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HomeMy WebLinkAbout11-17, 11-0210RESOLUTION NO.I 11 -17 RESOLUTION OF THE BOARD OF ZONING OF BAKERSFIELD APPROVING A CONDI' CONSTRUCT NEW CLASSROOM BUILDIN SQUARE FEET FOR AN EXISTING PRIVATE (GENERAL MANUFACTURING) ZONE DIS WHEREAS, Richard Pratt filed an application w Department requesting a conditional use permit to c 59,000 square feet for an existing private school. The Lane and is in an M -2 (General Manufacturing) zone WHEREAS, the Board of Zoning Adjustment, thr 2011, at the hour of 3:00 p.m. in Conference Room A Bakersfield, California, as the time and place for a PL proposal, and notice of the public hearing was giver Bakersfield Municipal Code; and the Board continue August 9, 2011 public hearings; and WHEREAS, a public hearing was held before t dates, and no testimony was received either in supp WHEREAS, the laws and regulations relating to (CEQA) and the City of Bakersfield's CEQA Implemer followed by city staff and the Board of Zoning Adjusti WHEREAS, the above described project is accordance with Section 15061(b) (3); and WHEREAS, the City of Bakersfield Planning Dep Bakersfield, California) is the custodian of all docume approval of the environmental determination is base( WHEREAS, the facts presented in the staff repo both in writing and by verbal testimony at the above findings contained in this resolution; and WHEREAS, at the above mentioned public he facts, testimony and evidence was considered by th made the following findings regarding the proposed 1. All required public notices have been g proposed project were mailed to propE area and published in a local newspap the hearing. 2. The provisions of CEQA and City of Bak, Procedures have been followed. Staff exempt from CEQA under Section 1506 have the potential to result in a significc ADJUSTMENT OF THE CITY 3NAL USE PERMIT TO �S TOTALING 59,000 CHOOL IN AN M -2 PICT. (FILE NO. 11 -0210) the City of Bakersfield Planning nstruct new classroom buildings totaling )roposal is located at 2300 E. Brundage istrict; and >ugh its Secretary, set TUESDAY, June 14, of City Hall North, 1600 Truxtun Avenue, blic hearing before them on the in the manner provided in Title 17 of the 1 this item to their July 12, 2011 and Board of Zoning Adjustment on said or opposition of the project; and )e California Environmental Quality Act )tion Procedures have been duly ent; and pt from the requirements of CEQA in tment (1715 Chester Avenue, ; and other materials upon which and , initial study, and evidence received :ferenced public hearing(s), support the 'ng(s), the proposal was heard and all Board of Zoning Adjustment, and they roiect: m. Hearing notices regarding the owners within 300 feet of the project of general circulation 10 days prior to rsfield CEQA Implementation etermined that the proposed project is (b) (3), because the project does not it effect on the environment. 1 LI The proposed use is desirable to the public convenience. The proposed use is in harmony with th Metropolitan Bakersfield General Plan. NOW, THEREFORE, BE IT RESOLVED BY THE OF BAKERSFIELD as follows: various elements and objectives of the OF ZONING ADJUSTMENT OF THE CITY 1. 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 -021 as described in this resolution, is hereby approved subject to the conditions of pproval and any mitigation measures as contained in Exhibit "B -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, Underwo NOES: ABSENT: I HEREBY CERTIFY that the foregoing resolution as passed and adopted by the Board of Zoning Adjustment of the City of Bakersfield at a re ular meeting held on the 9th day of August, 2011. DATED: August 9, 2011 CITY OF BA ERSFIELD BO OF NING ADJUSTMENT Rhonda 2 ►i� N�- EXHIBIT B -1 CONDITIONS OF APPROVAL Conditional Use Permit No. 11 -0210 I. The applicant's rights granted by this approval aro subject to the following provisions: • The project shall be in accordance with all ap roved 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 Pity Council. Any permit or license for any approval granted shall not be issued until hat 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 c but not limited to, failure to comply with conc construction or exercise the rights granted, or provision of the Bakersfield Municipal Code p approval was granted. The BZA may also cor modification of any conditions if there is suffic complaints regarding the project or that the c intended purpose. • Unless otherwise conditioned, this approval r successive owners provided all the above m Il. The following conditions shall be satisfied as part 1. In consideration by the City of Bakersfield for Ic limited to related environmental approvals relc applicant, and /or property owner and /or subc indemnify, defend, and hold harmless the City employees, departments, commissioners or be liability, claims, actions, causes of action or de of them, before administrative orjudicial tribur arising from, the terms and provisions of this ap CEQA approval or any related development c 3 ited if there is good cause, including ns of approval, complete lotion by the owner or tenant of any fining to the premises for which the E�r under the revocation addition to or t cause, including but not limited to, ditions are not adequate for the with the land and may continue under oned provisions are satisfied. the approval of this project: nd use entitlements, including but not ted to or arising from this project, the ivider ( "Applicant" herein) agrees to of Bakersfield, its officers, agents, ards ( "City" herein) against any and all hands whatsoever against them, or any als of any kind whatsoever, in any way blication, including without limitation any pprovals or conditions whether imposed by the City, or not, except for CITY'S sole This indemnification condition does not preve decision by the City related to this project an( regardless of whether any other permits or en' The City will promptly notify Applicant of any s under this condition within thirty (30) days of a( its sole discretion, shall be allowed to choose i the City at the sole cost and expense of the A use any law firm or attorney chosen by anoth( 2. This conditional use permit allows for the < totaling 59,000 square feet for an existing in an M -2 (General Manufacturing) zone enrollment shall not exceed 550 students. III. The following are specific items that you need building permit or be allowed occupancy. Thi mitigation required by previous site entitlemer noted), changes or additions that need to be you to specifc fees, and other conditions for y development standards. The item will usually department so that you know whom to A. DEVELOPMENT SERVICES - BUILDING (Staff 1. Prior to review of improvement plans by grading plan for the proposed site to bE Engineer and Building Official (Bakersfie With the grading plan, if the project is SL Pollutant Discharge Elimination System ( comply with the terms of the General PE Associated with Construction Activity (VA with the State Water Resources Control beginning of any construction activity. requires that a Storm Water Pollution PrE: continuously carried out, and always bE normal construction hours. 2. negligence or willful misconduct. t the Applicant from challenging any the obligations of this condition apply dements are issued. ch claim, action or proceeding, falling -ually receiving such claim. The City, in e attorney or outside law firm to defend plicant and the City is not obligated to entity or party. fiction of new classroom buildings school located on a church campus at 2300 E. Brundage Lane. School resolve before you can obtain a ;e items include conditions and /or approvals (these will be specifically own on the final building plans, alert ur project to satisfy the City's ssued. Each has been grouped by if you have questions. ct - Steve Ewing 661 -326 -3677) the City, the developer shall submit a reviewed and approved by the City d Municipal Code Section 16.44.010). Dject to the provisions of the National 4PDES), a Notice of Intent (NOI) to rmit to Discharge Storm Water :) Order No. 99- 08 -DWQ) must be filed ,oard in Sacramento before the 'ompliance with the general permit iention Plan (SWPPP) be prepared, available for public inspection during 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 reports all 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 th grading permit is approved by the ii 3. 9 In 0 7 Building Division, Planning Division (HCP� The developer shall include fire resistive building plans for all exterior walls of am forth in Table 602 of the California Buil& Include with or show on the final buildir that the project complies with all disabi California Building Code. , and Public Works Department. Nall construction details with the final building that is within the distance as set ig Code. plans information necessary to verify requirements of Title 24 of the Buildings or structures exceeding 10,000 square feet in area shall require installation of an automatic fire sprinkle system. The Building Division will calculate and impact fee at the time they issue a bui Final Building plans shall show pedestria persons with disabilities from public right buildings, facilities, elements, and spac( Building Code. These pedestrian acces lanes unless separated by curbs or railin B. DEVELOPMENT SERVICES - PLANNING (Staff 17 3. Ell Based upon the current 2,500 -seat cap( minimum parking requirement for the cl the event sanctuary seating capacity is parking at a ratio of one space per four satisfaction of the Planning Director. Minimum parking stall dimensions shall k may hang over landscape areas no me setbacks along street frontages are ma protected from vehicles. All parking lots, driveways, drive aisles, k access ways, shall be paved with conci paved street surfacing material in acco Code (Sections 15.76.020 and 17.58.060 Lighting is required for all parking lots, e) (Section 17.58.060 A.). Illumination shall area with light fixtures designed and arr, and is reflected away from adjacent pr or baffles may be required for glare red poles, standards and fixtures, including I of 40 feet above grade. However, light 5 ollect the appropriate school district ing permit. access pathways or easements for -of -ways that connect to all accessible in accordance with the California ways shall not be parallel to vehicular ct - Paul Hellman 661- 326 -3733) city of the church sanctuary, the Burch /school campus is 625 spaces; in proposed to be increased, additional seats shall be provided to the 9 -feet wide by 18 -feet long. Vehicles e than 2-1/2 feet provided required tained, and trees and shrubs are iding areas, and another vehicular te, asphaltic concrete (A. C.), or other lance with the Bakersfield Municipal cept residential lots with four units or less De evenly distributed across the parking inged so that light is directed downward >perties and streets. Use of glare shields fiction or control of back light. No light )ases or pedestals, shall exceed a height Standards placed less than 50 feet from residentially zoned or designated propE development, shall not exceed a heigh include a picture or diagram of the ligh will be directed onto the parking area. additional adjustments to installed lighti other lighting problems if they negativel 5. Business identification signs are neither review. A separate sign permit, review, and issued by the Building Division, is re use and construction signs. Signs must 17.60 of the Bakersfield Municipal Cod( 6. Habitat Conservation fees shall be requ calculated based on the fee in effect c development permit (includes grading I Implementation /Management Agreem Bakersfield Habitat Conservation Plan. I will receive acknowledgment of compli habitat Conservation Plan (Implementa 3.1.4). This fee is currently $2,145 per grc Bakersfield (submit to the Planning Divisi grading or other site disturbance occur 0 ty, or from existing residential of 15 feet. The final building plans shall fixtures being used and show how light 'lease note that staff can require g after occupancy to resolve glare or affect adjacent properties. onsidered nor approved under this A by the Planning and Building Divisions uired for all new signs, including future Dmply with the Sign Ordinance (Chapter ed for this project and will be the time we issue an urban Ion approvals) as defined in the :nt (Section 2.21) for the Metropolitan pon payment of the fee, the applicant ince with Metropolitan Bakersfield on /Management Agreement Section ,s acres, payable to the City of n). This fee must be paid before any Forms and instructions are available at t e Planning Division or on the city's web site at www.bakersfieldcity.us (go to De elopment Services Department). The current Metropolitan Bakersfield Hal in year 2014. Projects may be issued an plan approval, or building permit and p under the current MBHCP. As determinE ready to be issued an urban developm( building permit) before the 2014 expirati under the current MBHCP. Early payme not be allowed. The ability of the City to governed by the terms of the MBHCP. Ui the 2014 expiration date may be subjec Conservation Plan, if approved, or be re of the U.S. Fish and Wildlife Agency and Department. Prior to ground disturbance, the develor survey the location for burrowing owls, a Migratory Bird Treaty Act (MBTA) of 1918 be that recommended by the State Der shall be subject to the mitigation measui copy of the survey shall be provided to 1 P itat Conservation Plan (MBHCP) expires irban development permit, grading iy fees prior to the 2014 expiration date U by the City of Bakersfield, only projects nt permit, grading plan approval or in date will be eligible to pay fees t or pre - payment of MBHCP fees shall ssue urban development permits is Dan development permits issued after to a new or revised Habitat juired to comply directly with requests he California Fish and Game er shall have a qualified consultant id comply with the provisions of the '16 U.S.C. 703 -711). Survey protocol shall artment of Fish and Game. Developers recommended by the consultant. A ie Planning Department prior to ground disturbance. The burrowing owl is a migratory bird spy under the Migratory Bird Treaty Act (MBl makes it unlawful to take, possess, buy, bird listed in 50 C.F.R. Part 10 including fE products, except as allowed by implem Sections 3503, 3503.5, and 3800 of the C Code prohibit the taking, possession, or To avoid violation of the provisions of the related disturbance at active nesting to critical phases of the nesting cycle (Mar that causes nest abandonment and /or abandonment of eggs or young) may k punishable by fines and /or imprisonmer Prior to ground disturbance, the develo survey the location for kit fox, and com Bakersfield Habitat Conservation Plan. by the State Department of Fish and Gc mitigation measures recommended by shall be provided to the Planning Depa :ies protected by international treaty of 1918 (16 U.S.C. 703 -711). The MBTA ;II, purchase, or barter any migratory ethers or other parts, nests, eggs, or sting regulations (50 C.F.R. 21). :se laws generally requires that project ritories be reduces or eliminated during :�h 1- August 15, annually). Disturbance oss of reproductive effort (e.g., killing or e considered "taking" and is potentially t. r shall have a qualified consultant with the provisions of the Metropolitan vey protocol shall be recommended e. Developer shall be subject to the s consultant. A copy of the survey lent prior to ground disturbance. The current Metropolitan Bakersfield Ha itat Conservation Plan (MBHCP) expires in year 1014. Projects may be issued an urban development permit, grading plan approval, or building permit and p y 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 expirati n 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 dire ctly with requests of the U.S. Fish and Wildlife Agency and the California Fish Ond Game Department. Rooftop areas of commercial buildings hotel, hospital, church, school), and inc zoned properties, shall be completely s architectural features constructed to a unfinished structural element or unfinish Open storage of materials and equipm( with a solid wall or fence (screening alsc least 6 feet in height and materials shall fence. (Note: Fences taller than 6 feet c zones but they will require a building pe 7 e.g., office, retail, restaurant, assembly, istrial buildings adjacent to residentially reened by parapets or other finished eight of the highest equipment, d architectural feature of the building. nt shall be surrounded and screened applies to gates). This fence shall be at iot be stacked above the height of the re allowed in commercial and industrial mitt. 11. Areas used for outside storage, shall I other permanent dust control measu Joaquin Valley Air Pollution Control C areas must be paved). treated with a permanent dust binder or consistent with the regulations of the San 'ict. (Note: All passenger vehicle - parking 12. 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. 13. on The developer shall meet all regulatior Control District (Regulation VIII) concer of the project. Methods include, but a stabilizer /suppressants to control dust e and access ways; covering or wetting construction - related speed to 15 mph construction vehicles before they ente out; and cease grading and earth mo, or more). Prior to receiving final building or site o Division (staff contact noted above) fc landscaping, parking lot, lighting and c Inspections will not be conducted until Any deviations from the approved pla Planning Division may result in reconstri or site occupancy. C. FIRE DEPARTMENT (Staff contact - Dave 1. Show on the final building plans the fol a. All the lanes as identified on th I be approved by the Fire Depart . be installed every 100 feet with r work shall be completed before any building is allowed. data on all hydrants. Hydrants sl^ are subject to testing for verificat prior to construction commenci sets of the engineered water plat hydrants must be purchased fror C. All tire sprinkler and /or stand piQE hood systems. These suppression the Fire Department. The Fire De, of the San Joaquin Valley Air Pollution ing dust suppression during construction not limited to; use of water or chemical nission from disturbed area, stock piles, iaterials that are transported off -site; limit n all unpaved areas /washing of public streets to minimize carryout /track ng during periods of high winds (20 mph cupancy, you must contact the Planning final inspection and approval of the her related site improvements. ill required items have been installed. without prior approval from the :tion and delays in obtaining a building 661 - 326 -3706) items: irned plans. Any modifications shall nt. Fire lane identification signs shall curbing when curbing is required. All cupancy of any building or portion of Est to site) and on -site. Include flow ill be in good working condition and ,n. Fire flow requirements must be met on the project site. Please provide 2 to Dave Weirather. (Note: All new fire the Fire Department.) stems, tire alarms and commercial stems require review and permits by rtment 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. The developer shall show on the final k weather emergency access with an o within 150 feet of all buildings on the p approve the final location and design being issued. This access shall be con. be granted. 4. All access (permanent and temporary; construction must be at least 20 feet w be graded to prevent standing water. ditches and barriers exist in or cross roa always be reliable. Iding plans a minimum 20 -foot wide all - rhead clearance of 13 feet 6 inches ect site. The Fire Department must the access prior to building permits icted before building occupancy will to and around any building under Je, contain no vehicle obstruction, and 3arricades must be in place where Iways. Emergency vehicle access must D. PUBLIC WORKS - ENGINEERING (Staff contact - George G111burg 661 - 326 -3997) 2. 3. F41 5 If a grading plan is required by the Bu issued until the grading plan is appro\, and the Building Division. Before any building or site can be occ� repair substandard off -site street impro� standards as directed by the City Engin Superintendent at 661 - 326 -3049 to sche improvements may be required. A street permit from the Public Works D work can be done within the public rig Please include a copy of this site plan r time you apply for this permit. A transportation impact fee for regiona building permit is issued, or if no buildinc the building or site. This fee will be base building permit is issued. The Public Wor of the total fee when you submit constri The developer shall form a new maintei 0 ng Division, building permits will not be I by both the Public Works Department :d, the developer must reconstruct or cents that front the site to adopted city Please call the Construction e a site inspection to find out what apartment shall be obtained before any t -of -way (streets, alleys, easements). Mew decision to the department at the facilities shall be paid at the time a permit is required, before occupancy of I at the rate in effect at the time the s Department will calculate an estimate ction plans for the project. Dance district. 6. All storm water generated on the proj be retained onsite unless otherwise all (please contact the Public Works Dep 7. In order for driveway access to Texas requirements shall be met: a. Under encroachment permit, issi improve Texas Street to Type A S street (Plate R -11), in accordanc Standards. These improvements concrete and the necessary tie- at the west side of Easter Street c on Texas Street will vary from 6 tc b. The portion of the Texas Street the west tract map boundary site, including the street frontage shall ;d by the Public Works Department vent -Subdivisions at 661 - 326 -3576. to be permitted, the following sd by Kern County Roads Department, bdivision Standards, part width local with the Kern County Development vill be curb, gutter, sidewalk, asphalt is. This will include a knuckle (Plate R -47) id Texas Street. Asphalt concrete tie -in 7 feet wide by approximately 370 feet. ht -of -way from the proposed knuckle to ill be vacated. C. All easements shall be kept open, clear, and free from buildings and structures of any kind pursuant tc Chapters 18.50 and 18.55 of the Kern County Land Division Ordinance All obstructions, including utility poles and lines, trees, pole signs, fences, or similar obstructions, shall be removed from the ultimate road rights -of -way. Compliance with this requirement is the responsibility f the applicant and may result in significant financial expenditures. d. Access to Texas Street shall not e permitted for student drop -offs or pick- ups. e. Two -way drive aisles shall be a minimum width of 24 feet and shall be paved to the satisfaction of the City Engineer. E. PUBLIC WORKS - SOLID WASTE (Staff contact - .john Wilburn 661 - 326 -3114) necessary for the collection of refuse ai locations must provide enough contain generated without violating required zc Division conditions). Levels of service at as follows: Cart service -- Front loader bin services -- Roll -off compactor service -- 10 Dermits can N i /or recycled materials. Collection lent area for the refuse that is ing or setback restrictions (see Planning based on how often collection occurs 1 cubic yard /week or less 1 time per week 1 cubic yard /week - 12 cubic yards /day More than 12 cubic yards /day 2. Show on the final building plans one c mpactor roll -off bin location. Please contact staff for additional information on compactor requirements and placement. 3. Facilities that require infectious waste s, infectious waste storage areas from the instances shall the refuse bin area be L purposes. 4. Facilities that require grease containm( separate from the refuse bin location. plans. rvices shall obtain approval for separate Kern County Health Department. In no ed for infectious waste containment nt must provide a storage location that is his shall be shown on the final building 5. 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