HomeMy WebLinkAboutRes. No. 01-25 (CUP 24-0019)RESOLUTION NO. 01-25
RESOLUTION OF THE BAKERSFIELD PLANNING
COMMISSION APPROVING A CONDITIONAL USE
PERMIT TO ALLOW ADDITIONAL OPERATING HOURS
AND REMODELING OF AN EXISTING FOOD
SERVICES (B.M.C. 17.28.030) IN A M-1 (LIGHT
MANUFACTURING) ZONE DISTRICT, LOCATED AT
316 BAKER STREET (CUP 24-0019)
WHEREAS, St. Vincent de Paul (applicant) filed an application with the City of Bakersfield
Development Services Department for a conditional use permit to allow additional operating
hours and remodeling of an existing food service (B.M.C. 17.28.030) in a M-1 (Light
Manufacturing) zone district, located at 316 Baker Street (the "Project"); and
WHEREAS, the Secretary of the Planning Commission set Thursday, January 16, 2025, 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 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 15301; 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:
l. 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 15301
because the project involves negligible expansion of an existing use.
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. 24-0019 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 16th day of
January, 2025, on a motion by Commissioner Kaur, seconded by Commissioner Bittle the
following vote:
AYES:
ABSENT:
Exhibits:
Cater, Strickland, Kaur, Bittle, Martin, Brandt-Oliver
Neal
A.
B.
C.
APPROVED
DA~AIR
City of Bakersfield Planning Commission
Conditions of Approval
Location Map
Site Plan
LR \S:\0l_flanning Commission\ l Resolutions\ l-16-25\CUP 24-0019\CUP 24-0019_Resolution.docx
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit No. 24-0019
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 24-0019 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 for the addition of 167 square feet to an existing restroom
and shower building with the St. Vincent de Paul food service center, as approved by Conditional
Use Permit Nos. 06-1357, 07-1885, and 10-0238, located at 316 Baker Street in a M-1 (Light
Manufacturing) zone district.
3. The center shall only be open to clients between the hours of 7:15 a.m. to 9:00 p.m. seven days
a week. The number of clients shall be limited to the maximum capacity allowed by fire code and
building code.
4. All food services shall be in compliance with the Kern County Environmental Health Services
requirements.
5. Any expansion or change of use of the food service center shall require conditional use permit.
6. A minimum of one (1) security personnel shall be onsite during evening operational hours.
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.
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 on site. Submit plans for review and approval
prior to obtaining all required permits for construction of the project.
3. Prior to review of improvement plans by the City, the developer shall submit a grading plan for
the proposed site to be reviewed and approved by the City Engineer and Building Official
(Bakersfield Municipal Code Section 16.44.010). With the grading plan, if the project is subject to
the provisions of the National Pollutant Discharge Elimination System (NPDES), a Notice of Intent
(NOi) to comply with the terms of the General Permit to Discharge Storm Water Associated with
Construction Activity (WQ Order No. 99-08-DWQ) must be filed with the State Water Resources
Control Board in Sacramento before the beginning of any construction activity. Compliance with
the general permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared,
continuously carried out, and always be available for public inspection during normal
construction hours.
CUP 24-0019 Page I 3 of 5
8.
4. A grading permit is required prior to final plan approval. The developer shall submit the
preliminary soils report to the Building Division. A final soils report shall also be submitted to the
Building Division before they can issue a building permit. Grading plans must be consistent with
the final building site plans and landscaping plans. Building permits will not be issued until the
grading permit is approved by the Building Division and Public Works Department.
5. ADD AS A NOTE TO THE PLANS: Buildings or structures shall require installation of an automatic
fire sprinkler system where required by current California Building Code and City ordinance.
6. ADD AS A NOTE TO THE PLANS: A Special Inspection Permit is required to determine what
corrections are needed to satisfy minimum building, plumbing, electrical, and/or mechanical
code standards.
7. ADD AS A NOTE TO THE PLANS: The developer shall include fire resistive wall construction
details with the final building plans for all exterior walls of any building that is within the
distance as set forth in Table 705.5 of the California Building Code.
8. ADD AS A NOTE TO THE PLANS: Prior to issuing a building permit, the Building Division will
calculate and collect the appropriate school district impact fees.
9. ADD AS A NOTE TO THE PLANS: Prior to granting occupancy, the Building Division will verify that
a water meter serving the development is in place. The developer shall contact the applicable
water purveyor to inquire about their process for obtaining water service for the development
as soon as possible (for water purveyor agency information contact: 1000 Buena Vista Road;
661-326-3715).
DEVELOPMENT SERVICES -PLANNING (1715 Chester Avenue)
(Staff contact-Louis Ramirez; 661-326-3023 or LRamirez@bakersfieldcity.us)
1. Business identification signs are neither considered nor approved under this review. A separate
sign permit, reviewed by the Planning and Building Divisions and issued by the Building Division,
is required for all new signs, including future use and construction signs. Signs must comply with
the Sign Ordinance (Chapter 17.60 of the Bakersfield Municipal Code).
2. Open storage of materials and equipment shall be surrounded and screened with a solid wall or
fence (screening also applies to gates). This fence shall be at least 6 feet in height and materials
shall not be stacked above the height of the fence. (Note: Fences taller than 6 feet are allowed in
commercial and industrial zones but they will require a building permit).
3. Areas used for outside storage, shall be treated with a permanent dust binder or other
permanent dust control measure consistent with the regulations of the San Joaquin Valley Air
Pollution Control District. (Note: All passenger vehicle-parking areas must be paved).
CUP 24-0019 Page I 4 of 5
4. 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.
C. FIRE DEPARTMENT (2101 H Street)
D.
E.
(Staff contact -Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us)
1. The project must comply with the current California Fire Code and current City of Bakersfield
Municipal Code.
WATER RESOURCES (1000 Buena Vista Road)
(Staff contact -Tylor Hester; 661-326-3715 or THester@bakersfieldcity.us)
1. No conditions required at this time
PUBLIC WORKS -ENGINEERING (1501 Truxtun Avenue)
(Staff contact -Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us)
1. Prior to issuance of building permit(s), if required by the Building Department, the grading plan
shall be approved by both the Public Works Department and the Building Division.
2. 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).
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.
4. For Building Permit, Plan will need to show all existing connection(s) to the public sewer system.
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. Prior to grading permit approval, or if not required, prior to Building permit issuance, 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 661-326-3571.
7. 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.
CUP 24-0019 Page I 5 of 5
F.
G.
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.
PUBLIC WORKS -TRAFFIC (1501 Truxtun Avenue)
(Staff contact -Susanna Kormendi; 661-326-3997 or skormendi@bakersfieldcity.us)
1. Show the installation of 1 streetlight along Baker Street as per Standard ST-23.6. The developer
shall be responsible for providing the labor and materials necessary to energize all newly
installed streetlights. Submit street light location and contact the Public Works Department at
(661) 326-3584 or pcastruita@bakersfieldcity.us for street light number.
2. Contact the Construction Desk at 661-326-3049 to schedule a site inspection before
resubmitting these plans to find out what improvements may be required. Any off-site/frontage
improvements or repairs required during the site inspection shall be shown on this site plan. 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.
3. The streetlight and any offsite improvements must be constructed prior to the issuance of a
certificate of occupancy or as determined by the City's Public Works Director.
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
Conditional Use Permit 24-0019
!.h 'JJ ,
EXHIBIT B
CITY OF BAKERSFIELD
M-1
r ~
I:; ~ ~
r-BUTlfsr
M-1
l t 1\lll'f-1\ltl l>.'ll
1Rll'l-1\lll l>.~l
R-3
R-3 Lincoln
Junior High
School
R-3
Zoning
R-1 One Family Dwelling
6,000 sq.It. min lot si,e
R-1-4.S One Family Dwelling
4,500 sq.ft. min lot size
E Estate
10,000 sq.ft. min lot size
R-S Residential Suburban
74,000 sq.lt./dwelling unit
R-S~ ) Residential Suburban
1, 2.5, Sor 10 min lot sire
R-7 Limited Multiple Family Dwelling
4,500 sq.ft. min lot si,e (single family)
6,000 sq.ft. min lot sire (multifamily)
7,500 sq.It. lot area/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min lot size
1,750 sq.ft. lot area/dwelling unit
R-4 High Density Multiple Family Dwelling
6,000 sq.ft. min lot size
600 sq.It. lot area/dwelling unit
R-H Residential Holding
20 aue min lot sire
A Agriculture
6,000 sq.ft. min lot size
A-20A Agriculture
70 aue min lot size
A-WR Agriculture-Water Recharge
Combining
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-0 Professional & Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commenial
C-C Commercial Center
C-8 Central Business
PCD Planned Commercial Development
M-1 light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlay
OS Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
FP-P Floodplain PrimarJ
FP-S Floodplain SecondarJ
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citiren Overlay
HD Hillside Development Combining
WM West Ming Specific Pion
I:,
BAKERSFIELD
0
t
Feet
500
12/13/2024
1,000
EXHIBIT C
SCOPE OF WORK
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