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HomeMy WebLinkAboutRes. No. 23-24 (CUP 24-0228) (OCR)RESOLUTION NO. 23-24 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING VOCATION SCHOOL ENTITLEMENT FROM 37,800 SQUARE FEET TO 45,300 SQUARE FEET THROUGH THE CONVERSION OF EXISTING GENERAL OFFICE SPACE (B.M.C 17.20.040 A. 10.} IN A C-O (PROFESSIONAL AND ADMINISTRATIVE OFFICE} ZONE DISTRICT, LOCATED AT 5300 CALIFORNIA AVENUE (CUP 24-0228} WHEREAS, PDA, Inc. (applicant) representing Pacific Health Education Center (property owner) filed an application with the City of Bakersfield Development Services Department for a conditional use permit to expand an existing vocational school entitlement from 37,800 square feet to 45,300 square feet through the conversion of existing general office space (B.M.C. 17.20.040 A. 10.) in a C-0 (Professional and Administrative Office) zone district, located at 5300 California Avenue (the "Project"); and WHEREAS, the Secretary of the Planning Commission set Thursday, July 18, 2024, 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 15332; 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 15332 because the project consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; within city limits on a project site of no more than five acres substantially surrounded by urban uses; have no value as habitat for endangered, rare or threatened species; would not result in any significant effects relating to traffic, noise, air quality, or water quality; adequately served by all required utilities and public services. 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. 24-0228 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. LR \S:\Ol_flanning Commission\ l Resolutions\7-18-24\CUP 24-0228_Resolution_Draft.docx 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 18th day of July 2024, on a motion by Commissioner Bittle, seconded by Commissioner Kaur the following vote: AYES: NOES : ABSENT: Exhibits : Chair Cater, Vice-Chair Strickland, Commissioner Bittle, Kaur, Koman Commissioner Bashirtash, Neal A. B. C. APPROVED Dani~I 'tater, CHAIR City of Bakersfield Planning Commission Conditions of Approval Location Map Site Plan LR \S:\O l_Planning Commission\ l Resolutions\7-18-24\CUP 24-0228_Resolution_Draft.docx EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit No. 24-0228 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 24-0228 Page I 2 of 3 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 the expansion of a vocational school entitlement from 37,800 square feet to 45,300 square feet through conversion of existing general office space in the C-0 {Professional and Administrative) zone district with a maximum of 420 students present on the premises at any given time. 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) {661-326-3607 or DEVBld@bakersfieldcity.us) B. c. 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. DEVELOPMENT SERVICES -PLANNING (1715 Chester Avenue) {Staff contact -Louis Ramirez; 661-326-3323 or LRamirez@bakersfieldcity.us) 1. Prior to receiving final building or site occupancy, you must contact the Planning Division 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. Prior to issuing building permit, fire sprinkler and fire alarm install/modification is a deferred submittal through the Bakersfield Fire Dept. and noted on the plan CUP 24-0228 Page I 3 of 3 D. E. PUBLIC WORKS -ENGINEERING (1501 Truxtun Avenue} (Staff contact -Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) 1. Prior to 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. If there are questions, contact Public Works at (661) 326-3588. 2. 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) 3. Prior to the issuance of each building permit, or if no building permit is required, the first required City approval prior to construction, 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. 4. 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. 5. 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. 6. Before any building or site can be occupied, the developer must reconstruct or repair substandard off-site street improvements that front the site to adopted city standards as directed by the City Engineer. PUBLIC WORKS -TRAFFIC (1501 Truxtun Avenue} (Staff contact -Susanna Kormendi; 661-326-3997 or skormendi@bakersfieldcity.us) 1. The developer shall dedicate any sidewalk extending out of the right of way to the City of Bakersfield for the pedestrian way along all arterial streets. This must be conducted with a separate instrument or final map. 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 5300 California Ave CUP 24-0228 EXHIBIT B CITY OF BAKERSFIELD P.U.D. 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