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
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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.
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