HomeMy WebLinkAbout11-18, 11-0252RESOLUTION NO.I
RESOLUTION OF THE BOARD OF ZON
CITY OF BAKERSFIELD APPROVING A
PERMIT TO OPERATE A RECYCLING C
PURCHASING OF CALIFORNIA REDEI
CONTAINERS FROM THE PUBLIC, COP
OUTDOOR RECEIVING AND PROCES;
SQUARE FOOT INDOOR STORAGE AF
MANUFACTURING) ZONE DISTRICT. (
WHEREAS, Bellen Gonzales filed an applies
Planning Department requesting a conditional u.
for the purchasing of California Redemption Vall
consisting of an outdoor receiving and processin
storage area. The proposal is located at 1400 Su
Manufacturing) zone district; and
\,1G ADJUSTMENT OF THE
CONDITIONAL USE
-NTER FOR THE
iPTION VALUE (CRV)
ISISTING OF AN
ING AREA AND A 5,500
EA, IN AN M -2 (GENERAL
ILE NO. 11 -0252)
on with the City of Bakersfield
permit to operate a recycling center
(CRV) containers from the public,
area and a 5,500 square foot indoor
ner Street and is in an M -2 (General
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY,
August 9, 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 C de; and
WHEREAS, a public hearing was held befor the Board of Zoning Adjustment on
said date, and no testimony was received either i support or opposition of the project;
and
WHEREAS, the laws and regulations relating
Quality Act (CEQA) and the City of Bakersfield's C
have been duly followed by city staff and the Boc
WHEREAS, the above described project is
CEQA in accordance with Section 15303; and
to the California Environmental
=QA Implementation Procedures
'd of Zoning Adjustment; and
mpt from the requirements of
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 r port, initial study, and evidence
received both in writing and by verbal testimony t the above referenced public
hearing(s), support the findings contained in this r solution; 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:
All required public notices have bee given. Hearing notices regarding
the proposed project were mailed t property owners within 300 feet of
the project area and published in a I cal newspaper of general
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3.
4.
circulation 10 days prior to the heari
The provisions of CEQA and City of E
Procedures have been followed. St
project is exempt from CEQA under
consists of the conversion of an exis-
another with no exterior modificatio
akersfield CEQA Implementation
iff determined that the proposed
Section 15303, because the project
ng small structure from one use to
is to the structure.
The proposed use is desirable to the Ipublic convenience.
The proposed use is in harmony with the various elements and objectives
of the Metropolitan Bakersfield Gen oral Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD as follows:
That the above recitals, incorpora
2. That the proposed project is exe
3. That Conditional Use Permit No. 1 1 -c
hereby approved subject to the co
mitigation measures as contained ii
On a motion by Board Member Fick, the Bc
this resolution by the following roll call vote:
AYES: Barnhard, Fick, Underwood
NOES:
ABSENT:
I HEREBY CERTIFY that the foregoing resol
Board of Zoning Adjustment of the City of Baker
9t" day of August, 2011.
DATED: August 9, 2011
herein, are true and correct.
from CEQA under Section 15303.
?52 as described in this resolution, is
ditions of approval and any
Exhibit "A -1 ".
of Zoning Adjustment approved
Dn was passed and adopted by the
old at a regular meeting held on the
2
EXHIBIT
CONDITIONS OF �PPROVAL
Conditional Use Permit No. 11 -0252
I. The applicant's rights granted by this approval are subject to the following
provisions:
• The project shall be in accordance with all
approval, and other required permits and
comply with applicable building codes.
• All conditions imposed shall be diligently c
construction authorized or required shall b
before the premises shall be used for the
approval.
• This approval will not be effective until ten
is granted by the BZA to allow for appeal 1
license for any approval granted shall not
• This approval shall automatically be null c
effective date unless the applicant orsuc
rights granted, or if the rights granted are
one (1) year or more. This time can be e)
year by the approving body.
The BZA may initiate revocation of the right
including but not limited to, failure to come
complete construction or exercise the right
tenant of any provision of the Bakersfield M
premises for which the approval was grantE
the revocation addition to or modification
cause, including but not limited to, compla
conditions are not adequate for the intend
Unless otherwise conditioned, this approval
under successive owners provided all the a
satisfied.
II. The following conditions shall be satisfied as
1. In consideration by the City of Bakersfield
not limited to related environmental appr(
project, the applicant, and /or property ov
herein) agrees to indemnify, defend, and
officers, agents, employees, departments,
herein) against any and all liability, claims,
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approved plans, conditions of
pprovals. All construction shall
replied with at all times and all
diligently prosecuted to completion
poses applied for under this
0) days after the date upon which it
the City Council. Any permit or
issued until that effective date.
void two (2) years after the
;sor has actually commenced the
:ontinued for a continuous period of
ded for up to one (1) additional
granted if there is good cause,
y with conditions of approval,
granted, or violation by the owner or
micipal Code pertaining to the
d. The BZA may also consider under
f any conditions if there is sufficient
its regarding the project or that the
?d purpose.
with the land and may continue
mentioned provisions are
of the approval of this project:
land use entitlements, including but
als related to or arising from this
er and /or subdivider ( "Applicant"
old harmless the City of Bakersfield, its
ommissioners or boards ( "City"
ctions, causes of action or demands
l
whatsoever against them, or any of them,
tribunals of any kind whatsoever, in any we
provisions of this application, including witl
any related development approvals or co
or not, except for CITY's sole active negligi
This indemnification condition does not pre
any decision by the City related to this proj
condition apply regardless of whether any
issued.
The City will promptly notify Applicant of ai
falling under this condition within thirty (30)
The City, in its sole discretion, shall be allow
law firm to defend the City at the sole cost
the City is not obligated to use any law firrr
or party.
2. This conditional use permit allows for the or
purchasing of California Redemption ValuE
consisting of an outdoor receiving and pro
indoor storage area, at 1400 Sumner Street
zone district. The establishment's maximum
6:00 a.m. to 8:00 p.m. seven days a week.
>efore administrative or judicial
i arising from, the terms and
)ut limitation any CEQA approval or
ditions whether imposed by the City,
ice or willful misconduct.
ent the Applicant from challenging
ct and the obligations of this
ther permits or entitlements are
� such claim, action or proceeding,
Jays of actually receiving such claim.
�d to choose the attorney or outside
)nd expense of the Applicant and
or attorney chosen by another entity
eration of a recycling center for the
(CRV) containers from the public,
;essing area and a 5,500 square foot
in an M -2 (General Manufacturing)
permitted hours of operation shall be
3. Shopping carts and other items brought to I he site by customers shall not be
present on -site beyond the center's permit ed hours of operation.
4. The property owner shall be responsible for
odor, litter, trash and graffiti; any graffiti pa
shall be removed or painted over within 72
The following are specific items that you nE
building permit or be allowed occupancy.
and /or mitigation required by previous site
specifically noted), changes or additions tt
building plans, alert you to specific fees, at
satisfy the City's development standards. 1
has been grouped by department so that
questions.
DEVELOPMENT SERVICES - BUILDING (Staff c
1. Prior to review of improvement plans
submit a grading plan for the propos
approved by the City Engineer and I
Code Section 16.44.010). With the gi
0
iaintaining the premises free of
ted or marked upon the premises
ours after discovery.
1 to resolve before you can obtain a
iese items include conditions
ititlement approvals (these will be
need to be shown on the final
other conditions for your project to
a building permit is issued. Each
know whom to contact if you have
-Steve Ewing 661- 326 -3677)
by the City, the developer shall
d site to be reviewed and
wilding Official (Bakersfield Municipal
ading plan, if the project is subject to
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the provisions of the National Pollutc
(NPDES), a Notice of Intent (NO]) to
Permit to Discharge Storm Water As!
(WQ Order No. 99- 08 -DWQ) must bE
Control Board in Sacramento beforE
activity. Compliance with the gene
Pollution Prevention Plan (SWPPP) bE
and always be available for public i
hours.
A grading permit is required prior to
shall submit 4 copies of grading plat
report to the Building Division. A fin(
the Building Division before they car
that grading plans must be consiste
landscaping plans. Building permits
permit is approved by the Building C
Public Works Department.
nt Discharge Elimination System
:omply with the terms of the General
:)ciated with Construction Activity
filed with the State Water Resources
the beginning of any construction
-al permit requires that a Storm Water
prepared, continuously carried out,
ispection during normal construction
nal plan approval. The developer
and 2 copies of the preliminary soils
soils report shall also be submitted to
issue a building permit. Please note
t with the final building site plans and
vill not be issued until the grading
vision, Planning Division (HCP), and
An approved site utilities plan is requlired prior to final plan approval.
Show on the final building plan how
the property. Show on the final buil(
public way and handicap parking.
The developer shall include fire resist
final building plans for all exterior wa
distance as set forth in Table 602 of t
Include with or show on the final buil
verify that the project complies with
the California Building Code.
ind where water will be drained from
ng plan pedestrian access from the
rivate streets are not the public way.
wall construction details with the
of any building that is within the
California Building Code.
ng plans information necessary to
I disability requirements of Title 24 of
The Building Division will calculate ar�d collect the appropriate school
district impact fee at the time they is ue a building permit.
Final Building plans shall show pedes
for persons with disabilities from publ
accessible buildings, facilities, elemE
the California Building Code. These
parallel to vehicular lanes unless sep
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:in access pathways or easements
rights -of -ways that connect to all
s, and spaces in accordance with
�destrian access ways shall not be
eted by curbs or railings.
B. DEVELOPMENT SERVICES - PLANNING (Staff Icontact - Paul Hellman 661 - 326 -3733)
2.
3.
The minimum parking required for t
on use and shall be as follows:
Square
Use Footage
Existing:
Manufacturing /shop 10,000 sq.
Proposed:
Recycling warehouse 5,500 sq. ft.
project has been computed based
Parking Required
Ratio Parking
1 space /500 sq. ft. 20 spaces
1 space /1,000 sq. ff. 6 spaces
Total Required: 26 spaces
(Note: 35 parking spaces are show on the proposed site plan. By
ordinance, compact and tandem sADaces cannot be counted toward
meeting minimum parking requiremonts.)
Minimum parking stall dimensions sh
Vehicles may hang over landscape
provided required setbacks along si
trees and shrubs are protected frorr
All parking lots, driveways, drive aisl
vehicular access ways, shall be pay
(A. C.), or other paved street surfac
Bakersfield Municipal Code (Sectior
III be 9 -feet wide by 18 -feet long.
areas no more than 2-1/2 feet
-eet frontages are maintained, and
vehicles.
loading areas, and another
d with concrete, asphaltic concrete
g material in accordance with the
15.76.020 and 17.58.060 A.).
4. Lighting is required for all parking lot!,
except residential lots with four units
or less (Section 17.58.060 A.). Illumination
shall be evenly distributed across
the parking area with light fixtures designed
and arranged so that light is
directed downward and is reflected
away from adjacent properties and
streets. Use of glare shields or baffles
may be required for glare reduction
or control of back light. No light poles,
standards and fixtures, including
bases or pedestals, shall exceed a height
of 40 feet above grade.
However, light standards placed less
than 50 feet from residentially zoned
or designated property, or from exist
ng residential development, shall not
exceed a height of 15 feet. The fina
building plans shall include a picture
or diagram of the light fixtures being
used and show how light will be
directed onto the parking area. Ple
se note that staff can require
additional adjustments to installed lighting
after occupancy to resolve
glare or other lighting problems if they
negatively affect adjacent
properties.
5. The developer shall include a copy f 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 PI nning Division has approved the final
landscape plan for consistency with approved site plans and minimum
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7.
ordinance standards (please refer
requirements in Chapter 17.61).
(NOTE: At the time a final site inspf
plants will match the species ident
consistent with the approved land:
prior approval of the Planning staff
relocation of installed plant mated
occupancy.)
Business identification signs are neith
this review. A separate sign permit, i
Divisions and issued by the Building C
including future use and constructio
Sign Ordinance (Chapter 17.60 of th
Open storage of materials and equi
screened with a solid wall or fence (
fence shall be at least 6 feet in heigl
above the height of the fence. (No'.
allowed in commercial and industric
permit).
Areas used for outside storage, shall
binder or other permanent dust con
regulations of the San Joaquin Valle
All passenger vehicle - parking areas
the attached landscaping
on is conducted, it is expected that
d and be installed in the locations
pe plan. Changes made without
zy result in the removal and /or
and delays in obtaining building
r considered nor approved under
viewed by the Planning and Building
vision, is required for all new signs,
signs. Signs must comply with the
Bakersfield Municipal Code).
ment shall be surrounded and
- reening also applies to gates). This
and materials shall not be stacked
Fences taller than 6 feet are
zones but they will require a building
,e treated with a permanent dust
DI measure consistent with the
Air Pollution Control District. (Note:
ust be paved).
9. Refuse collection bin enclosures and container areas are subject to all
required structural setback from stre t frontages, and shall not reduce any
parking, loading or landscaping are s as required by the Zoning
Ordinance.
a
The developer shall meet all regulatic
Pollution Control District (Regulation
during construction of the project. tv
to; use of water or chemical stabilize
emission from disturbed area, stock K
wetting materials that are transporte
speed to 15 mph on all unpaved are
before they enter public streets to mi
grading and earth moving during pe
Prior to receiving final building or site
Planning Division (staff contact notes
approval of the landscaping, parkinc
improvements. Inspections will not b'
have been installed. Any deviations
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ns of the San Joaquin Valley Air
III) concerning dust suppression
�-thods include, but are not limited
'suppressants to control dust
les, and access ways; covering or
I off -site; limit construction - related
is /washing of construction vehicles
iimize carryout /track out; and cease
ods of high winds (20 mph or more).
) ccupancy, you must contact the
above) for final inspection and
lot, lighting and other related site
conducted until all required items
rom the approved plans without
C.
prior approval from the Planning I
delays in obtaining a building or s
FIRE DEPARTMENT (Staff contact - Dave W
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sion may result in reconstruction and
occupancy.
661- 326 -3706)
Show on the final building plans the following items:
W
flow data on all hydrants. Hy
condition and are subject to
requirements must be met pr
the project site. Please provi
plans to Dave Weirather. (N(
purchased from the Fire Dep
b. All fire sprinkler and /or stand
commercial hood systems.
review and permits by the Fi
will issue guidelines for these
project.
The developer must request an insp
feeds at least 24 hours before they,
Division (1501 Truxtun Avenue, Bake
complete all on -site inspections of f
systems before any building is occu
All access (permanent and tempor(
construction must be at least 20 fee
and be graded to prevent standing
where ditches and barriers exist in of
access must always be reliable.
If you handle hazardous materials or
Prevention Services Division may req
management and /or risk managem
operations. Please contact them at
If you treat hazardous waste on the
may require a hazardous waste "Tier
operations. Please contact them at
If you store hazardous materials on tf
permanent aboveground storage tc
Services Division is required to install (
Prevention Services Division may alsc
and Countermeasure Plan for storag
ground in quantities of 1,320 gallons
earest to site) and on -site. Include
irants shall be in good working
esting for verification. Fire flow
)r to construction commencing on
e 2 sets of the engineered water
e: All new fire hydrants must be
rtment.)
ipe systems, fire alarms and
ese suppression systems require
Department. The Fire Department
:irious items as they may apply to this
Lion of any underground sprinkler
buried. The Prevention Services
eld CA, Ph. 661/326-3979) must
sprinkler systems and fire alarm
ry) to and around any building under
wide, contain no vehicle obstruction,
mater. Barricades must be in place
cross roadways. Emergency vehicle
hazardous waste on the site, the
)ire a hazardous material
;nt plan before you can begin
661 - 326 -3979 for further information.
te, the Prevention Services Division
:d" permit before you can begin
561- 326 -3979 for further information.
e site in either an underground or a
ik, a permit from the Prevention
nd operate these tanks. The
require a Spill Prevention Control
of petroleum products above
>r more. Please contact them a t
661 - 326 -3979 for further information.
PUBLIC WORKS - ENGINEERING (Staff
2.
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If a grading plan is required by the E
not be issued until the grading plan
Department and the Building Divisio
If the project generates industrial we
requirements of the Industrial Waste
permit must be obtained from the P
issuance of the building permit. To f
considered industrial, please conta(
Superintendent at 661 - 326 -3249.
Before any building or site can be c
reconstruct or repair substandard o
the site to adopted city standards c
Please call the Construction Superir
site inspection to find out what impr
A street permit from the Public Work
before any work can be done withi
alleys, easements). Please include
to the department at the time you
A sewer connection fee shall be pai
issued. We will base this fee at the r(
permit is issued.
A transportation impact fee for regi
a building permit is issued, or if no b
occupancy of the building or site. 1
effect at the time the building perrr
Department will calculate an estim(
construction plans for the project.
- George Gillburg 661- 326 -3997)
ilding Division, building permits will
approved by both the Public Works
>te, it shall be subject to the
)rdinance. An industrial waste
blic Works Department before
id out what type of waste is
the Wastewater Treatment
:�upied, the developer must
site street improvements that front
directed by the City Engineer.
;ndent at 661 - 326 -3049 to schedule a
✓ements may be required.
Department shall be obtained
the public right -of -way (streets,
copy of this site plan review decision
)ply for this permit.
i at the time a building permit is
to in effect at the time a building
,)al facilities shall be paid at the time
Iding permit is required, before
is fee will be based at the rate in
is issued. The Public Works
e of the total fee when you submit
7. The developer shall form a new maintenance district.
E. PUBLIC WORKS - TRAFFIC (Staff contact - George Gillburg 661- 326 -3997)
Show on the final building plans a mi
approach with 2 inches of asphaltic
approved base material to the satisf
0
imum 24 -foot wide (top -to -top) drive
oncrete (A.C.) over 4 inches of
ction of the City Engineer.
F. PUBLIC WORKS - SOLID WASTE (Staff co
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materials. Collection locations mu!
for the refuse that is generated witf
setback restrictions (see Planning D
based on how often collection occ
• Cart service -- 1 c
• Front loader bin services -- 1 c
• Roll -off compactor service -- Mo
Show on the final building plans ref
shall be designed according to ad
and B), at the size checked below
or site is allowed, two 3 cubic yard
placed within the required enclosu
❑ 6' deep x 8' wide (1 bin)
Q 8' deep x 16' wide (2 bins)
enclosure. If both refuse and recy(
the same enclosure area, this area
accommodate multiple container
for the appropriate enclosure size).
Facilities that require infectious wast
separate infectious waste storage a
Department. In no instances shall tI-
infectious waste containment purpc
Facilities that require grease contair
that is separate from the refuse bin I
final building plans.
Facilities that participate in recyclin
that is separate from the refuse cor
Facilities with existing refuse service
area(s) to current adopted city star
#ST25 A and B). These improvemen
building plans. The refuse pad must
35 -foot refuse vehicle.
ice
-John Wilburn 661- 326 -3114)
provide enough containment area
ut violating required zoning or
ision conditions). Levels of service are
rs as follows:
bic yard /week or less 1 time per week
bic yard /week - 12 cubic yards /day
than 12 cubic yards /day
e bin enclosures. Each enclosure
)ted city standard (Detail #ST25 A
. Before occupancy of the building
)nt loading type refuse bin(s) shall be
(s).
❑ 8' deep x 15' wide (3 bins)
❑ 8' deep x 20' wide (4 bins)
g containers are to be combined in
ist be expanded in size to
ns (contact the staff person above
services shall obtain approval for
as from the Kern County Health
refuse bin area be used for
nt must provide a storage location
tion. This shall be shown on the
operations must provide a location
iinment area.
lust improve the service location
lards (in accordance with Detail
shall be clearly shown on the final
)e sited to allow for a direct stab by a
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