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CITY OF BAKERSFIELD
PLANNING COMMISSION
STAFF REPORT
MEETING DATE: October 17, 2024 AGENDA CATEGORY: 6.a
TO: Chair and Members of the Planning Commission
FROM: Paul Johnson, Planning Director
DATE: October 11, 2024
FILE: Conditional Use Permit No. 24-0390
STAFF PLANNER: Veronica Martinez, Assistant Planner
REQUEST: A proposed conditional use permit to allow a California Redemption Value (CRV) recycling
center on a 0.22-acre parcel within a convenience zone. (Ward 2)
APPLICANT: Ethosphere Studio OWNER: Dulai & Gill Enterprise, Inc.
Elizabeth Hernandez 4602 Oceanrock Avenue
1800 21st Street, Suite B Bakersfield, CA 93313
Bakersfield, CA 93301
LOCATION: 2732 Brundage Lane APN: 008-212-35
PROJECT SIZE: 0.22 acres CEQA: n/a
EXISTING GENERAL PLAN DESIGNATION: GC (General Commercial)
EXISTING ZONE CLASSIFICATION: C-1 (Neighborhood Commercial)
STAFF RECOMMENDATION: Adopt Resolution and suggested findings DENYING Conditional Use Permit
No. 24-0390 as depicted in the project description.
SITE CHARACTERISTICS: The project site is developed with a convenient store. Surrounding properties are
developed as: north – single family residential; east – commercial (retail and tire business); south –
commercial (car stereo and hydroponic shop); and west – commercial (print shop).
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CUP No. 24-0390
TIMELINE:
The following is a timeline of actions related to updating the municipal code for “Recycling centers, as
defined by Public Resources Code Section 14520, that are within a convenience zone, as defined by Public
Resources Code Section 14509.4.”
• March 21, 2018 – The City Council referred the issue of recycling centers to staff. Specifically,
concerns with the impacts (aesthetics, noise, smell, rodents, crime, and empty shopping carts)
that recycling centers were having on adjacent neighborhoods.
• September 20, 2018 – The Planning Commission reviewed proposed amendments to the
municipal code that included requiring a conditional use permit (CUP) for all California
Redemption Value (CRV) recycling centers in commercial zones and ministerially permitting
recycling centers in industrial zones AND if located within a California-recognized convenience
zone. Recycling centers located outside a convenience zone were not permitted. A motion was
made to approve the proposed amendments and recommended the same to City Council.
• October 17, 2018 – City Council was presented first reading on CRV recycling centers. Following
Council discussion, a motion was made to require a CUP for CRV recycling centers in all
commercial zones and all industrial zones except the M-3 (Heavy Industrial Zone), where the CRV
centers would not be a permitted or conditionally permitted use.
• November 1, 2018 – Planning Commission considered the October 2018 changes and approved
the proposed amendments and recommended the same to City Council.
• November 7, 2018 – City Council adopted ordinances amending the municipal code to require a
CUP for CRV recycling centers in all commercial zones and all industrial zones except the M-3 zone
where the CRV centers would not be permitted or a conditionally permitted use. As noted above,
this was only for recycling centers located within a California-recognized convenience zone.
Recycling centers located outside a convenience zone were not permitted.
BACKGROUND - RIVERA’S RECYCLING, INC.:
The following is background information on recycling operations associated with Rivera’s Recycling, Inc.
which is the operator for the current request.
• 401 Brundage Lane
o June 2023 – CalRecycle recognized that Rivera’s Recycling, Inc. was operating a recycling facility
at this site.
o October 2023 – Due to a public complaint, Code Enforcement investigated and cited the
property for operating a recycling facility without the necessary City permits.
o November 2023 – The recycling facility ceased operations.
• 600 Brundage Lane
o November 2023 – The Planning Commission considered a request by Rivera’s Recycling, Inc. to
allow a recycling facility at this site (Conditional Use Permit No. 23-0332). At that meeting, three
people spoke in favor of approving the recycling center and four people spoke in opposition.
One person gave a rebuttal in favor and three people rebutted in opposition. Following
deliberations, the Planning Commission accepted staff’s recommendation and denied the
project for the following reasons (Resolution No. 86-23):
CUP No. 24-0390
✓ The proposed use is not essential and desirable to the public convenience and welfare;
✓ The proposed use is not in harmony with the various elements and objectives of the
Metropolitan Bakersfield General Plan; and
✓ The project would not result in a development that is consistent with the intent of both the
Metropolitan Bakersfield General Plan and the Bakersfield Municipal Code.
• 2732 Brundage Lane (current request)
o May 2024 – CalRecycle recognized that Rivera’s Recycling, Inc. was operating a recycling facility
at this site.
o June 2024 – An application to allow for a recycling center was submitted to the City (Conditional
Use Permit No. 24-0390). As part of staff’s review of the project, a noise and odor analysis was
requested to identify any potential impacts of the recycling operation on surrounding uses.
o August 2024 – Due to a public complaint, Code Enforcement investigated and cited the property
for an unpermitted metal storage container and a porta-potty located on site.
o August 2024 – Staff met with the applicant and operator to discuss the application. It was stated
during the meeting that the cost of the studies was cost prohibitive, and they requested the
conditional use permit be processed without the studies. Staff acknowledged the situation and
made it clear to everyone that if the project was scheduled for consideration by the Planning
Commission, staff’s recommendation could not be favorable for the applicant without
demonstrating there were no potential impacts caused by the recycling facility.
o September 2024 – The recycling facility ceased operations.
BACKGROUND - CALIFORNIA RECYCLING:
Who has oversight of California recycling operations? The California Department of Resources Recycling
and Recovery (CalRecyle) is a branch of the California Environmental Protection Agency that oversees the
state's waste management, recycling, and waste reduction programs. CalRecycle was established in 2010
with a mission to protect California’s environment and climate for the health and prosperity of future
generations through the reduction, reuse and recycling of California resources, environmental education,
disaster recovery and the transition from a disposable to a fully circular economy.
What is a certified recycling center? A Recycling Center is an operation certified by CalRecyle and must
accept all CRV containers from consumers including aluminum, glass, plastic, bimetal, and beverage
containers that are boxes, bladders or pouches containing wine, distilled spirits, wine coolers, or distilled
spirit coolers. Additionally, a recycling center must “map” the correct CRV refund for each container type:
5 cents for containers less than 24 ounces; 10 cents for containers 24 ounces or larger; and 25 cents for
boxes, bladders or pouches containing wine, distilled spirits, wine coolers, or distilled spirit coolers.
According to the Calrecycle website, there are currently 1,284 recycling centers statewide that buy back
empty CRV beverage containers.
What is a convenience zone? Convenience zones provide more local places where Californians can
redeem beverage containers. A convenience zone is typically a one-mile radius circle with the center point
originating at a supermarket that meets the following definitions:
• Supermarket is identified in the Progressive Grocer Marketing Guidebook.
• Supermarket gross annual sales are $2 million or more.
• Supermarket is considered a “full line” store that sells a line of dry groceries, canned goods, or non-
food items and perishable items.
CUP No. 24-0390
By law, there must be at least one certified recycling center that can redeem all CRV containers in a
convenience zone’s radius unless other conditions are met. One recycling center in a convenience zone
means it is a “served” zone.
What are handling fees? Handling fees are monthly payments made by Calrecycle to recycling centers
that meet certain eligibility requirements. A recycler may be eligible for handling fees if they meet the
conditions of the law that include:
• The recycler is certified and redeems all CRV container types.
• The recycler is the only recycler in a convenience zone.
• If a recycler is a for-profit business in an urban area, the recycling center must be on-site or next to
a beverage dealer.
What is the purpose of handling fees? Calrecycle makes handling fee payments to recyclers to provide
incentives for the convenient redemption of empty beverage containers. These payments encourage
increased redemptions and reward operational efficiency at supermarket site recycling centers, nonprofit
convenience zone recycling centers, and rural region recycling centers operating within convenience
zones.
Effective July 1, 2024, CalRecycle calculated the monthly handling fee at the rate of $0.01158 per beverage
container redeemed, or approximately $1.00 for every 86 containers. With the passage of SB 156, this fee
was revised from the previous $0.00607 per beverage container redeemed.
Can multiple overlapping convenience zones be served by a single recycling center? Yes. Overlapping
convenience zones are common in urban areas. If a recycling center is located in a convenience zone,
where one or more convenience zones overlap, each of these zones is served by this recycling center.
Can CalRecycle make handling fee payments to more than one operational recycling center in a zone?
No. If there is more than one recycler in a convenience zone, neither recycler is eligible to receive handling
fees
PROJECT ANALYSIS:
Project Summary. The applicant is requesting approval of a conditional use permit to allow a CRV recycling
facility within a “served” convenience zone in the C-1 (Neighborhood Commercial) zone district. As
proposed, the recycling facility will be utilizing approximately 750 square feet of a 10,500 square foot
parcel.
Project Operations. The operation will consist of one 8’ x 22’ (176-square foot) metal storage container
and one pop-up 10’ x 10’ (100 square feet) canopy tent. Equipment will be powered by a solar-powered
generator. The container will be used for storage of collected materials until removed from the site. The
proposed operations are 7 days a week, Monday through Saturday, 8:00 a.m. to 5:00 p.m., and Sundays,
9:00 a.m. to 3:00 p.m. There will be one employee on site.
As noted in the background section, during the review of the project, staff requested an odor and noise
analysis to be conducted and submitted for evaluation of the site pertaining to any impacts. When staff
met with the applicant and operator on August 13, 2024, it was conveyed by the applicant that the studies
would not be submitted due to the financial hardship pertaining to the associated cost.
CUP No. 24-0390
Existing Convenience Zone and Recycling Centers. According to CalRecycle, there are 49 supermarkets
that qualify as a convenience zone within the City of Bakersfield. Of those supermarket convenience
zones, 40 are served, 4 are unserved, 4 are exempt, and 1 is in a holding pattern.
CalRecycle also identified 27 recycling centers located within the City of Bakersfield. In reviewing this list,
it is relevant to note that some recycling centers serve multiple Convenience Zones. Additionally, the list
also contains recycling centers that may be operating without the necessary City approval.
The proposed recycling center is in a convenience zone established by an Albertsons located at 1520
Brundage Lane. According to CalRecycle, this zone is already served by the following two recycling centers:
• Stop N Recycle is located at 349 Union Avenue approximately 0.92 miles to the northeast. This
recycling center was approved by the City through Site Plan Review No. 18-0422, prior to the
requirement for obtaining a conditional use permit.
• Rivera’s Recycling Inc. is located at 2732 Brundage Lane approximately 0.9 miles to the west. As
noted above, this recycling center was operating without City approval; however, as a result of a
code complaint, the facility is now closed as they go through the permitting process.
Subject Parcel and Norther Parcel. This parcel is a corner lot, with access from Brundage Lane and Myrtle
Street. Per Bakersfield Municipal Code Section 17.04.670, the front yard of a corner lot is the yard adjacent
to the shorter street frontage, except in those cases where the latest deed restrictions specify another
line as the front lot line. Therefore, the front yard on this parcel is Brundage Lane; hence, the 2732
Brundage Lane address. The importance of establishing the front yard is to identify the rear yard as the
area where the proposed recycling facility will be located.
As noted above, development to the north (rear yard) consists of a single-family residence and detached
garage. This northern parcel is split-zoned C-1 (Neighborhood Commercial) and R-1 (Single-Unit Dwelling),
with the C-1 zone being adjacent to the project site. However, the entire northern parcel has a designation
of LR (Low Density) residential which is consistent with the single-family development. The split zoning
appears to be a mapping error, but because staff is unable to confirm, the parcel is recognized as split-
zoned. Regardless, if the property owner wanted to convert the detached garage to an Accessory Dwelling
Unit (ADU), which is partially located in the C-1 zone, staff would allow the ADU without requiring a zone
change from C-1 to R-1.
Bakersfield Municipal Code Section 17.22.090.A, states that parcels zoned C-1 shall require a rear yard of
not less than 20 feet when the lot abuts any R zone. Although this section does not apply since the rear
yard of the subject parcel abuts the C-1 zone of the northern parcel, it is relevant to note that should the
detached garage be converted into a dwelling unit, the ADU would be less than 6 feet from the recycling
operation, separated by a block wall.
Metal Storage Containers. The metal storage containers are subject to specific design criteria, which
include limitations on how they can be utilized. These include, but are not limited to the following:
• Metal storage containers shall not exceed a height of 8 feet, and not exceed an area of 320 square
feet.
• Each metal storage container shall be painted a neutral, earth-tone, site-compatible color.
• The metal storage container shall be screened so that it is not visible from public streets.
• Under no circumstances shall any metal storage container be used for an office, residence, or other
purpose involving human occupancy.
CUP No. 24-0390
Privies (Porta-Potty). As noted above, a porta-potty was brought on-site as part of the recycling facility.
Although it has since been removed, it is relevant to note that Bakersfield Municipal Code Section
14.24.030, states that the health officer can only issue permits for the construction or placing of privies
within the City for temporary use by construction workers, carnivals, circuses, public gatherings and under
such other circumstances where in the sound judgment of the health officer it is deemed to be for the
best interests of public health and sanitation to issue such permits. These permits expire 30 days from the
date of issuance but can be renewed for 30 days at the discretion of the health officer. Therefore, a porta-
potty would be prohibited as part of a permitted recycling facility.
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.
Signs are required as part of the public notification process and must be posted between 20 to 60 days
before the public hearing date. Photographs of the posted signage and the Declaration of Posting Public
Hearing Notice signed by the applicant are on file at the Planning Division.
Comments Received. As of this writing, no written comments have been received.
CONCLUSIONS:
Findings. Bakersfield Municipal Code (B.M.C.) Section 17.64.060.D contains specific findings that must be
made for your Commission to approve the requested conditional use permit. Specifically, the section
states that a conditional use permit shall be granted only when it is found that:
1. The proposed use is deemed essential or desirable to the public convenience or welfare; and
2. The proposed use is in harmony with the key elements and objectives of the general plan and
applicable specific plans.
B.M.C. Section 17.64.060.E also states that a conditional use permit may be subject to conditions as
deemed appropriate or necessary to assure compliance with the intent and purpose of the zoning
regulations and the various elements and objectives of the general plan and applicable specific plans and
policies of the city or to protect the public health, safety, convenience, or welfare.
Staff Conclusion. Staff received written confirmation from CalRecycle stating the proposed location,
2732 Brundage Lane, falls within a designated convenience zone. Nonetheless, taking into consideration
available information provided at the time of this writing, and in accordance with the above findings, staff
concludes the current location of the CRV recycling facility cannot be considered essential or desirable to
the public's convenience or welfare. Specifically,
• This convenience zone is already served with an existing recycling facility, leading CalRecycle to
discontinue providing handling fees as an incentive in this area.
• The operator has not demonstrated the recycling facility would have no negative impacts on the
surrounding residential neighborhood, to include the adjacent single-family residence.
CUP No. 24-0390
Additionally, the recycling facility is not in alignment with the broader goals and objectives of the general
plan to include:
• Accommodate new development, which captures the economic demands generated by the
marketplace and establishes Bakersfield's role as the capital of the southern San Joaquin Valley
(Policy 1).
• Accommodate new development, which is compatible with and complements existing land uses
(Policy 3).
• Allow for the development of a variety of commercial centers/corridors, which are differentiated
by their function, intended users, and level of intensity, including convenience centers serving local
residential neighborhoods, sub-regional centers that serve groupings of neighborhoods, and major
regional centers, which serve the planning area and surrounding areas (Goal 15).
Staff Recommendation. Based on the above assessment, staff recommends DENYING Conditional Use
Permit No. 24-0390 as the findings for approval cannot be achieved.
Comment. It is worth noting that if the applicant identifies a location within an unserved convenience
zone, staff believes that the conditions for approval as outlined above could potentially be met.
ATTACHMENTS:
Map Set
• Aerial
• Zone Classification
• General Plan Designation
Site Plan
Operational Statement
Resolutions with Exhibits
MAP SET
Conditional Use Permit
24-0390
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30'30'143'73.5'
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LIMITED COMMERCIAL LIMITED COMMERCIAL
2' - 9 1/4"24' - 0"3' - 0"EXISTING DRIVE APPOACH29' - 9 1/4"3' - 0"24' - 0"3' - 0"EXISTING DRIVE APPROACH30' - 0"3' - 0"32' - 6"3' - 0"
EXISTING DRIVE APPROACH
38' - 6"SETBACK10' FRONT YARDEXISTING BUILDINGEXISTING BUILDING
(2,624 SF.)(2,624 SF.)
45' - 5 3/4"21' - 6 1/4"
TO PL
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NEW 8'x22' METAL NEW 8'x22' METAL
STORAGE CONTAINER STORAGE CONTAINER
±176 SF±176 SF
NEW 10'x10'
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TENT
NEW 8' - 0" LONG
TABLE
EXISTING SIDEWALK, CURB AND
GUTTER PER CITY STANDARDS
NOTE: REPAIR OR REPLACE ALL
DAMAGED, MISSING, DILAPIDATED
SIDEWALK, CURB AND GUTTER PER
CURRENT ACCESSIBILITY AND CITY
STANDARDS
DASHED LINE DENOTES ACCESSIBLE PATH OF TRAVEL TO PUBLIC RIGHT
OF WAY. NOTE: THERE SHALL BE NO
VERTICAL OFFSET GREATER THAN
1/4" ALONG THE ENTIRE PATH OF TRAVEL FROM PUBLIC RIGHT OF WAY
TO MAIN ENTRANCE - SEE
4' - 0"5' - 0"9' - 0"18' - 0"
EXISTING POLEC-1 ZONEC-1 ZONELIMITED COMMERCIALLIMITED COMMERCIALR-1 (008-212-036)R-1 (008-212-036)
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EXISTING POLE
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EXISTING
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EXISTING
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SLOPE TO DRAIN TO STREET AND
EXISTING CITY STORM DRAIN
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EXISTING ASPHALT PAVEMENT
EXISTING CONCRETE
SITE LEGENDSITE LEGEND
PROJECT DATAPROJECT DATA
JURISDICTION:
PROJECT ADDRESS:
APN:
ZONING:
LAND USE:
CURRENT USE:
EXISTING OCCUPANCY:
NEW RECYCLING FACILITY
OCCUPANCY:
CONSTRUCTION TYPE:
SPRINKLERS:
NUMBER OF STORIES:
LOT SIZE:
EXISTING BUILDING AREA:
PROPOSED SHIPPING STORAGE CONTAINER AREA:
CITY OF BAKERSFIELD
2732 BRUNDAGE LN.
BAKERSFIELD, CA 93304
008-212-35-9
C-1 LIMITED COMMERCIAL
GENERAL COMMERCIAL
2304 - MINI-MART
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NO
1
0.22 ACRES
±±2,624 SF
±±176 SF
1.PRIOR TO ISSUING A BUILDING PERMIT, THE BUILDING DIVISION WILL CALCULATE AND COLLECT THE APPROPRIATE SCHOOL DISTRICT IMPACT FEES.
2. STORAGE OF MATERIALS AND MERCHANDISE IS PROHIBITED UNLESS SCREENED
IN ACCORDANCE WITH THE BAKERSFIELD 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.
3. 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.
GENERAL NOTES:GENERAL NOTES:
THIS PROJECT CONSISTS OF A NEW BEVERAGE CONTAINER RECYCLING FACILITY IN AN
EXISTING COMMERCIAL LOT.
EXISTING PARKING TO REMAINEXISTING PARKING TO REMAIN
PARKING REQUIRED:NOT REQUIRED FOR
RECYCLING CENTER
NEW CONCRETE PAVEMENT
PARKING CALCULATIONS:
SCOPE OF WORK
VICINITY MAPVICINITY MAP N
BRUNDAGE LNBRUNDAGE LN
PROJECT PROJECT
LOCATIONLOCATIONOAK STOAK STSPRUCE STBANK ST
OAKBANK RDCYPRESS STBEECH STMYRTLE ST58 HWY58 HWY
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CEDAR STLevel 10' - 0"
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PER CITY STANDARDS
N
NEW 8'x22' METAL NEW 8'x22' METAL
STORAGE CONTAINER STORAGE CONTAINER
±176SF±176SFVERTICAL1/4" MAXVERTICAL1/4" MAX BEVELED1/4" MAX BEVELED1/4" MAX5% MAX2% MAX
B-BB-BA-AA-A
ABBCROSS SLOPEPATH OF
TRAVEL
A
SHEETSHEET
DRAWN BY:DRAWN BY:
PROJECT NO.PROJECT NO.
2005 EYE STREET, SUITE 5 BAKERSFIELD, CA 93301(661) 487-5775 | www.ethospherestudio.com
THE INCLUDED DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS AND ARRANGEMENTS REPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF ETHOSPHERE STUDIO AND NO PART THEREOF SHALL
BE COPIED, DISCLOSED TO OTHERS OR USE IN CONNECTION WITH ANY WORK OR PROJECT OTHER THAN THE SPECIFIC PROJECT DEVELOPED WITHOUT THE WRITTEN CONSENT OF ETHOSPHERE STUDIO. VISUAL CONTACT WITH THESE DRAWINGS OR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS. SUBMITTAL OF THESE DOCUMENTS FOR PUBLIC
AGENCY REVIEW SHALL NOT BE CONSIDERED A WAIVER OF ETHOSPHERE STUDIO'S RIGHTS.
CHECKED BY:CHECKED BY:
01020
A101
SITE PLANSITE PLANBRUNDAGE RECYCLINGBRUNDAGE RECYCLING2732 BRUNDAGE LANEBAKERSFIELD, CA 93304RD
CA24-1018
EH 1" = 10'-0"1SITE PLAN
1/4" = 1'-0"2NORTH ELEVATION 1/4" = 1'-0"3EAST ELEVATION
1/4" = 1'-0"4SOUTH ELEVATION 1/4" = 1'-0"5WEST ELEVATION
1" = 80'-0"6FIRE ACCESS SITE PLAN
REV.REV. DATEDATE ISSUED FORISSUED FOR
06.20.2024 CONDITIONAL USEPERMIT
1 09.10.2024 COMPLIANCE
1" = 1'-0"7ACCESSIBLE WALKWAYS
1
1
1
1
Operational Statement
This project consists of a new recycling center located at 2732 Brundage Lane in
Bakersfield, California per the Bakersfield Municipal Code, California Building Code
and CalRecycle.
This site provides a gated area perfectly suited for these operations. The recycling
container will be placed out of the way of traffic and daily commercial activities,
ensuring safety and cleanliness. This organized and contained approach prevents
disruptions to neighboring businesses and maintains the sites overall aesthetic.
Operations
Contact information:
Riveras Recycling Inc.
Yenifer E. Rivera Romero
Email: alejandrocubias20@gmail.com
Days of operation:
7 Days a Week
Overall operational details:
Beverage Container Recycling Facility
Estimated hours of operation:
Monday - Saturday - 8:00am to 5:00pm
Sundays - 9:00am to 3:00pm
Estimated number of employees:
1 Employee on Site
Overall operational details:
This project consists of a new beverage container recycling facility that
includes one (1) 22'x8' shipping container for storage and glass recycling. One
pop-up 10'x10' canopy tent and table during hours of operation. Equipment will
be powered by a solar powered generator.
Deviation Request
Our findings confirm compliance with the citys ordinance, with no deviations from the
stipulated requirements. As outlined in the Bakersfield City Ordinance, section
17.22.090 A, a rear yard of not less than twenty feet is required when the lot abuts any
R zone, E zone, MH zone, or PUD project of a residential nature. In our case, the
proposed metal shipping container is adjacent to a C-1 zone to the north. Notably, the
property to the north of our site is classified under both C-1 and R-1 zones, with the
C-1 zone being the one directly adjacent to our property (see APN 008-212-036 for
reference).
According to section 17.22.090 C, In all other cases, rear yard setback shall not be
required. Since our property is adjacent to a C-1 zone and not directly abutting the
specified residential or residentially-oriented zones, the rear yard setback requirement
does not apply. Therefore, the location of the proposed metal shipping container is
compliant with the ordinance and does not infringe on any setback requirements.
RESOLUTION NO. ______
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION DENYING A CONDITIONAL USE PERMIT TO ALLOW A RECYCLING CENTER (AS DEFINED BY PUBLIC RESOURCES CODE SECTION 14520) WITHIN A CONVENIENCE ZONE IN A C-1 (NEIGHBORHOOD COMMERICAL) ZONE DISTRICT, LOCATED AT 2732 BRUNDAGE LANE (CUP 24-0390) WHEREAS, Ethosphere Studio (applicant), representing Dulai & Gill Enterprise, Inc. (property owner), filed an application with the City of Bakersfield Development Services
Department for a conditional use permit to allow a recycling center (as defined by Public Resources Code Section 14520) within a convenience zone (17.22.040.14) in a C-1
(Neighborhood Commercial) zone district, located at 2732 Brundage Lane (the “Project”); and
WHEREAS, the Secretary of the Planning Commission set Thursday, October 17, 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 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 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 proposed use is essential and desirable to the public convenience and
welfare.
3. The proposed use is in harmony with the various elements and objectives of the
Metropolitan Bakersfield General Plan. 4. 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. Conditional Use Permit No. 24-0390 as described in this resolution, is hereby
denied.
vm \G:\pln\shared\04_Current Planning\02_CUP\01_Active\2024\24-0390_2732 Brundage Ln_Recycling
Operation\01_PC\Final Prep\Miscellaneous\05_CUP 24-0390_Resolution_DENIAL.docx
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 17th day of
October 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
Exhibits: A. Location Map
B. Site Plan
Conditional Use Permit
24-0390
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R-1 One Fomily Dwelling
6,000 sq.ft. min lot size R-1-4.l One Family Dwelling 4,500 sq.ft. min lol size E Eslate I0,000 sq.ft. min lol size R-S Residenlial Suburban 24,000 sq.ft/dwelling unit R-S-{ ) Residential Suburban I, 1.5, 5 or 10 min lol size R-2 Limiled Mulliple Family Dwelling 4,500 sq.ft. min lot size (single family) 6,000 sq.ft. min lot size (multifamily) 2,500 sq.11. lal area/dwelling unit R-3 Multiple Family Dwelling 6,000 sq.ft. min lot size 1,150 sq.11. lol area/dwelling unit R-4 High Oensily Mulliple Family Dwelling 6,000 sq.ft. min lat size 600 sq.ft. lol orea/dwelling unit R-H Residenlial Holding 20 acre min lol size A Agricullure 6,000 sq.fl. min lal size A-20A Agricuhure 20 acre min lol size PUD Planned Unit Oevelopmenl TT Travel Trailer ParkMH Mobilehome C-0 Professional and Adminislralive Office C-1 Neighborhaad Commercial C-1 Regional Commercial C-C Commercial Cenler C-B Cenlral Business PCD Planned Commercial Dmlopmenl M-1 Lighl Manufacluring M-2 General ManufD<luring M-3 Hea,y lnduslriol P Aulomobile Parking
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HOIP Hospilal O,erloy AO Archileclurol Design Overlay FP-P Flaodplain Primary
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EXHIBIT A
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Water
NMYRTLE ST.MYRTLE ST.BRUNDAGE LN.BRUNDAGE LN.
30'30'143'73.5'
73.5'143'C-1(008-212-35-9)C-1(008-212-35-9)
LIMITED COMMERCIAL LIMITED COMMERCIAL
2' - 9 1/4"24' - 0"3' - 0"EXISTING DRIVE APPOACH29' - 9 1/4"3' - 0"24' - 0"3' - 0"EXISTING DRIVE APPROACH30' - 0"3' - 0"32' - 6"3' - 0"
EXISTING DRIVE APPROACH
38' - 6"SETBACK10' FRONT YARDEXISTING BUILDINGEXISTING BUILDING
(2,624 SF.)(2,624 SF.)
45' - 5 3/4"21' - 6 1/4"
TO PL
6' - 6"
NEW 8'x22' METAL NEW 8'x22' METAL
STORAGE CONTAINER STORAGE CONTAINER
±176 SF±176 SF
NEW 10'x10'
CANOPY POP-UP
TENT
NEW 8' - 0" LONG
TABLE
EXISTING SIDEWALK, CURB AND
GUTTER PER CITY STANDARDS
NOTE: REPAIR OR REPLACE ALL
DAMAGED, MISSING, DILAPIDATED
SIDEWALK, CURB AND GUTTER PER
CURRENT ACCESSIBILITY AND CITY
STANDARDS
DASHED LINE DENOTES ACCESSIBLE PATH OF TRAVEL TO PUBLIC RIGHT
OF WAY. NOTE: THERE SHALL BE NO
VERTICAL OFFSET GREATER THAN
1/4" ALONG THE ENTIRE PATH OF TRAVEL FROM PUBLIC RIGHT OF WAY
TO MAIN ENTRANCE - SEE
4' - 0"5' - 0"9' - 0"18' - 0"
EXISTING POLEC-1 ZONEC-1 ZONELIMITED COMMERCIALLIMITED COMMERCIALR-1 (008-212-036)R-1 (008-212-036)
ONE FAMILY DWELLINGONE FAMILY DWELLING
C-1 (008-212-17)C-1 (008-212-17)
LIMITED COMMERCIAL LIMITED COMMERCIAL
TO PL37' - 2 1/4"81' - 9 3/4"15' - 2"8' - 0"TO PL0' - 7"EXISTING 6'-0" TALL
CMU BLOCK WALL
EXISTING
TRASH BIN
PROPERTY LINE
EXISTING STREET NAME POLE SIGN
EXISTING AIR &
WATER MACHINE
EXISTING 9'x18'
PARKING STALL -
TYP.
EXISTING ADA
PARKING STALL
EXISTING FIRE
HYDRANT
C-1 ZONEC-1 ZONE
LIMITED COMMERCIALLIMITED COMMERCIAL
NEW CONCRETE
PAVEMENT
32' - 6"TO PL
1' - 6"
EXISTING POLE
MOUNTED SIGNAGE
EXISTING
BOLLARDS - TYP.
EXISTING UTILITY POLE
EXISTING
ELECTRICAL METER
EXISTING
GAS METER
EXISTING 6'-0" TALL
METAL FENCE WITH
ROLLING GATE
2% SLOPE4' - 0"/7 A101
SLOPE TO DRAIN TO STREET AND
EXISTING CITY STORM DRAIN
SYSTEM
EXISTING ASPHALT PAVEMENT
EXISTING CONCRETE
SITE LEGENDSITE LEGEND
PROJECT DATAPROJECT DATA
JURISDICTION:
PROJECT ADDRESS:
APN:
ZONING:
LAND USE:
CURRENT USE:
EXISTING OCCUPANCY:
NEW RECYCLING FACILITY
OCCUPANCY:
CONSTRUCTION TYPE:
SPRINKLERS:
NUMBER OF STORIES:
LOT SIZE:
EXISTING BUILDING AREA:
PROPOSED SHIPPING STORAGE CONTAINER AREA:
CITY OF BAKERSFIELD
2732 BRUNDAGE LN.
BAKERSFIELD, CA 93304
008-212-35-9
C-1 LIMITED COMMERCIAL
GENERAL COMMERCIAL
2304 - MINI-MART
M
U
V-B
NO
1
0.22 ACRES
±±2,624 SF
±±176 SF
1.PRIOR TO ISSUING A BUILDING PERMIT, THE BUILDING DIVISION WILL CALCULATE AND COLLECT THE APPROPRIATE SCHOOL DISTRICT IMPACT FEES.
2. STORAGE OF MATERIALS AND MERCHANDISE IS PROHIBITED UNLESS SCREENED
IN ACCORDANCE WITH THE BAKERSFIELD 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.
3. 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.
GENERAL NOTES:GENERAL NOTES:
THIS PROJECT CONSISTS OF A NEW BEVERAGE CONTAINER RECYCLING FACILITY IN AN
EXISTING COMMERCIAL LOT.
EXISTING PARKING TO REMAINEXISTING PARKING TO REMAIN
PARKING REQUIRED:NOT REQUIRED FOR
RECYCLING CENTER
NEW CONCRETE PAVEMENT
PARKING CALCULATIONS:
SCOPE OF WORK
VICINITY MAPVICINITY MAP N
BRUNDAGE LNBRUNDAGE LN
PROJECT PROJECT
LOCATIONLOCATIONOAK STOAK STSPRUCE STBANK ST
OAKBANK RDCYPRESS STBEECH STMYRTLE ST58 HWY58 HWY
99 99
TERRY ST
HUGHES LNVERDE ST
CEDAR STLevel 10' - 0"
22' LENGTH
Level 10' - 0"8' MAX. HEIGHTLevel 10' - 0"Level 10' - 0"
R
4
0
0
'
-
0
"
F.H.MYRTLE ST.MYRTLE ST.BRUNDAGE LN.BRUNDAGE LN.EXISTING FIRE HYDRANT
PER CITY STANDARDS
N
NEW 8'x22' METAL NEW 8'x22' METAL
STORAGE CONTAINER STORAGE CONTAINER
±176SF±176SFVERTICAL1/4" MAXVERTICAL1/4" MAX BEVELED1/4" MAX BEVELED1/4" MAX5% MAX2% MAX
B-BB-BA-AA-A
ABBCROSS SLOPEPATH OF
TRAVEL
A
SHEETSHEET
DRAWN BY:DRAWN BY:
PROJECT NO.PROJECT NO.
2005 EYE STREET, SUITE 5 BAKERSFIELD, CA 93301(661) 487-5775 | www.ethospherestudio.com
THE INCLUDED DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS AND ARRANGEMENTS REPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OF ETHOSPHERE STUDIO AND NO PART THEREOF SHALL
BE COPIED, DISCLOSED TO OTHERS OR USE IN CONNECTION WITH ANY WORK OR PROJECT OTHER THAN THE SPECIFIC PROJECT DEVELOPED WITHOUT THE WRITTEN CONSENT OF ETHOSPHERE STUDIO. VISUAL CONTACT WITH THESE DRAWINGS OR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS. SUBMITTAL OF THESE DOCUMENTS FOR PUBLIC
AGENCY REVIEW SHALL NOT BE CONSIDERED A WAIVER OF ETHOSPHERE STUDIO'S RIGHTS.
CHECKED BY:CHECKED BY:
01020
A101
SITE PLANSITE PLANBRUNDAGE RECYCLINGBRUNDAGE RECYCLING2732 BRUNDAGE LANEBAKERSFIELD, CA 93304RD
CA24-1018
EH 1" = 10'-0"1SITE PLAN
1/4" = 1'-0"2NORTH ELEVATION 1/4" = 1'-0"3EAST ELEVATION
1/4" = 1'-0"4SOUTH ELEVATION 1/4" = 1'-0"5WEST ELEVATION
1" = 80'-0"6FIRE ACCESS SITE PLAN
REV.REV. DATEDATE ISSUED FORISSUED FOR
06.20.2024 CONDITIONAL USEPERMIT
1 09.10.2024 COMPLIANCE
1" = 1'-0"7ACCESSIBLE WALKWAYS
1
1
1
1
EXHIBIT B