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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. -2- 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". -3- 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 -4- 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