HomeMy WebLinkAbout11-03, 08-1771RESOLUTION NO. 11 -03
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD APPROVING A ONE -YEAR EXTENSION OF
TIME FOR MODIFICATION NO. 08 -1771 TO REDUCE THE
REQUIRED FRONT AND STREET SIDE YARD SETBACKS FROM 10
TO 0 FEET AND TO REDUCE THE REQUIRED PARKING FROM 30
TO 21 SPACES TO ALLOW FOR THE DEVELOPMENT OF AN 8,702
SQUARE FOOT SHOP /STORAGE /OFFICE BUILDING AND A 1,090
SQUARE FOOT SHOP BUILDING ADDITION IN AN M -2 (GENERAL
MANUFACTURING) ZONE DISTRICT. (FILE NO. 08 -1771)
WHEREAS, Michael Dhanens Architect filed an application with the City of Bakersfield
Planning Department requesting a one -year extension of time for Modification No. 08 -1771 to reduce
the required front and street side yard setbacks from 10 to 0 feet and to reduce the required parking
from 30 to 21 spaces to allow for the development of an 8,702 square foot shop /storage /office building
and a 1,090 square foot shop building addition. The proposal is located at 3700 and 3732 Chester
Avenue and is in an M -2 (General Manufacturing) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, February 8,
2011, 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; 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 extension 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. A hearing notice regarding the proposed project was 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 request for an extension of time is
Categorically Exempt from CEQA under Section 15305, because the project represents
a minor alteration to a land use limitation. A Notice of Exemption was filed for the
project for which the conditional use permit was granted. Changes have not occurred
to the project that would change its exemption status.
3. The approval of this extension of time is consistent with the purpose and intent of the
City of Bakersfield's Zoning Ordinance and the Metropolitan Bakersfield 2010 General
Plan. Section 17.64.060 (G.) permits the time limits of a conditional use permit to be
extended by the Board of Zoning Adjustment for up to one year.
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 extension of time is Categorically Exempt from the requirements of CEQA.
3. That Modification No. 08 -1771 as described in this resolution and as originally
conditioned by the Board, is hereby granted a one -year extension of time.
On a motion by Board Member Fick, the Board of Zoning Adjustment approved this resolution
by the following roll call vote:
AYES: Fick, Rojas
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 8t" day of February 2011.
DATED: February 8, 2011
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
Raul Rojas, Chair
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C8GX01464.02146402SFR.gxd- 42/0412006- 08: i0 ATe- Scala 1:360.000
RESOLUTION NO. 09-05
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD APPROVING A ZONING MODIFICATION TO
REDUCE THE REQUIRED FRONT AND STREET SIDE YARD
SETBACKS FROM 10 TO 0 FEET AND TO REDUCE THE REQUIRED
PARKING FROM 18 TO 14 SPACES TO ALLOW FOR THE
DEVELOPMENT OF AN 8,702 SQUARE FOOT SHOP /STORAGE /OFFICE
BUILDING AND A 1,090 SQUARE FOOT SHOP BUILDING ADDITION IN
AN M -2 (GENERAL MANUFACTURING) ZONE DISTRICT. (FILE NO. 08-
1771)
WHEREAS, Michael Dhanens Architect filed an application with the City of Bakersfield Planning
Department requesting a modification to reduce the required front and street side yard setbacks from 10
to 0 feet and to reduce the required parking from 18 to 14 spaces to allow for the development of an
8,702 square foot shop /storage /office building and a 1,090 square foot shop building addition. The
proposal is located at 3700 and 3732 Chester Avenue and is in an M -2 (General Manufacturing) zone
district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, February 10,
2009 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 Bakersfiield'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 minor alterations to land use limitations.
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. The proposed improvements would be consistent with the
development pattern of the surrounding area and enhance the aesthetics of the subject
property.
4. The granting of the modification is necessary to permit appropriate improvements on -the
subject property. The proposed improvements would match the 0 -foot front yard setbacks
of the two existing buildings along the site's Chester Avenue frontage, be consistent with
the development pattern of the surrounding area, and enhance the aesthetics 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 proposed improvements would reduce the severity
of the existing nonconforming setback along the site's 38th Street frontage, provide street
trees along the site's Chester Avenue frontage where none presently exist, and provide
off - street parking on the site where none presently exists.
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. 08 -1771 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: Burns, Underwood, Zaragoza
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 10th day of February, 2009.
DATED: February 10, 2009
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
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EXHIBIT A-1
CONDITIONS OF APPROVAL
Modification No. 0 8-1771
1. The applicants rights granted by this approval are subject to the following provisions:
s 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:
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 anyway 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 modification reduces the required front and street side yard setbacks from 10 to 0 feet and
reduces the required parking from 18 to 14 spaces to allow for the development of an 8,702
square foot shop /storage /office building and a 1,090 square foot shop building addition at 3700
and 3732 Chester Avenue in an M -2 (General Manufacturing) zone district.
3. All conditions of approval of the future Site Plan Review for the proposed development shall
apply to the subject property, including but not limited to compliance Wth all applicable
landscape requirements of the Bakersfield Zoning Ordinance.
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