HomeMy WebLinkAbout11-09, 11-0087RESOLUTION NO. 11 -09
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. 11-0087)
WHEREAS, Martina Juarez 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 2300 Panama Lane and is within a C -2 (Regional Commercial) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, April 12,
2011, 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:
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. 11 -0087 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, Fick, 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 12th day of
April, 2011.
DATED: April 12, 2011
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
Rhonda Barnhard, Chair
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EXHIBIT A -1
CONDITIONS OF APPROVAL
Conditional Use Permit No. 11 -0087
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.
II. 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.
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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.
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 2300 Panama 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. The proposed metal storage container shall be painted to match the
convenience market building.
4. 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.
5. 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 building
plans or completed before a building 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 - Steve Ewing 661 - 326 -3677)
Show on the final building plan how and where water will be drained from the
property. Show on the final building plan pedestrian access from the public
way and handicap parking. Private streets are not the public way.
2. 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.
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B.
3. Building plans shall show an approved concrete foundation that conforms to
the California Building Code.
DEVELOPMENT SERVICES - PLANNING (Staff contact - Paul Hellman 661 -326 -3733)
1. The minimum parking required for this project has been computed based on
use and shall be as follows:
Use
Square Parking
Footage Ratio
Required
Parking
Convenience market 2,600 1 space /200 sq. ft. (10 -space minimum) 13
Gasoline pumps NA (2 -space credit per pump) (8)
Recycling center NA 1 space /employee (+ 2 customer spaces) 3
Total Required: 8
(Note: 14 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. 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).
5. 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.
6. 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.
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A
Q
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.
PUBLIC WORKS - SOLID WASTE (Staff contact - John Wilburn 661 - 326 -3114)
You must contact the staff person noted above before building hermits can be
issued or work begins on the property to establish the level and type of service
necessary for the collection of refuse and /or recycled materials. Collection
locations must provide enough containment area for the refuse that is
generated without violating required zoning or setback restrictions (see
Planning Division conditions). Levels of service are based on how often
collection occurs as follows:
Cart service -- 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 bin (s) shall be placed within the required
enclosure(s).
❑ 6' deep x 8' wide (1 bin) ❑ 8' deep x 15' wide (3 bins)
121 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 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.
4. Refuse container must be relocated to a designated area within the southwest
portion of the site to the satisfaction of the Solid Waste Division.
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