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HomeMy WebLinkAbout11-24, 11-0377RESOLUTION NO. RESOLUTION OF THE BOARD OF ZONIN( OF BAKERSFIELD APPROVING A CONDI CONSTRUCT AN 85 -FOOT TALL MONOP COMMUNICATIONS FACILITY CAMOUF ANCILLARY EQUIPMENT IN A P.C.D. (PL, DEVELOPMENT) ZONE DISTRICT. (FILE N WHEREAS, VeloTera Services, Inc. filed an apr Planning Department requesting a conditional use t monopole wireless communications facility camoufl equipment. The proposal is located at 12001 Stockc (Planned Commercial Development) zone district; c I1 -24 ADJUSTMENT OF THE CITY ONAL USE PERMIT TO LE WIRELESS AGED AS A PINE TREE WITH gNED COMMERCIAL . 1 1 -0377) ration with the City of Bakersfield rmit to construct an 85 -foot tall ged as a pine tree with ancillary le Highway and is within a P.C.D. 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 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 th� Board of Zoning Adjustment on said date, and no testimony was received either in suppor or opposition of the project; and WHEREAS, the laws and regulations relating to I he California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implemen ation Procedures have been duly followed by city staff and the Board of Zoning Adjustment and WHEREAS, the above described project is accordance with Section 15303; and WHEREAS, the City of Bakersfield Planning De Bakersfield, California) is the custodian of all docum approval of the environmental determination is bas, pt from the requirements of CEQA in irtment (1715 Chester Avenue, is and other materials upon which ; and WHEREAS, the facts presented in the staff repo , initial study, and evidence received both in writing and by verbal testimony at the above eferenced 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 g ven. 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 Bak rsfield CEQA Implementation Procedures have been followed. Staff 4letermined that the proposed is a project that it is Categorically Exempt fr m CEQA under Section 15303 because it consists of the construction of a small 3. The proposed telecommunications facili is desirable to the public convenience as it would improve the qL ality of service for the mobile phone provider's customers in the immediate s rrounding 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 THI� BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD as follows: That the above recitals, incorporated h 2. That this project is exempt from the req 3. That Conditional Use Permit No. 1 1 -0377 approved subject to the conditions of a contained in 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 of Zoning Adjustment of the City of Bakersfield at a rE November, 2011. DATED: November 8, 2011 are true and correct. ments of CEQA. is described in this resolution, is hereby >proval and any mitigation measures as of Zoning Adjustment approved this � as passed and adopted by the Board ular meeting held on the 8th day of CITY OF BAKIfRSFIELD BOARD OF ZONING ADJUSTMENT Rhonda Barnhard, Chair EXHIBIT A -1 CONDITIONS OF AF Conditional Use Permit The applicant's rights granted by this approval VAL 11 -0377 subject to the following provisions: • The project shall be in accordance with all approved plans, conditions of approval, and other required permits old approvals. All construction shall comply with applicable building codes. • 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 modificc cause, including but not limited to, co, conditions are not adequate for the in Unless otherwise conditioned, this apprc under successive owners provided all th satisfied. The following conditions shall be satisfied as In consideration by the City of Bakersfield for Ic limited to related environmental approvals rel( applicant, and /or property owner and /or subc indemnify, defend, and hold harmless the City employees, departments, commissioners or be liability, claims, actions, causes of action or de of them, before administrative orjudicial tribur arising from, the terms and provisions of this ap CEQA approval or any related development c by the City, or not, except for CITY'S sole activ( 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 hts granted if there is good cause, ,iply with conditions of approval, hts granted, or violation by the owner Id Municipal Code pertaining to the )ted. The BZA may also consider under n of any conditions if there is sufficient 4aints regarding the project or that the purpose. ziI runs with the land and may continue above mentioned provisions are of the approval of this project: id use entitlements, including but not ed to or arising from this project, the ✓ider ( "Applicant" herein) agrees to >f Bakersfield, its officers, agents, irds ( "City" herein) against any and all lands whatsoever against them, or any ils of any kind whatsoever, in any way lication, including without limitation any >provals or conditions whether imposed 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. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of acl ually 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 o party. 2. This conditional use permit allows for the constr wireless communications facility camouflaged at 12001 Stockdale Highway within a P.C.D. (Pli district as depicted on the attached exhibits. 3. If security lighting is provided, it shall be direct( light spillage onto adjacent properties and pu ction of an 85 -foot tall monopole )s a pine tree with ancillary equipment nned Commercial Development) zone downward and shielded to prevent rights -of -way. 4. Signs and advertisement are prohibited, excep required informational signs for public safety in accordance with the area limitations of Section 17.60.080 F. 5. The operation of the antenna shall not cause i terference with any electrical equipment in the surrounding neighborhoods suich as television, radio, telephone, computer, inclusive of any public safety radio system, 911 emergency system, etc., unless exempted by federal regulation. 6. 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. 7. Prior to receiving final building or site occupar 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. ld , you must contact the Planning :tions will not be conducted until all ns from the approved plans without ult in reconstruction and delays in M O W n rW V ) J Q Z O V Q Z O U 0 d O U O fl � W N C/ O l M H a ri. LL d LL Q P� 00 5� U) LL Z� V T� 7 N \Oi V w a d LL w o 0 V z to 0 w a d LL w Z a Q s �i-J 55� W agg gs $noLL o Qa W o < g 5� © �.S8 E g$¢ a sg QzuoZ J ug o 3 r 0 =sH Nn -Hak L H. J LU • a lleie Y.1 g yaS x$ 7 yao A'L Hy S m 4 A'S'yy Sal 5 3� �8 � a$ �Srq �a § FB $� �M a� y�¢�¢'ss$�$p55 9 2 Y m� N 2 id G ;: n� 9 5i g Y}$s���3 �� � ESaafb � :: E� tl� :ey �x � � �•3� h..�� bEbb Jill 4151 $$Cy xF� PIP., $ $ pbi 6S3 . fill MY 5y5y Q ny a a. a s a$ $9$"6 YaB 3 -aft 998 O O O O® a 3 \ a F � o x m m W W CIR Q a W W 0 Q: Q a H U LU 0 im Q 0 ~' N CZ C . 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