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HomeMy WebLinkAbout11-21, 11-0331RESOLUTION NO. 111-21 RESOLUTION OF THE BOARD OF ZONING BAKERSFIELD APPROVING A CONDITION, CONSTRUCT A 1,750 SQUARE FOOT DRIV AND A ZONING MODIFICATION TO REDU PARKING FOR THE SUBJECT RETAIL CENTE IN A C -1 (NEIGHBORHOOD COMMERCl/ 11-0331) DJUSTMENT OF THE CITY OF - USE PERMIT TO THROUGH RESTAURANT :E THE MINIMUM REQUIRED FROM 365 TO 330 SPACES ZONE DISTRICT. (FILE NO. WHEREAS, Inland Architects filed an application with the City of Bakersfield Planning Department requesting a conditional use permit to cc nstruct a 1,750 square foot drive - through restaurant and a zoning modification to reduce the minimum required parking for the subject retail center from 365 to 330 spaces. The proposal is Ic cated at 6451 Ming Avenue and is in a C- 1 (Neighborhood Commercial) zone district; and WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, September 13, 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 mariner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, a public hearing was held before th 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 tot the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implement Lion Procedures have been duly followed by city staff and the Board of Zoning Adjust ent; and WHEREAS, the above described project is exe accordance with Section 15061(b) (3); and WHEREAS, the City of Bakersfield Planning Dep California) is the custodian of all documents and oth( environmental determination is based; and t from the requirements of CEQA in rtment (1715 Chester Avenue, Bakersfield, materials upon which approval of the WHEREAS, the facts presented in the staff report, initial study, and evidence received both in writing and by verbal testimony at the above r ferenced 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: 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 Bake sfield CEQA Implementation Procedures have been followed. Staff determined that the proposed project is exempt from CEQA under Section 15061(b) (3), becau 3e the project does not have the potential to result in a significant effect an the environment. 3. 4. 5. 6. 7. The proposed use is desirable to the public convenience. The proposed use is in harmony with the furious elements and objectives of the Metropolitan Bakersfield General Plan. The granting of the modification will not welfare, nor injurious to the property or ii which the subject property is located. The granting of the modification is nece subject property and would not be mat, nor injurious to the properties in the vicin e materially detrimental to the public provements in the zone or vicinity in ry to permit an appropriate use on the illy detrimental to the public welfare, of the subject property. The granting of the proposed modificati'n would not be inconsistent with the purposes and intent of the Bakersfield Zo ing Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD as follows: 2. 3. That the above recitals, incorporated are true and correct. That the proposed project is exempt frot CEQA under Section 15061(b) (3). That Conditional Use Permit /Modificatior resolution, is hereby approved subject tc mitigation measures as contained in Exh No. 11 -0331 as described in this the conditions of approval and any )it "A -1 ". On a motion by Board Member Underwood, th 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 v Zoning Adjustment of the City of Bakersfield at a regulc September, 2011. DATED: September 13, 2011 as passed and adopted by the Board of it meeting held on the 13th day of CITY OF BAKE SFIELD BOA�F ZONING ADJUSTMENT ,V Rhonda Barnhard, Chair -2- EXHIBIT A -1 CONDITIONS OF APP OVAL Conditional Use Permit /Modific Lion No. 11 -0331 The applicant's rights granted by this approval are Subject to the following provisions: • The project shall be in accordance with all other required permits and approvals. All c building codes. • All conditions imposed shall be diligently compl authorized or required shall be diligently prosec shall be used for the purposes applied for unde d plans, conditions of approval, and on shall comply with applicable �d with at all times and all construction ited to completion before the premises this approval. • This approval will not be effective until ten (10) qays after the date upon which it is granted by the BZA to allow for appeal to the ity Council. Any permit or license for any approval granted shall not be issued until that ffective date. • This approval shall automatically be null and vo d 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 grc not limited to, failure to comply with conditions exercise the rights granted, or violation by the ( Bakersfield Municipal Code pertaining to the p, granted. The BZA may also consider under the any conditions if there is sufficient cause, incluc regarding the project or that the conditions arc Unless otherwise conditioned, this approval successive owners provided all the above r nted if there is good cause, including but )f approval, complete construction or Amer or tenant of any provision of the �mises for which the approval was evocation addition to or modification of ng but not limited to, complaints not adequate for the intended purpose. with the land and may continue under oned provisions are satisfied. II. The following conditions shall be satisfied as part of1the approval of this project: 1. In consideration by the City of Bakersfield for lai limited to related environmental approvals rela applicant, and /or property owner and /or subdl indemnify, defend, and hold harmless the City c employees, departments, commissioners or boc liability, claims, actions, causes of action or der them, before administrative orjudicial tribunals arising from, the terms and provisions of this apr CEQA approval or any related development al by the City, or not, except for CITY'S sole active d use entitlements, including but not ed to or arising from this project, the Cider ( "Applicant" herein) agrees to f Bakersfield, its officers, agents, rds ( "City" herein) against any and all ands whatsoever against them, or any of )f any kind whatsoever, in any way lication, including without limitation any ,provals or conditions whether imposed ligence 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 su under this condition within thirty (30) days of ac sole discretion, shall be allowed to choose the City at the sole cost and expense of the Applic any law firm or attorney chosen by another eni 2. This conditional use permit /modification allows drive - through restaurant at 6451 Ming Avenue i zone district and a reduction of the minimum rE center from 365 to 330 spaces. The establishmE operation shall be 5:00 a.m. to 10:00 p.m., seve 3. The drive - through restaurant speakerboard shal on the site plan. h claim, action or proceeding, falling jally receiving such claim. The City, in its -torney or outside law firm to defend the nt and the City is not obligated to use y or party. the construction of a 1,750 square foot a C -1 (Neighborhood Commercial) uired parking for the subject retail is maximum permitted hours of days a week. be directed to the southeast as shown 111. The following are specific items that you need to re olve 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 b 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 buildina olans or completed before a buildinq 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) 2. Prior to review of improvement plans by 1 grading plan for the proposed site to be Engineer and Building Official (Bakersfielc With the grading plan, if the project is suk Pollutant Discharge Elimination System (I\ with the terms of the General Permit to D Construction Activity (WQ Order No. 99 -C Water Resources Control Board in Sacrar construction activity. Compliance with tl Water Pollution Prevention Plan (SWPPP) and always be available for public inspe A grading permit is required prior to final submit 4 copies of grading plans and 2 c Building Division. A final soils report shall < before they can issue a building permit. consistent with the final building site plan will not be issued until the grading permit Planning Division (HCP), and Public Work! ie City, the developer shall submit a :viewed and approved by the City Municipal Code Section 16.44.010). ect to the provisions of the National 'DES), a Notice of Intent (NO[) to comply charge Storm Water Associated with -DWQ) must be filed with the State ento before the beginning of any • general permit requires that a Storm • prepared, continuously carried out, Lion during normal construction hours. )Ian approval. The developer shall )pies of the preliminary soils report to the ]so be submitted to the Building Division 'lease note that grading plans must be and landscaping plans. Building permits is approved by the Building Division, Department. 3. The developer shall include fire resistive v all construction details with the final building plans for all exterior walls of any uilding that is within the distance as set forth in Table 602 of the California Buildind Code. 4. Include with or show on the final building plans information necessary to verify that the project complies with all disability re uirements of Title 24 of the California -4- 5 R 7. Building Code. The developer shall obtain all required a Environmental Health Services Departm( 93301; PH 661- 862 -8700) for any food hai caf6, concession, restaurant) before bui uprovals from the Kern County ant (2700 "M" Street, Bakersfield, CA., )dling facility, (ie: market, delicatessen, ding permits can be issued. The Building Division will calculate and c Ilect the appropriate school district impact fee at the time they issue a building permit. Final Building plans shall show pedestric persons with disabilities from public righ buildings, facilities, elements, and spac Building Code. These pedestrian acce lanes unless separated by curbs or railir B. DEVELOPMENT SERVICES - PLANNING (Staff c 2. 3 M The minimum parking required for the including available on- street parking Section 17.58.100. Minimum parking stall dimensions shall h may hang over landscape areas no me setbacks along street frontages are mai protected from vehicles. All parking lots, driveways, drive aisles, Ic 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 baffles may be required for glare reduc standards and fixtures, including bases feet above grade. However, light stan( 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 negative) access pathways or easements for -of -ways that connect to all accessible in accordance with the California ways shall not be parallel to vehicular - Paul Hellman 661- 326 -3733) :t retail center shall be 330 spaces, nt to Bakersfield Municipal Code 9 -feet wide by 18 -feet long. Vehicles > than 2-1/2 feet provided required ained, and trees and shrubs are ding areas, and another vehicular -e, asphaltic concrete (A. C.), or other ance with the Bakersfield Municipal ;ept residential lots with four units or less )e evenly distributed across the parking iged so that light is directed downward ,perties and streets. Use of glare shields or on or control of back light. No light poles, r pedestals, shall exceed a height of 40 Ards placed less than 50 feet from 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. 5. The developer shall include a copy of a inal 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 an J minimum ordinance standards (please refer to the attached landscaping requi ements in Chapter 17.61). -5- 7 9 ILe7 (NOTE: At the time a final site inspection will match the species identified and be the approved landscape plan. Change: Planning staff may result in the removal ( materials and delays in obtaining buildir Business identification signs are neither ci A separate sign permit, reviewed by the by the Building Division, is required for all construction signs. Signs must comply wi the Bakersfield Municipal Code). Rooftop areas of commercial buildings ( hotel, hospital, church, school), and ind� zoned properties, shall be completely sc architectural features constructed to a f unfinished structural element or unfinishe Outside work, storage, sales and display prohibited. All activities and all storage conducted and /or contained within an include outdoor seating areas for restau Refuse collection bin enclosures and co structural setback from street frontages, or landscaping areas as required by the The developer shall meet all regulations Control District (Regulation VIII) concerni the project. Methods include, but are n( stabilizer /suppressants to control dust err and access ways; covering or wetting m construction - related speed to 15 mph or construction vehicles before they enter K out; and cease grading and earth movir more). Prior to receiving final building or site oc Division (staff contact noted above) for landscaping, parking lot, lighting and o will not be conducted until all required i from the approved plans without prior c result in reconstruction and delays in ob C. FIRE DEPARTMENT (Staff contact - Dave W 1. All access (permanent and temporary) t construction must be at least 20 feet wid graded to prevent standing water. Barri and barriers exist in or cross roadways. E reliable. s conducted, it is expected that plants istalled in the locations consistent with made without prior approval of the id /or relocation of installed plant ;occupancy.) msidered nor approved under this review. lanning and Building Divisions and issued ew signs, including future use and i the Sign Ordinance (Chapter 17.60 of .g., office, retail, restaurant, assembly, trial buildings adjacent to residentially ;ened by parapets or other finished sight of the highest equipment, architectural feature of the building. f merchandise and materials is merchandise and materials shall be nclosed building. (Note: This does not rnts). tainer areas are subject to all required rnd shall not reduce any parking, loading ning Ordinance. )f the San Joaquin Valley Air Pollution ig dust suppression during construction of t limited to; use of water or chemical ssion from disturbed area, stock piles, )terials that are transported off -site; limit all unpaved areas /washing of ublic streets to minimize carryout /track g during periods of high winds (20 mph or )pancy, you must contact the Planning ial inspection and approval of the :r related site improvements. Inspections ms have been installed. Any deviations :)roval from the Planning Division may ining a building or site occupancy. 661 - 326 -3706) and around any building under contain no vehicle obstruction, and be ades must be in place where ditches ency vehicle access must always be D. PUBLIC WORKS - ENGINEERING (Staff contact - 2. 3. 4. 5. 2 7. a W The developer shall install new connecti connection shall be shown on the final k Division before any building permits will I All on -site areas required to be paved (k areas, etc.) shall consist of concrete, asF paved street material approved by the minimum thickness of 2 inches over 3 inc A. B.). if concrete is used, it shall be a mir Code Section 17.58.060, paragraph A. Tr final building plans submitted to the Builc will be issued. If a grading plan is required by the Buildii issued until the grading plan is approved and the Building Division. If the project generates industrial waste, the Industrial Waste Ordinance. An indu the Public Works Department before issu what type of waste is considered industri Treatment Superintendent at 661- 326 -32, e Gillburg 661- 326 -3997) i(s) to the public sewer system. This ilding plans submitted to the Building issued. Parking lots, access drives, loading )attic concrete (Type B. A. C.) or other ity Engineer. Pavement shall be a es of approved base material (ie. Class II mum thickness of 4 inches per Municipal s paving standard shall be noted on the ng Division before any building permits Division, building permits will not be both the Public Works Department shall be subject to the requirements of rial waste permit must be obtained from nce of the building permit. To find out I, please contact the Wastewater 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 t e time a building permit is issued. A transportation impact fee for regional building permit is issued, or if no building the building or site. This fee will be base, building permit is issued. The Public Work of the total fee when you submit constrL The developer shall form a new mainten All storm water generated on the proji be retained onsite unless otherwise all (please contact the Public Works Dep This project may be located within a Pla Public Works Department - Subdivisions may apply. This project may be located within a Pla Public Department -Subdivisions at 661 - apply. )cilities shall be paid at the time a ,ermit is required, before occupancy of at the rate in effect at the time the Department will calculate an estimate Lion plans for the project. nce district. site, including the street frontage shall ad by the Public Works Department nent -Subdivisions at 661 - 326 -3576. ed Sewer Area. Please contact the 661 - 326 -3576 to determine what fees d Drainage Area. Please contact the -3576 to determine what fees may This project may be subject to Bridge an Major Thoroughfare fees. Please contact the Public Works Department - ubdivisions at 661- 326 -3576 to determine what fees may apply. -7- E. PUBLIC WORKS - TRAFFIC (Staff contact - Two -way drive aisles shall be a minimum parking spaces are proposed where a v minimum aisle width shall be 25 feet. All the final building plans. F. PUBLIC WORKS -SOLID WASTE (Staff contact - 2. 3 n 5. N ct the the refuse a locations must provide enough containr without violating required zoning or setb conditions). Levels of service are based • Cart service -- • Front loader bin services -- • Roll -off compactor service -- Show on the final building plans refuse bi designed according to adopted city sta checked below Q. Before occupancy c cubic yard front loading type refuse bin( enclosures. ❑ 6' deep x 8' wide (1 bin) ❑ 8' deep x 10' wide (2 bins) Gillburg 661- 326 -3997) vidth of 24 feet. If perpendicular (901) hicle must back into these aisles, the aisle dimension shall be shown on n Wilburn 661- 326 -3114) /or recycled materials. Collection ent area for the refuse that is generated ck restrictions (see Planning Division )n how often collection occurs as follows: cubic yard /week or less 1 time per week cubic yard /week - 12 cubic yards /day ore than 12 cubic yards /day i enclosures. Each enclosure shall be idard (Detail #ST25 A and B), at the size the building or site is allowed, four 3 shall be placed within the required NOTE: All measurements above are cur -tc If both refuse and recycling containers are 8' deep x 15' wide (3 bins) 8' deep x 20' wide (4 bins) 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) . Facilities that require infectious waste se infectious waste storage areas from the instances shall the refuse bin area be us purposes. Facilities that require grease containm separate from the refuse bin location. plans. Facilities that participate in recycling op separate from the refuse containment a Facilities with existing refuse service must current adopted city standards (in acco improvements shall be clearly shown on :es shall obtain approval for separate -n County Health Department. In no for infectious waste containment must provide a storage location that is shall be shown on the final building ons must provide a location that is improve the service location area(s) to dance with Detail #ST25 A and B). These [he final building plans. TM `' \ \MM/ , ¢ O � T T ¢ z O U U- O 75 Ir w Lj- �w V ) z O z O U v Cv N cc: Q Q LLI rr Z cr W Q I — 0 Q i w < Q Z) O LC LL ¢ r J jJ 1S N01SN18abS 7 v N m oluo N LL W J Q O ^ O kill SJNI)JdS NO N GH 3HSV CM U cc cc Id Ha z J � z = w z O O z 2 Z_ r— w J O Q z = z 0 0 0 0 z_ CL o Q n D 0 w CO Nlla38VUI CC 0 a aQ bO� 0 0 o or .- m Lij rl- N 10 OWlO Z �� _o N C LL Cn O CY) w H Q _ CC LLL L J O W LU W S Id Ha z J � z = w z O O z 2 Z_ r— w J O Q z = z 0 0 0 0 z_ CL o Q n D 0 w CO Nlla38VUI CC 0 a aQ bO� I 5 � �~ I ALTA ONE 4 FEDERAL CREDIT UNION 4,164 5F I (2) 2) 6501 I Q I / 0 � / IQ ' / 9 b A b b 3 I ' �s I I a ORCHARD SUPPLY HARDWARE a 58,059 5F I Unclude6 8,452 sf of outdoor nursery) 6465 L! I ®� NOTTINGHAM LANE &OGAL. . I NI _(� OVERALL SITE PLAN s I � I LORENE'S I 4,337 5F 6401 3 j I I MAGOOS ORTHO- SAGEPOIN , ' PIZZA DONTICS DENTAL 3,5135F 1,3675F 1,960 5F f i 6417 6409 6405 I X d i m Ln i v GROCERY OUTLET 16,520 5F ' 6421 I D � r s 4 i I rn ' d HAIR SHAPERS SHAPERS 642 1,360 5F 10 ADVANCE TANKS 642 1,303 5F 8 642 _S PATCHESRY ® 1 [E4 4,031 5F \ 6437 2 a � 1RDEN O.S.H. 3 > SWEET 6/ SURRENDER 5,550 5F r 6439 r r � (NOT A ® �` PART) V P (E) SPARKING F-- -- - -I PARTIAL SITE PLAN ICI / M -ml Awl PARTIAL SITE PLAN oae oac ° 'd NO �O