HomeMy WebLinkAboutRES NO 150-17RESOLUTION NO. 15 D _ 17
A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL TO UPHOLD THE
DECISION OF THE BOARD OF ZONING ADJUSTMENT AND DENY THE
APPEAL FOR CONDITIONAL USE PERMIT NO. 17 -0171 TO ALLOW A
RECYCLING CENTER FOR THE PURCHASING OF CALIFORNIA
REDEMPTION VALUE (CRV) CONTAINERS FROM THE PUBLIC IN A C -1
(NEIGHBORHOOD COMMERCIAL ZONE) DISTRICT LOCATED AT 3300
PLANZ ROAD (WARD 6).
WHEREAS, Israel Ramirez, filed an application with the City of Bakersfield Community
Development Department for a Conditional Use Permit to allow a recycling center for the
purchasing of California Redemption Value (CRV) containers from the public (17.64.020.8) in
a C -1 (Neighborhood Commercial Zone) district located at 3300 Planz Road (the "Project ");
and
WHEREAS, the Board of Zoning Adjustment on July 11, 2017, denied the conditional use
permit to allow a recycling center for the purchasing of California Redemption Value (CRV)
containers from the public, and the decision was appealed by the Cristian Ramirez on July
21, 2017; and
WHEREAS, the Clerk of the City Council set Wednesday, August 16, 2017, 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, Israel Ramirez on August 16, 2017, requested the City Council continue
consideration of the appeal to the regular scheduled hearing of October 11, 2017; 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:
The proposed use is not essential and desirable to the public convenience and
welfare.
The proposed use is not in harmony with the various elements and objectives of
the Metropolitan Bakersfield General Plan.
The decision of the Board of Zoning Adjustment is upheld and Conditional Use
Permit No. 17 -0171 is denied.
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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 OCT 1 1 7017 by the
following vote:
VES: COUNCILMEMBER'. RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
NOES: COUNCILMEMBER: NOMYLp_
ABSTAIN: COUNCILMEMBER: NOI4'
ABSENT'. COUNCILMEMBER: N Oy`
CHRISTOPHER MRRY
ACTING CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED OCT 1 12017
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
RICHARD IGER
Deputy City Attorney
Exhibits: A. Location Map
B. Site Plan
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Exhibit A
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Exhibit B
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