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Home My WebLink About11-20, 11-0320RESOLUTION NO. 11 1-20 RESOLUTION OF THE BOARD OF ZONINC OF BAKERSFIELD APPROVING A CONDII CONSTRUCT A 50 -FOOT TALL UNCAMO( IN AN M -2 (GENERAL MANUFACTURING 11-0320) WHEREAS, Lazer Broadcasting filed an appli( Department requesting a conditional use permit to antenna tower. The proposal is located at 6901 Mc Manufacturing) zone district; and WHEREAS, the Board of Zoning Adjustment, th September 13, 2011, at the hour of 3:00 p.m. in Conf, Truxtun Avenue, Bakersfield, California, as the time a them on the proposal, and notice of the public heal Title 17 of the Bakersfield Municipal Code; and ADJUSTMENT OF THE CITY ONAL USE PERMIT TO =LACED ANTENNA TOWER ZONE DISTRICT. (FILE NO. on with the City of Bakersfield Planning nstruct a 50 -foot tall uncamouflaged ,itt Drive and is within an M -2 (General ugh its Secretary, set TUESDAY, ence Room A of City Hall North, 1600 J place for a public hearing before g was given in the manner provided in WHEREAS, a public hearing was held before tho Board of Zoning Adjustment on said date, and no testimony was received either in suppo t or opposition of the project; and WHEREAS, the laws and regulations relating to (CEQA) and the City of Bakersfield's CEQA Implemen followed by city staff and the Board of Zoning Adjustr WHEREAS, the above described project is accordance with Section 15303; and ie California Environmental Quality Act :ition Procedures have been duly ent; and pt from the requirements of CEQA in WHEREAS, the City of Bakersfield Planning Dep rtment (1715 Chester Avenue, Bakersfield, California) is the custodian of all docume its and other materials upon which approval of the environmental determination is based; and WHEREAS, the facts presented in the staff repc both in writing and by verbal testimony at the above findings contained in this resolution; and WHEREAS, at the above mentioned public he facts, testimony and evidence was considered by th made the following findings regarding the proposed All required public notices have been proposed project were mailed to pror area and published in a local newspa the hearing. 2. The provisions of CEQA and City of Bak Procedures have been followed. Staff project that it is Categorically Exempt f it consists of the construction of a small , initial study, and evidence received ;ferenced public hearing(s), support the ng(s), the proposal was heard and all Board of Zoning Adjustment, and they roject: ,en. Hearing notices regarding the fy owners within 300 feet of the project r of general circulation 10 days prior to sfield CEQA Implementation etermined that the proposed is a m CEQA under Section 15303 because 3. The proposed facility is desirable to the public convenience as it would improve the quality of service for the commerci 1 radio broadcaster's listeners and would not adversely affect surrounding prope ies. 4. The proposed use is in harmony with th 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 horein, are true and correct. 2. That this project is exempt from the requirements of CEQA. 3. That Conditional Use Permit No. 11 -0320 as described in this resolution, is hereby approved subject to the conditions of pproval and any mitigation measures as contained in Exhibit "A -1 ". On a motion by Board Member Underwood, t e Board of Zoning Adjustment approved this resolution by the following roll call vote: AYES: Barnhard, Burns, Und NOES: ABSENT: I HEREBY CERTIFY that the foregoing resolution of Zoning Adjustment of the City of Bakersfield at a re September, 2011. DATED: September 13, 2011 s passed and adopted by the Board ar meeting held on the 13th day of CITY OF BAKERSFIELD BOARD OF ZONING ADJUSTMENT [ TIT05 0 I 2 rd, Chair EXHIBIT A -1 CONDITIONS OF APrROVAL Conditional Use Permit No. 11 -0320 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 diligent construction authorized or required sha before the premises shall be used for th 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 ( 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 apt under successive owners provided all satisfied. 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 ghts granted if there is good cause, ,mply with conditions of approval, ghts granted, or violation by the owner eld Municipal Code pertaining to the anted. The BZA may also consider under on of any conditions if there is sufficient plaints regarding the project or that the ?nded purpose. val runs with the land and may continue above mentioned provisions are II. The following conditions shall be satisfied as port of the approval of this project: 1. 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 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 ( by the City, or not, except for CITY'S sole activ( 3 nd use entitlements, including but not ted to or arising from this project, the ivider ( "Applicant" herein) agrees to Df Bakersfield, its officers, agents, Ards ( "City" herein) against any and all nands whatsoever against them, or any als of any kind whatsoever, in any way Acation, including without limitation any pprovals or conditions whether imposed negligence or willful misconduct. This indemnification condition does not preN decision by the City related to this project a regardless of whether any other permits or en- ,nt the Applicant from challenging any d the obligations of this condition apply dements are issued. The City will promptly notify Applicant of any uch 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 cittorney 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 gr party. 2. This conditional use permit allows the construc ion a 50 -foot tall uncamouflaged antenna tower with one 6 -foot diameter dish antenna at 6901 McDivitt Drive within an M -2 (General Manufacturing) zone district as d picted on the attached exhibits. 3. If security lighting is provided, it shall be directed downward and shielded to prevent light spillage onto adjacent properties and public rights -of -way. 4. Signs and advertisement are prohibited, except 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 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. 6. Facilities shall be maintained in good conditioO and a proper state of preservation at all times. They shall be operational and present satisfactory appearance consistent with the original approval. 7. Prior to receiving final building or site occupar Division for final inspection and approval. InsF required items have been installed. Any devic prior approval from the Planning Division may obtaining a building or site occupancy. 0 , you must contact the Planning tions will not be conducted until all ns from the approved plans without ult in reconstruction and delays in O NM O T T 75 W 0- rW V ) J Q z O z O U HG I- 1VOIX3W N as C It In 1 1 C N N N / �:, 0� Q P� /I O 0 W N Z �QN LL.CO� r O M O N N 2i U Z W J 2 � J m O (~j t o C It In 1 1 C N N N / �:, 0� Q P� /I O 0 W N Z �QN LL.CO� r O M O N N 2i U Z O M CieO r r G W CL W h J i Z O IH r�1 Iil 'I -,' L I � I I , I I , I I I , I I I I I❑ > CD 0 LO z Z � ml I o O Z OC H ti j U =m H m .W �I I — ❑ ❑ `m° w 0 �D w ~ N G4 L-1 O L4 a. 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