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Home My WebLink AboutRes. No. 13-24 (DRA 23-0490)RESOLUTION NO. 13-24 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A DIRECTOR REVIEW AND APPROVAL PERMIT TO ALLOW A 65-FOOT TALL MONOPINE WIRELESS TELECOMMUNICATION FACILITY WITH ANCILLARY EQUIPMENT (BAKERSFIELD MUNICIPAL CODE 17.59) IN AN A (AGRICULTURE) ZONE DISTRICT, LOCATED AT 1125 CALAMITY LANE (DRA 23-0490) WHEREAS, APC Towers filed an application with the City of Bakersfield Development Services Department for a Director Review and Approval Permit to allow a 65-foot tall monopine wireless telecommunications facility with ancillary equipment {BMC 17.59} in an A {Agriculture} zone district, located at 1125 Calamity Lane {the "Project"}; and WHEREAS, the Secretary of the Planning Commission set Thursday, April 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 1 7 of the Bakersfield Municipal Code; and WHEREAS, the Planning Commission, with the concurrence of the applicant, continued the public hearing to the regularly scheduled Planning Commission meeting of Thursday, May 2, 2024; 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 15303; and WHEREAS, the City of Bakersfield Development Services Department { 1715 Chester A venue, 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, l 0 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 a small structure development. 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. Director Review and Approval Permit No. 23-0490 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. 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 2nd day of May 2024, on a motion by Commissioner Koman, seconded by Commissioner Bittle the following vote: AYES: ABSENT: Exhibits: Bittle, Cater, Kaur, Koman Bashirtash, Neal, Strickland APPROVED & ~ D~NIEL .. CATER, CHAIR City of Bakersfield Planning Commission A. B. C. Conditions of Approval Location Map Site Plan tw \S:\04_Current Planning\02_CUP\0l_Active\2023\23-0490_ 1125 Calamity Ln_Monopine Cell Tower\0l_PC\ 18 Apr 2024\Final 23-0490_Resolution.docx EXHIBIT A CONDITIONS OF APPROVAL Director Review and Approval Permit No. 23-0490 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. ORA 23-0490 Page I 2 of 3 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 Director Review and Approval Permit allows a 65-foot tall monopine wireless telecommunications facility with ancillary equipment. 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. 8. c. 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. Prior to issuing a building permit, the Building Division will calculate and collect the appropriate school district impact fees. 2. Building permits are required for all construction on site. Submit plans for review and approval prior to obtaining all required permits for the construction of the project. DEVELOPMENT SERVICES -PLANNING (1715 Chester Avenue) (Staff contact -Taniya Wright; 661-326-3616 or twright@bakersfieldcity.us) 1. Prior to the issuance of building permits, the elevations for the monopine tower shall be redesigned to emulate, to the greatest extent feasible, the natural appearance of a pine tree with respect to; trunk design, branch and needle density, and branch taper. All branches shall be arranged in a natural order with the widest branches at the lowest portion of the monopine tapering to the shortest branches at the top of the monopine. 2. The monopine shall always be maintained in good condition and in a proper state of preservation. The monopine shall be operational and present a satisfactory appearance regarding their original approval such as painting, material screening, camouflage, landscaping, or anything deemed to be the appearance of the overall facility. FIRE DEPARTMENT (2101 H Street) (Staff contact-Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us) 1. The Fire Department has no applicable conditions at this time. DRA 23-0490 Page I 3 of 3 D. WATER RESOURCES (1000 Buena Vista Road) {Staff contact -Tylor Hester; 661-326-3715 or THester@bakersfieldcity.us) 1. The Water Resources Department has no applicable conditions at this time. E. PUBLIC WORKS -ENGINEERING (1501 Truxtun Avenue) {Staff contact -Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) 1. The Engineering/Traffic Department has no applicable conditions at this time. F. PUBLIC WORKS -SOLID WASTE (4101 Truxtun Avenue) {Staff Contact -Richard Gutierrez; 661-326-3134 or rmgutierrez@bakersfieldcity.us) 1. The Solid Waste Department has no applicable conditions at this time. 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 DRA 23-0490 APN: 409-021-06 CITY OF BAKERSFIELD Q -, -< OS .J A A CITY EXHIBIT B OS OS OS OS BRIMHALL RD DRA 23-0490 A COUNTY KAIHLEHI AVE z ~ ~ OS ' (") or -C: -, < OS -< -, -< ~ ~ ~ - :,j '.'i c'i lAVERTON AVE COUNTY ----CITY A A A A CITY COUNTY - (") 0 ~ -, -< - E E E (") --, -< E 0 LEGEND (ZONE DISTRICTS) 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 EEstate I 0,000 sq.ft. min lot size R-1 Residential luburban 24,000 sq.ft./dwelling unit R-1-{ ) Residential luburban I, 2.l, l or 10 min lot size R-2 Limited Multiple Family Dwelling 4,500 sq.ft. min lot size (single family) 6,000 sq.ft. min lal 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. lat area/dwelling unit R-H Residential Holding 20 acre min lot size A Agriculture 6,000 sq.fl. min lot size A-20A Agriculture 20 acre min lot size PUD Plonned Unit Development TT Travel Trailer Pork MH Mobilehome (-0 Professional and Administrative Office (-1 Neighborhood (ommerciol (-2 Regionol (ommerciol (-( Commercial (enter (-B Central Business PCO Planned Commercial Oevelopment M-1 Light Manufacturing M-2 General Manufacturing M-3 Heavy Industrial P Automobile Parking RE Recreation (h Church Overlay 01 Open lpoce HOIP Hospital Overlay AD Architectural Design Overlay FP-P Floodplain Primary FP-1 Floodploin lecondory AA Airport Approach DI Drilling Island PE Petroleum Extraction Combining SC Senior Citizen Overlay HD Hillside Development Combining WM-West Ming lpecific Plan 0 BAKERSFIELD t Feet 75 4/26/2024 150 ~~=~~~~=GDJ~NT toNlltOC"JIOl-•"I.O"'""VOIIDM_"""""'! 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