HomeMy WebLinkAbout12-04, 12-0025RESOLUTION NO. 12 -04
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF
BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A
23.3 -ACRE SOLAR ELECTRIC POWER GENERATION FACILITY IN M -1
(LIGHT MANUFACTURING) AND M -2 (GENERAL MANUFACTURING)
ZONE DISTRICTS. (FILE NO. 12 -0025)
WHEREAS, WZI Inc. filed an application with the City of Bakersfield Planning Department
requesting a conditional use permit to develop a 23.3 -acre solar electric power generation
facility. The proposal is located at 7980 Allen Road and is in M -1 (Light Manufacturing) and M -2
(General Manufacturing) zone districts; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, February
14, 2012, 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 result in 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 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 15061 (b) (3).
3. That Conditional Use Permit No. 12 -0025 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 Fick, the Board of Zoning Adjustment approved this
resolution by the following roll call vote:
AYES: Bland, 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 14th day of
February, 2012.
DATED: February 14, 2012
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
v✓ Ryan Bland, Chair
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EXHIBIT A -1
CONDITIONS OF APPROVAL
Conditional Use Permit No. 12 -0025
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 (70) 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 anyway
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 development of a 23.3 -acre photovoltaic solar
electric power generation facility at 7980 Allen Road in M -1 (Light Manufacturing) and M-
2 (General Manufacturing) zone districts.
3. The applicant shall:
a. Notify the mineral owner of any and all development plans including sewer plans,
grading plans, etc., approved for the project area and evidence shall be submitted
to the City Planning Department. Proof of notification shall be provided to the
Planning Department via return receipt from US Postal Service;
b. Notify the mineral owner of any and all tract /parcel maps submitted to the City
Planning Department. The tract /parcel maps shall show the existing locations of
petroleum pipelines, wells and all attendant facilities within the project area, pursuant
to 15.66.080 of the Bakersfield Municipal Code. Specifically for tentative maps, the
information shown shall be pursuant to Bakersfield Municipal Code 16.16.030.S; and
c. Provide a written or graphical plan to the City during the early stages of the
development process that demonstrates how all existing petroleum related facilities
will be protected and integrated into the proposed development including location
of new pipeline corridors pursuant to Bakersfield Municipal Code 15.66.080.
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)
Prior to review of improvement plans by the City, the developer shall submit a
grading plan for the proposed site to be reviewed and approved by the City
Engineer and Building Official (Bakersfield Municipal Code Section 16.44.010).
With the grading plan, if the project is subject to the provisions of the National
Pollutant Discharge Elimination System (NPDES), a Notice of Intent (NOI) to comply
with the terms of the General Permit to Discharge Storm Water Associated with
Construction Activity (WQ Order No. 99- 08 -DWQ) must be filed with the State
Water Resources Control Board in Sacramento before the beginning of any
construction activity. Compliance with the general permit requires that a Storm
Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out,
and always be available for public inspection during normal construction hours.
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2. A grading permit is required prior to final plan approval. The developer shall
submit 4 copies of grading plans and 2 copies of the preliminary soils report to the
Building Division. A final soils report shall also be submitted to the Building Division
before they can issue a building permit. Please note that grading plans must be
consistent with the final building site plans and landscaping plans. Building permits
will not be issued until the grading permit is approved by the Building Division,
Planning Division (HCP), and Public Works Department.
3. The developer shall include fire resistive wall construction details with the final
building plans for all exterior walls of any building that is within the distance as set
forth in Table 602 of the California Building Code.
4. 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.
5. Buildings or structures shall require installation of an automatic fire sprinkler system
where required by the current California Building Code and City ordinance.
6. The Building Division will calculate and collect the appropriate school district
impact fee at the time they issue a building permit.
7. 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.
B. DEVELOPMENT SERVICES - PLANNING (Paul Hellman - Planner 661- 326 -3733)
A solid masonry wall shall be constructed adjacent to residentially zoned and /or
designated property. This wall must be shown on the final building plans and shall
be constructed a minimum height of 6 feet as measured from the highest
adjacent finished property grade. Construction of this wall may be phased with
development as approved by the Planning Director.
2. 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).
3. Habitat Conservation fees shall be required for this project and will be calculated
based on the fee in effect at the time we issue an urban development permit
(includes grading plan approvals) as defined in the
Implementation /Management Agreement (Section 2.21) for the Metropolitan
Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant
will receive acknowledgment of compliance with Metropolitan Bakersfield habitat
Conservation Plan (Implementation /Management Agreement Section 3.1.4). This
fee is currently $2,145 per gross acres, payable to the City of Bakersfield (submit to
the Planning Division). This fee must be paid before any grading or other site
disturbance occurs.
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Forms and instructions are available at the Planning Division or on the city's web
site at www.bakersfieldcity.us (go to Development Services Department).
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in
year 2014. Projects may be issued an urban development permit, grading plan
approval, or building permit and pay fees prior to the 2014 expiration date under
the current MBHCP. As determined by the City of Bakersfield, only projects ready
to be issued an urban development permit, grading plan approval or building
permit) before the 2014 expiration date will be eligible to pay fees under the
current MBHCP. Early payment or pre - payment of MBHCP fees shall not be
allowed. The ability of the City to issue urban development permits is governed by
the terms of the MBHCP. Urban development permits issued after the 2014
expiration date may be subject to a new or revised Habitat Conservation Plan, if
approved, or be required to comply directly with requests of the U.S. Fish and
Wildlife Agency and the California Fish and Game Department.
4. Prior to ground disturbance, the developer shall have a qualified consultant survey
the location for burrowing owls, and comply with the provisions of the Migratory
Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). Survey protocol shall be that
recommended by the State Department of Fish and Game. Developers shall be
subject to the mitigation measure recommended by the consultant. A copy of
the survey shall be provided to the Planning Department prior to ground
disturbance.
The burrowing owl is a migratory bird species protected by international treaty
under the Migratory Bird Treat Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA
makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird
listed in 50 C.F.R. Part 10 including feathers or other parts, nests, eggs, or products,
except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503,
3503.5, and 3800 of the California Department of Fish and Game Code prohibit
the taking, possession, or destruction of birds their nests or ems. To avoid
violation of the provisions of these laws generally requires that project related
disturbance at active nesting territories be reduces or eliminated during critical
phases of the nesting cycle (March 1- August 15, annually). Disturbance that
causes nest abandonment and /or loss of reproductive effort (e.g., killing or
abandonment of eggs or young) may be considered "taking" and is potentially
punishable by fines and /or imprisonment.
5. Prior to ground disturbance, the developer shall have a qualified consultant survey
the location for kit fox, and comply with the provisions of the Metropolitan
Bakersfield Habitat Conservation Plan. Survey protocol shall be recommended by
the State Department of Fish and Game. Developer shall be subject to the
mitigation measures recommended by the consultant. A copy of the survey shall
be provided to the Planning Department prior to ground disturbance.
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in
year 1014. Projects may be issued an urban development permit, grading plan
approval, or building permit and pay fees prior to the 2014 expiration date under
the current MBHCP. As determined by the City of Bakersfield, only projects ready
to be issued an urban development permit, grading plan approval or building
permit, before the 2014 expiration date, will be eligible to pay fees under the
current MBHCP. Urban development permits issued after the 2014 expiration date
may be subject to a new or revised Habitat Conservation Plan, if approved, or be
required to comply directly with requests of the U.S. Fish and Wildlife Agency and
the California Fish and Game Department.
6. Rooftop areas of commercial buildings (e.g., office, retail, restaurant, assembly,
hotel, hospital, church, school), and industrial buildings adjacent to residentially
zoned properties, shall be completely screened by parapets or other finished
architectural features constructed to a height of the highest equipment,
unfinished structural element or unfinished architectural feature of the building.
7. 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).
8. 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).
9. In the event a previously undocumented oil /gas well is uncovered or discovered
on the project, the developer is responsible to contact the Department of
Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR). The
developer is responsible for any remedial operations on the well required by
DOGGR. The developer shall also be subject to provisions of BMC Section
15.66.080 (B).
10. 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).
11. 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. The developer shall show on the final building plans a minimum 20 -foot wide all -
weather emergency access with an overhead clearance of 13 feet 6 inches
within 150 feet of all buildings on the project site. The Fire Department must
approve the final location and design of the access prior to building permits being
issued. This access shall be constructed before building occupancy will be
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granted.
2. 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.
3. If you handle hazardous materials or hazardous waste on the site, the Prevention
Services Division may require a hazardous material management and /or risk
management plan before you can begin operations. Please contact them at
661 - 326 -3979 for further information.
4. If you treat hazardous waste on the site, the Prevention Services Division may
require a hazardous waste "Tiered" permit before you can begin operations.
Please contact them at 661- 326 -3979 for further information.
5. If you store hazardous materials on the site in either an underground or a
permanent aboveground storage tank, a permit from the Prevention Services
Division is required to install and operate these tanks. The Prevention Services
Division may also require a Spill Prevention Control and Countermeasure Plan for
storage of petroleum products above ground in quantities of 1,320 gallons or
more. Please contact them a t 661- 326 -3979 for further information.
D. PUBLIC WORKS - ENGINEERING (Staff contact - George Gillburg 661- 326 -3997)
1. 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.
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. 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.
4. The developer shall form a new maintenance district.
5. 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.
6. This project may be located within a Planned Sewer Area. Please contact the
Public Works Department - Subdivisions at 661 - 326 -3576 to determine what fees
may apply.
7. This project may be located within a Planned Drainage Area. Please contact the
Public Department - Subdivisions at 661- 326 -3576 to determine what fees may
apply.
8. The access road to the site shall be paved for all weather access to City
standards.
E. 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:
• Cart service
• Front loader bin services
• Roll -off compactor service
M
1 cubic yard /week or less 1 time per week
1 cubic yard /week - 12 cubic yards /day
More than 12 cubic yards /day
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