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Home My WebLink AboutPDR 23-0356 Staff Report PJ: TW/S:04_Current Planning/05_PUD & PCD/01_Active/24-0356_3000 Mall View Rd._City Lights CITY OF BAKERSFIELD PLANNING COMMISSION DIRECTOR’S REVIEW REPORT MEETING DATE: September 5, 2024 AGENDA CATEGORY: 4.b TO: Chair Cater and Members of the Planning Commission FROM: Paul Johnson, Planning Director DATE: August 30, 2024 FILE: Planning Director’s Review – Planned Development Review No. 24-0356 STAFF PLANNER: Taniya Wright, Assistant Planner REQUEST: Minor revisions to the approved development plan (PDR No. 22-0320) to include reducing the overall site square footage from 346,233 to 339,393 square feet. (Ward 3) APPLICANT: McIntosh & Associates OWNER: 1240 Palmetto, LLC, et. al. 2001 Wheelan Court 16509 Saticoy Street Bakersfield, CA 93309 Van Nuys, CA 91406 LOCATION: 3000 Mall View Road APN: 130-161-42, 46, 59, and 60 PROJECT SIZE: 36.40 Acres CEQA: Section 15162 (Previous MND) STAFF RECOMMENDATION: Staff recommends acceptance of the Planning Director’s Report. BACKGROUND AND TIMELINE: • December 3, 1986 – City Council approved Zone Change No. 4527 to change the zone classification from R-1 (One Family Dwelling) to PCD (Planned Commercial Development) and allow a 388,322 square foot enclosed shopping mall (Ordinance 3079). • April 13, 1988 – City Council approved Zone Change No. 4721 modifying the PCD site plan to increase the building square footage of the eastern-most retail anchor building (Gottschalks Department Store) from 76,630 to 90,840 square feet (Ordinance 3155). ~ BAKERSFIELD TI-E SOOIO OF~ &I,, Planning Director’s Report 24-0356 Page 2 • June 28, 1989 – City Council approved Zone Change No. 4876 modifying the PCD site plan to increase the building square footage of the southerly retail anchor building (Harris Department Store) by adding 103,644 square feet (Ordinance 3235). • August 16, 2017 – City Council approved Zone Change No. 17-0047 to change the zone classification from PCD to C-2/PCD (General Commercial/Planned Commercial Development) and allow a maximum 358,295 square feet of building area. A Mitigated Negative Declaration was also adopted as part of this project (Ordinance 4916; Resolution 109-17). • February 21, 2018 – Planning Commission approved Comprehensive Sign Plan No. 17-0449 for the redesign of the shopping center image (Resolution 13-18). • November 1, 2018 – Planning Commission approved Planned Development Review No. 18-0375 to develop the site with a maximum of 346,233 square foot regional shopping center (Resolution 96- 18). • January 19, 2023 – Planning Commission approved the Planned Development Review No. 22-0320 to develop the site with a maximum of 346,500 square foot regional shopping center (Resolution 07-23). PROJECT ANALYSIS: Planning Director Review. Bakersfield Municipal Code Section 17.54.100.D provides the Planning Director authority to administratively approve minor changes, modifications, alterations, deviations, or substitutions to an approved preliminary development plan provided the changes do not substantially or substantively change the project as approved by the Planning Commission or City Council. Such changes are generally limited to colors, materials, architectural elevations, landscape plans, and other physical changes of a similar nature. Should the Planning Director make a finding that submitted revisions to an approved preliminary or final development plan constitute minor changes or substitutions, the Director is to report that determination to the Commission at the next regular meeting. At that time, the Commission may: 1. Accept the Planning Director’s Report; or 2. Further modify the Planning Director’s approved changes; or 3. Direct staff to set the matter for public hearing to make additional changes. Based on the information presented and the following analysis, staff is recommending the Commission accept the Planning Director’s Report (Option 1). Approved Development Plans. As noted above, in January 2023 the project site was approved for a 346,233-square-foot regional shopping center. The development included 14 major buildings totaling 289,070 square feet, 8 restaurant pads totaling 39,863 square feet, 2 multi-tenant pads totaling 16,800 square feet, and 1 facility office building measuring 500 square feet. At the January meeting, your Commission amended certain conditions regarding pedestrian path of travel. Planning Director’s Report 24-0356 Page 3 Proposed Revisions. In addition to incorporating the changes imposed by the Planning Commission, the applicant is also proposing minor revisions that include: • Reducing the overall development footprint from 346,233 to 339,393 square feet. • Adjusting size and location of 14 major buildings totaling 289,070 square feet to 17 major buildings totaling 282,838 square feet. • Increasing square footage of restaurant Pad 3 from 4,996 to 5,588 square feet. • Reducing square footage of multi-tenant Pad 2 from 8,400 to 7,200 square feet. • Changing the orientation of restaurant Pad 10. • Extending drive-thru lane for restaurant Pad 3. • Realigning parking spaces on the western portion of the commercial center. • Removing truck delivery route from the center of the commercial center, limiting trucks to travel on the western and eastern portions of the commercial center. According to the developer, these changes are necessitated by the fact that 90% of the site is now leased to tenants, and the revisions are intended to accommodate their specific requirements and provide for safer vehicle and pedestrian circulation. Parking. The purpose of the City’s parking and loading standards includes providing accessible, attractive, secure, and well-maintained off-street parking and loading facilities; reducing the amount of parking area within the urban setting to help reduce the heat island effect; ensuring the parking demands associated with new development will be met without adversely affecting other nearby land uses; and ensuring access and maneuverability for emergency vehicles. The development is planned to include 1,679 parking spaces, a reduction from the originally approved 1,785 spaces. Despite this reduction, the new total still exceeds the required 1,622 spaces by 57. In accordance with the municipal code, the number of off-street parking spaces must not exceed 150% of the minimum requirement for commercial uses. Therefore, this development, with its surplus of parking, complies with the municipal code and will operate under a shared parking agreement. Signs. As noted in the timeline, your Commission approved a Comprehensive Sign Plan (CSP) in 2018. The purpose of the CSP program is to allow developers of a shopping center to request special consideration of signs that are specifically integrated into the overall architectural style or theme for that project. Because signage can play an important role in the overall site design in order to set it apart from other similar projects, a CSP can create an effect both desired and unique that will enhance the overall environment of the development. Should the developer or business owner propose any sign(s) different than what was approved in 2018, a CSP application shall be submitted to the Planning Division for approval. Planning Director’s Report 24-0356 Page 4 ENVIRONMENTAL REVIEW AND DETERMINATION: Pursuant to the California Environmental Quality Act (“CEQA”), an initial study was prepared for this site under Zone Change 17-0047, and a Mitigated Negative Declaration (“MND”) was adopted on August 16, 2017. In accordance with 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 and are attached to the resolution. Environmental Conclusion. The State CEQA Guidelines and the City of Bakersfield’s CEQA Implementation Procedures have been followed in the evaluation of the environmental effects of this project. With mitigation, significant environmental impacts were not identified for the proposed project. CONCLUSIONS: As noted above, Zoning Ordinance Section 17.54.100.D allows the Planning Director to administratively approve substitutions to an approved final development plan with respect to colors, materials, architectural elevations, landscape plans and other physical changes provided such changes do not alter any use, mitigation measure, or substantially affect the basic character of architecture established with the previous approval of the project. Recommendation. Staff concludes the proposed revisions do not substantially or substantively change the approved project. As required by the ordinance, the purpose of this report is to inform your Commission of this determination. It is Staff’s recommendation that your Commission adopt the Resolution accepting the Planning Director’s Report on Revised Planned Development Review No. 22- 0320 as depicted in the project description and subject to the listed conditions of approval. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation Development Plans • Previously Approved Site Plan • Proposed Revised Site Plan Resolution 07-23 (Planned Development Review No. 22-0320; Approved January 19, 2023) Draft Resolution for Revised Planned Development Review No. 22-0320 (Planned Development Review No. 24-0356) MAP SET Planning Director Review 24-0356 BAKERSFIELD AERIAL 1:1 ~ BAKERSFIELD t Feet Planning Director Review 24-0356 CITY OF BAKERSFIELD i~~ I C-1 LJ.J > ~i si : 0 z 0:: LJ.J > 1- 178 EOFF TO ::iE MT VERNON RAMP y ■ ~ 60UNTY __ , ~--■-■■-., CITY R-1 ERIC WAY R-3 C-1 R-3 R-n 1-Vl 0:: <( Vl Vl <( > Heritage Christian School C-0 R-3 R-3 COLUMBUS ST P.C.D. R-1 R-3 R-3 R-1 Zone CLR Commercial Zone Designations D C-0 Commercial and Professional Office -C-l Neighborhood Commercial R-1 R-1 -C-2 Regional Commercial C-2/P.CD. Combining P.C.D. Planned -Commercial Development R-1 Resource Zone Designations -OS Open Space Residential Zone Designations D R-1 One Family Dwelling R-2 Limited Multiple D Family Dwelling Zone - l unit/2,500 sq. ft. R-3 Limited Multiple -Family Dwelling Zone - l unit/1,250 sq. ft. R-3/P.U.D. Combining R-4 Limited Multiple MX-1 -Family Dwelling Zone - R-1 I unit/600 sq. ft. -P.U.D. Planned Unit Development ~ BAKERSFIELD Harding t Elementary ! School Feet i i 0 500 1,000 MAP PACKAGEi Planning Director Review 24-0356 CITY OF BAKERSFIELD UJ > < z 0 z a:: UJ > 17g EOFF TO 1- MTVERNON ::iE RAMP Land Use-CLR RESIDENTIAL HR_ High Density Residential: > 17.42 -units but::;; 72.6 dwelling units/net acre HMR _ High Medium Density Residential: > -7.26 units but::;; 17.42 dwelling units/net acre -LMR/LR LR_ Low Density - Residential: ::;; 7.26 dwelling units/net acre COMMERCIAL GC -General -Commercial -MC_ Major Commercial -OC _ Office Commercial PUBLIC FACILITIES PS _ Public/Private -Schools OPEN SPACE OS-P -Parks and -Recreation 1:1 ~ BAKERSFIELD t Feet 0 500 1,000 MAP PACKAGEi 3000 MALL VIEW ROADBAKERSFIELD, CALIFORNIASITE PLANScale: 1" = 60'P:\21\21A300 - Bakersfield-Mall View Rd & New MarketWy\Design\Site\x21A300- Site Plan.dwgBI C K E L G R O U PA R C H I T E C T U R EBICKEL GROUP INCORPORATED3600 BIRCH STREET, SUITE 120N E W P O R T B E A C H , C A 9 2 6 6 0P: 949.757.0411 F: 949.757.0511ww w . b i c k e l g r p . c o mSITE INFORMATIONTOTAL AREA:6)$&TOTAL BUILDING AREA:6)(NOT INC. UTILITY SPACES)PARKING INFORMATIONPARKING REQUIREMENTS:FOR SHOPPING CENTERS: 1/200 SF FOR FIRST 35,000 SF1/250 SF FOR ADD'L AREAFOR FOOD:1/75 SFFOR OFFICE:1/250 SFLEGENDCLEAN AIR VEHICLE STALLCLEAN AIR VEHICLE STALL TO BE CONVERTED TOELECTRIC VEHICLE STALL AS NEEDED/REQUIREDCART CORRALTRASH ENCLOSURE, TYP.VISIBILITY CORRIDORBICYCLE RACKBICYCLE LOCKER(E) UNDERLYING PARCEL LINESNOTE- ALL EXISTING DRIVEWAY LOCATIONSALONG MALL VIEW ROAD TO REMAIN.- ALL PEDESTRIAN CROSSINGS SHALL BEDELINEATED WITH DIFFERENT MATERIALS-PARKING LOT MATERIAL: A/C PAVINGDecember 23, 2022PARKING INFORMATION (CONT.)TOTAL CLEAN AIR VEHICLE STALLS PROVIDED:209 (12% OF TOTAL STALLS)TOTAL FUTURE-READY ELECTRIC VEHICLE STALLS PROVIDED:174 (10% OF TOTAL STALLS)TOTAL SHORT-TERM BICYCLE PARKING PROVIDED:79 RACKS (5% OF VISITOR STALLS*)TOTAL LONG-TERM BICYCLE PARKING PROVIDED:9 LOCKERS (5% OF TENANT TOTAL STALLS*)*ASSUME 90% OF STALLS ARE VISITOR STALLS , AND10% OF STALLS ARE TENANT STALLSPARKING CALCULATIONSBUILDING USESQ.FTG.PARKINGRATIOPARKINGREQ'DPARKINGCREDITMAJOR 1RETAIL45,600 SF1/200 OF 35,0001/250 OF 10,600218 SPACESMAJOR 2RETAIL15,000 SF1/25060 SPACESMAJOR 3RETAIL24,670 SF1/25099 SPACESMAJOR 4RETAIL21,300 SF1/25085 SPACESMAJOR 5RETAIL9,800 SF1/25039 SPACESMAJOR 6RETAIL7,700 SF1/25031 SPACESMAJOR 7RETAIL54,900 SF1/250220 SPACESMAJOR 8RETAIL26,100 SF1/250104 SPACESMAJOR 9RETAIL14,000 SF1/25056 SPACESMAJOR 10RETAIL50,400 SF1/250202 SPACESMAJOR 11RETAIL6,000 SF1/25024 SPACESMAJOR 12RETAIL4,000 SF1/25016 SPACESMAJOR 13RETAIL4,800 SF1/25019 SPACESMAJOR 14RETAIL4,800 SF1/25019 SPACESFACILITYBLDGOFFICE500 SF1/2502 SPACESPAD 1 60% RETAIL40% RESTAURANT8,400 SF1/25034 SPACESPAD 2 60% RETAIL40% RESTAURANT8,400 SF1/25034 SPACESPAD 3RESTAURANT 4,996 SF1/7567 SPACES 4 SPACESPAD 4RESTAURANT 6,000 SF1/7580 SPACES 4 SPACESPAD 5RESTAURANT 7,500 SF1/75100 SPACES 4 SPACESPAD 6RESTAURANT 6,000 SF1/7580 SPACES 4 SPACESPAD 7RESTAURANT 4,000 SF1/7553 SPACES 4 SPACESPAD 8RESTAURANT 3,867 SF1/7552 SPACES 4 SPACESPAD 9RESTAURANT 3,500 SF1/7547 SPACESPAD 10RESTAURANT 4,000 SF1/7553 SPACESTRANSITCREDIT10% OF TOTALSTALLS177SPACESTOTAL STALLS REQUIRED: 1,593 SPACESTOTAL STALLS PROVIDED: 1,734 SPACESNORTHADJACENT PROPERTY:ZONED: P.C.DLAND USE: MCADJACENT PROPERTY:ZONED: P.C.DLAND USE: MCADJACENT PROPERTY:ZONED: C-2/P.C.DLAND USE: MCADJACENT PROPERTY:ZONED: C-2/P.C.DLAND USE: GCPREVIOUSLY APPROVED SITE PLAN~ --~ --~ ------~ PAD MONUMENT SIGN 11111111! ---~ ~ I I --. -. -... -------I 00' M-11 +6l,OOO SF PROPOSED RAMP -----EX. CROSSWALK TO REMAIN ~ --~ ----~ ,::;::• ~ -------------~ FREEWAY PYLON #1 PAD MONUMENT SIGN MANAGEMENT/ MAINTENENCE FACILITY BUILDING ±500 SF -------------CALIFORNIA STATE ROUTE i 78 PAD MONUMENT SIGN \ I I I I I I I I I I I I I I I PAD MONUMENT SIGN I ·. ~p"l,L.L.D-f"i'.1". . . / / STREET PYLON SIGN #2 ~ LI PAD MONUMENT SIGN FREEWAY PYLON #2 PAD MONUMENT SIGN w co z w > <( z 0 z " s:: COLUMBUS STREET STATE HWY. No. 176 ROAD PROJECT c-SITE ~ c-"' BERNARD ST. SECTION 22 T. 29 S., R. 28 £. COLLEGE AVENUE VICINITY MAP ND SCALE Tl'e p1ars, ideas, llffllngemerrs erw:i (1($Qn ildi oonnci:m with tllis specific · nd 9 cale:l or reprege,tecn:r,.1Yi9 d~ are owned ti)" aM are the BICKEL GROLi' ~ 2015 p(OJeOI, ~ shllil nOI be lfilld, In whcta er in part, for1111Y purposerorwhioh1heywer:~o/!w~~d~-'-lllld ".:"lre creeled end (l(M)t)pe:I 901ely!Cf use (ll ar,:1 in , ""' ~'""'' °""""utwritlenpemissilllfrom 3000 MALL VIEW ROADBAKERSFIELD, CALIFORNIASITE PLANScale: 1" = 60'P:\21\21A302 - City Lights CDs\Design\Site\x21A302- Site Plan.dwgBICKEL GROUPARCHITECTUREBICKEL GROUP INCORPORATED3600 BIRCH STREET, SUITE 120NEWPORT BEACH, CA 92660P: 949.757.0411 F: 949.757.0511www.bickelgrp.comSITE INFORMATIONTOTAL AREA:±1,586,789 SF ( 36.40 AC )TOTAL BUILDING AREA: ±338,782 SF(NOT INC. UTILITY SPACES)PARKING INFORMATIONPARKING REQUIREMENTS:FOR SHOPPING CENTERS: 1/200 SF FOR FIRST 35,000 SF1/250 SF FOR ADD'L AREAFOR FOOD: 1/75 SFFOR OFFICE: 1/250 SFLEGENDELECTRIC VEHICLE CHARGING STATIONSEV CAPABLECART CORRALTRASH ENCLOSURE, TYP.VISIBILITY CORRIDORBICYCLE RACKBICYCLE LOCKERNOTE- ALL EXISTING DRIVEWAY LOCATIONSALONG MALL VIEW ROAD TO REMAIN.- ALL PEDESTRIAN CROSSINGS SHALL BEDELINEATED WITH DIFFERENT MATERIALS-PARKING LOT MATERIAL: A/C PAVINGAugust 22, 2024PARKING INFORMATION (CONT.)TOTAL EV CAPABLE STALLS PROVIDED (INCLUDES EVCS):336 STALLS (20% OF TOTAL STALLS PER CGBC 2022 CH 5.106.3.1), OR210 STALLS (EXCLUDING 126 EVCS STALLS)TOTAL EVCS (ELECTRIC VEHICLE CHARGING STATIONS) PROVIDED:126 STALLS, INCLUDING:24 LEVEL 3 SUPERCHARGERS (EQUIVALENT TO 120 EVCS STALLS), AND6 LEVEL 2 CHARGERSTOTAL SHORT-TERM BICYCLE PARKING PROVIDED:76 RACKS (5% OF VISITOR STALLS* PER CGBC 2022 CH 5.106.4.1)TOTAL LONG-TERM BICYCLE PARKING PROVIDED:9 LOCKERS (5% OF TENANT TOTAL STALLS* PER CGBC 2022 CH 5.106.4.1)*ASSUME 90% OF STALLS ARE VISITOR STALLS , AND 10% OF STALLS ARE TENANT STALLSPARKING CALCULATIONSBUILDING USESQ.FTG.PARKINGRATIOPARKINGREQ'DPARKINGCREDITMAJOR 1RETAIL23,256 SF1/200 OF 23,256116 SPACESMAJOR 2RETAIL13,500 SF1/200 OF 11,7441/250 OF 1,75666 SPACESMAJOR 3RETAIL22,000 SF1/25088 SPACESMAJOR 4RETAIL23,000 SF1/25092 SPACESMAJOR 5RETAIL10,000 SF1/25040 SPACESMAJOR 6RETAIL10,010 SF1/25040 SPACESMAJOR 7RETAIL38,868 SF1/250155 SPACESMAJOR 8RETAIL26,100 SF1/250104 SPACESMAJOR 9RETAIL4,000 SF1/25016 SPACESMAJOR 10RETAIL8,000 SF1/25032 SPACESMAJOR 11RETAIL9,504 SF1/25038 SPACESMAJOR 12RETAIL18,000 SF1/25072 SPACESMAJOR 13RETAIL55,000 SF1/250220 SPACESMAJOR 14RETAIL6,000 SF1/25024 SPACESMAJOR 15RETAIL4,000 SF1/25016 SPACESMAJOR 16RETAIL4,800 SF1/25019 SPACESMAJOR 17RETAIL6,800 SF1/25027 SPACESFACILITYBLDGOFFICE 500 SF1/2502 SPACESPAD 1 60% RETAIL40% RESTAURANT8,400 SF1/2501/7565 SPACESPAD 2 60% RETAIL40% RESTAURANT7,200 SF1/2501/7555 SPACESPAD 3RESTAURANT4,977 SF1/7567 SPACES4 SPACESPAD 4RESTAURANT 6,000 SF1/7580 SPACES 4 SPACESPAD 5RESTAURANT 7,500 SF1/75100 SPACES 4 SPACESPAD 6RESTAURANT 6,000 SF1/7580 SPACES 4 SPACESPAD 7RESTAURANT 4,000 SF1/7553 SPACES 4 SPACESPAD 8RESTAURANT 3,867 SF1/7552 SPACES 4 SPACESPAD 9RESTAURANT 3,500 SF1/7547 SPACESPAD 10RESTAURANT 4,000 SF1/7553 SPACESTRANSITCREDIT10% OF TOTALSTALLS182 SPACESTOTAL STALLS REQUIRED: 1,614 SPACESTOTAL STALLS PROVIDED: 1,680 SPACESNORTHADJACENT PROPERTY:ZONED: P.C.DLAND USE: MCADJACENT PROPERTY:ZONED: P.C.DLAND USE: MCADJACENT PROPERTY:ZONED: C-2/P.C.DLAND USE: MCADJACENT PROPERTY:ZONED: C-2/P.C.DLAND USE: GCNEW PROPOSED SITE PLAN-----------D D ---------------------------------~ EX. CROSSWALK TO REMAIN --------------------------~ --------------------------~ ------~ -----------/FREEWAY / PYLON#2 --------------------------..... ---~-a::JJ:====J (O:[===J MAJORS ±26,100SF -------MAJOR, :!:38,888 SF --~--CITY LIGHTS MAJOR2 a,, ±13,500 SF ~~ MONUMENT SIGN MAJOR 1 ±23,256SF ENl --.l~ SIGN I>-\,\,,, --------------------BUS STOP ST ER I.D. PYLON SIGN SECTION 22, T. 29 S, R. 28 £. v1CINITY MAP ~ ',,,, ______ ":::,_ __ _ RESOLUTION NO. 07-23 RESOLUTION OF THE PLANNING COMMISSION APPROVING A NEW PLANNED DEVELOPMENT REVIEW FOR A 36.4 ACRES RETAIL/COMMERCIAL CENTER IN A C-2/PCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT ZONE) DISTRICT LOCATED 3000 MALL VIEW ROAD, APPROXIMATELY ONE-THIRD MILE WEST OF OSWELL STREET (3200 MALL VIEW ROAD). (FILE NO. 22-0320) WHEREAS, McIntosh & Associates (applicant) on behalf of City Lights, LLC (property owner) filed an application with the City of Bakersfield Development Services Department requesting approval of a Planned Development Review for a maximum 36.4 acres retail/commercial center in a C-2/PCD (Regional Commercial/Planned Commercial Development Zone) district located between State Route 178 and Mall View Road, approximately one-third mile west of Oswell Street (3000 Mall View Road); and WHEREAS, the Secretary of the Planning Commission set Thursday, January 19, 2023, 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) (testimony was received only in support/opposition/both in support and opposition ofthe 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 for the original project (Zone Change 17-0047), which encompasses the subject property and it was determined that the Project would not have a significant effect on the environment, and the Mitigated Negative Declaration with mitigation measures were approved by the City Council on August 16, 2017, in accordance with California Environmental Quality Act (CEQA); and Whereas, in accordance with CEQA Guidelines Section 15164, an Addendum to the previously approved Mitigated Negative Declaration for Zone Change 17-0047 that determined the request would not result in significant impacts to any environmental subject areas requiring analysis under CEQA, and no additional mitigation is required; 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. 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 under CEQA and an initial study was completed. 3. Said Mitigated Negative Declaration and Addendum for the Project is the appropriate environmental document to accompany approval of the Project. In accordance with State CEQA Guidelines Section 15164, 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 Zone Change 17-0047 have been incorporated into the Project. 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. Planned Development Review No. 22-0320 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 thereof held on January 19, 2023, on a motion by Commissioner Koman and seconded by Commissioner Bashirtash, by the following vote. AYES: Chair Cater, Vice-Chair Bashirtash, Commissioner Koman, Bittle, Lomas, Wade NOES: ABSENT: Commissioner Neal APPROVED DANIEL CATER, CHAIR City of Bakersfield Planning Commission Exhibits: A. Conditions of Approval B. Location Map C. Site Plan 2 BAKERSFIELD THE SOUND OF £;31J1dhWj j]e#_p,; Planned Development Review No. 18-0375 Mitigation Measures/Conditions of Approval I. The following conditions shall be satisfied as part of the approval of this project (reference Zone Change No. 17-0047; Resolution 109-17 to Adopt Mitigated Negative Declaration): 1. Project development shall be limited to a maximum 358,295 square feet of building area based on the project descriptions contained in the Air Quality Study and Traffic Analysis Letter. CITY ATTORNEY 2. 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 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. AIR QUALITY IMPACT MITIGATION MEASURES 3. Comply with SJVAPCD Regulation VIII (dust control measures): • Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the site or approaches 20% opacity. • Water all unpaved haul roads a minimum of three-times/day or whenever visible dust from such roads is capable of drifting from the site or approaches 20% opacity. • Reduce speed on unpaved roads to less than 15 miles per hour. • Install and maintain a track out control device that meets the specifications of S]VAPCD Rule 8041 if the si te exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicles with three or more axles. PDR 22-0320 Page I 2 of 18 4. 5. • • • • • • Stabilize all disturbed areas, including storage piles, which are not being actively utilized for production purposes using water, chemical stabilizers or by covering with a tarp or other suitable cover. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden). Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppr essants. Remove visible track-out from the site at the end of each workday . Cease grading or other activities that cause excessive (greater than 20% opacity) dust formation during periods of high winds (greater than 20 mph over a one-hour period). GAMAQI guidance document list the following measures for construction activities: • Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the • • • • • • • • • site or approaches 20% opacity. Water all unpaved haul roads a minimum of three-times/day or whenever visible dust from such roads is capable of drifting from the site or approaches 20% opacity. Reduce speed on unpaved roads to less than 15 miles per hour . Install and maintain a track out control device that meets the specifications of SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicles with three or more axles. Stabilize all disturbed areas, including storage piles, which are not being actively utilized for production purposes using water, chemical stabilizers or by covering with a ta rp or other suitable cover. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden). Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. Remove visible track-out from the site at the end of each workday . Cease grading or other activities that cause excessive (greater than 20% opacity) dust formation during periods of high winds (greater than 20 mph over a one-hour period). GAMAQI guidance document lists the following measures as approved and recommended for construction activities. • Maintain all construction equipment as recommended by manufacturer manuals. • Shut down equipment when not in use for extended periods. Construction equipment shall operate no longer than eight (8) cumulative hours per day. • Use electric equipment fo r construction whenever possible in lieu of diesel or gasoline powered equipment. • Curtail use of high-emitting construction equipment during periods of high or excessive ambient pollutant concentrations. PDR 22-0320 • • • • • Page I 3 of 18 All construction vehicles shall be equipped with proper emissions control equipment and kept in good and proper running order to substantia lly reduce NO x emissions. On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines . On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. All construction workers shall be encouraged to shuttle ( car-pool) to retail establishments or to remain on-site during lunch breaks. All construction activities within the Project area shall be discontinued during the first stage smog alerts . Construction and grading activities shall not be allowed during first stage 03 alerts. First stage 01 alerts are declared when the 01 level exceeds 0.20 ppm (1-hour average). 6. Reduction of long term emissions. • The Project design shall comply with applicable standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. • Applicants shall be required to comply with applicable mitigation measures in the AQAP, SJVAPCD Rules, Traffic Control Measures, Regulation VIII a nd Indirect Source Rules for the SJVAPCD. • The developer shall comply with the provisions ofSJVAPCD Rule 4601 -Architectural Coatings, during the construction ofall buildings and facilities. Application of architectural coatings shall be completed in a manner that poses the least emissions impacts whenever such application is deemed proficient. • The applicant shall comply with the provisions ofSJVAPCD Rule 4641 during the construction and pavement of all roads and parking areas within the Project area. Specifically, the applicant shall not allow the use of: Rapid cure cutback asphalt; Medium cure cutback asphalt; Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4). The developer shall comply with applicable provisions of SJVAPCD Rule 9510 (I ndircct Source Review). 7. Measures applied in CalEEMod to the Proposed Project: • • • Improve Distance to Public Transit; The Project would have a bus stop on-site, promoting the use of public t ransportation to the project rather than private vehicle. Improve Pedestrian Network (Project site and connecting off-site); Providing a pedestrian access network to link areas of the Project site encourages people to walk instead of drive, resulting in a reduction in VMT. The Project would provide a pedestrian access network that internally links all uses and connects to all existing or planned external streets and pedestrian facilities contiguous with the Project site (CAPCOA 2010). 3% Electric Lawnmower; When electric landscape equipment is used in place of a conventional gas-powered equipment, d irect GI-IG emissions from natural gas combustion are replaced with indirect GHG emissions associated with the electricity used to power the equipment (CAPCOA 2010). The SJVAPCD accepts the statewide average of 3 percent electric landscape equipment as a standard mitiga tion measure. This measure is likely conservative as it does not include local incentives through the air district such as the lawn mower exchange program, electric mower rebates etc. PDR 22-0320 Page 14 of 18 30/ci Electric Leaf blower; When electric landscape equipment is used in place of a conventional gas-powered equipment, direct GHG emissions from natural gas combustion are replaced with indirect GHG emissions associated with the electricity used to power the equipment (CAPCOA 2010). The SJVAPCD accepts the statewide average of 3 percent electric landscape equipment as a standard mitigation measure. 3% Electric Chainsaw; When electric landscape equipment is used in place of a conventional gas-powered equipment, direct GHG emissions from natural gas combustion are replaced with indirect GHG emissions associated with the electricity used to power the equipment (CAPCOA 2010). The SJVAPCD accepts the statewide average of 3 percent electric landscape equipment as a standard mitigation measure. BIOLOGICAL IMPACT MITIGATION MEASURES 8. Pay Development Impact Fees Pursuant to the Metropolitan Bakersfield Habitat Conservation Plan. The project is subject to the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. The current MBHCP urban development incidental take permit expires on September 1, 2019. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the September expiration date. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit before the expiration date will be eligible to pay fees under the current MBHCP incidental take permit. Early payment or pre- payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP incidental take permit. Urban development permits issued after the expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Department of Fish and Wildlife. 9. Within 30 days of initial ground disturbance conduct Preconstruction Clearance Survey by a qualified biologist. A biological clearance survey is required for San Joaquin kit fox and burrowing owl. The survey shall be completed according to the requirements of the Metropolitan Bakersfield Habitat Conservation Plan and Incidental Take Permit. All surveys must be delivered to the U.S. Fish and Wildlife Service, the California Department of Fish and Wildlife, and the City of Bakersfield. If the survey results find a covered species on the project site, a written Notice of Grading is required at least 5 business days prior to any ground disturbance activities (excluding weekends and holidays). The Notice of Grading shall only be submitted after all required minimization measures, according to the Incidental Take Permit, are implemented. 10. San Joaquin Kit Fox Avoidance and Den Excavation. If known, active, or natal San Joaquin kit fox dens are identified during the survey, minimization measures identified in the Incidental Take Permit for den avoidance must be demonstrated (Metropolitan Bakersfield Habitat Conservation Plan Incidental Take Permit Condition of Approval 7.5). If dens cannot be avoided, appropriate monitoring and den excavation as described in Metropolitan Bakersfield Habitat Conservation Plan Incidental Take Permit. PDR 22-0320 Page I 5 of 18 11. Burrowing Owl Focused Survey and Avoidance and Passive Relocation. A focused survey following the protocol described in the California Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation (CDFG 2012) will be conducted prior to the start of construction. If burrowing owls are identified on the project site, occupied burrows shall not be disturbed during the nesting season (February 1 through August 31 for owls and other raptors). The non-disturbance buffer shall include a minimum 250-foot buffer zone around any occupied burrow unless a qualified biologist approved by the California Department of Fish and Wildlife verifies through non-invasive methods that either (1) burrowing owls have not begun egg laying and incubation, or (2) juveniles from the occupied burrows are foraging independently and are capable of independent survival. The sizes of individual buffers may be modified through coordination with the California Department of Fish and Wildlife based on site- specific conditions and existing disturbance levels. During the non-nesting season or if the qualified biologist determines either (1) or (2) above, the project applicant will coordinate with the California Department of Fish and Wildlife to construct artificial burrows and passively relocate the owl(s). Passive relocation is defined as encouraging owls to move from occupied burrows to alternate natural or artificial burrows that are beyond 50 meters (approximately 160 feet) from the impact zone and that are within or contiguous to a minimum of 6.5 acres of foraging habitat for each pair of relocated owls (California Burrowing Owl Consortium 1993). Regarding passive relocation, the Burrowing Owl Survey Protocol and Mitigation Guidelines (California Burrowing Owl Consortium 1993) state that: "Owls should be excluded from burrows in the immediate impact zone and within a 50 m (approx. 160 feet) buffer zone by installing one-way doors in burrow entrances. One-way doors should be left in place 48 hours to insure owls have left the burrow before excavation. One alternate natural or artificial burrow should be provided for each burrow that will be excavated in the project impact zone. The project area should be monitored daily for one week to confirm owl use of alternate burrows before excavating burrows in the immediate impact zone. Whenever possible, burrows should be excavated using hand tools and refilled to prevent reoccupation. Sections of flexible plastic pipe or burlap bags should be inserted into the tunnels." 12. Protect Nesting Birds. If construction activities are scheduled to begin between February 15 and September 15, a nesting bird survey will be conducted no more than 5 days prior to the start of any initial activity. If construction is postponed, additional surveys may be required. For any nests that are identified, avoidance buffers will be established to avoid any disturbances that may affect the nesting birds or cause nest failure. The buffer will be determined based on a qualified biologist's determination. If the recommended buffer is less than 500 feet for raptors and less than 250 feet for passerine birds, then a biological monitor will be present whenever construction occurs within 500 feet of a raptor nest or 250 feet of a passerine nest, unless otherwise determined unnecessary by a qualified biologist. If the biologist detects distress or a risk of nest failure resulting from the construction activity, the biologist may halt construction and adjust the buffer as necessary. 13. Conduct "Tailgate" Environmental Education for All Construction Personnel. Prior to initial groundbreaking, a tailgate session shall be conducted by a qualified biologist to educate construction personnel on relevant federal, state, and local laws related to potentially occurring special-status species at the site. The tailgate session shall include training on identification of species that may be found on the project site, the status of those species, and any legal protection afforded to those species. Measures that are being implemented to protect those species will also be explained. Personnel will be advised to report any special-status species or burrows promptly. A fact sheet conveying this information will be prepared for display or for distribution to anyone who may enter the project site. Proof of training shall be submitted to the City of Bakersfield Planning Department within five days of the training. PDR 22-0320 Page I 6 of 18 14. Other Best Management Practices. The project shall continuously comply with the best management practices items listed below during all construction activities and operations of the project: a) All trash, including food items, will be disposed of in securely closed or covered containers daily. b) A project speed limit will be maintained at 20 miles per hour during daylight hours and 10 miles per hour for any driving on site before sunrise or after sunset. c) All exposed pipes, culverts, and other similar structures with a diameter 4 inches or greater shall be properly capped in order to prevent entry by San Joaquin kit fox or other species. Any of these materials or structures that are left overnight and are not capped shall be inspected prior to being moved, buried, or closed in order to ensure that San Joaquin kit fox or other species are not present within the structure. If a covered species is found within one of these structures, the animal will be allowed to safely escape that section prior to moving or utilizing that segment. d) Cover or Inspect All Trenches or Other Potential Entrapments. All open holes, sumps, and trenches shall be inspected at the beginning, in the middle, and at the end of each day for trapped covered species as required by Metropolitan Bakersfield Habitat Conservation Plan Incidental Take Permit Condition of Approval 7.15. All trenches, sumps, and other excavations with side walls that have greater than 1:1 slope (45 degrees) and are between 2 and 8 feet deep will be covered when workers or equipment are not actively working in the excavation, including overnight, or shall have an escape ramp constructed of earth or a non-slip material with less than 1:1 slope. All excavations with side walls greater than 1:10 slope and deeper than 8 feet shall be covered when workers or equipment are not actively working in the exaction and at the end of each day. All excavations that are covered long term shall be inspected at the beginning of each working day to ensure inadvertent entrapment has not occurred. If a covered species is found to be trapped, work is to cease in the vicinity and notification will be made immediately to the California Department of Fish and Wildlife. The animal will be allowed to escape unimpeded, or a qualified biologist will capture and relocate the animal in accordance with California Department of Fish and Wildlife direction. CULTURAL RESOURCES MITIGATION MEASURES 15. If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. PDR 22-0320 Page I 7 of 18 II. 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. As part of the building permit submittal, identify the location of your response by using the APPLICANT'S RESPONSE line provided directly below the item (example: sheet number, detail, etc.). A. DEVELOPMENT SERVICES -BUILDING (1715 Chester Avenue) (Staff contact-Shannon Clark; 661-326-3607 or sclark@bakersfieldcity.us) 1. 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. **SPECIAL NOTE: 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. APPLICANT'S RESPONSE: ______________________ _ 2. A grading permit is required prior to final plan approval. The developer shall submit four (4) copies of grading plans and two (2) copies of 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. Please note that 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, Planning Division (HCP), and Public Works Department. APPLICANT'S RESPONSE: ______________________ _ 3. An approved site utilities plan is required prior to final plan approval. APPLICANT'S RESPONSE: _______________________ _ PDR 22-0320 Page I 8 of 18 4. Show on the final building plan how and where water will be drained from the property. APPLICANT'S RESPONSE: ------------------------ 5. Show on the final building plan pedestrian access from the public way and accessible parking. Private streets are not the public way. APPLICANT'S RESPONSE: ______________________ _ 6. A Special Inspection Permit is required to determine what corrections are needed to satisfy minimum building, plumbing, electrical, and/or mechanical code standards (generally applies to existing buildings). APPLICANT'S RESPONSE: ------------------------ 7. 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 602 of the California Building Code. APPLICANT'S RESPONSE: ______________________ _ 8. Include with or show on the final building plans information necessary to verify that the project complies with all accessibility requirements of Title 24 of the California Building Code. APPLICANT'S RESPONSE: _____________________ _ 9. An acoustical consultant, approved by the Building Division, shall be contacted to prepare and include with the final building plans measure that mitigate noise exposures for all buildings on the project site that are subject to noise levels of 65 db or greater as delineated by the CNEL contour maps of the city. These implementation measures shall comply with the requirements ofTitle 24 of the California Building Code. APPLICANT'S RESPONSE: ------------------------- 10. The developer shall obtain all required approvals from the Kern County Environmental Health Services Department (2700 "M" Street, Bakersfield, CA., 93301; PH 661-862-8700) for any food handling facility (i.e.: market, delicatessen, cafe, concession, restaurant) before building permits can be issued. APPLICANT'S RESPONSE: ______________________ _ 11. Buildings or structures shall require installation of an automatic fire sprinkler system where required by current California Building Code and City ordinance. APPLICANT'S RESPONSE: ______________________ _ 12. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. APPLICANT'S RESPONSE: _______________________ _ PDR 22-0320 Page I 9 of 18 B. 13. Final Building plans shall show pedestrian access pathways or easements for persons with disabilities from public rights-of-ways that connect to all accessible buildings, facilities, elements, and spaces in accordance with the California Building Code. These pedestrian access ways shall not be parallel to vehicular lanes unless separated by curbs or railings. APPLICANT'S RESPONSE: ____________________ _ 14. Prior to granting occupancy, the Building Division will verify that a water meter serving the development is in place. Therefore, it is recommended that the developer contact the applicable water purveyor to inquire about their process for obtaining water service for the development as soon as possible. To determine who the water purveyor for the development is, you may contact the City of Bakersfield Water Resources Department (1000 Buena Vista Road, Bakersfield, CA, phone: 661-326-3715). APPLICANT'S RESPONSE: ------------------------- 15. Show on the final building plan, electric vehicle supply equipment to facilitate future installation as required by the California Green Code. APPLICANT'S RESPONSE: _____________________ _ DEVELOPMENT SERVICES -PLANNING (1715 Chester Avenue} (Staff contact-Veronica Martinez; or vmartinez@bakersfieldcity.us) 1. The minimum parking required for this project has been computed based on use and shall be as shown on the following page: (Note: According to the plans, 1,734 parking spaces are shown on the proposed site plan. By ordinance, compact and tandem spaces cannot be counted towards meeting minimum parking requirements. For commercial development containing a multi-tenant pad, any change in use where SO percent or more of the pad requires additional parking pursuant to Bakersfield Municipal Section 17.58.110, the Planning Director may require parking commensurate with the new use.) APPLICANT'S RESPONSE: ______________________ _ PDR 22-0320 Page I 10 of 18 BUILDING -USE SQUARE PARKING REQUIRED FEET RATIO PARKING Retail 1/200 ~35,000 1/250 >35,000 Major 1 A {45,600) 35,000 175 Major 1 B (45,600} 10,600 42 Major 2 15,000 60 Major 3 24,670 99 Major4 21,300 85 Majors 9,800 39 Major6 7,700 31 Major 7 54,900 220 Majors 26,100 104 Major9 14,000 56 Major 10 50,400 202 Major 11 6,000 24 Major 12 4,000 16 Major 13 4,800 19 Major 14 4,800 19 Subtotal 289,070 1,156 Office 1/250 Facility Office Bldg 500 2 Subtotal 500 2 Multi-tenant 1/250 sf Pad 1 (60% retaiV40% food) 8,400 34 Pad 2 (60% retaiV40%food) 8,400 34 Subtotal 16,800 67 Restaurants 1/75 sf Pad3 4,996 67 Pad4 6,000 80 Pads 7,500 100 Pad6 6,000 80 Pad 7 4,000 53 Pad 8 ( conceptual -subject to Commission approval) 3,867 52 Pad9 3,500 47 Pad 10 4,000 53 Subtotal 39,863 532 1,757 Parking Credit Transit (10% of total 1,757) (176.00) Pad 3 (Drive-thru lane exceeding 44 feet) (2.00) Pad 4 (Drive-thru lane exceeding 44 feet) (2.00) Pad 5 (Drive-thru lane exceeding 44 feet) (2.00) Pad 6 (Drive-thru lane exceeding 44/eet) (2.00) Pad 7 (Drive-thru lane exceeding 44 feet) (2.00) Pad 8 (Drive-thru lane exceeding 44 feet) (2.00) Subtotal (188.00) TOTAL 346,233 1,569 PDR 22-0320 Page I 11 of 18 2. Lighting is required for all parking lots, except residential lots with four units or less {Section 17.58.060.A.). Illumination shall be evenly distributed across the parking area with light fixtures designed and arranged so that light is directed downward and is reflected away from adjacent properties and streets. Use of glare shields or baffles may be required for glare reduction or control of back light. No light poles, standards and fixtures, including bases or pedestals, shall exceed a height of 40 feet above grade. However, light standards placed less than 50 feet from residentially zoned or designated property, or from existing residential development, shall not exceed a height of 15 feet. The final building plans shall include a picture or diagram of the light fixtures being used and show how light will be directed onto the parking area. (Note: Staff can require additional adjustments to installed lighting after occupancy to resolve glare or other lighting problems if they negatively affect adjacent properties.) APPLICANT'S RESPONSE: ______________________ _ 3. Because parking and/or access is being shared with adjacent properties, the developer shall file with the Planning Division before any building permits are issued a copy of a recorded map, CC&Rs, or other instrument that ensures that drive aisles, parking, and access is legally shared in common with adjoining properties as depicted on the site plan for the life of the project. APPLICANT'S RESPONSE: ------------------------- 4. The developer shall include a copy of a final landscape plan with each set of the final building plans submitted to the Building Division. Building permits will not be issued until the Planning Division has approved the final landscape plan for consistency with approved site plans and minimum ordinance standards. Please refer to the landscaping requirements in Chapter 17.61. Landscape plans shall include, but are not limited to, data on: gallon/box size, spacing, species (reference approved parking lot tree list), ratio of deciduous vs. evergreen, shade calculations, ground cover calculations, etc. (Note 1: At the time a final site inspection is conducted, it is expected that plants will match the species identified and be installed in the locations consistent with the approved landscape plan. Changes made without prior approval of the Planning staff may result in the removal and/or relocation of installed plant materials and delays in obtaining building occupancy.) (Note 2: No mature landscaping shall be removed without prior approval by the Planning Director.) (Note 3: Upon approval of the final landscape plan, a digital copy shall be submitted to the Planning staff contact listed above.) APPLICANT'S RESPONSE: ______________________ _ 5. Our records show that the project is contained on more than one parcel. Because building setbacks cannot be met based on the design layout, a parcel line bisects a building, and/or parking for residential use is not on the same site as the project {Section 17 .58.020.B. of the Bakersfield Municipal Code), a parcel merger or lot line adjustment application removing or relocating property lines shall be submitted to the Planning Division before building permits can be issued. Recordation of the map shall occur before final building or site occupancy can be granted. If our records are in error, please provide a copy of the parcel map, subdivision map, or certificate of compliance showing the approved property lines. (Note: An Assessor's map is not acceptable since it is only for tax purposes and does not verify legal parcel status.) APPLICANT'S RESPONSE: _______________________ _ PDR 22-0320 Page I 12 of 18 6. Business identification signs are neither considered nor approved under this review (e.g. wall, monument, pylon, etc.). 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. (Note: Signs must comply with the Sign Ordinance; Chapter 17.60 of the Bakersfield Municipal Code. Review this Chapter as part of due diligence.) APPLICANT'S RESPONSE: _____________________ _ 7. 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.) APPLICANT'S RESPONSE: ______________________ _ 8. 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.) APPLICANT'S RESPONSE: ______________________ _ 9. Outside work, storage, sales and display of merchandise and materials is only permitted within a screened area dedicated for such use and in accordance with Bakersfield Municipal Code Title 17. Use of the parking area is prohibited. (Note: This does not include outdoor seating areas for restaurants.) *Changed at Planning Commission on 1.19.2023 APPLICANT'S RESPONSE: _____________________ _ 10. If paleontological resources are encountered during construction, a qualified paleontologist shall be retained by the developer to evaluate the significance of the resources and formulate a mitigation program if necessary. The paleontologist shall coordinate with the Planning Division. APPLICANT'S RESPONSE: _____________________ _ 11. 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. APPLICANT'S RESPONSE: ______________________ _ 12. 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). APPLICANT'S RESPONSE: ______________________ _ PDR 22-0320 Page I 13 of 18 C. 13. 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. APPLICANT'S RESPONSE: ______________________ _ 14. Prior to issuance of any building permits, revised drawings shall be submitted demonstrating compliance with the design standards for retail development as listed in Bakersfield Municipal Code Section 17.18.140. APPLICANT'S RESPONSE: ______________________ _ FIRE DEPARTMENT {2101 H Street) (Staff contact -Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us) 1. Show on the final building plans the following items: a. b. C. d. e. All fire lanes. Any modifications shall be approved by the Fire Department. Fire lane identification signs shall be installed every 100 feet with red curbing when curbing is required. All work shall be completed before occupancy of any building or portion of any building is allowed. All fire hydrants, both offsite (nearest to site) and on-site. Include flow data on all hydrants. Hydrants shall be in good working condition and are subject to testing for verification. Fire flow requirements must be met prior to construction commencing on the project site. Please provide two (2) sets of the water plans stamped by a licensed Registered Civil Engineer to the Fire Department and two (2) sets to the Water Resources Department (1000 Buena Vista Road, Bakersfield, CA. 93311; 661-326-3715). (Note: Show: 1) distance to the nearest hydrant; and 2) distance from that hydrant to the farthest point of the project site.) All fire sprinkler and/or stand pipe systems, fire alarms and commercial hood systems. These suppression systems require review and permits by the Fire Department. The Fire Department will issue guidelines for these various items as they may apply to this project. 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. Name and phone number of the appropriate contact person. APPLICANT'S RESPONSE: ______________________ _ 2. The developer must pay required fees to and request an inspection from the Water Resources Department (1000 Buena Vista Road, Bakersfield, CA, phone: 661-326-3715) for any underground sprinkler feeds at least 2 full business days before they are buried. The Prevention Services Division (2101 H Street, Bakersfield CA, Ph. 661/326-3979) must complete all on-site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. APPLICANT'S RESPONSE:. ______________________ _ PDR 22-0320 Page I 14 of 18 D. 3. 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. APPLICANT'S RESPONSE: ______________________ _ 4. 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 driving surface approved by the fire chief. Must be capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds and shall be surfaced with the first lift of asphalt as to provide all- weather driving capabilities. All access (Permanent and temporary) to and around any building under construction must be a least 20 feet wide (26 feet wide where building height exceeds 30 feet), with an overhead clearance of 13 feet 6 inches, and contain no obstruction. The fire apparatus access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. APPLICANT'S RESPONSE: ______________________ _ 5. Turning Radius: The minimum turning radius shall be thirty-seven feet. APPLICANT'S RESPONSE: _______________________ _ 6. If you handle hazardous materials or hazardous waste on the site, the Prevention Services Division may require a hazardous material management and/or risk management plan before you can begin operations. Please contact them at 661-326-3979 for further information. APPLICANT'S RESPONSE: ------------------------- 7. All projects must comply with the current California Fire Code and current City of Bakersfield Municipal Code. 1. APPLICANT'S RESPONSE: ------------------------- WATER RESOURCES (1000 Buena Vista Road) (Staff contact -Tylor Hester; 661-326-3715 or THester@bakersfieldcity.us) 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 existing 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/gov/depts/water_resources/fees.htm APPLICANT'S RESPONSE: ______________________ _ 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 www.bakersfieldcity.us/gov/depts/water_resources/fees.htm APPLICANT'S RESPONSE: ______________________ _ PDR 22-0320 Page I 15 of 18 E. PUBLIC WORKS -ENGINEERING (1501 Truxtun Avenue) {Staff contact -Susanna Kormendi; 661-326-3997 or skormendi@bakersfieldcity.us) 1. The developer shall construct curbs, gutters, cross gutters, sidewalks, and street/alley paving along Mall View Road according to adopted city standards, unless otherwise approved by the Planning Commission and/or the Public Works Director or Building Director. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. Continuous sidewalk is required along Mall View Road from the western driveway (near Pad 2) to the eastern property boundary. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. *Changed at Planning Commission on 1.19.2023 APPLICANT'S RESPONSE: _____________________ _ 2. The developer shall construct standard accessible ramps (curb cuts) at all existing and proposed driveways subject to a sidewalk (see Condition 11.E.1) according to adopted city standards. Curb cuts shall provide for pedestrian crossing parallel and adjacent to Mall View Road. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. *Changed at Planning Commission on 1.19.2023 APPLICANT'S RESPONSE: _____________________ _ 3. The developer shall install new connection(s) to the public sewer system. This connection shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. APPLICANT'S RESPONSE: ------------------------- 4. Show on the final building plans all existing connection(s) to the public sewer system. APPLICANT'S RESPONSE: ------------------------- 5. If a grading plan is required by the Building Division, building permits will not be issued until the grading plan is approved by both the Public Works Department and the Building Division. APPLICANT'S RESPONSE: ______________________ _ 6. 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). APPLICANT'S RESPONSE: ______________________ _ 7. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. An industrial waste permit must be obtained from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the Wastewater Treatment Superintendent at 661-326-3249. APPLICANT'S RESPONSE: _______________________ _ PDR 22-0320 Page I 16 of 18 8. 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. Please call the Construction Superintendent at 661-326-3049 to schedule a site inspection to find out what improvements may be required prior to submitting a grading plan. Any off-site/frontage improvements or repairs required during the site inspection shall be shown on the grading plan. APPLICANT'S RESPONSE: ______________________ _ 9. 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. APPLICANT'S RESPONSE: ------------------------- 10. A sewer connection fee shall be paid at the time a building permit is issued. We will base this fee at the rate in effect at the time a building permit is issued. APPLICANT'S RESPONSE: ______________________ _ 11. 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 (SWRCB Order No. 2009-009-DWQ as amended by Order No. 2010-0014-DWQ and 2012-0006-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 required that a Storm Water Pol.lution Prevention Plan (SWPPP) be prepared, continuously carried out, and always be available for public inspection during normal construction hours. APPLICANT'S RESPONSE: ______________________ _ 12. 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. APPLICANT'S RESPONSE: ______________________ _ 13. The developer shall form a new Maintenance District. Undeveloped 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 Adam Cordero at 661-326-3576. (Note: If already within a maintenance district, may need to update the maintenance district form.) APPLICANT'S RESPONSE: ______________________ _ 14. The developer shall install a full-sized manhole in each sewer line except residential development 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. APPLICANT'S RESPONSE: _______________________ _ PDR 22-0320 Page I 17 of 18 F. PUBLIC WORKS -TRAFFIC (1501 Truxtun Avenue} (Staff contact-Susanna Kormendi; 661-326-3997 or skormendi@bakersfieldcity.us) 1. At this time, no applicable conditions for the proposed project. Conditions may be added if the project changes. G. PUBLIC WORKS -SOLID WASTE 1. You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and/or recycled materials. Collection locations must provide enough containment area for the refuse that is generated without violating required zoning or setback restrictions (see Planning Division conditions). Levels of service are based on how often collection occurs as follows: □ Cart service 1 cubic yard/week or less 1 time per week x Front loader bin services --1 cubic yard/week -12 cubic yards/day x Roll-off compactor service --More than 12 cubic yards/day APPLICANT'S RESPONSE: ______________________ _ 2. Show on the final building plans refuse/recycle bin enclosures. Each enclosure shall be designed according to adopted city standard (Detail # ST-27 and ST-28), at the size checked below 0. Before occupancy of the building or site is allowed,------~ ______ -cubic yard front loading type refuse/recycle bin(s) shall be placed within the required enclosure(s). □ □ □ _____ 6' deep x 8' wide (1 bin) x __ 12 ____ 8' deep x 15' wide (3 bins) _____ 8' deep x 10' wide (2 bins) x ___ 6 ___ 8' deep x 20' wide (4 bins) _____ 8' deep x 10' wide; on skids for direct stab only (1-6 yard recycling bin) (Note: All measurements above are curb-to-curb dimensions inside the enclosure. If both refuse and recycling containers are to be combined in the same enclosure area, this area must be expanded in size to accommodate multiple containers/bins -contact the staff person above for the appropriate enclosure size.) APPLICANT'S RESPONSE: ______________________ _ 3. Examples of enclosure styles can be found on (Detail# ST-32). APPLICANT'S RESPONSE: ______________________ _ 4. Show on the final building plans 7 compactor roll-off bin location(s), designed according to adopted City standards (Detail # ST-30 and ST-31). Please contact staff for additional information on compactor requirements and placement. APPLICANT'S RESPONSE: _______________________ _ 5. Facilities that require infectious waste services shall obtain approval for separate infectious waste storage areas from the Kern County Health Department. In no instances shall the refuse bin area be used for infectious waste containment purposes. APPLICANT'S RESPONSE: ______________________ _ PDR 22-0320 Page I 18 of 18 6. Facilities that require grease containment must provide a storage location that is separate from the refuse bin location. This shall be shown on the final building plans. If a grease interceptor is to be used instead of a grease containment bin, the plans must still show the location of an adequately sized enclosure should a grease containment bin be required at a future date. The grease containment bin shall not share the same enclosure as the refuse/recyclable/organic bin enclosure. APPLICANT'S RESPONSE: ______________________ _ 9. Facilities with existing refuse service must improve the service location area(s) according to adopted City standards (Detail # ST-27 and ST-28). These improvements shall be clearly shown on the final building plans. APPLICANT'S RESPONSE:. ______________________ _ 10. If utilities are incorporated into the enclosure design, they shall not interfere with space provided for refuse bins and must provide sufficient protection measures to guard the utilities from damage. APPLICANT'S RESPONSE:. ______________________ _ 11. Enclosures shall not be located in an area that would cause refuse trucks to interfere with drive thru traffic flow entering or exiting the site, drive thru lanes, etc. APPLICANT'S RESPONSE:. ______________________ _ 12. 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. APPLICANT'S RESPONSE:. ______________________ _ 13. Revise the site plan to make the trash enclosure accessible to the refuse truck. City trucks may not drive down dead end corridors, nor back-up long distances; therefore, a turn-around area shall be provided. APPLICANT'S RESPONSE: ______________________ _ PLANNED DEVELOPMENT REVIEW 22-0320 CITY OF BAKERSFIELD ; II ; R-1 GILL AVE R-1 -1 R-2 J 11G i I ·::· ~------- ~ COLUMBUS ST :1: "li;::I " a: = a: ,. t;;; R-3 t--------, C-1 R-2 C-2 C-2 C-2 R-3 C-2/P.C.D. ··-i "iollO , ,~~\~t ! ! P.C.D. C-2 BINGHAM h ~f '( I ~---··-··--··-··-l._,,, _______ c;.JIY_ .... i -i:-~ .... COUNTYi OH AMO WAY :;:c : z I 0 • z • ~ 1·-··-··-··-··-··· ,_. ~1 C-2 ~ t; R-1 R-1 R-3 C-2 C-2 ~ J ~~ .. .. -~n( ff ·1 ... ~ ~ ~ ::C C ..., - ~ -;t .... a: R-1 \ '---' 3: IOANOKECT P.C.D. R-1 R-1 P.C.D. P.C.D. R-1 IIEMONPAU OS IEOLANDI 01 R-1 R-1 R-1 R-1 R-1 R-1 COLUMBUS ST R-4 P.C.D. BERNARD ST R-3/P.U.D. C-2/P.C.D. C-2 C-2 P.C.D. "i_ J: y .. 0: _ ~AY a; t; ~ ~ ~ ~ P.U.D. ::j ;a: ::i; ::i; SPINNAKER ~ .... i:i: ~u ~t N ~ 1··-·---··-··-··-•••-••-••-~•-••-■■-••" ,-, ,--,... I .J.......-o-: BERNARD ST BERNARD ST : ~:;;; .. -■■-••-··-··-··-··-~~! C PICO AVE ' I i i i : ,~ ~~!$ ;:;I~ R-1 HERITAGE PAIK R-3 C-0 R-1-CH R-3 R-3 R-3 R-1 R-1 r··-··-··-··-••.---------------------! i COIRIENTEI IT MANLEY CT R-1 r ou CT I J ' ~ ti R-1 (~) /fiiilsc1'1 "4 ~a ~'b ~~ ..,# ~~ ~~ ~.,_ ~ ~-+-" 1-q,. 1-. ..,~ ... ~ .. ~ '7~ KAYOMING WAY 6./' LEGEND (ZONE DISTRICTS) 1-1 One Family Dwelling 6,000 sq.h. min lot size R-1-4.S One Family Dwelling 4,SOO sq.h. min lot size f Estate 10,000 sq.h. min lot size R-S Residential Suburban 24,000 sq.h./dwelling unit R-S~ ) Residential Suburban 1, 2.S, Sor 10 min lot size co -~ ..c ..c >< UJ R-2 limited Multiple Family Dwelling 4,SOO sq.It. min lot size (single family) 6,000 sq.h. min lot size (multifamily) 2,SOO sq.h. lot oreo/dwelling unit R-3 Multiple Family Dwelling 6,000 sq.It. min lot size 1,250 sq.ft. lot areo/dwelling unit R-4 High Density Multiple Family Dwelling 6,000 sq.h. min lot size 600 sq.ft. lot area/dwelling unit 1-H lesidentiol Holding 20 oue min lot size A Agriculture 6,000 sq.h. min lot size A-20A Agriculture 20 ocre min lot size PUD Planned Unit Dmlopment TT Travel Trailer Pork MH Mobilehome C-0 Professional ond Administrative Office C-1 Neighborhood Commercial C-2 Regional Commercial C-C Commercial Center C-8 Centrol lusinm PCD Planned Commercial Development M-1 light Manufacturing M-2 General Monufocturing M-3 Heovy Industrial P Automobile Porking IE Recreation Ch Church Overlay OS Open Spoce HOSP Hospital Overlay AD Architectural Design Overlay FP-P Floodplain Primary FP-S Floodplain Secondary AA Airport Approo,h DI Drilling Island PE Petroleum Extraction Combining SC Senior Citizen Overlay HD Hillside Development Combining WM-West Ming Specific Pion I:, BAKERSFIELD 0 t Feet 300 BaseEditor_PIV 600 ---- -------------------------------------------------------------CALIFORNIA STATE ROUTE 178 --__,------------zFREEWAY __ _ _ _____ _ PYLON #2 ADJACENT PROPERTY: --·· . . . . ~,-,-1 -----,..,.,,,.,. ZONED: C-2/P.C.D --.. -." . ~ C 1 r ~ ~ LANDUSE,MC --FREEWAY --PYLON#1 --~TfNf->;C\, -c. •--... -==:,,::---~=~ -:-t:--_-.,..-.. I I r---~-""'-... _ ~ , DMONUMENT SIGN / ADJACENT PROPERTY. / ZONED: P.C.D ET PYLON LAND USE: MC SIGN #2 '\ ,0 MONUMENT ~ IUMENT ------SIGN -------~ALLVIEW_RD_~---SIGN ~~' PAO MONUMENT PAD MONUMENT '\ /t .. i\. ---~ EX. CROSSWALK ADJACENT PROPERTY: "" \?--$1_2 TOAEMAIN ZONED: P.C,0 "'-'\.0-'- LEGEND n CLEANAIRVEHICLESTALL ~ iC~~~~~:eE ;::LY: I~ ~EE~~~EE'b~~;g -CART COAAAi.. ID TRASH ENCLOSURE, TYP, ---VISIBILITY CORRIDOR • B!CYCLE RACK '" BICYCLE LOCKER ... --{E) UNDERL YINO PARCEL LINES BICKEL GROUP ARCHITECTURE DICKEL OROUP INCORPORATED 3600 BIRCH STREF.T, SUITE 120 NEWPORT BEACH, CA. 92600 P,949,157,04111' 049.751.0511 www.bJckelgrp.eom LAND USE: MC '"''~ NOTE -ALL EXISTINO ORIVEWA Y LOCATIONS ALONG MALL VIEW ROAD TO REMAIN, -All PEDESTRIAN CAOSSl:-.!CS SHALL BE DELINEATED WITH DIFFERENT" MATERIALS -PARKING LOT MATERlAL. NC PAVING !al_T!; INFQ_RMATION TOTAL AREA z1,586,789 SF { 36.40 AC J TOTAL BUILDING AREA z,346,233 SF (NOT INC. UTILITY SPACES) PARK1N9.JNEQ.8MAJION PARKING REQUIREMENTS FOR SHOPPING CENTERS 1(200 SF FOR FIRST 35,000 SF 11250 SFFOAADD'LAREA FOR FOOD 1ll5 SF FOR OFFICE 11250 SF PARKING INFORMATION (CONT.) TOTAL CLEAN AA VEHICLE STALLS PROVIDED 209 (12% OF TOTAL STALLS) TOTAL FUTURE-READY ELECTRIC VEHICLE. STAU.S PROVIDED 174 (10%01'!" TOTAL STALLS) TOTAL SHORT-TEAM OICYCLE PARKING PROVlDEO: 79 RACKS !5% OF VISITOR STALLS") TOTAL LON3-TERI-.A BCYCLE PARKING PROVIDED: 9 LOCKERS (5% OF TENANT TOTAL STALLS') •ASSUME 90% OF STALLS ARE VISfTOA STALLS, AND 10% OF STALLS ARE TENANT STALLS CITY LIGHTS Exhibit C 3000 MALL VIEW ROAD BAKERSFIELD, CALIFORNIA BUILDING MAJOR1 MAJOR 2 M4JOR3 r,,.{AJOR4 MAJORS MAJORS MAJOR 7 MAJOR fl MAJOA9 MAJOR 10 MAJOR 11 MAJOR 12 MAJOR 13 ~MJOR14 FACILTT'Y BLDG PAD1 PAD2 PAD4 PADS PAD7 PADS PA09 PA010 TRANSff CREDIT T. jfCf..°"k. 2!11 £. I' , ,~, 'It ~ . ,-..... ~~ -------STOP ~ (i, ~ PARKING CALCULATIONS USE so. PARKING PARKING1PARKING FTG. RATIO REQ'D CREDIT RETAIL 45.600 SF 1/200 OF 35,000 218 SPACES 1/2500F10,600 RETAIi.. 15,000SF 1/250 605PACES RETAIL 24,670SF 1/250 99SPACES RETAIL 21,300SF 11250 85 SPACES RETAIL 9,800SF 1/250 39 SPACES RETAIL 7,700SF 11250 31 SPACES RETAIi.. 54,900!'.iF 1(.150 220 SPACE.SI RETAIL 26.100SF 1/250 104SPACES RET?.11. 14,000SF 1/250 56SPACES RETAIL 50.400 SF 1/250 202 SPACES RETAIL 6,000SF 1,'250 24 SPACES RETAIL 4,000SF 1/250 16 SPACES RETAIL 4,BOOSF 1/250 19 SPACES RETAJL 4.SOOSF 1/250 19 SPACES OFFICE 500SF 11250 2 SPACES 60~REl'AL 8400 SF 1/250 34SPACES 40% RESTAURANT €0%RETAL 8.400SF ;,1250 34SPACES 40%RESTAURANT RESTAURANT 4,096SF 1(15 67 SPACES 4SPAC§_:_'l AESTAURAN1" 6,000SF 1(15 BO SPACES 4 SPACES RESTAURANT' 7,500SF 1(15 100SPACES 4 SPACES RESTAURANT 6000SF 1(15 SO SPACES 4 SPACES RESTAUAANT 4,000SF 1n5 53 SPACES 4 SPACES RESTAURANT 3.B67SF 1(15 52SPACES 4 SPACES H.ESfAUAANT :t500 SF 1(15 47 SPACES RESTAURANT 4.000 SF 1[/5 63SPACES ,031,s~~LTL~TAL ! ----·1-~~~Jes TOTAL STALLS REQUIRED 1,593 SPACES TOTAL STALLS PROVIDED 1,734 SPACES SITE PLAN Scale: 1" = 60' December 23. 2022 Page 1 of 2 RESOLUTION NO. _____ RESOLUTION OF THE PLANNING COMMISSION ACCEPTING THE PLANNING DIRECTOR’S REPORT TO ALLOW MINOR MODIFICATIONS TO APPROVED PLANNED DEVELOPMENT REVIEW FILE NO. 22-0320 ON 36.40 ACRES IN A C-2/PCD (REGIONAL COMMERCIAL/PLANNED COMMERCIAL DEVELOPMENT) ZONE DISTRICT LOCATED AT 3000 MALL VIEW ROAD, APPROXIMATELY ONE-THIRD MILE WEST OF OSWELL STREET. (PDR NO. 24-0356) WHEREAS, McIntosh & Associates (applicant) on behalf of 1240 Palmetto, LLC, et. al. (property owner) filed an application with the City of Bakersfield Development Services Department requesting approval to allow minor modifications to building footprints, parking lot layout, and reducing the overall site square footage from 346,233 square feet to 339,393 square feet on 36.40 acres in a C-2/PCD (Regional Commercial/Planned Commercial Development) zone district located at 3000 Mall View Road, approximately one-third mile west of Oswell Street (the “Project”); 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 August 16, 2017, in conjunction with Zone Change17-0047, in accordance with California Environmental Quality Act (CEQA); and WHEREAS, the Secretary of the Planning Commission did set Thursday, September 5, 2024, at 5:30 p.m. in the Council Chambers, City Hall South, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for consideration of the Planning Director’s report; 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 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, at said meeting held September 5, 2024, the Planning Director’s report was duly considered, and the Planning Commission found as follows: 1. The proposal is not subject to a public hearing. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. Pursuant to State CEQA Guidelines Section 15162, this request complies with the requirements of CEQA because the project has only technical changes or minor additions that are necessary as described within said Sections. 4. The proposed modifications to the approved development plan do not deviate from the intent and purpose of the C-2/PCD zone district. Page 2 of 2 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 modifications to the approved development plan are consistent with the General Plan and objectives of Title 17 of the Bakersfield Municipal Code. 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 17-0047. 3. The Planning Commission accepts the Planning Director’s Report. 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 5th day of September 2024, on a motion by Commissioner _______, seconded by Commissioner ________ the following vote: AYES: NOES: ABSENT: APPROVED ____________________________________ DANIEL CATER, CHAIR City of Bakersfield Planning Commission Exhibits: A. Conditions of Approval B. Location Map C. Site Plan TW /S:\04_Current Planning\04_Planning Director's Report\01_Active\24-0356_3000 Mall View Rd_City Lights\01_PD Hearing\Final Prep\5_PDR 24-0356_Resolution.docx TW/S:04_Current Planning/05_PUD & PCD/01_Active/24-0356_3000 Mall View Road_City Lights EXHIBIT A CONDITIONS OF APPROVAL PLANNED DEVELOPMENT REVIEW No. 24-0356 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 24-0356 Page | 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 Revised Planned Development Review allows minor changes reducing the overall site square footage from 346,233 square feet to 339,393 square feet and minor adjustments to the proposed commercial center. III. 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. As part of the building permit submittal, identify the location of your response by using the APPLICANT’S RESPONSE line provided directly below the item (example: sheet number, detail, etc.). A. DEVELOPMENT SERVICES - BUILDING (1715 Chester Avenue) (Staff contact – Shannon Clark; 661-326-3607 or sclark@bakersfieldcity.us) 1. At this time, no applicable conditions for the proposed project. Conditions may be added if the project changes. B. DEVELOPMENT SERVICES - PLANNING (1715 Chester Avenue) (Staff contact – Taniya Wright; 661-326-3616 or Twright@bakersfieldcity.us) 1. Prior to the issuance of building permits, the developer shall comply with all conditions listed in the previously approved Planned Development Review 22-0320. 2. The developer shall submit plans to the Planning Director for review and approval for the installation of an 8-foot-tall fence between Major 12 and Major 13. The plans must be submitted and approved before the issuance of a building permit. To prevent public nuisance and ensure public safety. 3. Prior to building permit issuance, the exterior building façade for Major 13 shall comply with Bakersfield Municipal Code Chapter 17.08.140.C.1. 4. The developer shall submit a copy of the landscape plan to the Planning Director for approval prior to the issuance of the building permit. The landscape plan shall meet the requirements in Bakersfield Municipal Code Chapter 17.61. PDR 24-0356 Page | 3 of 4 C. 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 protec�on is required to be installed, such protec�on shall be installed and made serviceable prior to and during the �me of construc�on. 2. Prior to issuing the 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. 3. Prior to issuing the building permit – 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 loca�ons on the plan. 4. Prior to issuing the building permit - the Developer shall submit two (2) sets of u�lity plans signed by a California Registered Civil Engineer to the Water Resources Department showing connec�ons to underground fire waterlines, including fire service and nearby fire hydrant loca�ons or off-site hydrants on the plans for approval 5. Prior to issuing the building permit - All projects must comply with the current California Fire Codes and current City of Bakersfield Municipal Code and noted on the plan. D. 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. E. PUBLIC WORKS - ENGINEERING (1501 Truxtun Avenue) (Staff contact – Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us) 1. At this time, no applicable conditions for the proposed project. Conditions may be added if the project changes. F. PUBLIC WORKS - SOLID WASTE (4101 Truxtun Avenue) (Staff Contact – Richard Gutierrez; 661-326-3134 or rmgutierrez@bakersfieldcity.us) 1. Prior to building permit issuance for each pad, plans shall be submitted to Solid Waste to meet the department’s refuse requirements. PDR 24-0356 Page | 4 of 4 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 Exhibit BPlanning Director Review 24-0356 CITY OF BAKERSFIELD Vl a:: a:: 0 J: < e B C-2 LJ.J > < z 0 z 0::: LJ.J > 1- 178 EOFF TO ::iE MT VERNON RAMP C-2 R-1 ERIC WAY ~; ;; C-1 R-3 C-2 P.C.D. Heritage R l Christian School C-0 R-3 GILL AVE I- Ila Ii 1 R-1 T""i ~ J: NOBLE AVE u I-Vl LJ.J ~ R-1 0::: R-3 COLUMBUS ST P.C.D. R-1 R-3 P.C.D. R-3 R-1 T""i T""i OS ~ ~ REDLANDS DR R-1 R-1 T""i T""i R-1 ~ ~ R-1 R-1 R-4 P.C.D. C-2 178 E OFF TO OSWELL RAMP C-2/P.C.D. C-2 MX-1 R-1 Harding I Elementary R l School LEGEND (ZONE DISTRICTS) R-1 One Family Dwelling 6,000 sq.ft. min lot size R-1-4.5 One Family Dwelling 4,500 sq.ft. min lot size E Estate 10,000 sq.ft. min lot size R-S Residential Suburban 24,000 sq.ft/dwelling unit R-S-( } Residential Suburban l, 2.5, 5 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-3 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 acre min lot size A Agriculture 6,000 sq.ft. min lot size A-20A Agriculture 20 acre min lot size PUD Planned Unit Development TT Travel Trailer Pork MH Mobilehome (-0 Professional and Administrative Office (-1 Neighborhood Commercial (-2 Regional Commercial (-( Commercial Center C-B 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 Primary FP-S Floodplain Secondary AA Airport Approach DI Drilling Island PE Petroleum Extraction Combining SC Senior Citizen Overlay HD Hillside Development Combining WM-West Ming Specific Pion ~ BAKERSFIELD t Feet 0 500 1,000 MAP PACKAGEi 3000 MALL VIEW ROAD BAKERSFIELD, CALIFORNIA SITE PLAN Scale: 1" = 60' P:\21\21A302 - City Lights CDs\Design\Site\x21A302- Site Plan.dwg B I C K E L G R O U P A R C H I T E C T U R E B I C K E L G R O U P I N C O R P O R A T E D3 6 0 0 B I R C H S T R E E T , S U I T E 1 2 0N E W P O R T B E A C H , C A 9 2 6 6 0P : 9 4 9 . 7 5 7 . 0 4 1 1 F : 9 4 9 . 7 5 7 . 0 5 1 1w w w . b i c k e l g r p . c o m SITE INFORMATION TOTAL AREA: ±1,586,789 SF ( 36.40 AC )TOTAL BUILDING AREA: ±339,393 SF (NOT INC. UTILITY SPACES) PARKING INFORMATION PARKING REQUIREMENTS:FOR SHOPPING CENTERS: 1/200 SF FOR FIRST 35,000 SF1/250 SF FOR ADD'L AREAFOR FOOD: 1/75 SFFOR OFFICE: 1/250 SF LEGEND ELECTRIC VEHICLE CHARGING STATIONS EV CAPABLE CART CORRAL TRASH ENCLOSURE, TYP. VISIBILITY CORRIDOR BICYCLE RACK BICYCLE LOCKER NOTE - ALL EXISTING DRIVEWAY LOCATIONSALONG MALL VIEW ROADTO REMAIN. - ALL PEDESTRIAN CROSSINGS SHALL BEDELINEATEDWITH DIFFERENT MATERIALS -PARKING LOT MATERIAL: A/C PAVING May 28, 2024 PARKING INFORMATION (CONT.) TOTAL EV CAPABLE STALLS PROVIDED (INCLUDES EVCS): 336 STALLS (20% OF TOTAL STALLS PER CGBC 2022 CH 5.106.3.1), OR210 STALLS (EXCLUDING 126 EVCS STALLS)TOTAL EVCS (ELECTRIC VEHICLE CHARGING STATIONS) PROVIDED: 126 STALLS, INCLUDING:24 LEVEL 3 SUPERCHARGERS (EQUIVALENT TO 120 EVCS STALLS), AND 6 LEVEL 2 CHARGERSTOTAL SHORT-TERM BICYCLE PARKING PROVIDED: 76 RACKS (5% OF VISITOR STALLS* PER CGBC 2022 CH 5.106.4.1)TOTAL LONG-TERM BICYCLE PARKING PROVIDED: 9 LOCKERS (5% OF TENANT TOTAL STALLS* PER CGBC 2022 CH 5.106.4.1) *ASSUME 90% OF STALLS ARE VISITOR STALLS , AND 10% OF STALLS ARE TENANT STALLS PARKING CALCULATIONS BUILDING USE SQ. FTG. PARKING RATIO PARKING REQ'D PARKING CREDIT MAJOR 1 RETAIL 23,256 SF 1/200 OF 23,256 116 SPACES MAJOR 2 RETAIL 13,500 SF 1/200 OF 11,74 66 SPACES MAJOR 3 RETAIL 22,000 SF 1/250 88 SPACES MAJOR 4 RETAIL 23,000 SF 1/250 92 SPACES MAJOR 5 RETAIL 10,000 SF 1/250 40 SPACES MAJOR 6 RETAIL 10,010 SF 1/250 40 SPACES MAJOR 7 RETAIL 38,868 SF 1/250 155 SPACES MAJOR 8 RETAIL 26,100 SF 1/250 104 SPACES MAJOR 9 RETAIL 4,000 SF 1/250 16 SPACES MAJOR 10 RETAIL 8,000 SF 1/250 32 SPACES MAJOR 11 RETAIL 9,504 SF 1/250 38 SPACES MAJOR 12 RETAIL 18,000 SF 1/250 72 SPACES MAJOR 13 RETAIL 55,000 SF 1/250 220 SPACES MAJOR 14 RETAIL 6,000 SF 1/250 24 SPACES MAJOR 15 RETAIL 4,000 SF 1/250 16 SPACES MAJOR 16 RETAIL 4,800 SF 1/250 19 SPACES MAJOR 17 RETAIL 6,800 SF 1/250 27 SPACES FACILITYBLDG OFFICE 500 SF 1/250 2 SPACES PAD 1 60% RETAIL 40% RESTAURANT 8,400 SF 1/2501/75 65 SPACES PAD 2 60% RETAIL 40% RESTAURANT 7,200 SF 1/2501/75 55 SPACES PAD 3 RESTAURANT 5,588 SF 1/75 75 SPACES 4 SPACES PAD 4 RESTAURANT 6,000 SF 1/75 80 SPACES 4 SPACES PAD 5 RESTAURANT 7,500 SF 1/75 100 SPACES 4 SPACES PAD 6 RESTAURANT 6,000 SF 1/75 80 SPACES 4 SPACES PAD 7 RESTAURANT 4,000 SF 1/75 53 SPACES 4 SPACES PAD 8 RESTAURANT 3,867 SF 1/75 52 SPACES 4 SPACES PAD 9 RESTAURANT 3,500 SF 1/75 47 SPACES PAD 10 RESTAURANT 4,000 SF 1/75 53 SPACES TRANSITCREDIT 10% OF TOTALSTALLS 185 SPACES TOTAL STALLS REQUIRED:1,622 SPACESTOTAL STALLS PROVIDED:1,675 SPACES NORTHADJACENT PROPERTY: ZONED: P.C.D LAND USE: MC ADJACENT PROPERTY: ZONED: P.C.D LAND USE: MC ADJACENT PROPERTY: ZONED: C-2/P.C.D LAND USE: MC ADJACENT PROPERTY: ZONED: C-2/P.C.D LAND USE: GC Exhibit C ----------------------------------------------------------------------- -------- -------- -------- S,ON ' " CON "" ONUMENT ~ t--1A_LL_V_IE_W_RD,,_ __ \---ccc: ---------1,<t L pAQ M~MENT "' ". ~ ~<~">-' \~~ CITY LIGHTS 1>-"" HAFIGING '""" BUS~ -- SAS, CENTERI.D. ~~ENi PYLON SIGN :,;: SIGN ---------- --........ __ --____ "::,._ ----M"" y __ .. ------·-··--.. -·--------