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HomeMy WebLinkAboutRES NO 171-93RESOLUTION NO. I 7 1 "9 3 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A FAMILY ENTERTAINMENT CENTER LOCATED AT THE NORTHWEST CORNER OF CALIFORNIA AVENUE AND OAK STREET COMMONLY KNOWN AS 1251 OAK STREET. WHEREAS, Camelot Park Family Entertainment Center of Bakersfield, pursuant to Section 17.66.020 of the Bakersfield Municipal Code, desires to operate a family entertainment center to include a 10,000 square foot arcade building, 12 station batting cage, two go-cart race tracks, one bumper boat pond, and a 36-hole miniature golf course; and WHEREAS, such facilities must obtain a conditional use permit from the City Council to be established; and WHEREAS, a duly noticed public hearing before the City Council was held on October 27, 1993, November 10, 1993; and WHEREAS, the Council considered all public testimony relative to the project and the proposed negative declaration; and WHEREAS, the initial environmental review of this project included noise studies and traffic studies; and WHEREAS, the traffic study resulted in agreements with Cal Trans and the City of Bakersfield to mitigate potential traffic imports from this project; and WHEREAS, the noise study documented that noise impacts would not be significant; and WHEREAS, conditions of approval attached to this project ensure that it will comply with development standards to protect the health, safety and welfare of the public. ORiGiNAL 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 November 10, 1993, by the foll AYES: COUNCILMEMBERS M~)ERMOTT EDWARDS ~ ~u~?u ~mJ~ ~ =~ .. .o.~ing vote: NOES: COUNCILMEMBERS ~o~(~q (~'~ "~ ............ ' ........, -~,.~, e~v~ .ABSTAIN: COUNCILMEMBERS ' ~' ' . ,R~ENT; C, OUNOILMEMBER~ y'% ~ ~ _ , CITY CLERK and EX-OFFICIO CLERK of the Council of the City of Bakersfield APPROVED o BOB PRICE Mayor of the City of Bakersfield APPROVED as to form: OR'G;NAL NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The following findings are true and correct: a) h) c) The proposed use is deemed essential or desirable to the public convenience and/or welfare. The proposed use is in harmony with the elements and objectives of the general plan. The proposed use will not generate adverse impacts on the surrounding uses. The findings are based on the following facts: 1. The project would serve the growing recreational needs of the Bakersfield population. 2. The proposed development will be on property planned to be commercial and zoned industrial. 3. This project is consistent with the policy on private recreational facilities in the general plan. 4. After a preliminary environmental assessment, staff determined the project would not have a significant effect on the environment if developed in accordance with site development standards and conditions of approval. 3. Pursuant to Bakersfield Municipal Code Section 17.66.020, that said Negative Declaration and Conditional Use Permit is approved, subject to the conditions listed in Exhibit "A", attached hereto and incorporated as though fully set forth herein. -2- EXHIBIT "A" CONDITIONAL USE PERMIT #5512 CAMELOT PARK FAMILY ENTERTAINMENT CENTER OF BAKERSFIELD This approval is contingent on the approval of the improvements as identified on the approved Site Plan relevant to this project. Deviations from this site plan that are not minor in nature will require approval of a revised site plan and additional hearing to allow public comment on the revised site plan. DISCRETIONARY CONDITIONS Noise from the facility shall not exceed a level of 65dB(A) at the northwest corner of the intersection of California Avenue and Oak Street. The use of outdoor public address systems, horns, whistles and other such devices that produce short bursts of intense noise shall be prohibited. Within six months after final occupancy and operation of the facility, the applicant shall be required to submit to the Planning Department a noise study certifying compliance with all noise conditions set forth in this approval. In the event noise levels are exceeded, outdoor operations shall cease or excessive noise levels mitigated. A security plan shall be required to be approved by the Police Department with the provisions within said plan enforced at all times. A copy of the approved plan shall be submitted to the Planning Department for inclusion in the official file. The security plan shall incorporate the following specific items: A minimum of one security person shall be stationed at the public entrance into the facility (arcade building) at all times the business is open to the public. Security personnel shall be provided on the premises of activity areas and parking lot at all times the business is open to the public. Provisions to handle loitering, etc., both on the site and immediately adjacent to the site. Bicycle racks with a minimum of 20 spaces shall be required on the site for bicycle parking. The bicycle parking area shall be shown on the site plan. Bicycle parking shall not be permitted on any pedestrian sidewalk. Exhibit "A" CUP #5512 Page 2 6. The facility shall be limited to the following hours of operation: 10. 11. September 1 - May 31: Sunday - Thursday Friday - Saturday 10 a.m. - 10 p.m. 9 a.m. - 12 a.m. June 1 - August 30: Sunday - Thursday Friday - Saturday 10 a.m. - 11 p.m. 9 a.m. - 12 a.m. The race tracks shall be recessed below grade and encompassed by an earthen berm that results in an elevation difference from the surface of the highest race track to the top of the earthen berm of five feet. The earthen berm shall be landscaped and shown on the landscape plan. If complaints are received that relate to noncompliance of any conditions of this permit, the City Council reserves the right to set this matter for a public hearing to consider such complaints and impose additional conditions or revoke the permit as determined to be appropriate. The applicant shall pay a pro-rata share of the cost of local traffic improvements and shall be responsible for the costs of determining the required amounts. Signage shall comply with C-2 zone standards. A minimum of 50 percent of the games in the arcade shall be redeemable games in that coupons, tickets, or other such item can be redeemed for prizes, games, discounts or othr such exchange. "A" CONDITIONS - REQUIRED PLAN CORRECTIONS Designate a fire lane, per City requirements, as shown on the attached site plan. Please indicate spacing between fire lane signs to meet City standards. (Fire) Show all fire hydrant locations and required fire flows on site plan. (Fire) Provide 10-foot wide landscape strip along Oak Street and an 8-foot wide strip along proposed street, as shown in red on plan. Exhibit "A" CUP #5512 Page 3 Provide lighting for the parking area and submit layout 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 streets. All light fixtures shall be located 15' and 40' above grade. Lighting proposals must be approved before Building Department will begin plan check. (Planning and Building) Construct new connection(s) to a public sewer. (Engineering Services) Construct on-site paving with a minimum of 2" Type B, A.C. over 3" Class II A.B., or paving equivalent as approved by the City Engineer. (Engineering Services) 7. Show one, 6' x 8' refuse bin location on attached plans. (Sanitation) Show two-way parking aisles with a minimum width of 25 feet to provide proper backup space for right angle parking. (Traffic Engineering) Show typical parking stall dimensions (9' x 18' standard). Traffic Engineering) Show bridge structure on Oak Street overpass. (Traffic) 11. Show intersection of California Avenue and Oak Street and indicate distance from project. (Traffic) "B" CONDITIONS - CONDITIONS REQUIRING IMMEDIATE ATFENTION Contact Fire Safety Control Division, 1729-22nd Street, (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) Install two fire hydrant(s) as shown on attached plans prior to final site plan approval. (Fire) Provide three copies of the grading plans with two copies of the preliminary soils report to the Building Department. (Engineering Services and Building) ORIGINAL Exhibit "A" CUP #5512 Page 4 Show how site is to be drained. (Engineering Services and Building) Provide a master drainage plan for the entire project site. The boundaries of the study area shall be California Avenue, Oak Street, railroad right-of-way line and freeway on-ramp. The Sanitation Division must be contacted to work out an alternate solution that will allow safe collection. (Sanitation) CONDITIONS - MISCELLANEOUS AND INFORMATIONAL CONDITIONS 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. (Fire) Based upon available information, fire flow requirement may be 3500 gallons per minute. All persons required to furnish fire hydrants are hereby required to purchase the required fire hydrants from the City of Bakersfield. (Fire) Post the designated fire lane as required by the City prior to occupancy of any portion of any building. (Fire) Provide the Fire Department with one set of approved water plans prior to the issuance of any building permit. (Fire) Areas adjacent to all Fire Department connections shall be identified by yellow stripes as per Bakersfield Municipal Code 15.64.140(d). (Fire Department) Contact Building Department for any proposed signage. Review does not include signage. A separate permit from the Building Department is required for all new signage, including construction signs. (Building) Structures exceeding 10,000 square feet in area shall be constructed with an automatic fire sprinkler system throughout. (Building) ORIGINAl. Exhibit "A" CUP #5512 Page 5 10. 11. 12. 13. 14. 15. Provide fire resistive wall construction details for exterior walls of buildings at property line. (Building) 16. Show compliance with all handicap requirements as per State Building Code. (Building) 17. A final soils report shall be submitted prior to issuance of a building permit. (Building) 18. School district fees will be assessed at the time of issuance of a building permit. (Building) Submit for all necessary approvals from the (Kern County Environmental Health Services Department located at 2700 "M" Street) for any food handling facility, (such as a market or a restaurant) prior to issuance of a building permit. (Building) Submit for all necessary approvals from the (Bakersfield City Fire Department) for fuel tanks or related facilities prior to issuance of a building permit for such facilities. (Building) The applicant shall provide a minimum of 177 parking spaces on the site as proposed in the application. Approved landscaping shall be installed prior to final building inspection or occupancy of any building. Landscape inspections are on Fridays. Call Dave Dow at 326-3733 prior to the Friday you wish your inspection. (Planning) The Habitat Conservation Plan fee for this project has been computed to be $3,788.00 based on a fee which is now $680 per acre. This fee must be paid prior to issuance of a building permit. This fee will change in the future so the actual amount due will depend on the fee schedule in effect at the time of issuance of the building permit. (Planning) Prior to occupancy, sub-standard off-site improvements shall be reconstructed to city standards or repaired as directed by the City Engineer. 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) Exhibit "A" CUP #5512 Page 6 19. A transportation impact fee for regional facilities shall be paid prior to final inspection and/or occupancy and shall be based on the rate in effect at the time the fee is paid. 20. Based on the rate schedule in effect for the 1992-1993 fiscal year and the proposed project use, a rate of $39 per vehicular trip would be anticipated. Provide 3 cubic yard, front loading type refuse bin on concrete pad per standard #S-43. (Sanitation) 21. Facilities which require grease containment must provide a storage location separate from the refuse bin location. (Sanitation)