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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. --------- 000 ------ --- o� �AKF�N F- m O ORIG;NAL 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 2 o� 6AKF9N F5 v ^ OAIGNAL� 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. o`� lbAK, 9N a T Fn v r ORIGNALP CUP No. 19-0278 Page 12 of 13 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). v ORIGWALP CUP No. 19-0278 Page 13 of 13 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 ORIGUL� CUP No. 19-0278 Page 14 of 13 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. O�gAKF � s ORiG;NAL CUP No. 19-0278 Page 15 of 13 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 O� $AK,6 9 f- m J r ORIGNALb CUP No. 19-0278 Page 16 of 13 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. o`��AKF1P ORIGNAL� CUP No. 19-0278 Page 17 of 13 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. o�vOAKFq r O b ORIGINAL CUP No. 19-0278 Page 18 of 13 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. ORIGAAL CUP No. 19-0278 Page 19 of 13 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. o`� OAKF,�N ORIG NAL CUP No. 19-0278 Page 1 10 of 13 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 Building Division. Or�gAK�r9 cJ U ONGNAL CUP No. 19-0278 Page 111 of 13 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 >- m 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) r v V ORIGNAL ;1T iZ_ 3RD ST R-2 R:; CUP 19-0278 R-1 R-1 R-1 R-1 R-1 R-1 R-1 CITY OF BAKERSFIELD BANK ST BANK ST R-1 I R-3 I R4 V I R-1 R-1 m W R-1 VERDE ST R-1 R-1 R-1 R-1 R-1 C-2 C-1 C-1 C-2 - o C-2 R-1 4 4STA DR L- a R-1 OELFINO N U-2 M C4 a a R-1 I : I R-1 Q� R-1 R-1 �� R-1 BOWEN ST C �— R-1 R-1 R-1 EGGERS ST R-1 R-1 R -1-P C1 C1 0 C-1 C-1 CUP 19-0278 BRUNDAGELN C-2 C-2 .................. o.�. ..�.�..—� .—..�..�..� C-2 R1 Rz ' ROBBIN RD TERRY ST a R-1 � L J r 58 v BRITE ST ti , R-2 z R-1 co ARDEE EEC COLTON ST a R-1 R-2 LOCH LOMOND OR TERRACE WAY * -z R -S -s -i Roosevelt Elementary School VERDE ST R-1 R-1 IST ST R-1 C-1 C-2 C-2 �R�-2-PnR-1 R005EVELT ST —.........r BRITEST 7 R-1 I! ,- P.U.D. 'j R-1 R-1 �..-..-.. . S-..�. s W Y 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 N A Feet 0 170 340 Document Name: 20190806 Exhibit C (Site Development Plan) o`1 0AKF9� � m r ORIGNALL (E) BUILDING/SITE 2592 & 2594 BRUNDAGE LANE w/ IMPROVEMENTS BRUNDAGELANE ADD S" 111E YgNEAPO, uO�TFY (E) CvflM4HO k P Ef PPAAPEi O ENOwgLLS— `(0) PEYUNOI WI RS V—e—CDW4—G..). L Y—K iDRF3A0N! .% DSL `—BEl➢n (N) i'TDHEiAYM (ttFJC 90LE —ELS (ttP.)h COLD" SOUTH EXTERIOR ELEVATION q�to (E) BUILDING/SITE 2520 BRUNDAGE LANE W IMPROVEMENTS N 0 G\T %IF/FLOOR PLAN 0' 16' D Timothy R. StO� SfTEIFLOOR PLAN - REMODEL + o architect LEEDr AP BD+C A a BANQUET HALL REMODEL jaEµl0�1J! MEMBER OF THEAMERIGAN INSTRUiE� OF ARC LOS MOLCAIETES' ESTAURANT 101 1cE ORIVEBAKE FID-O.CA 93305-163t 2520 BRUNDAGE LANE ?a.CeLycc`�• t68t)6tagtio S-ERSFIELD. CA 93304