HomeMy WebLinkAbout10-10, 10-0125RESOLUTION NO. 10 -10
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT TO
CONSTRUCT A 9,500 SQUARE FOOT MULTI - TENANT COMMERCIAL
BUILDING TO ACCOMMODATE A 5,700 SQUARE FOOT RETAIL
JEWELRY STORE AND 3,800 SQUARE FEET OF OFFICE SPACE IN A
C -O (PROFESSIONAL AND ADMINISTRATIVE OFFICE) ZONE
DISTRICT. (FILE NO. 10 -0125)
WHEREAS, American Jewelry Co. filed an application with the City of Bakersfield Planning
Department requesting a conditional use permit to construct a 9,500 square foot multi - tenant
commercial building to accommodate a 5,700 square foot retail jewelry store and 3,800 square feet of
office space. The proposal is located at 9450 Ming Avenue and is within a C -O (Professional and
Administrative Office) 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..
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 -0125 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:
I 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
(zalwo, 4''W�
Darnell Haynes, Ch it
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EXHIBIT A -1
CONDITIONS OF APPROVAL
Conditional Use Permit No. 10 -0125
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. 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.
11. 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
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 a 9,500 square foot multi- tenant
commercial building to accommodate a 5,700 square foot retail jewelry store and 3,800 square
feet of general or medical office space at 9450 Ming Avenue within a C -O (Professional and
Administrative Office) zone district. For the purposes of this permit, a retail jewelry store is
defined as a business engaged in selling new jewelry, gemstones, watches, and other similar
merchandise, including maintenance and repair services for such merchandise, to the general
public for personal or household use; used merchandise may comprise no more than 10
percent of the total merchandise on display at any given time. Regardless of the type of
merchandise for sale, pawnshops shall not be operated at this location.
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. 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.
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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
curbs or railings.
DEVELOPMENT SERVICES — PLANNING (Staff contact — Paul Hellman 661- 326 -3733)
The minimum parking required for this project has been computed based on use and
shall be as follows:
Square parking Required
Use Footage Ratio Parking
Retail jewelry store 5,700 1 space /300 sq. ft. 19 spaces
General /medical office 3,800 1 space /200 sq. ft. 19 spaces
Total Required: 38 spaces
(Note: 33 on -site parking spaces are shown on the proposed site plan; the additional
required parking is available through reciprocal parking within the complex. 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. 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. 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. Because parking and /or access is being shared with adjacent properties, the developer
shall file with the Planning Division before any building permits are issued a copy of a
recorded map, C. C and R.'s, or other instrument that ensures that drive aisles, parking,
and access is legally shared in common with adjoining properties as depicted on the
site plan for the life of the project.
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6. 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.)
7. Internal building unit addresses will be only by suite number and will be the
responsibility of the owner or developer to assign to each tenant.
(It is recommended that you assign suite numbers beginning with 100, 200, 300 etc.
instead of an alphabetic character. If in the future a tenant space were split, you would
then be able to assign a suite number between the existing numbers, which would keep
your suites in numerical order. Keeping an orderly numbering system will make it
easier for customers, emergency personnel, and mail delivery to find the business).
8. 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).
9. 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
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requests of the U.S. Fish and Wildlife Agency and the California Fish and Game
Department.
10. 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.
11. 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
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.
12. 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.
13. Outside work, storage, sales and display of merchandise and materials is prohibited.
All activities and all storage of merchandise and materials shall be conducted and /or
contained within an enclosed building. (Note: This does not include outdoor seating
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areas for restaurants).
14. 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.
15. 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).
16. 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)
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.)
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.
D. PUBLIC WORDS — ENGINEERING (Staff contact — George Gillburg 661 -326 -3997)
1. 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. 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 11 A. B.). This paving
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standard shall be noted on the final building plans submitted to the Building Division
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 the
Building Division.
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 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.
7. 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.
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.
PUBLIC WORKS — TRAFFIC (Staff contact — George Gillburg 661- 326 -3997)
Two -way drive aisles shall be a minimum width of 24 feet. If perpendicular (900)
parking spaces are proposed where a vehicle must back into these aisles, the minimum
aisle width shall be 25 feet. All drive aisle dimension shall be shown on the final
building plans.
2. Show the typical parking stall dimension on the final building plans (minimum stall size
is 9 feet x 18 feet).
PUBLIC WORDS — 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
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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 #ST25 A and B), at the size
checked below CSI. 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)
21 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
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. Refuse enclosures must open directly onto drive aisles in order to facilitate access to
the containers without the need to maneuver containers around gates or parking stalls.
The proposed refuse enclosure must be rotated or relocated to the satisfaction of the
Solid Waste Division.
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