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Home My WebLink AboutRes. No. 48-24 (CUP 24-0396)RESOLUTION NO. 48-24 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ALLOW 35,000 SQUARE FOOT HEALTHCARE FACILITY (B.M.C. 17.64) ON A 4.65 ACRE LOT IN A C-2 (REGIONAL COMMERCIAL) ZONE DISTRICT, LOCATED AT 6738 COLONY STREET (CUP 24-0396) WHEREAS, PDA, Inc. (applicant), on behalf of lntertex CSV Bakersfield, LLC (property owner) is requesting a Conditional Use Permit to allow a 35,303 square foot healthcare facility on a 4.65 acre lot in the C-2 (Regional Commercial) zone district, located at 6738 Colony Street (the "Project"); and WHEREAS, the Secretary of the Planning Commission set Thursday, November 21, 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 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 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, 1 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 15332 because the project an in-fill 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. Conditional Use Permit No. 24-0396 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 21st day of November, 2024, on a motion by Commissioner Bashirtash, seconded by Commissioner Bittle the following vote: AYES: ABSENT: Exhibits: Bashirtash, Bittle, Cater, Koman, Strickland Kaur, Neal A. B. C. APPROVED DANIEL CATER, CHAIR City of Bakersfield Planning Commission Conditions of Approval Location Map Site Plan tw \S:\04_Current Planning\02_CUP\0l_Active\2024\24-0396_6738 Colony St._PACE\0l_PC\Final Prep\05_CUP 24- 0396_Resolution.docx EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit No. 24-0396 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 24-0396 Page I 2 of 5 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 35,303 square foot healthcare facility on a 4.65 acre lot in the C-2 (Regional Commercial) 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. 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) B. C. 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. Commercial development proposed adjacent to property zoned or designated for residential development shall be required to be separated by a solid masonry wall constructed a minimum height of six feet from highest grade (17.24.050.E). 2. Prior to receiving final building or site occupancy, you must contact the Planning Division 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 -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. CUP 24-0396 Page I 3 of 5 2. Prior to issuing building permit -CFC-D102.1 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 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. 4. 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. 5. 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. 6. Prior to issuing building permit -Fire sprinkler and fire alarm install/modification is a deferred submittal through the Bakersfield Fire Dept. and noted on the plan. 7. Prior to issuing building permit -must show the key Knox box locations for the gates/buildings on the plan for approval. D. WATER RESOURCES (1000 Buena Vista Road) E. (Staff contact -Tylor Hester; 661-326-3715 or THester@bakersfieldcity.us) 1. 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 all offsite and onsite improvements, including connections to the existing water main and underground fire waterlines and related apparatuses. Include any nearby on or off-site hydrants on the plans. Plans shall be submitted along with applicable plan check fees and any other associated fees per the current fee schedule. Plans shall comply with current City Standards and Specifications, California Fire Code, and City of Bakersfield Municipal Code. City Standards and Specifications and the current Fee Schedule are available for download from the City's website at www.bakersfieldcity.us/379/water _resources. 2. Developer shall pay the required Water Resources Fire Service Inspection Fees and submit an Inspection Request Form for any underground fire waterlines and their apparatuses at least two (2) full business days before permanent construction. The form is available for download from the City's website at bakersfieldcity.us/379/water-resources 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, the developer shall update existing maintenance district. Updated documents, including Proposition 218 Ballot and Covenant, shall be signed and notarized. Contact Subdivisions at 661-326-3571. CUP 24-0396 Page I 4 of 5 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. 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 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. 4. 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. 5. 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. 6. For Building Permit, Plan will need to show the installation of new connection(s) to the public sewer system and the installation of a full-sized manhole in each sewer line before it connects to the sewer main. This manhole is to be located within the property being developed and must be easily accessible by City workers. 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. Contact the Parks Department at 661-326-3268 to find out what improvements may be required in the existing median island in Colony Street along the frontage of the development. Any improvements or repairs required shall be shown on the grading plan. 10. 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. F. PUBLIC WORKS -SOLID WASTE (4101 Truxtun Avenue) (Staff Contact -Richard Gutierrez; 661-326-3114 or rmgutierrez@bakersfieldcity.us) 1. At this time, no applicable conditions for the proposed project. Conditions may be added if the project changes. CUP 24-0396 Page I 5 of 5 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 P . P.C.D. Conditional Use erm1t HARRY-E-Y-ARNEL:1.:----E-T 24-0396 C-2 C-2 R-1 ! I:;; R-2 C-2 wlN Exhibit B -----~ 1'-----------1--.....L...-----------tii t: LiJ ::!E CITY OF BAKERSFIELD PANAMA-1:N 1-.,-:r: 2:----------l w U) u C-2 R-1 R-1 C-2 -----r----r-----,------=~~ co z w<5 MX-1 a.. ll.. ----~---z-0EEAN-VIEW-DR'--~ a:: 0 i w > i s,: U) wl cw Cl > -0 1-J: \!I u P.U.D. ...J ~J.. :::>J.. cn>t-0>t-::E0u z0u a:: WO z ' -~ ll.. w > -\!I <( \!I ~---1-_L__SEE N IE-VI EW-DR-O::-'------__J i!-1!.J z w J: \!J 1-.,-w a:: '-? CHA~NEL t- S:T rMAGDEl.:ENA-A"iE ~ rR-l 1 ~ r,--------1 ~ z 0 I C-2 LEGEND (ZONE DISTRICTS) R-1 One Family Dwelling 6,000 sq.ft. min lot size R-1-4.5 One fomily Dwelling 4,500 sq.ft. min lot si1e E Estole I0,000 sq.fl. min lot si1e R-S Residenliol Suburban 24,000 sq.ft./dwelling unit R-S-( ) Residential Suburbon I, 2.5, 5 or 10 min lot si1e R-2 limiled Multiple fomily Dwelling 4,500 sq.ft. min lot si1e (single lomily) 6,000 sq.fl. min lot si1e (mullilomily) 2,100 sq.ft. lot urea/dwelling unit R-3 Multiple fomily Dwelling 6,000 sq.II. min lot size 1,250 sq.ft. lot area/dwelling unit R-4 High Density Multiple fomily Dwelling 6,000 sq.ft. min lot si1e 600 sq.ft. fol oreo/dwelling unit R-H Residenliol Holding 70 acre min lot size A Agriculture 6,000 sq.ft. min lot si1e A-20A Agriculture 20 acre min lot size PUD Plonned Unit Development TT Travel Troiler Pork MH Mobilehome C-0 Professional ond Administrative Office C-1 Neighborhood (ommerciol (-2 Regional Commercial (.( Commercial Center C-B Central Business PCD Planned Commercial Development M-1 Light Monufocluring M-2 Generol Monufocturing M-3 Heovy tnduslriol P Automobile Porking RE Recreation Ch Church Overloy OS Open Spoce HOSP Hospilol Overloy AD Archileclurol Design Overloy FP-P floodploin Primory f P-S floodplain Secondary AA Airport Approach DI Drilling lslond PE Petroleum Exlroclion Combining S( Senior Ciliien Overloy HD Hillside Development Combining WM-West Ming Specific Pion ~ BAKERSFIELD t Feet 0 500 1,000 MAP PACKAGE, (.) :.a :.2 X LJ.J S 1 J311 H )~V Vad L0££6 V:> 'al31:ISH3>1Y8 ~ .LS ANOlO:> 8£L9 ~ t:131N38 38'v'd -'v'lSI/\ 'v't:lt:131S 'v'81Nl78 @ 0 f-- (/) >-z 0 _J 0 () 9 0 N ~ ~ ;3 z <( ...J a. w f-ui EB u ;~jt m, iJr! ;~Ii !IP el g., mi ' ! 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