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HomeMy WebLinkAbout11-07, 11-0050RESOLUTION NO. 11 -07 RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A 9,950 SQUARE FOOT MEDICAL CLINIC IN AN A (AGRICULTURAL) ZONE DISTRICT. (FILE NO. 11-0050) WHEREAS, KSA Group Architects filed an application with the City of Bakersfield Planning Department requesting a conditional use permit to construct a 9,950 square foot medical clinic. The proposal is located at 9001 S. H Street and is in an A (Agricultural) zone district; and WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, March 8, 2011, 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 the Board continued this item to their March 16, 2011 and April 12, 2011 meetings; and WHEREAS, a public hearing was held before the Board of Zoning Adjustment on said dates, and testimony was received only in support 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 result in 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 various elements and objectives of the Metropolitan Bakersfield General Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. That the proposed project is exempt from CEQA under Section 15061(b) (3). 3. That Conditional Use Permit No. 11 -0050 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, 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 regular meeting held on the 12th day of April, 2011. DATED: April 12, 2011 CITY OF BAKERSFIELD BOARD OF ZONING ADJUSTMENT Rhonda Barnhard, dhair -2- EXHIBIT A -1 CONDITIONS OF APPROVAL Conditional Use Permit No. 11 -0050 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 -3- 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 allows for the construction of a 9,950 square foot medical clinic in an A (Agricultural) zone district at 9001 S. H Street. 3. Final architectural elevations for the proposed building shall substantially conform to those contained in the exhibits to the BZA resolution to the satisfaction of the Planning Director. 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 ►glans or completed before a building permit is issued. Each has been grouped by department so that you know whom to contact N 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. so 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. Buildings or structures exceeding 10,000 square feet in area shall require installation of an automatic fire sprinkler system. 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 Heilman 661 - 326 -3733) 1. The minimum parking required for this project has been computed based on use and shall be as follows: Square Parking Required Use Footage Ratio Parkina Medical office 9,950 sq. ft. 1 space /200 sq. ft. 50 spaces (Note: 53 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 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- 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). 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 (MBTA) 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 M 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 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. 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. 12. In the event a previously undocumented oil /gas well is uncovered or discovered on the project, the developer is responsible to contact the Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR). The developer is responsible for any remedial operations on the well required by DOGGR. The developer shall also be subject to provisions of BMC Section -7- �� 13. 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). 14. 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.) b. All fire sprinkler and /or stand pipe systems fire alarms and commercial hood systems. These suppression systems require review and permits by the Fire Department. The Fire Department will issue guidelines for these various items as they may apply to this project. 2. The developer must request an inspection of any underground sprinkler feeds at least 24 hours before they are buried. The Prevention Services Division (1501 Truxtun Avenue, Bakersfield CA, Ph. 661/326-3979) must complete all on -site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. 3. 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. 4. 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 -8- 661 - 326 -3979 for further information. 5. 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. 6. 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 WORKS ® ENGINEERING (Staff contact e George Glllburg 661 -326 -3997) The developer shall install one streetlight along S. H Street. The developer shall be responsible for providing the labor and materials necessary to energize all newly installed streetlights before occupancy of the building or site. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. 2. The developer shall install new connections) 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. 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 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. 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. 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. 6. 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. 0 7. 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. 8. 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. 9. 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. 10. The developer shall either construct the equivalent full width landscaped median island in S. H Street along the development's frontage or pay their proportionate share (1 /2- width) of the total cost for the future construction of the median. Median islands shall be designed by the first development that occurs along an applicable street frontage. That developer shall either construct the full width landscaped median island or pay the median island fee. The median island fee shall be satisfied by fulfilling one of the following options: (1) Pay the standard fee of $100 per linear foot; or (2) Pay the calculated fee based upon actual cost estimates prepared by the Project Engineer, which shall be reviewed and approved by the City Engineer. If the median island is not constructed by the first development along an applicable street frontage, the second development along that street frontage shall construct the full width landscaped median island. 11. The developer shall form a new maintenance district. 12. The developer shall dedicate additional road right -of -way to the City of Bakersfield along S. H Street to full arterial street width according to adopted city standards, providing for future expanded intersection at McKee Road, and shall construct new roadway, curb, gutter and sidewalk to City Standards, matching the flowline to the north of the project site. 13. 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. 14. 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. 15. 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. 16. 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. -10- 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 necessa[y 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 checked below Q. Before occupancy of the building or site is allowed, two 3- cubic yard front loading type refuse bins shall be placed within the required enclosure. ❑ 6' deep x 8' wide (1 bin) ❑ 8' deep x 15' wide (3 bins) Q 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. LO 0 1 T T F— w n W C/ z 0 r) z 0 U [C w C9 CC rc m CC r) Ir w w Y U 0 rr w W Y U W LLI W 1S W Q Y Q O 0 0 v 0 z a« N Li 0 W 00 N cr r! 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