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Home My WebLink AboutCUP 23-0187CUP No. 23-0187 Page 1 CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: September 7, 2023 AGENDA: 5.a. TO: Chair Bashirtash and Members of the Planning Commission FROM: Paul Johnson, Planning Director DATE: September 1, 2023 WARD: 6 FILE: Conditional Use Permit No. 23-0187 STAFF PLANNER: Yazid Alawgarey, Associate Planner I REQUEST: A conditional use permit to allow veterinary services in the C-O zone. APPLICANT: Elevate Architecture OWNER: Simi Valley Spay and Neuter Clinic 2131 19th Street, Suite ‘A’ 1659 E Los Angeles Avenue Bakersfield, CA 93301 Simi Valley, CA 93065 PROJECT LOCATION: 1414 Valhalla Drive APN: 164-370-04 PROJECT SIZE: Approximately 0.25 acres CEQA: Section 15301 (Class 1; Existing Facilities) EXISTING GENERAL PLAN DESIGNATION: OC (Office Commercial) EXISTING ZONE CLASSIFICATION: C-O (Professional and Administrative Office) STAFF RECOMMENDATION: Adopt Resolution APPROVING Conditional Use Permit as depicted in the project description and subject to the listed conditions. SITE CHARACTERISTICS: The project site is currently developed with existing commercial. Surrounding properties are all developed as: north – commercial office buildings; east – commercial office buildings; south – commercial office buildings; and west – multi-family residential development. of the Pla r CUP No. 23-0187 Page 2 BACKGROUND AND TIMELINE: x September 24, 1963 – The project site was annexed from the County into the City of Bakersfield (Annex No. 141 -Stine No. 1). x April 21, 1977 – Parcel 4 of recorded Parcel Map 4063 encompasses the project site. x July 1, 1978 – The approval for a 3,200 square foot commercial building for development. PROJECT ANALYSIS: Simi Valley Spay and Neuter Clinic is a non-profit organization deemed essential to public welfare by assisting in maintaining a smaller population of animals that roam the streets producing un-housed litters. Spay and neuter clinics also help with the prevention of infection, disease, as well as the behavioral problems that come with animals and their natural mating instinct. Simi Valley Spay and Neuter Clinic would positively contribute to the general public’s health and offer services that are otherwise not available in the immediate area. The building would be compatible to its surrounding environment and the proposed location is in correlation to the need in the area. Conditional Use Permit (“CUP”). Pursuant to the Bakersfield Municipal Code, Section 17.20.040, Veterinary services are a permitted use in the C-O zone subject to approval of a conditional use permit. ENVIRONMENTAL REVIEW AND DETERMINATION: The 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, (Existing Facilities). This exemption includes Class 1 Projects consisting of the operation, permitting, leasing, licensing, or minor alteration of existing public or private structures involving negligible or no expansion of existing or former use. 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 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. CUP No. 23-0187 Page 3 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. In accordance with these required findings, and as conditioned, Staff finds: (1) the proposal would provide a public convenience by offering more job opportunities; (2) the proposal will positively enhance the site and allow for a positive contribution to the community; (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; (4) the project will provide a Veterinary service that is lacking in the general area; and (5) the project will improve public welfare by reducing infections and disease caused by unhoused animals. Consistency with Surrounding Development. The project would provide for an expansion of existing commercial uses in the area. Consistency with General Plan/Zoning Ordinance. The proposal is consistent with land use goals and policies as contained in the General Plan related to commercial development, as noted above. Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the proposal is compatible with the surrounding area, land use designation, and zoning ordinance. Therefore, staff recommends your Commission adopt Resolution and suggested findings APPROVING Conditional Use Permit 23-0187 as recommended by staff and subject to the listed conditions of approval. ATTACHMENTS: Map Set x Aerial x Zone Classification x General Plan Designation x Site Plan Resolution with Exhibits RESOLUTION NO. ______ RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ALLOW VETERINARY SERVICES (B.M.C. 17.20.040A.9.) IN A C-O (PROFESSIONAL AND ADMINISTRATIVE OFFICE) ZONE DISTRICT, LOCATED AT 1414 VALHALLA DRIVE (CUP 23-0187) WHEREAS, Elevate Architecture filed an application with the City of Bakersfield Development Services Department for a conditional use permit to allow veterinary services (B.M.C. 17.20.040A.9) in a C-O (Professional and Administrative Office) zone district, located at 1414 Valhalla Drive (the “Project”); and WHEREAS, the Secretary of the Planning Commission set Thursday, September 7, 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 is an existing Facility. YA \\\sandevsvs\devsvs\pln\SHARED\04_Current Planning\02_CUP\01_Active\2023\23-0187_1414 Valhalla Drive_Veterinary\01_PC\03_CUP 23-0187_Resolution.docx 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. 23-0187 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 7th day of September, 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. 23-0187 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. 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 CUP 23-0187 Page | 2 of 4 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 allows Veterinary Services (Bakersfield Municipal Code 17.20.040A.9.) in the C-O (Professional and Administrative Office) zone district. 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 - BUILDING (1715 Chester Avenue) (Staff Contact – Shannon Clark, 661-326-3607 or sclark@bakersfieldcity.us) 1. Impact fees shall be paid at the time of building permit issuance. 2. Building permits are required for all construction on site. Submit plans for review and approval prior to obtaining all required permits for construction of the project. 3. A Special Inspection Permit is required to determine what corrections are needed to satisfy minimum building, plumbing, electrical, and/or mechanical code standards. 4. Prior to issuing a building permit, the Building Division will calculate and collect the appropriate school district impact fees. B. DEVELOPMENT SERVICES - PLANNING (1715 Chester Avenue) (Staff contact – Yazid Alawgarey; 661-326-3191 or yalawgarey@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. C. FIRE DEPARTMENT (2101 H Street) (Staff contact - Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us) 1. The project must comply with the current California Fire Code and current City of Bakersfield Municipal Code. CUP 23-0187 Page | 3 of 4 2. Where fire apparatus access roads or a water supply for the fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction 3. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. All new construction of access gates shall be equipped with an automatic opening device which is activated through the wireless activation system utilized on City of Bakersfield owned vehicles for traffic preemption. Installation and maintenance of the wireless activation system on access gate(s) shall be completed by the gate owner. The gate opening device shall have a disconnect feature for manual operation of the gate when the power fails. D. WATER RESOURCES (1000 Buena Vista Road) (Staff contact - Tylor Hester; 661-326-3715 or THester@bakersfieldcity.us) 1. Prior to the issuance of Building permits, the developer shall complete and submit to the Water Resources Department the Application for Water Service. The application is available for download from the City’s website at www.bakersfieldcity.us/gov/depts/water_resources. E. PUBLIC WORKS - ENGINEERING (1501 Truxtun Avenue) (Staff contact – Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) 1. At the time of building permit issuance, a sewer connection fee shall be paid. This fee is based on the rate that is in effect at the time a building permit is issued. F. PUBLIC WORKS - TRAFFIC (1501 Truxtun Avenue) (Staff contact – Susanna Kormendi; 661-326-3997 or skormendi@bakersfieldcity.us) 1. Prior to issuance of any building permits, the developer/owner shall pay a Transportation Impact Fee (TIF) for regional facilities. This fee will be based on the rate in effect at the time the applicable approval is issued. The Public Works Department will calculate an estimate of the total fee upon submittal of construction plans for the project. 2. A street permit from the Public Works Department shall be obtained before any work can be done within the public right-of-way (streets, alleys, easements). Please include a copy of this site plan review decision to the department at the time you apply for this permit. G. PUBLIC WORKS - SOLID WASTE (4101 Truxtun Avenue) (Staff Contact – Richard Gutierrez: 661-326-3114 or rmgutierrez@bakersfieldcity.us) 1. 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. CUP 23-0187 Page | 4 of 4 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. 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