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Home My WebLink About115 N STTO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD CALIFORNIA: Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to place, erect, use and maintain an encroachment on public property or right of way as therein defined. Application Number . . . . . 15-30000032 Data 8/31/15 Property Address 115 N ST Application type description PN - ENCROACHMENT PERMIT owner Contractor BELL JOHNNY OWNER 115 N ET BAKERSFIELD CA 93309 ------------------------------------------------------------------------- Permit . . . ENCROACHMENT PERMIT Additional dead . . Phone Access Code . 1701986 Permit Fee . . . . 208.00 Issue Date . . . . 8/31/15 Valuation qty Unit Charge Per EASE FEE Extension 208.0. --------------------------------------------------------------------------- Special Notes and Comments Existing wall along the side of property Johnny Bell (661) 817-7162 --------------------------------------------------------------------------- Fee s mmary Charged Paid Credited Due Permit Fee Total 208.00 208.00 .00 .00 Grand Total 208.00 208.00 .00 .00 Applicant acknowledges the right of the City Engineer, pursuant to the Bakersfield Municipal Code Chapter 12.20 to revoke the permit atn ime. I 1 BD -- �E%W Si natur 6f Applicant (Owner/Agent) Print Name I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT) SUBSTANTIALLY INTERFERE WITH THE USE OF THE PLACE WHERE THE SAME IS TO BE LOCATED AND (2) WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION IS THEREFORE (GRANTED) (DENIED) Said permit shall expire on date stated above. gnature of City Engineer ENCROACHMENT PERMIT AK E CITY OF BAKERSFIELD d PUBLIC WORKS DEPARTMENT � 1501 TRUXTUN AVE vrm.� BAKERSFIELD CA 93301 C LIFO (661) 326-3724 TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD CALIFORNIA: Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to place, erect, use and maintain an encroachment on public property or right of way as therein defined. Application Number . . . . . 15-30000032 Data 8/31/15 Property Address 115 N ST Application type description PN - ENCROACHMENT PERMIT owner Contractor BELL JOHNNY OWNER 115 N ET BAKERSFIELD CA 93309 ------------------------------------------------------------------------- Permit . . . ENCROACHMENT PERMIT Additional dead . . Phone Access Code . 1701986 Permit Fee . . . . 208.00 Issue Date . . . . 8/31/15 Valuation qty Unit Charge Per EASE FEE Extension 208.0. --------------------------------------------------------------------------- Special Notes and Comments Existing wall along the side of property Johnny Bell (661) 817-7162 --------------------------------------------------------------------------- Fee s mmary Charged Paid Credited Due Permit Fee Total 208.00 208.00 .00 .00 Grand Total 208.00 208.00 .00 .00 Applicant acknowledges the right of the City Engineer, pursuant to the Bakersfield Municipal Code Chapter 12.20 to revoke the permit atn ime. I 1 BD -- �E%W Si natur 6f Applicant (Owner/Agent) Print Name I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT) SUBSTANTIALLY INTERFERE WITH THE USE OF THE PLACE WHERE THE SAME IS TO BE LOCATED AND (2) WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION IS THEREFORE (GRANTED) (DENIED) Said permit shall expire on date stated above. gnature of City Engineer A.AK ENCROACHMENT PERMIT ' + APPLICATION FORM j CITY OF BAKERSFIELD all Pl1BLIC WORKS DEPARTMENT 1501 TRUXTUN AVE - jF0 BAKERSFIELD CA 93301 (6611326-3724 Fax:(661)852-2012 LOCATION OF ENCROACHMENT(Address required where available): - 115 N STREET, BAKERSFIELD, CA. 93304 If there is no address adjacent to work describe limits of work by distances from nearest existing street intersection. DATE: AUGUST 31, 2015 APPLICANT INFORMATION FULL NAME OF APPLICANT JOHNNY BELL COMPLETE ADDRESS: PHONE: 661-817-7162 115 N STREET BAKERSFIELD CA FAX: CELL. 661-817-7162 PROJECT INFORMATION DESCRIPTION OF ENCROACHMENT (Example: Wood or wrought iron fence, concrete block wall, raised planter. etc.): CONCRETE BLOCK WALL, 14' BACK AND 56" TALL IN RIGHT OF WAY LOCATED IN THE FRONT YARD, SIDE SETBACK, BETWEEN OUR RESIDENCE PERIOD OF TIME FOR ENCROACHMENT: INDEFINITE or] OTHER: CONTACT PERSON JOHNNY BELL PHONE: 661-817-7162 Applicant agrees that if this application is granted, applicant shall indemnify, defend and hold harmless the City,its officers agents and employees against any and all liability, claims, actions, causes of action or demands, whatsoever against them, or any of them, before administrative, quasi-judicial, orjudicial tribunals ofany kind whatsoever, arising out of, connected with, or caused by applicant's placement, erection, use (b) applicant or any other person or entity) or maintenance of said encroachment. The applicant further agrees to maintain the aforesaid encroachment during the life of said encroachment or until such time that this permit is revoked. Applicant further agrees that upon the expiration of the permit for which this application is made. if granted or upon the property or right of way where the same is located, and restore said public property or right of wav to the condition as nearly as that in which it was before the placing, erection, maintenance or existence of said encroachment. Applicant further agrees to obtain and keep all liability insurance required by the City Engineer in full force and effect for however long the encroachment remains Applicant shall furnish the City Risk Manager with a Certificate of Insurance evidencing sufficient coverage for bodily injury or property damage liability or both and required endorsements evidencing the insurance required. The type(s) and amount(s) of insurance coverage required are: Residences; Homeowners General Liability coverage in an amountof at (cast $300,000.00 Commercial: Commercial Liability coverage in an amount of at least $1.000,000.00 Encroachment Permit Fee: $208.00 SdPERMITS\F,NCROACH\Encroachment Permit Req Form.DOC. January 2009 -�.. B a K E R S F I B L D Public Works Department 1501 TruAun Avenue Bakersfield, California 93301 (661)326-3724 TO WHOM IT MAY CONCERN: We the undersigned, have no objection to the construction of a fence beside the sidewalk within l,e public right-ot-way. N STREET BY; JOIINNY BELL ('rmel or proposx tncrpachmenU wners ame or 115 N STREET phasic 661-817-7162 (A ddmss orprop,,d encronchment) SIGNED: 1.)Name: Si LVta- Address: i 7 s u Dawe? -3/- /5- 2.) S 2.) Name: k / r -'L wGY�.`.W U✓/ Date: T3i�s Address: / h 3.) Name: A-V to 1"uGCTG Dater 3 t L Address: 20 0 4.)Name: 'SA—q'tNo QArc#e. * Address: to to k N SA-- 5) Name: li-i �n (i(✓ l 6.�cN -VIA Address: _ 6.) Name: �OLDri d� Address: Date: J g Date: Date'��l�S Policy Declarations A summary of your homeowners insurance coverage Thank you for insuring with us. Here is your renewal homeowners policy summary, which is Insured Location Named Insured at Insured location. Same as Mailing address above Premium Summary effective as of 03/06/2015. For definitions of INSURANCE. INFORMATION Plus "" $ 538.00 Named Insured Policy Number $ Jenny Pen Bell H37-268-034825-70 Total 12 Month Policy Premium Johnny Bell 538.00 Mailing Address Pan, Period premium. Please 115 N St 03/062015-03/06/2016 12:01AM more details. Bakersfield CA 93304-3139 standard time at the address of the Insured Location Named Insured at Insured location. Same as Mailing address above Premium Summary INSURANCES GLOSSARY For definitions of Standard Policy with Expanded HomeProtector Plus "" $ 538.00 visit LibertyvatuaLcom/ Additional Coverages $ 0.00 Total Standard Policy with Expanded HomeProtector Plus "' Total 12 Month Policy Premium $ 538.00 Your discounts and benefits have been applied to your total policy premium. Please PREMIUM refer to the Discounts and Benefits section for more details. $ 0 Forgery Coveraae Information I Standard Policy with Expanded HomeProtector Plus n I Section I Coverages LIMITS. PREMIUM A. Dwelling with Replacement Cost $ 229.800 B. Other Structures on Insured Location $ 22,980 C. Personal Property with Replacement Cost $ 172,350 D. Loss of Use of Insured Location Actual Loss Sustained Section. 11 Coverages Lilvrt Mutual QUESTIONS ABOUT YOUR POLICY? By phone For service. 1-BOOd25-8285 Liberty Mutual PO Box 970 4 Mishawaka IN. 46546 To report a claim By phone 1 800-2252467 Online UthertyMotual, com/Claims Your policy includes HomeProtector Plus, which provides enhanced coverage incase of a loss. Please see yon, endorsement for details. E, Personal Liability (each occurrence) $ INSURANCES GLOSSARY For definitions of 1,000 insurance terms, please Policy Deductibles visit LibertyvatuaLcom/ insuranw glossary. Your policy includes HomeProtector Plus, which provides enhanced coverage incase of a loss. Please see yon, endorsement for details. E, Personal Liability (each occurrence) $ 300,000 F. Medical Payments to Others (each person) $ 1,000 Policy Deductibles Lasses covered under Section I are subject. to a deductible of $1,000 Total Standard Policy with Expanded HomeProtector Plus "' $ 538 Additional coverages DEDUCTIBLE LIMITS PREMIUM Credit Card, Fund Transfer Card, $ 1,000 $ 0 Forgery Backup of Sewer and Sump Pump $ .5,000 INCL Overflow Coverage Education Coverage End $. 50 $ 5,000 INCL Green Upgrade and Recycling $ 25,000 INCL Coverage Loss Assessment Coverage $ 10,000 INCL FMHO 304706 11 Policy Number: H37-268-034825-70 5 3 Declarations Effective: 03/06/2015 Pagel of 3 s++ surKIE-2- F6" \.nc- MARK FICK. P.E. ASSISTANT BUILDING DIRECTOR BUILDING DEPARTMENT DEVELOPMENT SERVICES PHONE (661)326-3790 1715 CHESTERAVENUE FAX (661(852-2132 BAKERSFIELD, CA 93301 muck@ bakersflEdCity. us Pu pJk��. I or ly +5lAt ' U''Y (9 PLANNING DEPARTMENT STAFF REPORT TO: Chair and Members of the Board of Zoning Adjustment FROM:. Jacquelyn R. Kitchen, Planning Director APPROVED-.._ DATE: Oclober 13, 2015 SUBJECT: Nle No, 15-0388 - Zoning modification to construct 7 -foot tall masonry walls along the side and rear properly lines where the maximum permissible height is 6 feet (I 7.08.180.A) and to legalize an existing 6 -foot tall masonry wall within the front yard setback where the maximum permissible height is 4 feet (17.08.180.6) on a lot developed with a single-family residence in an R-3 (Multiple -Family Dwelling Zone) district. APPLICANT 8 OWNER: Johnny Bell 1115 N Street I Bakersfield, CA 93304 LOCATION: 115 N Street I Bakersfield, CA 93304 1 APN: 010-321-16 W l f-1 1 1 F-, k. r - VP_ 1 I -E.: r r L, I I 1 I 1 I F- I BRUNDAGE,LN _ - - - - Adopt resolution and suggested findings, APPROVING Zoning Modification No. 15-0388 as depicted in the project description and subject to the listed conditions of approval. ,x Page 1 5:\BUJPftVAOD\2015\i5-0388 r IS N Sf oMTeigl,twolkm RJ\8SA Sb(fFeporf JKEpcx PROJECT ANALYSIS Proposed Project. The applicant is requesting approval of zoning modification to construct 7 -foot tall masonry walls along the side and rear property lines where the maximum permissible height is 6 feet (I 7.08.I80.A) and. to legalize an existing 6 -foot tall masonry wall within the front yard setback where the maximumpermissible height is 4 feet (•17.08.180.8) on a. lot developed with a single-family residence in an R-3 (Multiple -Family Dwelling Zone) district (see "Figure 1; Site Photos" below). The property to the north is developed with an multiple -family residential complex, properties to the south are developed with single-family residences and a residential triplex, the property to the west is developed with a residential triplex, and the properties to the east are developed with single-family residences (See Table 1, Surrounding Land Uses, below). Table. 1. S undina Land Uses Location General Plan Designation Zoning District Existina Land Use SITE HR R-3 Single-family residence North HR R-3 Multiple -family residential South HR R-3 Single-family residences, residential triplex East HR R-3 Single-family residences West HR R-3 Residential triplex GoneralPion KeY .Zone District Key HR: R' hDensi v R.*W nlial RJ: Multi a-Farrily Dwesng Zone As demonstrated by the Site Photos below, a 6 -foot tall masonry wall exists along the entire northern property line which extends into the front yard setback area (where 4 -feet is the maximum permitted height). The applicant indicated that the wall was constructed because a two-story apartment complex was recently constructed on the adjacent property and the wall provides increased privacy and. security. The applicant increased the height of thewall within the front yard setback area from 4 to 6 feet. The applicant has indicated that, since the height of the wall was increased, the problems experienced by the applicant have lessened and that they would like to further increase the height of the 6 -foot wall along the northern property boundary to 7 feet and also construct 7 -foot tall masonry walls along the remaining perimeter of the property to further lessen current and future privacy and safety problems. Therefore, the applicant's request consists of three parts: (1) to legalize an existing 6 -foot tall masonry wall within the front yard along the northern property boundary; (2) to increase the height of the masonry wall along the side -yard portion of the northern property to 7 feet (not Within the 4 -foot front yard maximum area); and (3). to construct new 7 -foot tall masonry walls along the southern property boundary (not within the 4 -foot front yard maximum area) and along the western rear -yard property boundary (see "Figure 2, Site Plan" below). It is noted that the wall associated with parts (1) and (2) of the request extends into the public right-of-way for N Street. This modification is not applicable to the portion of the wall within the ROW; and in order to legally retain this portion of the wall, the applicant must obtain an encroachment permit from the Public Works Department. n,,/,Zlb, r/I Page 2 F: NZ,I .5'/'N.NOO YLt / c,gNry //s,y,5y nvn4e,ALrxdtr m &] NZASul/Nvp rLlK+4vs FIGURE 1,. SITE PHOTOS FIGURE 2, SITE PLAN , B7-1�nN,m 5/'ILVwl Page 3 .C1; N% 1 OD 3UIJ 1.1113. 111, midG Ur N3 NZA.VrIIJ Helwrr ✓ANn:r u ftP.wd ]-mot mfl (oWdde had zeMacq Extdin ggg� 6 -mot vmN (whhm haM PROJECT SITE pM $ z hopaud Ataot watl (ovbMe frets SNback , B7-1�nN,m 5/'ILVwl Page 3 .C1; N% 1 OD 3UIJ 1.1113. 111, midG Ur N3 NZA.VrIIJ Helwrr ✓ANn:r PUBLIC NOTIFICATION, ENVIRONMENTAL REVIEW AND DETERMINATION Public notice for the proposed project and environmental determination was advertised in The Bakersfield. Californian and posted on the bulletin board in the City of Bakersfield Community Development Building; 1715 Chester Avenue; Bakersfield, California. All property owners within 300 feet of the project site were notified by United States mail on October 2, 2015 regarding this public hearing in accordance with city ordinance and state law. This project has been found to be exempt from the. provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures in accordance with Section 15305(a) because the project represents a minor modification of a zoning regulation. A Notice of Exemption has been prepared. PAST MODJFCATION REQUESTS FOR INCREASED WALL HEIGHT Table 2 identifies wall and fence height modifications approved by your Board since 2009 and demonstrates that your Board has granted a limited number of modifications for fence excess heights where specific conditions warrant the project. It is relevant to note that front -yard fences in excess of 4 -feet have only been. allowed in limited circumstances where: (1) the fences were made from material that is visually transparent (such as chain link or wrought iron) that would not "wall off" or block the visibility from the abutting streets; (2) the fence/wall was associated with a larger multi -family apartment complex that has a large frontage area; or (3) when the fence/wall was to secure or screen a non-residential facility (such as. utility infrastructure). Table 2. Approved Wall and Fence Height Modifications: 2009-2015 File No. Development T Project Description e 15-0169 Condominium Side yard = 6 -foot block with 2 -foot wrought iron Com lex Front & Rear yard= 8 -foot wrought iron around complex 14-0277 Single -Family Rear & Side yard = 7 -foot, 2 -inch tall walls Residence 13-0382 Apartment Front yard = 6 -foot tall wall (Surrounding 224 -unit apartment -Complex com lex adjacent to major streets in West Min 12-0452 Water Pump Front yard = 6-1-00t tall fence (6 -foot chain link fence to surround Station California Water Company facilities 12-0260 Apartment Side yard = 6 -toot, l0 -inch tall walls Complex 12-0094 Condominium Front & Side yard = 8 -foot tall fences (Wrought iron fence to Complex surround existing community pool on corner lot 11-0476 Apartment Front yard = 7 -foot tall fence (7 -foot wrought iron fence to Complex surround 56 -unit apartment complex) 11-0375 Water Well Rear & Side yard = 6 -foot, 8 -inch tail walls FaciI 09-0613 Single -Family Front yard= 6 -foot wood fence in portion front yard that is. also a Residence side yard due to man le-sha ed lot r..,,,—/h,- "" Page 4 J: B7.4 SPk.110/1211111X141.115.{•pl nveilm,�hl nnlL ui M3 N/_{.\YM/Qeryur./AJ.v[ g STAFF ANALYSIS AND RECOMMENDATION Section 17.64.060.B contains specific findings that must be made in order for your Board to approve the requested modification, Specifically, the section states that: A modification shall be granted only when it is found that: 1. The granting of such modification would not be materially detrimental to the public welfare, nor injurious to the property or improvements in the zone or vicinity in which the project is located; and 2. The granting of the modification is necessary to permit an appropriate improvement or improvements on a lot or lots, including but not limited to, modification of such regulations for some or all lots within a subdivision to facilitate zero -lot -line or other atypical subdivision development; and 3. The granting of the modification would not be consistent with the purposes and intent of Title 17 of this code. Section 17.64.060.D also states that a. modification may be subject to such conditions as deemed appropriate or necessary to assure compliance with the intent and purpose of the zoning regulations and the various elements and objectives of the general plan and applicable specific plans and policies of the city or to protect the public health, safety, convenience, or welfare. As noted above, the proposal consists of three parts: (1) to legalize an existing 6 -foot tall masonry wall within the front yard along the northern property boundary; (2) to increase the height of the masonry wall along the side yard portion of the northern property to 7 feet (not within the 4 -foot front yard maximum area); and. (3) to construct new 7 -foot tall masonry walls along the southern property boundary (not within the 4 -foot front yard maximum area) and along the western rear -yard property boundary (see "Figure 2, Site Plan" below). With regard to part I of the request (retain existing 6 -foot block wall in front yard), Staff finds that this can be supported for the following specific reasons: 1. The existing 6 -foot wall is within the side yard between two legal lots and does not parallel the front property line. Therefore, when viewed from N Street, there is no visual obstruction of the front yard or the front of the residence (see "Site Photo" on page 2). 2. No safety, aesthetic, or clear sight view issues associated with the proposal have been identified. 3. The .single-family home and the multi -family apartment complex are within close proximity to one another (5 feet from the common property line) and the increased wall height may provide added privacy to the applicant. With regard to parts 2 and 3 of the request (7 -foot walls in the side -yards and rear -yard), Staff finds that the information in Table 2, along with the evidence submitted by the applicant, demonstrate that the request can be supported. r,a,,,,.,ln,.: rq Page S NZl 11T MI 19.u3xe 115N.V or,.d.,yJrt un/b o, 11-3 WA ..J1 R,19..1- In accordance with the required findings, Staff finds that the proposal would not be detrimental to the public welfare, the modification is necessary to permit appropriate improvements on the subject property, and the granting of the modification would not be inconsistent with the purposes. and intent of the Bakersfield Zoning Ordinance. The reason for the request isto increase current and future privacy and safety. No safety, aesthetic, or clear sight view issues associated with the proposal have been identified. Therefore, in light of the close proximity of the two-story apartment buildings on the abutting property and the privacy and safety problems experienced by the applicant, the granting of the request is considered by Staff to be appropriate and Staff recommends approval, subject to the recommended conditions of approval. ATTACHMENTS: Draft resolution with exhibits /Ya'pnmdhr A/, rage 6 A: HZA d'l'N AIUD IO/S ISS;tA'.t p5 A'F,nrcdm,AlrtardU m RJ RESOLUTION NO. 15 - RESOLUTION OF THE BAKERSFIELD BOARD OF ZONING ADJUSTMENT APPROVING A ZONING MODIFICATION TO CONSTRUCT 7 -.FOOT TALL MASONRY WALLS ALONG THE SIDE AND REAR PROPERTY LINES WHERE THE MAXIMUM .PERMISSIBLE HEIGHT IS 6 FEET (17.08.180.A) AND TO LEGALIZE AN EXISTING 6 -FOOT TALL MASONRY WALL WITHIN THE FRONT YARD SETBACK WHERE THE MAXIMUM PERMISSIBLE HEIGHT IS 4 FEET (17:08.180.8) ON A LOT DEVELOPED WITH A SINGLE-FAMILY RESIDENCE IN AN R-3 (MULTIPLE -FAMILY DWELLING ZONE) DISTRICT LOCATED AT 115 N STREET. (ZONING MODIFICATION NO. 15-0388) WHEREAS, Johnny Bell filed an application with the City of Bakersfield Community Development Department requesting a zoning modification to construct 7 -foot tall masonry walls along the side and rear property lines where the maximum permissible height is 6 feet (I 7.08.180,A) and to legalize an existing 6 -foot tall masonry wall within the front yard setback where the maximum permissible height is 4 feet (17.08.180.6) on a lot developed with a single-family residence in an R-3 (Multiple -Family Dwelling Zone) district located at 115 N Street (the "Project"); and WHEREAS, the Secretary of the Board of Zoning Adjustment set Tuesday, October 13, 2015, at 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 the Board of Zoning Adjustment to consider the proposed conditional use permit, and notice of the public hearing wasgiven in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, at the public hearing (no testimony was received either in support or opposition of the Project) (testimony was received only in support/opposition/both in support and 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 15305(a); and WHEREAS, the City of Bakersfield. Community Development Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and WHEREAS, the facts presented in the staff report and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: 1.. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in The Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing.. 2. The provisions of CEQA, The State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposalis a project that is categorically exempt from CEQA pursuant to Section 15305(a) because the project represents a minor modification of a zoning regulation. 3. The granting of the modification is necessary to permit an appropriate improvement on the subject property. The granting of the modification will not be materially detrimental to the public's health and safety, or injurious to the property or improvements in the zone or vicinity in which the subject property is located. 4. The proposal, as designed and conditioned, is consistent with the goals and objectives of the Metropolitan Bakersfield General Plan and the granting of the modification would not be inconsistent with the purposes and intent of Title 17 of the City of Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Board of Zoning Adjustment as follows: I. The above recitals, incorporated herein, are true and correct. 2. This project is exempt from the requirements of CEQA. 3. Zoning Modification No. 15-0388 as described in this resolution, is hereby approved subject to The conditions of approval in Exhibit A and as shown in Exhibits B and C. 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 October 13, 2015, on a motion by Member by the following vote: AYES: NOES: RECUSE: ABSTAIN ABSENT: APPROVED THEODORE D. WRIGHT, CHAIR City of Bakersfield Board of Zoning Adjustment Exhibits: A. Conditions of Approval B. Location Map C. Site Plan EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CONDITIONS OF APPROVAL Zoning Modification No. 15.0388 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 shalt 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 itis 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 approvalshall 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 fights 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. 11. The following conditions shall be satisfied as part of the approval of this project: I 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, itsofficers, 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. wt; U' g�S,gw��Z �. .$$PPM o a —mg Cs'o Ssw EM9 p f 1SdS 15N: t_ �p naiasnei .1 W W — I Q 3AV 1131b�„ W O x� e m V V iso �- l igL_ El 3AV H3133H� S 3 ZONING MODIFICATION 15-0388 Proposed 7 -toot wall (outside front setback) Existing 6-footwall PROJECT SITE (within front setback) Z z Proposed 7 -bot wall (outside front setback S A R E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: John Ussery, Engineer III FROM: Bob Wilson, Supervisor II, Subdivisions DATE: August 31, 2015 SUBJECT: Encroachment Permit Application for: 115 N Street Name of Applicant: Johnny Bell Description of Encroachment: Existing 56" tall concrete block wall located in the font separating their residence with a 2 story new apartment complex. Please review the attached encroachment permit and return to me at your earliest convenience. oj�" fwoM VN01C 5" /N \Vt111 - 144 I-Avl 3 VERMITS\ENGR0AGH\TRAFFIG\115 N Stdac • I -A- h E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Jena Covey, Risk Manager -T FROM: Bob Wilson, Supervisor II, Subdivisions DATE: August 31, 2015 SUBJECT: Encroachment Permit Application for: 115 N Street Name of Applicant. Johnny Bell Description of Encroachment: Existing 56" tall concrete block wall located in the front separating their residence with a 2 story new apartment complex. Please review the insurance certificate with the attached encroachment permit and return to me at your earliest convenience. S'.\PERMITS\ENCROACHUNSURANCE\115 N St.doc