HomeMy WebLinkAboutRES NO 049-08
RESOLUTION NO. ...D....4.S-.:: 8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
DENYING AN APPEAL BY DAVID GAY OF THE BOARD OF ZONING
ADJUSTMENT'S APPROVAL OF A CONDITIONAL USE PERMIT (FILE NO.
07-2183) TO OPERATE A 5,485 SQUARE FOOT RETAIL JEWELRY STORE
IN A C-O/P.C.D. (PROFESSIONAL AND ADMINISTRATIVE OFFICEI
PLANNED COMMERCIAL DEVELOPMENT) ZONE DISTRICT LOCATED AT
9700 BRIMHALL ROAD.
WHEREAS, a conditional use permit (File No. 07-2183) was requested by Carl M.
Saenger represented by David Y. Milazzo, AlA to operate a 5,485 square foot retail jewelry store in
a C-O/P.C.D. (Professional and Administrative Office/Planned Commercial Development) zone
district located at 9700 Brimhall Road as shown on Exhibits "A" and "B"; and
WHEREAS, the Board of Zoning Adjustment through its Secretary set Tuesday,
December 11, 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, a public hearing was held before the BZA on said date, and testimony
was received both in support and opposition of the project at that time; the requested conditional
use permit was granted by the BZA on January 17, 2008; and
WHEREAS, a timely appeal was filed by David Gay 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, February 27,2008 and Wednesday, March 12,2008 on the appeal of
Conditional Use Permit No. 07-2183, 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 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, the Board of Zoning Adjustment, and the City Council; and
WHEREAS, the above described project is exempt from the requirements of CEQA
in accordance with Section 15303; and
WHEREAS, the City Council considered during the hearing, all facts, testimony and
evidence concerning 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. 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.
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B. The provisions of CEQA and City of Bakersfield CEQA Implementation
Procedures have been followed. Staff determined that the proposed activity
is exempt from CEQA pursuant to Section 15303, because it consists of the
conversion of less than 10,000 square feet of an existing commercial
structure from one use to another with no exterior modifications in an
urbanized area.
C. The proposal is desirable to the public convenience in that it provides a
suitable location for a highly respectable small business which has been in
existence in Bakersfield since 1898.
D. The proposal is consistent with the goals, objectives and policies of the
Metropolitan Bakersfield General Plan. The OC (Office Commercial) land use
designation accommodates the de\elopment of business and professional
office uses as well as specialty retail uses.
E. The City Council hereby denies the appeal and upholds the decision of the
Board of Zoning Adjustment.
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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 MAR 1 2 200R
by the following vote:
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ABSTAIN:
ABSENT:
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CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
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COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
,CMC
CITY CLERK and Ex cio Clerk of the
Council of the City of akersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
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Exhibit A: Location Map
Exhibit B: Site Plan
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EXHIBIT B
CONDITIONAL USE PERMIT NO. 07-2183
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