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HomeMy WebLinkAboutRES NO 190-94RESOLUTION NO. I ~} 0 - ~} 4 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD OVERTURNING THE BOARD OF ZONING ADJUSTMENT'S DECISION TO DENY AN APPLICATION BY DAVID AND FRIEDA DRISKILL FOR A CONDITIONAL USE PERMIT AFFECTING THAT CERTAIN PROPERTY AS HEREINAFTER DESCRIBED TO ALLOW A COMMERCIAL AUTOMOBILE RESTORATION AND PAINTING OPERATION IN AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE DISTRICT. WHEREAS, DAVID AND FRIEDA DRISKILL flied a written application with the Board of Zoning Adjustment of the City of Bakersfield requesting a Conditional Use Permit (#5593) to allow a commercial automobile restoration and painting operation in an R-2 (Limited Multiple Family Dwelling) zone district on property located at 7320 Wible Road; and WHEREAS, the applicant requested this consideration based upon Municipal Code Section 17.08.060D., an existing 6,900 square foot metal building on the site cannot be utilized for any use consistent with the R-2 zone; and WHEREAS, at a noticed public hearing held on September 27, 1994, said application was duly heard and considered with testimony given both in support and in opposition to the proposal, and the Board of Zoning Adjustment, by its Resolution No. 28-94, denied the requested conditional use permit; and WHEREAS, within the time prescribed by law, DAVID and FRIEDA DRISKILL filed in writing with the Council of the City of Bakersfield through the City Clerk, an appeal of the denial of the conditional use permit; and WHEREAS, the Council through its Clerk set November 2, 1994, 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 them on said appeal, and notice of the hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, at said hearing held November 2, 1994, the appeal was duly heard and considered. WHEREAS, the applicant agreed to satisfy all conditions imposed by Kern County for the previous use as approved pursuant to Conditional Use Permit Case No. 4, Map No. 123-25, and additional restrictions regarding (1) limit of business hours; (2) vehicles and materials being stored in the building; (3) business operation limited to family members; (4) employees limited to family members; and (5) completion of painting the building, said conditions being incorporated into Exhibit "A"; and WHEREAS, based upon the record of proceeding before and findings adopted by the Board of Zoning Adjustment, and the proceeding before this Council, the Council found as follows: 1) The proposed use is essential or desirable to the public welfare. The use will be a family owned and operated business that provides specialized services for antique automobile restoration. 2) The proposed use is consistent with the goals, objectives and policies of the Metropolitan Bakersfield 2010 General Plan, and the intent and purpose of the City of Bakersfield's Zoning Ordinance. The use, subject to the conditions imposed and those restrictions added by the applicant, will ensure the use is compatible with the existing and planned land uses in the area. 3) The property cannot be utilized for any use consistent with the R-2 zone district pursuant to Section 17.08.060D. This district limits uses to those residential in nature. The applicant intends to live on the site and operate the proposed use within an existing 6,900 square foot metal building. This building, due to its configuration and related improvements on the site, is only suited to limited commercial use. The proposal by the applicant is considered less intensive than the previous use allowed by Kern County which was an irrigation pump repair business. 4) Public notice has been given pursuant to both city and state regulations. 5) The provisions of CEQA and the city's environmental implementation procedures have been followed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD that the Negative Declaration for this project is hereby approved, and that the Conditional Use Permit as set forth by the project description and as further conditioned/restricted by the applicant, is hereby approved subject to the conditions in Exhibit "A". 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 by the following vote: AYES: COUNCILMEMBERS McDERMOl'I', EDWARDS, DeMOND, SMITH, SRUNNI, ROWLEa, $ALVAGGIO NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK and EX OFFICIO CLERK of the Council of the City of l~akersfleld APPROVED.~ lilly 1. § 1~ 'BOB P 'C~E.~MA~OR~of the City of Bakersfield APPROVED as to form: ,I~/SI~O~U~N~, IITY ATTORNEY of th/City of Bakesfield EXHIBIT "A" CONDITIONS OF APPROVAL Conditional Use Permit #5593 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 approva~ and other required permits and approvais. .dll construction shall comply with applicable building codes. /ill 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 one (1) year after the effective date unless the applicant or successor has actually commenced use of or construction of what was authorized; or if the use is discontinued or abandoned for a period of one (l) year or more. This time can be extended or conditioned for a longer period if approved by the City Council. The City Council may revisit a conditional use permit or modification 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 Bakersfield Municipal Code pertaining to thepremises 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 above mentioned provisions are satisfied. The following conditions, as required at the discretion of the City Council, shall be satisfied as part of the approval of this project (the applicant's conditions they initially requested are noted): Storage of vehicles or materials shall be contained in the building or entirely screened from view from adjacent properties. All work shall be conducted entirely within the building. (applicant) Hours of operation shall be from 8 a.m. to 5 p.m., Monday through Friday. (applicant) Only members of the applicant's immediate family may operate the business. In addition, no employees shall be hired, engaged or retained by the applicant other than members of the immediate family. (applicant) 4. All painting operations, including installation of a paint booth, shall be conducted within the existing building. o Noise at the property line shall not exceed a level of 60 dB(A) at any time due to work being performed under this permit. Any change of use, including a change to a less intensive operation, shall be subject to a Conditional Use Permit unless such use is permitted within the zone district that the property is located. One non-illuminated business identification wall sign along Wible Road may be permitted provided it does not exceed an area of 32 square feet and a placement height on the wall not to exceed 15 feet. No wall signs shall be permitted along Berkshire and no freestanding (pylon or monument) business identification signs shall be permitted on the site. o A six-foot high masonry block wall shall be constructed along the east property line of the site. Openings into the building shall be completely screened from view from Wible Road. The building shall be painted white with blue trim. Any changes of these colors shall be subject to approval by the Planning Director. (applicant) II. As part of the review process, plans for this project have also been reviewed by the Site Plan Review Committee. The following are conditions to be satisfied in order for this project to comply with city ordinances. These conditions pertain to the project based on the plans submitted. ~4ny errors or omission on the plans submitted could alter these conditions or render this approval null and void: "A" CONDITIONS - These conditions require specific alterations to the site plan. These changes must be reflected on all final plans submitted to the Building Deparlment. Plan check will not begin until all "A" conditions are correctly shown on the plans submitted. Provide layout for lighting for the parking area along with description of light fixtures as per Title 17.58.060 A of the Municipal Code. Design and arrange the lights to reflect away from the adjacent residential properties and streets. All light fixtures shall be located 15' and 40' above grade. (Planning) Construct standard handicap ramps at southeast corner of Wible Road and Berkshire Road. (Engineering Services) 3. Construct, curb, gutter and sidewalk and paving on Wible Road to major arterial standard (one half the street width only). o 10. 11. Dedicate additional street right-of-way on Wible Road to a major arterial standard and on Berkshire Road to local street standards. All power poles shall be relocated behind sidewalk on Wible Road. The developer shall construct parcel front median island on Wible Road or pay $27 per linear foot to the city for such improvements. Provide one, 6' x 8' refuse bin location(s) on plans. (Sanitation) Show 42 foot and 36 foot (top-to-top) wide drive approach(es) as indicated on the attached plan. Center drive approach on the drive aisle. (Traffic Engineering) Show typical parking lot layout including space sizes, aisle widths and standard space locations. (Traffic Engineering) Show typical parking stall dimensions (9' x 18' standard). (Traffic Engineering) Driveway as shown does not meet City Standards for location of driveway on arterial streets. Please relocate to 200 feet from corner or as far from corner as possible on parcel. If curb, gutter and drive approach are existing and no change is proposed, clearly show as such on plan and it will be considered as existing non-conforming. (Traffic Engineering) "B" CONDITIONS - CONDITIONS REQUIRING IMMEDIATE ATTENTION Contact Fire Safety Control Division, 1715 Chester Avenue, Suite 300, (Fire Prevention Bureau) for fire and safety requirements. Provide one (1) set of building plans showing required plan corrections to Fire Safety Control (Fire Marshal, (805) 326-3951). (Fire) Show how site is to be drained to approved drainage facilities. A dry well is not an approved drainage facility. (Engineering Services and Building) Provide a drainage plan for the parcel which include run-offs within street right-of-way. (Engineering Services) o A landscape plan and specification for irrigation shall be submitted to the Planning Department for approval prior to final site plan approval. (Planning) "C" CONDITIONS - MISCELLANEOUS AND INFORMATIONAL CONDITIONS o o o o This review does not include signage. A separate permit is required for all new signage, including construction signs. (Building) Provide fire resistive wall construction details for exterior walls of buildings at property line. (Building) Show compliance with all handicap requirements as per State Building Code. (Building) School district fees will be assessed at the time of issuance of a building permit. (Building) The parking required for this project has been computed as follows: (only the office area was calculated due to this business being limited to family only): 1200 sq. ft. office/300 = 4 spaces Approved landscaping shall be installed prior to final building inspection or occupancy of any building. Landscape inspections are on Fridays. Call David Dow at 326-3666 or Louise Palmer at 326-3680 prior to the Friday you wish your inspection. (Planning) Street improvement plans shall be submitted to City Engineer for review and approval prior to issuance of occupancy permit. Prior to occupancy, sub-standard off-site improvements shall be reconstructed to city standards or repaired as directed by the City Engineer. Off-site improvements may include construction of the median islands in the streets fronting the project site. Call the construction superintendent at 326-3050 to determine the extent of improvements required. (Engineering Services) 10. A sewer connection fee shall be paid prior to issuance of a building permit. The fee will be based on the current adopted charges at the time of issuance of the building permit. (Engineering Services) 11. A Transportation Impact Fee for regional facilities shall be paid at the rate in effect at the time of issuance of a building permit. 12. A change of use in an existing building which results in an increase in vehicular traffic will pay a fee based on the increase. Upon submission of construction plans for the project, the Public Works Department will provide an estimate of the total fee. (Engineering Services) 13. A permit from the Public Works Department is required prior to any work with in 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 time of application for a permit. (Engineering Services) 14. If the project generates industrial waste, it shall meet the requirements of the Industrial Waste Ordinance. An industrial waste permit from Public Works Department shall be obtained prior to issuance of the building permit. To determine the type of waste, contact the waste water treatment superintendent at (805) 835-0364. (Engineering Services) 15. Provide one, 3 cubic yard, front loading type refuse bin(s) on concrete pad(s) per standard #S-43. (Sanitation) 16. Facilities which participate in recycling operations shall provide a location separate from the refuse containment area for such activities. (Sanitation) 17. A special inspection permit is required to determine the extent of improvements that exist and what will be necessary for the building to satisfy minimum requirements of the uniform building code.