HomeMy WebLinkAboutRES NO 11-95RESOLUTION NO. ~ 1. - 9 ~
RESOLUTION AMENDING CONDITION NO. 7 OF
CONDITIONAL USE PERMIT NO. 5216 FOR MESA MARIN
RACEWAY REGARDING FENCING AND SCREENING, AND
TO ALLOW A METAL BUILDING FOR STORAGE TO
FURTHER ASSIST IN SCREENING OF MATERIALS AND
EQUIPMENT ON THE SITE.
WHEREAS, a public hearing to consider compliance with conditions of approval for
conditional use permit No. 5216; and
WHEREAS, said hearing was opened on December 14, 1994, and testimony was
received and considered for and against a finding of compliance; and
WHEREAS, Marion Collins of Mesa Marin Raceway, has requested consideration
to amend Condition No. 7 of Conditional Use Permit No. 5216 regarding reducing the
conditioned fence height from eight feet to six feet along the west and portions of the north
property line, install landscaping in lieu of redwood slats for screening along the west
property line, eliminate redwood slats along portions of the fence along the north property
line, and furthermore, to install a metal building approximately 3,000 square feet in area on
the site to further assist in screening of materials and equipment; and
WHEREAS, a duly noticed public hearing before the City Council was held on
January 25, 1995; and
WHEREAS, the Council considered the request and all public testimony relative to
the requested amendment and compliance with conditions of approval; and
WHEREAS, the Council considered the administrative report prepared for this
report where staff recommended approval of said amended condition and construction of
the metal storage building; and
WHEREAS, the Council also noted that the applicant will be implementing
racetracks rules to reduce the maximum muffler noise of vehicles by 5dB(A) and a letter
was received from the applicant's noise consultant that the proposed noise reduction would
enable the applicant to satisfy the condition regarding noise from racing events. A sound
monitoring report will be submitted within 30 days after the first race which will be held
March 25, 1995, to confirm whether this measure actually reduced noise levels to satisfy the
condition.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Bakersfield finds the following:
The proposed changes to Condition No. 7 will continue to
provide adequate screening of the site. Landscaping in lieu of
slats will be more aesthetically pleasing, reduce maintenance for
the owner, reduce the likelihood of graffiti and serve to further
reduce light spillover onto properties to the west.
The building addition will enable the applicant to store
materials in an enclosed area in order to keep the premises
clear of unsightly equipment which will supplement the
proposed fence screening.
The applicant has submitted a proposal to bring noise into
compliance with the conditional use permit. The Council will
be forwarded a copy of the monitoring study to be performed
after the first race of 1995 to determine if the measure was
successful in bringing the racing operations into compliance
with the noise requirement.
The applicant has made good faith progress to satisfy the
conditions of approval for Conditional Use Permit #5216
regarding appropriate screening and noise from the racing
operation, and due to this effort, revocation of said permit is
not warranted.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council of the
City of Bakersfield as follows:
Condition No. 7 of Conditional Use Permit No. 5216 is hereby
amended to read as follows:
bo
The applicant shall install and maintain a 6-foot high
chain-link fence with redwood slats or alternative
screening fence approved by the Planning Director
around the drainage sump.
The applicant shall install and maintain a 6-foot high
chain-link fence (no slats required) along the west
property line. Trees, consisting of a minimum of 60
percent evergreen species and a minimum size of 15-
gallons, shall be planted along the west property line
(excluding the sump boundary) spaced no further than
35 feet apart, including appropriate automated irrigation
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OR~GINAL
to assure continuous maintenance of the flees. The
landscape and irrigation plan shall be approved by the
Planning Director.
The applicant shall install and maintain a minimum 6-
foot high chain-link fence along the northerly property
line. Redwood slats or other appropriate screening shall
be required for open storage areas at the discretion of
the Planning Director.
The metal storage building is hereby approved as proposed by the
applicant.
The noise reduction proposal by the applicant is hereby accepted with
staff to present this Council a status update once the monitoring
report is submitted.
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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 ~AN 2~ ~5 by the
following vote: ·
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH,
NOES: COUNCILMEMBER N,~~ McDF~MOTT, ROWLES, CHOW, SALVAGGIO
ABSTAIN: COUNCILMEMBER ,/~/~D ~
ABSENT: COUNClLME~R
CI d Ex Officio Clerk of the
Council of the City of Bakersfield
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN, CITY ATTOl~NEY
City of Bakersfield
EXHIBIT "A"
CONDITIONAL USE PERMIT #5216
MESA MARIN
Sound levels at the property line shall not exceed 65 dB(A) during the
hours of 8 a.m. and I0 p.m. nor exceed 60 dB(A) during the hours of 10
p.m. and 8 a.m. except:
ao
for any cumulative period of 30 minutes or less in any one hour, add 5
dB(A)
for any cumulative period of 6 minutes or less in any one hour, add 10
dB(A)
for any cumulative period of one minute or less in any one hour, add 15
dB(A).
At no time shall the sound level exceed 80 dB(A) between the hours of 8 a.m.
and 10 p.m. or exceed 75 dB(A) between the hours of 10 p.m. and 8 a.m.
[Note: for our purposes, the above condition shall mean that during the hours of
8 a.m. to 10 p.m. the sound level measured at any point on the property line can
be 65 dB(A) for an unlimited period. For a cumulative period of one minute
during any 60-minute period, the level may be 66-80 dB(A). For a cumulative
period of six minutes in any 60-minute period, the level may be 66-75 dB(A). For
a cumulative period of 30 minutes in any 60-minute period, the level may be 66-
70 dB(A). At no time shall the sound level exceed 80 dB(A).
During the hours of 10 p.m. and 8 a.m., the sound levels measured at any point
on the property line can be 60 dB(A) for an unlimited period. For a cumulative
period of one minute in any 60-minute period, the level may be 61-75 dB(A).
For a cumulative period of six minutes in any 60-minute period. the sound level
may be 61-70 dB(A). For a cumulative period of 30 minutes in any 60-minute
period, the level may be 61-65 dB(A). At no time shall the sound level exceed 75
dB(A).]
The owner of the raceway shall provide for monitoring and chardng the sound
pressure for one day's activities, including prerace activities, racing, and spectator
on-site activities. Monitoring shall be done once a year during the racing season
and said monitoring chart shall be presented to the Planning Director for review.
Exhibit "A"
CUP #5216 -
Page 2
Mesa Marin
In the event the city should receive bonafide complaints about drunk or disorderly
conduct of patrons, litter, noise or traffic problems or criminal activities, the City
Council reserves the right to impose additional conditions restricting the
operation or revoke the Conditional Use Permit.
The owner of the raceway shall provide annual evidence of landscaping and site
maintenance to assure that all necessary provisions are made to comply with the
approved plan and ordinance.
All requirements of the City Fire Chief shall be followed and necessary
equipment installed and maintained at all times for fire prevention and safety
including location of fuel storage areas and handling methods.
A paving and landscape schedule for the existing parking lot shall be completed
as follows:
· 1250 spaces by March 14, 1994
· 1000 spaces by July 1, 1996
· 750 spaces by July 1, 1997
The improvement plan for the parking lot shall be submitted to the Planning
Director for approval by January 1, 1993.
The north and westerly exterior boundary of the site development lying between
the two highways, including the mechanics area, shah have an eight-foot high
chainlink fence with redwood slats, or alternate screening fence approved by the
Planning Director to be installed by March 14, 1994.
Owner shall prepare a completed revised landscaping plan, with a time frame for
completion. including the use of sprinklers or bubblers to assure continuous
maintenance of such landscaping, said plan and time frame to be approved by the
Planning Director by October 1, 1992.
All conditions of previous County approval shah be met except as modified herein
by March 14, 1994:
ao
Each access driveway shall be clearly marked with a sign
denoting that the access point is for exit, entrance, or pit
access.
Parking shall be provided for 2,147 vehicles, together with
the necessary maneuvering areas. ~
OR;Gt~IAL
Exhibit "A"
CUP #5216 - Mesa Marin
Page 3
At all times during construction and grading operations, subject area
shall be sprinkled as necessary with water to prevent generation of
dust.
d. The earthen berm shall be landscaped for erosion control.
One free-standing identification and event sign may be permitted as
indicated on plan, not to exceed 24 feet in height from top of sign
to grade, with the size, shape, illumination, construction, and color
to be approved by the Planning Director prior to installation. Any
other necessary signs may be approved by the Planning Director if
deemed essential or desirable.
The mechanics area shall be limited to loading and unloading of
vehicles or equipment and storage of same.
Racing vehicles shall not be started or tested outside of the earthen
berm area enclosing the track.
All race cars shall conform to the state and federal vehicle emission
standards as they now exist or as may be amended.
Illumination of adjacent property ownership due to on-site light
sources other than automobile lights shall not exceed five
footcandles at any time.
No light source inside the track berm shall exceed the height of the
herin.
The sanitation facilities, water supply, and food concessions shall be
approved and under permit with the Kern County Health
Department.
Upon termination of this permit by expiration or revocation, the
owner shall remove all evidence of such development and return
said land as near as possible to its original state and an even
contour.
10.
11.
Submit improvement plans for curb, gutter and sidewalk along Kern Canyon
Road to the Public Works Director by July 1, 1993 for review and approval.
Install curb, gutter and sidewalk per approved plan by July 1,
OR;Gi~,L
Exhibit "A"
CUP #5216 - Mesa Marin
Page 4
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This Conditional Use Permit shall be for a 20-year period from March 25. 1992 to
March 25, 2012.
Compliance with improvement plans submitted for approval shall be insured by
agreement and bonds for faithful performance and materials.
Remove all signage not in conformance with pervious permits.
Show compliance with all handicap requirements as per State Building Code.
Provide three cubic yard, front loading type refuse bin on concrete 6-foot by 8-
foot pad per standard #S-43 at the location shown on the approved plan.
Facilities which require infectious waste selvices shall obtain approval for separate
infectious waste storage areas from the Kern County Health Department: in no
case shall the refuse bin area be considered for infectious waste containment
purposes.
Facilities which require grease containment must provide a storage location
separate from the refuse bin location.
Facilities which participate in recycling operations shall provide a location
separate from the refuse containment area for such activities,
OR,G~,%,L