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HomeMy WebLinkAboutRES NO 183-2020RESOLUTION NO. 18 3 —'2 6!2 A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL TO UPHOLD THE DECISION OF THE BOARD OF ZONING ADJUSTMENT AND DENY THE APPEAL FOR A CONDITIONAL. USE PERMIT TO ALLOW FOR A TRUCK STOP (17.28.030.A) IN THE M-1 (LIGHT MANUFACTURING ZONE) DISTRICT, LOCATED AT THENORTHEAST CORNER OF TAFT HIGHWAY AND SOUTH H STREET (WARD 7; CUP NO. 20-0087). WHEREAS, Lane, Engineers, LLC filed an application with the City of Bakersfield Development Services Department for a conditional use permit to allow for a truck stop (17.28.030.A) in the M-1 (Light Manufacturing Zone) district,located at the northeast corner of Taft Highway and South H Street (the "Project"); and WHEREAS, the Board of Zoning Adjustment held a public hearing on October 13, 2020 approving the_Project (Resolution No. 20-20); and WHEREAS, Ronald Morse filed an appeal with the City Clerk on October 23, 2020 of the Board.of Zoning Adjustment's decision to approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, November 18, 2020, 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 to the Board of Zoning Adjustment decision of October 13, 2020; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including 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 above recitals, incorporated herein, are true and correct. d \ 2. The City Council has considered and concurs with the findings made by the Board of Zoning Adjustment set for in Resolution No. 20-20, approved on October 13, 2020. 3. The appeal is denied and Conditional Use Permit No._ 20-0087 is hereby approved subject to the conditions of approval in Exhibit A and as shown in Exhibits B and C, which are incorporated herein. 4. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that none of the conditions set forth in CEQA Section 15162 for the preparation of a subsequent environmental document have been met; therefore, an addendum to the previously adopted MND was completed per CEQA Section 15164. ---------000---------- I Council HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the of the City� of Bakersfield at a regular meeting thereof held on NOV .19 , 220 by the following vote: COUNCILMEMBER: SERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER:. ABSEN : COUNCILMEMBER: vQ.rQ�- J LIE DRIMAKIS, CM_ C CITY CLERK and'Ex Officio Clerk of the Council of the City of Bakersfield APPROVE : NOV 18 2020 '.�AOM 4, � KAREN GOH . MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: JOS UA H. RUDNICK D uty City Attorney Exhibits: A. Conditions of Approval B. Location Map C. Site Plan 04 Exhibit A (Conditions of Approval) CUP No. 20-0087 Page 1 of 17 EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit No. 20-0087 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 fora continuous period of one (1) year or more. This time can be extended for up to one (1) additional year by the approving body. • The BZA may initiate revocation of the rights granted if there is good cause, including but not limited to, failure to comply with conditions of approval, complete construction or exercise the rights granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the premises for which the approval was granted. The BZA may also consider adding or modifying conditions to ensure the use complies with the intent of City ordinances. • Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all.the above-mentioned provisions are satisfied. II. The following conditions shall. be satisfied as part of the approval of this project: 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEC;A 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. 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. o 00 y _ � J CUP No. 20-0087 Page 12 of 17 This conditional use permit allows for a truck stop (Love's Travel Stop and Country Store) in the M-1 (Light Manufacturing Zone) district located at the northeast corner of Taft Hwy and South H Street as depicted on attached Exhibits B and C. All mitigation measures and _conditions of approval associated with General Plan Amendment/Zone Change No. 19-0292 are hereby incorporated. 4. Project proponent shall install a minimum 6 -foot tall chain link fence with slats extending from the northeast corner of the site, south along the property line to the southern edge of the truck parking area. The fence shall be installed prior to certificate of occupancy for the first building. The total cost of the fence/installation shall be borne equally between the project proponent and adjacent property owner (APN 517-030-05). A shared agreement shall be made in writing within 6 months from date of approval for this conditional use permit and a copy provided to the Planning Director. Should the adjacent property owner opt out of contributing, the fence shall not be required. Added at Board of Zoning Adjustment Meeting of October 13, 2020. 5. The permit holder shall ensure that reasonable efforts are made to remove any person from the premises who is exhibiting conduct described in Penal Code Section 415 (fighting, loud noise, offensive words in public places) or Section 647 (disorderly conduct). Added at City Council Meeting of November 18, 2020. 6. Excessive service responses from any City of Bakersfield Department/Division or an increase in criminal activity with a direct nexus to the permit holder's business operations, could result in an investigation by the Bakersfield City Police Department. The permit holder understands and agrees that the investigation findings may conclude the permit holder enter into a contractual agreement with a private security firm to provide and maintain uniformed private security officer(s) as determined by the Bakersfield Police Department and Development Services Department. Added at City Council Meeting of November 18, 2020. 7. 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. Added at City Council Meeting of November 18, 2020. 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 items listed below will usually need to be shown on the final building plans or completed before a building permit is issued. As part of the building permit submittal, identify the location of your response by using the APPLICANT'S RESPONSE line provided directly below the item (example: sheet number, detail, etc.). 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 r - v CUP No. 20-0087 - Page 13 of 17 Intent (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No. 99-08-DWQ) must be filed with the State Water Resources Control Board in Sacramento before the beginning of any construction activity. Compliance with the general permit requires that a Storm Water Pollution Prevention • Plan (SWPPP) be prepared, continuously carried out, and always be available for public inspection during normal construction hours. APPLICANT'S RESPONSE: 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. APPLICANT'S RESPONSE: Show on the final building plan pedestrian access from the public way and accessible parking. Private streets are not the public way. APPLICANT'S RESPONSE: 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. APPLICANT'S RESPONSE: 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. APPLICANT'S RESPONSE: 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. APPLICANT'S RESPON Buildings or structures shall require installation of an automatic fire sprinkler system where required by current California Building Code and City ordinance. APPLICANT'S RESPONSE: ORIG;NAL CUP No. 20-0087 Page 14 of 17 8. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. APPLICANT'S RESPONSE: 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. APPLICANT'S RESPONSE: 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). APPLICANT'S RESPONSE: 11. Show on the final building plan, electric vehicle supply equipment to facilitate future installation as required by the California Green Code. APPLICANT'S RESPONSE: B. . DEVELOPMENT SERVICES -PLANNING (1715 Chester Avenue) (Staff contact — Kassandra Gale; 661-326-3411 or kgale@bakersfieldcity.us) 1. The minimum parking required for this project has been computed based on use and shall be as follows: Proposed Square Parking Required Use Footage Ratio Parking Convenience Store 11,177 SF 1/200 SF 56 Spaces Fast Food Restaurant 3,629 SF 1/75 SF 48 Spaces Maintenance Building. 10,992 SF 1/500 SF 22 Spaces Fuel Pumps Credit 8 Fuel Pumps 2 Spaces/1 Pump (16 Spaces) Required Parking: 110 Spaces (Note: 203 parking spaces are shown on the proposed site plan. By ordinance, compact and tandem spaces cannot be counted towards meeting minimum parking requirements. For commercial development containing a multi -tenant pad, any change in use where 50 percent or more of the pad requires additional parking pursuant to Bakersfield Municipal Section 17.58.110, the Planning Director may require parking commensurate with the new use.) APPLICANT'S RESPONS CUP No. 20-0087 Page 15 of 17 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. APPLICANT'S RESPON All parking lots, driveways, drive aisles, loading areas, and other vehicular access ways, shall be paved with concrete, asphaltic concrete, or other paved street surfacing material in accordance with the Bakersfield Municipal Code (Sections 15.76.020 and 17.58.060.A.). APPLICANT'S RESPONSE: 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.) APPLICANT'S RESPONSE: 5. The developer shall include a copy of a final landscape plan with each set of the final building plans submitted to the Building Division. Building permits will not be issued until the Planning Division has approved the final landscape plan for consistency with approved site plans and minimum ordinance standards. Please refer to the landscaping requirements in Chapter 17.61. 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: Upon approval of the final landscape plan, a digital copy shall be submitted to the Planning staff contact listed above.) APPLICANT'S RESPON '- rm- U p CUP No. 20-0087 Page 16 of 17 6. 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. APPLICANT'S RESPONSE: 7. Street addresses for the project shall be designated by staff. These numbers will be the only addresses assigned by the city unless you wish to have a different address program. Internal building unit addresses will be only by suite number and will be the responsibility of the owner or developer to assign to each tenant. Please contact the Karl Davisson at 661-326-3594 for further information. (Note: It is recommended that you assign suite numbers beginning with 100, 200, 300 etc. instead of an alphabetic character. If in the future a tenant space were split, you would then be able to assign a suite number between the existing numbers, which would keep your suites in numerical order. Keeping an orderly numbering system will make it easier for customers, emergency personnel, and mail delivery to find the business.) APPLICANT'S RESPO 8. Business identification signs are. neither considered nor approved under this review (e.g. wall, monument, pylon, etc.). 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. If deviations are requested from the Sign Ordinance, approval by the Planning Commission is required.) APPLICANT'S RESPO 9. The following conditions are required as part of a grading permit: 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. Forms and instructions are available at the Planning Division or on the city's web site at https:Hbakersfieldcity.us/gov/depts/community_development/habitat. htm. ORI&N.AL CUP No. 20-0087 Page 17 of 17 The current MBHCP expires on February 28, 2022. To ensure take of covered species does not occur after the expiration date, fees must be paid no later than August 31, 2021 and all covered activities must be completed by the MBHCP expiration date of February 28, 2022. As determined by the City, only projects ready to be issued an urban development permit, grading plan approval, or building permit 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 2022 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 & 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. APPLICANT'S RESPONSE: 10. A Park Development and Improvement Fee shall be paid at the time of the building permit being issued for each independent residential unit. We will base the fee at the rate in effect at the time the -permit is issued. APPLICANT'S RESPONSE: 11. 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. APPLICANT'S RESPONSE: r- m v OialGNA L CUP No. 20-0087 Page 18 of 17 12. 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.) APPLICANT'S RESPONSE: 13. 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.) APPLICANT'S RESPONSE: 14. 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. APPLICANT'S RESPON 15. _ In the event a previously undocumented oil/gas well is uncovered or discovered on the project, the developer is responsible to contact the California Geologic Energy Management Division (CaIGEM). The developer is responsible for any remedial operations on the well required by CaIGEM. The developer shall also be subject to provisions of BMC Section 15.66.080.8. APPLICANT'S RESPONSE: 16. 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). APPLICANT'S RESPONSE: 17. 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. APPLICANT'S RESPONSE: CUP No. 20-0087 Page 19 of 17 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: 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.) All fire sprinkler and/or stand pipe systems, fire alarms and commercial hood systems. These suppression systems require review and permits by the Fire Department. The Fire Department will issue guidelines for these various items as they may apply to this project. C. Project address, including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. d. Name and phone number of the appropriate contact person. APPLICANT'S RESPONSE: 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. APPLICANT'S RESPO 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. APPLICANT'S RESPONSE: 4. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other driving surface approved by the fire chief. Must be capable of supporting the imposed load of fire apparatus weighing at least 7.5,000 pounds and shall be surfaced with the first lift of asphalt as to provide all-weather driving capabilities. All access (Permanent and temporary) to and around any building under construction must be a least 2b feet wide (26 feet c7 J" OHIG;NAL CUP No. 20-0087 Page 10 of 17 wide where building height exceeds 30 feet), with an overhead clearance of 13 feet 6 inches, and contain no obstruction. The fire apparatus access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. APPLICANT'S RESPO 5. Turning Radius: The minimum turning radius shall be thirty-seven feet. APPLICANT'S RESPONSE: 6. The developer shall submit two (2) sets of plans for permits and approvals from the Fire Department for fuel tanks or related facilities before they are installed on the site. Please contact the Prevention Services Division at 661-326-3979 for further information. - APPLICANT'S RESPONSE: 7. 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. APPLICANT'S RESPON 8. If you store hazardous materials on the site in either an underground or a permanent aboveground storage tank, a permit from the Prevention Services Division is required to install and operate these tanks. The Prevention Services Division may also require a Spill Prevention Control and Countermeasure Plan for storage of petroleum products above ground in quantities of 1,320 gallons or more. Please contact them at 661-326-3979 for -further information. APPLICANT'S RESPONSE: 9. All projects must comply with the current California Fire Code and current City -of Bakersfield Municipal Code. APPLICANT'S RESPONSE: D. WATER RESOURCES (1000 Buena Vista'Road) (Staff contact - Tylor Hester; 661-326-3715 or TH ester@ 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. APPLICANT'S RESPONSE: -P,'t' <- `' t,o ©' in U OR!GAAL CUP No. 20-0087 Page 111 of 17 2. If the property requires a dedicated fire water service line, Developer shall submit two (2) sets of utility 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.bakersfieldcity.us/gov/depts./water—resources. APPLICANT'S RESPONSE: 3. Developer shall pay the required Water Resources Fire Service Inspection Fees and submit an Inspection Request Form 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/gdv/depts/water—resources/fees.htm APPLICANT'S RESPONSE: E. PUBLIC WORKS : ENGINEERING (1501 Truxtun Avenue) (Staff contact. - Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) 1. The developer shall construct curbs, gutters, cross gutters, sidewalks, and street/alley paving along H Street and Taft Highway according to adopted city standards and as required by Public Works. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. APPLICANT'S RESPO The developer shall install streetlights along H Street and Taft Highway. The developer shall be responsible for providing the labor and materials necessary to energize all newly installed streetlights before occupancy of the building or site. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. Submit street light location plan to Public Works Department for street light number. APPLICANT'S RESPONSE: 3. The developer shall construct standard accessible ramps at the Z northeast ❑northwest ❑southeast ❑southwest corner of H Street and Taft Highway and all access locations 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. APPLICANT'S RESPONSE: 4. The developer shall install new connection(s) to the public sewer system. This connection shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. APPLICANT'S RESPONSE: c• }'t O c� m O.Ric-,;N ,L CUP No. 20-0087 Page 112 of 17 5. Show on the final building plans all existing connection(s) to the public sewer system. APPLICANT'S RESPONSE: 6. 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. APPLICANT'S RESPONSE: 7. 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. APPLICANT'S RESPONSE: 8. 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). APPLICANT'S RESPONSE: 9. 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. APPLICANT'S RESPONSE: 10. 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 prior to submitting a grading plan. Any off-site/frontage improvements or repairs required during the site inspection shall be shown on the grading plan. APPLICANT'S RESPONSE: 11. 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. APPLICANT'S RESPONSE: CUP No. 20-0087 Page 113 of 17 12. 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. APPLICANT'S RESPONSE: 13. If the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (SWRCB Order No. 2009-009-DWQ as amended by Order No. 2010-0014-DWQ and 2012-0006-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. APPLICANT'S RESPO 14. 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. APPLICANT'S RESPONSE: 15. The developer shall either construct the equivalent full width landscaped median island in H Street and Taft Highway 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. APPLICANT'S RESPON 16. 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 Louis Rodriguez at 661-326-3571. (Note: If already within a maintenance district, may need to update the maintenance district form.) APPLICANT'S RESPONSE: CUP No. 20-0087 Page 114 of 17 17. The developer shall install a full-sized manhole in each sewer line except residential development. before it connects to the sewer main. This manhole is to be located within the property being developed and must be easily accessible by City workers. APPLICANT'S RESPONSE: 18.- This project may be located within a Planned Sewer Area. Please contact the Public Works Department — Subdivisions at 661-326-3576 to determine what fees may apply. APPLICANT'S'RESPONSE: 19. This project may be located within a Planned Drainage Area. Please contact the Public Works Department — Subdivisions at 661-326-3576 to determine what fees may apply. APPLICANT'S RESPO 20. This project may be subject to Bridge and Major Thoroughfare fees. Please contact the Public Works Department — Subdivisions at 661-326-3576 to determine what fees may apply. APPLICANT'S RESPONSE: 21. Project will require approval for any work within the canal right of way from the Kern Delta Water District. APPLICANT'S RESPONSE: . F. PUBLIC WORKS - TRAFFIC (1501 Truxtun Avenue) (Staff contact - Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) 1. Street return type approaches, if used, shall have 20 -foot minimum radius returns. All dimensions shall be shown on the final building plans. APPLICANT'S RESPONSE: 2. Two-way drive aisles shall be a minimum width of 24 feet. If perpendicular (902) 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. APPLICANT'S RESPONSE: . 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). APPLICANT'S RESPONSE: cv A k", �- rn CUP No. 20-0087 Page 115 of 17 4. The Bakersfield Municipal Code (Section 17.58.050.K.) prohibits vehicles from backing out of a parking space into a street. Please revise the parking design on the final building plans to eliminate these spaces. (Note: This prohibition does not include single-family homes in residential zones, or multiple family units on local streets where the Traffic Engineer has determined that backing onto a street will not adversely affect traffic and is similar to a single-family residential driveway use.) APPLICANT'S RESPONSE: 5. Walls, fences, or trash enclosures within 10 feet of a sidewalk at an alley or driveway shall not exceed 3 feet in height above the curb flow line. You must either revise the circulation design or show on the final building plans that the maximum fence/wall height will not exceed three feet. APPLICANT'S RESPO 6. The developer shall dedicate additional road right-of-way to the City of Bakersfield along Taft Highway and South H Street to full 0 arterial ❑ collector ❑ local street width according to adopted city standards and as required by Public Works along with the grading plan submittal. (Note: The centerline of South H Street_ is planned to be shifted to the west approximately 23 feet.) (Note: Right turn deceleration lane is required for any entrance from South H Street or Taft Highway.) APPLICANT'S RESPONSE: 7. The developer shall construct additional roadway, including expanded intersection and/or right turn lanes, along Taft Highway and South H Street to full 0 arterial ❑ collector ❑ local street width according to adopted city standards and as required by Public Works. APPLICANT'S RESPONSE: S. The developer shall dedicate any sidewalk extending out of the right of way to the City of Bakersfield for the pedestrian way along all arterial streets. This must be conducted with a separate instrument or final map. APPLICANT'S RESPONSE: G. 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 CUP No. 20-0087 Page 116 of 17 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 APPLICANT'S RESPONSE: 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, 4, 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) ❑ 8' deep x 15' wide (3 bins) ❑ 8' deep x 10' wide (2 bins) 0 1 - 8' deep x 20' wide (4 bins) ❑ 8' deep x 10' wide; on skids for direct stab only (1-6 yard recycling bin) (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.) APPLICANT'S RESPONSE: 3. Examples of enclosure styles can be found on (Detail # ST -32). APPLICANT'S RESPONSE: 4. 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. If a grease interceptor is to be used instead of a grease containment bin, the plans must still show the location of an adequately sized enclosure should a grease containment bin be required at a future date. The grease containment bin shall not share the same enclosure as the refuse/recyclable/organic bin enclosure. APPLICANT'S RESPONSE: 5. 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. APPLICANT'S RESPONSE: CUP No. 20-0087 Page 117 of 17 6. If utilities are incorporated into the enclosure design, they shall not interfere with space provided for refuse bins and must provide sufficient protection measures to guard the utilities from damage. APPLICANT'S RESPONSE: 7. Enclosures shall not be located in an area that would cause refuse trucks to interfere with drive thru traffic flow entering or exiting the site, drive thru lanes, etc. APPLICANT'S RESPONSE: 8. Businesses are required to have sufficient capacity of refuse/recycling/organic material storage to go without service for 1 day (Sunday). At any time, refuse/recycling/organic services become an issue, businesses shall construct a second refuse enclosure to meet the demand. The second enclosure shall be approved by the City prior to construction. APPLICANT'S RESPONSE OR G,!u A! Exhibit B (Location Map) c7 J ORI3;NAL CUP �O��OLI I R1CH,I1�( R -S 1 R -S !�I RAS I E -i ^ m�� R -s �R-r��K-1� ' RSJrA R -i LEGEND ��CKEE RD - : :a FLrDFSDALe sT ^ - �-MC KEE'RD- '9 - - o r, GlIENFIRD-FARKDR ate. t -'' � (ZONE DISTRICTS) 0 + E = HELLISON CT'- R-1 One Family Dwelling 6,000 sq.ft min lot size z G g R-1-45 One Family Dwelling CITY OF BAKERSFIELD t o ! 4,590sq.N.min 1.1size CT A _ 9 , E Estate N'^ "CHAPTTRTEH AYEI r r - t W IOADO sq.ft-min Int sae R-1 r ! t c4 '-� y R -S Residential Submbaa R-1_ I E !r Y4,000 sgJt.fdwelling milt R-54 ) Residential Suburban 1, 25, Sar 10 min Inl size r i MORNINGTOH AVE =S4FSTBURY.CT,= 1 R-2 limited Multiple Family OwelRng R -1 -CH r' 1 4,500 sq.ft. min Inl size (single family) E y r 6,000 sq.ft, min 1.1 size (multifamily) DONHAR'HHSi< ';l xi 9 2,500sq.ft lot mea/dwelUnggait A ^`' C - STUB OAK AVE - - - a - - HELFH tydY a o r - HFLEN WAY R3 Ahdfipie Family Dwelling R-1 f 1 1 z 6,000 sq.ft. min Int size • �..�. "` = a € E a E z 1,250 sq.ft lot mealdwelling -nit 4- Y r •J w a` E R-4 High Density Multiple Family Dwelling C a `A �� " i �z, 6,000 sq.N. min Int size ' = STABLEAYE - 600 sq.ft- lot area/dwelling unit E R -H Residential Holding • u E 20 acre min Int size AAgriculture ti• y`4 t 16,000 sq.ft. mun lot size C-2 A -20A Agriculture 20 ave mm lot size PUD Planned Unit Development " F i —� �. TT Travel Trailer Park C2 1 MH Mnbilehnme GO Professional and Administrative Office • L _ ;, C-1 Neighborhood Commercial ' t, Phi -1 C-1 Regional Commercial t C 2 C-2'' ' C-2 C -C Commercial Center Cj i g C -B CentralBosiness A PCD Planned Commercial Development -TAFT ItWY ' _ _ _ _ _ _ _ _ _ _ _ ng M -I Gene al Manufacturing ' AFT -H - M-2 General Manafadrning I3 "i ti M-3 Heavy Industrial '° r '' LL�Y• 4 P Automobile Parking )M - 2 E Recreation s A C-2 Ch Chinch OverlayC-2 ? r OS Open Space HOSP Hospital overlay AD Architectural Design Overlay .s �,• A R_7 r,� FP -P Floodplain Primary a 7 FP -S Floodplain Secondary r C-2 R G4RLSRADAVc R lg 5 C:�T LIBU7,10CE(T• I AA Airport Approach M-1 M-1 a 3' M_7 ,r y r g MH ; �Iz '' 01 Drilling Island n 'S FE Petroleum Extraction Combining a u C-2 �, , MH ,.CORONA -AVE 1 r, A SC Senior Citizen OvertaY A; HO Hillside Development Combining Whit- West Ming Specific Plan '/� ,' •, ,F t< � r�-�. YS�SN CL£.'MENTP•Al.. �'� � AlcT RINGLf 4' OOD AYES � t �.._..�..�..�..�.`'� C Aiplv' ..................... BAKERSFIELD ...............J YA0 300 600 �� rG`tY LlAq1j Ouomnrt Ha�201 W?Cb Glias Exhibit C (Site Development Plan) r-. v 'J OR G NA IVNIEX�o Ld