HomeMy WebLinkAboutCUP 24-0025_Staff ReportVM | S:\04_Current Planning\02_CUP\01_Active\2024\24-0025_4801 So 'H' St_EOT_Carwash\01_PC\Final Prep\01_CUP 24-0025_Staff Report.Docx
CITY OF BAKERSFIELD
PLANNING COMMISSION
MEETING DATE: August 1, 2024 AGENDA: 5.a
TO: Chair Cater and Members of the Planning Commission
FROM: Paul Johnson, Planning Director
DATE: July 26, 2024
FILE: Extension of Time for Conditional Use Permit No. 21-0239
WARD: 1
STAFF PLANNER: Veronica Martinez, Assistant Planner
REQUEST: One-year extension of time request for Conditional Use Permit No. 21-0239 that allowed a
5,413 square-foot carwash.
APPLICANT: Freeline Architecture OWNER: Loung Chao
Jeromy Stevens 1508 Airport Dr
814 18th St Bakersfield, CA 93308
Bakersfield, CA 93301
LOCATION: 4801 South ‘H’ Street
APN: 405-020-23
PROJECT SIZE: Portion of 3.73 acres CEQA: Section 15061 (b)(3)
EXISTING GENERAL PLAN DESIGNATION: GC (General Commercial)
EXISTING ZONE CLASSIFICATION: C-1 (Neighborhood Commercial)
STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING one-year extension of time
for Conditional Use Permit No. 21-0239 as depicted in the project description and subject to the listed
conditions of approval.
SITE CHARACTERISTICS: The project site is currently vacant. Surrounding properties are primarily
developed as: north – vacant land and a single-family residential subdivision; east – South ‘H’ Street, canal,
and a mobile home subdivision; south – Pacheco Road, commercial, and a single-family residence; and
west – a single-family residential subdivision.
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EOT CUP No. 21-0239 Page 2
BACKGROUND AND TIMELINE:
• March 12, 1980 – City Council approved annexation of APN 405-020-23 into the City (Annexation
No. 280; Fairview No. 1; Resolution No. 22-80). This was part of a larger annexation area.
• February 22, 1984 – City Council approved a zone change from M-1-D (Light Manufacturing-
Architectural Design) to C-O (Commercial and Professional Office) on the northern portion of the
project site, and to C-1 (Limited Commercial) on the southern portion of the project site (Zone
Change No. 4043; Ordinance No. 2902). This was part of a larger zone change.
• April 8, 1992 – City Council approved a zone change from C-O (Commercial and Professional Office)
to C-1 (Limited Commercial) on the northern portion of the project site (Zone Change No. 5245;
Ordinance No. 3456). This was part of a larger zone change.
• February 17, 2022 – The Planning Commission approved Conditional Use Permit No. 21-0239 to
allow a 5,613-square-foot carwash in a C-1 (Neighborhood Commercial) zone district
(Resolution 15-22).
• January 12, 2024 – A request for an extension of time for Conditional Use Permit No. 21-0239 was
received by the Development Service Department Planning Division.
PROJECT ANALYSIS:
Approved Conditional Use Permit. As noted above, the Planning Commission approved this conditional
use permit to allow a 5,413 square-foot drive-thru carwash on the southern portion of a 3.73-acre vacant
lot. The proposed hours of operation are from 7:00 a.m. to 8:00 p.m., Monday through Sunday. The
development plan includes three (3) drive-thru lanes for queuing and payment kiosks that merge to one
lane at the entrance of the building. Typical of carwashes, the design includes covered canopies for access
to the 24 spaces utilized for self-service vacuuming.
Extension of Time. Pursuant to Bakersfield Municipal Code (BMC) Section 17.64.060.F, the exercise of
rights granted by a conditional use permit shall commence within two years after the date of the final
decision or the conditional use permit becomes null and void. BMC Section 17.64.060.H allows a property
owner to request a one-year extension of the time by written application before the expiration date of
the conditional use permit. The applicant submitted the request in a timely manner stating additional
time was necessary to complete compliance with the conditions of approval due to the health issues that
prevented the applicant from continuing the project.
ENVIRONMENTAL REVIEW AND DETERMINATION:
The extension of time request is not subject to the provisions of the California Environmental Quality Act
(“CEQA”) in accordance with Section 15061(b)(3) because the project extension of time will not result in
either a direct or a reasonably foreseeable indirect physical change in the environment.
PUBLIC NOTIFICATION:
Public notice for the proposed project and environmental determination was advertised in The Bakersfield
Californian and posted on the bulletin board in the City of Bakersfield Development Services Building,
1715 Chester Avenue, Bakersfield, California. All property owners within 300 feet of the project site were
notified by United States Postal Service mail regarding this public hearing in accordance with city
ordinance and state law.
EOT CUP No. 21-0239 Page 3
Comments Received. As of this writing, no written comments have been received.
CONCLUSIONS:
Recommendation. The applicant provided the application for the Extension of Time in a timely manner
and the request adheres to the extensions permitted by BMC 17.64.060. The requested one-year
extension will allow the developer additional time to submit permits. Based on information in the record,
staff recommends your Commission adopt the Resolution and suggested findings APPROVING the
extension of time for Conditional Use Permit No. 21-0239 to expire on February 17, 2025.
ATTACHMENTS:
Map Set
• Aerial
• Zone Classification
• General Plan Designation
Development Plans
Extension of Time Justification
Resolution with Exhibits
PC Resolution 15-22
RESOLUTION NO. ______ RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE A ONE-YEAR EXTENSION OF TIME (17.64.060 H.) FOR A CONDITIONAL USE PERMIT THAT ALLOW A 5,413 SQUARE-FOOT CARWASH IN A C-1
(NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT, LOCATED AT 4801 SOUTH ‘H’ STREET (CUP 21-0239).
WHEREAS, Freeline Architecture (applicant) representing Loung Chao (property
owner), filed an application with the City of Bakersfield Development Services Department to
allow a one-year extension of time (17.64.060 H.) for a conditional use permit that allowed a
5,413 square-foot carwash in a C-1 (Neighborhood Commercial) zone district, located at
4801 South ‘H’ Street (the “Project”); and
WHEREAS, a formal written request for an extension of time was received on
January 12, 2024, prior to the expiration date of February 17, 2024, of Conditional Use Permit
No. 21-0239; and
WHEREAS, the application was submitted on January 12, 2024, in accordance with the
provisions of Section 17.64.060 H. of the Bakersfield Municipal Code; and
WHEREAS, the original application of the conditional use permit was conditionally approved by the Planning Commission on February 17, 2022; and WHEREAS, the Secretary of the Planning Commission set Thursday, August 1, 2024, at
5:30 p.m. in City Council Chambers, City Hall South, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to
consider the proposed conditional use permit, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and
WHEREAS, at the public hearing (no testimony was received either in support or
opposition of the Project) (testimony was received only in support/opposition/both in support and opposition of the Project); 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 Planning Commission; and
WHEREAS, the above-described project is exempt from the requirements of CEQA in
accordance with Section 15061(b)(3); and
WHEREAS, the City of Bakersfield Development Services Department (1715 Chester
Avenue, Bakersfield, California) is the custodian of all documents and other materials upon
which the environmental determination is based; and
WHEREAS, the facts presented in the staff report and evidence received both in writing
and by verbal testimony at the above referenced public hearing support the following
findings:
VM \S:\04_Current Planning\02_CUP\01_Active\2024\24-0025_4801 S H St_EOT\01_PC\Final Prep\05_CUP 24-
0025_Resolution.docx
1. All required public notices have been given. Hearing notices regarding the
Project were mailed to property owners within 300 feet of the Project area and published in The Bakersfield Californian, a local newspaper of general
circulation, 10 days prior to the hearing.
2. The provisions of CEQA have been followed.
3. Pursuant to State CEQA Guidelines Section 15061(b)(3), the activity (extension
of time) is not considered a project for purposes of CEQA. CEQA does not
apply if the activity extension of time will not result in either a direct or a
reasonably foreseeable indirect physical change in the environment.
4. This request for an extension of time is pursuant to Bakersfield Municipal Code
Section 17.64.060 H.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows:
1. The above recitals, incorporated herein, are true and correct.
2. This project is exempt from the requirements of CEQA.
3. Conditional Use Permit No. 21-0239 as described in this resolution, and as
originally conditioned by the Planning Commission (Resolution 15-22), is hereby approved subject to the conditions of approval in Exhibit A and as shown in
Exhibits B and C. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting held on the 1st day of
August, 2024, on a motion by Commissioner _______, seconded by Commissioner ________ the following vote:
AYES:
NOES:
RECUSE:
ABSTAIN:
ABSENT:
APPROVED
____________________________________
DANIEL CATER, CHAIR
City of Bakersfield Planning Commission
Exhibit: A. Planning Commission Resolution 15-22
RESOLUTION NO. 15-22
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 5,413 SQUARE FOOT CARWASH
(17.22.040.A.7) IN A C-1 (NEIGHBORHOOD COMMERCIAL ZONE) DISTRICT, LOCATED AT 4801 S. H STREET. (CUP 21-0239)
WHEREAS, Freeline Architecture filed an application with the City of Bakersfield Development Services Department for a conditional use permit to allow a 5,413 square foot
carwash ( 17.22.040.A.7) in a C-1 (Neighborhood Commercial zone) district, located at 4801 S. H Street (the "Project"); and
WHEREAS, the Secretary of the Planning Commission set Thursday, February 17, 2022, at 5:30 p.m. in City Council Chambers, City Hall South, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the proposed conditional use permit, and notice of the public hearing was given in the manner provided in Title 1 7 of the Bakersfield Municipal Code; and
WHEREAS, at the public hearing, no testimony was received either in support or opposition of the Project; 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 Planning Commission; and
WHEREAS, the above described project is exempt from the requirements of CEQA in accordance with Section 15332; and
WHEREAS, the City of Bakersfield Development Services Department ( 1715 Chester A venue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and
WHEREAS, the facts presented in the staff report and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings:
1.All required public notices have been given. Hearing notices regarding theProject were mailed to property owners within 300 feet of the Project area andpublished in The Bakersfield Californian, a local newspaper of generalcirculation, 1 0 days prior to the hearing.
2.The provisions of CEQA, the State CEQA Guidelines, and the City of BakersfieldCEQA Implementation Procedures have been followed. Staff determined thatthe proposal is a project that is exempt from CEQA pursuant to Section 15332because the project is an infill development.
3.The proposed use is essential and desirable to the public convenience andwelfare.
4.The proposed use is in harmony with the various elements and objectives of the
Metropolitan Bakersfield General Plan.
5. The project would result in a development that is consistent with the intent of
both the Metropolitan Bakersfield General Plan and the Bakersfield Municipal
Code.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows:
1. The above recitals, incorporated herein, are true and correct.
2. This project is exempt from the requirements of CEQA.
3. Conditional Use Permit No. 21-0239 as described in this resolution, is hereby
approved subject to the conditions of approval in Exhibit A and as shown in
Exhibits B and C.
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Planning Commission of the City of Bakersfield at a regular meeting held on the 1 7th day of
February, 2022, on a motion by Commissioner Cater, seconded by Commissioner Bashirtash
the following vote:
AYES:
NOES:
RECUSE:
ABSTAIN:
ABSENT:
Exhibits:
Commissioner Koman, Lomas, Bashirtash, Bittle, Bowers, Cater
None
None
None
Commissioner Wade
A.
B.
C.
· y of Bakersfield Planning Commission
Conditions of Approval
Location Map
Site Plan
2
Exhibit A:
Conditions of Approval
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit No. 21-0239
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
Planning Commission 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 Planning Commission 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 Planning Commission 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 CEQA approval or any related development approvals or
conditions whether imposed by the City, or not, except for CITV'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.
CUP No. 21-0239 Page I 2 of 14
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 for a 5,413 square foot carwash in the C-1 (Neighborhood
Commercial Zone) district located at 4801 S. H Street as depicted on attached Exhibits B and C.
3. Patron car radios and entertainment systems shall be turned off or be completely inaudible
while in the entrance queue and while vacuuming their vehicles. Signage indicating this
requirement shall be posted.
4. The carwash service hours shall be limited from 7 a.m. to 8 p.m. daily.
Ill. 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.
A.
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 APPLICANTJS RESPONSE line provided directly below the item (example: sheet
number, detail, etc.).
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 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: _______________________ _
CUP No. 21-0239 Page I 3 of 14
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.
APPLICANT'S RESPONSE: ______________________ _
3. 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. 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: --------------------------
5. The Building Division will calculate and collect the appropriate school district impact fee at the
time they issue a building permit.
APPLICANT'S RESPONSE: --------------------------
6. 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: _____________________ _
7. Show on the final building plan, electric vehicle supply equipment to facilitate future installation
as required by the California Green Code.
APPLICANT'S RESPONSE:. ______________________ _
(Continued)
CUP No. 21-0239 Page I 4 of 14
B. DEVELOPMENT SERVICES -PLANNING {1715 Chester Avenue)
(Staff contact: Ryder Dilley -661-326-3616 or RDilley@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
Office 200 sq. ft. 1 space/250 sq. ft. 1 space
Total Required Parking: 1 space
(Note: 6 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 RESPONSE: ______________________ _
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 RESPONSE: _____________________ _
3. 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: _______________________ _
CUP No. 21-0239 Page I 5 of 14
5. The developer shall include a final landscape plan with each set of the 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: 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.)
APPLICANT'S RESPONSE: --------------------------
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 RESPONSE: ______________________ _
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.
CUP No. 21-0239 Page I 6 of 14
(Note: Signs must comply with the Sign Ordinance; Chapter 17.60 of the Bakersfield Municipal
Code. Review this Chapter as part of due diligence.)
APPLICANT'S RESPONSE: ______________________ _
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
www.bakersfieldcity.us (go to Development Services Department).
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year
2023. Projects may be issued an urban development permit, grading plan approval, or
building permit and pay fees prior to the 2023 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 2023
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 2023 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.
CUP No. 21-0239
C.
Page I 7 of 14
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. 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: ______________________ _
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.)
APPLICANT'S RESPONSE: _____________________ _
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.)
APPLICANT'S RESPONSE: --------------------------
13. Storage of materials and merchandise is prohibited unless screened in accordance with the
municipal code. Sales of merchandise shall not be permitted in any required parking area. Sales
of merchandise shall be conducted and/or contained within an enclosed building or within a
screened area dedicated for such use.
(Note: This does not include outdoor seating areas for restaurants.)
APPLICANT'S RESPONSE: ______________________ _
14. A solid 6-foot-high wall with a surface area weight of at least 5 psf will be constructed along the
western property line extending past residential receiver R-7 (4608 Lookout Mountain Court).
APPLICANT'S RESPONSE: ________________________ _
CUP No. 21-0239 Page I 8 of 14
C.
15. 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 RESPONSE: _____________________ _
16. 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
(CalGEM). The developer is responsible for any remedial operations on the well required by
CalGEM. The developer shall also be subject to provisions of BMC Section 15.66.080.B.
APPLICANT'S RESPONSE: --------------------------
17. 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: ______________________ _
18. 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: --------------------------
FIRE DEPARTMENT (2101 H Street)
(Staff contact -Ernie Medina; 661-326-3682 or EMedina@bakersfieldfire.us)
1. Show on the final building plans the following items:
a. 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.)
CUP No. 21-0239 Page I 9 of 14
b. 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.
C. Name and phone number of the appropriate contact person.
APPLICANT'S RESPONSE: --------------------------
2. 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: _____________________ _
3. 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 RESPONSE: --------------------------
4. 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)
E.
(Staff contact-Ivan C. Rodriguez; 661-326-3715 or ICastaneda@bakersfieldcity.us)
1. At this time, there are no applicable conditions for the proposed project. Conditions may be
added if the project changes.
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 S. H Street and Pacheco Road 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: --------------------------
2. The developer shall install a minimum of 1 streetlight along S. H Street. 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 and contact the Public Works Department at (661) 326-3584 for
street light number.
APPLICANT'S RESPONSE: ______________________ _
CUP No. 21-0239 Page I 10 of 14
3. The developer shall construct standard accessible ramps at the northwest corner of S. H Street
and Pacheco Road 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: --------------------------
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: ______________________ _
CUP No. 21-0239 Page I 11 of 14
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: ______________________ _
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 RESPONSE: --------------------------
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 may need to upgrade the median island in S. H Street. Contact Fidel Gonzalez at
661-326-3268 to confirm requirements.
APPLICANT'S RESPONSE: _______________________ _
CUP No. 21-0239 Page I 12 of 14
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 Adam Cordero at 661-326-3576.
(Note: If already within a maintenance district, may need to update the maintenance district
form.)
APPLICANT'S RESPONSE: ______________________ _
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 RESPONSE: --------------------------
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: _____________________ _
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, as per
standard ST-3. All dimensions shall be shown on the final building plans.
APPLICANT'S RESPONSE: ______________________ _
2. The developer shall construct additional roadway, including right turn lanes, along 5. H Street at
driveway according to adopted city standards.
APPLICANT'S RESPONSE: ______________________ _
CUP No. 21-0239 Page I 13 of 14
G.
3. 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: --------------------------
PUBLIC WORKS -SOLID WASTE (4101 Truxtun Avenue)
(Staff Contact -Richard Gutierrez: rmgutierrez@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
Front loader bin services --
Roll-off compactor service --
1 cubic yard/week or less 1 time per week
1 cubic yard/week -12 cubic yards/day
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, 3, 3-cubic yard front loading type
refuse/recycle bin(s) shall be placed within the required enclosure(s).
IZI 8' deep x 15' wide (3 bins)
□ 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-27-ST-29B).
APPLICANT'S RESPONSE: ______________________ _
CUP No. 21-0239 Page I 14 of 14
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.
APPLICANT'S RESPONSE: ______________________ _
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. 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: ______________________ _
6. Facilities with existing refuse service must improve the service location area(s) according to
adopted City standards (Detail# ST-27 and ST-29B). These improvements shall be clearly shown
on the final building plans.
APPLICANT'S RESPONSE: --------------------------
7. 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: --------------------------
8. 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: --------------------------
9. 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: ______________________ _
10. Revise the site plan to make the trash enclosure accessible to the refuse truck. City trucks may
not drive down dead-end corridors, nor back-up long distances; therefore, a turn-around area
shall be provided.
APPLICANT'S RESPONSE: _____________________ _
Exhibit B:
Location Map
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6.000 1qfl. 111io lol 11rn
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6.000 IQ fl 11110 lot 1irn
600 1qfL lot or ea:dwellin!J unit
R·H Residenliol lloldmg
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6 000 sq.fl 111111 lut 1irn
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Exhibit C:
Site Plan
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