The URL can be used to link to this page

Home My WebLink AboutRes. No. 41-24 (CUP 24-0192)RESOLUTION NO. 41-24 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. l 0.020: 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 1 7 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 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 O 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. 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. 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 Neal, seconded by Commissioner Koman the following vote: AYES: NOES: ABSENT: Exhibits: Chair Cater, Commissioner Neal, Koman, Bittle, Kaur Vice-Chair Strickland, Commissioner Bashirtash A. B. C. APPROVED DANIEL CATER , CHAIR City of Bakersfield Planning Commission Conditions of Approval Location Map Site Plan LR \S:\0l_pianning Commission\ l Resolutions\ l 0-17-24\CUP 24-01 92\CUP 24-0l 92_Resolution.docx 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 I 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. 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. B. 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) (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. 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 I 3 of 4 C. D. E. F. G. 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. 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. 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. 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. 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 I 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 Conditional Use Permit 24-0192 EXHIBIT B CITY OF BAKERSFIELD Q: w 5 0 VI SOLTIERRA PL R-1 TIPPERARY DR R-1 Q: 0 V) 0 ~ ~ ...J V) 0 0 <( VI 0 ll:: <( 0 w VI <( 0.. GALWAY BAY DR R-1 DELUSION DR 1-u 0 ..J cc w ::, 0.. R-1 CAM EL CANON z 1-u >-w z a:: <( ...J ...J ~ R-1 I-VI VI >-<( a:: l!I z 0 z w cc 1-u z a:: ::, cc >-w ..J R-1 <( ..J ...J 0.. <( u <( > Zoning R-1 One Family Dwelling 6,000 sq.ft. min lot size R-1-4.S One Family Dwelling 4,500 sq.ft. min lot siie E htate R-1 10,000 sq.ft. min lot siie R-S RHidential Suburban 24,000 sq.11./dwelling unil R-S-( ) Residential Suburban 1, 2.S, 5 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 lot size (multifamily) 2,500 sq.ft. lot area/dwelling unit R-3 Multiple Family Dwelling 6,000 sq.ft. min lot sire 1,250 sq.ft. lot area/dwelling unit R-4 High Den1ity Multiple Family Dwelling 6,000 sq.ft. min lot size 600 sq.ft. lot area/dwelling unit R-H Residential Holding 20 aue min lot si11 A Agriculture 6,000 sq.ft. min lot siie A-20A Agri,ulture 20 acre min lot si11 PUD Planned Unit Development TT Travel Troiler Park MH Mobilehome C-0 Professional and Administrative Offi<t C-1 Neighborhood Commercial C-2 Regional Commtr<ial C-C Commer<ial Center c.a Central Business PCD Plann•d Commenial Development M-1 Light Manufacturing M-2 General Manufa<turing M-3 Heavy Industrial P Automobile Parking RE Re<reation Ch Church Overlay OS Open Space HOSP Hospital Overlay AD Architectural Design Overlay FP-P Floodplain Primary FP-S Floodplain St<ondary AA Airport Approach DI Drilling Island PE Petraleum h:traction Combining SC Senior Citizen Overlay HD Hillside Development Combining WM, Wesl ~fie Plan BAKERSFIELD t -'y-----------------...J Feet 0:: ~ I-: <( vi <fi u R-1 0 80 160 MAP PACKAGE EXHIBITC ========:/ _________ C£. _TIP" Pt= RA Ill "I'" DR ------------------------------ 0 ,.,.,.11116 • -~~ Iii l"A'ffO ,1 ,1 I I I I I@/ 11 i I / -\ I I ) \ / '-_.,,, -$-SITE FL.AN 0 \ ' ' ! ....... -.... '"""'TINe - ""1STINe - / ..... e 0 (l) .. -, 0 r...1 _____ ....L..__ PROflERn'lllE -ICUf 01 0 ,-ii\ \ <II @ '-I I I ,; ~ 0 ~ ,111 e 1: 1: e I CD ,~ ,JI D 1: ® '> -------I I ,,..,..--I / " I / I I \ I l I \ I \ I " / " / -.... __ ,,..,.. 11e" HERITAGE LIVING RBSIDBNTIAL CARB FACILITY HGI fAIEO AllOSA, IAICDlflltO, CA ~...ec.T ANAL "l"5ISo ..,...,,.,._ --~~~~ fllllO.l!l::.T~"tlll& -----l'IWt.llLT, -.,._,, ~ etAM P-AUJ'n" AN,14.YelEt ~~or• ~-~c:Nfl!l",fr,Ctffi'l!!!!91W,116CUN191 K-5J ~-~GMl!wa.m"M:111!!11W16CU!NT9J R-4 --==,... .... ,._ ....,,.,,.. --_..., ~GHllll!PHaJn' OCGPMI'I.QIOl\'200!,PJ ___ ,,,, =~ mi:=== --rm=..~.=&ir&'===r=z. -I ::-=:an'ST~ l,05-'JllltNQ:lpl'fB;t __ ..., i Elll!lTNOMl!!!X1'MIIU!HR 881N N4TER MErDt ---• ~ l!l.eGfflGH.. Hm5l \!1Elallt9DRHEW,,'t'/BIEAK 0 ~tltllCCIIICIEl'1!!tfAU:PA1M (I) IDltTH!tSIICQtl'N'M,_ 0 Bllt'IN6'.w-.otRY IW.L"4IIOH 0 l!:lall'ffl5tn!l!.6'TI! 61 EXllltl&PARll:IMSPH:I! -$-VICINITY' MAP HERITAGE LIVING DATE IIIUED FOi """ IV,H ffll! NAM!; "2HA1-G '""'A-1.0 ""''IMT'f""""" 0 $ l'"LOOR PLAN lMN5""""" "525F -5 '200 5F EXHIBITC JMN5""""" :it45F ea,5 ""'""°""'a lfJ5F ___ --,, BB>6 ea,4 .,_ 1/4" ~~ : - -~-@,~ il;i:i!~~=~•=.:~;: ~~--::..:-.. ~~$ ~ .. ,.. HERITAGE LIVING 'fl.=...n-:t' .. ,. ,....., .. -------- NO. IIEYfltONS "' -= ,.. ....... !'LAH nLI NAM!,; .... ""''A-:2.0