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CITY OF BAKERSFIELD
PLANNING COMMISSION
STAFF REPORT
MEETING DATE: June 15, 2023 AGENDA: 5.c.
TO: Chair Bashirtash and Members of the Planning Commission
FROM: Paul Johnson, Planning Director
DATE: June 9, 2023
FILE: Conditional Use Permit No. 23-0165
WARD: 1
STAFF PLANNER: Veronica Martinez, Associate Planner I
REQUEST: A conditional use permit to allow residential dormitories in the M-1 (Light Manufacturing) zone
district located at 2240 South Union Avenue.
APPLICANT: PDA, Inc.
Attn: Andrew Erb
1330 22nd St, Suite #100
Bakersfield, CA 93301
OWNER: Farmworkers Institute of
Education & Leadership Dev.
Attn: David Villarino
122 E. Tehachapi Blvd, Suite C
Tehachapi, CA 93561
PROJECT LOCATION: 2240 South Union Avenue
APN: 172-190-22
PROJECT SIZE: 2.35 Acres CEQA: Section 15301 (Class 1; Existing Facilities)
EXISTING GENERAL PLAN DESIGNATION: LI (Light Industrial)
EXISTING ZONE CLASSIFICATION: M-1 (Light Manufacturing)
STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING Conditional Use
Permit No. 23-0165 as depicted in the project description and subject to the listed conditions of approval.
SITE CHARACTERISTICS: The property site is currently developed with an existing office building as part of
a training facility. Surrounding properties are primarily developed as: north – truck yard; east – canal and
municipal airport; south – contractor’s storage yard; and west – truck yard and shopping center.
CUP 23-0165 Page 2
BACKGROUND AND TIMELINE:
• September 24, 1971 – The project site was annexed to the City of Bakersfield. City Council approved
annexation of the site as part of a larger annexation (Annexation 177).
• March 8, 1983 – Site Plan Review No. 122 was approved to allow expansion of a recycling center by
adding an additional building to the Bakersfield ARC (Advocacy-Respect-Community) facility
(previously Bakersfield Association for Retarded Citizens).
• October 14, 1986 – Conditional Use Permit No. 4541 was approved to allow expansion of a recycling
center to handle newspaper, cardboard, glass, aluminum and paper commodities.
• July 9, 1998 – Site Plan Review No. P98-0444 was approved to allow expansion of a recycling center
by adding a 1,540 square foot office addition.
• 2022 – Three aspects of Kern County's economic development push (workforce training,
entrepreneurship and support for farmworker communities) merged and with $8 million in state
money, purchased and renovated a new career development center at the former home of
Bakersfield ARC.
PROJECT ANALYSIS:
The Farmworkers Institute of Education & Leadership Development (FIELD) is requesting a conditional use
permit to convert existing office space at the Career Technical Education (CTE) campus into residential
dormitories. FIELD is non-profit organization committed to uplifting the economic prospects of
underserved populations established in 1978 by Cesar E Chavez. FIELD carries out this mission through a
continuum of educational and workforce development programs.
Proposed Use: This proposal includes the conversion of existing office space of FIELD into 16 residential
dormitories for young adults between the ages of 18-26 years old on 2.35 acres. The proposal also includes
a laundry room, recreation room, cafeteria, and kitchen expansion. The proposed use will provide young
adults with paid work experience in recycling and natural resource careers (trail blazing, wood chipping,
firefighting and prevention, freeway clean-up, and landscaping). Applicant states young adults are
employed by FIELD directly to perform environment-related work to address climate conditions and
hazards across California.
This program will require members to: be a member of FIELD’S Cesar Chavez Environmental Corporation,
be enrolled in an education program, and must be without a current permanent residence. The
dormitories will have a full-time advisor with a curfew of 10:30 P.M. The program will also provide a
variety of opportunities to learn fundamental skills such as communication, career planning, problem
solving, and leadership. Additionally, this proposal allows members of this program an opportunity to
complete the program removing any barriers, such as transportation.
Zoning and Permitting: In accordance with Bakersfield Municipal Code Section 17.28.030.16, residential
dwellings are a permitted use in the M-1 (Light Manufacturing) zone district subject to approval of a
conditional use permit.
Conditional Use Permit. A conditional use permit allows a jurisdiction to consider special uses which may
be essential or desirable to a community, but which are not allowed as a matter of right. It is also
important to note that should your Commission approve the project, the applicant's rights granted by
CUP 23-0165 Page 3
approval are subject to the operating standards approved by your Commission. The Planning Commission
may initiate revocation of the rights granted if there is good cause, including but not limited to failure to
comply with conditions of approval. The Planning Commission may also consider adding or modifying
conditions to ensure the use complies with the intent of City ordinances. Staff’s recommended conditions
are included as Exhibit A to the Resolution.
Airport Land Use Compatibility Plan. Staff has reviewed the proposal for compatibility with the County
of Kern Airport Land Use Compatibility Plan (“ALUCP”). The project site falls within Compatibility Zone C
for the Bakersfield Municipal Airport. According to Table 2A of the ALUCP, Zone C is within the common
traffic pattern and considered limited risk from frequent noise intrusion with aircraft at or below 1,000
feet AGL (Above Ground Level). Medium-density apartments are normally acceptable uses in this zone,
subject to dedication of an overflight easement. Should your Commission approve the proposed request,
the applicant will be required to record an avigation easement prior to issuance of any building permits.
ENVIRONMENTAL REVIEW AND DETERMINATION:
This project has been found to be exempt from the provisions of the California Environmental Quality Act
(CEQA) and the City of Bakersfield's CEQA Implementation Procedures in accordance with Section 15301
(Class 1: Existing Facilities Projects). This exemption includes projects in urban areas that are consistent
with the applicable zoning and General Plan designation, Class 1 consists of the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no expansion of
existing or former use, and can be adequately served by all required utilities and public services. A Notice
of Exemption has been prepared.
PUBLIC NOTIFICATION:
Public notice for the proposed project and environmental determination was advertised in The Bakersfield
Californian and posted on the bulletin board in the City of Bakersfield Development Services Building,
1715 Chester Avenue, Bakersfield, California. All property owners within 300 feet of the project site were
notified by United States Postal Service mail regarding this public hearing in accordance with city
ordinance and state law. Signs are required as part of the public notification process and must be posted
between 20 to 60 days before the public hearing date. Photographs of the posted signage and the
Declaration of Posting Public Hearing Notice signed by the applicant are on file at the Planning Division.
Comments Received. As of this writing, no written public comments have been received.
CONCLUSIONS:
Findings. Bakersfield Municipal Code (“BMC”) Section 17.64.060.D contains specific findings that must be
made in order for your Commission to approve the requested conditional use permit. Specifically, the
section states that a conditional use permit shall be granted only when it is found that:
1. The proposed use is deemed essential or desirable to the public convenience or welfare; and
2. The proposed use is in harmony with the various elements and objectives of the general plan and
applicable specific plans.
BMC Section 17.64.060.E goes on to state that a conditional use permit may be subject to such conditions
as deemed appropriate or necessary to assure compliance with the intent and purpose of the zoning
regulations and the various elements and objectives of the general plan and applicable specific plans and
policies of the city or to protect the public health, safety, convenience, or welfare.
CUP 23-0165 Page 4
In accordance with these required findings, and as conditioned, Staff finds: (1) the proposal would provide
a public convenience by offering more job opportunities to local residents; (2) the proposal will positively
enhance the site and allow for a positive contribution to the community; and (3) the project would result
in a development that is consistent with the intent of both the Metropolitan Bakersfield General Plan and
the Bakersfield Municipal Code.
Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the
proposal sufficiently demonstrates compliance with the necessary findings. Therefore, staff recommends
your Commission adopt Resolution and suggested findings APPROVING Conditional Use Permit 23-0165
as recommended by staff and subject to the listed conditions of approval.
ATTACHMENTS:
Map Set
• Aerial
• Zone Classification
• General Plan Designation
Development Plans
• Site Plan
• Floor Plan
• Elevation
• Landscape Plan
Operational Statement
Resolution with Exhibits
RESOLUTION NO. ______
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO CONVERT EXISTING OFFICE SPACE INTO RESIDENTIAL DORMITORIES (17.28.030.16) IN A M-1 (LIGHT MANUFACTURING) ZONE DISTRICT, LOCATED AT 2240 SOUTH UNION AVENUE (CUP 23-0165)
WHEREAS, PDA, Inc. filed an application with the City of Bakersfield Development
Services Department for a conditional use permit to convert existing office space into residential dormitories (17.28.030.16) in a M-1 (Light Manufacturing) zone district, located at
2240 South Union Avenue (the “Project”); and WHEREAS, the Secretary of the Planning Commission set Thursday, June 15, 2023, at 5:30 p.m. in City Council Chambers, City Hall South, 1501 Truxtun Avenue, Bakersfield,
California, as the time and place for a public hearing before the Planning Commission to consider the proposed conditional use permit, and notice of the public hearing was given in
the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, at the public hearing (no testimony was received either in support or opposition of the Project) (testimony was received only in support/opposition/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 Planning Commission; and
WHEREAS, the above described project is exempt from the requirements of CEQA in
accordance with Section 15301; and
WHEREAS, the City of Bakersfield Development Services Department (1715 Chester
Avenue, Bakersfield, California) is the custodian of all documents and other materials upon
which the environmental determination is based; and
WHEREAS, the facts presented in the staff report and evidence received both in writing
and by verbal testimony at the above referenced public hearing support the following
findings:
1. All required public notices have been given. Hearing notices regarding the
Project were mailed to property owners within 300 feet of the Project area and
published in The Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing.
2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield
CEQA Implementation Procedures have been followed. Staff determined that the proposal is a project that is exempt from CEQA pursuant to Section 15301
because the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.
2
3. The proposed use is essential and desirable to the public convenience and
welfare.
4. The proposed use is in harmony with the various elements and objectives of the
Metropolitan Bakersfield General Plan.
5. The project would result in a development that is consistent with the intent of
both the Metropolitan Bakersfield General Plan and the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows:
1. The above recitals, incorporated herein, are true and correct.
2. This project is exempt from the requirements of CEQA.
3. Conditional Use Permit No. 23-0165 as described in this resolution, is hereby
approved subject to the conditions of approval in Exhibit A and as shown in Exhibits B and C.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Planning Commission of the City of Bakersfield at a regular meeting held on the 15th day of June, 2023 on a motion by Commissioner _______, seconded by Commissioner ________ the
following vote:
AYES:
NOES:
RECUSE:
ABSTAIN:
ABSENT:
APPROVED
____________________________________
ZACHARY BASHIRTASH, CHAIR City of Bakersfield Planning Commission
Exhibits: A. Conditions of Approval B. Location Map
C. Site Plan
EXHIBIT A
CONDITIONS OF APPROVAL Conditional Use Permit No. 23-0165
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
Planning Commission 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 Planning Commission 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 Planning Commission may also
consider adding or modifying conditions to ensure the use complies with the intent of City ordinances.
• 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
and 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 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.
CUP 23-0165 Page | 2 of 4
The City will promptly notify Applicant of any such claim, action or proceeding, falling under this
condition within thirty (30) days of 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 conditional use permit to convert existing office into residential dormitories (B.M.C.
17.28.030.16).
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 items listed below will usually need to be shown on the final building plans or completed before a
building permit is issued.
A. DEVELOPMENT SERVICES - PLANNING (1715 Chester Avenue)
(Staff contact – Veronica Martinez; 661-326-3640 or vmartinez@bakersfieldcity.us)
1. Prior to the issuance of building permits, the developer shall file a copy of a recorded lease,
CC&Rs, or other instrument that ensures that off-site parking and/or legal access proposed for
this project is available for its actual lifetime, with the Planning Division for review and approval.
For orderly development: Off-site parking and/or off-site access to the project is shown on the
plans.
2. Prior to the issuance of building permits, a parcel merger or lot line adjustment application
removing or relocating property lines shall be submitted to the Planning Division. Recordation of
the map shall occur before final building or site occupancy can be granted. If our records are in
error, please provide a copy of the parcel map, subdivision map, or certificate of compliance
showing the approved property lines. Please note that an Assessor’s map is not acceptable since
it is only for tax purposes and does not verify legal parcel status.
For Ordinance Compliance: Our records show that the project is contained on more than one
parcel. Because building setbacks cannot be met based on the design layout, a parcel line bisects
a building, and/or parking for residential use is not on the same site as the project (Section
17.58.020.B of the Bakersfield Municipal Code).
3. The site is within Airport Land Use Compatibility Plan Zones C. Prior to the issuance of building
permits, an avigation easement shall be executed, approved as to form by the Public Works
Department/Bakersfield Municipal Airport Operations Manager. A copy must be provided to the
Planning Director.
CUP 23-0165 Page | 3 of 4
B. PUBLIC WORKS - SOLID WASTE (4101 Truxtun Avenue)
(Staff Contact – Richard Gutierrez; or rmgutierrez@bakersfieldcity.us)
1. You must contact the Solid Waste staff within 10 business days after comments are provided
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 and are as follows:
Cart service -- 1 time per week
Front loader bin services -- 3 cubic yard/week - 12 cubic yards/day
Roll-off compactor service -- More than 12 cubic yards/day
APPLICANT’S RESPONSE:__________________________________________________________
2. Show on the final building plans refuse/recycle/organics bin enclosures. Each enclosure shall be
designed according to adopted city standard (Detail # ST-27 through ST-31), at the size checked
below . Before occupancy of the building the site is allowed, 12, 3 -cubic yard front loading
type refuse/recycle/organic bin(s) and shall be placed within the required enclosure(s).
_____3_______8' deep x 20' wide (4 bins) 10,000 Sq. Ft. buildings and above
(Note: All measurements above are curb-to-curb dimensions inside the enclosure. If both
refuse and recycling containers are to be combined in the same enclosure area, this area must
be expanded in size to accommodate multiple containers/bins - contact the staff person above
for the appropriate enclosure size.)
3. Examples of enclosure styles can be found on (Detail # ST-27- ST-29B).
4. Facilities that require infectious waste services shall obtain approval for separate infectious
waste storage areas from the Kern County Health Department. In no instances shall the refuse
bin area be used for infectious waste containment purposes.
5. Facilities that require grease containment must provide a storage location that is separate from
the refuse bin location. This shall be shown on the final building plans. If a grease interceptor is
to be used instead of a grease containment bin, the plans must still show the location of an
adequately sized enclosure should a grease containment bin be required at a future date. The
grease containment bin shall not share the same enclosure as the refuse/recyclable/organic bin
enclosure.
6. Facilities with existing refuse service must improve the service location area(s) according to
adopted City standards (Detail # ST-27 and ST-29B). These improvements shall be clearly shown
on the final building plans.
CUP 23-0165 Page | 4 of 4
7. If utilities are incorporated into the enclosure design, they shall not interfere with space
provided for refuse bins and must provide sufficient protection measures to guard the utilities
from damage.
8. Enclosures shall not be located in an area that would cause the refuse trucks to interfere with
drive thru traffic flow, entering or exiting the site, drive thru lanes, block busy streets, and be
located in a spot where the driver does not have to pull the bin more than 10 feet etc.
9. Businesses are required to have sufficient capacity of refuse/recycling/organic material storage
to go without service for 1 day (Sunday). At any time refuse/recycling/organic services become
an issue, businesses shall construct a second refuse enclosure to meet the demand. The second
enclosure shall be approved by the City prior to construction.
10. Revise the site plan to make the trash enclosure accessible to the refuse truck. In commercial
developments enclosures must be placed in main drive isles to prevent injury to the public and
driver. This allows the refuse truck to stay away from entrances of the buildings. City trucks may
not drive down dead end corridors, backing distance shall not exceed 50ft; if so a, turn-around
area shall be provided.
11. Construction in existing areas must adapt to new City standards. Old practices will not be
permitted on new construction.
ACKNOWLEDGEMENT BY PROJECT APPLICANT:
I agree to the project’s conditions of approval and acknowledge that failure to comply with any and all
conditions shall constitute grounds for potential revocation of the permit approval.
Signature Date
Print Name
M-1
M-1
M-1
M-1
M-1 M-1M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
R-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1M-1C-2
C-2
M-1
M-1
M-1
M-1
M-1M-1M-1M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
M-1
S
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A
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e Coy AveS Union Ave5/31/2023
0 110 220
Feet
_
CUP 23-0165
2240 S. Union Ave
CITY OF BAKERSFIELD
CUP 23-0165
R-1 One Family Dwelling
6,000 sq.ft. min lot size
R-1-4.5 One Family Dwelling
4,500 sq.ft. min lot size
E Estate
10,000 sq.ft. min lot size
R-S Residential Suburban
24,000 sq.ft./dwelling unit
R-S-( ) Residential Suburban
1, 2.5, 5 or 10 min lot size
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family)
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min lot size
1,250 sq.ft. lot area/dwelling unit
R-4 High Density Multiple Family Dwelling
6,000 sq.ft. min lot size
600 sq.ft. lot area/dwelling unit
R-H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A-20A Agriculture
20 acre min lot size
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-O Professional and Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C-C Commercial Center
C-B Central Business
PCD Planned Commercial Development
M-1 Light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlay
OS Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
FP-P Floodplain Primary
FP-S Floodplain Secondary
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citizen Overlay
HD Hillside Development Combining
WM- West Ming Specific Plan
LEGEND
(ZONE DISTRICTS)
EXHIBIT B
EXHIBIT C
EXHIBIT C
EXHIBIT C
EXHIBIT C