HomeMy WebLinkAbout10-27, 10-0352RESOLUTION NO. 10 -27
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD APPROVING A MODIFICATION TO REDUCE
THE REQUIRED SETBACKS ALONG E. TRUXTUN AVENUE AND KING
STREET FROM 10 FEET TO TWO AND SIX FEET, RESPECTIVELY, TO
CONSTRUCT A PARKING LOT FOR AN EXISTING RESTAURANT'.IN AN
M -1 (LIGHT MANUFACTURING) ZONE DISTRICT. (FILE NO. 10 -0352)
WHEREAS, Glenn Hartzell- Architect filed an application with the City of Bakersfield Plannhg
Department requesting a modification to reduce the required setbacks along E. Truxtun Avenue and King
Street from 10 feet to two and six feet, respectively, to constructa parking lot for an existing restaurant
The proposal is located at 725 E. 19th Street and is within an M -1 (Light Manufacturing) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, setTUESDAY, August 10,
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 tesiimony 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:
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 publihed 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 minor alterations to land use limitations.
3. The approval of this modification is necessary to permit appropriate improvements on the
site. The granting of the modification will not be materially detrimental to the public's
health and safety, nor injurious to the property or improvements in the zone or vicinity in
which the subject property is located.
4. The proposal, as designed and conditioned, is consistent with the goals aryl objectives 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 this project is Categorically Exempt from the requirements of CEQA.
3. That Modification No. 10 -0352 as described in this resolution, is hereby approved subject
to the conditions of approval and any mitigation measures as contained in Exhibit "Al ".
On a motion by Board Member Lee, the Board of Zoning Adjustment approved this resolution by
the following roll call vote:
AYES: Barnhard, 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 10th day of August, 2010.
DATED: August 10, 2010
CITY OF BAKERSFIELD
BO ZONING ADJUSTMENT
Rhonda Barnhard, Chair
2
EXHIBIT A -1
CONDITIONS OF APPROVAL
Modification No. 10 -0352
The applicants 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 pemises
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.
o 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 toindemnify, 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 conditbn 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 Cif, 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 authorizes reductions of the required setbacks along E. Truxtun Avenue and
King Street from 10 feet to two and six feet, respectively, to constructa parking lot for an
existing restaurant at 725 E. 19th Street within an M -1 (Light Manufacturing) zone district.
3. Street trees shall be required in accordance with Chapter 1761 along the E. Truxtun Avenue,
King Street and E. 19th Street frontages of the new parking area.
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