HomeMy WebLinkAboutRES NO 124-98RESOLUTION NO. I 14 - g 8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD UPHOLDING THE BOARD OF ZONING
ADJUSTMENT'S DECISION TO DENY A COND(ITIONAL USE PERMIT
TO ALLOW 7,680 SQUARE FEET OF PORTABLE METAL STORAGE
CONTAINERS (24 CONTAINERS) WHERE ONLY 400 SQUARE FEET
ARE PERMITTED BY RIGHT IN A C-2 (REGIONAL COMMERCIAL)
ZONE DISTRICT AT 2300 WHITE LANE. (P98-0514)
WHEREAS, WaI-Mart, Inc., filed an application with the City of Bakersfield
Planning Department requesting a conditional use permit (P98-0514) to allow 7,680
square feet of portable metal storage containers (24 containers) where only 400 square
feet are permitted by right in a C-2 (Regional Commercial) zone district. These
containers are proposed to be used for a temporary period from September 1 st through
January 3rd each calendar year (125 days). The property is located at 2300 White
Lane; and
WHEREAS, said Board of Zoning Adjustment through its Secretary set Tuesday,
August 18, 1998, 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 August 18, 1998, the application was duly
heard and considered, and the Board of Zoning Adjustment denied the conditional use
permit; and
WHEREAS, the applicant, WaI-Mart, filed a timely appeal, objecting to the
denial with the Clerk of the City Council; and
WHEREAS, the City Council through its Clerk set September 23, 1998, 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 September 23, 1998, the appeal was duly
heard and considered.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD that the decision of the Board of Zoning Adjustment denying said
conditional use permit is hereby upheld and the appeal is denied.
.......... o0o ..........
-2-
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted b the C uncil of the City of Bakersfield at a regular meeting thereof held on
~ I $ Yg~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmember Demond, Camon, Smith, McDermott, Rowles, Sullivan, Salvaggio
Councilmember /'~0 ~6
Councilmember ~ 0 I~. 8.
Councilmember /~ 0 ~ 8-
APPROVED: ~ I I ~
B R
CITY OF BAKERSFIELD
CITY CLERK and EX OFFICIO CLERK
of the Council of the City of Bakersfield
APPROVED as to form:
ROBERT SHERFY, CHIEF ASSISTANT CITY ATTORNEY
By:
walmart_appeal_res.wpd
I)R G[NAi
EXHIBIT A
CONDITIONAL USE PERMIT
P98-0514
R-S-1A
F'L 0ABALLO AV.
R-S-1A
EL BERREr
AV.
R-S-1A
LOS CANERO~,~
PL.
C-2
C-2
C-2MH
-1
R-2
D
R-1
CH
R3D I R1 { R2D IR2~
R-1
JULIAN
:rJ'lL i R-1
(.)
R 1 ¢~
R-3-D R-3-D
C-2 z3 ~ C-2
C-2
C-2
WHITE LANE
/
/
_/
/
/,
M-1 /
/
/
/M- /
/ /
/
/ R-2
/
/
/
/
/
/
R2 I R-S
R-1
AV. ~ -----
VINCENT AV.
T
R3) R-1
D IR1 R-1
'
I
L R-1
M-1
/
4-1/
D/
/ z
,/,,, C-2
/ \
\ -
N
o 400
'SCALE IN FEET'
13
T30S, R27E
99702
~,'~l'~,~/, -