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APPLICATION F91 ENCROACBMIRT'PERIIIT '."\"""'J\~Bt~~~""'~~~1{~~"
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TO TH~\'9.~TA:L~~,~~R 0F.-l~~#J~:'~~I1~~S~IELD, C~,I~?~~~,. C''''''~;,t:o/. .W5: ,
Pursuant to, the provisions of. Ordinance,"No.;' 3140 New Series of the C of .
. Baket'sfield~theundersigned applies for a permit to place.' erect an or maintain i
an encroachment on public property or right of way as th~rein defined. ,l
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"The name and address of applicant is:
3200 Panaaa Lane (P..o. Box 1807)
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The' nattiTe -or,tolfesc:Tipt10n of the'*encroachment
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Jaco Rill eo.pany
Bakersfield. CA 93303
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for' which"this' applicatioD'Ils".uasde
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, ,,,';r~':~, ;f.l'he:,aoc:ation!t'Ofeotb~J:oD.O.Aad.eUCJ:Oachmen.t.:...1&:... ,", ,- .3.200 'aDalIa, Lane. onW1bl. load
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Ap~l{canf~grees: th'af"ff 1 t'liis~applic~HC:n is' granted, applicant .wil1Ul~emn1fy;'"
. ,;eI~.hand ;,hol.d ~harmle8s.,tthe~City~of~!Bakersfield, ,i~gents, officet:agmduH .i::.i:;;
,.e.p1'Oy'~,6~~tfj8Ddl~.oIllt~allc4,amage8;'" judgments, ,cl~ms "demands. tl~;it~,,~!.~,t;i~,
costs and expenditures, and against all loss or liability which the City"of ~'"
Bakersfield "or such officers, agents or employees may Buffer, or which 'may be'
:recoverable,'from, or obtainable against the City of Bakersfield or such 'officers, '
agents or employees, proximately caused by, growing out of or in any way
conne<;ted with the placing, erection or maintenance of said encroachment;"the
applicant further agrees to maintain the aforesaid encroachment during the life
of..the said' encroachment or until such time that this-.permit is revoked';',":,-:':';",:
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Applicant..further agrees that upon the expiration of the'~permit f.or wh1c;h.this '
application is made, if granted, or upon the revocation thereof by the city
EnKineer, applicant will at. his own cost and expense remove the same frOlll;:.:tbe"
,public property or right of way where the same is located, and restore said
public property or right of-way to th~ condition as nearly may be in'wbich'f.t was
before the placing, erection, maintenance or existence of said encroachme'nt ~',
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Signature of Applicant (Owner or Represen~.~lver
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Date: 5" -db- ~ 1
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PERMIT
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I RERBBY~\.CBJlTIFY 'THAT' I HAVE MADE AN INVESTIGATIOR OF THE FACTS '.
STATED IN THE FOREGOING APPLICATION AND FIND THAT''THE, HAINTlBANCE "OF '
SAIDBRCROACBMERT (1) WILL (NOT) SuBSTANTIALLY INTDRU WITH THE.,USE
OF "TBB~.PUBLIC ' PLACE"WBBU 'THE' SAME IS TO BE LOCATED;AND (2) WILL
. (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID
APPLICATION '.IS''TRDEPORE (GRANTED) !f E (SUBJECT TO CONDIT;IONS
AT~CBED,,~HEBETO) . ~I
Date: ..5 '.l.-(. ~,.,.,.,- h,. . ----.;/ ~.~
,,"'" , of City Engine"er
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ATIACHMENT TO APPLICATION FOR ENCROACHMENT PERMIT BY
JACO HILL COMPANY (# II /G;~)
NATURE OF ENCROACHMENT
The encroachment will be a 6" high by 6" wide reinforced concrete curb located directly
adjacent to the back of the sidewalk with 36" high delineated steel posts at each end of the
curb (see attached plan). These encroachments will allow the use of the area behind the
sidewalk for parking of vehicles during fueling.
CONDmON FOR APPROVAL OF THE PERMIT
As a condition of approval for this permit, the applicant agrees that he shall maintain such
curb and posts in a condition satisfactory to the City Engineer and understands that this
encroachment permit shall be revoked if such improvements are not maintained accordingly.
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DEP ARTMENT OF PUBLIC
WORKS
1501 Truxtun Avenue
Bakersfield. California 93301
E, W, SCHULZ. Director
(805) 326-372;~
DATE
Letter of Transmittal j
TO ::r~t\Ae.-~ ~tA:> \Md .
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ATTENTION
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FROM 1f' cl 'AI r~h-b
WE ARE SENDING YOU [B..Attoched [] Unde.r seperate cover via ~\
[] Check Prints o Prints [] Plans o Maps
[] Copy of Letter o Change Oreer o Agreement f6 'ce~
the fOlluNing ""moo
o Specifications
~
THESE ARE TRANSMITTED as checked below:
[] For approval
o For your use
tff As requested
[] For review and comment
[] Furnish as submitted
o Furnish as noted
[] Resubmit copies for appro'lol
o Submit _ copies for distribution
o Return _ corrected prints
[] Returned for corrections
[] For your signature
19
o Submit originals for signature
o For Council Approval 19
o FOR BIDS DUE
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REI\1ARKS
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COPY TO
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SIGNED: ,-
If enciosur~s are not os noteo, please notify us at once,
PARAGON PRINflNG
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JACO OIL COMPANY
KEVIN MULLIKIN
GASOLINE OPERATIONS MANAGER
p, 0, BOX 1807
3101 STATE RD,
BAKERSFIELD, CA 93303
(805) 393-7000
FAX (805) 393-8738
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STAFF REPORT
BOARD OF ZONING ADJUSTMENT
MEETING OF MARCH 10,1992
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AGENDA ITEM #
4.B.1)
PROJECT:
Modification #5296
APPLICANT:
LOCATION:
Jaco Hill Company
3200 Panama Lane ?a BD?, \g'oi
PROJECT DESCRIPTION:
A Modification to permit the reduction of the required side street yard setback from 10
feet to 2 feet for a new 42 foot - 31.6 foot canopy in a C-l (Limited Commercial) Zone.
The area is depicted as GC (General Commercial) on the Land Use Element of the
Metropolitan Bakersfield's 2010 General Plan.
ENVIRONMENTAL SETIlNG:
The project site is located in Southwest Bakersfield on the northeast corner of Panama
Lane and Wible Road. Specifically, the site (Howard Mini-Market with gas pumps) is
part of a neighborhood shopping center that surrounds the market on the north and east
sides.
The site is surrounded by the following zones and uses:
North - R-1 (One Family Dwelling) Zone; single family dwelling
East - C-l (Limited Commercial) Zone; neighborhood shopping center
West - C-l (Limited Commercial) Zone; vacant
South - C-1 (Limited Commercial) Zone; vacant
The predominant land use in the immediate vicinity' of the subject site is a mixture of
commercial development and vacant land.
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'JO l1?J KEt.L. ~ y
. Staff Report, BZA, 3/10/92
AGENDA ITEM #4.B.l)
PROJECT ANALYSIS:
Page 2
The applicant IS proposing to construct a 42 foot - 31.6 foot metal canopy over two rows
of existing gas service islands. The modification is necessary because in a C-l Zone. the
required side yard setback on a corner lot shall not be less than ten feet, (Section
17.22.080, BMC 1991). The applicant is proposing to construct the canopy two feet from
the property line instead of the required ten feet,
Staff is in agreement with the applicant. The existing gas service islands were installed a
number of years ago when the required side yard setback was zero feet. The new
ordinance, which was adopted in 1991, changed the setback requirement to ten feet. In
addition, all off.site improvements such as paving; curb, gutter, and sidewalks are in
place. In this regard. the City Public Works Department has indicated that they have no
objection to the setback .reduction.
Staff also feels that the new canopy will upgrade the .existing facility and provide for
better aesthetics to the neighborhood shopping center area. It will also provide shade in
summer and protection from rain in the winter for the customers.
RECOMMENDATION:
The new canopy will improve the aesthetics of the mini-market and add shade and rain
protection for the customers. Staff would recommend that the application be approved
subject to the following conditions:
1.
The existing mini-market building be repainted
to "Exxon" colors in order to match the signage
and canopy color.
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2. The applicant shall secure an encroachment
permit from the City Public Works Department
for that four foot portion of the concrete pad
presently encroaching into the ten foot street
right-of-way line.
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79.903
UNIFORM FIRE CODE
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Il Regul:tr e'luipll1enl inspeclion and maintenance,
C Consl,icuously posting instruclions for safe oper alion of dispensing elluip.
noenl.
[). Posling Ihe phone nUluher of lhe owner nr operalor,
2 ^ sign, in addition 10 Ihatrequired in Seclion 79.902 (h). is posted in a
conspicuous location slaling:
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IN CASE OF fIRE OR SI'II.1.
IIse emergency pump shutofl!
2. ({epolllhe acddenl
Fire Oeparlmenl No. _
Facililyaddress
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C.
Dispensing equiplllenl complies ~'ilh one of the following:
The amounl of fuel heing dispensed is limiled in quanlity by a prl"prograuuned
card, or
Dispensing devices shall he programmed or set 10 limil nninterrupted fuel
delivery 10 25 gallons and shall require a manual act run 10 resullle conlll1ued
deliver)', or
pII"lu(\ delivery hoses arc equipped wilh a liSled emergency hreakaway
device designed 10 lelain liquid on holh sides of Ihe breakaway point. Such
devices shall he installed and mainlained in accordance wilh manufacturer's
insllucl ions,
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, The atlendant's primary fllnction shall ne to supervise, onserve and control the.
dispensing of Class I and Class II liquids while said liquids are be,!ng disr~<,:'!\ II
shall he the responsihility of Ihe atlendantto prevent the dispensingolClass I and
Class II liquids inlo porlanle containers not in compliance wilh Section
79,10,1 (a), cllnlrol sources of ignition, and hi give immediate atlentionlo acci-
dental spills and fire e,'linguishers, if needed,
IC) Localion. Dispensing devices at aulomolive service slatiuns shall be 10-
caled a minimum distance of 10 fee! fum!.!JIDJ~y'!!!!'e and so located that all
parts of a vehicle being serviced will be o~ the premises ?"Ihe service slal!on, In
addition, Ihe ,1ocaliun of dispensing devll;es shall be 10 accordance wllh the
following:
I. Dispensing devin"s al automoli\'e service slat ions shall he located nolless
than 10 fe<:l fmlll.ar1):.buildingj"hich is less than one.I1Our fire.lesislivc
conslriiCiion. Such dispensing devices shall also he located so thaI the
noule, when hose is fully eXlcnded, shall not reach wilhin ~~ of any
I'uilding opening,
2. Dispensing unils shall he atll'asl 20 feel fmm all fixed sources of ignition,
3. All dispensing devices shall ne prolected against physical damage Imm
vchicles hy mounting ou a concrele island a minimllm.o(fi!n~'hc~ i!U!~~gl~!,_
Allernale lIIelhods of ploviding e1luivalent pllltection lIIay he permilled
when approved hy the chid,
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1988 EDITION
79.903
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4, Apparalus dispensing Class I amI Class II liquids inlo lhe file I tanks of
motor vehicles of the public shall nol be localed at a bulk plant unless
separated by a fence or similar barrier fwmthe arca in which bulk opera-
tions are conducled, .
5. Oispensing devices shall be secured to the island in an appmved manner
. other tha!,! piping and conduit,
(d) Inside (;arages. Where an oUlside local ion is impraclical, dispensing
devices approved for inside use may he installed inside a garage or similar
eSlablishlllent, storing, parking, servicing or repail ing aUlomotive equipmcnl
uron the approval of lhe location and safeguallls ny the chief. A dispcnsing device
shall he protecled againsl physical damage by vehicles I'll' 1II0unting on a concrete
island or ny equivalent means and shall be located in a pllsilion whele it cannot ne
struck by a vehicle descending a ramp or olher slopeoul of conlrol. A remole
emergency shuloff for electric power IOlhe dispensing unil and lhe pUlllp supply-
ing it shall ne provided al an accessihle local ion and shall ne clearly lanelcd as to
ils inlended pmpose. The dispensing area shall he provided with an approved
mechanical or gravity ventilalion system, When dispensing units arc localed
below grade, only appmved mechanical venlilalion shall ne used and Ihe entire
dispensing area shall be protected by an ;Ippmved aUlomalic sprinkler systcm.
Ventilating systems shall be eleclrically intetlocked with Class I dispensing units
so lhallhe dispensing units cannol be operated unless the \'rtIlilating fan motors
arc energized.
(e) Eleclrlcal Conlrols. A conlrol shall be provided thaI will permitlhe pUlllp
10 operate only when a dispensing noule is remoH:d fmm ilS nrackelor norlllal
position with respecllo the dispensing unit and lhe switch on this dispensing unit
is manually actualed, This conlrol shall also Slop Ihl" pump when all nozzles have
been relurned, eilher to Iheir brackets or to the normalnonJispensing position, In
addilion, e1eclrical condilions shall cOlllply wilh lhe following:
I. A clearly laneled manually operaled pump masler s\\ ilch shall he provided
in an approved location. wi!!Jil]l~ fee~ of. nut nol ne;1I er Ihan 15' feet 10, any
dispenser, Where such masler swilch is not visinle 110m all di~i('n~is, lhe
.Iocalion thereof shall be indicaled by approved sigm.
Signs identifying Ihe pump masler switch shall he laheled E~IEI{(;ENCY
PUMP SIIUTOFF.
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3, The master switch on all individual pump circuit swilches shall be set in lhe
"of 1''' posilion before closing Ihe service station fOI business at any lime,
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(f) Sl'cclal-lnie Dlspenscrs. Approved special dispcnsing syslems such as,
nut not limited to, coin.operaled and ren\llte preset I ypes arc permilled at service
slations, p,rovided there is at least one qualified alleudanl on dUlY while Ihe stalion
is open 10 the pllnlie,
I, The allcndant or supervisor on duty shalf'he capahle of performing lhe
fnnclions and assuming lhe responsihililies covered in Section 79,90.1 (b),
2, Emergency conlrols shall ne installed al a local ion acccplahle to the chief,
nulconllOls shall be not mOle thall 100 feet from displ'llsels.
277
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BAKERSFIELD
PUBLIC WORKS DEPARTMENT
1501 TRUXTt:N AVENUE
BAKERSFIELD, C\LlFORNIA ':13301
IS051 3:6-37:~ '
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ED, W, SCHULZ, DIRECTOR · CITY ENGINEER
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April 17, 1992
Jaco Hill Company
P. O. Box 1807
Bal:cersfield, CA 9.3303
Re: Modification No. 5296 - Canopy over Fuel Islands
Gentlemen:
A condition of approval of Modification No. 5296 requires that the applicant secure an encroachment permit
from this Department for a four foot portion of concrete slab presently located within City street right-of-way,
A review of the approved plans for the original construction show that the westerly fuel dispensers should
have been installed 12 feet from the right-of-way line. The measurement shown on the modification
application plan is only 6,25 feet. The Fire Department has indicated this dimension violates the Uniform
Fire Code.
Upon a field review of the site by Public Works staff, it was noted that vehicles are currently utilizing the'
right-of-way and sidewalk area to access the west side of the westerly fuel island. This has resulted in
damage to the existing concrete sidewalk as well as an unsafe condition due to potential conflicts between
pedestrians and vehicles.
Based on this review, there are two conditions that require your immediate attention:
1. Replacement of the damaged sidewalk near the fuel island. Contact Gerry Claassen of the
Construction Division at 326-3049 to arrange a meeting to determine the extent of sidewalk
replacement.
2. Installation of a positive barrier at the ends of the west side of the westerly fuel island to prevent
vehicles from utilizing that side of the island. Alternatively, the entire fuel island could be relocated
easterly to provide the necessary room to maneuver vehicles through the dispenser island area
without encroaching into the sidewalk area. Any relocation plans shall be approved by the City
Engineer.
After complying wich cil<::::>c conditions. this Department will consider the requested encroachment permit,
The Fire Department may also be contacting you regarding the above.-referenced code 'violation, Should
you have any questions regarding the above, please contact Ted Wright of this Department at 326-3575.
Very Truly Yours,
Co W. SCHULZ
Public Works Director
By: ~1J.t..~
Arthur Lee Moore
Engineer IV - Design
>: dw: J .;COH! L:'
Jaco Oil Company
3101 State Road
Bakersfield, California 93308
Telephone: (80S) 393-7000
Facsimile: (805) 393-8738
Post Office Box 1807
Bakersfield, California 93303-1807
April 29, 1992
E.W. Schulz
Public Works Department
1501 TruxtunAvenue
Bakersfield, CA 93303
Re: April 17, 1992, Condition Letter No.5296
Mr. Schulz:
After review of the two conditions to receive an encroachment
permit, we will agree to the following:
1. Replace damaged sidewalk near the fuel island.
2. Installation of a 6" x 6" concrete curb to prevent customers
from driving on the sidewalk.
3. Installation of two 3 foot metal crash poles. One at each end
of the newly installed curb.
Since this station has been operating for many years, with no
public safety problems and since the proposed canopy will benefit
both customers and the adjacent property owners, we feel that the
above concessions are more than adequate to satisfy your
encroachment permit needs.
I would appreciate your serious consideration, other alternatives
would be excessively expensive.
Sincerely,
K~~~
Kevin Mullikin
Gasoline operations Manager
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APPLICATION FOR ENCROACHMENT
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bb ~pt.J 17019+ \r! I
PERMIT ~~V1 ·
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TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD, CALIFORNIA:
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Pursuant to the provisions of Ordinance No. 3140 New Series of the C' of
Baketsfield~ the undersigned applies for a permit to place~ erect an ' or maintain
an encroachment on public property or right of way as therein defined. ~i
The name and address of app~ic~nt is: Jaco Hill Company
3200 Panama Lane (P. .6. Box 1807) Bakersfield. CA 93303
The nature or description of the encroachment for which this application is made
is as follows: ." See attached sheet. i
The location of the proposed encroachment is:
side.
3200 Panama Lane. on Wible Road
Applicant agrees that if this application is granted, applicant will indemnify,
defend and hold harmless the City of Bakersfield, its agents, officers and
employees against and from all damages, judgments, claims, demands, expenses,
costs and expenditures, and against all loss or liability which the City of
Bakersfield or such officers, agents or employees may suffer, or which may be
recoverable from, or obtainable against the City of Bakersfield or such officers,
agents or employees, proximately caused by, growing out of or in anyway
conne~ted with the placing, erection or maintenance of said encroachment, the
applicant further agrees to maintain the aforesaid encroachment during the life
of the said encroachment or until such time that'this permit is revoked.
Applicant further agrees that upon the expiration of the permit for which this
application is made, if granted, o~ upOn the revocation thereof b~ the City
Engineer, applicant will at his own cost and expense remove the same from the
public property or right of way where the same is located, and restore said
public property or right of way to th~ condition as nearly may be in which ~t was
before the placing, erection, mainte~ance or existence of said encroachment.
Date: 5' -IJb"J, 1
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Signature of Applicant (Owner or Representative)
PERMIT
I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS
STATED IN THE FOREGOING APPLICATION AND FIND THAT THE MAINTENANCE OF
SAID ENCROACHMENT (1) WILL (NOT) SUBSTANTIALLY INTERFERE WITH THE USE
OF THE PUBLIC PLACE WHERE THE SAME IS TO BE LOCATED AND (2) WILL
(NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID
APPLICATION IS THEREFORE (GRANTED) ~I ~~ (SUBJECT TO CONDITIONS
/4.,.\ ATTACHED HERETO). -=e::::..l
';IJ'- Date: ..s -z,.fo~1~ ~ ~;-
No. 1,163
Distribution: Original - ~pplicant
Goldenrod - City Clerk
Yellow - Public Works
REV6/90
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ATfACHMENT TO APPLICATION FOR ENCROACHMENT PERMIT BY
JACO HILL COMPANY G #- 0/&7::> )
NATURE OF ENCROACHMENT
The encroachment will be a 6" high by 6" wide reinforced concrete curb located directly
adjacent to the back of the sidewalk with 36" high delineated steel posts at each end of the
curb (see attached plan). These encroachments will allow the use of the area behind the
sidewalk for parking of vehicles during fueling.
CONDITION FOR APPROVAL OF THE PERMIT
As a condition of approval for this permit, the applicant agrees that he shall maintain such
curb and posts in a condition satisfactory to the City Engineer and understands that this
encroachment permit shall be revoked if such improvements are not maintained accordingly.
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BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: E. W. Schulz - Public Works Director
FROM: Ted Wright - Civil Engineer III~
DATE: May 20, 1992
SUBJECT: PANAMA LANE AT WIBLE ROAD - ENCROACHMENT PERMIT
*****************************************************************
I have contacted both Steve Walker of the Traffic Division and Captain Richard Harger of
Fire Safety Control, and neither have any objections to the construction proposed nor the
issuance of this encroachment permit.
cc: Richard Harger, Fire Safety Control
Steve Walker, Traffic Division