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HomeMy WebLinkAbout12488 Staff Rept & Res Cc/S:\05-Land Division\12488\1PC Docs\Draft\12488_Staff Report.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: June 15, 2023 AGENDA: 5.a. TO: Chair Cater and Members of the Planning Commission FROM: Paul Johnson, Planning Director DATE: June 9, 2023 FILE: Vesting Tentative Parcel Map 12488 WARD: 7 STAFF PLANNER: Courtney Camps, Associate Planner II REQUEST: A proposed vesting tentative parcel map to subdivide 12.62 gross acres into 9 parcels for purposes of commercial development zoned C-2/PCD (Regional Commercial/Planned Commercial Development), including a request to waive mineral rights signatures pursuant to BMC 16.20.060 A.2. APPLICANT: OWNER: Porter & Associates, Inc. Jacaranda Hood, LLC 1200 21st Street 4468 Foothill Road Bakersfield, CA 93301 Carpinteria, CA 93013 PROJECT LOCATION: Southeast and southwest corners of Hosking Avenue and Hughes Lane. APN: 514-030-29 PROJECT SIZE: 12.62 gross acres CEQA: Section 15162 (Previous MND) EXISTING GENERAL PLAN DESIGNATION: GC (General Commercial) EXISTING ZONE CLASSIFICATION: C-2/PCD (Regional Commercial/Planned Commercial Development) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING Vesting Tentative Parcel Map 12488 with conditions. SITE CHARACTERISTICS: The project site is predominately vacant land with three commercial buildings under construction. Surrounding properties are primarily developed as: north – Granite Pointe Park and single family residential; east – single family residential; south – single family residential; and west – single family residential. Tentative Parcel Map 12488 Page 2 BACKGROUND AND TIMELINE: • August 20, 1991 - The project site was annexed into the City as part of the Hosking No. 3 annexation (Annexation No. 345). • September 8, 2005 - Certificate of Compliance recorded for Lot Line Adjustment No. 04-0862 to adjust lot lines within the subdivision. • March 30, 2005 - City Council approved GPA/ZC No. 04-0867 and adopted a Mitigated Negative Declaration to change the zone classification from R-1 (One Family Dwelling) to C-1 (Neighborhood Commercial) zone (Ordinance No. 4239). • April 9, 2008 - City Council approved Zone Change No. 07-1724 and adopted a Mitigated Negative Declaration to change the zone classification from C-1 (Neighborhood Commercial) to C-2/PCD (Regional Commercial/Planned Commercial Development) zone (Ordinance No. 4503). • August 15, 2019 - Planning Commission approved PDR No. 19-0189 to allow a 122,500 square foot retail center (Resolution No. 90-19). • November 5, 2020 - Planning Commission approved PDR 20-0251 to change the site configuration of the convenience store and gas station and to modify approved building sizes for an overall decrease in square footage (Resolution No. 49-20). • April 26, 2023 - The application for Vesting Tentative Parcel Map 12488 was deemed complete. PROJECT ANALYSIS: The proposed Vesting Tentative Parcel Map 12488 consists of 9 parcels on 12.62 gross acres. Parcels size range from 0.61 acres to 2.40 acres and will be developed for purposes of commercial development. Circulation. Access to this subdivision is from Hosking Avenue (arterial street) on the subdivision's north boundary and Hughes Lane (collector street) that bisects the property site. Mineral Rights. The applicant is requesting the Planning Commission approve waiver of mineral rights signatures on the final map pursuant to Bakersfield Municipal Code Section 16.20.060 A.2. as the party’s right of surface entry has been waived by more than 50% of mineral interest estate. Evidence of waiver of right of surface entry is indicated in a grant deed by recorded documents (Book 4926, Page 549 and Book 6859, Page 2113). Staff recommends the Planning Commission approve waiver of these signatures on the final map. California Department of Conservation’s Division of Geologic Energy Management (“CalGEM”) submitted a letter stating that the project site is beyond their administrative boundaries of any oil or gas fields. There are no known wells on the property and no know active operators of record. If a well is uncovered, the subdivider must consult with CalGEM regarding proper abandonment of the well, in accordance with the municipal code (Condition No. 20). ENVIRONMENTAL REVIEW AND DETERMINATION: A Mitigated Negative Declaration (“MND”) was adopted for Zone Change 07-1724 on April 9, 2008, in accordance with the California Environmental Quality Act (“CEQA”). No new significant impacts, nor Tentative Parcel Map 12488 Page 3 substantial increase in severity of impacts will result with proposed VTPM 12488 from those previously identified for Zone Change 07-1724. Therefore, pursuant to CEQA Section 15162, no further environmental documentation is necessary because no 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. Mitigation measures from the related project have been incorporated and are attached to the resolution. PUBLIC NOTIFICATION: Public notice for the proposed project and environmental determination was advertised in The Bakersfield Californian and posted on the bulletin board in the City of Bakersfield Development Services Building, 1715 Chester Avenue, Bakersfield, California. All property owners within 300 feet of the project site were notified by United States Postal Service mail regarding this public hearing in accordance with city ordinance and state law. Signs are required as part of the public notification process and must be posted between 20 to 60 days before the public hearing date. Photographs of the posted signage and the Declaration of Posting Public Hearing Notice signed by the applicant are on file at the Planning Division. Comments Received. As of this writing, no written public comments have been received. CONCLUSIONS: Consistency with General Plan and Zoning Ordinance. The proposal is consistent with land use goals and policies as contained in the General Plan, which provides for accommodations of new development which channels land uses in a phased, orderly manner and is coordinated with the provision of infrastructure and public improvements (Goal No. 4); and encourages continuity of existing development and allows incremental expansion of infrastructure (Policy No. 79). Additionally, the proposed project is consistent with the Zoning Ordinance and any future development onsite will be required to comply with all applicable regulations and design standards as identified in the Zoning Ordinance. Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the proposal is compatible with the existing land use designation and land uses in the surrounding area. Staff finds the proposed subdivision is reasonable and the request to waive mineral rights is consistent with BMC Section 16.20.060 A.2. Based on information in the record, Staff recommends your Commission adopt the Resolution and findings APPROVING Vesting Tentative Parcel Map 12488 as outlined in this staff report subject to the recommended conditions. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation Vesting Tentative Parcel Map 12488 Planning Commission Draft Resolution Page 1 of 3 ATTACHMENT A DRAFT RESOLUTION NO. ________ RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE VESTING TENTATIVE TRACT MAP 12488 LOCATED SOUTHEAST AND SOUTHWEST CORNER OF HOSKING AVENUE AND HUGHES LANE. WHEREAS, Porter & Associates, Inc. representing Jacaranda Hood, LLC, filed an application with the City of Bakersfield Planning Department requesting a Vesting Tentative Parcel Map 12488 (the “Project”), consisting of 9 parcels on 12.62 gross acres for commercial development, as shown on attached Exhibit “C”, located at the southeast and southwest corner of Hosking Avenue and Hughes Lane as shown on attached Exhibit “B”; and WHEREAS, the application was deemed complete on April 26, 2023; 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 April 9, 2008, in conjunction with Zone Change 07-1724, in accordance with California Environmental Quality Act (CEQA); and WHEREAS, the Secretary of the Planning Commission, did set, Thursday, June 15, 2023, at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the Project, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and WHEREAS, the City of Bakersfield Planning 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, environmental review, and special studies (if any), 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 Page 2 of 3 initial study was prepared for the original project (Zone Change 07-1724) of the subject property and a Mitigated Negative Declaration was adopted on April 9, 2008 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 no 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 VTPM 12488 have been incorporated into the Project. 4. Urban services are available for the proposed development. The Project is within an area to be served by all necessary utilities and waste disposal systems. Improvements proposed as part of the Project will deliver utilities to the individual lots or parcels to be created. 5. The application, together with the provisions for its design and improvement, is consistent with the Metropolitan Bakersfield General Plan. (Subdivision Map Act Section 66473.5) The proposed density and intensity of development are consistent with the GC (General Commercial) land use classification on the property. Proposed road improvements are consistent with the Circulation Element. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the General Plan. 6. Mineral right owners' signatures may be waived on the final map pursuant to Bakersfield Municipal Code Section 16.20.060 A.2. The applicant has provided evidence with the Project application that it is appropriate to waive mineral right owners’ signatures because in accordance with BMC Section 16.20.060 A.2., the party’s interest is less than twenty percent of the mineral interest estate and the signature or express waiver of right of surface entry by recorded document of one or more parties having a combined interest of more than fifty percent of the mineral interest estate has been obtained, and notice of such as required in Section 16.20.060 A.2 has been made to each mineral owner and lessee of record. 7. The conditions of approval are necessary for orderly development and to provide for the public health, welfare, and safety. Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Bakersfield as follows: 1. The recitals above are true and correct and incorporated herein by this reference. 2. This map pertains to the Mitigated Negative Declaration previously approved in conjunction with Zone Change 07-1724. 3. Vesting Tentative Parcel Map 12488, is hereby approved with conditions of approval and mitigation measures shown on Exhibit "A". I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on June 15, 2023, on a motion by Commissioner _____and seconded by Commissioner ______, by the following vote. AYES: NOES: ABSENT: APPROVED ZACHARY BASHIRTASH, CHAIR City of Bakersfield Planning Commission Exhibits (attached): Exhibit A: Conditions of Approval Exhibit B: Location Map with Zoning Exhibit C: Vesting Tentative Parcel Map 12488 By CC\S:05_Land Division \12488\1 PC docs\Draft\12488_RESO CC\:S:\05_Land Division\12488\1 PC Docs\Draft\12488_Conditions EXHIBIT “A” VESTING TENTATIVE PARCEL MAP 12488 CONDITIONS OF APPROVAL NOTE to Subdivider/Applicant: It is important that you review and comply with requirements and deadlines listed in the “FOR YOUR INFORMATION” packet that is provided separately. This packet contains existing ordinance requirements, policies, and departmental operating procedures as they may apply to this subdivision. PUBLIC WORKS 1. There was no letter submitted requesting deviations from standards. 2. Approval of this tentative map does not indicate approval of grading, drainage lines and appurtenant facilities shown, or any variations from ordinance, standard, and policy requirements which have neither been requested nor specifically approved. 3. Prior to grading plan review submit the following for review and approval: 3.1. A drainage study for the entire subdivision shall be submitted for review and approval by the City Engineer. 3.2. A sewer study to include the entire subdivision shall be submitted for review and approval by the City Engineer. 4. The following conditions must be reflected in the design of the improvement plans: 4.1. Final plan check fees shall be submitted with the first plan check submission. 4.2. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials. 4.3. In addition to other paving requirements, on and off-site road improvements may be required from any collector or arterial street to provide left turn channelization into each street (or access point) within the subdivision (or development), where warranted and as directed by the City Engineer. Said channelization shall be developed to provide necessary transitions and deceleration lanes to meet the current CalTrans standards for the design speed of the roadway in question. 4.4. Off-site pavement and striping construction will be required to transition from the proposed/ultimate on-site improvements to the existing conditions at the time construction commences. Transitions must be designed in accordance with City Standards and/or the Caltrans Highway Design Manual. If existing conditions change during the period of time between street improvement plan approval and construction commencement, the street improvement plans must be revised and approved by the City Engineer. 5. The following shall occur with Parcel Map 12423. 5.1. Construct half width improvements along Hosking Ave, to Arterial Street standards, for the full width of the Parcel Map frontage, if not already constructed. 5.2. Construct half width improvements along Hughes Ln, to Collector Street standards, for the full width of the Parcel Map frontage, if not already constructed. Exhibit “A” VTPM 12488 Page 2 of 7 CC\S:\05_Land Division\12488\1PC Docs\Drafts\12488_Conditions 6. Prior to recordation of the Final Map, the subdivider shall 6.1. Submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map which will prohibit occupancy of any lot until all improvements have been completed by the subdivider and accepted by the City. 6.2. The subdivider shall submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map containing information with respect to the addition of this subdivision to the consolidated maintenance district. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents. 6.3. If it becomes necessary to obtain any off site right of way and if the subdivider is unable to obtain the required right of way, then he shall pay to the City the up- front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. 6.4. Submit for the City’s Review and approval C.C. & R.’s and Property Owner’s Association By-Laws for the use and maintenance of all non-dedicated, shared facilities. Among those non-dedicated, shared facilities will be the on-site sewer main lines and laterals and storm water retention basin(s), shared access, and associated storm drain lines and appurtenant facilities. 7. It is recommended that the on-site sewer system shall be inspected with video equipment designed for this purpose and as approved by the City Engineer. If the developer chooses to video the on-site sewer system, then the following procedure is recommended: The television camera shall have the capability of rotating 360°, in order to view and record the top and sides of the pipe, as required. The video inspection shall be witnessed by the subdivider’s engineer, who will also initial and date the “Chain of Custody” form. Any pipe locations revealed to be not in compliance with the plans and specifications shall be corrected. A recorded video cassette completed “Chain of Custody” form, and a written log (which includes the stationing, based on the stationing of the approved plans, of all connected laterals) of the inspection shall be provided for viewing and shall be approved by the subdivider’s engineer prior to acceptance. After the subdivider’s acceptance of the system, the video cassette, forms, and logs shall be submitted to the City Engineer. 8. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted fees in place for the land use type at time of development. 9. All lots with sumps and water well facilities will have wall and/or slatted chain link fence and landscaping to the appropriate street standards, at the building setback with landscaping as approved by the Public Works and Parks Directors, unless the sump is a private facility. If the sump will be privately maintained, the sump shall be Exhibit “A” VTPM 12488 Page 3 of 7 CC\S:\05_Land Division\12488\1PC Docs\Drafts\12488_Conditions constructed to City standards and shall have a wall or slatted chain link fence separating the sump from the public. 10. Drainage basins shall be reviewed and approved by both the Public Works Department and the Water Resources Department. 11. Install blue markers in the street at the fire hydrants per the Fire Department requirements. 12. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 22, 1997, and modification letter dated October 20, 2000. 13. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, Best Management Practices for complying with the requirements of the Clean Water Act are required. FIRE SAFETY DIVISION 14. Pipeline Easements. 14.1 Concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show the easements on the final map with a notation that structures including accessory buildings, habitable portion of a structure, garage, deck/patio, swimming pools or unoccupied permanent structure, are prohibited within the setback and record a corresponding covenant. 14.2 Prior to or concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show on the final map that no habitable portion of a structure, garage, deck/patio, swimming pools or unoccupied permanent structure may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches of cover and record a corresponding covenant. 14.3 No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within 48 inches or more of cover. If a pipeline meets these criteria, the 40-foot setback line shall be shown in the final map and a corresponding covenant shall be recorded prior to or concurrently with recordation of any phase that is affected. 14.4 No habitable portion of a structure may be built within thirty (30) feet of a crude oil pipeline operating at twenty percent (20%) or greater of its design strength. 14.5 Prior to or concurrently with recordation of any phase within 250 feet of the pipeline easements, subdivider shall record a covenant disclosing the location of the pipelines on all lots of this subdivision within 250 feet of the pipelines. American Petroleum Institute Standards and Guidelines for property development Exhibit “A” VTPM 12488 Page 4 of 7 CC\S:\05_Land Division\12488\1PC Docs\Drafts\12488_Conditions 15. Fire Apparatus Access Roads and Hydrants 15.1 When fire protection, including fire apparatus access roads and water supplies for protection, is required to be installed, such shall be installed and made serviceable prior to any building permit issuance and throughout the time of construction. 15.2 Dead-End fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4 (California Fire Code) Table D103.4 Requirments for Dead-End Fire Apparatus Access Roads Length (Feet) Width (Feet) Turnaround Required 0-150 20 None required 151-500 20 120-foot Hammerhead, 60-foot "Y" or 96-foot diameter cul-de-sac 501-750 26 120-foot Hammerhead, 60-foot "Y" or 96-foot diameter cul-de-sac Over 750 Special Approval Required 15.3 Fire Apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus weighing at least 75,000 pounds and shall be surfaced with the first lift of asphalt to provide all-weather driving capabilities. CITY ATTORNEY 16. 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 actually receiving such claim. The City, in Exhibit “A” VTPM 12488 Page 5 of 7 CC\S:\05_Land Division\12488\1PC Docs\Drafts\12488_Conditions 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. PLANNING 17. Change access easement and gate detail call out to read “Proposed Gate for KCWA Access” to KDWD not KCWA. 18. This subdivision shall comply with all provisions of the Bakersfield Municipal Code, and applicable resolutions, policies and standards in effect at the time the application for the subdivision map was deemed complete per Government Code Section 66474.2. 19. Prior to recordation of each final map, subdivider shall submit a “will serve” or “water availability” letter or other documentation acceptable to the Planning Director from the water purveyor stating the purveyor will provide water service to the phase to be recorded. Required for orderly development and provide for the public health, welfare and safety by ensuring water service to the subdivision at the time of final map recordation because the water purveyor has included an expiration date in the initial “will serve” letter. 20. In the event a previously undocumented well is uncovered or discovered on the project site, the subdivider is responsible to contact the Department of Conservation’s Division of Geologic Energy Management (CalGEM). The subdivider is responsible for any remedial operations on the well required by CalGEM. Subdivider shall also be subject to provisions of BMC Section 15.66.080 (B.) Police power based on public health, welfare and safety. 21. Prior to recordation of a final map, subdivider shall record a covenant providing common access and parking. Covenant shall be submitted to the Planning Director for review and approval prior to recordation. Orderly Development CONDITIONS FROM ZONE CHANGE 07-1724 PUBLIC WORKS 22. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: 22.1. Provide fully executed dedication for Hosking Avenue to arterial standards and Hughes Lane to collector standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded Exhibit “A” VTPM 12488 Page 6 of 7 CC\S:\05_Land Division\12488\1PC Docs\Drafts\12488_Conditions intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with the map. 22.2. Reconstruct Hosking Avenue for the frontage from the centerline of the street to the flowline to arterial standards. 22.3. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. 23. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. 24. Payment of median fees for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. CITY ATTORNEY 25. 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 or 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 actually 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. Exhibit “A” VTPM 12488 Page 7 of 7 CC\S:\05_Land Division\12488\1PC Docs\Drafts\12488_Conditions PLANNING 26. With submittal of the Preliminary Development Plan (PD) application, project proponent shall submit an Air Quality Impact Analysis based upon the proposed Development Plan, and shall be subject to the mitigation measures contained in the impact analysis. (Number and format of the study shall be determined by the Planning Director at the time of the PD application.) Mitigation measure for air quality. 27. With submittal of a Preliminary Planned Development Review application, the project proponent shall obtain a review from the California Archaeological Inventory at California State University Bakersfield of existing literature for archaeological resources. Applicant shall be required to obtain professional consultant and prepare a cultural resources report if the CAI requests it. (Number and format of the study shall be determined by the Planning Director at the time of the PD application.) Mitigation measure for cultural resources. 28. The project proponent shall design and submit the Preliminary Development Plan for review by the Planning Commission showing substantial compliance with BMC Section 17.08.140 that includes a detailed site plan, landscaping plan, elevations, parking modules with pedestrian paths, design standards for large retail developments, and plans shall demonstrate how the shopping center complies with parking layout design including pedestrian pathways, landscaping (tree shading coverage) and other minimum requirements of the City’s Zoning Ordinance. Orderly development