HomeMy WebLinkAbout12-10, 12-0094RESOLUTION NO. 12 -10
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF
BAKERSFIELD APPROVING A MODIFICATION TO PERMIT AN 8 -FOOT
TALL WROUGHT IRON SWIMMING POOL FENCE WHERE THE MAXIMUM
PERMISSIBLE HEIGHT IS .6 FEET IN A P.U.D. (PLANNED UNIT
DEVELOPMENT) ZONE DISTRICT. (FILE NO. 12 -0094)
WHEREAS, Mike's Fencing, Inc. filed an application with the City of Bakersfield Planning
Department requesting a modification to permit an 8 -foot tall wrought iron swimming pool fence
where the maximum permissible height is 6 feet. The proposal is located at 4701 Beechwood
Street within a P.U.D. (Planned Unit Development) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, April 10,
2012 at the hour of 3:00 p.m. in the 1 st Floor Conference Room of the Development Services
Building, 1715 Chester 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 no testimony was received either in support or 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 granting of the modification will not be materially detrimental to the public
welfare, nor injurious to the property or improvements in the zone or vicinity in which
the subject property is located.
4. The granting of the modification is necessary to permit an appropriate
improvement on the subject property. The requested modification is necessary to
provide the desired level of safety and security for a private swimming pool area.
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.
5. 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:
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. 12 -0094 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 Fick, 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 10th day of April,
2012.
DATED: April 10, 2012
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
Ryan Bland, Chair
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EXHIBIT A -1
CONDITIONS OF APPROVAL
Modification No. 12 -0094
The applicant's rights granted by this approval are subject to the following provisions:
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.
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.
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.
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:
1. 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
arising from, the terms and provisions of this application, including without limitation any
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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 construction of an 8 -foot tall wrought iron swimming
pool fence where the maximum permissible height is 6 feet. The proposal is located at
4701 Beechwood Street within a P.U.D. (Planned Unit Development) zone district. If any
portion of the fence is proposed to encroach into the public right -of -way, then
approval of an encroachment permit from the Public Works Director shall be required.
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SITE PLAN
4701 Beechwood Street
Bakersfield. California
APN 403 -26 -35
L:1IC.KUIbCO -5B&ib i3PLAN.gxd — 0212312012 — 02.39 PM — Scale 1 : 192.000
DATE:
FEBRUARY 23. 2012
SCALE:
1/16° = 1' -0"
ARCHITECT:
MICHAEL DHANENS
SHEET:
1 OF 1