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HomeMy WebLinkAbout10-41, 10-0547RESOLUTION NO. 10 -41 RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT 3,891 SQUARE FOOT DRIVE - THROUGH RESTAURANT IN A C -1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT. (FILE NO. 10 -0547) WHEREAS, McDonald's USA, LLC filed an application with the City of Bakersfield Planning Department requesting a conditional use permit to construct a 3,891 square foot drive - through restaurant. The proposal is located at 1607 Panama Lane and is within a C -1 (Neighborhood Commercial) 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 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 -0547 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 BOARD OF ZONING ADJUSTMENT 6;iw �A_ !/lJ • it Rhonda Barnhard, Chair 2 EXHIBIT A -1 CONDITIONS OF APPROVAL Conditional Use Permit No. 10 -0547 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. 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 allows for the construction of a 3,891 square foot drive - through restaurant in a C -1 (Neighborhood Commercial) zone district at 1607 Panama Lane. 3. The project shall comply with all conditions of approval of Site Plan Review No. 06 -1768, or any subsequent Site Plan Review approval granted by the City of Bakersfield for the subject shopping center. 4. The speakerboards for the drive - through restaurant shall be directed to the south. 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. 3. 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 11 used for commercial or industrial purposes. 4. Include with or show on the final building plans information necessary to verify that the project complies with all disability requirements of Title 24 of the California Building Code. 5. 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 food handling facility, (ie: market, delicatessen, cafe, concession, restaurant) before building permits can be issued. 6. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. 7. 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) The minimum parking required for this project has been computed based on use and shall be as follows: (Note: 522 parking spaces are shown on the proposed site plan. 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 5 Square Parking Required Use Footage Ratio Parkinq Retail center (up to 35,000 sq. ft.) 35,000 1 space /200 sq. ft. 175 Retail center (in excess of 35,000 sq. ft.) 67,980 1 space /250 sq. ft. 272 Drive - through restaurant 3,891 1 space /75 sq. ft. 52 Drive - through credit: Total Required: 497 (Note: 522 parking spaces are shown on the proposed site plan. 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 5 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. 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. 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. 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). 8. 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. 9. 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 areas for restaurants). 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 N$ 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) 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: Ail 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 WORKS — 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. All on -site areas required to be paved (ie. Parking lots, access drives, loading areas, etc.) shall consist of concrete, asphaltic concrete (Type B. A. C.) or other paved street material approved by the City Engineer. Pavement shall be a minimum thickness of 2 inches over 3 inches of approved base material (ie. Class II A. B.). if concrete is used, it shall be a minimum thickness of 4 inches per Municipal Code Section 17.58.060, paragraph A. This paving standard shall be noted on the final building plans submitted to the Building Division before any building permits will be issued. 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 7 E. F. 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 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. 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. 9. The developer shall form a new maintenance district. 10. 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. 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 E:3 3. Id E checked below Q. Before occupancy of the building or site is allowed, four 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) ❑ 8' deep x 10' wide (2 bins) Q 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). Show on the final building plans one 6 -foot by 8 -foot (inside dimension) recycling bin location. 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. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. 9 F- 73 L.J.. ^- w 0 ��O ' U) Z _® F— z 0 U AVAA SNOS'c]Vd w 00 fy C15, 7dNCO QNV7S1 Nd33f --* �M co �w Q w J 2 Q 2 LL- N W ti N N U O H Z J Q Q z a 0 Vim' o LU co N z N IL Cd O Cl) I- 0 1NIOd a: N U R, 1SHS N U La e e� LU CL LU El r I/ LJ a LL Q W EL Q Q Y Ury CO Q w w co Q w CONDITIONAL. USE PERMIT 10 -0547 - - PANAMA LANE (E) L4NDSCA.PE � o Tsr i J I� �Y } if ff}}V ? ! W i � I ( J cae or LEASE LINE �oi.�u�' accra z la t� t t IZ IJ t:J t � W t J rq M