HomeMy WebLinkAboutRES NO 8-00RESOLUTION NO. 8 "' 0 0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING AN APPEAL BY JIM MARINO REPRESENTING
GURUDWARA SAHIB OF BAKERSFIELD, INC. OF THE BOARD OF ZONING
ADJUSTMENT'S DECISION TO DENY A MODIFICATION TO ALLOW A
6-FOOT HIGH FENCE IN THE FRONT YARD ON PROPERTY LOCATED AT
1925 PLANZ ROAD. (P99-0741)
WHEREAS, Gurudwara Sahib of Bakersfield, Inc. filed a modificaiton (File No.
P99-0741 ) to allow a 6-foot high fence in the front yard where 4 feet is the maximum height, on
property located in an R-S (Rural Suburban) zone district at 1925 Planz Road; and
WHEREAS, said Board of Zoning Adjustment through its Secretary set Tuesday,
November 9, 1999, 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 which was continued to December 14, 1999, the application
was duly heard and considered, and the Board of Zoning Adjustment denied the request; and
WHEREAS, a timely appeal was filed by Jim Marino representing the applicants
objecting to the BZA's denial with the Clerk of the City Council; and
WHEREAS, the City Council through its Clerk set January 26, 2000, 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, the applicant amended the proposal to relocate the fence to an intermediate
location in the front yard; and
WHEREAS, at the above mentioned public hearing(s), the proposal was heard and all
facts, testimony and evidence was considered by the Council, 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.
The provisions of CEQA and City of Bakersfield CEQA Implementation
Procedures have been followed. Staff determined that the proposed activity is a
project and that it is Categorically Exempt from CEQA under Section15305
because the project is a minor alteration to a land use limitation regarding fence
height.
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The Rrantin.q of the proposed 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 subiect property is located. The fence design and location
will not be inconsistent with other fences in the area. It will adequately serve the
needs for security and screening of church patron, but will not adversely interfere
with traffic safety or aesthetics in the neighborhood.
The approval of this modification is necessary to permit appropriate
improvements on the site. The fence is an appropriate improvement for this
development. Its modified height is necessary due to unique circumstances for
the patrons of the church where existing exits need separation and protection
from vehicular traffic from the adjacent street.
The approval of this proposal is consistent with the purpose and intent of the City
of Bakersfield's Zoninq Ordinance and complies with the minimum required
codes, policies and standards for development adopted by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD AS FOLLOWS:
A fence no higher than 6 feet within the front yard area is hereby approved
subject to the following conditions:
The portion of the fence west of the center driveway shall be constructed
with a concrete or concrete block base, 3 courses high (approximately 2-
2½ feet high) with pillars spaced approximately 8 to 10 feet apart. The
space between the pillars shall be a metal grill or lattice type work that
allows partial screening.
The portion of the fence across and east of the center driveway may be
chain-link but no slats shall be allowed.
The fence location (running from the western driveway eastward) shall be
placed so that it runs along the sidewalk in front of the school/office
building (approximately 10 in front of this building). As it approaches the
palm tree, it shall jog 2 feet north (approximately 12 feet from the temple
building) and run to the western edge of the center driveway. It shall turn
south to a point approximately 15 feet from the right-of-way line, then turn
east to the eastern property line. Gates into the site shall also be set back
at the same distance as the eastern portion of the fence (approximately
15 feet from the right-of-way line).
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the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmember Demond,'6e~'ee~-, Couch, Maggard,, '~,.,.,,.,,~, ....... ~.~iva~, Salvaggio
Councilmember ~ AR.'~o ~1 .~
Councilmember ~O~-
Councilmember ~ 0~,..-~ v.-~-- ~
CITY CLERK and EX OFFICIO CLERK
of the Council of the City of Bakersfield
APPROVED: JAN ?~6 7.000
BOB ~q~lCE, M/AYOR
CITY OF BAKERSFIELD
APPROVED as to form:
BART THILTGEN, CITY ATTORNEY