HomeMy WebLinkAboutRES NO 70-95RESOLUTION NO. 7 0 -. 9 5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING AN APPLICATION OF MARLON
COLLINS, MESA MARIN RACEWAY REQUESTING A
CONDITIONAL USE PERMIT (NO. 5618) AFFECTING THAT
CERTAIN PROPERTY AS HEREINAFTER DESCRIBED TO
AMEND CONDITIONAL USE PERMIT NUMBER 5216 TO
EXPAND SEATING, ADD STORAGE BUILDINGS, ALLOW
CONCERTS, AND ALLOW AUTO-RELATED SHOWS AND
SWAP MEETS.
WHEREAS, Marion Collins filed a written application with the City Council of
the City of Bakersfield requesting a Conditional Use Permit (No. 5618) on property
located at 11000 Kern Canyon Road, Bakersfield, California to amend Conditional Use
Permit No. 5216 regarding Mesa Marin Raceway for consideration of the following:
Addition of a three-story, enclosed VIP seating
area for a maximum of 500 people.
Addition of temporary grandstands for seating
up to 1,750 people limited to no more than two
racing events per calendar year.
Addition of seven metal storage buildings for
racing related operations (i.e., material,
equipment and parts storage, and fabrication of
racing vehicles), each building not to exceed
5,000 square feet.
Concerts either in conjunction with a race or as
a separate event, not to exceed a total of eight
per calendar year.
Use of the infield track area for such year-
round uses as auto shows, auctions/sales, and
auto-related swap meets.
WHEREAS, said Council through its Clerk set March 22, 1995, 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 application and accompanying
proposed Negative Declaration, and notice of said hearing was given in the manner
provided by Title Seventeen of the Municipal Code of the City of Bakersfield, except
that notice was given to property owners within two miles of the project site; and
WHEREAS, the public hearing was continued to April 19, 1995 with direction
given to provide additional reports and changes to the proposed conditions of approval;
and
ORIGINAL
WHEREAS, for the above-described project, an initial study was conducted and it
was determined that the proposed project would not have a significant effect on the
environment and a Negative Declaration was prepared and posted on March 1, 1995, 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 City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by city staff and the Board of
Zoning Adjustment; and
WHEREAS, at said hearing held March 22, 1995 and April 19, 1995, the
application was duly heard and considered, and the City Council found as follows:
1)
The proposed project is both essential and desirable to
the public welfare in that it enhances an existing
recreational use and allows year-round use of a
facility.
2)
The noise standards for racing events that were initially conditioned
in 1974 currently exceed the standards adopted in the 2010 General
Plan in 1990. It is found that the applicant has satisfied the
mitigation originally imposed and that implementation of the newer
standard would be unreasonable and economically detrimental to
the continued operation of the racing facility.
3)
The continued use of a higher noise standard for the racing facility
shall not place an added burden on adjacent property owners in
attempting to develop projects in accordance with the municipal
code and the 2010 General Plan with respect to satisfying noise
standards. Maximum interior noise level standards shall continue to
apply to noise sensitive uses, and both current and future property
owners shall be made aware that the racing facility is within close
proximity and may periodically produce undesirable noise. This,
however, does not relieve the applicant of the racing facility of
satisfying all required conditions imposed with respect to noise
mitigation.
4)
The proposed use is in harmony with the goals,
objectives and policies of the Metropolitan Bakersfield
2010 General Plan, and intent and purpose of the City
of Bakersfield's Zoning Ordinance. The proposal is
compatible and complimentary with previous uses
approved on the site.
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ORIGINAL
5)
Public notice has been given pursuant to both city and
state regulations. Expanded notice was provided to
property owners within two miles of the project site.
6)
The provisions of CEQA and the city's environmental
implementation procedures have been followed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD that said Negative Declaration and Conditional Use Permit
as described above are hereby approved, subject to the conditions of approval shown on
Exh~it "A".
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ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by th~p~O~0ci$8~ the City of Bakersfield at a regular meeting thereof held on
· by the following vote:
AYES; COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMO'Fr, ROWt. ES, CHOW, BALVAGGIO
NOES: COUNCILMEMBER ~ .~..~
ABSTAIN: COUNCILt'~{EMEER
ABSENT: COUNCILMEMBER - ~ ~
Assistant CITY CLERK and EX OFFICe) CLERK of
the Council of the City of Bakersfield
APPROVED /~PR I. ~ 1995
BOB P CE,~ity of Bakersfield
APPROVED as to form:
JUDY SKOUSEN, CITY ATFORNEY
of the City of Bakersfield
p:res5618
iw
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ORIGINAL
NOTE:
Ae
EXHIBIT "A"
CONDITIONS OF APPROVAL
Conditional Use Permit No. 5618
This exhibit incorporates all conditions from Conditional Use Permit No. 5216 and
any modifications to those conditions granted by the City Council pursuant to
Resolution No. 11-95 (approved January 25, 1995). These conditions also reflect
other changes that may have been made as a result of the approval of this project;
therefore, this exhibit supersedes CUP #5216 so that this document contains all of
the conditions for Mesa Marin Raceway's operation.
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 approvd, and other required
permits and approval. v. ,,Ill 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 shall automatically be null and void as conditioned after the effective date unless the
applicant or successor has actually commenced use of or construction of what was authorized. If the
use is discontinued or abandoned for a period of one (1) year or more, the specific approval will also
become null and void.
The City Council may revisit a conditional use permit or modifwation to add or amend 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.
The Planning Director may initiate revocation of the rights granted if there is good cause, including but
not limited to, failure to comply with conditions or complete construction, or the violation by the owner
or tenant of any provision of the Bakers. t'teld Municipal Code pertaining to the premises for which the
approval was granted, subject to Section 17.64.070 H.
Unless otherwise conditioned, this approval runs with the land and may continue under successive
owners provided all the conditions of approval are satisfied.
General racing facility conditions (applies to site and all activities).
Phasing of the specific uses/structures shall expire unless the use of or construction
has commenced within the time frame as follows from April 19, 1995:
· Concerts 1 year
· Auto shows/swap meets 1 year
· Storage buildings 5 years
· VIP seating structure 5 years
ORIGINAL
Exhibit
CUP #5618
Page 2
2. Permit approval shall expire for the specific events as follows:
· Racing
· Concerts
· Auto related shows/auctions
March 25, 2012
October 1, 1997
October 1, 1997
Compliance with all conditions of this permit shall be subject to annual review by
the Planning Director coinciding with the submittal of the annual sound level
charts indicated in condition no. B.37.
The owner of the raceway shall maintain all landscaped areas as indicated on the
approved plans in a healthy and attractive condition. Maintenance shall include
but is not limited to, programmed watering, consistent fertilizing, weed control,
clearing, pruning, trimming, pest control and cultivating.
o
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.
Parking shall be provided for 2,000 vehicles, together with necessary drive aisle and
maneuvering areas. A paving schedule for the existing parking lot shall be
completed as follows:
· 1,050 total spaces by March 14, 1994
· 2,000 total 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.
7. The owner shall complete by January 1, 1996:
a)
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.
b)
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 to assure
continuous maintenance of the trees. The landscape and irrigation plan
shall be approved by the Planning Director.
Exhibit "A"
CUP #5618
Page 3
c)
10.
11.
12.
13.
14.
15.
16.
17.
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 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.
Each access driveway shall be clearly marked with a sign or other marker denoting
that the access point is for exit, entrance, or pit access.
At all times during construction and grading operations, subject area shall be
sprinkled as necessary with water to prevent generation of dust. All activities shall
comply with the fugitive dust rules of the San Joaquin Valley Unified Pollution
Control District.
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.
Illumination of adjacent property ownership due to on-site light sources other than
automobile lights shall not exceed five foot candles at any time.
No light source inside the track berm shall exceed the height of the berm.
The sanitation facilities, water supply, and food concessions shall be approved and
under permit with the Kern County Health Department.
The owner shall submit improvement plans for curb, gutter and sidewalk along the
entire parcel's frontage along State Highway 184 (Kern Canyon Road) to the
Public Works Director by July 1, 1993 for review and approval. Installation of
curb, gutter and sidewalk pursuant to the approved plan shall be completed by the
owner by July 1, 1997. A permit from Caltrans is required prior to any work being
conducted within the right-of-way.
The owner shall comply with all handicap requirements pursuant to State Building
Code.
ORIGINAL
Exhibit '~1"
CUP #5618
Page 4
18.
The owner shall coordinate with the Sanitation Department and/or the Kern
County Environmental Health Depa,tment regarding refuse collection, grease
containment, infectious waste storage and collection, and recycling collection.
Refuse/recycling bins shall be contained pursuant to Standard #S-43 at the
location(s) approved by the Sanitation Department.
19.
Events shall not be conducted before 7 a.m. nor after 11 p.m. Fridays and
Saturdays. They shall only be conducted between 7 a.m. and 7 p.m. Sunday
through Thursday.
20.
The applicant shall have installed permanent "No Parking" signs along both sides of
State Highway 184 (Kern Canyon Road) along the entire frontage of the property
with signs placed according to Caltrans and the City Traffic Engineer. These signs
shall be installed by June 1, 1995. The applicant shall be subject to all costs
associated with the placement of these signs and shall make arrangements with the
City Traffic Engineer for acquisition of necessary permits from Caltrans for sign
installation.
21.
All events shall be confined within the stadium/track area. No events shall be
allowed within the parking area.
22.
Alcohol sales shall be subject to the regulations of the State Department of
Alcohol and Beverage Control. Patrons shall be prohibited from bringing alcoholic
beverages into the facility (i.e. ice chests, thermoses, etc.). The owner shall post
signs approved by the Planning Director to that effect and shall enforce the
prohibition.
On-site traffic personnel shall be provided for all racing and/or concert events to
provide traffic supervision and direction for safe and orderly traffic flow
immediately prior to and at the conclusion of an event where the attendance is
anticipated to exceed 5,000 people. The applicant shall contact Caltrans for any
required permits if personnel will be within the state highway directing traffic at
least 60 days before an event.
The temporary bleacher-type grandstand seating shall only be used for two racing
events per calendar year. Because of the temporary nature of the use of this
seating, use of these grandstands shall cease by March 22, 2000.
5.
Parking lot lighting shall be provided pursuant to Section 17.58.060 A of the
Municipal Code. Lights shall be designed, arranged, and shielded to reflect away
from adjacent residential properties and streets with illumination evenly distributed
across the parking area. All light fixtures shall be located between 15' and 40'
above grade. Lighting shall be installed by July 1, 1997 to coincide with the
completion of the required parking condition in item No. 7.
ORIGINAL
Exhibit "A"
CUP #5618
Page 5
26.
The applicant shall contact the Fire Safety Control Division, 1715 Chester Avenue,
Suite 300, (Fire Prevention Bureau) for fire and safety requirements prior to
building permits issued for any new structures and provide one (1) set of building
plans showing the required plan corrections to Fire Safety Control (Fire Marshal,
(805) 326-3951).
27.
All streets and access roads to and around any building under construction must be
at least 20 feet of unobstructed width and graded to prevent ponding at all times.
Barricades must be placed where ditches and barriers exist in roadways.
Emergency vehicle access must be reliable at all times.
28.
The applicant shall be required to submit three copies of grading plans and two
copies of soils reports to the Building Department prior to obtaining building
permits for the VIP structure.
29.
New structures exceeding 10,000 square feet in area shall be constructed with an
automatic fire sprinkler system.
30.
School District fees will be assessed at the time of issuance of a building permit of
any new buildings.
31.
A transportation impact fee for regional facilities shall be paid to the Public Works
Depal tu~ent at the rate in effect at the time of issuance of a building permit for the
VIP seating structure. Upon submission of construction plans for the VIP seating,
the Public Works Department will provide an estimate of the total fee.
32.
A permit from the Public Works Department is required prior to any work within
city right-of-way (street, alley, easement). A copy of the approved site plan with
conditions shall be submitted to the Public Works Department at the tune of
application for a permit.
33.
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.
34.
The mechanics area shall be limited to loading and unloading of vehicles or
equipment and storage of same.
35.
Racing vehicles shall not be started or tested outside of the earthen berm area
enclosing the track.
36.
All race cars shall conform to the state and federal vehicle emission standards as
they now exist or as may be amended.
ORIGINAL
Exhibit '54"
CUP #5618
Page 6
37. Exterior noise levels shall be as follows:
38.
Cumulative number of
minutesin.any 1 hour time
period that noise levels must
be at. or:..below the median :. ·
RACING
Maximum Median
· " Noise Level
CONCERTS
Maximum Median
Noise Level
Unlimited 65 dB(A) 45 dB(A)
(average)
30 min 70 dB(A) 50 dB(A)
5 rain 75 dB(A) 60 dB(A)
1 min 80 dB(A) 65 dB(A)
Noise levels shall be measured at the closest noise sensitive use or zone which is
identified at the following locations:
· North
· South
· East
· West
southerly right-of-way of State Highway 178
property line
property line
with the adjacent property owner's permission,
approximately 540 feet west of the property line at the
nearest R-1 zoned property to the west or as it may
change in the future. If that neighboring property
owner does not grant access for measuring noise then
the measurement shall be taken at the westerly property
line of the the subject property.
The Planning Director shall coordinate with the applicant an annual survey by a
qualified noise consultant of noise monitoring and charting for one day's racing
activities, including pre-race activities, racing, and spectator on-site activities and
one concert. This study may be conducted where both a race and concert are held
on the same day. The Planning Director and applicant shall agree on the chosen
event and the noise consultant. The applicant shall be responsible for all costs
associated with this study.
Ce
Additional conditions specific to concerts:
The total number of concerts shall be limited to 8 per calendar year. This includes
both concerts held in conjunction with a race or as a stand-alone event.
All seating shall be reserved seating through ticket sales.
ORIGINAL
Exhibit
CUP #5618
Page 7
o
Temporary restrooms shall be provided where seating is allowed in the infield area
at a minimum rate of one restroom per sex for each 40 persons.
The applicant shall contact the Police Department no less than 21 days prior to a
concert to advise them of the concert event.
The applicant shall contact the Kern County Fire Prevention Department (Fire
Marshal) no less than 21 days prior to a concert in order to satisfy the
department's fire safety requirements.
6. Concerts shall be limited to a total attendance of 12,000 people.
Additional conditions specific to auto-related shows/auctions/swap meets:
Activities open to the general public shall be limited to being held on Saturdays
and Sundays only from 8 a.m. to 4 p.m. Vendors and other necessary personnel
shall be permitted a 24-hour period both prior to and immediately after an event,
to setup and remove displays/merchandise.
All displays, merchandise, auctions and other activities shall be confined within the
stadium/track area only.
A transportation impact fee for regional facilities may be required for the auto
show/swap meet use as determined by the Public Works Director. If a fee is
required, it shall be paid to the Public Works Depastment at the rate in effect at
that time, prior to the commencement of any auto show, auto-related swap meets
or sale as approved under this permit. Evidence that this fee has been paid shall
be submitted to the Planning Director.
Events shall be limited to sales/display of automobile, truck and recreational
vehicles and accessory merchandise. Food and drink vendors shall also be
permitted in conjunction with the event.
ORIGINAL