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Home My WebLink About11-06, 11-0079RESOLUTION NO. 11 -06 RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT EIGHT TENNIS COURTS ON THE GARCES MEMORIAL HIGH SCHOOL CAMPUS AND A ZONING MODIFICATION TO PERMIT A 12 -FOOT HIGH FENCE WITHIN THE 25 -FOOT REAR YARD SETBACK IN AN R -1 (ONE- FAMILY DWELLING) ZONE DISTRICT. (FILE NO. 11 -0079) WHEREAS, McIntosh & Associates filed an application with the City of Bakersfield Planning Department requesting a conditional use permit to construct eight tennis courts on the Garces Memorial High School campus and a zoning modification to permit a 12 -foot high fence within the 25- foot rear yard setback 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 WEDNESDAY, March 16, 2011, at the hour of 2:00 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. 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 15061(b)(3). 3. That Conditional Use Permit No. 11 -0079 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 Fick, the Board of Zoning Adjustment approved this resolution by the following roll call vote: AYES: Barnhard, Fick, 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 special meeting held on the 16th day of March, 2011. DATED: March 16, 2011 CITY OF BAKERSFIELD BOARD ONING ADJUSTMENT Rhonda Barnhard, Chair 2 EXHIBIT A -1 CONDITIONS OF APPROVAL Conditional Use Permit/Modification No. 11 -0079 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. 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 eight tennis courts and a 12 -foot high fence within the 25 -foot rear yard setback 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 orbe allowed occupancy. These items include conditions and /or mitigation required by previous site entitlement approvals (these will be specificali1ro 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 — Steve Ewing 661 - 326 -3677) 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. Show on the final building plan how and where water will be drained from the property. Show on the final building plan pedestrian access from the public way and handicap parking. Private streets are not the public way. 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. 11 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. 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. 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). A minimum of six trees (minimum 15- gallon) shall be planted and maintained along the project site's Union Avenue frontage between court #6 and the outfield fence of the softball field to the north. (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.) 3. 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). 4. 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. 5. 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). 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 5 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. 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) 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. G9 v C J� C \ I® ` C� LL F- LU w \ \ z z 0 v �a ViSIA VIIV ►�, 00 N Lo Ud p N Q ~ f- ija VIS31S tj 0 J�( r `• 1 I Its, k �u J MONTE VISTA DRIVE r a<kll�y �� Fi�1FE'r�'4f�efli{•'yr4,n?.42 a- +r!`a'.af'tSr��a.�w, i \'SJ.r i ♦7 .yMr"��YiIN Ye�y(. 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