HomeMy WebLinkAbout10-37, 10-0478RESOLUTION NO. 10 -37
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY
OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT TO
CONSTRUCT AN 85 -FOOT TALL MONOPOLE WIRELESS
COMMUNICATIONS FACILITY CAMOUFLAGED AS A PALM TREE WITH
ANCILLARY EQUIPMENT IN AN R -1 (ONE- FAMILY DWELLING) ZONE
DISTRICT. (FILE NO. 10 -0478)
WHEREAS, Synergy Development Services, Inc. filed an application with the City of
Bakersfield Planning Department requesting a conditional use permit to construct a 94 -foot tall
monopole wireless communications facility camouflaged as a palm tree with ancillary
equipment. The proposal is located at 3801 River Boulevard and is within an R -1 (One - Family
Dwelling) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY,
November 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 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:
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 is a
project that it is Categorically Exempt from CEQA under Section 15303 because
it consists of the construction of a limited number of small structures.
3. The proposed telecommunications facility is desirable to the public
convenience as it would improve the quality of service for the mobile phone
provider's customers in the immediate surrounding area and would not
adversely affect surrounding properties.
4. The proposed use is in harmony with the various elements and 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:
1. That the above recitals, incorporated herein, are true and correct.
2. That this project is exempt from the requirements of CEQA.
3. That Conditional Use Permit No. 10 -0478 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: Lee, Underwood
NOES:
ABSENT: Kunz
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
November, 2010.
DATED: November 9, 2010
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
zx�
Bad Underwood, Chair
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EXHIBIT A -1
CONDITIONS OF APPROVAL
Conditional Use Permit No. 10 -0478
1. 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.
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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 the construction of an 85 -foot tall monopole wireless
communications facility camouflaged as either a palm tree or pine tree with ancillary
equipment at 3801 River Boulevard in an R -1 (One - Family Dwelling) zone district as
depicted on the attached exhibits.
3. The monopole shall be constructed a minimum of 50 feet from the River Boulevard
right -of -way.
4. Ancillary equipment installed on -site shall be screened from view in accordance with
the requirements of Section 17.59.030.C. of the Bakersfield Zoning Ordinance.
5. If security lighting is provided, it shall be directed downward and shielded to prevent
light spillage onto adjacent properties and public rights -of -way.
6. Signs and advertisement are prohibited, except required informational signs for public
safety in accordance with the area limitations of Section 17.60.080 F.
7. The operation of the antenna. shall not cause interference with any electrical
equipment in the surrounding neighborhoods such as television, radio, telephone,
computer, inclusive of any public safety radio system, 911 emergency system, etc.,
unless exempted by federal regulation.
8. Facilities shall be maintained in good condition and a proper state of preservation at all
times. They shall be operational and present a satisfactory appearance consistent with
the original approval.
9. Prior to receiving final building or site occupancy, you must contact the Planning
Division for final inspection and approval. Inspections will not be conducted until all
required items have been installed. Any deviations from the approved plans without
prior approval from the Planning Division may result in reconstruction and delays in
obtaining a building or site occupancy.
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