HomeMy WebLinkAbout10-05, 09-0872RESOLUTION NO. 10 -05
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT
FOR OUTDOOR FOOD PREPARATION AND A ZONING MODIFICATION
FOR A 940 SQUARE FOOT RETAIL BUILDING ADDITION ABUTTING
RESIDENTIALLY ZONED PROPERTY WITH NO SIDE YARD SETBACK,
WHERE THE MINIMUM REQUIRED SETBACK IS 20 FEET. (FILE NO.
09 -0872)
WHEREAS, Manuel Lerma filed an application with the City of Bakersfield Planning
Department requesting a conditional use permit for outdoor food preparation and a zoning modification
for a 940 square foot retail building addition abutting residentially zoned property with no side yard
setback, where the minimum required setback is 20 feet. The proposal is located at 1631 Beale
Avenue and is within a C -1 (Neighborhood Commercial) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, February 9,
2010, at the hour of 3:00 p.m. in Conference Room A of City Hall North, 1600 Truxtun Avenue,
Bakersfield, California, as the time and place for a public hearing before them on the proposal, and
notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal
Code; and
WHEREAS, a public hearing was held before the Board of Zoning Adjustment on said date,
and no testimony was received either in support or opposition of the project; and
WHEREAS, the laws and regulations relating to the California Environmental Quality Act
(CEQA) and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by
city staff and the Board of Zoning Adjustment; and
WHEREAS, the above described project is exempt from the requirements of CEQA in
accordance with Section 15301; and
WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue, Bakersfield,
California) is the custodian of all documents and other materials upon which approval of the
environmental determination is based; and
WHEREAS, the facts presented in the staff report, initial study, and evidence received both in
writing and by verbal testimony at the above referenced public hearing(s), support the findings
contained in this resolution; and
WHEREAS, at the above mentioned public hearing(s), the proposal was heard and all facts,
testimony and evidence was considered by the Board of Zoning Adjustment, and they made the
following findings regarding the proposed project:
1. All required public notices have been given. Hearing notices regarding the proposed
project were mailed to property owners within 300 feet of the project area and published
in a local newspaper of general circulation 10 days prior to the hearing.
2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures
have been followed. Staff determined that the proposed project is Categorically
Exempt from CEQA under Section 15301, because the project consists of a minor
addition to an existing structure and involves the negligible expansion of an existing
use.
3. The proposed use is desirable to the public convenience.
4. The proposed use is in harmony with the various elements and objectives of the
Metropolitan Bakersfield General Plan.
5. The granting of the modification will not be materially detrimental to the public welfare,
nor injurious to the property or improvements in the zone or vicinity in which the subject
property is located.
6. The granting of the modification is necessary to permit appropriate improvements on
the subject property.
7. The granting of the proposed modification would not be inconsistent with the purposes
and intent of the Bakersfield Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT
OF THE CITY OF BAKERSFIELD as follows:
That the above recitals, incorporated herein, are true and correct.
2. That this project is exempt from the requirements of CEQA.
3. That Conditional Use Permit No. 09 -0872 as described in this resolution, is hereby
approved subject to the conditions of approval and any mitigation measures as
contained in Exhibit "A -1 ".
On a motion by Board Member Underwood, the Board of Zoning Adjustment approved this
resolution by the following roll call vote:
AYES: Haynes, Underwood
NOES:
ABSENT:
RECUSED: Lee
I HEREBY CERTIFY that the foregoing resolution was passed and adopted bythe Board of
Zoning Adjustment of the City of Bakersfield at a regular meeting held on the 9th day of February,
2010.
DATED: February 9, 2010
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
Oarnell Haynes, Chair"
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EXHIBIT A -1
CONDITIONS OF APPROVAL
Conditional Use Pennit/Modification No. 09 -0872
1. 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 approval, and
other required permits and approvals. All 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 will not be effective until ten (10) days after the date upon which it is
granted by the BZA to allow for appeal to the City Council. Anypermit or license for
any approval granted shall not be issued until that effective date.
• This approval shall automatically be null and void two (2) years 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.
• 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.
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:
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 harmless 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 anyway
arising from, the terms and provisions of this application, including without 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 of this condition apply
regardless of whether any other permits or entitlements are issued.
The Citywill 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 attorney 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 attorney chosen by another entity or party.
2. This conditional use permit and zoning modification allow for outdoor food preparation
and a 940 square foot retail building addition abutting residentially zoned property with
no side yard setback, where the minimum required setback is 20 feet, at 1631 Beale
Avenue within a C -1 (Neighborhood Commercial) zone district. The building addition
shall not contain any windows which face the abutting residentially zoned property.
111. The following are specific items that you need to resolve before you can obtain a
building permit or be allowed occupancy. These items include conditions and /or
mitigation required by previous site entitlement approvals (these will be specifically
noted), changes or additions that need to be shown on the final building plans, alert
you to specific fees, and other conditions for your project to satisfy the City's
development standards. The item will usually need to be shown on the final building
plans or completed before a building permit is issued. Each has been grouped by
department so that you know whom to contact if you have questions.
A. DEVELOPMENT SERVICES — BUILDING (Staff contact — Mark Fick 661- 326 -3437)
Show on the final building plan how and where water will be drained from the property.
Show on the final building plan pedestrian access from the public way and handicap
parking. Private streets are not the public way.
2. The developer shall include fire resistive wall construction details with the final building
plans for all exterior walls of any building that is within 5 feet of property lines if used for
residential purposes, or if the distance between the exterior walls and the property lines
are within the distances set forth in Table 602 of the 2007 California Building code if
used for commercial or industrial purposes.
3. 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 California Building
Code.
4. The developer shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA., 93301; PH 669 -862-
8700) for any food handling facility, (ie: market, delicatessen, caf6, concession,
restaurant) before building permits can be issued.
5. The Building Division will calculate and collect the appropriate school district impact fee
at the time they issue a building permit.
6. Final Building plans shall show pedestrian access pathways or easements for persons
with disabilities from public rights -of -ways 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.
B. DEVELOPMENT SERVICES — PLANNING (Staff contact — Paul Hellman 661- 326 -3733)
1. The minimum parking required for this project has been computed based on use and
shall be as follows:
0
Square Parking Required
Use Footage Ratio Parking
Grocery store 3,964 sq. ft. 1 space /300 sq. ft. 13 spaces
(Note: 33 parking spaces are shown on the proposed site plan. A minimum of two
handicap stalls are required. By ordinance, compact and tandem spaces cannot be
counted toward meeting minimum parking requirements.)
2. Minimum parking stall dimensions shall be 9 -feet wide by 18 -feet long. Vehicles may
hang over landscape areas no more than 2 -1/2 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 another 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 17.58.060 A.).
4. Lighting is required for all parking lots, except residential lots with four units or less
(Section 17.58.060 A.). Illumination 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 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 40 feet above
grade. However, light standards placed less than 50 feet from residentially zoned or
designated property, or from existing residential development, shall not exceed a height
of 15 feet. 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 if they negatively affect adjacent properties.
5. A solid masonry wall shall be constructed adjacent to residentially zoned property. This
wall must be shown on the final building plans and shall be constructed a minimum
height of 6 feet as measured from the highest adjacent finished property grade, with the
exception of that portion of the wall situated within the 10 -foot setback along Flower
Street.
6. Our records show that the project is contained on more than one parcel. These parcels
shall be merged into one parcel because parking must be on the same site as the
project (Section 17.58.010B of the B.M.C.), building setbacks cannot be met based on
the design layout, and /or a parcel line bisects a building. A parcel merger or lot line
adjustment application removing or relocating property lines shall be submitted to the
Planning Division before building permits can be issued. Recordation of the map shall
occur before final building or site occupancy can be granted. If our records are in error
and these parcels have been merged, please provide a copy of the parcel map,
subdivision map, or certificate of compliance showing the property as one parcel.
(Note: An Assessor's map is not acceptable since it is only for tax purposes and does
not verify legal parcel status).
7. Business identification signs are neither considered nor approved under this review.
A separate sign permit, reviewed by the Planning and Building Divisions and issued by
the Building Division, is required for all new signs, including future use and construction
signs. Signs must complywith the Sign Ordinance (Chapter 17.60 of the Bakersfield
Municipal Code).
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8. Existing signage painted on and attached to the masonry wall and chain link fencing
along the eastern boundary of the subject property shall be removed.
9. Rooftop areas of commercial buildings (e.g., office, retail, restaurant, assembly, hotel,
hospital, church, school), and industrial buildings adjacent to residentially zoned
properties, shall be completely screened by parapets or other finished architectural
features constructed to a height of the highest equipment, unfinished structural element
or unfinished architectural feature of the building.
10. Refuse collection bin enclosures and container areas are subject to all required
structural setback from street frontages, and shall not reduce any parking, loading or
landscaping areas as required by the Zoning Ordinance.
11. The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control
District (Regulation VIII) concerning dust suppression during construction of the project.
Methods include, but are not limited to; use of water or chemical
stabilizer /suppressants to control dust emission from disturbed area, stock piles, and
access ways; covering or wetting materials that are transported off -site; limit
construction - related speed 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).
12. 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 a building or site occupancy.
C. FIRE DEPARTMENT (Staff contact — Dave Weirather 661- 326 -3706)
All access (permanent and temporary) to and around any building under construction
must be at least 20 feet wide, contain no vehicle obstruction, and be graded to prevent
standing water. Barricades must be in place where ditches and barriers exist in or
cross roadways. Emergency vehicle access must always be reliable.
D. PUBLIC WORKS — ENGINEERING (Staff contact — George Gillburg 661- 326 -3997)
The developer shall construct standard handicap ramps at the northeast comer of
Beale Avenue and the alley south of the subject property 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. Show on the final building plans all existing connection(s) to the public sewer system.
4. 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 citystandards 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.
E.
5. 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 you apply for this
permit.
6. A sewer connection fee shall be paid at the time a building permit is issued. We will
base this fee at the rate in effect at the time a building permit is issued.
7. A transportation impact fee for regional facilities shall be paid at the time a building
permit is issued, or if no building permit 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.
8. The developer shall form a new maintenance district.
9. All storm 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 661- 326 -3576.
10. This project may be located within a Planned Sewer Area. Please contact the Public
Works Department — Subdivisions at 661- 326 -3576 to determine what fees may apply.
11. This project may be located within a Planned Drainage Area. Please contact the Public
Department — Subdivisions at 661- 326 -3576 to determine what fees may apply.
12. This project may be subject to Bridge and Major Thoroughfare fees. Please contact the
Public Works Department — Subdivisions at 661- 326 -3576 to determine what fees may
apply.
PUBLIC WORKS — SOLID WASTE (Staff contact — John Wilburn 661 -326 -3114)
You must contact the staff person noted above before building permits can be
issued or work begins on the property to establish the level and type of service
necessary for the collection of refuse and /or recycled 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 -- 1 cubic yard /week or less 1 time per week
• Front loader bin services -- 1 cubic yard /week -12 cubic yards /day
• Roll -off compactor service -- More than 12 cubic yards /day
2. Show on the final building plans refuse bin enclosures. Each enclosure shall be
designed according to adopted city standard (Detail #ST25 A and B), at the size
checked below 0. Before occupancy of the building or site is allowed, two 3 cubic yard
front loading type refuse bin(s) shall be placed within the required enclosure(s).
❑ 6' deep x 8' wide (1 bin) ❑ 8' deep x 15' wide (3 bins)
R1 8' deep x 10' wide (2 bins) ❑ 8' deep x 20' wide (4 bins)
NOTE: All measurements above are curb -to -curb dimensions inside the
enclosure. 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
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containers /bins (contact the staff person above for the appropriate enclosure size).
3. Facilities that require infectious waste services shall obtain approval for separate
infectious waste storage areas from the Kern County Health Department. In no
instances shall the refuse bin area be used for infectious waste containment purposes.
4. 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.
5. Facilities that participate in recycling operations must provide a location that is separate
from the refuse containment area.
6. Facilities with existing refuse service must improve the service location area(s) to
current adopted city standards (in accordance with Detail #ST25 A and B). These
improvements shall be clearly shown on the final building plans.
7. The refuse enclosure opening must be rotated 90 degrees to the south to face the
alley.
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