HomeMy WebLinkAbout11-11, 11-0166RESOLUTION NO. 11 -11
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF
BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT TO OPERATE A
FIXED DRY -MIX CONCRETE BATCH PLANT WITH A MAXIMUM DAILY
OUTPUT OF 20 CUBIC YARDS IN AN M -1 (LIGHT MANUFACTURING)
ZONE DISTRICT. (FILE NO. 11 -0166)
WHEREAS, Construction Specialty Service, Inc. filed an application with the City of
Bakersfield Planning Department requesting a conditional use permit to operate a fixed dry-mix
concrete batch plant with a maximum daily output of 20 cubic yards. The proposal is located
at 4550 Buck Owens Boulevard and is in an M -1 (Light Manufacturing) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, May 10,
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 15303; 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 15303, because the project consists of the construction of a
new, small facility on a developed industrial site.
3. The proposed use is desirable to the public convenience.
4. The proposed use is in harmony with the various elements and objectives 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 project is exempt from CEQA under Section 15303.
3. That Conditional Use Permit No. 11 -0166 as described in this resolution, is hereby
approved subject to the conditions of approval and any mitigation measures as
contained in Exhibit "A -1 V.
On a motion by Board Member Fick, the Board of Zoning Adjustment approved this
resolution by the following roll call vote:
AYES: Fick, Kunz
NOES:
ABSENT: Rojas
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 10th day of May,
2011.
DATED: May 10, 2011
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
Donna Kunz, Chair d'
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1. 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 (I) 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.
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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 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 fixed dry-mix concrete
batch plant with a maximum daily output of 20 cubic yards of concrete in an M -1
(Light Manufacturing) zone district located at 4550 Buck Owens Boulevard.
3. The concrete batch plant's maximum daily throughput shall be no more than 24
tons of sand, 24 tons of gravel, 26 tons of cement, and 20 cubic yards of concrete,
and the sand and gravel stockpile area shall be a maximum of 400 square feet.
4. The concrete batch plant shall be established and operated in compliance with
all applicable local, State of California, and federal regulations, including those of
the San Joaquin Valley Air Pollution Control District.
Show on the final building plan a design by a California Registered Civil /Structural
Engineer for the foundation and anchorage of all structures in conformance with
the current California Building Code and an electrical plan in conformance with
the current California Electrical Code.
2. Show on the final building plan how and where water will be drained away from
structures and toward approved drainage facilities.
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.).
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2. Business identification signs are neither considered nor aparoved 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).
3. 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).
4. Areas used for outside storage, shall be treated with a permanent dust binder or
other permanent dust control measure consistent with the regulations of the San
Joaquin Valley Air Pollution Control District. (Note: All passenger vehicle - parking
areas must be paved).
5. 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).
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.
C. FIRE DEPARTMENT (Staff contact - Dave Weirather 661 -326 -3706)
1. 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.
The proposed access drive to Rio Mirada Drive and an area of 100 feet by 100
feet minimum surrounding the concrete batch plant shall be paved with a
minimum thickness of 0.3 feet Type B.A.C. over 0.5 feet Class II AB. If used,
concrete shall be a minimum thickness of 0.5 feet.
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2. 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.
3. 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. Please call the Construction
Superintendent at 661 - 326 -3049 to schedule a site inspection to find out what
improvements may be required.
4. 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.
5. A sewer connection fee shall be paid at the time a building permit is issued. We
will base this fee at the rate in effect at the time a building permit is issued.
6. A transportation impact fee for regional facilities shall be paid at the time a
building permit is issued, or if no building permit is required, before occupancy of
the building or site. This fee will be based at the rate in effect at the time the
building permit is issued. The Public Works Department will calculate an estimate
of the total fee when you submit construction plans for the project.
7. The developer shall form a new maintenance district.
8. 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.
. . .t
1. 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:
• 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 0. 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).
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❑ 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. Show on the final building plans 1 -2 roll -off bin locations. Please contact staff for
additional information on requirements and placement.
4. 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.
5. 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.
6. Facilities that participate in recycling operations must provide a location that is
separate from the refuse containment area.
7. 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.
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