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Home My WebLink AboutRES NO 177-19RESOLUTION NO. 17 7 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. 18-0397 TO ALLOW A RECYCLING CENTER FOR THE PURCHASING OF CALIFORNIA REDEMPTION VALUE (CRV) CONTAINERS FROM THE PUBLIC IN A C-2 (REGIONAL COMMERCIAL ZONE) DISTRICT LOCATED AT 830 UNION AVENUE (WARD 1). WHEREAS, Yadwinder Singh filed an application with the City of Bakersfield Development Services Department for a conditional use permit to allow a recycling center within a State -recognized convenience zone, for the purchasing of California Redemption Value (CRV) containers from the public (17.24.040.B.13) in a C-2 (Regional Commercial Zone) district, located at 830 Union Avenue (the "Project"); and WHEREAS, the Board of Zoning Adjustment on September 10, 2019, denied the conditional use permit to allow a recycling center within a State -recognized convenience zone, for the purchasing of California Redemption Value (CRV) containers from the public, and the decision was appealed by Dowling Aaron Incorporated on September 19, 2019; and WHEREAS, the Clerk of the City Council set Wednesday, November 6, 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, the laws and regulations relating to the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Board of Zoning Adjustment; and WHEREAS, pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, CEQA does not apply to projects which a public agency rejects or disapproves and no further analysis is necessary. WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Board of Zoning Adjustment's deliberation and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The proposed use is not essential and desirable to the public convenience and welfare. 2. The proposed use is not in harmony with the various elements and objectives of the Metropolitan Bakersfield General Plan. 3. The decision of the Board of Zoning Adjustment is upheld and Conditional Use Permit No. 18-0397 is denied. --------000---------- o�gAKF9� r J b ORIGAAL 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 SOV O 6 2019 by the following vote: YES COUNCILMEMBER: RIVERA, GON ALES, WEIR, SMITH, FREEMAN, S46H*M, PAR EIL R NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ENT: COUNCILMEMBER: -SIA I VQ.6/\ APPROVED: NOV 0 6 2019 By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: -7&- 44 RICHARD GER Deputy City Attorney Exhibits: A. Location Map B. Site Plan JU IE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 2 �gAKF9 v o ORIGINAL Exhibit A (Location Map) CUP 18-0397 AVE 3 a CITY OF BAKERSFIELD n R-1 a n _ IITH,Y7, fi a G R-1 — IOTH ST _ r E R1 n E 1 — „ E CALIFORNIA AVE= — - a B A 8 a C-2 a M-1 9 a M -i a a a B B C-2 H z M-1 z a a x r x M-1 a s M-1 c e a v a 9 9 O B s — — x - — — m - - o-- - -, - - - - - - - - P.C.D. q H Q n R R-2 e s B n R-2 B R-2 C-1 s R-2 B a a C-2 o e M-1 3 r R-2 a R-2 c R-2 n a a a s u a 3 z, m E IOTHST c r 4 Q, R-2 r v n R-2 a R-2 R-2 C-2 M-1 9 a e n 0 a B a B R-2 n R-2 a R-2 O R-2 CUP 18-0397 a R-4 C-2 - — ;3 n „ , E9TH ST n .@. - ., — m — n - — . z B & ., 9TH ST -- - — - -•i c a s 2 B Z s B u 0 z B r R-2 nx R-1 - R-1 C-2 z R-2 ? ° R"2 3 n � a r s g n a a � -EBTHST.,.,-----,m H R'2 R-2 9 C-2 a R-2 R-1 R-2 R-2 e fl 5 R-2 R-2 z a T C-2 e R2 R2 r a j- — A — — ,-j - - - — - -&6TH ST, -- - - - - - - - — - a e a R-2 a C-2 R-2 R-2 R-2 _ R-2 j LEGEND (ZONE DISTRICTS) R-1 One Family Dwelling 6,000 sq.ft. min lot size R-1-4.5 One Family Dwelling 4500 sq.H. min lot size E Estate 10,000 sq.lt. min lot size R -S Residential Suburban 24,000 sq.ft.fdwelling 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.0. min lot size (multifamily) 2500 sq.N. lot area dwelling unit R-3 Multiple Family Dwelling 6,000 sq.R. min lot size 1,250 sq.N.lot area/dwelling unit R-4 High Density Multiple Family Dwelling 6,000 sq.0. min lot size 600 sq.N.lot arealdwelling unit R -H Residential Holding 20 acre min lot size A Agriculture 6,000 sq.N. min lot size A -2 0A Agriculture 20 acre min lot size PUD Planned Unit Development TT Travel Trailer Park MH Mobilehome C-0 Professional and Administrative Office C-1 Neighborhood Commercial C-2 Regional Commercial C -C Commercial Center 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 Ch Church Overlay OS 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 At 0 125 250 Document Name: 20190BOG Exhibit B (Site Development Plan) "PI, r c� O ORIGAAL BUILDING DATA/LEGAL DESCRIPTION: Owner: Yadwinder Singh Address: 830 Union Ave, Bakersfield, CA 93307 APN# 139-141-02-00 Zoning C2 Area Lot: 17,242 sqft. Building: 3080 sqft Convenience Store/Gas Station Project: Re -Addition of Recycling Center SCOPE OF WORK: The replacement of a former recycling center which was ap- proved, for the lot but closed to allow for the installation of new gas tanks. The same equipment will be used and placed in the same location as previously ap- proved. SHEET INDEX AND NOTES VACINITY MAP PARKING STALL Ave --Valero' 3 0 m v Fo6dM6xx <`0aFy7ty,st T: zing Point of Am i - � 18 ;count Store 11 c afield, Pl�stiosE sts, sc � �,.�, Mobile Pith 6t ` ✓ �} 91 C TRAIN ".8')(,8'-,X 20,' _ Front View Side View C'J Y 0 00 SITE PLAN -830 UNION AVE, BAKERSFIED CA 93307 v YADWINDER SINGH SCALE 1"=32' NOTES: Hours of Operation 8:OOAM to 6:00 PM # of Employees = 1 full time Materials to be collected: Aluminum Cans, Glass, Plastics 1 ALLEY m 1' Ln M 80' 1 D 'C" TRAIN v 1 CONVENI,ENC STOREff :'r 25' 1 GLASS STORAGE 122 ROLL AWAY I 30' , 1 . 50' Pl1M CANOPY 50' Iw LU 1 oc I 63' mo.: 1 I�Ln 1 SIDEWALK 10' 1 143' -- — — — — — — — — — — — — — — — — — — —-IJULOLAYSNIJE—