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Home My WebLink AboutRES NO 180-07 RESOLUTION NO. 1 8 0- 0 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD DENYING AN APPEAL BY THE PROPERTY OWNER, MACARIO HERNANDEZ, AND UPHOLDING THE DECISION OF THE BOARD OF ZONING ADJUSTMENT DENYING A CONDITIONAL USE PERMIT TO PERMIT THE OPERATION OF A LANDSCAPING BUSINESS, INCLUDING OUTDOOR STORAGE OF UP TO SIX VEHICLES, TRAILERS, EQUIPMENT AND LANDSCAPING MATERIALS ON A SINGLE FAMILY RESIDENTIAL PROPERTY IN R-S (RESIDENTIAL SUBURBAN) AND R-110K (ONE FAMILY DWELLING - 10,000 SQ. FT. MINIMUM LOT SIZE) ZONE DISTRICT LOCATED AT 3649 HOSKING AVENUE. (FILE NO. 07-1044) WHEREAS, a conditional use pennit (File No. 07-1044) was requested by Macario Hernandez to permit the operation of a landscaping business, including outdoor storage of up to six vehicles, trailers, equipment and landscaping materials in R-S (Residential Suburban) and R-1 10K (One Family Dwelling - 10,000 sq. ft. minimum lot size) zone districts, located at 3649 Hosking Avenue as shown on Exhibit "A"; and WHEREAS, the Board of Zoning Adjustment (BZA) through its Secretary set Tuesday, July 10, 2007, at the hour of 3:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place br a public hearing before them on said project, and notice of their hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, correspondence and testimony was given at the BZA hearing from adjacent property owners, both in support of and in opposition to the proposed conditional use permit. After consideration of staff's recommendation and receiving testimony from the public, the BZA denied the conditional use pennit adopting the findings contained in Resolution 07-32; and WHEREAS, a timely appeal was filed by Macario Hernandez objecting to the BZA's decision with the Clerk of the City Council; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Title Seventeen of the Municipal Code of the City of Bakersfield, conducted and held a public hearing on Wednesday, August 29,2007, on the appeal of Conditional Use Pennit No. 07-1044, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the City Council considered during the hearing, all facts, testimony and evidence conceming the project, including the staff report, deliberation and action by the BZA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: A. Based upon correspondence submitted prior to the BZA hearing from neighborhood residents and testimony received during the BZA hearing, the proposed use is neither essential nor desirable to the public convenience or welfare. The proposed business would introduce a commercial operation whose intensity and nature is incompatible with the surrounding single-family residential neighborhood. B. The proposed use is not in harmony with the various elements and objecti~r>.Kc~\f' of the Metropolitan Bakersfield General Plan. ;: -< I- o ORIGI~. C. The proposal is not consistent with the purpose and intent of the City of Bakersfield Zoning Ordinance and does not comply with the minimum required codes, policies and standards for development adopted by the City Council. D. The City Council hereby denies the appeal and upholds the decision of the Board of Zoning Adjustment. ----------000--------- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~IIO 2 9 2007 by the following vote: ~ NOES: COUNCILMEMBER dR~TA'O COUNCILMEMBER ABSENT: COUNCILMEMBER ~......--- .......--,...-....-- .....---- COUNCILMEMBER CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER ~'l"- ~Lt.d\ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio erk of the Council of the City of Bakersfield APPROVED APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~m~1: Exhibit A: Conditional Use Pennit ocation Map PH - S:\BZA_SPR\CUP\2007\07-1044 3649 Hosking landscap bus\CC Resolution.doc - 2 - ~ <o"'Kc~ () ~ ;::.... - I- rn _ ro- (.) c::; ORIGINAL EXHIBIT A CONDITIONAL USE PERMIT LOCATION MAP ~ <o,..kc-? C> ~ ;::.... .." I- m - r- (.) t;) ORIGINAL (j u l ~ J IGHTING IRISH DR ~WGl:JR~ ~ en ~ .. ): ~ C " m m ~ ::j m ~ ~ ~ m ~ ~ C ~ ? m ~ m ::t o en " Z G> ~ m ~ lil ~ ~ AKERS RO [ ~ '-I m " ~ .. .. o > z -< o z c " () o z o - -i - o z )> r C en m "1J m ;0 s:: - -i o ~ I ~ o ~ ~ ~C/) ~O O~ :tIO a;fR ~~ ~ ~ ~ ~ ~ (; ;><: NOR JJ en Z G> !! In ~ a z ~ m ~ z C ::t > s: ~ m ~ (; ;><: NORMANTON DR ~ ~ c ~ -f ~ m ~ 0) ~ ~ W 01 ~ ::t o en " Z G> ~ m (; '" ~ l' ..... ..... o " en in " ~ s: ~ ~ en c " ~ ~ (; ;><: 2 WIBLE RD ~ ~ ~ 17 LIBBY CT o ~ (j .... 0 o en '" - I Sl ;;C " ~ ;s: ....... m - I\) U1 gt ~~z w -..j U1 ~ <oAk~1> a ~ ;::.... - I- rn (.) S ORIGINAL ~ .. m ~r ~ -n~ Cl> $. RESOLUTION NO. 07-32 RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD DENYING A CONDITIONAL USE PERMITTO PERMIT THE OPERATION OF A LANDSCAPING BUSINESS, INCLUDING OUTDOOR STORAGE OF UP TO SIX VEHICLES, TRAILERS, EQUIPMENT AND LANDSCAPE MATERIALS, ON A SINGLE-FAMILY RESIDENTIAL PROPERTY. (FILE NO. 07-1044) WHEREAS, Macario and Maria Amabely Hernandez, filed an application with the City of Bakersfield Planning Department requesting a conditional use permit to allow the operation of a landscaping business, including outdoor storage of up to six vehicles, trailers, equipment and landscape materials, on a single-family residential property in R-S (Residential Suburban) and R-1 10K (One-Family Dwelling-10,OOO sq. ft. minimum lot size) zone districts; and WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY,July 10, 2007 at the hour of 3:00 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and pla:e for a public hearing before them on the proposal, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, a public hearing was held before the Board of Zoning Adjustment onsaid date, and testimony was received 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 folllWed 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 15061 (b)(3); and WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue,Bakersfield, California) is the custodian of all documents and other materials upon which approval of the environmental determination is based; and WHEREAS, the facts presented in the staff report, initial study, and evidence received both in writing and by verbal testimony at the above referenced public hearing(s), support the findings contained in this resolution; and WHEREAS, at the above mentioned public hearing(s), the proposal was heard and all facts, testimony and evidence was considered by the BCBrd of Zoning Adjustment, and they made the following findings regarding the proposed project: 1. All required public notices have been given. Hearing notices regarding the proposed project were mailed to property owners within 300 feet of the projectarea and published in a local newspaper of general circulation 10 days prior to the hearing. 2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposed adivity is exempt from CEQA pursuant to Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the proposed activity may have a significant effect on the environment pursuant to the provisions of CEQA S:I/iZASPRIClfPI2007107.IOU 3649 Hoskmg land,eap huslRESOLlfTION.doc ". ~"'kC.L\ c)' '{p ;::.... ~ I- m - r- (.) 0 ORIGINAL 3. The proposed use is neither essential nor desirable to the public convenience or welfare. The proposed business would introduce a commercial operation whose intensity and nature is incompatible with the surroundingsingle-family residential neighborhood. 4. The proposed use is not in hannony with the various elements and objectives of the Metropolitan Bakersfield General Plan. 5. The proposal is not consistent with the purpose and intent of the City of Bakersfield's Zoning Ordinance and does not comply with the minimum required codes, pdicies and standards for development adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. That this project is exempt from the requirements of CEQA. 3. That Conditional Use Permit No. 07-1044 as described in this resolution, is hereby denied. On a motion by Board Member Burns, the Board of Zoning Adjustment approved this resolution by the following rdl call vote: AYES: Burns, Zaragoza, La Rochelle NOES: ABSENT: I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Board of Zoning Adjustment of the City of Bakersfield ata regular meeting held on the 10th day of July, 2007. DATED: July 10, 2007 CITY OF BAKERSFIELD BOARD OF ZONING ADJUSTMENT , U( Vince Zaragoza, S;VjZA, SI'RICUP\2007107-I044 3649 Hosking land,eap hu.,IRF-SOLUTlONdoc 2 ~ <o"'kc~ () ~ ;::.... = I- m - F (.) ~ ORIGINAL