HomeMy WebLinkAbout12-12, 10-0130RESOLUTION NO. 12 -12
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY
OF BAKERSFIELD APPROVING AN EXTENSION OF TIME FOR AN
APPROVED CONDITIONAL USE PERMIT FOR A 1.45 -ACRE OIL WELL
DRILL SITE IN AN R -1 (ONE- FAMILY DWELLING) ZONE DISTRICT. (FILE
NO. 10 -0130)
WHEREAS, McIntosh & Associates filed an application with the City of Bakersfield
Planning Department requesting an extension of time for an approved conditional use permit
for a 1.45 -acre oil well drill site in an R -1 (One - Family Dwelling) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, May 8,
2012, 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 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, an initial study was conducted and it was determined that the proposed
project would not have a significant effect on the environment and a Mitigated Negative
Declaration was prepared and posted on April 27, 2010 and adopted on June 8, 2010 by the
Board of Zoning Adjustment in accordance with CEQA; and
WHEREAS, said Mitigated Negative Declaration is appropriate for the proposed one -
year extension of time for Conditional Use Permit No. 10 -0130; 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:
1. 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. Significant environmental impacts were not
identified with the project proposal; therefore, a Mitigated Negative Declaration
was adopted on June 8, 2010 by the Board of Zoning Adjustment. Compliance
with the recommended mitigation measures, local ordinances, and state laws,
will reduce impacts to a less than significant level.
3. The approval of this extension of time is consistent with the purpose and intent of
the City of Bakersfield's Zoning Ordinance and the Metropolitan Bakersfield 2010
General Plan. Municipal Code Section 17.64.060.G. permits the time limits of a
conditional use permit to be extended by the Board of Zoning Adjustment for up
to one year.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT OF
THE CITY OF BAKERSFIELD as follows:
The above recitals, incorporated herein, are true and correct.
2. The Mitigated Negative Declaration adopted for Conditional Use Permit No. 10-
0130 is adequate and fulfills the requirements of CEQA.
3. Conditional Use Permit No. 10 -0130 as described in this resolution and as
originally conditioned by the Board, is hereby granted an extension of the time
limit to commence the rights granted, and that such rights will expire on June 7,
2013.
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 8th day of May
2012.
DATED: May 8, 2012
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
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