HomeMy WebLinkAbout11-12, 11-0126RESOLUTION NO. 11 -12
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 PINE TREE
WITH ANCILLARY EQUIPMENT IN AN R -1 (ONE - FAMILY DWELLING)
ZONE DISTRICT. (FILE NO. 11 -0126)
WHEREAS, Tricia Knight for AT &T filed an application with the City of Bakersfield Planning
Department requesting a conditional use permit to construct an 85 -foot tall monopole wireless
communications facility camouflaged as a pine 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, June 14,
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
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 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:
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. 11 -0126 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 Fick, the Board of Zoning Adjustment approved this resolution
by the following roll call vote:
AYES: Barnhard, Fick
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 14th day of June, 2011.
DATED: June 14, 2011
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
• •. Barnhard,
N
EXHIBIT A -1
CONDITIONS OF APPROVAL
Conditional Use Permit No. 11 -0126
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:
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.
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.
3
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 a 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. 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.
4. If security lighting is provided, it shall be directed downward and shielded to prevent light
spillage onto adjacent properties and public rights -of -way.
5. Signs and advertisement are prohibited, except required informational signs for public safety in
accordance with the area limitations of Section 17.60.080 F.
6. 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.
7. 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.
8. 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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