HomeMy WebLinkAbout11-22, 11-0346RESOLUTION NO1
RESOLUTION OF THE BOARD OF ZONING
OF BAKERSFIELD APPROVING A CONDI'
CONSTRUCT A 119 FOOT -TALL LATTICE T
TO SERVE AS A CAMOUFLAGED WIRELE
FACILITY WITH ANCILLARY EQUIPMENT II
ZONE DISTRICT. (FILE NO. 11-0346)
WHEREAS, Community ComSite, LLC filed an
Planning Department requesting a conditional use K
tower with faux windmill to serve as a camouflaged
ancillary equipment. The proposal is located at 312
(Agriculture) zone district; and
11-22
ADJUSTMENT OF THE CITY
IONAL USE PERMIT TO
DWER WITH FAUX WINDMILL
S COMMUNICATIONS
I AN A (AGRICULTURE)
pplication with the City of Bakersfield
�rmit to construct a 119 foot -tall lattice
vireless communications facility with
E. Panama Lane and is within an A
WHEREAS, the Board of Zoning Adjustment, thr ugh its Secretary, set TUESDAY,
November 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 arid 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 Impleme tation Procedures have been duly
followed by city staff and the Board of Zoning Adjust ent; and
WHEREAS, for the above described project, a initial study was conducted and it was
determined that the proposed project would not have a significant effect on the environment
and a Negative Declaration was prepared and posted on October 12, 2011, in accordance
with CEQA; 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 he ring(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 roject:
All required public notices have been civen. Hearing notices regarding the
proposed project were mailed to propE.,rty owners within 300 feet of the project
area and published in a local newspaper of general circulation 20 days prior to
the hearing.
2. The provisions of CEQA and City of Ba
Procedures have been followed. Sigr
identified with the project proposal; th
prepared for the project. Complianc(
reduce impacts to a less than significc
3. The proposed telecommunications fac
convenience as it would improve the (
customers in the surrounding area and
accommodate collocation of additior
multiple carriers in the surrounding are(
would not adversely affect surroundinc
4. The proposed use is in harmony with th
Metropolitan Bakersfield General Plan.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY OF BAKERSFIELD as follows:
That the above recitals, incorporated
2. That the Negative Declaration is here
3. That Conditional Use Permit No. 11 -03z
approved subject to the conditions of
contained in Exhibit "A -1 ".
On a motion by Board Member Fick, the
resolution by the following roll call vote:
AYES: Barnhard, Fick
NOES:
ABSENT: Rojas
I HEREBY CERTIFY that the foregoing resolution
of Zoning Adjustment of the City of Bakersfield at a re
November, 2011.
DATED: November 8, 201 1
arsfield CEQA Implementation
icant environmental impacts were not
refore, a Negative Declaration was
with local ordinances and state laws will
it level.
ity is desirable to the public
jality of service for the primary carrier's
vould have the capacity to
DI antennas to better serve customers of
Furthermore, the proposed facility
properties.
various elements and objectives of the
E BOARD OF ZONING ADJUSTMENT OF
n, are true and correct.
approved.
as described in this resolution, is hereby
pproval and any mitigation measures as
of Zoning Adjustment approved this
s passed and adopted by the Board
ar meeting held on the 8th day of
CITY OF BA ERSFIELD
BOARD OF 20NING ADJUSTMENT
Rhonda Barr hard, Chair
2
EXHIBIT A-
CONDITIONS OF Al PROVAL
Conditional Use Permit) No. 11 -0346
The applicant's rights granted by this a
• The project shall be in accordance w
approval, and other required permits
comply with applicable building cod
• All conditions imposed shall be diligen
construction authorized or required sh
before the premises shall be used for t
approval.
• This approval will not be effective until
is granted by the BZA to allow for app(
license for any approval granted shall
• This approval shall automatically be n
effective date unless the applicant or
rights granted, or if the rights granted
of one (1) year or more. This time can
year by the approving body.
The BZA may initiate revocation of the
including but not limited to, failure to c
complete construction or exercise the
or tenant of any provision of the Baker;
premises for which the approval was g
the revocation addition to or modifica
cause, including but not limited to, cot
conditions are not adequate for the in'.
Unless otherwise conditioned, this apl
under successive owners provided all
satisfied.
The following conditions shall be satisfied as
In consideration by the City of Bakersfield for I
limited to related environmental approvals rel
applicant, and /or property owner and /or sub
indemnify, defend, and hold harmless the City
employees, departments, commissioners or b(
liability, claims, actions, causes of action or dE
of them, before administrative orjudicial tribui
arising from, the terms and provisions of this or
CEQA approval or any related development
by the City, or not, except for CITY'S sole activ
3
are subject to the following provisions:
all approved plans, conditions of
d approvals. All construction shall
complied with at all times and all
be diligently prosecuted to completion
purposes applied for under this
n (10) days after the date upon which it
'to the City Council. Any permit or
,t be issued until that effective date.
and void two (2) years after the
ccessor has actually commenced the
discontinued for a continuous period
extended for up to one (1) additional
its granted if there is good cause,
iply with conditions of approval,
its granted, or violation by the owner
d Municipal Code pertaining to the
ted. The BZA may also consider under
i of any conditions if there is sufficient
Iaints regarding the project or that the
ded purpose.
oval runs with the land and may continue
e above mentioned provisions are
of the approval of this project:
ind use entitlements, including but not
ited to or arising from this project, the
ivider ( "Applicant" herein) agrees to
of Bakersfield, its officers, agents,
ards ( "City" herein) against any and all
hands whatsoever against them, or any
als of any kind whatsoever, in any way
Dlication, including without limitation any
pprovals or conditions whether imposed
negligence or willful misconduct.
This indemnification condition does not pri
decision by the City related to this project
regardless of whether any other permits or e
The City will promptly notify Applicant of an) '
under this condition within thirty (30) days of c
sole discretion, shall be allowed to choose the
City at the sole cost and expense of the Appli<
law firm or attorney chosen by another entity
2. This conditional use permit allows for the cons
faux windmill to serve as a camouflaged wire
equipment at 3127 E. Panama Lane within an
on the attached exhibits.
3. If security lighting is provided, it shall be dir(
light spillage onto adjacent properties and
4. Signs and advertisement are prohibited, exc
safety in accordance with the area limitatio
5. The operation of the antenna shall not cause
equipment in the surrounding neighborhoods
computer, inclusive of any public safety radio
unless exempted by federal regulation.
6. Facilities shall be maintained in good conditio
times. They shall be operational and present c
the original approval.
7. Prior to receiving final building or site occupai
Division for final inspection and approval. Insr
required items have been installed. Any devi(
prior approval from the Planning Division may
obtaining a building or site occupancy.
8. Habitat Conservation fees shall be required fo
based on the fee in effect at the time we issuE
grading plan approvals) as defined in the Imp
(Section 2.21) for the Metropolitan Bakersfield
payment of the fee, the applicant will receive
Metropolitan Bakersfield habitat Conservation
Agreement Section 3.1.4). This fee is currently
City of Bakersfield (submit to the Planning Divis
grading or other site disturbance occurs.
I the Applicant from challenging any
the obligations of this condition apply
ments are issued.
such claim, action or proceeding, falling
:tually receiving such claim. The City, in its
attorney or outside law firm to defend the
)nt and the City is not obligated to use any
>r party.
:�tion of a 119 foot -tall lattice tower with
communications facility with ancillary
(Agriculture) zone district as depicted
d downward and shielded to prevent
>lic rights -of -way.
>t required informational signs for public
of Section 17.60.080 F.
rference with any electrical
h as television, radio, telephone,
rem, 911 emergency system, etc.,
and a proper state of preservation at all
satisfactory appearance consistent with
cy, you must contact the Planning
ections will not be conducted until all
tions from the approved plans without
esult in reconstruction and delays in
this project and will be calculated
an urban development permit (includes
�lmentation /Management Agreement
abitat Conservation Plan. Upon
acknowledgment of compliance with
'Ian (Implementation /Management
2,145 per gross acres, payable to the
)n). This fee must be paid before any
Forms and instructions are available at the Pla ning Division or on the city's web site at
www.bakersfieldcity.us (go to Development S rvices Department).
11
VI
The current Metropolitan Bakersfield Habitat (
2014. Projects may be issued an urban devel
building permit and pay fees prior to the 201 z
MBHCP. As determined by the City of Bakersl
urban development permit, grading plan api
expiration date will be eligible to pay fees un,
pre - payment of MBHCP fees shall not be allo,
development permits is governed by the tern
permits issued after the 2014 expiration date r
Habitat Conservation Plan, if approved, or bE
of the U.S. Fish and Wildlife Agency and the C
Prior to ground disturbance, the developer sh
location for burrowing owls, and comply with
Act (MBTA) of 1918 (16 U.S.C. 703-711). Survey
the State Department of Fish and Game. Deg
measure recommended by the consultant. /
the Planning Department prior to ground distL
The burrowing owl is a migratory bird species I
the Migratory Bird Treaty Act (MBTA) of 1918 (1
unlawful to take, possess, buy, sell, purchase,
C.F.R. Part 10 including feathers or other parts,
allowed by implementing regulations (50 C.F.I
the California Department of Fish and Game 1
destruction of birds, their nests or eggs. To av(
generally requires that project related disturb(
reduces or eliminated during critical phases o
annually). Disturbance that causes nest abar
effort (e.g., killing or abandonment of eggs or
is potentially punishable by fines and /or impris
10. Prior to ground disturbance, the developer sh
location for kit fox, and comply with the provi:
Habitat Conservation Plan. Survey protocol st
Department of Fish and Game. Developer sh
recommended by the consultant. A copy of
Planning Department prior to ground disturba
The current Metropolitan Bakersfield Habitat C
1014. Projects may be issued an urban develc
building permit and pay fees prior to the 2014
MBHCP. As determined by the City of Bakersfi
urban development permit, grading plan app
expiration date, will be eligible to pay fees un(
development permits issued after the 2014 exr
revised Habitat Conservation Plan, if approve(
requests of the U.S. Fish and Wildlife Agency at
Department.
onservation Plan (MBHCP) expires in year
)pment permit, grading plan approval, or
expiration date under the current
eld, only projects ready to be issued an
,roval or building permit) before the 2014
ler the current MBHCP. Early payment or
✓ed. The ability of the City to issue urban
s of the MBHCP. Urban development
iay be subject to a new or revised
required to comply directly with requests
:ilifornia Fish and Game Department.
ill have a qualified consultant survey the
he provisions of the Migratory Bird Treaty
protocol shall be that recommended by
elopers shall be subject to the mitigation
copy of the survey shall be provided to
-bance.
rotected by international treaty under
5 U.S.C. 703 -711). The MBTA makes it
Dr barter any migratory bird listed in 50
nests, eggs, or products, except as
21). Sections 3503, 3503.5, and 3800 of
.ode prohibit the taking, possession or
id violation of the provisions of these laws
nce at active nesting territories be
the nesting cycle (March 1- August 15,
Jonment and /or loss of reproductive
✓oung) may be considered "taking" and
>nment.
ill have a qualified consultant survey the
ons of the Metropolitan Bakersfield
III be recommended by the State
ill be subject to the mitigation measures
-ie survey shall be provided to the
Dnservation Plan (MBHCP) expires in year
pment permit, grading plan approval, or
E)xpiration date under the current
�Id, only projects ready to be issued an
oval or building permit, before the 2014
ler the current MBHCP. Urban
,iration date may be subject to a new or
I, or be required to comply directly with
id the California Fish and Game
11. Pursuant to Bakersfield Zoning Ordinance Sec
ancillary equipment) shall have a minimum s
(ght -of -way along the Adobe Road alignme
30 S., Range 28 E., MDB &M) to the satisfactioi
2
rion 17.59.030.A.1., the facility (tower and
aback of 50 feet from the future street
it (east section line of Section 28, Township
of the Public Works Director.
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