HomeMy WebLinkAbout10-08, 10-0073RESOLUTION NO. 10 -08
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT
TO OPERATE A 1,000 SQUARE FOOT THRIFT STORE AS AN
ACCESSORY AND INCIDENTAL USE TO AN EXISTING CHURCH IN
AN R -1 -CH (ONE- FAMILY DWELLING /CHURCH) ZONE DISTRICT.
(FILE NO. 10 -0073)
WHEREAS, Chester Avenue Community Church filed an application with the City of
Bakersfield Planning Department requesting a conditional use permit to operate a 1,000 square foot
thrift store as an accessory and incidental use to an existing church. The proposal is located at 1505
S. Chester Avenue and is within an R -1 -CH (One - Family Dwelling /Church) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, March 9,
2010, at the hour of 3:00 p.m. in Conference Room A of City Hall North, 1600 Truxtun Avenue,
Bakersfield, California, as the time and place 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 on said date,
and no testimony was received either in support or 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 followed 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 Board 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 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 project is exempt from CEQA
under Section 15061(b)(3), because the project does not have the potential to cause a
significant effect on the environment.
3. The proposed use is desirable to the public convenience since it will provide for an
additional retail establishment to serve the needs of the surrounding residential
neighborhood.
4. The proposed use is in harmony with the goals, objectives and policies of the
Metropolitan Bakersfield General Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT
OF THE CITY OF BAKERSFIELD as follows:
That the above recitals, incorporated herein, are true and correct.
2. That the proposed is a project that it is exempt from CEQA under Section 15061(b)(3).
3. That Conditional Use Permit No. 10 -0073 as described in this resolution, is hereby
approved subject to the conditions of approval and any mitigation measures as
contained in Exhibit "A -1 ".
On a motion by Board Member Lee, the Board of Zoning Adjustment approved this resolution
by the following roll call vote:
AYES: Haynes, Lee
NOES:
ABSENT: Rojas
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Board of
Zoning Adjustment of the City of Bakersfield at a regular meeting held on the 9t" day of March, 2010.
DATED: March 9, 2010
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
wo, / /...
Darnell
2
EXHIBIT A -1
CONDITIONS OF APPROVAL
Conditional Use Permit No. 10 -0073
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 two (2) years 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.
3
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 conditional use permit allows for the operation of an approximately 1,000 square foot thrift
store in an R -1 -CH (One - Family Dwelling /Church) zone district located at 1505 S. Chester
Avenue. The thrift store shall operate only as an accessory and incidental use to the church; in
the event the church ceases to operate, the thrift store shall not continue to operate
independently. The thrift store's hours of operation shall be limited to 9 :00 a.m. to 6:00 p.m.
Monday through Saturday.
3. Outdoor display, sales, and collection of merchandise, including but not limited to the use of a
container or bin, are prohibited, with the exception of the movement of items into and out of the
store during normal unloading and loading activities.
III. The following are specific items that you need to resolve before you can obtain a
building permit or be allowed occupancy. These items include conditions and /or
mitigation required by previous site entitlement approvals (these will be specifically
noted), changes or additions that need to be shown on the final building plans, alert you
to specific fees, and other conditions for your project to satisfy the City's development
standards. The item will usually need to be shown on the final building plans or
completed before a building permit is issued Each has been grouped by department so
that you know whom to contact if you have questions.
A. DEVELOPMENT SERVICES — BUILDING (Staff contact — Mark Fick 661 - 326 -3437)
Prior to occupancy, a building permit for the change of use from a single - family
residence to a retail use shall be obtained to ensure compliance with all applicable
building and fire code requirements to the satisfaction of the Building Director.
2. Include with or show on the final building plans information necessary to verify that the
project complies with all disability requirements of Title 24 of the California Building
Code.
3. Final Building plans shall show pedestrian access pathways or easements for persons
with disabilities from public rights -of -ways that connect to all accessible buildings,
facilities, elements, and spaces in accordance with the California Building Code. These
pedestrian access ways shall not be parallel to vehicular lanes unless separated by
curbs or railings.
B. PUBLIC WORKS — ENGINEERING (Staff contact — George Gillburg 661 - 326 -3997)
Before any building or site can be occupied, the developer must reconstruct or repair
substandard off -site street improvements that front the site to adopted city standards as
directed by the City Engineer. Please call the Construction Superintendent at 661 -326-
3049 to schedule a site inspection to find out what improvements may be required.
M
2. A street permit from the Public Works Department shall be obtained before any work
can be done within the public right -of -way (streets, alleys, easements). Please include
a copy of this site plan review decision to the department at the time you apply for this
permit.
E
M
O
O
1
O
T-
L
nW
li
w
U)
Q
z
O_
z
O
U
I
id O'dol ID
w� 1SHS
O O
CJ U N
U
CL'
W
U
Z
Q
a
ry
Z
Q
CO
j.
W
co
N
Of
C1
O
C9 F-
W
ti
N
ft�
C/i
O
1
1
2
1
1
s
1
R
S
N
FCh °o
li
O
v
1
1
i
1
�_� 2
°I U
1
1
1 N
U
1
1
1
1
1
1
1
1
1
1
W
C7 1 M
Z i �
Z 1
1
1
1
1
1
1 ti
N
U
CONDITIONAL USE PERMIT NO. 10 -0073
/ LANDSCAPE MCA �_ :.•'...� ?. .:.: ,`e :.
EwM U a•rmn,
�: `.� +. �•: •:.`•aAw•uuu.jENNCE� :.
. —f-- -�
EXISIING STORY
I CLASSROOMS •'•,•'••.
NO WORK SCHEDUIID
EKISRNG IN THIS AREA
ONE -STORY EXISDNG CHURCH
OQ. CLASSROOMS ASSEMBLY AREA
NO WORK SCHEDULED WTH BASEMENT BELOW Y ` •. • •`
O IN THIS MCA INO7WORK SCHEDULED
t• :'•.: ••: �.'•:•;.
Vi ,•'• :: •.
'� •Y r ``..j— Cx(S1ING CQ)IC DRI �.:::
V GHORA1NSTe,^•TM
lzy / CHURCH BUILDING
1509 So. CHESTER AVE.
Proposed
} EXISDNG LOBBY AREA Thrift
WTH OFRCES ABOVE
MNOBy
+WSTK EOUIED Store
LANDSCAPE MCA AREA
::...
LANDSCME AREA
:M1i,, LANDSCAPE MEAD
...:... .... .. .. .. .. .. .{III
1505 So. CHESTER AVE.
I � 0
/ EKISiING
r pRIVEYIAY
FRONTAGE ROAD
SOUTH CHESTER AVENUE
NORTH SITE PLAN
CHESTER AVENUE COMMUNITY CHURCH
1505 CHESTER AVENUE
EXISTING SITE INFORMATION:
ALL ONSITE WATER SHEET DRAINS
TO CITY STORM DRAIN SYSTEM
ROLLING TRASH BIN USED FOR
CURBSIDE PICK -UP.
EXISTING CITY SEWER SYSTEM
NO PHYSICAL SITE ADDITION OR
REMODEL WORK PROPOSED.
WALL NTED
MOU
ROOD Ll
/
�I
E]0511NG 4' NIGH
p YASDVRY FENCE
1
5' 40
0 20' 60'