HomeMy WebLinkAboutRES NO 022-06
RESOLUTION NO.
022 - 06
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
APPROVING THE APPEAL BY BRUCE AND PAULA BELL, AND
MANUEL AND CORINNE MONSIBAlS REINSTATING CONDITIONS
REQUIRING AN 8-FOOT BLOCK WALL ALONG AUBURN OAKS DRIVE
AND UPHOLDING THE BOARD OF ZONING ADJUSTMENT'S
APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW A DRIVE THRU
CAR WASH AT A PROPOSED MINI-MARKET WITH GAS PUMPS IN A C-1
(NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT AT 5700 AUBURN
STREET (FILE NO 05-1505)
WHEREAS, the Board of Zoning Adjustment considered a conditional use penn it
(File No. 05-1505) to allow a drive thru car wash at a proposed 1,664 sq. ft. mini-market with gas
pumps in a C-1 (Neighborhood Commercial) zone district at 5700 Aubum Street; and
WHEREAS, the Board through its Secretary set Tuesday, December 13, 2005, at the
hour of 3:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place
for a public hearing before them on said project, and notice of their hearing was given in the manner
provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and
WHEREAS, at the public hearing said project was duly heard and considered, and
the Board of Zoning Adjustment approved the conditional use penn it; and
WHEREAS, a timely appeal was filed by Bruce and Paula Bell, and Manuel and
Corinne Monsibais objecting to the Board of Zoning Adjustment's decision to remove a condition
concerning a block wall along Aubum Oaks Drive with the Clerk of the City Council; and
WHEREAS, the City Council through its Clerk set January 25, 2006, at the hour of
5:15 p.m., in the Council Chamberof City Hall, Bakersfield, California, as the time and place br a
public hearing before them on the appeal, and notice of their hearing was given in the manner
provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and
WHEREAS, the City Council considered during the hearing, all facts, testimony and
evidence conceming the project, including the staff report, deliberation and action by the Board of
Zoning Adjustment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD AS FOLLOWS:
A. The City Council hereby adopts the Board of Zoning Adjustmenfs findings as
contained in their resolution (No. 05-33).
B. The City Council hereby approves the appeal reinstating conditions requiring
a block wall along Aubum Oaks Drive and upholds the decision of the Board
of Zoning Adjustment approving a Conditional Use Pennit to allow a drive thru
car wash at a proposed mini-market at 5700 Aubum Street. The project's
specific conditions of approval are contained in Exhibit "A".
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City òf Bakersfield at a regular meeting thereof held on
Jilt>! 2 !\ ~ , by the following vote:
¿§§)
NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH. HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, C C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
APPROVED JAN 2 5 2006
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit No. 05-1505
I. The applicanfs rights granted by this approval are subject to the following provisions:
o The project shall be in accordance with all approved plans, conditions of approval, and other required
permits and approvals. All construction shall comply with applicable building codes.
o 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.
o This approval will not be effective until ten (10) days after the date upon which it is granted by the BZA to
allow lor appeal to the City Council. Any permit or license lor any approval granled shall not be issued until
that effective date.
o This approval shall automatically be null and void one (1) year after the effective date unless the applicant
or successor has actually commenced the rights granted, or if the rights granted are discontinued for a
continuous period of one (1) year or more. This time can be extended for up to one (1) additional year by
the approving body.
o The BZA may initiate revocation of the rights granted if there is good cause, including but not limited to,
failure to comply with conditions of approval, complete construction or exercise the rights granted, or
violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the
premises for which the approval was granted. The BZA may also consider under the revocation addition to
or modification of 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.
o Unless otherwise conditioned, this approval runs with the land and may continue under successive owners
provided all the above mentioned provisions are satisfied.
II. The following conditions shall be satisfied as part of the approval of this project:
1. In consideration by the City of Bakersfield for land use entitlements, including but not
limited to related environmental approvals related to or arising from this project, the
applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to
indemnify, defend, and hold hannless the City of Bakersfield, its officers, agents,
employees, departments. commissioners or boards ("City" herein) against any and all
liability, claims, actions, causes of action or demands whatsoever against them, or any
of them, before administrative or judicial tribunals of any kind whatsoever, in any way
arising from, the tenns and provisions of this application, including Vvithout limitation
any CEQA approval or any related development approvals or conditions whether
imposed by the City, or not, except for CITY's sole active negligence or willful
misconduct.
This indemnification condition does not prevent the Applicant from challenging any
decision by the City related to this project and the obligations ofthis condition apply
regardless of whether any other penn its or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling
under this condition within thirty (30) days of actually receiving such claim. The City, in its
sole discretion, shall be allowed to choose the attomey or outside law firm to defend the
City at the sole cost and expense of the Applicant and the City is not obligated to use any
law firm or attomey chosen by another entity or party.
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2. Hours of operation of the car wash shall be as follows:
November 1 to March 31:
April 1 to October31:
7am' to 7pm
7am' to 9pm
. The car wash shall nolopen before 8am on Saturdays and Sundays
3. Parking lot lighting shall be evenly distributed across the parking area with light fixtures
designed and arranged so that light is directed downward and is reflected away from
adjacent residential properties and streets. Use of glare shields or baffles may be required
for glare reduction or control of back light. No light poles, standards and fixtures, including
bases or pedestals, shall exceed a height of 15' above grade. The final building plans shall
include a picture or diagram of the light fixtures being used and show how light will be
directed onto the parking area. Please note that staff can require additional adjustments to
installed lighting after occupancy to resolve glare or other lighting problems that may affect
adjacent properties.
4. A solid masonry block wall shall be required along the northem boundary of the site.
(Refer to the retumed site plan for precise wall location).
Specifically, commencing at the northeast comer of the site, this wall be constructed on the
northeastem property line shared between the project site and the neighboring postal
annex facility, then shall run along the entire frontage of Aubum Oaks Drive but be setback
8 feet (or the same distance as the wall to the east) from the right-of-way line. At a
distance of 20 feet from Fairfax Road, the wall shall angel at a 45-degree angle and end at
the building setback line (which is 10 feet from the Fairfax Road right-of-way).
5. The height of the wall (approximately 8 feet), including its design, block style, and color
shall match the existing wall to the east.
6. The area between the wall along Auburn Oaks Drive and the sidewalk shall be
landscaped with 24" box evergreen trees (20' on center), ground cover/turf, and vines that
will grow on the wall to discourage graffiti.
7. Vehicular access shall be prohibited to the site from Aubum Oaks Drive.
8. Mechanical equipment for the car wash, including dryers, blowers, sprayers,
compressors, pumps, etc. shall use the most recent noise reduction technology available
(includes quiet running equipment and/or enclosures). The developer shall provide
documentation that these measures have been designed into the project on the final
building plans.
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III. The review process includes examination of the plans for consistency with the
Bakersfield Municipal Code by the Site Plan Review Committee. The following are
specific items they have noted that you need to resolve before you can obtain a
building permit or be allowed occupancy. These items may include changes or
additions that need to be shown on the final building plans, alert you to specific fees,
and/or are comments that will help you in complying with the city' development
standards. The item will note when it is to be completed and each has been grouped
by department so that you will know whom to contact if you have questions.
A. DEVELOPMENT SERVICES - BUILDING (staff contact - Mark Fick 661/326-3437)
1. An approved grading plan is required prior to final plan approval. The developer shall
submit 4 copies of grading plans and 2 copies of the preliminary soils report to the
Building Division. A final soils report shall also be submitted to the Building Division
before they can issue a building permit. Please note that grading plans must be
consistent with the final building site plans and landscaping plans. Building permits will
not be issued until the grading plan is approved by both the Building Division and Public
Works Department.
2. Show on the final site plan how and where water will be drained from the property.
3. The developer shall include fire resistive wall construction details with the final building
plans for all exterior walls of any building that are within 20' of property lines if it is
commercial, or 5' of property lines if it is residential.
4. Include with or show on the final building plans information necessary to verify that the
project complies with all disability requirements of Title 24 of the State Building Code.
5. The developer shall obtain all required approvals from the Kem County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for
any food handling facility, (ie. market, delicatessen, cafe, concession, restaurant) before
building permits can be issued.
6. Business identification signs are not considered nor approved under this review. A
separate review and sign permit from the Building Division is required for all new signs,
including future use and construction signs. Signs must comply with the Sign Ordinance
(Chapter 17.60 of the Bakersfield Municipal Code).
Please note that by ordinance regarding freestanding signs in this area, pylon
signs are prohibited for the development. Only monument signs are permitted
(maximum height 8' and maximum area 32 sq.ft.). Refer to the Planning Division
for more information.
7. The Building Division will calculate and collect the appropriate school district impact fee
at the time they issue a building permit.
8. Final building plans shall show pedestrian access pathways or easements for persons
with disabilities from public rights-of-way that connect to all accessible buildings,
facilities, elements, and spaces in accordance with the California Building Code. These
pedestrian access ways shall not be parallel to vehicular lanes unless separated by
curbs or railings.
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B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673)
1. The minimum parking required for this project has been computed based on use and
shall be as follows:
Use
Square
Footaae
Parking
Ratio
Required
Parkina
Convenience Market
wi Gas Pumps (6)
1.664 sq. ft.
1 space/200 sq. ft.
(Credit 2 spaces/gas pump)
8 spaces
-12 spaces
(Note: 7 stalls for vacuums and 5 stalls for staff and additional customers are shown on the proposed site
plan in addition to spaces by the pump islands. By ordinance, compact and tandem spaces cannot be
counted toward meeting minimum parking requirements)
2. Minimum parking stall dimensions shall be g' wide x 18' long. Vehicles may hang over
landscape areas no more than 2)1:, feet provided required setbacks along street
frontages are maintained, and trees and shrubs are protected from vehicles.
3. All parking lots, driveways, drive aisles, loading areas, and any other vehicular access
ways, shall be paved with concrete, asphaltic concrete (A. C.), or other paved street
surfacing material in accordance with the Bakersfield Municipal Code (Sections
15.76.020 and 17.58.050 N.).
4. The developer shall include a copy of a final landscape plan with each set of the final
building plans submitted to the Building Division. Building permits will not be issued until
the Planning Division has approved the final landscape plan for consistency with
approved site plans and minimum ordinance standards (please refer to the attached
landscaping requirements in Chapter 17.61).
(NOTE: At the time a final site inspection is conducted, it is expected that plants
will match the species identified and be installed in the locations consistent with
the approved landscape plan. Changes made without prior approval of the
Planning staff may result in the removal and/or relocation of installed plant
materials and delays in obtaining building occupancy.)
5. Habitat Conservation fees shall be required for this project and will be calculated based
on the fee in effect at the time we issue an urban development permit (includes grading
plan approvals) as defined in the Implementation/Management Agreement (Section
2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the
fee, the applicant will receive acknowledgment of compliance with Metropolitan
Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section
3.1.4). This fee is currently $1,240 per gross acre, payable to the City of Bakersfield
(submit to the Planning Division). This fee must be paid before any grading or other site
disturbance occurs.
6. Outside work, storage, sales and display of merchandise and materials is prohibited. All
activities (except outdoor seating for restaurants), and all storage of merchandise and
materials shall be conducted and/or contained within an enclosed building.
7. Refuse collection bin enclosures and container areas are subject to all required
structural setbacks from street frontages, and shall not reduce any parking, loading or
landscaping areas as required by the zoning ordinance.
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8. In the event a previously undocumented oil/gas well is uncovered or discovered on the
project site, the developer is responsible to contact the Department of Conservation's
Division of Oil, Gas, and Geothennal Resources (DOGGR). The developer is
responsible for any remedial operations on the well required by DOGGR. The developer
shall also be subject to provisions of BMC Section 15.66.080 (B.).
g. The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control
District (Regulation VIII) conceming dust suppression during construction of the project.
Methods include, but are not limited to, use of water or chemical stabilizer/suppressants
to control dust emissions from disturbed area, stock piles, and access ways; covering or
wetting materials that are transported off-site; limit construction-related speeds to 15
mph on all unpaved areas/ washing of construction vehicles before they enter public
streets to minimize carryout/track out; and cease grading and earth moving during
periods of high winds (20 mph or more).
10. Prior to receiving final building or site occupancy, you must contact the Planning Division
(staff contact noted above) for final inspection and approval of the landscaping, parking
lot, lighting, and other related site improvements. Inspections will not be conducted until
all required items have been installed. Any deviations from the approved plans without
prior approval from the Planning Division may result in reconstruction and delays in
obtaining building or site occupancy.
c. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706)
1. Show on the final building plans the following items:
a. All fire hydrants, both offsite (nearest to site) and on-site. Include flow data on all
hydrants. Hydrants shall be in good working condition and are subject to testing
for verification. Fire flow requirements must be met prior to construction
commencing on the project site. Please provide 2 sets of the engineered water
plans to Dave Weirather. (Note: All new fire hydrants must be purchased from
the Fire Department.)
b. All fire sprinkler and/or stand pipe systems, fire alanns and commercial hood
systems. These suppression systems require review and permits by the Fire
Department. The Fire Department will issue guidelines for these various items
as they may apply to this project.
2. The developer shall show on the final building plans a minimum 20' wide all-weather
emergency access with an overhead clearance of 13'6 "within 150' of all buildings on the
project site. The Fire Department must approve the final location and design of this
access prior to building permits being issued. This access shall be constructed before
building occupancy will be granted.
3. All access (permanent and temporary) to and around any building under construction
must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent
water ponding. Barricades must be in place where ditches and barriers exist in or cross
roadways. Emergency vehicle access must always be reliable.
4. The developer shall submit 2 (two) sets of plans for permits and approvals from the Fire
Department for fuel tanks or related facilities before they are installed on the site. Please
contact the Prevention Services Division at 661/326-3979 for further information. ~ 'òIlK~-9
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5. If you handle hazardous materials or hazardous waste on the site, the Prevention
Services Division may require a hazardous material management and/or risk
management plan before you can begin operations. Please contact them at661/326-
3979 for further information.
6. If you treat hazardous waste on the site, the Prevention Services Division may require a
hazardous waste "Tiered" permit before you can begin operations. Please contact them
at 661/326-3979 for further information.
7. If you store hazardous materials on the site in either an underground or a permanent
aboveground storage tank, a permit from the Prevention Services Division is required to
install and operate these tanks. The Prevention Services Division may also require a
Spill Prevention Control and Countermeasure Plan for storage of petroleum products
above ground in quantities of 1,320 gallons or more. Please contact them at 661/326-
3979 for further information.
D. PUBLIC WORKS - ENGINEERING (staff contact - George Gillburg 661/32~3997)
1. The developer shall construct standard handicap ramps at the southeast corner of
Aubum Oaks Drive and Fairfax Road and the northeast corner of Fairfax Road and
Auburn Street according to adopted city standards. These improvements shall be
shown on the final building plans submitted to the Building Division before any building
permits will be issued.
2. The developer shall install new connection(s) to the public sewer system. This
connection shall be shown on the final building plans submitted to the Building Division
before any building permits will be issued.
3. All on-site areas required to be paved (ie. parking lots, access drives, loading areas,
etc.) shall consist of concrete, asphaltic concrete (Type B, A. C.) or other paved street
material approved by the City Engineer. Pavement shall be a minimum thickness of 2
inches over 3 inches of approved base material (ie. Class II A. B.). This paving standard
shall be noted on the final building plans submitted to the Building Dilision before any
building permits will be issued.
4. If a grading plan is required by the Building Division, building permits will not be issued
until the grading plan is approved by both the Public Works Department and Building
Division.
5. If the project generates industrial waste, it shall be subject to the requirements of the
Industrial Waste Ordinance. An industrial waste permit must be obtained from the Public
Works Department before issuance of the building permit. To find out what type of
waste is considered industrial, please contact the waste water treatment superintendent
at 661/326-32 49.
6. Before any building or site can be occupied, the developer must reconstruct or repair
substandard off-site street improvements that front the site to adopted city standards as
directed by the City Engineer. Please call the construction superintendent at 661/326-
3049 to schedule a site inspection to find out what improvements may be required.
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7. A street permit from the Public Works Department shall be obtained before any work can
be done within the public right-of-way (streets, alleys, easements). Please include a copy
of this site plan review decision to the department at the time ~u apply for this pennit.
8. A sewer connection fee shall be paid at the time a building penn it is issued. We will
base this fee at the rate in effect at the time a building permit is issued.
g. A transportation impact fee for regional facilities shall be paid at the time a building
permit is issued, or if no building penn it is required, before occupancy of the building or
site. This fee will be based at the rate in effect at the time the building permit is issued.
The Public Works Department will calculate an estimate of the total fee when you submit
construction plans for the project.
10. The developer shall, along the entire frontage of the development within Fairfax Road,
either construct a landscaped median island or pay $40 per linear foot to the city for
construction of the median island ('h-width). Building penn its will not be issued until one
of these options is approved by the Public Works Department.
11. The developer shall form or join a maintenance district for maintaining the landscaped
median island within Fairfax Road along the entire frontage of the development.
12. The legal description (ie. lot and tract number and/or assessor's parcel number) shall be
shown on the final building plans.
13. All stonn water generated on the project site, including the street frontage, shall be
retained onsite unless otherwise allowed by the Public Works Department (please
contact the Public Works Department - Subdivisions at 326-3576).
14. The developer shall construct a right tum lane into Aubum Oaks Drive according to City
Standard T-10 and dedicate additional right-of-way as indicated by this standard.
F. PUBLIC WORKS - SOLID WASTE (staff contacts - John Wilburn or James Scriyano 661/326-3114)
1. You must contact the staff Derson noted above before buildina Dermits can be
issued or work beains on the DroDertv to establish the level and tvDe of service
necessarv for the collection of refuse and/or recvcled materials. Collection
locations must provide enough containment area for the refuse that is generated without
violating required zoning or setback restrictions (see Planning Division conditions).
Levels of service are based on how often collection occurs as follows:
Cart service
.Front loader bin services
.Roll-off compactor service
1 cubic yard/week or less 1 time per week
1 cubic yard/week - 12 cubic yards/day
More than 12 cubic yards/day
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2. Show on the final building plans refuse bin enclosures. Each enclosure shall be
designed according to adopted city standard (Detail #5-43), at the size checked below
0. Before occupancy of the building or site is allowed, one, 3 cubic yard front loading
type refuse bin(s) shall be placed within the required enclosure(s).
o
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6' deep x 8' wide (1 bin)
8' deep x 10' wide (2 bins)
o
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8' deep x 15' wide (3 bins)
8' deep x 20' wide (4 bins)
NOTE: All enclosure measurements above are inside dimensions. If both refuse
and recycling containers are to be combined in the same enclosure area, this area must
be expanded in size to accommodate multiple containers/bins (contact the staff
person above for the appropriate enclosure size).
3. Facilities that require grease containment must provide a storage location that is
separate from the refuse bin location. This shall be shown on the final building plans.
4. Facilities that participate in recycling operations must provide a location that is separate
from the refuse containment area.
5. On the final site plan, relocate the trash enclosure outside of the building setback areas
to an area that will not be blocked by parked vehicles, and that will not require refuse
vehicles to back-up or block traffic.
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