HomeMy WebLinkAboutRes. No. 21-24 (CUP 22-0399)RESOLUTION NO. 21-24
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT TO ALLOW
LIVESTOCK SLAUGHTERING AND PROCESSING {B.M.C,
17.28.030.11) IN A M-1 {LIGHT MANUFACTURING) ZONE
DISTRICT, LOCATED AT 207 MONTEREY STREET {CUP 22-0399)
WHEREAS, Sustainable Infrastructure and Structural Projects, Inc. filed an application with
the City of Bakersfield Development Services Department for a conditional use permit to al!ow
livestock slaughtering and processing (B.M.C. 17.28.030.11) in a M-1 (Light Manufacturing) zone
district, located at 207 Monterey Street (the "Project"); and
WHEREAS, the Secretary of the Planning Commission set Thursday, June 20, 2024, at 5:30
p.m. in City Council Chambers, City Hall South, 1501 Truxtun A venue, 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 I 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:
l. Al! 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, IO 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. 22-0399 as described in this resolution, is hereby
approved subject to the conditions of approval in Exhib it A and as shown in
Exhibits B and C.
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 20th day of
June, 2024, on a motion by Vice-Chair Strickland, seconded by Commissioner Kaur to the
following vote:
AYES:
ABSENT:
Exhibits:
CATER, KAUR, KOMAN STRICKLAND
BASHIRTASH, BITTLE, NEAL
A.
B.
C.
APPROVED
DANIEL CATER, CHAIR
City of Bakersfield Planning Commission
Conditions of Approval
Location Map
Site Plan
YA \S:\01 Planning Commission\ l Resolulions\6-20-24\CUP 22-0399 (Item 6.a.)\06 -CUP 22-0399_Resolution.docx
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit No. 22-0399
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.
• A!I conditions imposed shalt be diligently complied with at a!! times and a!l 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 lt 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 granted1 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 scitisfied.
II. The following conditions shall be satisfied as part of the approval of this project:
L 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 !imitation any CEQA approval or any related development
approvals or conditions whether imposed by the City, or not, except for ClTY'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 allowed to choose the attorney or outside law firm to defend the City at the sofe 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 livestock slaughtering and processing services (Bakersfield
Municipal Code 17.28.030.11.) in the M-1 {light Manufacturing) zone district.
3. The applicant is permitted to retain up to 100 live poultry at any given time. If demand
necessitates an increase, the applicant must submit a written request to the Planning Director
for approval.
4. During the receipt and storage of the live poultry, the holding area shall be in a continuous
climate-controlled environment.
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.
A.
The items listed below will usually need to be shown on the final building plans or completed before
a building permit is issued.
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
oppropriate school district impact fees.
S. Show on the final building plan how and where water will be drained from the property.
6. The developer shall include fire resistive wa!I construction details with the final building plans
for all exterior walls of any building that is within the distance as set forth in Table 602 of the
California Building Code.
CUP 22-0399 Page I 2 of 5
7. The developer shall obtain all required approvals from the Kern County Environmental Health
Services Department (2700 "M" Street, Bakersfield, CA., 93301; PH 661-862-8700) for any
food handling facility (i.e.: market, delicatessen, cafe, concession, restaurant) before building
permits can be issued,
B. DEVELOPMENT SERVICES-PLANNING (1715 Chester Avenue)
C.
(Staff contact-Yazid Alawgarey; 661-326-3191 or yalawgarey@bakersfieldcity.us)
1. 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.
2. Prior to applying for any building permits, the project proponent shall submit an Industrial
Wastewater Discharge Permit for review and approval by the City Wastewater Division. Any
requirements of the Wastewater Division shall be incorporated into the building permit
design.
3. Prior to issuance of any building permit, the project proponent shall include an in-ground
grease interceptor which the capacity has been reviewed and approved by the City
Wastewater Division.
4. Applicant must complete and submit a USDA Custom Exempt Poultry Establishment
Registration form (https;//www.cdfa.ca.gov/ahfss/MPES/MPES_Forms_Applications.html)
and comply with all other federal requirements for exempt processing, namely 9 CFR 303 and
381 (https;//www ,govi nfo .gov/ content/ pkg/CFR-2011-title9-vol2/xm 1/CFR-2011-tit1e9-
vo12-chapl ! I .xml).
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
CUP 22-0399 Page I 3 of 5
D.
E.
WATER RESOURCES (100-0 Buena Vista Road)
(Staff contact-Tylor Hester; 661-326-3715 orTHester@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.
PUBLIC WORKS-TRAFFIC ANO ENGINEERING (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.
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.
s. For Building Permit, Plan will need to show all existing connectron(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.
7. Prior to issuance of building permit(s), the grading plan shall be approved by both the Public
Works Department and the Building Division.
8. All storm water generated on the project site, including the street frontage shall be retained
onsite unless otherwise allowed by the Public Works Department {please contact the Public
Works Department-Subdivisions at 661-326--3576).
CUP 22-0399 Page l 4 of 5
F.
9. If the project generates industrial waste, it shall be subject to the requirements of the
Industrial Waste Ordinance. An industrial waste permit must be obtained from the Public
Works Department before issuance of the building permit. To find out what type of waste ls
considered industrial, please contact the Wastewater Treatment Superintendent at 661-326-
3249.
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 22-0399 Pagel 5 ofS
207 Monterey St
CUP 22-0399
EXHIBIT B
CITY OF BAKERSFIELD
M-1
M-1
M-1
178·
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LEGEND
(ZONE DISTRICTS)
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6,000 1q.h. min lat \in
1.1.4.5 Ono Fomily Owtlli•g
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lhtot,
10,000 ,q.h. min lot 1111
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1◄,000 ,q.h./dwtlhn11ni1
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4.500 ,qJt. min lot 1i11 (,inglo fomily)
6,000 sq.ft. mi• lot 1i11 (m,ltifamily)
2,500 ,qJt. Ill or11/dw1llmg unit
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6,000 ,qJt. min lot sizt
1,250 ,qJt. lot or11/dw11Uog uoi1
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6,000 ,qJt. min lot ,;,.
600 1q,h. lat DIIO/dwellit,g unit
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70 au, ra• lot silt
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