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HomeMy WebLinkAboutRes. No. 03-25 (CUP 24-0107)RESOLUTION NO. 03-25 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A RECYCLING CENTER WITHIN A STATE-RECOGNIZED CONVENIENCE ONE, FOR THE PURCHASING OF CALIFORNIA REDEMPTION VALUE (CRV) CONTAINERS FROM THE PUBLIC IN THE C-2 (REGIONAL COMMERCIAL) ZONE DISTRICT, LOCATED AT 305 BRUNDAGE LANE (CUP 24-0107) WHEREAS, EZ Recycling LLC {applicant), representing Terra di Pietro, LLC {owner), filed an application with the City of Bakersfield Development Services Department for a conditional use permit to allow a recycling center within a State-recognized convenience one, for the purchasing of California Redemption Value {CRV) containers from the public in the C-2 (Regional Commercial) zone district, located at 305 Brundage Lane (the "Project"); and WHEREAS, the Secretary of the Planning Commission set Thursday, January 16, 2025, 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; 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 15303; 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: 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, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposal is a project that is exempt from CEQA pursuant to Section 15303 because the project is new construction or conversion of small structures. 3. The proposed use is essential and desirable to the public convenience and welfare. 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: l. The above recitals, incorporated herein, are true and correct. 2. This project is exempt from the requirements of CEQA. 3. Conditional Use Permit No. 24-0107 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 16th day of January, 2025, on a motion by Commissioner Kaur, seconded by Commissioner Bittle the following vote: AYES: ABSENT: Exhibits: Cater, Strickland, Kaur, Bittle, Martin, Brandt-Oliver Neal A. B. C . APPROVED DANIEL CATER, CHAIR City of Bakersfield Planning Commission Conditions of Approval Location Map Site Plan TW\S:\0l_Planning Commission\ l Resolutions\ 1-16-25\CUP 24-0 107\0S_CUP 24-0 107 _Resolution_Final.docx EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit No. 24-0107 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 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. CUP 24-0107 Page I 2 of 5 The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of 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 recycling center within a State-recognized convenience one, for the purchasing of California Redemption Value (CRV) containers from the public in the C-2 (Regional Commercial Zone) district, located at 305 Brundage Lane. 3. Operating hours are limited to Monday-Friday from 8:30 am -4:00 pm, Saturday 8:30 am -3:00 pm, closed Sunday. 4. The recycling operation shall not have more than six metal storage containers (8 feet x 22 feet). 5. Each metal storage container shall be painted a neutral, earth-tone, site compatible color. 6. Under no circumstances shall any metal storage container be used for an office, residence, or other purpose involving human occupancy. 7. The subject property, in its entirety, shall be maintained in a clean, odor a litter free manner. 8. Under no circumstances shall the facility permit walk-in customers and customers with shopping carts, only drive-in services will be allowed. 9. Loitering is prohibited on the premises. 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. The items listed below will usually need to be shown on the final building plans or completed before a building permit is issued. A. DEVELOPMENT SERVICES -BUILDING (1715 Chester Avenue) (Staff contact -Shannon Clark; 661-326-3607 or sclark@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. CUP 24-0107 Page I 3 of 5 B. C. 2. A grading permit is required prior to final plan approval. The developer shall submit 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. 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 and Public Works Department. 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. 4. Prior to issuing a building permit, the Building Division will calculate and collect the appropriate school district impact fees. 5. Prior to granting occupancy, the Building Division will verify that a water meter serving the development is in place. The developer shall contact the applicable water purveyor to inquire about their process for obtaining water service for the development as soon as possible (for water purveyor agency information contact: 1000 Buena Vista Road; 661-326-3715). DEVELOPMENT SERVICES -PLANNING (1715 Chester Avenue) (Staff contact -Taniya Wright; 661-326-3616 or twright@bakersfieldcity.us) 1. 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. FIRE DEPARTMENT (2101 H Street) (Staff contact -Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us) 1. The project must comply with the current California Fire Code and current City of Bakersfield Municipal Code. 2. Where fire apparatus access roads or a water supply for the fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction 3. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. All new construction of access gates shall be equipped with an automatic opening device which is activated through the wireless activation system utilized on City of Bakersfield owned vehicles for traffic preemption. Installation and maintenance of the wireless activation system on access gate(s) shall be completed by the gate owner. The gate opening device shall have a disconnect feature for manual operation of the gate when the power fails. CUP 24-0107 Page 14 of 5 D. PUBLIC WORKS -ENGINEERING (1501 Truxtun Avenue) (Staff contact -Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) 1. Prior to the issuance of building permits, the developer shall form a new maintenance district. If already within a maintenance district, you may need to update the maintenance district form. Underdeveloped 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 Subdivisions at (661) 326-3588. 2. Prior to the issuance of building permits, a grading plan must be approved by both the Public Works Department and the Building Division. 3. 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. 4. At the time of building permit issuance, a sewer connection fee shall be paid. This fee is based on the rate that is in effect at the time a building permit is issued. 5. For Building Permit, Plan will need to show the installation of new connection(s) to the public sewer system with a full-sized manhole in each sewer line 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. 6. All storm water generated on the project site, including the street frontage shall be retained onsite unless otherwise allowed by the Public Works Department (please contact the Public Works Department -Subdivisions at 661-326-3576). 7. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. An industrial waste permit must be obtained from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the Wastewater Treatment Superintendent at 661-326- 3249. 8. 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. 9. Contact the Construction Desk at 661-326-3049 to schedule a site inspection to find out what improvements may be required. Any off-site/frontage improvements or repairs required during the site inspection shall be shown on the site plan. 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. CUP 24-0107 Page I 5 of 5 10. Any proposed or future perimeter fence and/or wall shall be placed outside of existing public road right of way or future ultimate public right of way. E. PUBLIC WORKS -TRAFFIC (1501 Truxtun Avenue) F. (Staff contact -Susanna Kormendi; 661-326-3997 or skormendi@bakersfieldcity.us) 1. At this time, no applicable conditions for the proposed project. Conditions may be added if the project changes. PUBLIC WORKS -SOLID WASTE (4101 Truxtun Avenue) (Staff Contact -Richard Gutierrez; 661-326-3114 or rmgutierrez@bakersfieldcity.us) 1. 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. ACKNOWLEDGEMENT BY PROJECT APPLICANT: I agree to the project's conditions of approval and acknowledge that failure to comply with any and all conditions shall constitute grounds for potential revocation of the permit approval. Signature Date Print Name Conditional Use Permit 24-0107 EXHIBITB CITY OF BAKERSFIELD .... VI .... C-2 C-2 I ~ ct .... UJ z 0:: ~ I R-1 R-1 I L_ ___J FIG ST C-2 R-1 / / R-1 1ST ST .... VI :) [ BRUNDAGELN R-1 R-1 C-2 CUP 24-0107 C-2 ] 58 WON FR S UNION 58 W FWY RAMP 58 E FWY 58 E OFF TO ORCHARD ST I S UNION RAMP ,------I - R-2 M-1 R-2 M-2 .... VI > C-2 C-2 MX-2 58 EON FR S UNION RAMP Zoning R-1 One fan1il1 Dwelling 6,000 sq.ft. min lot sire R-1-4.S One lanil1 Dwemng 4,~00 \q,ft. min lot siie ( htate 10,000 , ... ft. min lot sl,e R-S ltsi<lential Suburllan 24,000 "l·lt./dwtlling unit R·S-( ) le..i.ntial Suburban l,2.S,.S0t I0nHnlotsi1e 1-7 Limited Multiple lanil1 Dwelling 4,SOO sq.ft. min lot size (single lomil1) 6,000 Ml·ft. min lot sire (n1uh~omil1) 2,SDD MJ.fl. lot 01eo/dwelling unit R-J Multiple lamil1 Dwelling 6,000 ,q.lt. n,in lot sire 1,210 sq.It. lot area/dwelling unil R-4 High Den,ifi Muttiple fomil1 Dwelling 6,000 sq.ft. min lot sire 600 sq.ft. lot cse■/tfwelling unit R-H Resi<lential Hol<ling 20 aue min lot sire AAgri<ulh.u 6,000 sq.h. min lot size A-20A AgrKulture 20 aue min lot ,iie PUD Planned Unit De .. lopment TI Trowel lrtiler Pork MIi Mobilthome C-0 Profenional and Admini,tratiwe OHt<e (-1 NeighltCNhON (ommenial C-2 Regional Commeniol (-( Comn.e,,MII Cente1 C-B Cent1al Business ,CO Planned Comma1ial Onelopn.ent M-1 Light Manufacturing M-1 Gt:Mfal Manufolfu,ing M-3 Hea•y ln4ushial P Autontoltile Par•ing I( Reueation Ch Church Ove.-fay 01 Open !po<e IKKP Ho,pital Omlo1 AD Architectural Design 0v£rlay IP-P Floodplain Primor1 IP-! floadplain S.rondari AA Airpo,1 App1oach DI Drilling !,land Pf Petroleum (.traction Combining SC Senio,· Citi,en Owetlay HD Hillside Dnelopment Comltining WM-We\l ~Ii, Pion BAKERSFIELD t Feel 0 80 160 MAP PACKAGE [ 4 } TIIASH lNC'lOSUff CLEVATION ,. ...:..f'-=..\ltIIM:TAll:IOOl'O· ,AM TOIU.TOI e..LlN) ,aD -~ V•• Exhibit C f'~,,__.--www .. --.. 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SE Skarphol/Frank ---·--·--___ ....., __ _ .., _ _ .,. .... ..,....,. --=-~e.== =~~:-:.:a: ............ .-... .... , .. _ EZ RECYCLING NEW FACUTY JOJ•(lr()AGflA/11' IIAIC8t.VR.O!.CALEOltlfA ~ -. ~ ~ ~ Exhibit C NOIIIH EAST WUIH WEST EXTERIOR ELEVATIONS WEST &t Mm,+ ~ 1/4" t 1 L , ', 11 CAHCJl'Y ~ W~4 me -©--I 01~ ! ~ ... l~ , .... t .,_.,. ! H -$ fM},.0.,.~ PLAN 1/4" vv l,, H -$ ROOF PLAN SOEMf'A' 1/4° ClfflCE T.11.Z ~ SECTION 'A' ~ -·-----·-·-·- ~ ~ OfflCf __,,.. SEC1IOH,. SECTIONS 1/4" ~ ~ Skarphol/Frank: --·--_.....,._,..., __ .... _ -..... --- EZ RECYCLING HEW FAOUTY ,.,.........,....,.. MICBlRU>, CAlR1IWA ~ ~ ~ ~ B::..J u ...... .:.0 ~ µ_i