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HomeMy WebLinkAboutRes. No. 87-23 (CUP 23-0509)RESOLUTION NO. 87-22 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ALLOW MULTI- FAMILY HOUSING (8.M.C. 17.24.040.A.3.) IN A C-2 (REGIONAL COMMERCIAL) ZONE DISTRICT, LOCATED AT 889 OAK STREET (CUP 23-0509) WHEREAS, The Housing Authority of the County of Kern filed an application with the City of Bakersfield Development Services Department for a conditional use permit to allow Multi- family housing (B.M.C. 17.24.040.A.3.) in a C-2 (Regional Commercial) zone district, located at 889 Oak Street (the "Project"); and WHEREAS, the Secretary of the Planning Commission set Thursday, December 21, 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; 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. 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. 23-0509 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 21st day of December, 2023, on a motion by Commissioner Bittle, seconded by Commissioner Kaur the following vote: AYES: NOES: ABSENT: Exhibits: Bashirtash, Cater, Bittle, Kaur None Koman, Neal APPROVED A. B. C. HARY BASHIRTASH, CHAIR C y of Bakersfield Planning Commission Conditions of Approval Location Map Site Plan EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit No. 23-0509 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 23-0509 Page I 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 Multi-family housing (Bakersfield Municipal Code 17.24.040.A.3.) in the C-2 (Regional Commercial) zone district. Ill. 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) B. {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. 5. Prior to issuing a building permit, the pool that is to be filled with soil, they need to punch a couple of holes at the bottom of the pool 3 feet by 3 feet for drainage and obtain Compaction Testing. DEVELOPMENT SERVICES -PLANNING (1715 Chester Avenue) {Staff contact -Yazid Alawgarey; 661-326-3191 or yalawgarey@bakersfieldcity.us) 1. Street addresses for the project shall be designated by staff. These numbers will be the only addresses assigned by the city unless you wish to have a different address program. Internal building unit addresses will be only by suite number and will be the responsibility of the owner or developer to assign to each tenant. Please contact the Paula Soto at 661-326-3248 for further information. (Note: It is recommended that you assign suite numbers beginning with 100,200,300 etc. instead of an alphabetic character. If in the future a tenant space were split, you would then be able to assign a suite number between the existing numbers, which would keep your suites in numerical CUP 23-0509 Page I 3 of 4 c. D. order. Keeping an orderly numbering system will make it easier for customers, emergency personnel, and mail delivery to find the business.) 2. Provide a map and a list/spreadsheet indicating all unit numbers that need to receive mail. All unit numbers shall be numeric. Mixed alphas and numeric designations are unacceptable in all cases (e.g. A-1, B-2, etc.). Please contact the Paula Soto at 661-326-3248 for further information. 3. A Park Development and Improvement Fee shall be paid at the time of the building permit being issued for each independent residential unit. We will base the fee at the rate in effect at the time the permit is issued. 4. 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 a building or site occupancy. 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. 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. 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 submit two (2) sets of utility plans signed by a California Registered Civil Engineer to the Water Resources Department showing all offsite and onsite improvements, including connections to the existing water main and underground fire waterlines and related apparatuses. Include any existing nearby on or off-site hydrants on the plans. Plans shall be submitted along with applicable plan check fees and any other associated fees per the current fee schedule. Plans shall comply with current City Standards and Specifications, California Fire Code, and City of Bakersfield Municipal Code. City Standards and Specifications and the current Fee Schedule are available for download from the City's website at bakersfieldcity.us/379/water-resources. CUP 23-0509 Page I 4of 4 F. PUBLIC WORKS -TRAFFIC AND ENGINEERING (1501 Truxtun Avenue) G. (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. 3. 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. 4. Prior to building permit approval, the developer shall form a new Maintenance District, or update existing Maintenance District Documents. Updated documents, including Proposition 218 Ballot and Covenant, shall be signed and notarized. Contact Subdivisions at 661-326-3588. 5. For Building Permit, Plan will need to show all existing connection(s) to the public sewer system. 6. Any proposed or future perimeter fence and/or wall shall be placed outside of existing public road right of way or future ultimate public right of way. 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. 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 CUP 23-0509 EXHIBIT B CITY OF BAKERSFIELD CHESTER LN HMR p HC '$ HC GC GC CUP 23-0509 t;; ""' <[ 0 GC GC LR SUNSET AVE LR LR SAN EMIOIO IT LR CHESTER LN LR GC LEGEND (GENERAL PLAN LAND USE) RR Rural Residential 2.5 gross acres/dwelling unit ER Estate Residential I dwelling unit/net acre SR Suburban Residential :54 dwelling units/net acre IR/lR County: :5 4 dwelling units/net ocre City: :5 7.26 dwelling units/net acre lR low Density Residential :5 7.26 dwelling units/net acre lMR low Medium Density Residential > 4 but :5 IO dwelling units/net acre HMR High Medium Density Residential > 7.26 units but :517.42 dwelling units/net acre HR High Density Residential > 17.42 units but :572.6 dwelling units/net acre HC Highway Commercial GC General Commercial MC Major Commercial OC Office Commercial MU( Mixed Use Commercial ll light Industrial II Service Industrial HI Heavy Industrial Public Facilities Pl Public/Private Schools PT Public Transportation Corridors P-IW Solid Woste Focilities 01 Open lpoce 01-P Porks and Recreation OS-I Slopes exceeding 30'/, R-IA Resource - Intensive Agriculture 20 acre minimum parcel size R-EA Resource - Extensive Agriculture 20 acre minimum parcel size 80 ocre min {Williomson Act) R-MP Resource - Minerals & Petroleum 5 acre minimum parcel size UER Urban Estate Residential Western Rosedale Plan 0.5 acre net minimum parcel size WM West Ming Specific Pion l:J BAKERSFIELD t Feet 0 75 12/6/2023 150 C-2 C-2 .................. ------------------------------- C-2 1~..:rir~1 N -$ OVEAALL SITE: Fl-AN N ------i----------~~ ~ I I I L _____________ _ □ -$ ENI.A~ INl"fl..LEC) FOOL A~ C-2 C-2 1-u u " 1-.. 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