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Home My WebLink About11-25, 11-0444RESOLUTION NO. 11 -25 RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD APPROVING A MODIFICATION TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 10 TO 8 FEET, TO REDUCE THE REAR YARD BUILDING SETBACK FROM 20 TO 5 FEET, AND TO WAIVE THE REQUIREMENT FOR A 6 -FOOT TALL MASONRY WALL ALONG THE REAR PROPERTY BOUNDARY TO ALLOW FOR THE CONSTRUCTION OF A 20,707 SQUARE FOOT RETAIL BUILDING WITH A 70 -STALL PARKING LOT IN A C -2 (REGIONAL COMMERCIAL) ZONE DISTRICT. (FILE NO. 11 -0444) WHEREAS, Embree Asset Group filed an application with the City of Bakersfield Planning Department requesting a modification to reduce the required front yard setback from 10 to 8 feet, to reduce the rear yard building setback from 20 to 5 feet, and to waive the requirement for a 6 -foot tall masonry wall along the rear property boundary to allow for the construction of a 20,707 square foot retail building with a 70 -stall parking lot. The proposal is located at 401 Union Avenue within a C -2 (Regional Commercial) zone district; and WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, December 13, 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 17 of the Bakersfield Municipal Code; and WHEREAS, a public hearing was held before the Board of Zoning Adjustment on said date, and testimony was received both in support and 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 Implementation 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 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 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 given. 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 Bakersfield 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 minor alterations to land use limitations. 3. The approval of this modification is necessary to permit appropriate improvements on the site. The granting of the modification will not be materially detrimental to the public's health and safety, nor injurious to the property or improvements in the zone or vicinity in which the subject property is located. 4. The proposal, as designed and conditioned, is consistent with the goals 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: 1. That the above recitals, incorporated herein, are true and correct. 2. That this project is Categorically Exempt from the requirements of CEQA. 3. That Modification No. 11 -0444 as described in this resolution, is hereby approved subject to the conditions of approval and any mitigation measures as contained in Exhibit "A -1 ". On a motion by Board Member Underwood, the Board of Zoning Adjustment approved this resolution by the following roll call vote: AYES: Bland, Fick, Underwood NOES: ABSENT: I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Board of Zoning Adjustment of the City of Bakersfield at a regular meeting held on the 13th day of December, 2011. DATED: December 13, 2011 CITY OF BAKERSFIELD BOARD OF ZONING ADJUSTMENT Rya B , Chair -2- EXHIBIT A -1 CONDITIONS OF APPROVAL Modification No. 11 -0444 1. The applicant's rights granted by this approval are subject to the following provisions: o The project shall be in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes. o All conditions imposed shall be diligently complied with at all times and all construction authorized or required shall be diligently prosecuted to completion before the premises shall be used for the purposes applied for under this approval. o This approval will not be effective until ten (10) days after the date upon which it is granted by the BZA to allow for appeal to the City Council. Any permit or license for any approval granted shall not be issued until that effective date. This approval shall automatically be null and void two (2) years after the effective date unless the applicant or successor has actually commenced the rights granted, or if the rights granted are discontinued for a continuous period of one (1) year or more. This time can be extended for up to one (1) additional year by the approving body. The BZA may initiate revocation of the rights granted if there is good cause, including but not limited to, failure to comply with conditions of approval, complete construction or exercise the rights granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the premises for which the approval was granted. The BZA may also consider under the revocation addition to or modification of any conditions if there is sufficient cause, including but not limited to, complaints regarding the project or that the conditions are not adequate for the intended purpose. o Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. II. The following conditions shall be satisfied as part of the approval of this project: In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and /or property owner and /or subdivider ( "Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ( "City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way -3- arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active 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 actually 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 or party. 2. This modification authorizes the reduction of the required front yard setback from 10 to 8 feet, reduction of the rear yard building setback from 20 to 5 feet, and a waiver of the requirement for a 6 -foot tall masonry wall along the rear property boundary to allow for the construction of a 20,707 square foot retail building with a 70 -stall parking lot. The proposal is located at 401 Union Avenue within a C -2 (Regional Commercial) zone district. 3. 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