injury or property damage liability of both and required endorsements evidencing the insurance required. t Om,e iad and acknowledge the above. /�,� Applicant's Initials BAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 19, 2017 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera (seated at 5:00 p.m.), Gonzales, Weir, Sullivan (seated at 3:35 p.m.), Parlier Absent: None Mayor Goh acknowledged students from California State University Bakersfield and Bakersfield College, in attendance at the meeting to learn about City government. Assistant City Clerk Drimakis announced a memorandum was received from the City Attorney, requesting Closed Session item 4.d. be removed from the agenda. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. 2017 Council Goals Adoption. City Manager Tandy made staff comments. Management Assistant Blaschke made additional staff comments and provided a PowerPoint presentation. ACTION TAKEN Motion by Councilmember Weir to approve the 2017 City Council Goals document. APPROVED AB RIVERA Bakersfield, California, April 19, 2017 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: V. Appropriate $150,000 County Grant Revenues to the General Fund Police Operating Budget, to provide funding to deter, investigate, and prosecute real estate fraud crimes. W. Irrevocable encroachment permit for parking spaces within adopted City of Bakersfield road right -of -way for a retail center located at 3203 Ming Avenue (southeast corner of Ming Avenue and Wible Road). Successor Agency Business: X. Receive and file Successor Agency payments from March 17, 2017 to April 6, 2017 in the amount of $2,760,950. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.x. 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider a resolution RES 048 -17 approving a Mitigated Negative Declaration in support of the Manor Street Bridge Rehabilitation and Seismic Retrofit Project, located in northeast Bakersfield, on the portion of Manor Street that crosses over the Kern River, south of East Roberts Lane junction. b. Public Hearing to consider General Plan RES 263 -04(1) Amendment # 16 -0309. City of Bakersfield - Public Works Department has applied for an amendment to the circulation element of the general plan to (1) Amend Exhibit A of Resolution 263 -04 to clarify the existing boundaries for the West Beltway and Westside Parkway Interchange located along Stockdale Highway, generally between Renfro Road and Heath Road; and (2) Add a Class 1 Bike Path within the right -of -way of the West Beltway from Stockdale Highway south. A finding that the project is exempt from the California Environmental Quality Act will also be considered. ADMINISTRATIVE REPORT MEETING DATE: 4/19/2017 Consent -Miscellaneous w. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 3/29/2017 WARD: Ward 7 SUBJECT: Irrevocable encroachment permit for parking spaces within adopted City of Bakersfield road right -of -way for a retail center located at 3203 Ming Avenue (southeast corner of Ming Avenue and Wible Road). STAFF RECOMMENDATION: Staff recommends approval of irrevocable encroachment permit. BACKGROUND: The applicant has submitted a Site Plan Review (SPR) application to construct new restaurants at 3203 Ming Avenue (Valley Plaza). An SPR ensures that development plans comply with all applicable city development ordinances, standards and policies. As a condition of SPR No. 16- 0283 and pursuant to adopted City standards, the owner is required to dedicate additional right - of -way to the City along Wible Road to full arterial street -width including an expanded intersection. The dedication of additional right -of -way to the City, as required by SPR No. 16 -0283, impacts existing parking spaces at the Valley Plaza along Wible Road. Wible Road is designated as an arterial per the Metropolitan Bakersfield General Plan Circulation Element. There are no immediate plans to widen Wible Road since the traffic counts do not require it at this time and the Kern COG traffic model indicates that the traffic volumes on Wible Road will not require the expansion from its current state to arterial status until at least 20 years from now. Until such time Wible Road is expanded, the applicant desires to utilize the dedicated additional right -of -way for retail parking. In order for the applicant to use the dedicated right -of -way for parking, an encroachment permit is required. The attached encroachment permit provides for a 20 year irrevocable encroachment permit for parking spaces. The proposed irrevocable encroachment permit will allow the applicant to use the additional dedicated right -of -way for parking for a minimum of 20 years. Municipal Code §12.20.020 allows the city to revoke encroachment permits at any time. The applicant has requested an irrevocable permit because of costs they will incur to construct the parking spaces. Council action is required to make the permit irrevocable. Because the City has 04119117 CC AGENDA PACKET PG 548 no plans to widen Wible Road within the next 20 years, staff recommends approval of this irrevocable encroachment permit. ATTACHMENTS: Description ❑ Map Encroachment Permit Type Backup Material Backup Material 04119117 CC AGENDA PACKET PG 549 �I �1 a i ---------------------- • n _ -;', f' I� 4' • � -, I Ali 1 ■ 1 NO i`'i ;��Qi �.;€��: - VALLEY PLAZA R. —� j: 1 I 1 . �r.� �� `8 . 'e T ; it •i��;5:; as4 i;., �; .;@� : 270' MD.IN.,G AVENUE AUF�kNIA 933iW BAKERSFIEL — —_- ._ .. .... -- - 04119117 CC AGENDA PACKET PG 550