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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