HomeMy WebLinkAbout10-09, 10-0113RESOLUTION NO. 10 -09
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMITTO
CONSTRUCT AN AQUATIC FACILITY AND TO ELIMINATE 22 PARKING
STALLS ON THE GARCES MEMORIAL HIGH SCHOOL CAMPUS IN AN
R -1 (ONE- FAMILY DWELLING) ZONE DISTRICT. (FILE NO. 10 -0113)
WHEREAS, Ordiz Melby Architects filed an application with the City of Bakersfield Planning
Department requesting a conditional use permit to construct an aquatic facility and to eliminate 22
parking stalls on the Garces Memorial High School campus. The proposal is located at 2800 Loma
Linda Drive and is within an R -1 (One - Family Dwelling) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, April 13,
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 15061(b)(3); 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 exempt from CEQA
under Section 15061(b)(3), because the project does not have the potential to cause a
significant effect on the environment.
3. The proposed use is desirable to the public convenience and welfare.
4. The proposed use is in harmony with the goals, objectives and policies of the
Metropolitan Bakersfield General Plan.
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 the proposed is a project that it is exempt from CEQA under Section 15061(b)(3).
3. That Conditional Use Permit No. 10 -0113 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, Lee, Underwood
NOES:
ABSENT:
HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Board of
Zoning Adjustment of the City of Bakersfield at a regular meeting held on the 13th day of April, 2010.
DATED: April 13, 2010
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
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CONDITIONS OF APPROVAL.
Conditional Use Permit No. 10 -0113
I. 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. Any permit 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 any way 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.
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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 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 allows for the construction of an aquatic facility and the elimination
of 22 parking stalls on the Garces Memorial High School campus at 2800 Loma Linda Drive
within an R -1 (One - Family Dwelling) zone district.
III. 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)
Prior to review of improvement plans by the City, the developer shall submit a grading
plan for the proposed site to be reviewed and approved by the City Engineer and
Building Official (Bakersfield Municipal Code Section 16.44.010). With the grading
plan, if the project is subject to the provisions of the National Pollutant Discharge
Elimination System (NPDES), a Notice of Intent (NOI) to comply with the terms of the
General Permit to Discharge Storm Water Associated with Construction Activity (WQ
Order No. 99- 08 -DWQ) must be filed with the State Water Resources Control Board in
Sacramento before the beginning of any construction activity. Compliance with the
general permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be
prepared, continuously carried out, and always be available for public inspection during
normal construction hours.
2. 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.
3. The developer shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA, 93301; PH 661 -862-
8700) for any public pool or related facility before building permits can be issued.
Disabled access to any public pool and related facility shall comply with Title 24 of the
California Building Code.
4. The Building Division will calculate and collect the appropriate school district impact fee
at the time they issue a building permit.
5. 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
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curbs or railings.
B. DEVELOPMENT SERVICES — PLANNING (Staff contact — Paul Hellman 661- 326 -3733)
The minimum parking required for the Garces Memorial High School campus shall be
468 off - street spaces. No additional facilities shall be constructed and no increase in
enrollment beyond 900 students shall be permitted without prior approval of an
amendment to this conditional use permit.
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. 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.)
6. 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 comply with the Sign Ordinance (Chapter 17.60 of the Bakersfield
Municipal Code).
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7. 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 $2,145 per gross acres, payable to the City of
Bakersfield (submit to the Planning Division). This fee must be paid before any grading
or other site disturbance occurs.
Forms and instructions are available at the Planning Division or on the city's web site at
www.bakersfieldcity.us (go to Development Services Department).
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in
year 2014. Projects may be issued an urban development permit, grading plan
approval, or building permit and pay fees prior to the 2014 expiration date under the
current MBHCP. As determined by the City of Bakersfield, only projects ready to be
issued an urban development permit, grading plan approval or building permit) before
the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early
payment or pre - payment of MBHCP fees shall not be allowed. The ability of the City to
issue urban development permits is governed by the terms of the MBHCP. Urban
development permits issued after the 2014 expiration date may be subject to a new or
revised Habitat Conservation Plan, if approved, or be required to comply directly with
requests of the U.S. Fish and Wildlife Agency and the California Fish and Game
Department.
8. Prior to ground disturbance, the developer shall have a qualified consultant survey the
location for burrowing owls, and comply with the provisions of the Migratory Bird Treaty
Act (META) of 1918 (16 U.S.C. 703 -711). Survey protocol shall be that recommended
by the State Department of Fish and Game. Developers shall be subject to the
mitigation measure recommended by the consultant. A copy of the survey shall be
provided to the Planning Department prior to ground disturbance.
The burrowing owl is a migratory bird species protected by international treaty under the
Migratory Bird Treat Act (MBTA) of 1918 (16 U.S.C. 703 -711). The MBTA makes it
unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50
C.F.R. Part 10 including feathers or other parts, nests, eggs, or products, except as
allowed: by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800
of the California Department of Fish and Game Code prohibit the taking, possession, or
destruction of birds, their nests or eggs. To avoid violation of the provisions of these
laws generally requires that project related disturbance at active nesting territories be
reduces or eliminated during critical phases of the nesting cycle (March 1- August 15,
annually). Disturbance that causes nest abandonment and /or loss of reproductive
effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is
potentially punishable by fines and /or imprisonment.
9. Prior to ground disturbance, the developer shall have a qualified consultant survey the
location for kit fox, and comply with the provisions of the Metropolitan Bakersfield
Habitat Conservation Plan. Survey protocol shall be recommended by the State
Department of Fish and Game. Developer shall be subject to the mitigation measures
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recommended by the consultant. A copy of the survey shall be provided to the
Planning Department prior to ground disturbance.
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in
year 1014. Projects may be issued an urban development permit, grading plan
approval, or building permit and pay fees prior to the 2014 expiration date under the
current MBHCP. As determined by the City of Bakersfield, only projects ready to be
issued an urban development permit, grading plan approval or building permit, before
the 2014 expiration date, will be eligible to pay fees under the current MBHCP. Urban
development permits issued after the 2014 expiration date may be subject to a new or
revised Habitat Conservation Plan, if approved, or be required to comply directly with
requests of the U.S. Fish and Wildlife Agency and the California Fish and Game
Department.
10. 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.
11. Open storage of materials and equipment shall be surrounded and screened with a
solid wall or fence (screening also applies to gates). This fence shall be at least 6 feet
in height and materials shall not be stacked above the height of the fence. (Note:
Fences taller than 6 feet are allowed in commercial and industrial zones but they will
require a building permit).
12. Areas used for outside storage, shall be treated with a permanent dust binder or other
permanent dust control measure consistent with the regulations of the San Joaquin
Valley Air Pollution Control District. (Note: All passenger vehicle parking areas must
be paved).
13. 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.
14. 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).
15. 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.
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C. FIRE DEPARTMENT (Staff contact — Dave Weirather 661- 326 -3706)
The developer shall show on the final building plans a minimum 20 -foot wide all -
weather emergency access with an overhead clearance of 13 feet 6 inches within 150
feet of all buildings on the project site. The Fire Department must approve the final
location and design of the access prior to building permits being issued. This access
shall be constructed before building occupancy will be granted.
2. 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.
3. 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 at 661 -326-
3979 for further information.
4. 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.
5. 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 a t 661 -326-
3979 for further information.
D. PUBLIC WORDS — ENGINEERING (Staff contact — George Gillburg 661- 326 -3997)
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.
2. Show on the final building plans all existing connection(s) to the public sewer system.
3. 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 the
Building Division.
4. 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 Wastewater Treatment
Superintendent at 661- 326 -3249.
5. 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.
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. The developer shall form a new maintenance district.
8. 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.
9. 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.
10. 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.
11. 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-
E. PUBLIC WORDS — TRAFFIC (Staff contact — George Gillburg 661- 326 -3997)
The drive aisle connecting the two aisles of parking immediately north of the aquatic
facility shall be a minimum of 12 feet in width; clearly show the dimension of this drive
aisle on the final plans.
F. PUBLIC WORDS — SOLID WASTE (Staff contact — John Wilburn 661- 326 -3114)
Existing and proposed facility refuse needs are provided by the existing compactor for
site; therefore, no additional solid waste facilities will be required.
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