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HomeMy WebLinkAboutCUP No. 24-0192 LR │ S:\04_Current Planning\02_CUP\01_Active\2024\24-0192_3801 Paseo Airosa\01_PC\Final Prep\01_CUP 24-0192_Staff Report.docx CITY OF BAKERSFIELD PLANNING COMMISSION STAFF REPORT MEETING DATE: October 17, 2024 AGENDA CATEGORY: 5. a. TO: Chair and Members of the Planning Commission FROM: Paul Johnson, Planning Director DATE: October 11, 2024 FILE: Conditional Use Permit No. 24-0192 STAFF PLANNER: Louis Ramirez, Associate Planner REQUEST: A proposed conditional use permit to allow an increase in beds from 6 to 10 beds to an existing residential care facility. (Ward 5) APPLICANT: PDA, Inc. OWNER: Heritage Living, Inc. Jeremy Manning Tina Malhi 1330 22nd Street, Suite 100 3801 Paseo Airosa Bakersfield CA, 93301 Bakersfield CA, 93311 LOCATION: 3801 Paseo Airosa APN: 394-174-04 Bakersfield CA, 93311 PROJECT SIZE: 0.16 Acres CEQA: Section 15303 (Class 3) EXISTING GENERAL PLAN DESIGNATION: LR (Low Density Residential) EXISTING ZONE CLASSIFICATION: R-1 (Single-Unit Dwelling) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING Conditional Use Permit No. 24-0192 as depicted in the project description and subject to the listed conditions of approval. SITE CHARACTERISTICS: The project site is developed with single family residential. Surrounding properties are developed as single family residential to the north, east, south and west. ~ BAKERSFIELD TI-E SOOIO OF~ &I,, CUP 24-0192 BACKGROUND AND TIMELINE: • May 6, 2014 – State of California Department of Social Services licensed Heritage Living to operate and maintain residential care elderly (Facility No. 157206724). PROJECT ANALYSIS: Request. Heritage Living Inc. (Heritage) is an existing (6) six bed Residential Care Facility for the Elderly (RCFE) that is licensed by the California State Department of Social Services seeking to expand to a (10) ten bed facility. The facility is regulated by the California Code of Regulations Title 22. Heritage is licensed through the Department of Social Services. Heritage operates 24 hours, 7 days a week including the holidays. There is a total of four full time and three part time workers consisting of direct care staff (caregivers), activities personnel, an administrator, and a facility manager. Residents are elderly and require around the clock supervision and transportation to appointments. Visitation hours are Monday – Sunday 9am - 4pm, unless there are special accommodations needed. State Law. State law preempts local zoning controls over licensed residential care facilities. If a licensed facility serves six or fewer persons (this does not count the caregivers), the law states this is a residential use and therefore, cannot be treated any differently than a typical family living situation. This means that the city cannot require any special permits, business license, home occupation permit, fire code restrictions, building codes, etc. unless such is required of any other family dwelling. Occupancy (number of people) is limited by the Uniform Housing Code, which applies to all residences, and is based on the size of each bedroom. State law requires that a residential facility have a valid license to operate (Section 1568.5 of the Health and Safety Code). Therefore, if a facility is licensed by the state, the city must recognize the zoning preemption. The State Department of Social Services licenses all day care, mental care, group homes, and elderly care homes. Residential Facility. “Residential facility” means any group care or similar facility, licensed by the State of California, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual as provided in Section 1502 of the California Health and Safety Code. • Residential Facility serves 6 or fewer people (count does not include live-in owners or help): o is permitted by right in all residential zones (considered by state law a residential use) o no city business license or home occupation permit is required o the operator must have a valid license to operate from the State of California o is not subject to standards or regulations differently from any other typical home • Residential Facility serves 7 or more people (count does not include live-in owners or help): o a conditional use permit is required in all residential zones o a city business license is required (however, no home occupation is needed) o the operator must have a license from the State of California o additional building and fire safety items may be required (i.e. handicapped access, alarm/fire sprinklers, etc.) City Regulations. The project site is zoned R-1 (One Family Dwelling Zone) and designated LR (Low Density Residential) under the Metropolitan Bakersfield General Plan. The Zoning Ordinance authorizes the Planning Commission to grant conditional use permits for hospitals, sanitariums and rest homes, uses that CUP 24-0192 are similar in character and purpose to the proposed use, in any zone provided they are deemed essential or desirable to the public convenience or welfare and are found to be in harmony with the objectives of the general plan. The proposed residential care facility expansion is essential to the public convenience since it would provide necessary services for an underserved segment of the community. 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 15303 (new construction or conversion of small structures). This exemption includes projects that the conversion of existing small structures from one use to another. 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. CONCLUSIONS: Findings. Bakersfield Municipal Code (B.M.C.) 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. B.M.C. 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 an increase in services to elderly residents; (2) the project will maintain the sites exterior as a single-unit dwelling, thus contributing to sustaining the neighborhood aesthetics; and (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. CUP 24-0192 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 No. 24-0192 with conditions of approval. ATTACHMENTS: Map Set • Aerial • Zoning • Land Use Site Plan Operations Statement Community Outreach Draft Resolutions with Exhibits MAP SET Conditional Use Permit 24-0192 AERIAL •:t ~ BAKERSFIELD t Feet 0 80 160 MAP PACKAGE Conditional Use Permit 24-0192 CITY OF BAKERSFIELD a:: UJ ~ 0 Ill SOLTIERRA PL R- <( z <( ll.. ~ <( u <( > TIPPERARY DR a:: Cl Cl z UJ IXI l!1 z i 0 0 -.I R- <( Ill 0 a:: <( 0 w Ill <( ll.. GALWAY BAY DR 1-u 0 ....I IXI UJ ::::, ll.. CAM EL CANON R- DELUSION DR z -~ a:: ~ -..., < vi <I: u 1-u >-UJ z 0:: <( ....I ....I :.:: I- Ill Ill >-<( a:: \!l z Cl z UJ IXI I I f-1 I 1-u z a:: ::::, IXI >-UJ ....I R-'1 I <( ....I ....I c.. R-1 <( u <( > I Zoning Residential Zone Designations c=J R-1 One Family Dwelling •:t ~ BAKERSFIELD t Feet 0 80 160 MAP PACKAGE Conditional Use Permit 24-0192 CITY OF BAKERSFIELD a:: UJ ~ 0 Ill SOLTIERRA PL <( z <( ll.. ~ <( u <( > TIPPERARY DR <( Ill 0 a:: <( 0 w Ill <( ll.. GALWAY BAY DR L!!R DELUSION DR I-u 0 L!!R ....I ro UJ ::::, ll.. CAM EL CANON 1-u >-w z 0:: <( ....I ....I :.:: I- I/I Ill ~ a:: \!l z Q z UJ ro l!.R 1-u z a:: ::::, ro >-UJ ...J <( ....I = ll.. LR <( u <( > Land Use RESIDENTIAL LR -Low Density -Residential: ~ 7.26 dwelling units/net acre •:t ~ BAKERSFIELD t Feet 0 80 160 MAP PACKAGE E:XISTIN,S, RE:SIDE:N Cc d) ' ;,. N $ T E:XISTIN,S, 1'.E:SIDE:NCE: f I I I 7 I I I I I I I I I I I I I I I I @) I @) I @) I @) I I I I I 125'-O" I I I I I I I --1 ............ I I I I -I I I / \ ( ~@ / --............ \ / \ 6'-3" ~ I T / ih PROPERTY LINE -~8.56" ~ t-@ ---~ --~ I \ ~ io ~ I a "--I T - I I I I I I I I I I I I ., I U) , I E:XISTIN,S, !li I I COYE:l'.E:D FlE:SIDE:NCE: ~ '1 PATIO ffi I 0.. ~ I 0.. I I I I I I I I I -------I@/ 0 : / \ I I ~ I L -7 -..__@_ --------\ PROPERTY LINE -108.14' '\ l'i' 'I" / .._::::-,.. ___ ' I \ I ) E:XISTIN,S, \ / 1'.E:SIDE:NCE: '---_/ SITE FL.AN / ' f- / I -r-- ENTRY \ © @ '..J b! 0 0 CT) ® I L___J I bi" @ ' -'_j _J --- I \ @) @) -- +l-2Gf'-I" I I \ \ / ® .......-- --- Cy~ ® □ G: @ I I ., ,n ' w z :J >- ti: I w g; I "" 0.. D ® -- ---... -- ® @ -.... "' - - ' \ I I ) I 11 )> I (I\ m 0 )> I~ 0 (I\ I)> l/811 E:XISTIN,S, 1'.E:SIDE:NCE: HERITAGE LIVING RESIDENTIAL CARE FACILITY 3801 PASEO AIROSA, BAKERSFIELD, CA PfitOJEC T ANAL. YSIS SCOPE: OF 11110"-I<: 5lBMITTIN6 EXISTIN6 PLANS OF AN EXISTIN6 RESIDENTIAL GARE FAGILITY HITH 5 BEDROOM AND :'l BATHS. THERE HILL BE NO PHY51GAL GHAN6E5 TO THE EXISTIN6 STIRUC.TURE P"-0..JE:CT ANAL "fSIS PROPERTY ADDRESS, ASSESSORS PARGEL NUMBER, YEAR BUILT, ZONE, SITE AREA, RE:SIDE:NTIAL CAl'.E: FACILJT"f ANAL "fSIS OGGUPANGY (GHAN.SE OF USE) :leOI PA5EO AJR05A :'l'l4-n4--04 1'1'14 R-1 OJ6 AG (6'1'12 1/2 5F) EXISTIN6 USE (RESIDENTIAL GARE FAaLITY LE55 THAN 6 GLIENTS) R-:'l.l PROPOSED U5E (RESIDENTIAL GARE FAaLITY HORE THAN 6 GLIENTS) R-4 GONSTRIJC.TION TYPE, PROPOSED, ARE SPRINKLER, AREALARH, SMOKE ALARM ALLOHABLE AREA R-4 (NSJ BL!L~N6 AREA. ELDERLY GARE FAQUTY 6ARA6E oc;GUPANT LOAD (1/200 5FJ EXIT ANAL Y515 TOTAL OGGUPANTS EXITS REGUIRED EXITS PROVIDED EXIT HIDTH REGl.!RED EXIT HIDTH PROVIDED PARKIN£, REGUIRED V-B YES (TO BE INSTALLED UNDER SEPARATE PERMIT) YE5 YE5 1PQO SF 2,51:'l SF :'l'!Cf 5F 15 OGG 15 2 2 ;'l" 12" EXISTIN6 6ARA6E AND DRIVE HAY PARKIN€, NO GHAN6E. NO MINMJ-1 R.EGLIRED PARKING, PER =NANGE nse.ol.5 (E) Cf PARKIN6 5PAGE5 J l<E:"fNOTE:S Q) (E) 6" GONGRETE GURB @ (E) 6' SIDEHALK PER GITY STANDARDS @4 EXISTIN6 HOOD FENGE @ EXISTIN6 Ll6HT POLE ® ® CT) ® ® @ © @ @) @) EXISTIN6 FIRE EXTIN6UISHER EXISTIN6 HATER HETER EXISTIN6 .SAS HETER EXISTIN6 ELEGTRIGAL HETER EXISTIN6 DRIVE HAY/BREAK EXISTIN6 GONGRETE HALK PATH EXISTIN6 SEGURITY .SATE EXISTIN6 6" MASONRY HALL 6'-0" HI.SH EXISTIN,S STEEL ,SATE EXISTIN6 PARKIN6 SPAGE ,S,cNE:1'.AL NOTE:S OHNER TO OPEN 5EGTIONS OF HALL AND PLUHBIN6 FOR INSPEGTION. OHNER TO GOORDINATE LOGATION HITH INSPEGTOR Ii < 't---~--~--~ i TPPERARY DR N ....-eLN T SITE! $ VICINITY MAF L V) I- u w D I- 0 ... "' I 0 u a.. V z °' <( "' 7 1330 22nd STREET, SUITE 100 BAKERSFIELD, CALIFORNIA 93301 TELEPHONE: [6611 326-8936 COPYRICHf PDA IN: expressly reserves ns ccpyr'r:j,t CJ1d other property rlg-11:; 17 these docurients which ere not to l:e rEPrcx:luoo::J, chrnged or copied In rny wrrttai. g-aphlc or electrooc forn rior llSSlgried to my thrd pcrty w1thc(Jt the exp-e~ written consent of PDA INC I\DTICE TO Ca-.JTRA.CTORS Written dnenSIOnS on these d-aWirq: slidl td<e i::recooooce ove-scaled dlrierelol'l>. Contro:to- shol verify ord be responsble for confining di diilE!f'ISIOns Clld shct rotrfy II",, cTdlrtect medately of cny d'ocrep:Jricfes or fl~d VOrla1k.Jll:, discovered HERITAGE LIVING 3801 PASEO AIROSA BAKERSFIELD, CA DATE ISSUED FOR 3-22-24 GONDITIONAL USE PERMT "l-rt-24 eutDIN6 DEPT REVB'II 4I0--24 BULDIN6 DEPT REVIB',I NO. REVISIONS 1 & & 4 SITE: PLAN FILE NAME: 4266A 1-0 SHEET A-1.0 f--/ ACTIYIT"I"' ROOM LIYINCS-ROOM 352 SF BEDIO BED '1 L......J.1'7 0 0 I---' RR C) N $-FLOOR FLAN 6EC,ROOM 5 200 SF -____ / TOILE'. BED B R '--' I I I !<ITC.HEN 12'1 SF CLOSET f CLST 6EC,ROOM 4 110 SF 3ED 1 --0 I 11'-111 AIR CONC,, I b ) LIYINCS-ROOM 214 SF CLST OF'F'IGE ) ::.LO! btl-0" ~LO CLST , -LAUNC,R"I"' ROOM BED 5 6EC,ROOM S Ill SF ~I BED~. I b r --::.LOI BED I b j BED 9 I -M 0 10'1 SF 6EC,ROOM I 133 SF I\ I BED 2 I I BED 4 -□ □ I I ~ I \ c< RR □ I \ --( ENTR"I"' \ '-.._ CLOSET -CS-ARACS-E -1/411 I ... _J "' 7 ' ,I.) v V) t-u w I-I u a.. V z°' <( NO C-34490 RENEWAL 1330 22nd STREET, SUITE 100 BAKERSFIELD, CALIFORNIA 93301 TELEPHONE: [6611 326-8936 COPYRICHf PDA IN: expressly reserves ns ccpyr'r:j,t CJ1d other property rlg-11:; 17 these docurients which ere not to l:e rEPrcx:luoo::J, chrnged or copied In rny wrrttai. g-aphlc or electrooc forn rior llSSlgried to my thrd pcrty w1thc(Jt the exp-e~ written consent of PDA INC I\DTICE TO Ca-.JTRA.CTORS Wrllten dnensions on these d-aWirq: slidl td<e i::recooooce ove-scaled dlnerelol'l>. Contro:to-shol verify ord be responsble for confining di diilE!f'ISIOns Clld shct rotrfy II",, cTdlrtect medately of cny d'ocrep:Jricfes or fl~d VOrla1k.Jll:, discovered HERITAGE LIVING 3801 PASEO AIROSA BAKERSFIELD, CA DATE ISSUED FOR 3--22-24 GONDITIONAL USE PERHT Cf-6-24 GONDtTIONAL U5E PERHT NO. REVISIONS F'LOOR FLAN FILE NAME: 4266 SHEETA-.:2.0 Operational Statement Heritage Living Inc. Heritage Living Inc. is an existing (6) six bed Residential Care Facility for the Elderly (RCFE) that is licensed by the California State Department of Social Services seeking to expand to an (10) ten bed facility. The facility is regulated by the California Code of Regulations Title 22, which does not fall under the OSHPD 2 requirements. Heritage is licensed through the Department of Social Services rather than the Department of Health Services. Heritage operates 24 hours, 7 days a week including the holidays. There is a total of 4 full time and 3 part time workers consisting of direct care staff (caregivers), activities personnel, an administrator, and a facility manager. Refer to Appendix A and Appendix B, which shows the number of shifts and schedules for the employees. Residents are elderly and require 24/7 supervision and transportation to appointments. Visitation hours are as follows: Monday – Sunday 9am-4pm, unless there are special accommodations needed. HERITAGE LMNG INC. Appendix A Direct Care Staff Shifts & Schedules AM SHIFTS Mon Tue Wend Thur Fri Sat Sun Full time direct staff #1 6AM- 6PM 6AM- 6PM 6AM- 6PM 6AM- 6PM 6AM- 6PM Full time direct staff #2 6PM- 6AM 6PM- 6AM 6PM- 6AM 6PM- 6AM 6PM- 6AM Part time direct staff #1 6PM- 6AM 6PM- 6AM Part time direct staff #2 6AM- 6PM 6AM- 6PM HERITAGE LMNG INC. Appendix B Activities Personnel Schedule Activities Mon Tue Wend Thur Fri Sat Sun Activities Coordinator 8am-3pm 8am-3pm 8am-3pm 8am-3pm 8am-3pm Administrator & Facility Manager Schedules Mon Tue Wend Thur Fri Sat Sun Administrator 8am-5pm 8am-5pm 8am-5pm 8am-5pm 8am-5pm Facility Manager 8am-5pm 8am-5pm 8am-5pm 8am-5pm 8am-5pm HERITAGE LMNG INC. I I To Whom it May Concern: For the past 12 years at 3801 Paseo Airosa, I've had a residential living facility to assist the elderly. The facility provides daily living needs for elderly individuals who often are experiencing Dementia or Alzheimer's. Due to their confusion and inability to care for themselves, families require the assistance of community facilities. The facility is expanding services from six to nine beds to provide services to those in need. As a courtesy notice, I want to inform neighbors of the change. Name: Addr~s: Phone Number: Signature ·1c) (('\OI S 380s ftts;eo ~h I-SLt.b-S½ )& ••' ~---· 4-; ro~V\_ -~-·s e \ \-vo-0- ', ~\{)..~ ~\)""'~"' ~i \ 'J_ V~\W Wl .--;'1~ --~\'-\~ (j_\_ "'~~a.., ~\avi~~ 3 ~( 5· \lct.5 ev -t"<::~ ,.-7 65 -~' . ' -~)/\ff-' A"~ A A{/;v;_e--------·· l . 5 \~ 31;?o/J~ lob/-351J-~3ts Vdwif). -~ ,,.--,-//6)/ 3 ✓tf:Y r ·v1a---1 ·r,r';,:1erei '7" t:J r. o?;ty-t?f"?I ~<&60 .__.;.eon\ ~el ~\ \ \' \\ fffYW '1 \J, b"') Z00i-2vi ~\f.°'vo -(Qv"', e.M,~ ~r,K;y\5 \\oD"L Ga\wi ~oy 0'<'\'\J (jp01)3:734L/l8 WJ;l/4l-Q. Q . ,d~-l\\(( ( ,(\ i l lf -a~-~,{{ q 6~ -,(1 t>SJ-1 ~---~:s. 'V-..' \ ·..,jf V\,\_ ~ -s. -r ,f__ fJ h-e_ A) I I d 1> 4 e A-rrt r Ait} ~ t (-~tl~·-''f~o 'I A-y l-U(L ,11'/tf_ 4,-:T rJ (Le.. 4: If you have any questions, please contact me any time at 661-979-0417. Respectfully, l?Jl;;a ;(f.lJ-;:/!Uf/4_ RESOLUTION NO. ______ RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TEN BED RESIDENTIAL CARE FACILITY (B.M.C. 17.10.020; COMMUNITY CARE FACILITY, LARGE) IN A R-1 (SINGLE-UNIT DWELLING) ZONE DISTRICT, LOCATED AT 3801 PASEO AIROSA (CUP 24-0192) (WARD 5) WHEREAS, PDA Inc., representing Heritage Living, Inc. (property owner), filed an application with the City of Bakersfield Development Services Department for a conditional use permit to allow to allow a ten bend residential care facility (B.M.C. 17.10.020: Community Care Facility, Large) in a R-1 (Single-Unit Dwelling) zone district, located at 3801 Paseo Airosa (the “Project”); and WHEREAS, the Secretary of the Planning Commission set Thursday, October 17, 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) (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 15303; 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 15303 because the project is the conversion of an existing small structure from one use to another. LR \G:\pln\shared\04_Current Planning\02_CUP\01_Active\2024\24-0192_3801 Paseo Airosa_10 bed Residential Care Facility\01_PC\Final Prep\Miscellaneous\06_CUP 24-0192_Resolution.docx 3. The proposed use is essential and desirable to the public convenience and welfare by increasing services to the elderly community. 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. 24-0192 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 17th day of October, 2024, on a motion by Commissioner _______, seconded by Commissioner ________ the following vote: AYES: NOES: RECUSE: ABSTAIN: ABSENT: APPROVED ____________________________________ DANIEL CATER, 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. 24-0192 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. CUP 24-0192 Page | 2 of 4 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 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 a ten (10) bed residential care facility for the elderly. Any modifications shall require a new conditional use permit. 3. Exterior modification to the house, other than residential in character, shall be prohibited. 4. All proposed signage shall adhere to Bakersfield Municipal Code 17.60.060 B. 1. 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) (661-326-3607 or DEVBld@bakersfieldcity.us) 1. Impact fees shall be paid at the time of building permit issuance. 2. Building permits are required for all construction and changes of use on site. Submit plans for review and approval prior to obtaining all required permits for construction of the project. 3. Prior to Operations, a Certificate of Occupancy is required for a change of use to reflect a 10 bed Residential Care Facility. B. DEVELOPMENT SERVICES - PLANNING (1715 Chester Avenue) (Staff contact – Louis Ramirez; 661-326-3023 or LRamirez@bakersfieldcity.us) 1. Prior to Certificate of Occupancy, the project proponent shall obtain a business license through the City of Bakersfield. 2. Prior to Certificate of Occupancy, the project proponent shall be licensed for the increase of beds through the California Department of Social Services. CUP 24-0192 Page | 3 of 4 C. FIRE DEPARTMENT (2101 H Street) (Staff contact – Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us) 1. Prior to issuing building permit, current fire flow data must be shown on the plan or submitted into the documents file and fire flow requirements must be met prior to construction commencing on the project site. 2. Prior to issuing building permit, show the hose pull distance from the nearest hydrant to the farthest point of the building(s) along the path of travel, also include the nearby fire hydrant locations on the plan. 3. Prior to issuing building permit, all projects must comply with the current California Fire Codes and current City of Bakersfield Municipal Code and noted on the plan. 4. Prior to issuing building permit, an automatic fire sprinkler system will be required, fire sprinkler and fire alarm install/modification is a deferred submittal through the Bakersfield Fire Dept. and noted on the plan. D. WATER RESOURCES (1000 Buena Vista Road) (Staff contact – Tylor Hester; 661-326-3715 or THester@bakersfieldcity.us) 1. No conditions are required at this time. E. PUBLIC WORKS - ENGINEERING (1501 Truxtun Avenue) (Staff contact – Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) 1. At the time of permit issuance, a sewer connection fee shall be paid, if there are new fixtures added. This fee is based on the rate that is in effect at the time a building permit is issued. 2. 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. F. PUBLIC WORKS - TRAFFIC (1501 Truxtun Avenue) (Staff contact – Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) 1. 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 24-0192 Page | 4 of 4 H. RECREATION & PARKS - (1600 Truxtun Avenue) (Staff Contact – Fidel Gonzalez; 661-326-3268 or FGonzalez@bakersfieldcity.us) 1. Prior to the issuance of the building permit, within City limits per BMC 15.82., the developer/owner shall pay the Park Development Fee (PDF) for park development, improvement and/or enhancement. This fee will be based on the rate in effect at the time the applicable approval is issued. 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 EXHIBIT B Conditional Use Permit 24-0192 CITY OF BAKERSFIELD a:: UJ ~ 0 Ill SOLTIERRA PL R-1 <( z <( ll.. ~ <( u <( > TIPPERARY DR a:: Cl Cl z UJ IXI l!1 z i 0 0 -.I R-1 R-1 <( Ill 0 a:: <( 0 w Ill <( ll.. GALWAY BAY DR R-1 DELUSION DR 1-u g R-1 IXI UJ ::::, ll.. CAM EL CANON z 1-u >-UJ z 0:: <( ....I ....I :.:: R-1 I- Ill Ill >-<( a:: \!l z Cl z UJ IXI 1-u z a:: ::::, IXI >-UJ ...I R-1 <( ....I ....I ll.. <( u <( > Zoning R-1 One Family Dwelling 6,000 sq.ft. min lot size R-1-4.5 One Family Dwelling 4,500 sq.ft. min lot size E Estate R-1 10,000 sq.It. min lot size R-S Residential Suburban 24,000 sq.lt./dwelling unit R-S-( ) Residential Suburban 1, 2.5, 5 or l O min lot size R-2 Limited Multiple Family Dwelling 4,500 sq.ft. min lot size (single family) 6,000 sq.ft. min lot size (multifamily) 2,500 sq.ft. lot area/dwelling unit R-3 Multiple Family Dwelling 6,000 sq.ft. min lot size 1,250 sq.ft. lot area/dwelling unit R-4 High Density Multiple Family Dwelling 6,000 sq.ft. min lot size 600 sq.ft. lot area/dwelling unit R-H Residential Holding 20 acre min lot size A Agriculture 6,000 sq.ft. min lot size A-20A Agriculture 20 acre min lot size PUD Planned Unit Development TT Travel Trailer Park MH Mobilehome C-0 Professional and Administrative Office C-1 Neighborhood Commercial C-2 Regional Commercial C-C Commercial Center C-B Central Business PCD Planned Commercial Development M-1 Light Manufacturing M-2 General Manufacturing M-3 Heavy Industrial P Automobile Parking RE Recreation Ch Church Overlay OS Open Space HOSP Hospital Overlay AD Architectural Design Overlay FP-P Floodplain Primary FP-S Floodplain Secondary AA Airport Approach DI Drilling Island PE Petroleum Extraction Combining SC Senior Citizen Overlay HD Hillside Development Combining WM-West Ming Specific Plan •:t ~ BAKERSFIELD t ...1,,-------------------1 Feet a:: ~ ~ti; <Ii u R-1 0 80 160 MAP PACKAGE EXHIBIT C__ _ __ _ __ _ ~ _ ..!._!_ID_ ~ ~ ~ _Y' __ i:, -~--_____________________________ _ e><ISTIN6 !lt!!!Sl1'!!!NG!!! $ SITE PLAN !!!XISTIN6 llt!!!SIC>!!!NGe I I I I \ \ / " \ I I I~ ' 1~ ,;11 I~ 'J> I ' I ' I I ' I HERITAGE LIVING N RESIDENTIAL CARE FACILITY 3801 PASEO AIROSA, BAKERSFIELD, FRO..ECT ANAL '!"SIS $CCll"eOF~ ~ E.>Q&TIHi:, PL.AN!> OF AM E.>Q&TNi:,, ~ CARE F>GI.JTY l'fTii !I BePROOt-1 .-.ND !I BATif5. 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