HomeMy WebLinkAbout10-40, 10-0546RESOLUTION NO. 10 -40
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT TO
OPERATE A RECYCLING CENTER FOR THE PURCHASING OF
CALIFORNIA REDEMPTION VALUE (CRV) CONTAINERS FROM THE
PUBLIC IN A C -2 (REGIONAL COMMERCIAL) ZONE DISTRICT. (FILE
NO. 10 -0546)
WHEREAS, Israel Ramirez filed an application with the City of Bakersfield Planning
Department requesting a conditional use permit to operate a recycling center for the purchasing of
California Redemption Value (CRV) containers from the public. The proposal is located at 2601 White
Lane and is within a C -2 (Regional Commercial) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, December
14, 2010, at the hour of 3:00 p.m. in Conference Room A of City Hall North, 1600 Truxtun Avenue,
Bakersfield, California, as the time and place for a public hearing before them on the proposal, and
notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal
Code; and
WHEREAS, a public hearing was held before the Board of Zoning Adjustment on said date,
and 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 Board of Zoning Adjustment; 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 Planning Department (1715 Chester Avenue, Bakersfield,
California) is the custodian of all documents and other materials upon which approval of the
environmental determination is based; and
WHEREAS, the facts presented in the staff report; initial study, and evidence received both in
writing and by verbal testimony at the above referenced public hearing(s), support the findings
contained in this resolution; and
WHEREAS, at the above mentioned public hearing(s), the proposal was heard and all facts,
testimony and evidence was considered by the Board of Zoning Adjustment, and they made the
following findings regarding the proposed project:
1. All required public notices have been given. Hearing notices regarding the proposed
project were mailed to property owners within 300 feet of the project area and published
in a local newspaper of general circulation 10 days prior to the hearing.
2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures
have been followed. Staff determined that the proposed project is exempt from CEQA
under Section 15061(b)(3), because the project does not have the potential to cause a
significant effect on the environment.
3. The proposed use is desirable to the public convenience.
4. The proposed use is in harmony with the goals, objectives and policies of the
Metropolitan Bakersfield General Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT
OF THE CITY OF BAKERSFIELD as follows:
1. That the above recitals, incorporated herein, are true and correct.
2. That the proposed is a project that it is exempt from CEQA under Section 15061(b)(3).
3. That Conditional Use Permit No. 10 -0546 as described in this resolution, is hereby
approved subject to the conditions of approval and any mitigation measures as
contained in Exhibit "A -1 ".
On a motion by Board Member Underwood, the Board of Zoning Adjustment approved this
resolution by the following roll call vote:
AYES: Barnhard, Burns, Underwood
NOES:
ABSENT:
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Board of
Zoning Adjustment of the City of Bakersfield at a regular meeting held on the 14th day of December,
2010.
DATED: December 14, 2010
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
Rhonda Barnhard, Chair
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EXHIBIT A -1
CONDITIONS OF APPROVAL
Conditional Use Permit No. 10 -0546
I. The applicant's rights granted by this approval are subject to the following provisions:
® The project shall be in accordance with all approved plans, conditions of approval, and other
required permits and approvals. All construction shall comply with applicable building codes.
• All conditions imposed shall be diligently complied with at all times and all construction
authorized or required shall be diligently prosecuted to completion before the premises shall be
used for the purposes applied for under this approval.
• This approval will not be effective until ten (10) days after the date upon which it is granted by
the BZA to allow for appeal to the City Council. Any permit or license for any approval granted
shall not be issued until that effective date.
• This approval shall automatically be null and void two (2) years after the effective date unless
the applicant or successor has actually commenced the rights granted, or if the rights granted
are discontinued 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 BZA may initiate revocation of the rights granted if there is good cause, including but not
limited to, failure to comply with conditions of approval, complete construction or exercise the
rights granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal
Code pertaining to the premises for which the approval was granted. The BZA may also
consider under the revocation addition to or modification of any conditions if there is sufficient
cause, including but not limited to, complaints regarding the project or that the conditions are
not adequate for the intended purpose.
• Unless otherwise conditioned, this approval runs with the land and may continue under
successive owners provided all the above mentioned provisions are satisfied.
Il. The following conditions shall be satisfied as part of the approval of this project:
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
or 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.
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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 the operation of a recycling center for the purchasing of
California Redemption Value (CRV) containers from the public in a C -2 (Regional Commercial)
zone district at 2601 White Lane. The establishment's maximum permitted hours of operation
shall be 9:00 a.m. to 5:00 p.m., seven days a week.
3. Shopping carts and other items brought to the site by customers shall not be present on -site
beyond the center's permitted hours of operation.
4. The subject property, in its entirety, shall be maintained in a clean, odor and litter free manner.
III. The following are specific items that you need to resolve before you can obtain a
building permit or be allowed occupancy. These items include conditions and/or
mitigation required by previous site entitlement approvals (these will be specifically
noted), changes or additions that need to be shown on the final building plans, alert you
to specific fees, and other conditions for your project to satisfy the City's development
standards. The item will usually need to be shown on the final buildinq plans or
completed before a buildinq permit is issued. Each has been grouped by department so
that you know whom to contact if you have questions.
A. DEVELOPMENT SERVICES — BUILDING (Staff contact— Mark Fick 661- 326 -3437)
The developer shall include fire resistive wall construction details with the final building
plans for all exterior walls of any building that is within 5 feet of property lines if used for
residential purposes, or if the distance between the exterior walls and the property lines
are within the distances set forth in Table 602 of the 2007 California Building code if
used for commercial or industrial purposes.
2. Include with or show on the final building plans information necessary to verify that the
project complies with all disability requirements of Title 24 of the California Building
Code.
3. The Building Division will calculate and collect the appropriate school district impact fee
at the time they issue a building permit.
4. 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.
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B. DEVELOPMENT SERVICES — PLA14NING (Staff contact— Paul Heilman 661- 326 -3733)
The minimum parking required for this project has been computed based on use and
shall be as follows:
Use
Convenience market
Gasoline pumps
Recycling center
Square Parking
Footage Ratio
Required
Parking
1,370 1/200 sq. ft. (10 -space minimum) 10
NA (2 -space credit per pump) (8)
NA 1 /employee (+ 2 customer spaces) 3
Total Required: 5
(Note: 10 parking spaces are shown on the proposed site plan. By ordinance,
compact and tandem spaces cannot be counted toward meeting minimum parking
requirements.)
2. Minimum parking stall dimensions shall be 9 -feet wide by 18 -feet long. 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.
3. All parking lots, driveways, drive aisles, loading areas, and another vehicular access
ways, shall be paved with concrete, asphaltic concrete (A. C.), or other paved street
surfacing material in accordance with the Bakersfield Municipal Code (Sections
15.76.020 and 17.58.060 A.).
4. The developer shall include a copy of a final landscape plan with each set of the final
building plans submitted to the Building Division. Building permits will not be issued
until the Planning Division has approved the final landscape plan for consistency with
approved site plans and minimum ordinance standards (please refer to the attached
landscaping requirements in Chapter 17.61).
(NOTE: 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 plain. 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.)
5. Business identification signs are neither considered nor approved under this review.
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. Signs must comply with the Sign Ordinance (Chapter 17.60 of the Bakersfield
Municipal Code).
6. 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).
7. 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.
8. 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).
9. 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.
C. FIRE DEPARTMENT (Staff contact— Dave Weirather 661- 326 -3706)
All access (permanent and temporary) to and around any building under construction
must be at least 20 feet wide, contain no vehicle obstruction, and be graded to prevent
standing water. Barricades must be in place where ditches and barriers exist in or
cross roadways. Emergency vehicle access must always be reliable.
D. PUBLIC WORKS — ENGINEERING (Staff contact — George Gillburg 661- 326 -3997)
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.
E. PUBLIC WORKS — TRAFFIC (Staff contact — George Gillburg 661- 326 -3997)
Two -way drive aisles shall be a minimum width of 24 feet. If perpendicular (900)
parking spaces are proposed where a vehicle must back into these aisles, the minimum
aisle width shall be 25 feet. All drive aisle dimension shall be shown on the final
building plans.
2. Show the typical parking stall dimension on the final building plans (minimum stall size
is 9 feet x 18 feet).
F. . PUBLIC WORKS — SOLID WASTE (Staff contact — John Wilburn 661 - 326 -3114)
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:
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• Cart service -- 1 cubic yard /week or less 1 time per week
• Front loader bin services -- 1 cubic yard /week - 12 cubic yards /day
• Roll -off compactor service -- More than 12 cubic yards /day
2. Show on the final building plans refuse bin enclosures. Each enclosure shall be
designed according to adopted city standard (Detail #ST25 A and B), at the size
checked below Q. Before occupancy of the building or site is allowed, two 3 cubic yard
front loading type refuse bins shall be placed within the required enclosure.
❑ 6' deep x 8' wide (1 bin) ❑ 8' deep x 15' wide (3 bins)
Q 8' deep x 10' wide (2 bins) ❑ 8' deep x 20' wide (4 bins)
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).
3. 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.
4. Facilities that require grease containment must provide a storage location that is
separate from the refuse bin location. This shall be shown on the final building plans.
5. Facilities that participate in recycling operations must provide a location that is separate
from the refuse containment area.
6. Facilities with existing refuse service must improve the service location area(s) to
current adopted city standards (in accordance with Detail #ST25 A and B). These
improvements shall be clearly shown on the final building plans.
7. A letter of agreement for shared refuse service for the entire facility is required. The
area devoted to the new recycling center shall not interfere with existing refuse service.
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