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Home My WebLink AboutRES NO 214-07 RESOLUTION NO. 214-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING A MODIFICATION (FILE NO. 07-1174) TO INCREASE THE HEIGHT OF AN EXISTING 12-STORY OFFICE BUILDING FROM 176 FEET TO APPROXIMATELY 200 FEET TO PERMIT THE CONSTRUCTION OF AN ADDITIONAL STORY IN AN C-O (PROFESSIONAL AND ADMINISTRATIVE OFFICE) ZONE DISTRICT LOCATED AT 5060 CALIFORNIA AVENUE. WHEREAS, Skarphol Associates on behalf of Moreland Corporation, the property owner, requested a zoning modification to increase the height of an existing 12-story office building from 176 feet to approximately 200 feet to permit the construction of an additional story in a C-O (Professional and Administrative Office) zone district located at 5060 California Avenue as shown on Exhibit "B"; and WHEREAS, the Board of Zoning Adjustment (BZA) through its Secretary set Tuesday, August 14, 2007, at the hour of 3:00 p.m., in the Council Chamberof 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 and WHEREAS, at the BZA public hearing said project was duly heard and considered; WHEREAS, Zoning Resolution No. 324, approved by the City Council on October 23, 1985, states that no expansion of structures within the 10.3-acre office complex the subject building is a part of shall be permitted unless a subsequent modification is approved by 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, September 26, 2007, on Modification No. 07-1174, 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 concerning the project, including the staff report, deliberation and recommendation by the BZA. WHEREAS, the Council has considered and concurs with the following findings made by the BZA as set forth in Resolution No. 07-33, adopted on August 14, 2007: 1. 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. 2. 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 Section 15305 because the project represents a minor alteration to a land use limitation (height limit). 3. The granting 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 subject property is located. Compliance with Building Department pe~IlKt".-s> o ~ >- -- I- ~ '0 0 ORIGINAL requirements will ensure the structure satisfies all applicable building and fire code requirements. 4. The granting of the modification is necessary to permit an appropriate improvement on the subject property, consisting of an additional partial story containing approximately 9,000 square feet of usable floor area on an existing 12-story office building. 5. The proposal is consistent with the goals, objectives and policies of the Metropolitan Bakersfield General Plan and with the purposes and intent of the Bakersfield Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: 1. That the above recitals, incorporated herein, are true and correct. 2. That this project is Categorically Exempt from the requirements of CEQA. 3. That the City Council hereby approves Modification No. 07-1174, subject to the conditions of approval contained in Exhibit "A". ----------000--------- -2- <o(:>..Kt".-s> <J ~ >- - I- m _ r- <.) 0 ORIGINAL 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 SEP 2 6 1007 by the following vote: ......--- cmv NOES: ABSTAIN: ABSENT: ~ ......--~ -- 0.------- ...--~ __ COUNCILMEMBER CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~h- tlAY\{LL#6- PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 2 6 ~2001 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney BY:~/J1.~ Exhibit A: Conditions of Approval Exhibit B: Location Map -3- ~ <o(:>..Kt".-s> o ~ >- - I- m _ r- <.) 0 ORIGINAL EXHIBIT A CONDITIONS OF APPROVAL Modification No. 07-1174 I. 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 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 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 it is 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 approval shall automatically be null and void one (1) year 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 rights 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 under the revocation addition to or modification of any conditions if there is sufficient cause, including but not limited to, complaints regarding the project or that the conditions are not adequate for the intended purpose. . Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. II. The following conditions shall be satisfied as part of the approval of this project: 1. 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, its officers, agents, employees, departments, commissioners or 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. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. -1- <o(:>..Kt".-s> <J ~ >- - I- (T1 _ r- <.) 0 ORIGINAL The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. 2. This modification shall authorize an increase in the height of an existing 12-story office building from 176 feet to approximately 200 feet to permit the construction of an additional partial story. 3. The addition shall comply with all building and fire code requirements to the satisfaction of the Building Director and Fire Chief. -2- <o(:>..Kt".-s> <J ~ >- - I- m _ r- l,..) I;;) ORIGINA\" co I- co J: rJS ~ "- ~ ~ I t"- o Z o - ~ () - LL - o o ~ Ql ell (f 8 u. co 0 UJ :; 0 '" r-- :.:: N 0 -:.l~ a:: ~I .... ~0 en 0 Z .... Cj) g 8 N N N I- 0 ci U Cl: 3 ~ Cl: ~ a: z. Cl: ~ I~ Q. cl: a. 0. u.. cl: CI) 0. u.. cl:~ o >- ~FWGINA~