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HomeMy WebLinkAboutRes. No. 44-24 (PDR 24-0361)RESOLUTION NO. 44-24 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A PLANNED DEVELOPMENT REVIEW TO ALLOW A 27,342-SQUARE-FOOT OFFICE (BMC 17.54.020) IN A C-2/PCD (REGIONAL COMMERCIAL / PLANNED COMMERCIAL DEVELOPMENT) ZONE DISTRICT, LOCATED NEAR THE NORTHEAST CORNER OF FAIRVIEW ROAD AND MONITOR STREET (PDR 24-0361). WHEREAS, Teter, Inc. (applicant), representing Greenfield Union School District (property owner), filed an application with the City of Bakersfield Development Services Department for a revised planned development review to allow a 27,342-square-foot office (BMC 17.54.020) in a C-2/PCD (Regional Commercial/Planned Commercial Development) zone district, located near the northeast corner of Fairview Road and Monitor Street (the "Project"}; and WHEREAS, the Secretary of the Planning Commission set Thursday, November 7, 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 revised planned development review, 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 testimony 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, an initial study was conducted and it was determined that the Project would not have a significant effect on the environment and a Mitigated Negative Declaration was prepared and approved by the City Council on October 6, 2022, in conjunction with General Plan Amendment/Zone Change No. 22-0104, in accordance with California Environmental Quality Act (CEQA); 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. Staff determined that the proposed activity is a project and an initial study was prepared for the original project (General Plan Amendment/Zone Change No. 22-0104) of the subject property and a Mitigated Negative Declaration was adopted on October 6, 2022 by the City Council for the original project, and duly noticed for public review. 3. Said Mitigated Negative Declaration for the Project is the appropriate environmental document to accompany approval of the Project. In accordance with State CEQA Guidelines Section 15162, no further environmental documentation is necessary because ho substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken, and no new environmental impacts have been identified. The Project will not significantly impact the physical environment because mitigation measures relating to General Plan Amendment/Zone Change No. 22-0104 have been incorporated into the Project. 4. The proposed use is essential and desirable to the public convenience and welfare. 5. The proposed use is in harmony with the various elements and objectives of the Metropolitan Bakersfield General Plan. 6. 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 asfollows: l. The above recitals, incorporated herein, are true and correct. 2. This project pertains to the Mitigated Negative Declaration previously approved in conjunction with GPA/ZC No. 22-0104. 3. Planned Development Review No. 24-0361 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. VM \G:\pln\shared\04_Current Planning\05_PUD & PCD\0l_Active\24-0361_612 Fairview Rd_Greenfield Office Bldg\0LPC\Final Prep\Miscellaneous\04_PDR 24-036 l_Resolution.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 7th day of November, 2024, on a motion by Commissioner Koman, seconded by Commissioner Bashirtash the following vote: AYES: ABSENT: Exhibits: Bashirtash, Cater, Kaur, Koman, Neal, Strickland Bittle A. B. C. APPROVED ~Z? DANIElZATER, CHAIR City of Bakersfield Planning Commission Conditions of Approval Location Map Site Plan VM \G:\pln\shared\04_Current Planning\05_PUD & PCD\0l_Active\24-0361_6 l 2 Fairview Rd_Greenfield Office Bldg\0l_pC\Final Prep\Miscellaneous\04_PDR 24-036 l _Resolution.docx EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit No. 24-0361 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 CiW 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 c~mplies 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 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. PDR 24-0361 Page I 2 of 5 Ill. A. B. 2. This planned development review allows the development of a 27,342 square-foot office on a portion of 19.35 acres. 3. All mitigation measures associated with General Plan Amendment/Zone Change No. 22-0104 are hereby incorporated. 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. 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 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-Veronica Martinez; 661-326-3640 or vmartinez@bakersfieldcity.us) 1. Prior to issuing permit, developer shall record a common access and parking easement encumbering the site. Easement shall be submitted to the City Attorney and Planning Director for review and approval prior to issuance of permit. 2. Federal and state laws protect certain species of plants, fish, and wildlife that are listed or proposed for listing as endangered or threatened, as well as their designated critical habitat. The presence of an endangered or threatened species on private land that overlaps with development may impose certain duties, such as avoiding unauthorized take and, in some cases requiring consultation with the United States Fish & Wildlife service and/or California Department of Fish & Wildlife agency. Property owners and developers shall take the necessary steps to ensure compliance with Federal and state laws. If unauthorized take occurs, a violation of the prohibition on unauthorized take can lead to civil and criminal penalties by Federal and state agencies. 3. Before receiving final building permit 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. PDR 24-0361 Page I 3 of 5 C. 4. The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control District (Regulation VIII) concerning dust suppression during construction of the project. Methods include, but are not limited to; use of water or chemical stabilizer/suppressants to control dust emission from disturbed area, stock piles, and access ways; covering or wetting materials that are transported off-site; limit construction-related speed to 15 mph on all unpaved areas/washing of construction vehicles before they enter public streets to minimize carryout/track out; and cease grading and earth moving during periods of high winds {20 mph or more). 5. In the event a previously undocumented oil/gas well is uncovered or discovered on the project, the developer is responsible to contact the California Geologic Energy Management Division (CalGEM). The developer is responsible for any remedial operations on the well required by CalGEM. The developer shall also be subject to provisions of BMC Section 15.66.080.B FIRE DEPARTMENT (2101 H Street) (Staff contact -Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us) 1. Prior to receiving final building permit or site occupancy, where fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. 2. Prior to the issuance of building permits, CFC-D102.l Access and loading. Facilities, buildings, or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved driving surface capable of supporting the imposed load of fire apparatus weighing up to 75,000 pounds {34,050 kg). 3. Prior to the issuance of building permits, current fire flow data must be shown on the plan, and fire flow requirements must be met prior to construction commencing on the project site. 4. Prior to the issuance of building permits, show the 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. 5. 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 connections to underground fire waterlines, including fire service and nearby fire hydrant locations or off-site hydrants on the plans for approval. 6. Prior to the issuance of building permits, all projects must comply with the current California Fire Codes and current City of Bakersfield Municipal Code, and this must be noted on the plan. 7. Prior to the issuance of building permits, fire sprinkler and fire alarm install/modification is a deferred submittal through the Bakersfield Fire Department and must be noted on the plan. PDR 24-0361 Page I 4 of 5 D. E. 8. Prior to the issuance of building permits, show on the plan the project address, including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. 9. Prior to the issuance of building permits, the plan must show the key Knox box locations for the gates/buildings for approval. 10. Prior to the issuance of building permits, provide a note on the plan that electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. All new construction of access gates shall be equipped with an automatic opening device activated through the wireless activation system utilized on City of Bakersfield-owned vehicles for traffic preemption. Installation and maintenance of the wireless activation system on access gate(s) shall be completed by the gate owner. The gate opening device shall have a disconnect feature for manual operation of the gate when the power fails. 11. Prior to the issuance of building permits, the minimum gate width shall be 20 feet, and a minimum vertical clearance of thirteen (13} feet six (6) inches is required when the gate is at full open position. Where there is more than one gate and two or more driveways separated by islands, a minimum horizontal clearance of fifteen (15) feet for each driveway and a minimum vertical clearance of thirteen (13) feet six (6) inches is required when gates are at full open position. Horizontal distance shall be measured perpendicular to the direction of travel on the driveway. Vertical distance shall be measured from the highest elevation of the driveway to the lowest overhead obstruction. WATER RESOURCES (1000 Buena Vista Road) (Staff contact -Tylor Hester; 661-326-3715 or THester@bakersfieldcity.us) 1. At this time, no applicable conditions for the proposed project. Conditions may be added if the project changes. PUBLIC WORKS -ENGINEERING & TRAFFIC (1501 Truxtun Avenue) (Staff contact-Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) 1. Prior to the issuance of building permits, the developer shall form a new maintenance district. If already within a maintenance district, you may need to update the maintenance district form. Underdeveloped parcels within an existing maintenance district are required to update 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) 326-3571. 2. Prior to the issuance of building permits, a grading plan must be approved by both the Public Works Department and the Building Division. 3. 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. PDR 24-0361 Page I 5 of 5 G. 4. 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. 5. 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 or in accordance with the Subdivision Map Act, as applicable. The Public Works Department will calculate an estimate of the total fee upon submittal of construction plans for the project. 6. 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. 7. The site is within the Fairview Planned Drainage Area. At the time of building permit issuance, the Planned Drainage Area fee shall be paid. Contact the Public Works Department - Subdivisions at 661-326-3576 with questions. 8. 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. PUBLIC WORKS -SOLID WASTE (4101 Truxtun Avenue) (Staff Contact -Richard Gutierrez; rmgutierrez@bakersfieldcity.us) 1. At this time, no applicable conditions for the proposed project. Conditions may be added if the project changes. 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 Planned Development Review 24-0361 KYN ER "AV. ·1 R-1 R-2 R-11 I-V\ Ct: 0 1- z 0 ~ I Exhibit B _J LLJ > CAPITOLA DR > <( <( Ct: Ct: R-1 ,~ z <( u R-1 kaffatllo Palla Eltmtnmyithool _J VI <( 0 LLJ 0 VI Oz LLJ ...J ...J ...J -MH o :E LLJ ...J z ...J <( 0 1 u ,A ...J LL :E u -<( u FA IRVIEW RD VI "' z Ct: Cl. :> R-1 VI ;c( R-1 ~ l JUMBUCK LN MH CLL DE ORO M-2 M-1 Ct: Cl I-::, 0 CD < I R-1 MX-2 :,.: _J <( " ;:: Zoning R-1 One family Dwelling 6,000 sq.ft. min lot size R-1-4.S One family Dwelling 4,SOO sq.ft. min lot siu E btott 10,000 sq.ft. min lot size R-S Rt5idtntiol Suburban 24,000 sq.ft /dwelling unit A-S-( ) Residential Suburban 1, 2.5, S 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-l 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 au, min lot size A Agriculrure 6,000 sq.ft. min lot sin A-20A Agriculture 20 acre min lot size PUD Planned Unit Development TT Travel Trailer Park MH Mobilehome C-0 Professional and Administrative Offiu C-1 Neighborhood Commenial C-2 Regional Commenial C-C Commenial Center C-8 Central Business PCD Planned Commercial Development M-1 Light Manufacturing M-2 General Manufacturing M-l Heavy Industrial P Automobile Parking RE Recreation Ch Church Ourlay OS Open Space HOSP Hospital Overlay AO Archite<tural Design Overlay fp.p floodplain Primary f P-S Floodplain St<ondary AA Airport Approach DI Drilling Island PE Petroleum Extraction Combining SC Senior Citizen Overlay HD Hillside Development Combining WM-Wut ~Ii< Plan BAKERSFIELD t Feet 0 150 300 MAP PACKAGE PLOT DA.TE:WSJ2024 2:24:29 PM I I I!~ 111 !• 11 I m r- ! 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