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HomeMy WebLinkAboutRES NO 72-96RESOLUTION NO. 7 g ' ~} 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD OVERTURNING THE BOARD OF ADJUSTMENT'S DECISION TO DENY A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY FOR ALCOHOL AND DRUG RECOVERY THAT SERVES 8 PEOPLE, AND OVERTURNING THE BOARD'S DECISION TO DENY A MODIFICATION OF THE SIDE YARD SETBACK REQUIREMENT FROM 5 FEET TO 2 FEET TO ALLOW CONVERSION OF THE GARAGE TO HABITABLE SPACE. (FILE #P96-0222) WHEREAS, VICTOR LOZA filed a written application with the Board of Zoning Adjustment of the City of Bakersfield requesting a Conditional Use Permit to allow a residential care facility for alcohol and drug recovery that serves 8 people, and a Modification of the side yard setback requirement from 5 feet to 2 feet to allow conversion of the garage to habitable space (bedroom and office) in an R-1 (One Family Dwelling) zone district on property located at 6575 Betty Street; and WHEREAS, said Board of Zoning Adjustment through its Secretary set April 23, 1996, at the hour of 3:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public hearing before said Board on said application, and notice of said hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, at said hearing held April 23, 1996, the application was duly heard and considered, and the Board of Zoning Adjustment denied the permit. WHEREAS, a timely appeal was filed by Chip Jones on behalf of the applicant with the Clerk of the City Council; and WHEREAS, the City Council through its Clerk set June 26, 1996, at the hour of 7:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public hearing before said Council on said appeal, and notice of said hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, at said hearing held June 26, 1996, the appeal was duly heard and considered, and the City Council made the following findings: 1) The proposed use is essential and desirable to the public welfare. The residential care facility will provide a needed service to the community by allowing individuals to live in a residential setting which will enhance their rehabilitation efforts. -2- 2) The proposed use in harmony with the goals, objectives and policies of the Metropolitan Bakersfield 2010 General Plan. The facility will be operated to retain the residential character of the home and neighborhood. 3) The proposed use is consistent with the intent and purpose of the City of Bakersfield's Zoning Ordinance within a residential setting. 4) The granting of the setback 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. Fire and Building Code regulations will be required to be satisfied to ensure compliance with minimum health and safety issues. 5) The approval of the setback modification is necessary to permit an appropriate improvement on the site. The garage conversion will enable the residential care facility to operate in a more efficient manner. 6) The approval of the setback modification is consistent with the purpose and intent of the City of Bakersfield's Zoning Ordinance and the Metropolitan Bakersfield 2010 General Plan. 7) Public notice has been given pursuant to both city and state regulations. 8) The provisions of CEQA and the city's environmental implementation procedures have been followed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD that the decision of the Board of Zoning Adjustment is hereby overturned. The conditional use permit for a residential care facility is hereby approved for a maximum of seven people and the setback modification is hereby approved as requested, subject to the conditions in Exhibit "A". .......... 000 .......... -3- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City &Bakersfield at a regular meeting thereof held on ,10N 2 6 1~ , by the following vote: AYES: cOUNCILMEMBER DeMOND, CARSON, S/~11,~,/M//c~ERMOTI', ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSEN~ COUNCILMEMBER Acting CIT¥ CLER~ and EX OF~CIO CLER~ of the Council of the City of Bakersfield APPROVED JUN 2 $ ~ BOB PRICE, MAYOR of the City of Bakersfield APPROVED as to form: of the City of Bakersfield p:p96222cc.res iw EXHIBIT "A" CONDITIONS OF APPROVAL Conditional Use Permit No. P96-0222 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 reqaired 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 promises shall be used for the purposes applied for under this approval. This approval shall automatically be null and void one (1) year after the effective datu unless the applicant or successor has actually commenced us~ of or construction of what was authorized; or if the use is discontinued or abandoned for a p©riod of one ( 1 ) year or more. This time can be extended or conditioned for a longer period if approved by the BZA or City Council. The BZA or City Council may revisit a conditional use permit or modification to add or amend any conditions if them is sufficient cause. indudins but not limited to, complaints regarding the project, or that the conditions are not adequate for the intended purpose. The Planning Director may initiate revocation of the rights granted if there is good cause, including but not limited to, failure to comply with conditions or complete construction, or the violation by th© owner or tenant of any provision of the Bakersfield Municipal Code p~rtaining to the premises for which the approval was granted, subject to S~tion 17.64.070 H. Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. The following conditions, as required at the discretion of the BZA, shall be satisfied as part of the approval of this project: The maximum number of people that can reside at the home shall not exceed 7 (any combination of clients and staff). One staff member shall be at the home at all times as long as the residential care facility is in operation. Occupants of the home shall be permitted to park two vehicles in the driveway or on the church's parking lot adjacent to residence. Occupants of the home shall not be permitted to park in the street. The applicant shall record an agreement with the neighboring church that allows occupants and guests of the residential care facility to park in the chumh's parking lot. A copy of this recorded agreement shall be submitted to the Planning Department prior to final occupancy of the converted garage. All regulations of the Uniform Building Code and the Uniform Fire Code regarding building construction, handicap accassibility, and fire safety shall be satisfied. The applicant shall be required to pay all required impact fees and permit costs associated with this project at the time building permits are issued.