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Home My WebLink About10-12, 10-0131RESOLUTION NO. 10 -12 RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD APPROVING A ZONING MODIFICATION TO WAIVE THE REQUIREMENT TO CONSTRUCT A SIX -FOOT HIGH MASONRY WALL ADJACENT TO RESIDENTIALLY ZONED PROPERTY IN CONJUNCTION WITH THE DEVELOPMENT OF A RETAIL CENTER IN A C -2 (REGIONAL COMMERCIAL) ZONE DISTRICT. (FILE NO. 10- 0131) WHEREAS, Bolthouse Properties, LLC filed an application with the City of Bakersfield Planning Department requesting a zoning modification to waive the requirement to construct a six -foot high masonry wall adjacent to residentially zoned property in conjunction with the development of a retail center. The proposal is located at 11300-11420 Ming Avenue and is in a C -2 (Regional Commercial) zone district; and WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, April 13, 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, 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 categorically exempt from the requirements of CEQA in accordance with Section 15305; 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 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. 3. The granting of the 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. 4. The granting of the modification is necessary to permit appropriate improvements on the subject property. 5. The granting of the proposed modification would not be inconsistent with the purposes and intent of the Bakersfield Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT 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 Modification No. 10 -0131 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 Underwood, the Board of Zoning Adjustment approved this resolution by the following roll call vote: AYES: Haynes, Lee, Underwood NOES: ABSENT: 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 13th day of April, 2010. DATED: April 13, 2010 CITY OF BAKERSFIELD BOARD OF ZONING ADJUSTMENT — IM J 2 EXHIBIT A -1 CONDITIONS OF APPROVAL Modification No. 10 -0131 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. o 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: 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 3 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. 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 waives the requirement to construct a six -foot high masonry wall along the northern property boundary, adjacent to residentially zoned property containing a fire station and public greenbelt area, in conjunction with the development of a retail center located at 11300-11420 Ming Avenue in a C -2 (Regional Commercial) zone district. 3. In lieu of a masonry wall, the applicant shall install a six -foot high decorative wrought iron fence, with 12 -inch by 6 -inch concrete curb which meets City standards beneath the fence, along the northern boundary of the project site to the satisfaction of the Recreation and Parks Director in conjunction with the first phase of development. 4. In lieu of planting the required evergreen screen trees along the northern boundary of the project site, the applicant shall plant a minimum of nine (9) 24 -inch box evergreen trees within the southern portion of the abutting City property to the north of the project site to the satisfaction of the Recreation and Parks Director in conjunction with the first phase of development; these trees may be planted in a staggered arrangement to provide a more natural configuration rather than a linear row. Upon acceptance of the planted trees, the Recreation and Parks Department shall assume responsibility for the maintenance of said trees planted on City property. The applicant shall guarantee the trees for a minimum period of one year from the date of acceptance by the Recreation and Parks Director_ rd CY) T- CD I CD Z 0 H CO 17 P19 LU IL LU 0 -)j I LU Z 2 Luj NO 000mgq(]Dm--,-, U) (11:1 VISIA VN3na C) C) Z CD a) C\j LL P. AAV ONVISI CINVd9 16 MODIFICATION 10 -0131 ag . a •� e i 4 W Mai .J «r� c f w " m a ..fir{ iii R mw :v R ° edl!!r 40* A VEM E i I J