HomeMy WebLinkAbout12-08, 12-0021RESOLUTION NO. 12 -08
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF
BAKERSFIELD APPROVING A MODIFICATION TO REDUCE THE PARKING
REQUIREMENT FROM 7 TO 4 SPACES FOR A 12 -BED ROOMINGHOUSE
IN AN M -1 (LIGHT MANUFACTURING) ZONE DISTRICT. (FILE NO. 12-
0021)
WHEREAS, Christina Felix filed an application with the City of Bakersfield Planning
Department requesting a modification to reduce the parking requirement from 7 to 4 spaces for
a 12 -bed roominghouse. The proposal is located at 2703 M Street and is in an M -1 (Light
Manufacturing) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, March 13,
2012, at the hour of 3:00 p.m. in the l 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, and notice of the public hearing was given in the
manner provided in Title 17 of the Bakersfield Municipal Code; and the Board continued this _
item to their April 10, 2012 public hearing; and
WHEREAS, a public hearing was held before the Board of Zoning Adjustment on said
dates, 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 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 project is exempt from
CEQA under Section 15305, because the project represents a minor alteration to a
land use limitation.
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 use on the
subject property and would not be materially detrimental to the public welfare,
nor injurious to the properties in the vicinity of the subject property.
5. The granting of the proposed modification would not be inconsistent with the
purposes and intent of the Bakersfield Zoning Ordinance.
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 the proposed project is exempt from CEQA under Section 15061(b) (3).
3. That Modification No. 12 -0021 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 131a - d, C�air
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EXHIBIT A -1
CONDITIONS OF APPROVAL
Modification No. 12 -0021
I. 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:
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 orjudicial tribunals of any kind whatsoever, in anyway
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.
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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 zoning modification allows for the conversion of a 2,240 square foot veterinary facility
to a 12 -bed roominghouse with a minimum of 4 parking spaces at 2703 M Street in an M-
1 (Light Manufacturing) zone district. Residents shall not be permitted to possess personal
vehicles.
III. The following are specific items that you need to resolve before you can obtain a building
permit or be allowed occupancy. These items include conditions and /or mitigation required
by previous site entitlement approvals (these will be specifically noted), changes or
additions that need to be shown on the final building plans, alert you to specific fees, and
other conditions for your project to satisfy the City's development standards. The item will
usually need to be shown on the final building plans or completed before a building permit
is issued. Each has been grouped by department so that you know whom to contact if you
have questions.
A. DEVELOPMENT SERVICES - BUILDING (Staff contact - Janice Horcasitas 661 - 326 -3607)
1. Within 30 days from the approval of this modification, a building permit for the change of
use from a veterinary facility to a roominghouse shall be obtained to ensure compliance
with all applicable building, housing, and fire code requirements to the satisfaction of the
Building Director. Within 60 days from the approval of this modification, a certificate of
occupancy for the roominghouse shall be obtained. The maximum permissible number
of residents shall be determined by the Building Director prior to occupancy but shall not
exceed 12.
2. Buildings or structures shall require installation of an automatic fire sprinkler system where
required by current California Building Code and City ordinance.
E. DEVELOPMENT SERVICES - PLANNING (Staff contact - Paul Hellman 661 - 326 -3733)
1. The minimum parking required for this project shall be four (4) spaces.
2. All parking lots, driveways, drive aisles, loading areas, and another vehicular access
ways, shall be paved with concrete, asphaltic concrete (A. C.), or other paved street
surfacing material in accordance with the Bakersfield Municipal Code (Sections
15.76.020 and 17.58.060 A.).
3. A minimum of two trees shall be maintained along the subject property's street frontage
in accordance with Chapter 17.61 of the Bakersfield Zoning Ordinance. Two tree
planters exist along the property's street frontage, one of which presently does not
contain a tree. Prior to issuance of a certificate of occupancy for the roominghouse, a
minimum 15- gallon container tree shall be planted within the empty tree planter.
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4. Business identification signs are neither considered nor approved under this review. A
separate sign permit, reviewed by the Planning and Building Divisions and issued by the
Building Division, is required for all new signs, including future use and construction signs.
Signs must comply with the Sign Ordinance (Chapter 17.60 of the Bakersfield Municipal
Code).
5. Refuse collection bin enclosures and container areas are subject to all required structural
setback from street frontages, and shall not reduce any parking, loading or landscaping
areas as required by the Zoning Ordinance.
6. Prior to receiving final building or site occupancy, you must contact the Planning Division
(staff contact noted above) for final inspection and approval of the landscaping,
parking lot, lighting and other related site improvements. Inspections will not be
conducted until all required items have been installed. Any deviations from the
approved plans without prior approval from the Planning Division may result in
reconstruction and delays in obtaining building or site occupancy.
C. PUBLIC WORKS - SOLID WASTE (Staff contact - John Wilburn 661- 326 -3114)
You must contact the staff person noted above before building permits can be issued or
work begins on the property to establish the level and type of service necessary for the
collection of refuse and /or recycled materials. Collection locations must provide
enough containment area for the refuse that is generated without violating required
zoning or setback restrictions (see Planning Division conditions). Levels of service are
based on how often collection occurs as follows:
Cart service -- 1 cubic yard /week or less 1 time per week
Front loader bin services -- 1 cubic yard /week - 12 cubic yards /day
Roll -off compactor service -- More than 12 cubic yards /day
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