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HomeMy WebLinkAboutORD NO 4080ORDINANCE NO. 4 0 8 0 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 103-19) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-I (ONE FAMILY DWELLING) AND C-2 (REGIONAL COMMERCIAL) TO PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE ON 3.89 ACRES LOCATED WEST OF UNION AVENUE AND SOUTH OF WEST COLUMBUS STREET, AT THE WESTERN END OF WEST JEFFREY STREET, TO ALLOW A MINI-STORAGE FACILITY (FILE# ZC 02-0218). WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning for certain property in the City of Bakersfield located west of Union Avenue and south of W. Columbus Street, at the western end of W. Jeffery Street; and WHEREAS, by Resolution No. 62-02 on June 20, 2002, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve ZC 02-0218 as delineated on attached Zoning Map No. 103-19, marked Exhibit "1", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, BMC Section 17.54.020 B.1 allows mini-storage facilities to be approved within a PCD (Planned Commercial Development) zone as a conditional use; and WHEREAS, for the above-described proposal, an initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment, and, therefore, a Negative Declaration was prepared and posted on May 31 2002, in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission, and this Council; and WHEREAS, the general plan designation for this area allows PCD (Planned Commercial Development) development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All above recitals are true and correct. The provisions of the California Environmental Quality Act have been met. 4. 5. 6. 10. The proposed project would not have a significant effect on the environment. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA)for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711.4 of the State of California Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above- reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to the PCD zone. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. The conditions of approval, attached hereto as Exhibit "3" are needed to provide for orderly development, and the public health, welfare and safety; and Pursuant to BMC Section 17.54.070 the City Council found that: The proposed planned commercial development zone and preliminary development plan is consistent with the General Plan and objectives of this ordinance. The proposed development will constitute a commercial environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community. The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, signs, landscaping and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided on the property. 2 11. Pursuant to BMC Section 17.54.020 B.1. the City Council found that: The proposed use is essential or desirable to the public welfare. The proposed use is essential in the area. The approval of this proposal is consistent with the purpose and intent of the City of Bakersfield's Zoning Ordinance and complies with the minimum required codes, policies and standards for development adopted by the City Council. The proposal is consistent with the goals, objectives and policies of the Metropolitan Bakersfield 2010 General Plan. The proposed use, while meeting the goals, objectives and policies of the general plan, is a Iow impact commemiai use of this site which is designated as General Commercial. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. The above recitals and findings are true and correct and constitute the Findings of the Council, incorporated herein. The Negative Declaration is hereby adopted for Zone Change No. 02- 0218. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning from R-1 (2.99 acres) and C-2 (.9 acres) to P.C.D. (Planned Commercial Development) to develop a mini-storage facility on 3.89 acres of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 103-19, marked Exhibit "1" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "2". 4. That Zone Change No. 02-0218, as outlined above, is hereby subject to the conditions of approval as provided in Exhibit "3". 5. That the mini-storage facility shall be developed consistent with the submitted and approved site plan, landscaping plan, elevation drawings, and all conditions of approval. 6. The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the CEQA Guidelines adopted pursuant thereto and a Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code. !~R~!NAL SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ......... o00 ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on September 4, 2002, by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Cler~/of the Council of the City of Bakersfield SEP 4 Z00Z APPROVED ~'lJ,~ Ry~ERYofL~hHeAcLit~ of Ba~//ersfielO APPROVED a~to form: BART THILT~N City Attorney/ By: ,,?.~..,.~.~ ,~ ~ ~..~ S:\GPA 2nd Qtr 2002~02-0218\OZC-CC 02-0218 wpd 4 oR~GINAt ZONE CHANGE 02-0218 I ,.... ,..~ EXI,~BIT ~,1 ZONING MAP 1~-19 ~' EXHIBIT 2 LEGAL DESCRIPTION Zone Change No. 02-0218 That portion of the NE 1/4 of Section 19, Township 29 South, Range 28 East, M.D.M., in the City of Bakersfield, County of Kern, State of California, according to the Official Plat thereof, described as follows: Beginning at the Northwest corner of Tract No. 2146, as per Map recorded in Book 10, Page 27 of Maps, of said County; thence (1) South 89°14'40'' East along the North line of said Tract, a distance of 275.00 feet to a point in the West line of that certain parcel of land described by Deed and recorded in Book 4309, Page 506 of Official Records of said County; thence (2) North 00013'15'' East along last named West line of Record, a distance of 60.00 feet to a point in the South line of that certain parcel of land described by Deed and recorded in Book 3655, Page 4 thru 43 and Book 3849. Page 23 of Official Records of said County; thence (3) North 89°14'40" West along last named South line, a distance of 358.17 feet to the Southwest corner of said Parcel recorded in Book 3849, Page 23 of Official Records of said County; thence (4) North 04°12'00'' West, along the West line of last named Deed of Record, a distance of 140.99 feet to a point in the South line of that certain parcel of land described by Deed and recorded in Book 3891, Page 409 of Official Records of said County; thence (5) North 89°14'40"West along last named South line, a distance of 109.00 feet to the Southwest corner thereof of last named Deed of Record; thence (6) North 00~13'15'' East along the West line of last said Parcel of record, a distance of 150.00 feet to a point in the South line of Parcel No. 1 of last said Deed of Record; thence (7) North 89°14'40" West along last named South line and its Westerly extension, a distance of 129.56 feet to a point in the Westerly line of that certain parcel of land described by Deed and recorded in Book 2660, Page 268 of Official Records of said County; thence (8) South 25~26'45" East along last named Westerly line, a distance of 282.91 feet; thence (9) continuing along last named Westerly line South 16053'45" East, a distance of 325.80 feet; thence (10) continuing along last named Westerly line, South 10°33'45'' East, a distance of 173.20 feet; thence (11) continuing along last named Westerly linet South 27°09'45" East, a distance of 242.80 feet; thence (12) continuing along last named Westerly line, South 35~07'45" East, a distance of 230.50 feet; thence(13) continuing along last named Westerly line South 22°08'45'' East, a distance of 128.03 feet to a point in the North line of that certain parcel of land described by Deed and recorded in Book 4195, Page 50 of Official Records, of said County; thence (14) South 89°59'45'' East along last named North line, a distance of 52.73 feet to a point in the Westerly line. of that certain parcel of land described by Deed and recorded in Book 3335, Page 310 of Official Records of said County; thence (15) North 21°37'08'' West along last named Westerly llne, a distance of 215.05 feet to the Southwest corner of that certain parcel of land described by Deed and recorded in Book 3337, Page 627 of Official Records of said County; thence (16) North 08~40'06'' West along the Westerly line of last named Deed of Record, a distance of 64.65 feet to the Southwest corner of said Tract No. 2146; thence (17) North 26°21,00" West along the Westerly line of said Tract No. 2146, a distance of 354.66 feet; thence (18) continuing along last named Westerly line. North 06~29'40" East, a distance of 183.63 feet; thence (19) continuing along last named Westerly line North 14~10'40" West, a distance of 146.50 feet to the Contains: 3.89 Acres more or less EXHIBIT 3 Conditions of Approval Zone Change 02-0218 Planned Commercial Development Public Works Department: Access to the site is proposed from Jeffrey Street. Jeffrey Street west of Union Avenue is not a public street. Prior to issuance of any building permit, the developer shall provide evidence that legal public access is available on the portion of Jeffrey Street outside the limits of this project. Prior to issuance of any building permits, the developer shall provide legal emergency secondary access to the site as approved by the Fire Department and City Engineer. Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. The study shall be approved and any required retention site and necessary easements dedicated to the City. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. The entire area covered by this general plan amendment and zone change shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of the general plan amendment and zone change area. As approved by the City Engineer, the area of the emergency fire access shall be paved. 7. Regional transportation impact fees per established fee schedule shall apply. 8. Conditions of Site Plan Review shall apply. Planninq Department: 9. The applicant's rights granted by this approval are subject to the following provisions: The project shaft be in accordance with all approved plans, conditions of approval, and other required permits and approvals. Aft construction shaft comply with applicable building codes. All conditions imposed shall be diligently complied with at aft times and all construction authorized or required shall be diligently prosecuted to completion before the premises shaft be used for the purposes applied for under this approval. The Planning Commission may initiate revocation of the rights granted if there is good ~)H~INAL Exhibit 3 ZC No. 02-0218 Page 2 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 Planning Commission 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. 10. The hours of operation for the mini-storage facility and office shall not be permitted between the hours of 7:00 p.m. and 7:00 a.m. 11. The mini-storage facility, office, and residence shall not exceed a height of one story and shall be developed and painted in compliance with the earth tone color renderings as submitted for the proposal. 12. The color of all roofs on the project site shall be of a neutral, non-reflective, light earth tone color. 13. All air conditioning units shall be mounted at ground level. 14. A lighting plan showing the location of all proposed lighting within the mini-storage facility shall be submitted to the Planning Department prior to approval of the final development plans for this site. All lighting shall be adequately shielded so that all direct rays are confined to the site. Ail light poles shall not exceed a height of 7'-6". 15. The monument sign proposed at the entrance of the mini-storage facility shall meet all of the requirements of the Sign Ordinance (Chapter 17.60). No pylon signs shall be permitted on the project site. 16. Outdoor, exterior audio equipment shall not be permitted. 17. All landscape maintenance shall be the responsibility of the property owner. 18. The entrance to the mini-storage facility on W. Jeffrey Street shall maintain a minimum 30' radius turn around. 19. No auctions or any type of property sales shall be permitted on the project site. 20. If needed, an adequate retaining wall for slope stability shall be installed along the eastern boundary of the project site. The necessity and adequacy of the retaining wall shall be determined and approved by the City of Bakersfield Building Department. Exhibit 3 ZC No. 02-0218 Page 3 SITE PLAN COMPLIANCE LIST The following are specific items that the Site Plan Review 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. The item will note when it is to be completed and each has been grouped by department so that you know who to contact if you have questions. A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 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. The applicant shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that are within 20' of property lines if it is commercial, or 5' of property lines if it is residential. 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. Structures exceeding 10,000 square feet in area shall require installation of an automatic fire sprinkler system. 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. B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326- 3673) The minimum parking required for this project has been computed based on use and shall be as follows: Square Parking Required Use Footaqe Ratio Parkinq Residence 2 space/per unit 2 spaces Office 2,492 sq. ft. I space/300 sq. ft. 9 spaces RV parking N/A 29 spaces Total Required 40 SpaCe~'~c~, Exhibit 3 ZC No. 02-0218 Page 4 (Note: 10 passenger cars, 1 H.C. Parking, and 29 paved RV parking spaces are shown on the proposed site plan) Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A). 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 residential properties and streets. Use of glare shields or baffles shall be required for glare reduction or control of back light. All light poles, standards and fixtures, including bases or pedestals, shall not exceed a height of 7'-6" above grade. The final 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. Addressing for the project shall be designated as shown by staff on the returned site plan. These address numbers will be the only addresses assigned by the city unless you wish to have a different address program. Internal unit addresses will be only by suite number and will be the responsibility of the owner or developer to assign to each tenant. (It is recommended that you assign suite numbers beginning with 100, 200, 300, etc. instead of an alphabetic character. If in the future a tenant space is split, you would then be able to assign a number between these numbers which would keep your suites addressed in numerical order. Keeping an orderly numbering system will make it easier for customers, emergency personnel, mail delivery to find the business.) 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 $1,240 per gross acre, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance OCCURS. The 3.89 acre site does not have frontage on a public street. The applicant shall file with the Planning Division before any building permits are issued a copy of a recorded map or other instrument that ensures that drive aisles, parking, and access is legally shared in common with adjoining properties as depicted on the site plan for the life of the project. Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel, hospital, church, school) 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.~--~ Exhibit 3 ZC No, 02-0218 Page 5 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: A taller fence is allowed in commercial and industrial zones. A building permit is only required for fences and walls over 6 feet in height.) Areas used for outside storage (does not include vehicle parking areas which are required to be paved), shall be treated with a permanent dust binder or other permanent dust control measures consistent with air pollution control regulations. The placement of landscaping may be limited to the areas shown on the approved PCD/Zone Change site plan. 10. The landscape plantings and plant schedule shall comply with the standards in the landscape ordinance (see 17.61 of the zoning ordinance). 11. In addition to the revised landscape plan stapled to the construction drawings. A landscape plan shall be submitted to the Planning Department. C. FIRE DEPARTMENT (staff contact- Dave Weirather 661/326-3706) 1. Show on the final building plans the following items: All fire lanes as indicated on the returned plans, or as they may be modified by the Fire Department. Spacing between each sign identifying the fire lane must also be shown on the final plan that meets minimum city standards. The applicant shall install all required fire lane signs before occupancy of any building or portion of any building is allowed. If the project has fire sprinkler or stand pipe systems. The Fire Department will issue guidelines for connection locations (FDC) when automatic sprinkler and stand pipe systems are required. Project address, including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. d. Name and phone number of the appropriate contact person. The applicant shall show on the final building plans a 20' wide all-weather emergency access as indicated by staff on the returned site plan. The Fire Department must approve the final location and design of this access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. All access (permanent and temporary) to and around any building under ? Exhibit 3 ZC No. 02-0218 Page 6 construction must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent water ponding. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. If you handle hazardous materials or hazardous waste on the site, the Environmental Services Division may require a hazardous material management plan before you can begin operations. Please contact them at 661/326-3979 for further information. If you treat hazardous waste on the site, the Environmental Services Division may require a hazardous waste "Tiered" permit before you can begin operations. Please contact them at 661/326-3979 for further information. If you store hazardous materials on the site in either an underground or a permanent aboveground storage tank, a permit from the Environmental Services Division is required to install and operate these tanks. The Environmental Services Division may also require a Spill Prevention Control and Countermeasure Plan before you can begin operations. Please contact them at 661/326-3979 for further information. D. PUBLIC WORKS - ENGINEERING (staff contact-Janice Horcasitas 661/326- 3576) 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 permits 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 permits 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. 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. ~^~/~:.. Exhibit 3 ZC No. 02-0218 Page 7 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. 92-08-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. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued. This fee will be based at the rate in effect at the time the permit is issued. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. You must obtain an industrial waste permit from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the waste water treatment superintendent at 661/326-3249. The developer shall form a maintenance district for maintaining the landscaped median island within Union Avenue. 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. These levels of service are based on how often collection occurs as follows: Can or cart service -- Front loader bin service -- yards/day Roll-off compactor service -~ 1 cubic yard/week or less 1 cubic yard/week - 12 cubic More than 12 cubic yards/day Show on the final building plans 1 (one), 8'x 10' inside dimension refuse bin enclosure designed according to adopted city standards (Detail #S-43). Before occupancy of the building or site is allowed,1 (one), 3 cubic yard front loading type refuse bin shall be placed within the required enclosure. 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. Facilities that require grease containment must provide a storage location that separate from the refuse bin location. This shall be shown on the final build~ig Exhibit 3 ZC No. 02-0218 Page 8 plans. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. This shall be shown on the final building plans. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 5th day of September , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4080 , passed by the Bakersfield City Council at a meeting held on the 4thday of September 2002 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO 103-19) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) AND C-2 (REGIONAL COMMERCIAL) TO PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE ON 3.89 ACRES LOCATED WEST OF UNION AVENUE AND SOUTH OF WEST COLUMBUS STREET, AT THE WESTERN END OF WEST JEFFREY STREET, TO ALLOW A MINI STORAGE FACILITY (02-0218) Is/PAMELA A. McCARTHY City Clerk of the City of Bakersfield