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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 -2- 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. -3- 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. 0 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. -5- 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. M� W O O r� ^W 1..1. � W �/ Z O Z O U 1SHS M � N N U N 0 0 v � w N ti N Z 'L 'O' C) N n Z J Q Q Z a< 7b...— vOa iJ =wI N c0 0 0 r-- W CL W H J Z O F=- Z W o v � c7 �Oy �a a 0 U U w aQy ul� 0 F w � a ry yC] Z d a ,o 3 9 .�m is ANOJOD MOII.i+InD- o U RouvinOMD z w Holadzr►��uo �, w i SEE-] z z a