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Home My WebLink AboutRES NO 34-96RESOLUTION NO. ~ 4" 9 6 RESOLUTION MAKING FINDINGS AND TRANSMI~YING RECOMMENDATIONS TO THE KERN COUNTY BOARD OF SUPERVISORS REGARDING AMENDMENTS TO THE CASA LOMA SPECIFIC PLAN WHEREAS, the Casa Loma Specific Plan is a joint product of the County and City which is to be adopted as a single area specific plan for land subject to County jurisdiction and land subject to City jurisdiction; and WHEREAS, if application is made for amendment of the plan within an area of County jurisdiction, the notice of the proposed amendment shall first be given to the City Council who shall conduct a public hearing and make recommendations on the amendment to the Board of Supervisors; and WHEREAS, the Kern County Board of Supervisors referred consideration of amendments to the Casa Loma Specific Plan to the City Council for review and recommendation; and WHEREAS, the amendment proposed changes to allowed and conditional land uses (Exhibit "A") and development standards (Exhibit "B") within the 6.2, 7.1, 7.2 and 7.3 land use designations and placing the entire Casa Loma Specific Plan area under the rule of the County's adult entertainment ordinance; and WHEREAS, there are inconsistencies between the proposed County ordinance amendments and City ordinances; and WHEREAS, Casa Loma Specific Plan development standards are being reviewed by County and City staff for possible changes; and WHEREAS, Kern County is the lead agency and is responsible for complying with the requirements of the California Environmental Quality Act; and WHEREAS, the City of Bakersfield is in compliance with the amendment procedure set forth in Section 1.2 of the Casa Loma Specific Plan; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. Kern County is the read agency. 3. Not all of the proposed changes to the allowed and conditional uses of the 6.2, 7.1, 7.2 and 7.3 land use designations are consistent with the comparable City zoning districts of C-2, M-l, M-2 and M-3. 4. Kern County's adult business ordinance is inconsistent with the City's adult business ordinance. 5. Planning department staff from Kern County and the City of Bakersfield are reviewing Casa Loma Specific Plan development standards for purposes of developing greater compatibility between County and City development standards within the Casa Loma Specific Plan boundary. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: All of the foregoing recitals are hereby found to be true and correct. 2. The City Council hereby makes the following recommendations: Adopt only those changes to the 6.2, 7.1, 7.2 and 7.3 land use designations as shown on Exhibit "A" recommending approval; Do not adopt the County adult business ordinance as an amendment to the Casa Loma Specific Plan; Do not adopt the proposed land use development standards of the 6.2, 7.1, 7.2 and 7.3 land use designations; ......... 000 ......... 2 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 I~IAR 0 $ 1996 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ~ SULLIVAN, SALVAGGIO NOES: COONCILMEMP'ER ~(j ~'q~_ ABSTAIN: COUNCILMEMBER ~SF. NT: COUNCILMEMBER ~--~ Act±rig CITY CLERK and Ex Officio l~lerk of the Council of the City of Bakersfield APPROVED MAR 0 $ ~ B~B PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY res~rclsp.cc RED/p jr February 21, 1996 EXHIBIT "A" Proposed Kern County Amendments To Casa Loma Specific Plan Proposed Changes 6.2 (General Commercial) Permitted Uses LAND USEAMENDMENT Bed and breakfast inn Community care facility Fruit stand Video/audio taoes sales/rentals Auto rental Mini-warehouse, for storage of personal household goods, provided there is no outside storage; excludes cargo containers and ternnotary storage structures Tanhim, salons Transmission lines, ~ and supporting towers, poles, pipelines and underground facilities for gas, water, electricity, telephone, or telegraph service owned and operated by public utility company under the jurisdiction of the California Public Utilities Commission pursuant to Section 13.5.3(c). Communitv or senior citizens center Rehabilitation facilities Adult dav care Commercial coach, temporary. not exceeding six (6) months Drainage sump, if proposed and approved as part of a tentative subdivision map or tentative parcel map, or if accessory to a permitted use Water storage facilities Water system, small or large County Proposal: Add Permitted Use Or Delete Permitted Use Add Add Delete Add Add Add Add Add Delete, Add Add Add Add Add Add Add Add City Recommendation:.. ': '=.=' Oppose. County. Proposal Oppose; (?UP use, residential use not permitted by right Approve Oppose; Allowed in City C-2 Approve Approve Approve Approve; use presently allowed in 6.2, CUP use in City C-2: addition improves situation Approve Approve Approve Approve Approve Approve Approve: Must comply with Uniform Building Code, Chapter 70; Municipal Code, Section 16.44 Approve: not addressed in City zoning ordinance, normally undertaken by public agency; FP~P and FP-S in City Approve; Not addressed in City zoning ordinance; normally required as part of development project or subdivision map act process EXHIBIT "A" - Casa Loma Specific Plan Amendment Page 2 LAND USE AMENDMENT Card room Movie theater, adult Trade fairs and exhibitions. temoorarv. fourteen (14) dav maximum). excluding fica markets and swap meets Bookstore, adult Fruit stand, temperaW Auto body top,air and [minting Feed and wood fuel Rec~/clable materials, collection and storage, provided there is no more than three thousand (3,000) stluare feet of outside storage, and all compression and bailing operations are conducted wholly within an enclosed structure Radio, television, microwave, or commercial communications transmitter. receiver or translator Transfer station. small volume Waste-to-ener~ facility Water ~torage or groundwater recharge Water system, large Proposed Changes 6.2 (General Commercial Conditional Use Permit County Proposal: Add Permitted Use Or Delete Permitted Use Add l)cletc Add Delete Delete Delete Add Add Add Add Add Delete Delete City Recommendation: Approve. County Proposal Or Oppose County Proposal Oppose: Allowed in City C-2 Approve; Allowed in City C-2 Approve Approve; Allowed in C-2 Approve Oppose; CUP in City C-2 Oppose; CUP in City M-2, allowed in City M-3 Approve; CUP in City C-2, exceptions: no waste food products, processing, manufacturing or treatment Approve Oppose; CUP in City M-3 Oppose; Cup in City M-3 Approve; Not addressed in City zoning ordinance, normally undertaken by public agency; Approve; Not addressed in City zoning ordinance; normally required as part of development project or subdivision map act process EXtlIBIT "A" - Casa Loma Specific Plan Amendment Page 3 Proposed Changes 7.1 (Light IndustriaL) Permitted Use LAND USE AMENDMENT Video and audio taoe sales and rentals Tanning salon Truck repair, whnllv enclosed within a building Add Truck fueling.station, with minor repair, but Delete excluding engine or transmi~ion repair Pioe, oilae oreduct, and oil>e filter, assembly Add only Feed and fuel, including woodyard Delete Recvclable materials, collection and storage, Add orovided there is no more than three thousand (3,000) square feet of outside storage. and all compression and bailin~ operations are conducted wholly within an enclosed structure BakeLy, large Add Li.~ht machinine Add Well drilling~rvice Add Transmission lines, :ewer: and suo~ortin~, Delete; Add tQwers, poles, pipelines, and underground facilities for gas, water, electricity, telephone, or telegraph service owned and operated by a public utility company under the jurisdiction of the California Public Utilities Commission pursuant to Section 13.2.8 Drainage sump,if proposed and approved a~ Delete part of a tentative subdivision map or tentatiw tract mnp Car_.4. r~m Delete Bookstore, adult Delete Water storage facilities Add Water system, small or large Add County Proposal: Add Permitted Use Or Delete Permitted Use Add Add City Re~ommendation: ' ' ".:' Approve County. Proposal Or '. . Oppose County Proposal · · · .. "' Approve Approve Approve Oppose; allowed in CityM-1 Approve Approve Approve; provided recyclable materials do not include hazardous materials or waste; subject to approval by Hazardous Materials Division Approve Approve Approve Approve Approve; City requires conformity with Uniform Building Code, Chapter 70 and Municipal Code, Section 16.44 Oppose; allowed in City M-1 Oppose; allowed in City M-I Approve Approve; Not addressed in City zoning ordinance; normally required as part of development project or subdivision map act process EXHIBIT "A" - Casa Loma Specific Plan Amendment Page 4 LAND USE AMENDMI,.'NT Movie theater, adult Trade fairs and exhibitions, temoorary fourteen (14) day maximum, excluding flea markets and swao meets Baker),, large Machine shoo Well drilling service Recyclable materials, collection and storm, e Tire storage as main use Card room Police/security training facility Drainage sump Watur ~lorage or groundwater rechargo Water ~ystem, large Metal or electroolating Proposed Changes 7.1 (Light Industrial) Conditional Use Pertnit County Proposal: Add Permitted Use (h Delete Permitled Use Delete Add Delete Add Delete Add Add Add Add Delete Delete Delete Add City Recommendf~ion: · ' ' ":". Approve Co~aty' proposal .'Off. ~: ': Oppose County Proposal.. Concur Approve Approve Approve Approve Approve; provided recyclable materials do not include hazardous materials or waste; subject to approval by Hazardous Materials Division Approve; Exception, wholly within a building Oppose: allowed in City M-1 Approve Approve; City requires conformity with Uniform Building Code, Chapter 70 and Municipal Code, Section 16.44 Approve; Not addressed in City zoning ordinance, normally undertaken by public agency; FP-P and FP-S in City Approve; Not addressed in City zoning ordinance; normally required as part of development project or subdivision map act process Approve EXHIBIT "A" . Casa Loma Specific Plan Amendment Page 5 · LAND USE AMENDMENT Adult business, pursuant to Section 13.5.14 Proposed Changes 7.2 (Service Industrial) Permitted Use County Proposal: Add Permitted Use Or Delete Permitted Use Add Batting cage Add Cgrd rec..'r. Delete Bookstore, adult Delete Video and audio tape sales and rentals Add Tanning salon Add Plastics, assembly cn!y and extrusion Delete, Add Add Add Steel fabrication, excluding smelting Li~uified petroleum gas, bulk storage or distribution in excess of two thousand le2,000) gallons capacity. when located at ast one-half (1/2~ mile from existing residential development with a density ~reater than one (1). dwelling, unit per acre and at least one-half (1/2) mile from any motel or hotel Re~clable materials, collection and storage, Add provided there is no more than three (3,000) square feet of outside storage and all compression and bailing operations are conducted wholly within an enclosed structure Asphalt batch plant Add Transmission lines, fewer: and sut~porting Add, Delete towers poles, microwave towers, pipe fines, ~V~rground facilities for gas, water, electricity, telephone, or telegraph service owned and operated by a .public utility company umler the jurisdiction of the CaliFornia Public Utilities Commission pursuant to section 13.2.8 Drainage sump, if proposed and approved Delete as part of a tantatlva subdivision map or tentative parcel map Business or trade schools Add Auto or equipment auction, temporary, not Add to exceed four (4) days Water storage facilities Add City Recommendation:' _Approve County Proposal Or · · Oppose County Proposal Oppose; S. 13.5.14, County adult bus~ness code is inconsistent with City's adult entertainment code Oppose; requires a CUP Oppose; allowed use in M-2 Oppose; allowed use in M-2 Approve Approve Approve Approve Approve; when located at least 1/2 mile from residential zone on land use designation Approve; provided recyclable materials do not include hazardous materials or waste; subject to a~.p.ro. val by Hazardous Materials LtlVIS1On Oppose: CUP use in M-2 Approve Approve Approve Oppose; CUP use App. rove; not addressed in City zoning ordinance, normafly undertaken by public agency E3JtlBIT '~1" - Casa Loma Specific Plan Amendment Page 6 LAND USEAMENDMENT Proposed Changes 7.2 (Scrvlce Industrial) Conditional Use Permit County Proposal: Add Permitted Use Or Delete Permitted Use Single-family dwelling,, one (I) ocr lot, not Add accessory to an industrial use Card room Add Golf course Add Trade fairs and exhibitions, temoorarv Add (fourteen- (14~ day maximum), excludim, flea markets and swao meets Chemical blending or manufacture Add Liquid petroleum gas, bulk storage or distribution in excess of two thousand (2,000] gallons caoacitv Add Recvclable materials, collection and storage Add Tire storage as a main use Add Vehicle wrecking yard Add Construction or demolition material Add recycling Rock, ~ravel, sand, concrete, aggregate, or Add soils crushing, l~rocossim, or distribution Nonhazardous oil oroduction water disoosal Add facility Non hazardous oilfield waste treatment or Add recycling Soil reclamation or remediation for soils contaminated with nonhazardous materials Add City Recommendatiom. v ' .":'"" ' Approve. CounfY Proposal Or. Oppose County. Proposal. ' ::: Oppose: Single-family dwelling must be incidental to allowed City M-2 use Oppose; allowed use in City M-2 Oppose Oppose Approve; provided recyclable materials do not include hazardous materials or waste; subject to approval by Hazardous Materials Division Approve Approve; provided recyclable materials do not include hazardous materials or waste; subject to approval by Hazardous Materials Division Approve Approve Approve Approve Approve Approve; provided recyclable materials do not include hazardous materials or waste; subject to approval by Hazardous Materials Division Approve; provided recyclable materials do not include hazardous materials or waste; subject to approval by Hazardous Materials Division EXHIBIT "A" - Casa Loma Specific Plan Amendment Page 7 LAND USE AMENDMENT Police/security trainin~ facility Auction yard Water storage and groundwater recharges Water system, karg~ County Proposal: Add Permitted Use Or Delete Permitted Use Add Add Delete Delete City Recommendation: Approve County Proposal Or Oppose County Proposal Approve Oppose Approve; Not addressed in City zoning ordinance, normally undertaken by public agency; FP-P and FP-S in City Approve; Not addressed in City zoning ordinance; normally required as part of development project or subdivision map act process EXHIBIT "A" - Casa Lotna Specific Plan Amendment Page 8 LAND USE AMENDMENT Adult business pursuant to Section 13.5.14 Batting Cage Card room Bookstore, adult Video and audio tape sales and rentals Tanning Salon Chemical blending, manufacturing or re%'z!:'::.g or manufacturing Explosives or ammunition, including storage Delete Steel fabrication Add Feed and fuel, including wood yards Add Liquid petroleum gas, bulk storage or Add distribution in excess of two thousand (2,000) gallons capacity, when located at least one-half (1/2) mile from property zoned or designated for residential use and at least one-half (1/2) mile from existing residential development with a density greater than one (1) dwelling unit per here and at least one-half (1/2'} mile from any motel or hotel Log storage Add Mineral and ore storage and loading, with Add product storage and loading facilities wholly enclosed Recvclable materials, collection and storage Add Tire retreading or recycling Add Transmission lines, ~ and suvporting Add, delete towers, poles, microwave towers, pipelines, and underground facilities for gas, water, electricity, telephone, or telegraph service owned and operated by a public utility company under the jurisdiction of the California Public Utilities Commission pursuant to Section 13.2.8 Proposed Changes 7.3 (Heavy Industrial) Permitted Uses County Proposal: Add Permitted Use Or Delete Permitted Use Add Add Add Add Add Add Add, Delete City Recommendation: ' · · Approve County Proposal'Or ' " Oppose County Proposal Oppose; not an allowed use in City M-3 Oppose; not an allowed use in City M-3 Oppose; not an allowed use in City M-3 Oppose; not an allowed use in City M-3 Oppose; not an allowed use in City M-3 Oppose; not an allowed use in City M-3 Approve Oppose: allowed use in City -3 Approve Approve Approve Approve Approve Oppose; not an allowed use in City M-3 Oppose; not an allowed use in City M-3 Approve EZItlBIT "A" - Casa Loma Specific Plan Amendment Page 9 L~ND USE AMENDMENT Rock. gravel, sand, concrete, a,o2re~atc. or soils crushing. orecussing, or distribution Transfer station, small volume Add Trade schools Add Auto or equipment auction. temvorarv, not Add to exceed four (4) days Drainage sump, if proposed and approwd Delete as part of a t~ntative subdivision map or fantarive pardi map Water system, small or large Add County Proposal: · Add Permitted Use Or · Delete Permitted Use Add City Recommendation:'.'. ' '. ' · · Approve County Proposal Or' '" Oppose CountyProposal. Approve Oppose; CUP use in City M-3 Oppose: not an allowed use in City M-3 Oppose: not an allowed use in City M-3 Approve; City requires conformity with Uniform Building Code, Chapter 70 and Municipal Code, Section 16.44 Approve; Not addressed in City zoning ordinance; normally required as part of development project or subdivision map act process EXHIBIT "A" - Casa Loma Specific Plan Amendment Page I0 LAND USE AMENDMENT Proposed Changes 7.3 (Heavy Industrial) Conditional Use Permit County Proposal: · Add Permitted Use Or Delete Permitted Use Card room Add Drainago sump Delete Water system, large Add City Recommzndafion: .. Approx;e County Proposal Or · . "'='~ Oppose County !~raPo~al' .'"'. :' :'i::::.::. Oppose: not an allowed use in City M-3 Approve; City requires conformity with Uniform Building Code, Chapter 70 and Municipal Code, Section 16.44 Oppose; Small and large water system allowed use in 7.3; Not addressed in City zoning ordinance; normally required as part of development project or subdivision map act process Research. develooment, or testing of Add Approve alternative fuel burning processes, temporary Trade fairs and exhibitions, temporary Add Oppose fourteen (14) day maximum Explosives or ammunition including storage Delete Approve Liquid petroleum gas, bulk storage or Add Approve distribution in excess of two thousand (2,000) gallons capacity Vehicle wrecking yard Add Approve Chemical recycling Add Approve Construction or demolition material Add Approve recycling Sandblasting, unenclosed Add Approve p:clsp 3) EXHIBIT "B" Proposed Kern County Amendments to Casa Loma Specific Plan Development Standards and Adult Business Development Standards 6.2 (General Commercial) Minimum Lot Area per Dwelling Unit There shall be a minimum of two thousand seven hundred twenty two (2,722) square feet of lot area per dwelling unit when dwellings are permitted with a conditional use permit. Rear Yard. There shall be a rear yard of not less than twenty (20) feet, except that no rear yard shall be required in the event that a public alley exists. Rear yard requirements may be reduced in accordance with the Kern County or City of Bakersfield Fire Codes if written approval is obtained from the Fire Chief and the Planning Director. Signs 9) Pole signs, not to exceed two hundred (200) square feet in area each H) Freestanding signs for properties fronting on Union Avenue shall be limited to monument signs subject to the provisions of Section 13.4.8(e)1. The maximum permitted area of all signs shall not cxceod two (2) square foot for each lineal foot of street frontage. Special Review Procedures and Development Standards Except for the maximum permitted density, residential development shall be subject to the Medium-density Residential (5.2) District requirements as specified in Section 13.5.6. No outside storage shall be permitted except for companv vehicles and items for retail sails, lease, or rental and which are clearly associated with an on-site business. This requirement shall not apply to those uses requiring a conditional use pcrmit provided that outside storage was addressed as part of the permit application. Areas devoted to outside storage of tires shall be screened with a solid screening fence; fence design and materials shall be approved by the Planning Director. Mounds or piles of tires shall not exceed the height of the screening fence. Development Standards 7.1 (Light Industrial) Signs Temporary real estate signs advertising the property for sale or rent, not to exceed ~ sixteen (16) square feet, excluding the area of any vertical and/or horizontal support members. Exhibit "B" - Casa Loma Specific Plan Page 2 8) 9) 10) Pole signs, not to exceed two hundred forty (299) (240) square feet in area each and not exceeding a height of thirty-five (35) feet. Off-site advertising signs, not exceedin~ a height of thirty-five (35) feet. Freestanding signs ~ in conjunction with new development on properties fronting on Union Avenue shall be limited to monument signs subject to the provisions of Section 13.4.8(e)1. Ko 8) 9) 10) Development Standards 7.2 (Service IndustriM) Height Limits Buildings and structures shah not exceed six (6) stories of s~vonty fiv~ (75) one hundred (100) feet. Signs Temporary real estate signs advertising the property for sale or rent, not to exceed .~::e!;': (!2) sixteen (16) square feet each, excluding the area of any vertical and/or horizontal support members. Pole signs, not to exceed two hundred (200) three hundred (300) square feet in area each and not exccedine a height of fifty (50) feet. Off-site advertising signs, not cxccedin~ a height of thirty-five (35) feet. Freestanding signs f~ in conjunction with new development on properties fronting on Union Avenue shall be limited to monument signs subject to the provisions of Section 13.4.8(e)1. The maximum p~rmitted area of all signs shall not oxc~ed two (2) square foot for oach lin~'d foot of street frontage. 8) 9) Development Standards 7.3 (Heavy IndustriM) Signs Temporary real estate signs advertising the property for sale or rent, not to exceed sartre4,2-) sixteen (16) square feet each, excluding the area of any vertical and/or horizontal support members. Pole signs, not to exceed ~va~ three hundred (299) (300) square feet in area each and not exceedin~ a height of fifty (50) feet. Off-site advertising signs, not exceedine a heieht of thirty-five (35) feet. Exhibit "B" - Casa Loma Specific Plan Page 3 10) Freestanding signs f4~ in coniunction with new development on properties fronting on Union Avenue shall be limited to monument signs subject to the provisions of Section 13.4.8(e)1. The maximum psrmitted area of all signs shall not ~xc~ed two (2) square f~t for ~,ach lineal foot of street frontage. Adult Business 13.5.14 Adult Businesses (Unincorporated area only) a. Purpose and Al~plication The purpose of this chapter is to regulate adult businesses which, unless closely regulated, have serious secondary effects on the community. These secondary effects include, but are not limited to, the foliowinl~: depreciation of property values. increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity, increases in litter, noise. and vandalism and the interference with residential property owner's enjoyment of their property in the vicinity of such businesses. b. Definitions Adult businesses include the foliowine: Any business conducted for the entertainment of adults, en~aged in the selling, renting, or displavin~ of publications depictinl~ the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Included in the definition is any business, that as a substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows, or displays publications depictin~ the anatomical areas or specified sexual activities described herein or other material of a sexualIv explicit nature. Also included in this definition is any business selling, renting, or displavim~ sexualiv oriented devices intended for use in the svecified sexual activities. A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, maeazine, newspaper. pamphlet, film, video or any other form or medium, or sexually oriented devices intended for use in the specified sexual activities, which receives twenty-five percent (25%) or more of the ~ross revenue from, or devotes twentv-five percent (25%) or more of the stock on hand. or twenty-five percent (25%) or more of the eross floor area to such activity, is presumed to be engae/ng in "substantial or siffaificant" conduct with respect to such activity. Any business conducted for the entertainment of adults wherein an employee, patron. or any other person engages in or are shown specified sexual activities or exhibit or engage in partial or total nudity or otherwise expose specified anatomical areas. Included in this definition is any business, which as a substantial or siffaificant portion of its business, provides live or filmed entertainment wherein specified anatomical areas of the human anatomy are exposed. Specified anatomical areas include any of the following, whether actual or simulated: (1) Less than completely and opa{luelv covered: (a) human I~enitals or pubic re~ion, (b) buttock, and (c) female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly tur~id Exhibit "B" - Casa Loma Specific Plan Page 4 state, even if completely and opaquely covered. Specified sexual activities means and includes any of the following: (1) the fondling or sexual touching of human ~enitals, pubic regions. buttocks, anus, or female breasts; or (2) sex acts, normal or deviant, actual or simulated. including intercourse. oral copulation, or sodomv; or (3) masturbation, actual or simulated; or (4) excretory functions as part of, or in connection with, any of the activities set forth above. Such a business may not sell or display "obscene matter," as that term is defined by Penal Code Section 311 or its successors, and may not exhibit "harmful matter," as that term is defined by Penal Code Section 313 or its successors, to minors. Location Requirements Adult businesses shall not be located within fifteen hundred (1,500) feet of the following whether or not located within the county: Any l~roperty located in a residential district, including the 5.2 (Medium-Density Residential), 5.3 and 5.3 MH (Low-Medium Density Residential). 5.4 (Low-DensiW Residential), and 5.6 (Suburban Residential) Any public or private school Any church, chapel. or other publicly recognized place of worship Any park owned by a public entity Adult businesses shall not be located within one thousand (1,000) feet of any other adult business. The distances specified in this section shall be measured in a straight line, without re~ard to intervenin~ structures, from the nearest point of the building in which the proposed adult business is to be established to the nearest property line of a use or zonin~ district listed above. The distances specified shall not be measured to one of the uses specified in 13.5.14.c.(1)1 above which are established after the commencement of the adult business use, if the adult business use is continuous, which means that interruptions in use may not exceed six (6) months. d. Development and Performance Standards The following development standards shall apply to all adult businesses: No adult business shall be located in any temporary or portable structure. Trash dumpsters shall be enclosed by a screenin~ enclosure so as not to be accessible to the public. Off-street parking shall be provided at the ratio of one parkin~ space per one hundred (100) square feet of ~ross floor area and as specified in Section 13.4.4. The entire exterior grounds, including the parking lot and landscaped areas, shah be lighted in such a manner that all areas are clearly visible at all times. Exhibit "B" - Casa Loma Specific Plan Page 5 Signage shall conform to the requirements of Section 13.4.8 and shall not contain sexually oriented photographs, silhouettes. or other pictorial representations. All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises. No residential structure or any other nonconforming structure shall be converted for use as an adult business. The following performance standards shall apply to all adult businesses: No alcoholic beverages shall be served. sold, or consumed on the premises. The adult business shall not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities which would create a demand for parking spaces beyond the number of spaces required for the business. The traffic generated by the adult business shall not overload the capacity of the surrounding street system and shall not create a hazard to public safety, as determined by the Kern County Roads Department. No adult business shall be operated in any manner that permits the observation of any persons or material depicting, describing, or related to "specified sexual activities" or "specified anatomical areas," inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level audible beyond the walls of the building in which the business is located. All exterior areas of the adult business, including buildings, landscaping, and parking areas shall be maintained in a clean and orderly manner at all times. Any license required by the Kern County Sheriff's Department pursuant to Chapter 5.08 of the Kern County Ordinance Code shall be kept current at all times. Each adult business shall conform to all applicable laws and regulations. e_. Adult Business Permit - Required No adult business shall be established until an application for an adult business permit is approved bv the Board of Supervisors generally following with the procedures set out in Sections 14.7.1 through 14.7.4 of this plan. f. Adult Business Permit - Application - Contents An application for an adult business permit shall include the following: Exhibit "B" - Casa Loma Specific Plan Page 6 Name and permanent address of applicant. The name and business address for the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation, and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owninc twenty-five percent (25%) or more of the stock of the corporation. If the applicant is a partnership, the application shah show the name and residence address of each of the members, including limited partners. Name(s} and addressf es} of the property owner(s). 4_~ Assessor's parcel number(s). 5_1 Legal description of the property. A site development plan drawn at the scale specified by the Planning Director, which includes the foliowine information: Location of all existing buildira,s, structures, and improvements on the property; Location of all proposed buildings, structures, and improvements on the property; F~xisting and proposed streets and highways bordering and within the boundaries of the property; Location of existinc and proposed parkine areas; Proposed landscaping; North arrow. Elevations and floor plans of proposed buildines or structures related to the adult business. 8) A narrative description of the proposed use or development includine: Description of the nature of the proposed use or development and an explanation of how the proposed business will satisfy the applicable requirements set forth in Sections 13.5.14.b through 13.5.14.d of this chapter. 9) Signatures or letter of consent from all property owners. The fee prescribed by uncodified ordinance or resolution for processimz the application. Permit Application - Review and Approval Once an application has been completed, the Planning Director shall set the application for a nondiscretionary public hearing before the Board of Supervisors within sixty (60) davs, ~,enerally following the notice procedures set out in Section 14.7.2 of this plan. . Exhibit "B" - Casa Loma Specific Plan Page 7 For purposes of application processing,, any application for a permit pursuant to this chapter is considered to be a ministerial permit and, as such, is not subiect to the time frames specified in Section 65950 et sea. of the California Government Code, or the California Environmental Quality Act. In considerin~ an application for a permit pursuant to this chapter, the Board of Supervisors shall approve the permit only if it makes the following findings: The adult business is consistent with the location, development, and performance standards contained this chapter. The adult business is located in a zone district which lists the adult business as a permitted use. The zonin~ district classification for the property is consistent with the applicable Specific Plan designation for the property. The adult business is consistent with the reauirements set forth in Chapter 5.08 of the Kern County Ordinance Code. Permit issuance or denial is not subject to appeal. h.~_- Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent iurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Supervisors hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or ~ortion thereof, irrespective of the fact that any one or more sections, subsections, l~hrases, or portions be declared invalid or unconstitutional. If for any reason this or any part thereof shall be declared invalid or unconstitutional, then all other provisions thereof shall remain valid and enforceable. p:clsp.eb