HomeMy WebLinkAbout10-16, 10-0202RESOLUTION NO. 10 -16
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMITTO
CONSTRUCT A 1,260 SQUARE FOOT ATTACHED SECOND DWELLING
UNIT, WHERE THE MAXIMUM PERMISSIBLE SIZE IS 870 SQUARE
FEET, IN AN E (ESTATE ONE - FAMILY DWELLING) ZONE DISTRICT.
(FILE NO. 10 -0202)
WHEREAS, Don and Shirley Lemon filed an application with the City of Bakersfield Planning
Department requesting a conditional use permit to construct a 1,260 square foot attached second
dwelling unit, where the maximum permissible size is 870 square feet. The proposal is located at
6745 Park West Circle and is within an E (Estate One - Family Dwelling) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, May 11,
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 testimony was received only in support 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 15303; 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 resollution; 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 15303, because the project consists of a second dwelling unit in a
residential zone.
3. The proposed use is desirable to the public convenience.
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:
1. 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 15303.
3. That Conditional Use Permit No. 10 -0202 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 11th day of May, 2010.
DATED: May 11, 2010
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
(Z) �i'ovij
Darnell Haynes, Cliai J
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EXHIBIT A -1
CONDITIONS OF APPROVAL.
Conditional Use Permit No. 10 -0202
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.
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 construction of a 1,260 square foot attached second
dwelling unit at 6745 Park West Circle in an E (Estate One- Family Dwelling) zone district.
3. Show on the final site plan how and where water will be drained from the property.
4. The Building Division will calculate and collect the appropriate impact fee at the time they issue
a building permit.
5. The minimum parking required for this project has been computed based on use and shall as
follows:
Second Unit 1 space
Main Dwelling 2 spaces
Total 3 spaces
(Note_ 4 parking spaces are shown on the site plan.)
6. The second unit shall be architecturally compatible with the main home as shown on the approved
site plan. Architectural compatibility shall mean that the exterior building materials and
architectural style of the second unit are similar to the materials used and basic style of the main
home.
7. The home shall be connected to the public sewer system.
8. All driveways, vehicular access and parking areas shall be paved.
9. A Park Development and Improvement Fee shall be paid at the time a building permit is issued.
We will base this fee at the rate in effect at the time the permit is issued. The current fee is
$1,615 for each independent residential unit.
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