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HomeMy WebLinkAboutRes. No. 43-24 (PDR 24-0144)RESOLUTION NO. 43-24 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A PLANNED DEVELOPMENT REVIEW TO ALLOW A 7,800 SQUARE FOOT, AND A 9,800 SQUARE FOOT MEDICAL OFFICE BUILDINGS TO BE CONSTRUCTED IN A CO/PCD (PROFESSIONAL AND ADMINISTRATIVE OFFICE/PLANNED COMMERCIAL DEVELOPMENT) ZONE DISTRICT, LOCATED AT 6640 WIBLE ROAD (PDR 24-0144) WHEREAS, PDA, Inc. (applicant), on behalf of Dr. Ashok Parmar (property owner) is requesting a Planned Development Review to allow a 7,800 square foot and a 9,800 square foot medical office buildings in the C-0/PCD (Professional and Administrative Office/Planned Commercial Development) zone located at 6640 Wible Road (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 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 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 planned development review and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: l . All required public notices have been given. Hearing notices regarding the proposed project were mailed to property owners within 300 feet of the project area and published in a local newspaper of general circulation 10 days prior to the hearing. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. Pursuant to State CEQA Guidelines Section 15332, this request is exempt from the requirements of CEQA because it is an in-fill development project. 4. The proposed development does not deviate from the intent and purpose of the PCD Zone district. 5. The proposed development will constitute a land use of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community. 6. The proposed preliminary development plan is consistent with the Metropolitan Bakersfield General Plan and the objectives of Title 1 7 of 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. Planned Development Review No. 24-0144 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 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 DANIEL CATER, CHAIR City of Bakersfield Planning Commission Conditions of Approval Location Map Site Plan TW \S:\0l_Planning Commission\ 1 Resolutions\ 11-7-24\PDR 24-0144\04_PCD 24-0144_Resolution.docx EXHIBIT A CONDITIONS OF APPROVAL Planned Development Review No. 24-0144 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. PDR 24-0144 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 planned development review allows medical office buildings to be constructed in a CO/PCD (Professional and Administrative Office/Planned Commercial Development Zone) district. 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. 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. 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 -Taniya Wright; 661-326-3733 or TWright@bakersfieldcity.us) 1. All previous Mitigation Measures for project PDR No. 18-0098 are applicable. 2. Prior to receiving final building 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. 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 and fire flow requirements must be met prior to construction commencing on the project site. 2. Prior to issuing building permit -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. PDR 24-0144 Page I 3 of 4 D. E. PUBLIC WORKS -ENGINEERING (1501 Truxtun Avenue) (Staff contact -Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) 1. Prior to the issuance of building permits, a grading plan must be approved by both the Public Works Department and the Building Division. 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. 3. Prior to the issuance of building permits, the developer shall show on the plan will need to show the installation of new connection(s) to the public sewer system. 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 grading 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. Contact Subdivisions at 661-326-3588. 6. Prior to the issuance of each building permit, 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. 7. 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). 8. 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. 9. 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. PDR 24-0144 Page 14 of 4 F. 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. 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 24-0144 CITY OF BAKERSFIELD C-2 MX-1 P.C.D. R-4 Cl 0::: UJ ..J CXl s: P.C.D. PANAMA LN C-1 R-2 t- V1 UJ z ::) t-o::: 0 LL. EXHIBIT B P.C.D. R-1 C-2 R-1 Zoning 1-1 Ont f•mily Dwelling 6,000 sq.ft. min lot sin 1-1-4.S One fomlly Dwtllint 4,500 sq.ft. min lot silt Ebtott 10,000 sq.ft. min lot slzt l•S lrsilkntlol Suburban 24,000 sq.ft./dw,llln1 unit 1-S·( ) ltslllentiol Suburban 1, 2.5, 5 or 10 min lot size 1-2 llmitttl Multiple family Dwellint 4,500 set.ft. min lot sin (sintlt familrl 6,000 sq.ft. min lot size (multifomilr) 2,500 sq.ft. lot areo/clwelling unit 1-3 Multiple fomlly Dwellint 6,000 sq.ft. min lot size 1,250 sq.ft. lot arH/clwellint unit R-4 Hith Dtn1ity Mul11,1, familr Dwtlllng 6,000 lfl.ft. min lot sitt 600 111,ft. lot area/dwelling unit R·H Rnldtnllal Holding 20 •nt min lot size A A9rlculturc 6,000 sq.ft. min lot tire A-20A Agriculture 20 one min lot tlzt PUD Planned Unit Dnelopment TT Trawel Trailer Park MH Mobllehome C-0 Professional and Admlnlstratln Office C-1 Neighborhootl Cammuclal C-2 legional Co1nmercial C·C Commercial Center C-1 Central Business PCD Phmnd Commucial Otvtlopment M-1 lithl Manuftlrturlng M-2 General Manufacturint M-l ""'Y lnclustrlal P Automobile Parking If lecrntion Ch Churth Overlay OS Optn S,a<t HOSP Hospital O,erlay AD Architectural Design Overlay fP.p flodplain Primary fP•S nootlplain Secondary AA Airport Approach DI Drilling t,tand PE Petroleum htractlon Cemblnint SC Senior Citizen O,erl•r HD Hilllidt Dmlopmtnt Comblnlnt WM-W••I i5fic l'fon BAKERSFIELD t Feet 0 100 200 MAP PACKAGE • ' . 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