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Home My WebLink AboutCUP 23-0306 AK | S:\04_Current Planning\02_CUP\01_Active\2023\23-0306_1106 Kentucky Street_Multi-Family Apts\01_PC\Final Prep CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: March 21, 2024 AGENDA: 5.a. TO: Chair Bashirtash and Members of the Planning Commission FROM: Paul Johnson, Planning Director DATE: March 15, 2024 FILE: Conditional Use Permit 23-0306 WARD: 2 STAFF PLANNER: Ashley Knight, Assistant Planner REQUEST: A conditional use permit for a multi-family development to include 2 one-bedroom units and 2 studio units in a commercial zone. APPLICANT: Inland Architects OWNER: Pomelo Tr LA LLC Sam Wilson Michael Hariri 1401 19th Street 324 South Beverly Hills Drive Bakersfield, CA 93301 Suite 418 Beverly Hills, CA 90212 LOCATION: 1106 Kentucky Street, Bakersfield, CA 93305 APN: 015-390-15 PROJECT SIZE: 0.17 acres CEQA: Section 15332 (Class 32; In-Fill) EXISTING GENERAL PLAN DESIGNATION: GC (General Commercial) EXISTING ZONE CLASSIFICATION: C-1 (Neighborhood Commercial) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING Conditional Use Permit No. 23-0306 as depicted in the project description and subject to the listed conditions of approval. SITE CHARACTERISTICS: The site is vacant and the surrounding properties are primarily developed as: north – multi-family residential; east – undeveloped land; south – train yard; west – residential. BAKERSFIELD THE SOUND OF fJ'tJlllfd/4W)' 1J+ CUP 23-0306 Page 2 BACKGROUND AND TIMELINE: • January 6, 1910 – Annexation No. 2 was annexed to the City of Bakersfield. This project site was included as a portion of this annexation area (Annexation 2, East Bakersfield). • January 29, 2014 – Permit for a residential demolition permit was approved. • December 6, 2023 – Parcel merger application submitted to merge the two underlying parcels to facilitate the proposed multi-family residential development. PERMITTING: Zoning. Properties with a C-1 (Neighborhood Commercial) zone classification are typically situated within residential neighborhoods, often abutting or in close proximity to a residential development. Pursuant to Bakersfield Municipal Code (BMC) Section 17.22.040, all permitted uses in the R-1, R-2, R-3, and R-4 residential zones are permitted in the C-1 zone with approval of a conditional use permit. These residential zones allow for a variety of housing types varying from single-family (e.g., 1 dwelling unit per acre) to high density apartment buildings (e.g., 72 dwelling units per acre). Site Plan Review. Pursuant to BMC Section 17.08.060, no person shall undertake, conduct, use or construct, or cause to be undertaken, conducted, used or constructed, any of the following without first obtaining site plan approval: any change in the actual use of land or improvements thereon, including, but not limited to, the construction of any improvements which require a building permit, enlargement, reconstruction or renovation of improvements; provided, however, site plan approval may be consolidated with other discretionary approvals such as a conditional use permit. This process is followed to ensure development is designed in compliance with requirements of City standards, policies, and guidelines. Conditional Use Permit. A Conditional Use Permit (CUP) does not authorize uses that the zoning ordinance does not allow, nor uses not expressly prohibited. As noted above, Section 17.22.040 of the zoning ordinance specifically allows residential uses in the C-1 zone with approval of a CUP. It is important to note that CUPs are given at the discretion of the jurisdiction that has authority over the property and may impose special conditions to ensure compatibility with surrounding land uses. PROJECT ANALYSIS: Proposed Use: The applicant is reques�ng to develop 7,500 square foot parcel with two mul�-family residential buildings. Each 1,000 square foot single-story building will consist of 1 one-bedroom unit (615 square feet) and 1 studio unit (385 square feet). Each unit will have a back yard fenced with a 6’ high wood fencing. The back yard is proposed as compacted crushed gravel. The site plan also shows an approximate 1,325 square foot area between the buildings and parking as compacted crushed gravel. The applicant has agreed to upgrade these areas with grass (turf). Therefore, should your Commission approve the request, staff is recommending a condi�on of approval requiring the plans be revised to reflect the change, prior to applying for building permits (Condi�on B-1). Off-street parking for the residents is provided off the alley. Four parking spaces are required and four spaces are being provided. CUP 23-0306 Page 3 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 15332 (Class 32: In-Fill). This exemption includes projects that occur within city limits, are no more than 5 acres, and are substantially surrounded by urban uses. 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 comments have been received. CONCLUSIONS: Findings. BMC Section 17.64.060.D contains specific findings that must be made for your Commission to approve the requested conditional use permit. Specifically, the section states that a CUP 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 key elements and objectives of the general plan and applicable specific plans. BMC Section 17.64.060.E also states that a conditional use permit may be subject to 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 proposed project would provide a public convenience by offering additional dwellings to local residents; (2) the project 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 to include: Goal 3: Preserve, rehabilitate, and enhance existing housing and neighborhoods. Goal 5: Encourage sustainable development patterns and promote infill with sufficient affordable housing with access to transit, employment opportunities, community facilities and services, and amenities. Policy 3-1: Preserve existing neighborhoods. CUP 23-0306 Page 4 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 23-0306 with conditions of approval. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation Development Plans • Site Plan • Floor Plan • Elevations Resolution with Exhibits