HomeMy WebLinkAbout10-39, 10-0540RESOLUTION NO. 10 -39
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT TO
CONSTRUCT A PARKING LOT FOR AN EXISTING CHURCH AND A
ZONING MODIFICATION TO WAIVE THE REQUIREMENT TO
CONSTRUCT A SIX -FOOT TALL MASONRY WALL ADJACENT TO
RESIDENTIALLY ZONED PROPERTY IN AN R -3 (MULTIPLE- FAMILY
DWELLING) ZONE DISTRICT. (FILE NO. 10 -0540)
WHEREAS, Summit Engineering filed an application with the City of Bakersfield Planning
Department requesting a conditional use permit to construct a parking lot for an existing church and a
zoning modification to waive the requirement to construct a six -foot tall masonry wall adjacent to
residentially zoned property. The proposal is located at 807 and 819 Eye Street and is in an R -3
(Multiple - Family Dwelling) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, December
14, 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 15311; 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 15311, because the project consists of the construction of a small
parking lot appurtenant to an existing church.
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 an appropriate use on the
subject property and would not be materially detrimental to the public welfare, nor
injurious to the properties in the vicinity of 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 the proposed is a project that it is exempt from CEQA under Section 15311.
3. That Conditional Use Permit/Modification No. 10 -0540 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: Barnhard, Burns, 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 14th day of December,
2010.
DATED: December 14, 2010
CITY OF BAKERSFIELD
BOA ONING ADJUSTMENT
A�
Rhonda Barnhard, C, air
2
EXHIBIT A -1
CONDITIONS OF APPROVAL
Conditional Use Permit/Modification No. 10 -0540
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.
Il. 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.
3
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/modification allows for the construction of a parking lot for an existing
church at 819 Eye Street and waives the requirement to construct a six -foot tall masonry wall
along the southern perimeter of the parking lot adjacent to residentially zoned property at 807
Eye Street in an R -3 (Multiple - 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. A grading permit 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 permit is approved by the Building Division, Planning Division (HCP), and
Public Works Department.
B. DEVELOPMENT SERVICES — PLANN[NG (Staff contact— Paul Hellman 661 - 326 -3733)
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.
In
2. 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.).
3. 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.
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. 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.
6. 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).
7. 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)
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 southwest corner of Eye
Street and the alley along the northern boundary of the site 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. 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.
3. 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.
4. 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.
5. 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.
6. The developer shall form a new maintenance district.
7. 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.
E. 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:
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• 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 Q. 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).
0 6' deep x 8' wide (1 bin) ❑ 8' deep x 15' wide (3 bins)
❑ 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. Show on the final building plans one 6 -foot by 8 -foot (inside dimension) recycling bin
location.
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.
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