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Home My WebLink AboutRES NO 105-15RESOLUTION NO. 10 5 — 1. 5 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DENYING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT NO. 15 -0096 TO CONSTRUCT A 70 -FOOT TALL MONOPOLE WIRELESS TELECOMMUNICATIONS FACILITY CAMOUFLAGED AS A PINE TREE WITH ANCILLARY EQUIPMENT IN AN R -1 (ONE- FAMILY DWELLING ZONE) DISTRICT LOCATED AT 4841 VENTANA CANYON DRIVE. WHEREAS, Sequoia Deployment Services, for AS.E Union Inc., filed an application with the City of Bakersfield Community Development Department requesting a conditional use permit to construct a 70 -foot tall monopole wireless telecommunications facility camouflaged as a pine tree with ancillary equipment in an R -1 (One - Family Dwelling Zone) district located at 4841 Ventana Canyon Drive (the "Project "); and WHEREAS, the Project is exempt from the requirements of the California Environmental Quality Act (CEQA) because the project does not have the potential to cause a significant effect on the environment in accordance with State CEQA Guidelines Section 15061(b)(3); and WHEREAS, the Board of Zoning Adjustment held public hearings on May 12, 2015, and June 9, 2015, and approved Resolution No. 15 -20; and WHEREAS, an appeal of the Board of Zoning Adjustment's decision to approve the Project was filed by Robert G. Kuhs on behalf of Estates at Rio Bravo, L.P. on June 18, 2015; and WHEREAS, the Clerk of the City Council set Wednesday, August 12, 2015, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the Time and place for a public hearing before the City Council to consider the appeal as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Board of Zoning Adjustment's deliberation and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The Board of Zoning Adjustment's findings as contained in its Resolution No. 15-20 are hereby adopted. 2. The Project is exempt from the requirements of California Environmental Quality Act. 3. The City Council hereby denies the appeal. OF 6AKF',9N � T Page 1 of 2 `" 0 ORIGINAL, 4. The Project is hereby approved subject to the conditions of approval in Exhibit A and as shown in Exhibits B and C, which are incorporated herein. - - -000 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on AUG 12 2015 , by the following vote: AY COUNCILMEMBER: RIVERA, M4� LL, WEIR, SMITH, HANSON, SULlIVAN, PAIKE R NOES: COUNCILMEMBER: Ne1110.. ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: A/ ROBERTA GAFFORD, C CITY CLERK and Ex Owl Clerk of the Council of the City of Bakersfield APPROVED AUG 122015_ HARVEY L. HALL - MAYOR of the City of APPROVED as to form: VIRGINIA GENNARO City Atto ey By: ANDREW HEGLUN Deputy City Attorney Exhibits: A Conditions of Approval B Location Map C Site Plan and Elevations By: PH - S: \BZA SPR \CUP \2015 \15-00964841 Ventano Canyon a 70 -U mnopine in R -1 \CC Res 15-0096.aocz gAKF9 o J'� Page 2 of 2 m J � QRIGINAL Exhibit A: Conditions of Approval �gAKF9 v 0 ORIGINAL EXHIBIT A CONDITIONS Of APPROVAL Conditional Use Permit No. 15 -0096 I. The applicant's rights granted by this approval are subject to the following provisions: • The project shall be in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes. • All conditions imposed shall be diligently complied with at all times and all construction authorized or required shall be diligently prosecuted to completion before the premises shall be used for the purposes applied for under this approval. • This approval will not be effective until ten (10) days after the date upon which it is granted by the BZA to allow for appeal to the City Council. Any permit or license for any approval granted shall not be issued until that effective date. • This approval shall automatically be null and void two (2) years after the effective date unless the applicant or successor has actually commenced the rights granted, or if the rights granted are discontinued for a continuous period of one (i) 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 adding or modifying conditions to ensure the use complies with the intent of City ordinances. • Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. if. 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 and boards ( "City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. o``0AxF9s > " � o ORIGINAI. 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. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. 2. This conditional use permit allows for the construction of a 70 -foot tall monopole wireless communications facility camouflaged as a pine tree with ancillary equipment in an R -1 (One - Family Dwelling Zone) district located at 4841 Ventana Canyon Drive, as depicted in attached Exhibits B and C. 3. The developer shall show on the final building plans a minimum 20 -foot wide all - weather emergency access road from Ventana Canyon Drive. The Fire Department must approve the final location and design of the access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. 4. Associated equipment shall be within a completely enclosed building. Buildings shall be painted similar non - reflective colors as the antenna or tower structure, and blend with the surrounding area. Use of barbed or razor wire is prohibited. 5. If security lighting is provided, it shall be directed downward and shielded to prevent light spillage onto adjacent properties and public rights -of -way. 6. Signs and advertisement are prohibited, except required informational signs for public safety in accordance with the area limitations of Section 17.60.080 F. 7. Non - reflective colors shall be used for all equipment shelters, poles, towers, antennas, and supporting structures; colors shall be specified on the construction plans. 8. The operation of the antenna shall not cause interference with any electrical equipment in the surrounding neighborhoods such as television, radio, telephone, computer, inclusive of any public safety radio system, 911 emergency system, etc., unless exempted by federal regulation. 9. Facilities shall be maintained in good condition and a proper state of preservation at all times. They shall be operational and present a satisfactory appearance regarding their original approval such as painting, material screening, camouflage, landscaping, or anything related to the appearance of the overall facility to the satisfaction of the Planning Director. gAKF9 o T m j O ORIGINAL 10. The developer shall adhere to the following design specifications for the monopine to the satisfaction of the Planning Director: a. Branch foliage shall vary in density, spacing, size and angle to avoid rigid symmetry; b. Overall tree shape shall integrate with the context of the site; C. Colors of the faux trunk and branches shall blend with the existing vegetative backdrop and shall be nonreflective and green needles shall be interspersed with brown to provide a more natural appearance; d. The exterior surface of the faux trunk shall emulate the texture of a real pine tree; e. All antennas, mounting brackets, and coaxial cables shall be completely screened from view by the faux foliage and painted to match; f. The overall design of the monopine shall substantially conform to and implement the visual effect represented in the photo - simulations in Attachment 3 to the Planning Department Staff Report for this project. 11. Provide a sufficient amount of trees on the south side of the facility to camouflage the tower from the south to the satisfaction of the Planning Director. 12. Provide drought - tolerant vegetation completely surrounding the outer block wall to further enhance the appearance of the facility and to provide a more natural setting to the satisfaction of the Planning Director. oF�,AK,9q N � m U O ORIOINAI. Exhibit B: Location Map oFgAKf9T s � m t U O ORIGINAL � � a��sg IN I zfflH if! I H11111111111. W i P 3YP ¢. es ar a6k� g 3 N �2 � i N-2 2 III d °aCi3`o�3S��33,�fis she &al8� d Ll W a a� °o U� X ac.. m 0 /V � C c K 2 p <, ri 2 p <, Exhibit C: Site Plan and Elevations OAK of 9v T U O ORIUINAI, /\ N I N � 1 1 1 1 ] A I j 1 p Q j I l l s 1 I Q� IIw 71, j m % - It I � a ter; 7 )1� OC 1 J E I F I fff � o�0AKF9`n.� rm- 3 0 ORIGINAL u 11 SS2�211M UfIILIJ� 'w°'iw ..mew gAKl9 T m 0 ORIGINAL / q� � � § � {\ ) i { ( ) ! jig ) ( A q \ § d � • (i \ § G '| \ § am<