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HomeMy WebLinkAboutRES NO 124-02 124-02 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD DENYING AN APPEAL BY NORTH BAKERSFIELD RECREATION & PARK DISTRICT OF THE BOARD OF ZONING ADJUSTMENT'S DECISION TO MODIFY/ADD CONDITIONS AS PART OF A COMPLIANCE/REVOCATION REVIEW OF AN APPROVED CONDITIONAL USE PERMIT THAT ALLOWED CONSTRUCTION OF A 22 ACRE PARK WITH LIGHTED MULTI-PURPOSE PLAY FIELDS AND COURTS, PICNIC FACILITIES, RESTROOMS, IN-LINE HOCKEY AND ARENA SOCCER COURTS AND OTHER RELATED PARK IMPROVEMENTS IN AN OS ZONE LOCATED AT 11225 BRIMHALL ROAD (NO. P99-0039) WHEREAS, the Board of Zoning Adjustment approved a conditional use permit (No. P99-0039) for North Bakersfield Recreation & Park District that allowed construction of a 22 acre park with lighted multi-purpose play fields and courts, picnic facilities, restrooms, in-line hockey and arena soccer courts and other related park improvements in an OS (Open Space) zone located at 11225 Brimhall Road; and WHEREAS, said Board initiated a compliance review/revocation hearing based on written concerns received from neighboring property owners who brought forth evidence that the placement of field lights adversely impacts and is a detriment to their neighborhood, and they requested that the Board of Zoning Adjustment re-evaluate the rights and conditions imposed on this park with respect to the lighted play fields, light standard placement, light glare and intensity, and permitted park activities; and WHEREAS, said Board through its Secretary set Tuesday, April 9, 2002, at the hour of 3:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public hearing before said Board on said compliance/revocation hearing, and notice of said hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, at said hearing the issue was duly heard and considered, and the Board of Zoning Adjustment closed the public hearing and continued the matter to May 14, 2002 for staff to prepare a resolution to modify and add conditions to said conditional use permit; and WHEREAS, at their meeting of May 14, 2002, the Board of Zoning Adjustment approved a resolution modifying the rights given to the applicant by amending and adding conditions of approval concerning Conditional Use Permit No. P99-0039; and WHEREAS, a timely appeal was filed by North Bakersfield Recreation and Parks District objecting to the Board of Zoning Adjustment's amendments to said conditional use permit with the Clerk of the City Council; and WHEREAS, the City Council through its Clerk set July 10, 2002, at the hour of 7:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public hearing before said Council on said appeal, and notice of said hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and -2- WHEREAS, at the above mentioned public hearing(s), all facts, testimony and evidence concerning the project was considered by the Council. WHEREAS, NOR agreed to modify certain conditions of the BZA's decision to limit the height of light standards on Field C to 70' and lights to remain on until 10:00 p.m., and lighting standards to be moved from Fields D and E after May 31,2003 to allow completion of the soccer season, with restrictions on their use; and WHEREAS, the City Council also directed staff to assist financially with the relocation of light standards, and further work with NOR concerning their use of future city-built soccer fields and review of new park facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: Ao The City Council hereby adopts the Board of Zoning Adjustment's findings as contained in their resolution (No. 02-15). The City Council hereby denies the appeal and modifies the decision by the Board of Zoning Adjustment to amend the rights of said Conditional Use Permit No. P99-0039 with changes to certain conditions as contained in Exhibit A. The City Manager and General Manager of NOR will meet within the next 60 days to discuss conditions of approval on future NOR parks within the City to avoid the reoccurrence of any misunderstandings. The City will reserve and guarantee programming for NOR needed time for lighted practices on at least two fields in the proposed 40 acre soccer park off Stockdale Highway. The City will contribute $25,000 from Council contingency to help defray the costs to NOR of compliance with the conditional use permit. Transfer $25,000 from Council Contingency to the Non-Departmental Operating Budget. .......... O00 .......... ©RIGINA~. -3- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUL 1 0 ?007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNClLMEMBER BENHAM, CARSON, COUCH, 14~N~N, MAGGARD, SALVAGGIO, SULLIVAN COUNCILMEMBER ~ COUNClLMEMBER ~*~ COUNCILMEMBER CITY CLERK and Ex Offic[~ Clerk of the Council of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN~ City Attorney ,-,,~ ORiGiNAl EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit No. P99-0039 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 one (1) year 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 rnay 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: All work shall be reviewed by the Kern County Waste Management and General Services Divisions according to the terms of the land lease agreement. Trees (predominantly evergreen species) shall be planted to create a continuous landscape canopy that provides a buffer to shield light along the east and south property lines in accordance with the plan submitted. The field lighting standards shall be generally placed as depicted on Site Plan #1. They shall be designed using the latest technology to reduce light and glare, and shall be shielded to reflect light away from adjacent residential properties and streets. 4. Parking shall be provided based on the proposed plan (251 spaces). Security lights adjacent to the eastern and southern property line shall be shielded completely from shining towards residential dwellings. These lights and all parking lot lights shall be turned off each evening by 10:30 p.m. ORiGINAl_ 10. 11. 12. No skate board parks, ramps or other organized/authorized skate board uses are allowed at the park under this permit. Signs shall be posted prohibiting skate board use at the park. If such facilities are to be proposed, the park operator shall request an amendment to this permit subject to the process for such amendment by the City. Signs shall be posted in the park that indicate the district's standard park hours (6 a.m. to 10:30 p.m.). No events or other activities shall be permitted to extend past 10:30 p.m. The two field lighting standards adjacent to the eastern property line (Field D) and the two field lighting standards adjacent to the south property line (Field E) shall be removed. These lighting standards may be placed elsewhere on the property where field lights have been approved (see attached Site Plan #1). Since it is too late to move the lights from Fields D and E for the upcoming soccer season, they may be operated until May 31, 2003. These lights shall be turned off no later than 8:30 p.m. 6 nights a week, and 9:30 p.m. one (1) night a week until May 31, 2003. These lighting standards shall be removed within 60 days after that date. The Planning Director may extend this time upon reasonable cause not to exceed an additional 30 days. The easternmost field (Field D) and the southernmost field (Field E) shall not be lighted. Field lighting standards for the central field (Field C) shall be no higher than 70'. Modifications to those standards will be required to ensure that no lights are directed onto Fields D or E. All lights on Field C shall be turned off each evening no later than 10:00 p.m. Field lighting standards for the north fields (Fields MB) shall not exceed a height of 90' from grade. These lights shall be turned off each evening no later than 10:30 p.m. Use of portable light sources, including but not limited to, vehicle headlights, spot lights, lighting generators or any other equipment or devices to light Fields D or E is prohibited. III. Site plan compliance list The following are specific items that the Site Plan Committee has noted that you need to resolve before you can obtain a building permit or be allowed occupancy. These items may include changes or additions that need to be shown on the final building plans, alert you to specific fees, and/or are comments that will help you in complying with the city's development standards. Each item will note when it is to be completed and they have been grouped by department so that you know who to contact if you have questions. Development Services - Building (staff contact - Phil Bums 661/326-3718) The applicant shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. You must submit a final soils report to the Building Division before they can issue a building permit. 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 State Building Code. Business identification signs are not considered nor approved under this review. A separate review and sign permit from 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). The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. Development Services - Planning (staff contact - Dave Reizer 661/326-3673) The applicant shall include a copy of a final landscape plan with each set of the final building plans submitted to the Building Division. In addition, one (1) copy of the landscape plan shall also be submitted to the Planning Division. Building permits will not be issued until the Planning Division has approved the final landscape plan for consistency with approved site plans and minimum ordinance standards (please refer to the attached standards - Chapter 17.61). Approved landscaping, parking, lighting, and other related site improvements shall be installed and inspected by the Planning Division before final occupancy of any building or site. Please schedule final inspections with the staff contact noted above. Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A). Lights shall be designed, arranged and shielded to reflect light away from adjacent residential properties and streets. All light fixtures shall be between 15' and 40' above grade with illumination evenly distributed across the parking area. Lighting direction and type of light fixture shall be shown on the final site plan or included with the building plans. Fire Department (Staff Contact - Dave Weirather 661/326-3706) Show on the final site plan on-site tim hydrant locations with required fire flows. Based upon available information, the minimum fire flow requirement will be 2,000 gallons per minute. The applicant shall install 2 fire hydrant(s) as shown by staff on the returned site plan. All fire hydrants must be purchased from the Fire Department. These hydrants must be installed and in working order before building permits can be issued to assure that adequate fire protection can be available during construction unless other arrangements for such protection are approved by the Fire Department. The applicant shall give the Fire Department one set of the engineered water plans before issuance of any building permit. Public Works - Engineering (staff contact -Janice Horcasitas 661/326-3576) The applicant shall construct curbs, gutters, 5.5' wide concrete sidewalks and street/alley paving on Brimhall Road (according to Agreement g99-30) and Jewetta Avenue according to adopted city standards. These improvements shall be shown on the final site plan submitted to the Building Division before any building permit will be issued. The applicant shall install 3 HPSV street lights as shown by staff on the returned site plan. The applicant shall be responsible for providing the labor and materials necessary to energize all newly installed street lights before occupancy of the building or site. These improvements shall be shown on the final building plans submitted to the Building Division before any building permit will be issued. The applicant shall install new connection(s) to the public sewer system. This connection shall be shown on the final building plans submitted to the Building Division before any building permit will be issued. All driveways, vehicular access and parking areas shall be paved with a minimum of 2" Type B, A.C. over 3" Class II A.B. according to the Bakersfield Municipal Code (Sections 15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer. This paving standard shall be noted on the final building plans submitted to the Building Division before any building permit will be issued. 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 Building Division. Before you can occupy any building or site, you must reconstruct or repair substandard off-site improvements 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. You must obtain a street permit from the Public Works Department 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. 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. Public Works - Traffic (staff contact - George Gillburg 661/326-3997) Show on the final building plans 42 ft. and 30 ft. wide (top-to-top) drive approach(es) as indicated by staff on the returned site plan. Drive approaches must be centered on drive aisles. Two-way drive aisles shall be a minimum width of 24 feet. If perpendicular (90°) parking spaces are proposed where a vehicle must back into these aisles, the minimum aisle width shall be 25 feet. All drive aisle dimensions shall be shown on the final building plans. Show the typical parking stall dimensions on the final building plans. Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over landscape areas no more than 21/2 feet provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles as required by the Planning Division. Public Works - Solid Waste (staff contact - John Wilbum 661/326-3114) Show on the final plan one, 6' x 8' refuse bin enclosure(s) designed according to adopted city standards (Detail #S43). Before occupancy of the building or site is allowed, one 3 cubic yard front loading type refuse bin(s) shall be placed within the required enclosure(s). Before building permits can be issued or work begins on the property, you must contact the staff person above to establish the level and type of service necessary for the collection of refuse an/or recycling materials. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. The Solid Waste Division will determine the appropriate service levels for refuse collection required for the project. These levels of service are based on how often collection occurs as follows: · Can or cart service -- · Front loader bin service -- · Rolloff compactor service -- 1 cubic yard/week or less 1 cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day ~3RIGIf4AL SITE PLAN #1 Brimhall Road ,-~ Fields AJB_ (lighted) Field E · .. (unlighted) Field C Field D (lighted) (unlighted) 'D 70' [] Light standard . 70' Light standard max height _ ~ Light standard permanently removed - .