HomeMy WebLinkAbout11-23, 11-0375RESOLUTION NO. 11 1-23
RESOLUTION OF THE BOARD OF ZONING DJUSTMENT OF THE CITY OF
BAKERSFIELD APPROVING A MODIFICATION TO CONSTRUCT A 6 -FOOT,
8 -INCH TALL MASONRY WALL ON A DOMESTIC WATER WELL SITE IN AN
R -1 (ONE- FAMILY DWELLING) ZONE DISTRICT. (FILE NO. 11 -0375)
WHEREAS, the City of Bakersfield Water Resources Department filed an application with
the City of Bakersfield Planning Department requesting a modification to construct a 6 -foot, 8-
inch tall masonry wall on a domestic water well site. T e proposal is located at 10003 Buckhorn
Peak Drive and is within an R -1 (One - Family Dwelling) zone district; and
WHEREAS, the Board of Zoning Adjustment, thro gh 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 and place for a public hearing before them on the proposal,
notice of the public hearing was given in the manner provided in Title 1.7 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 op osition of the project; and
WHEREAS, the laws and regulations relating tot e California Environmental Quality Act
(CEQA) and the City of Bakersfield's CEQA Implement tion 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 Depa ment (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
in writing and by verbal testimony at the above
contained in this resolution; and
WHEREAS, at the above mentioned public hear
facts, testimony and evidence was considered by the
made the following findings regarding the proposed p
initial study, and evidence received both
ced public hearing(s), support the findings
g(s), the proposal was heard and all
yard of Zoning Adjustment, and they
yect:
All required public notices have been gi en. Hearing notices regarding the
proposed project were mailed to propery 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 Bake field 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 a minor alteration to a land use limitation.
3. The approval of this modification is nece sary to permit an appropriate
improvement on the site for security, aes - -hetic and noise reasons. The granting of
the modification will not be materially dE trimental to the public's health and safety,
nor injurious to the property or improvem nts in the zone or vicinity in which the
subject property is located.
4. The proposal, as designed and conditio0ed, is consistent with the goals and
objectives of the Metropolitan Bakersfielq 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 h
2. That this project is Categorically Exempt
3. That Modification No. 11 -0375 as describ
subject to the conditions of approval an
Exhibit "A -1 ".
On a motion by Board Member Fick, the Board
resolution by the following roll call vote:
AYES: Barnhard, Fick
NOES:
ABSENT: Rojas
I HEREBY CERTIFY that the foregoing resolution v
Zoning Adjustment of the City of Bakersfield at a regul�
November, 2011.
DATED: November 8, 201 1
n, are true and correct.
the requirements of CEQA.
d in this resolution, is hereby approved
any mitigation measures as contained in
Zoning Adjustment approved this
s passed and adopted by the Board of
meeting held on the 8th day of
CITY OF BAKE SFIELD
BOARD OF ZONING ADJUSTMENT
Rhonda Barnyard, Chair
2
EXHIBIT A -1
CONDITIONS OF APPROVAL
Modification No. 11 -0375
The applicant's rights granted by this a
The project shall be in accordance wi
approval, and other required permits
comply with applicable building codE
All conditions imposed shall be dilige
construction authorized or required sl
before the premises shall be used for
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, co►
conditions are not adequate for the in
Unless otherwise conditioned, this apf
under successive owners provided all
satisfied.
The following conditions shall be satisfied as
In consideration by the City of Bakersfield for
limited to related environmental approvals rE
applicant, and /or property owner and /or suk
indemnify, defend, and hold harmless the Cii
employees, departments, commissioners or k
liability, claims, actions, causes of action or d
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
') (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
aints regarding the project or that the
purpose.
val runs with the land and may continue
above mentioned provisions are
of the approval of this project:
nd use entitlements, including but not
ted to or arising from this project, the
ivider ( "Applicant" herein) agrees to
of Bakersfield, its officers, agents,
ards ( "City" herein) against any and all
ands whatsoever against them, or any
IIA
of them, before administrative or judicial tribe
arising from, the terms and provisions of this a
CEQA approval or any related development
by the City, or not, except for CITY's sole actin
This indemnification condition does not prevei
decision by the City related to this project anc
regardless of whether any other permits or eni
The City will promptly notify Applicant of any s
under this condition within thirty (30) days of a(
its sole discretion, shall be allowed to choose 1
the City at the sole cost and expense of the A
use any law firm or attorney chosen by anoth(
This modification authorizes the construction o
of 6 feet, 8 inches on a domestic water well sit
(One - Family Dwelling) zone district. The wall st
yard setback and shall comply with the clear
of the Bakersfield Zoning Ordinance.
GIs of any kind whatsoever, in any way
)lication, including without limitation any
pprovals or conditions whether imposed
negligence or willful misconduct
t the Applicant from challenging any
the obligations of this condition apply
dements are issued.
ich claim, action, or proceeding, falling
tually receiving such claim. The City, in
ie attorney or outside law firm to defend
>plicant and the City is not obligated to
r entity or party.
a masonry wall with a maximum height
at 10003 Buckhorn Peak Drive in an R -1
all not encroach into the required front
ight view regulations in Section 17.08.175
,LAS`/
M
O
T
T
Z
O
Q
U
U-
r)
O
75
lVA
❑
❑
Q
rn
T
m
9
ir
w
Q
H
IL CO
w
Cc
d
2
w
H3Ala 410
C
Rue
0
0
v°
W
N
Z —�� N
w
O
M
I—
O
¢ w f
❑ w I`
O Q NI A311VA U3133HM \
W v~j w
as nJ O w
MOGV3W z Q Q r r r
❑ U Ir [C Ir
O Q ❑
z
m 1 SSVd 3d
O
cc
z
J
Q
Q
Z
Q
a
IN. sm rGee.-•
08 FOR RNAL
Lnv."na*j
MODIFICATION NOI
t€i\N PI
EX.
497
DRIVE
11-0375
unuw
—WafEw I
M Tam 'a'
L0_07.49 PR(POSW., W HVI
30' SO-
'ISH170 I — N \ . s
EDGE I ey" 12 uG 2%
CONO AEM
EWE 25
114V 14G
ED
ED 3V
40RUE :1% A P. f
DETAIL Ft 499 53 410
EL 497.90
V)
FG 498,53� +
Propose 1W
PROPOSED 16 WZc. —SOO-00 to
6'8" tall cW4W__u4K CAT)E 2_% PROPOMI) le
'001H PRPIACY SLATS MIN WIDE QiAJN-
TZ LINK +c;'4-,E WITH 1% a "\17
PfWW" sLius AIN
__ � =74 99
EF 499,53
PRO
0
wall bai Ff 49g$
EL 410,i-7 f 492,41
EL 49OX;O+ 4L��
E��: 4911-11.
S GENERAL FF FC AfK1.22 AND
r
NOTE is
PAIN i tx F 500,25f
UTILITY
EASWW
...... . . ... .. . -MN 'Etta Proposed 6'8" tall
rai- Rim 0
FG 4.".72
)Nv 12' 0! 7f masonry wall
F6 4,gT152
WN
P_
coNcRvE
BLOCK BUILIXIG
JA
Sm PLAN +EL 499.m ,t 1
-2794 _e.
(.$K
cavwi�
Cal AND Wr-,LL
BLOW-CA
IN _APPROXIMAW LOOAMON OF
MIN MIN TREATMENT IWESSU-11 4ND
DUALS OXISIOREft FOUNWrION
EL -M.79 NON-STRucwm_
Fe: ;.0L1rKr AREA I (TYA) SL 499X$ EL 49 X4 EL 4999 �
Proposed 6'8" tall
masonry wall
0