HomeMy WebLinkAbout12-11, 12-0125RESOLUTION NO. 12-11
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF
BAKERSFIELD APPROVING MODIFICATIONS TO A PREVIOUSLY
APPROVED CONDITIONAL USE PERMIT /MODIFICATION TO ELIMINATE
THE LIMITATIONS ON THE HOURS OF OPERATION FOR A 1,750 SQUARE
FOOT DRIVE - THROUGH RESTAURANT IN A C -1 (NEIGHBORHOOD
COMMERCIAL) ZONE DISTRICT. (FILE NO. 12 -0125)
WHEREAS, Inland Architects filed an application with the City of Bakersfield Planning
Department requesting modifications to a previously approved conditional use
permit /modification to eliminate the limitations on the hours of operation for a 1,750 square foot
drive - through restaurant. The proposal is located 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, April 10,
2012, at the hour*of 3:00 p.m. in the 1 St Floor Conference Room of the Development Services
Building, 1715 Chester Avenue, Bakersfield, California, as the time and place for a public
hearing before them on the proposal, and notice of the public hearing was given in the
manner provided in Title 17 of the Bakersfield Municipal Code; and
WHEREAS, a public hearing was held before the Board of Zoning Adjustment on said
date, and no testimony was received either in support or opposition of the project; and
WHEREAS, the laws and regulations relating to the California Environmental Quality Act
(CEQA) and the City of Bakersfield's CEQA Implementation Procedures have been duly
followed by city staff and the Board of Zoning Adjustment; and
WHEREAS, the above described project is exempt from the requirements of CEQA in
accordance with Section 15061(b) (3); and
WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue, Bakersfield,
California) is the custodian of all documents and other materials upon which approval of the
environmental determination is based; and
WHEREAS, the facts presented in the staff report, initial study, and evidence received
both in writing and by verbal testimony at the above referenced public hearing(s), support the
findings contained in this resolution; and
WHEREAS, at the above mentioned public hearing(s), the proposal was heard and all
facts, testimony and evidence was considered by the Board of Zoning Adjustment, and they
made the following findings regarding the proposed project:
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.
5. The granting of the modification will not be materially detrimental to the public
welfare, nor injurious to the property or improvements in the zone or vicinity in
which the subject property is located.
The granting of the modification is necessary to permit an appropriate use on the
subject property and would not be materially detrimental to the public welfare,
nor injurious to the properties in the vicinity of the subject property.
7. The granting of the proposed modification would not be inconsistent with the
purposes and intent of the Bakersfield Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY
OF BAKERSFIELD as follows:
That the above recitals, incorporated herein, are true and correct.
2. That the proposed project is exempt from CEQA under Section 15061 (b) (3).
3. That Conditional Use Permit /Modification No. 12 -0125, 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: Bland, 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 10th day of April,
2012.
DATED: April 10, 2012
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
Ryan Blanes, Chair
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EXHIBIT A -1
CONDITIONS OF APPROVAL
Conditional Use Permit /Modification No. 12 -0125
1. 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 (7 0) 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.
It. 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 anyway
arising from, the terms and provisions of this application, including without limitation any
CEQA approval or any related development approvals or conditions whether imposed
by the City, or not, except for CITY's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any
decision by the City related to this project and the obligations of this condition apply
regardless of whether any other permits or entitlements are issued.
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The City will promptly notify Applicant of any such claim, action or proceeding, falling
under this condition within thirty (30) days of actually receiving such claim. The City, in its
sole discretion, shall be allowed to choose the attorney or outside law firm to defend the
City at the sole cost and expense of the Applicant and the City is not obligated to use
any law firm or attorney chosen by another entity or party.
2. This conditional use permit /modification allows for the construction of a 1,750 square foot
drive - through restaurant at 6451 Ming Avenue in a C -1 (Neighborhood Commercial)
zone district and a reduction of the minimum required parking for the subject retail
center from 365 to 330 spaces.
3. The drive - through restaurant speakerboard shall be directed to the south as shown on
the site plan.
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 plans or completed before a building permit
is issued. Each has been grouped by department so that you know whom to contact if you
have questions.
A. DEVELOPMENT SERVICES - BUILDING (Staff contact - Steve Ewing 661 -326 -3677)
1. 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 (NO]) 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. The developer shall include fire resistive wall construction details with the final
building plans for all exterior walls of any building that is within the distance as set
forth in Table 602 of the California Building Code.
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.
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5. The developer shall obtain all required approvals from the Kern County
Environmental Health Services Department (2700 "M" Street, Bakersfield, CA.,
93301; PH 661- 862 -8700) for any food handling facility, (ie: market, delicatessen,
caf6, concession, restaurant) before building permits can be issued.
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 Hellman 661 -326 -3733)
The minimum parking required for the subject retail center shall be 330 spaces,
including available on- street parking pursuant to Bakersfield Municipal Code
Section 17.58.100.
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. 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
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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. 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.
8. Outside work, storage, sales and display of merchandise and materials is
prohibited. All activities and all storage of merchandise and materials shall be
conducted and /or contained within an enclosed building. (Note: This does not
include outdoor seating areas for restaurants).
9. 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.
10. 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).
11. Prior to receiving final building or site occupancy, you must contact the Planning
Division (staff contact noted above) for final inspection and approval of the
landscaping, parking lot, lighting and other related site improvements. Inspections
will not be conducted until all required items have been installed. Any deviations
from the approved plans without prior approval from the Planning Division may
result in reconstruction and delays in obtaining a building or site occupancy.
C. FIRE DEPARTMENT (Staff contact - Dave Weirather 661- 326 -3706)
All access (permanent and temporary) to and around any building under
construction must be at least 20 feet wide, contain no vehicle obstruction, and be
graded to prevent standing water. Barricades must be in place where ditches
and barriers exist in or cross roadways. Emergency vehicle access must always be
reliable.
D. PUBLIC WORKS - ENGINEERING (Staff contact - George Gillburg 661- 326 -3997)
The developer shall install new connection (s) 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. The developer shall form a new maintenance district.
8. 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.
9. 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.
10. 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.
11. 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.
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E. PUBLIC WORKS - TRAFFIC (Staff contact - George Gillburg 661 -326 -3997)
Two -way drive aisles shall be a minimum width of 24 feet. If perpendicular (900)
parking spaces are proposed where a vehicle must back into these aisles, the
minimum aisle width shall be 25 feet. All drive aisle dimension shall be shown on
the final building plans.
F. 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
necessary 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 0. Before occupancy of the building or site is allowed, four 3
cubic yard front loading type refuse bins) shall be placed within the required
enclosures.
❑ 6' deep x 8' wide (1 bin) ❑ 8' deep x 15' wide (3 bins)
❑ 8' deep x 10' wide (2 bins) Q 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.
6. Facilities with existing refuse service must improve the service location area to
current adopted city standards (in accordance with Detail #ST25 A and B). These
improvements shall be clearly shown on the final building plans.
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