HomeMy WebLinkAboutRES NO 067-01RESOLUTION NO. 0 6 ? ' 0 1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
DENYING AN APPEAL BY MARY BERTOLUCCI TO THE BOARD OF
ZONING ADJUSTMENT'S APPROVAL OF A CONDITIONAL USE PERMIT
TO ALLOW A RESIDENTIAL ALCOHOL AND DRUG
REHABILITATION/RECOVERY FACILITY SERVING UP TO 28 CLIENTS
WITH 2 TO 3 STAFF MEMBERS WITHIN 3 ADJACENT APARTMENT
UNITS IN AN R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ZONE
DISTRICT, AND A MODIFICATION TO ALLOW A REDUCTION IN
REQUIRED OFF STREET PARKING FROM 21 TO 7 SPACES, LOCATED
AT 1605 PACHECO ROAD (P01-0106)
WHEREAS, Mr. Gil Anthony, Executive Director of the Exodus House, filed an
application with the City of Bakersfield Planning Department for a conditional use permit (No. P01-
0106) to allow a residential alcohol and drug rehabilitation/recovery facility serving up to 28 clients
with 2 to 3 staff members within 3 adjacent apartment units in an R-2 (Limited Multiple-Family
Dwelling) zone district, and a modification to allow a reduction in required off street parking from
21 to 7 spaces, located at 1605 Pacheco Road; and
WHEREAS, said Board of Zoning Adjustment through its Secretary set Tuesday,
April 10, 2001, 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 the application was duly heard and considered, and the
Board of Zoning Adjustment approved the request; and
WHEREAS, a timely appeal was filed by Mary Bertolucci objecting to the Board of
Zoning Adjustment's approval of the request with the Clerk of the City Council; and
WHEREAS, the City Council through its Clerk set May 16, 2001, 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 the above mentioned public hearing(s), all facts, testimony and
evidence concerning the project was considered by the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD AS FOLLOWS:
The City Council hereby adopts the Board of Zoning Adjustment's findings
as contained in their resolution (No. 13-01 ).
-2-
The City Council hereby finds that based on the occupancy requirements
within the Uniform Housing Code, that the facility can house no more than
21 people (includes both staff and clients). Therefore, condition number 11.3.
of the Board's resolution is hereby modified to read as follows:
The facility shall be limited to a total occupancy of 21 people which
includes both clients and staff, (Note: Each bedroom shall be limited
to occupancy based on size as follows: 70 square feet minimum for 2
people, 120 square feet minimum for 3 people, and 170 square feet
minimum for 4 people).
The City Council hereby denies the appeal and upholds the decision by the
Board of Zoning Adjustment to approve the conditional use permit.
.......... O00 ..........
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 MAY; 6 ?~111
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ,,~
CITY CLERK and Ex Offi~o Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGE~N, City Attorney
By: L__ ' ~