HomeMy WebLinkAboutRES NO 169-19RESOLUTION NO. .1 6 9- 19
A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL TO UPHOLD THE
DECISION OF THE BOARD OF ZONING ADJUSTMENT AND DENY THE APPEAL
FOR CONDITIONAL USE PERMIT NO., 19-0278 TO ALLOW AN INDOOR
BANQUET VENUE IN THE C-1 (NEIGHBORHOOD COMMERCIAL ZONE)
DISTRICT, LOCATED AT 2520 BRUNDAGE LANE (WARD 1).
WHEREAS, Tim Stormont filed an application with the City of Bakersfield Development
Services Department for a conditional use permit to allow an indoor banquet venue
(17.64.020.8) in the C-1 (Neighborhood Commercial Zone) district, located at 2520 Brundage
Lane (the "Project"); and
WHEREAS, the Board of Zoning Adjustment approved the conditional use permit to
allow an indoor banquet venue on September 10, 2019, and the decision was appealed by
Keith Lawless on September 20, 2019; and
WHEREAS, the Clerk of the City Council set Wednesday, October 23, 2019, 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
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:
The Board of Zoning Adjustment's findings as contained in its Resolution No. 19-
27 are hereby adopted.
2. The Project is exempt from the requirements of California Environmental Quality
Act.
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 and C, which are incorporated herein.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the
Council of the City of Bakersfield at a regular meeting thereof held on
OCT 2 3 2019 by the following vote:
✓ ✓ ✓ ✓ ✓
AYES COUNCILMEMBER: RIVERA, GONZALES, bV€a&, SMITH, FREEMAN, SULLIVAN, PARLIER
COUNCILMEMBER: N W8'
ABSTAIN: COUNCILMEMBER: ND019-
ABSEN_P COUNCILMEMBER: j, UY,
APPROVED: OCT 2 3 2019
By:
KAR GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
JU IE DRIMAKIS;CMC
CITY CLERK and Ex Officio Clerk of the Council of the
City of -Bakersfield _.
By:
RICHARD IGER
Deputy City Attorney
Exhibits: A. Conditions of Approval
B. Location Map
C. Site Plan
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EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit No. 19-0278
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 al/ 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 CECLA 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.
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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 an indoor banquet venue in a C-1 (Neighborhood
Commercial Zone) district located at 2520 Brundage Lane as depicted on attached
Exhibits B and C.
3. Prior to commencement of operations as allowed by this conditional use permit, the
permit holder shall:
a. Obtain a change in occupancy permit from the City of Bakersfield Building
Division.
b. Obtain a fire clearance from the City of Bakersfield Fire Department/Prevention
Services. A copy of the inspector's fire clearance form shall be submitted to the
Planning Director.
4. The banquet hall shall continually comply with the following conditions while in
operation:
a. The permit holder shall ensure that reasonable efforts are made to prevent the
admission of any person whose conduct is described in Penal Code section 415
(fighting, loud noise, offensive words in public places) or section 647 (disorderly
conduct) on the premises, parking lots and all other areas of the establishment
controlled by the permit holder. The permit holder shall make reasonable
efforts to remove persons exhibiting such conduct from the establishment.
b. Unless permitted as part of these conditions, all noise associated with the
operation of any sound equipment must comply with BMC section 9.22 and not
exceed the applicable noise standards of the Metropolitan Bakersfield General
Plan.
C. Entrances into the premises shall be equipped with lighting of sufficient power
to illuminate and make easily discernible the appearance and conduct of all
persons on or about the premises. Additionally, the position of the lighting shall
not disturb the normal privacy and use of the neighbors and are subject to the
requirements of BMC section 17.58.060.
d. Any graffiti painted or marked upon the premises or any area under the control
of the permit holder shall be removed or painted over within 72 hours after
discovery.
e. Prior to commencement of alcohol sales/service, the permit holder shall obtain
all required permits and approvals for alcohol sales and on-site consumption;
including but not limited to necessary permits from the California Department
of Alcoholic Beverage Control (ABC).
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The permit holder shall comply with all operating conditions imposed by the
California Department of Alcoholic Beverage Control (ABC). Should a conflict
occur between the ABC requirements and the conditions of approval, the more
restrictive shall prevail.
g. The permit holder shall not allow the number of occupants inside the premise
building to exceed the establishment's maximum occupant load, as determined
by the Development Services Director or his designee and/or the Fire Chief or
his designee.
The number of guests in attendance shall not exceed 296, or limit established by
the Fire Department, whichever is less.
Events may be held 7 days a week and shall conclude no later than 10:00 p.m.
on Sunday through Thursday and 12:00 a.m. (midnight) on Friday and Saturday.
Set up and tear down shall not occur between the hours of 2:00 a.m. and 7:00
a.m.
j. While the privileges of this permit are being exercised for the banquet venue,
the permit holder shall provide and maintain uniform private security officers
on the premises (as defined in Chapter 11.4, commencing with Section 7574
Division 3 of the Business and Professions Code). All proprietary security
officers shall comply with Business and Professions Code 7574.2 and shall
register with the Department of Consumer Affairs. The minimum ratio of
officers shall be at least one (1) security person for every 50 guests to prevent
any activity, which would interfere with the quiet enjoyment of property
belonging to nearby businesses. Uniformed security shall be provided anytime
the privileges of this permit are being exercised, until 30 minutes after closing.
k. Loitering is prohibited on the premises or areas under the control of the permit
holder.
Valet parking shall be provided for all events.
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. DEVELOPMENT SERVICES — BUILDING (1715 Chester Avenue)
(Staff contact - Oscar Fuentes; 661-326-3676 or OFuentes@bakersfieldcity.us)
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 (NOI) to comply with the terms of the General Permit
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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
four (4) copies of grading plans and two (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. Show on the final building plan pedestrian access from the public way and accessible
parking. Private streets are not the public way.
4. 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.
5. Include with or show on the final building plans information necessary to verify that the
project complies with all accessibility requirements of Title 24 of the California Building
Code.
6. The developer shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA., 93301; PH 661-862-
8700) for any food handling facility (i.e.: market, delicatessen, cafe, concession,
restaurant) before building permits can be issued.
7. Buildings or structures shall require installation of an automatic fire sprinkler system
where required by current California Building Code and City ordinance.
8. 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, 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).
11. Show on the final building plan, electric vehicle supply equipment to facilitate future
installation as required by the California Green Code.
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B. DEVELOPMENT SERVICES — PLANNING (1715 Chester Avenue)
(Staff contact - Whitney Jackson; 661-326-3673 or WJackson@bakersfieldcity.us)
1. The minimum parking required for this project has been computed based on use and
shall be as follows:
Proposed No. Parking Required
Use Guest Ratio Parkin
Banquet Venue 296 1/4 Seats 74 spaces
Required Parking: 74 spaces
(Note 1: 76 parking spaces are shown on the proposed site plan. By ordinance,
compact and tandem spaces cannot be counted towards meeting minimum parking
requirements.)
(Note 2: 12 additional parking spaces are shown on the west parking lot and are
dedicated for the 2,400 square foot commercial use.)
2. Minimum parking stall dimensions shall be 9 feet wide by 18 feet long and shall be
designed according to standards established by the Traffic Engineer. 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.
(Note: Staff can require additional adjustments to installed lighting after occupancy to
resolve glare or other lighting problems if they negatively affect adjacent properties.)
S. Because off-site parking and/or off site access to the project is being proposed, the
developer shall file with the Planning Division before any building permits are issued, a
copy of a recorded lease, C. C. and R.'s, or other instrument that ensures that the offsite
parking and/or legal access proposed for this project is available for its actual lifetime.
6. 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 landscapins
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requirements in Chapter 17.61. Landscape plans shall include, but are not limited to,
data on: gallon/box size, spacing, species (reference approved parking lot tree list),
ratio of deciduous vs. evergreen, shade calculations, ground cover calculations, etc.
(Note 1: 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.)
(Note 2: No mature landscaping shall be removed without prior approval by the
Planning Director.)
(Note 3: Upon approval of the final landscape plan, a digital copy shall be submitted to
the Planning staff contact listed above.)
(Note 4: Additional landscaping shall be provided along those portions of the parking
lot that abut residentially -zoned property, to serve as an aesthetic buffer. Type of tree
species shall be approved by the Planning Director.)
7. A solid masonry wall shall be constructed adjacent to residentially zoned and/or
designated property. This wall must be shown on the final building plans and shall be
constructed a minimum height of 6 feet as measured from the highest adjacent finished
property grade. If the parking lot, including drive aisles, delivery areas, loading and
unloading areas are within 10 feet of residentially zoned property, a 7 -foot wide
landscape strip that includes landscaping consistent with Chapter 17.61 shall be
installed between the wall and parking/drive areas.
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.
(Note: Signs must comply with the Sign Ordinance; Chapter 17.60 of the Bakersfield
Municipal Code. Review this Chapter as part of due diligence.)
9. The following conditions are required as part of a grading permit (for the new
development and parking lot construction):
a. 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.
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Forms and instructions are available at the Planning Division or on the city's web
site at www. ba kersfie Id city. 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 Service and the California
Department of Fish and Wildlife.
b. 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 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.
C. Prior to ground disturbance, the developer shall have a California Department of
Fish and Wildlife approved MBHCP biologist 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 California
Department of Fish and Wildlife. Developer shall be subject to the mitigation
measures recommended by the biologist. Copies of the survey shall be
provided to the Development Services Department, California Department of
Fish and Wildlife, and the U.S. Fish and Wildlife Service prior to ground
disturbance.
10. Rooftop areas of commercial buildings (e.g., office, retail, restaurant, assembly, hotel,
hospital, church, school), and industrial buildings adjacent to residentially zoned
properties, shall be completely screened by parapets or other finished architectural
features constructed to a height of the highest equipment, unfinished structural
element or unfinished architectural feature of the building.
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11. 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.)
12. 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.)
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. 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.B.
15. 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).
16. 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.
17. This item shall be brought back to the regularly scheduled Board of Zoning Adjustment
meeting on September 8, 2020, or as soon thereafter, as a Staff Communication item.
Staff shall provide an update to the Board addressing any complaints received and any
additional pertinent issues. If compliance with the conditions of approval are in dispute,
the matter could subsequently be scheduled for the Board for review on the regular
agenda. At which time the Board may take whatever actions related to the project, if
any, it deems warranted, including adoption of new and/or modification of existing
conditions of approval or initiate revocation of project approval.
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C. FIRE DEPARTMENT (2101 H Street)
(Staff contact - Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us)
1. Show on the final building plans the following items:
a. All fire lanes. Any modifications shall be approved by the Fire Department. Fire
lane identification signs shall be installed every 100 feet with red curbing when
curbing is required. All work shall be completed before occupancy of any
building or portion of any building is allowed.
b. 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 two (2) sets of the
water plans stamped by a licensed Registered Civil Engineer to the Fire
Department and two (2) sets to the Water Resources Department (1000 Buena
Vista Road, Bakersfield, CA. 93311; 661-326-3715).
(Note: Show: 1) distance to the nearest hydrant; and 2) distance from that
hydrant to the farthest point of the project site.)
C. 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.
d. 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.
e. Name and phone number of the appropriate contact person.
2. The developer must pay required fees to and 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 2 full business days before they are buried.
The Prevention Services Division (2101 H Street, 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. Where fire apparatus access roads or a water supply for fire protection are required to
be installed, such protection shall be installed and made serviceable prior to and during
the time of construction.
4. If you handle hazardous materials or hazardous waste on the site, the Prevention
Services Division may require a hazardous material management and/or risk
management plan before you can begin operations. Please contact them at 661-326-
3979 for further information.
5. All projects must comply with the current California Fire Code and current City of
Bakersfield Municipal Code.
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D. WATER RESOURCES (1000 Buena Vista Road)
(Staff contact - Tylor Hester; 661-326-3715 or THester@bakersfieldcity.us)
1. Property is located outside of the City of Bakersfield domestic water service area,
therefore, only pipelines and appurtenances related to fire water are subject to review.
2. Developer shall submit two (2) sets of water plans signed by a California Registered Civil
Engineer to the Water Resources Department showing all offsite and onsite
improvements, including connections to the existing water main and underground fire
waterlines and related apparatuses. Include any existing nearby on or off-site hydrants
on the plans. Plans shall be submitted along with applicable plan check fees and any
other associated fees per the current fee schedule. Plans shall comply with current City
Standards and Specifications, California Fire Code, and City of Bakersfield Municipal
Code. City Standards and Specifications are available for download from the City's
website at www.bakersfieIdcity.us/gov/depts./water—resources.
3. Developer shall pay the required fire water fees and submit an Inspection Request Form
to the Water Resources Department for any underground fire waterlines and their
apparatuses at least two (2) full business days before permanent construction. The
form is available for download from the City's website at
www.bakersfieldcity.us/gov/depts/water—resources.
E. PUBLIC WORKS — ENGINEERING (1501 Truxtun Avenue)
(Staff contact - George Gillburg; 661-326-3997 or GGillbur@bakersfieldcity.us)
1. The developer shall construct curbs, gutters, cross gutters, 5 -foot 6 -inch wide sidewalks,
and street/alley paving along Pine 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 construct standard accessible ramps at the {0 northeast
Onorthwest ❑southeast ❑southwest) corner of Brundage Lane and Pine 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.
3. Show on the final building plans all existing connection(s) to the public sewer system.
4. All on-site areas required to be paved (i.e. 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 (i.e. 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.
5. 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
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6. 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).
7. If the project generates industrial waste, it shall be subject to the requirements of the
Industrial Waste Ordinance. An industrial waste permit must be obtained from the
Public Works Department before issuance of the building permit. To find out what type
of waste is considered industrial, please contact the Wastewater Treatment
Superintendent at 661-326-3249.
8. 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.
9. 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.
10. 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.
11. If the project is subject to the provisions of the National Pollutant Discharge Elimination
System (NPDES), a "Notice of Intent" (N01) to comply with the terms of the General
Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No.
92-08- 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
required that a Storm Water Pollution Prevention Plan (SWPPP). be prepared,
continuously carried out, and always be available for public inspection during normal
construction hours.
12. Prior to the issuance of each building permit, or if no building permit is required, the
first required City approval prior to construction, the developer/owner shall pay a
Transportation Impact Fee (TIF) for regional facilities. This fee will be based on the rate
in effect at the time the applicable approval is issued or in accordance with the
Subdivision Map Act, as applicable. The Public Works Department will calculate an
estimate of the total fee upon submittal of construction plans for the project.
13. The developer shall either construct the equivalent full width landscaped median island
along the development's frontage or pay their proportionate share (1/2 -width) of the
total cost for the future construction of the median. Median islands shall be designed
by the first development that occurs along an applicable street frontage. That
developer shall either construct the full width landscaped median island or pay the
median island fee. The median island fee shall be satisfied by fulfilling one of the
following options: (1) Pay the standard fee of $100 per linear foot; or (2) Pay the
calculated fee based upon actual cost estimates prepared by the Project Engineer,
which shall be reviewed and approved by the City Engineer. If the median island is not
constructed by the first development along an applicable street frontage, the second
development along that street frontage shall construct the full width landscaped
median island.
CUP No. 19-0278
F.
G.
Page 112 of 13
14.. 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 Alerik Hoeh at 661-326-3576.
(Note: If already within a maintenance district, may need to update the maintenance
district form.)
PUBLIC WORKS—TRAFFIC (1501 Truxtun Avenue)
(Staff contact - George Gillburg; 661-326-3997 or GGillbur@bakersfieldcity.us)
1.. Street return type approaches, if used, shall have 20 -foot minimum radius returns with a
25 -foot minimum throat width. 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 (909) 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.
3. Show the typical parking stall dimension on the final building plans (minimum stall size is
9 feet x 18 feet and shall be designed according to standards established by the Traffic
Engineer).
4. The developer shall dedicate additional road right-of-way to the City of Bakersfield along
Brundage Lane to full 0 arterial ❑ collector ❑ local street width according to adopted
city standards.
5. The developer shall construct additional roadway, including a right turn lane, along
Brundage Lane according to adopted city standards.
PUBLIC WORKS — SOLID WASTE (4101 Truxtun Avenue)
(Staff Contact - Jesus Carrera; 661-326-3114 or jcarrera@bakersfieldcity.us)
1. 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
o��AKF9.n
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JORIGNALL
CUP No. 19-0278
Page 113 of 13
2. Show on the final building plans refuse/recycle bin enclosures. Each enclosure shall be
designed according to adopted city standard (Detail # ST -27 and ST -28), at the size
checked below 0. Before occupancy of the building or site is allowed, 3, 3 cubic yard
front loading type refuse/recycle bin(s) shall be placed within the required enclosure(s).
❑ 6' deep x 8' wide (1 bin) C 1- 8' deep x 15' wide (3 bins)
❑ 8' deep x 10' wide (2 bins) ❑ 8' deep x 20' 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 the same 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. Examples of enclosure styles can be found on (Detail # ST -32).
4. 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.
5. 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.
6. Facilities with existing refuse service must improve the service location area(s) according
to adopted City standards (Detail # ST -27 and ST -28). These improvements shall be
clearly shown on the final building plans.
7. Revise the sites plan to make the trash enclosure accessible to the refuse truck. Move
the enclosure towards the front of the site entrance.
(Note: City trucks may not drive down dead end corridors, nor back-up long distances.)
>- m
ORiGMAI
Exhibit B
(Location Map)
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BALDWIN RD BUTLER RD
LEGEND
(ZONE DISTRICTS)
R-1 One Family Dwelling
6,000 sq.ft. min lot size
R-1-4.5 One Family Dwelling
4,500 sq.ft. min lot size
E Estate
10,000 sq.ft. min lot size
R -S Residential Suburban
24,000 sq.ft./dwelling unit
R -S{ ) Residential Suburban
1, 2.5, 5 or 10 min lot size
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family)
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min lot size
1,250 sq.ft. lot area/dwelling unit
R-4 High Density Multiple Family Dwelling
6,000 sq.ft. min lot size
600 sq.fl. lot areajdwelling unit
R -H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A -20A Agriculture
20 acre min lot size
POD Planned Unit Development
TT Travel Trailer Park
MH Mohilehome
C-0 Professional and Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C -C (ommercial (enter
C -B Central Business
PCD Planned Commercial Development
M-1 Light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Th Church Overlay
05 Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
FP -P Floodplain Primary
FP -S Floodplain Secondary
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citizen Overlay
HD Hillside Development Combining
WM- West Ming Specific Plan
6
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Feet
0 170 340
Document Name: 20190806
Exhibit C
(Site Development Plan)
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ORIGNALL
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1cE ORIVEBAKE FID-O.CA 93305-163t 2520 BRUNDAGE LANE
?a.CeLycc`�• t68t)6tagtio S-ERSFIELD. CA 93304