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HomeMy WebLinkAbout10-30, 10-0417RESOLUTION NO. 10 -30 RESOLUTION OFTHE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMITTO OPERATE A 30 -BED RESIDENTIAL FACILITY WITH THREE STAFF MEMBERS AND A ZONING MODIFICATION TO REDUCE THE PARKING REQUIREMENT FROM 18 TO 12 SPACES IN AN R -2 (LIMITED MULTIPLE - FAMILY DWELLING) ZONE DISTRICT. (FILE NO. 10 -0417) WHEREAS, JR Design Group LLC filed an application with the City of Bakersfield Planning Department requesting a conditional use permit to operate a 30 -bed residential facility with three staff members and a zoning modification to reduce the parking requirement from 18 to 12 spaces. The proposal is located at 404 S. Williams Street and is in an R -2 (Limited Multiple - Family Dwelling) zone district; and WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, September 14, 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 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 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 tc 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 the conversion of existing small structures from one use to another where no exterior modifications will be made. 3. The proposed use is deemed essential to the public welfare in that it will provide an additional facility within the community to house persons in need of personal and /or rehabilitation assistance. 4. The granting of the modification is necessary to permit an appropriate use on the subject property and would not be materially detrimental to the public welfare, nor injurious to the properties in the vicinity of the subject property. 5. The granting of the modification would not be inconsistent with the purposes and intent of the Bakersfield Zoning Ordinance. The proposal is in harmony with the various elements and objectives of the Metropolitan Bakersfield General Plan. 2 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 15303. 3. That Conditional Use Permit No. 10 -0417 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: Barnhard, 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 14th day of September, 2010. DATED: September 14, 2010 CITY OF BAKERSFIELD BOARD OF ZONING ADJUSTMENT Rhonda Barnhard, Chair EXHIBIT A -1 CONDITIONS OF APPROVAL Conditional Use Permit /Modification No. 10 -0417 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. 11. 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 n 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 and zoning modification allows for the operation of a 30- bed residential facility with three staff members and with a minimum of 12 off - street parking spaces at 404 S. Williams Street in an R -2 (Limited Multiple - Family Dwelling) zone district. No more than eight residents of the facility may be permitted to possess vehicles for personal use. 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 buildingl 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 - Janice Horcasitas 661 - 326 -3607) 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. 2. Commercial coaches shall be installed upon a permanent foundation. 3. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. B. DEVELOPMENT SERVICES - PLANNING (Staff contact - Paul Hellman 661- 326 -3733) 1. A minimum of 12 off - street parking spaces shall be maintained on the subject property. 2. Rooftop areas of commercial buildings (e.g., office, retail, restaurant, assembly, hotel, hospital, church, school), and industrial buildings adjacent to residentially zoned properties, shall be completely screened by parapets or other finished architectural features constructed to a height of the highest equipment, unfinished structural element or unfinished architectural feature of the building. 5 C. FIRE DEPARTMENT (Staff contact - Dave Weirather 661- 326 -3706) Show on the final building plans the following items: a. All fire hydrants, both offsite (nearest to site) and on -site. Include flow data on all hydrants. Hydrants shall be in good working condition and are subject to testing for verification. Fire flow requirements must be met prior to construction commencing on the project site. Please provide 2 sets of the engineered water plans to Dave Weirather. (Note: All new fire hydrants must be purchased from the Fire Department.) 2. All access (permanent and temporary) to and around any building under construction must be at least 20 feet wide, contain no vehicle obstruction, and be graded to prevent standing water. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. D. PUBLIC WORKS - ENGINEERING (Staff contact - George Gillburg 661 - 326 -3997) A sewer connection 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 a building permit is issued. 2. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued, or if no building permit is required, before occupancy of the building or site. This fee will be based at the rate in effect at the time the building permit is issued. 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