HomeMy WebLinkAbout11-05, 11-0036RESOLUTION NO. 11 -05
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD DENYING A CONDITIONAL USE PERMIT TO
ADD A 35 -INCH DIAMETER DISH ANTENNA TO AN EXISTING 80-
FOOT TALL SLIM -LINE MONOPOLE IN A C -2 (REGIONAL
COMMERCIAL) ZONE DISTRICT; THE PROPOSED ANTENNA WOULD
PROJECT 31 INCHES FROM THE POLE WHERE THE MAXIMUM
ALLOWABLE PROJECTION IS 18 INCHES. (FILE NO. 11 -0036)
WHEREAS, Crown Castle filed an application with the City of Bakersfield Planning Department
requesting a conditional use permit to add a 35 -inch diameter dish antenna to an existing 80 -foot tall
slim -line monopole; the proposed antenna would project 39 inches from the pole (subsequently
reduced to 31 inches) where the maximum allowable projection is 18 inches. The proposal is located
at 8200 Stockdale Highway and is in a C -2 (Regional Commercial) 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 in the manner provided in Title 17 of the Bakersfield Municipal
Code; and the Board continued this item to their March 8, 2011 meeting; and
WHEREAS, a public hearing was held before the Board of Zoning Adjustment on February 8,
2011, 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 15301; 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. In response176 fRe proliferation of large, often unsightly telecommunications facilities,
the City Council adopted the Wireless Telecommunications Facilities ordinance in
2005. Due to their stealth nature, slim -line monopoles are the only type of new
uncamouflaged tower or monopole antenna permitted within the City without the
approval of a conditional use permit. The proposed modification to the subject slim -line
monopole would be inconsistent with the intent of the ordinance and, therefore, is not
considered essential or desirable to the public convenience or welfare.
3. The granting of the proposed conditional use permit would not be in harmony with the
various elements and objectives of the general plan. Policy #5 of the Open Space
Element states that development location and siting should be sensitive to its
relationship to the Kern River. The subject monopole is in close proximity to the Kern
River Parkway Trail and is clearly visible to users of the trail. Policies of the Kern River
Plan Element address development in close proximity to the Kern River. Pursuant to
Policy #3.2.3.4., developments which would detract from the scenic quality of the Kern
River shall be screened by vegetation, fencing, or landscaped berms, or be located in
an inconspicuous manner. It is not possible to screen the subject monopole due to its
height; therefore, maintaining the facility in accordance with the ordinance standards for
slim -line monopoles is recommended.
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 Conditional Use Permit No. 11 -0036 as described in this resolution, is hereby
denied.
On a motion by Board Member Fick, the Board of Zoning Adjustment approved this resolution
by the following roll call vote:
AYES: Barnhard, Fick
NOES:
ABSTAIN: Underwood
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 8th day of March, 20'11.
DATED: March 8, 2011
CITY O — BAK�ERSFIELD
BOARD OF Z NING ADJUSTMENT
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Rhonda Barnhard, Chair
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