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HomeMy WebLinkAboutVTPM 12541 Staff Report PJ: CC/S:\05_Land Division\24-60000204_VTPM 12541_3000 Mall View Rd\01_Hearing & Noticing Documents\Drafts\VTPM 12541-Staff Report.docx CITY OF BAKERSFIELD PLANNING COMMISSION STAFF REPORT MEETING DATE: September 5, 2024 AGENDA CATEGORY: 6.a. TO: Chair Cater and Members of the Planning Commission FROM: Paul Johnson, Planning Director DATE: August 30, 2024 FILE: Vesting Tentative Parcel Map 12541 STAFF PLANNER: Courtney Camps, Associate Planner REQUEST: A proposed vesting tentative parcel map for commercial purposes containing 11 parcels on 36.40 acres zoned C-2/PCD (Regional Commercial/Planned Commercial Development), including a request to waive mineral rights signatures pursuant to BMC 16.20.060 A.1. (Ward 3) APPLICANT: OWNER: McIntosh & Associates ZDI East Hills, LLC P.O. Box 21687 16509 Saticoy Street Bakersfield, CA 93390 Van Nuys, CA 91406 LOCATION: APN: Located between State Route 178 & Mall View Road 130-161-42, -46, -59, and -60 and between S. Mt. Vernon Avenue & Oswell Street PROJECT SIZE: CEQA: 36.40 acres Section 15162 (Previous MND) STAFF RECOMMENDATION: Staff recommends approval. BACKGROUND AND TIMELINE: • August 16, 2017 - City Council approved Zone Change No. 17-0047 and adopted a Mitigated Negative Declaration to change the zone classification from PCD (Planned Commercial Development) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 36.41 acres (Ordinance 4916). ~ BAKERSFIELD TI-E SOOIO OF~ &I,, 24-60000204_VTPM 12541 • November 1, 2018 - The Planning Commission approved Planned Development Review No. 18-0375 to develop the site with a maximum 358,295 square foot mixed-use shopping center (Resolution No. 96-18). • January 19, 2023 - The Planning Commission approved Planned Development Review No. 22-0320 to allow an approximate 346,500 square foot retail/commercial center (Resolution No. 07-23). • June 3, 2024 - Application submitted for a Director’s Review under Planned Development Review No. 24-0356 to consider minor revisions to Planned Development Review No. 22-0320, including reducing the square footage from 346,500 to 339,393 square feet and making minor adjustments to the layout so development aligns with the proposed Vesting Tentative Parcel Map No. 12541. • July 9, 2024 - The application for Vesting Tentative Parcel Map No. 12541 was deemed complete. PROJECT ANALYSIS: As proposed, Vesting Tentative Parcel Map No. 12541 consists of 11 parcels ranging in size from 30,430 square feet to 23.95 acres on a total of 36.40 acres. Approval of the subdivision will facilitate the development of a commercial retail shopping center referred to as City Lights (previously East Hills Mall). Additional information on the actual development is provided in the approval documents for Planned Development Review No. 22-0320 and with the minor revision proposed in Planned Development Review No. 24-0356. It is relevant to note the latter request is being considered by your Commission on September 5, 2024. Consistency/Deviation from Design Standards. The applicant is not requesting any deviations from subdivision or engineering standards. Circulation. Access to this subdivision would be from Mall View Road (private street) on the subdivision's south boundary. Mineral Rights. The applicant is requesting the Planning Commission approve waiver of mineral rights signatures on the final map pursuant to Bakersfield Municipal Code (BMC) Section 16.20.060.A.1. as the party’s right of surface entry has been waived by recorded document prior to recordation of any final map. Staff has received evidence of surface waiver; therefore, the final map shall have a statement indicating the mineral owner’s name and nature of his or her interest. Nonetheless, should ownership change, staff is recommending a condition of approval requiring that prior to recordation of the first final map, the subdivider shall provide evidence verifying surface waiver from mineral interests otherwise the subdivider must return for a public hearing for a revised tentative map before the Planning Commission in accordance with BMC Section 16.20.060 (Condition 18). California Department of Conservation’s Division of Geologic Energy Management (“CalGEM”) submitted a letter stating their records indicate no known wells on the property and no known active operators of record. If a well is uncovered, the subdivider must consult with CalGEM regarding proper abandonment of the well, in accordance with the municipal code (Condition 19). 24-60000204_VTPM 12541 ENVIRONMENTAL REVIEW AND DETERMINATION: Pursuant to the California Environmental Quality Act (“CEQA”), an initial study was prepared for this site under Zone Change No. 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 are incorporated into the resolution should this project be approved. PUBLIC NOTIFICATION: Public notice for the proposed project and environmental determination was advertised in The Bakersfield Californian and posted on the bulletin board in the City of Bakersfield Development Services Building, 1715 Chester Avenue, Bakersfield, California. All property owners within 300 feet of the project site were notified by United States Postal Service mail regarding this public hearing in accordance with city ordinance and state law. Signs are required as part of the public notification process and must be posted between 20 to 60 days before the public hearing date. Photographs of the posted signage and the Declaration of Posting Public Hearing Notice signed by the applicant are on file at the Planning Division. Comments Received. As of this writing, no written public comments have been received. COMPATIBILITY ANALYSIS: The project site is depicted as MC (Major Commercial) on the Land Use Element of the Metropolitan Bakersfield General Plan. The C-2/PCD (Regional Commercial/Planned Commercial Development) zone is consistent with the Metropolitan Bakersfield General Plan and existing land uses. CONCLUSIONS: Consistency with General Plan and Zoning Ordinance. The proposal is consistent with land use goals and policies as contained in the General Plan, which provides for accommodations of new development which channels land uses in a phased, orderly manner and is coordinated with the provision of infrastructure and public improvements (Goal No. 4); and encourages continuity of existing development and allows incremental expansion of infrastructure (Policy No. 79). Additionally, the proposed project is consistent with the Zoning Ordinance and any future development onsite will be required to comply with all applicable regulations and design standards as identified in the Zoning Ordinance. Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the proposal is compatible with the existing land use designation and land uses in the surrounding area. Staff finds the proposed subdivision is reasonable and the request to waive mineral rights is consistent with BMC Section 16.20.060.A.1. Based on information in the record, Staff recommends your Commission adopt the Resolution and findings approving Vesting Tentative Parcel Map No. 12541 as outlined in this staff report subject to the recommended conditions. 24-60000204_VTPM 12541 ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • Tentative Parcel Map 12541 Planning Commission Draft Resolution Page 1 of 3 ATTACHMENT A DRAFT RESOLUTION NO. ________ RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE VESTING TENTATIVE PARCEL MAP 12541 LOCATED BETWEEN STATE ROUTE 178 AND MALL VIEW ROAD, APPROXIMATELY 1/3 MILE WEST OF OSWELL STREET. WHEREAS, McIntosh & Associates representing ZDI East Hills, LLC, filed an application with the City of Bakersfield Planning Department requesting a Vesting Tentative Parcel Map 12541 (the “Project”), consisting of 11 parcels on 36.40 acres for commercial development, as shown on attached Exhibit “B”, located between State Route 178 and Mall View Road, approximately 1/3 mile west of Oswell Street as shown on attached Exhibit “C”; and WHEREAS, the application was deemed complete on July 9, 2024; 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 of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the Project, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and WHEREAS, the facts presented in the staff report, environmental review, and special studies (if any), and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: 1. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing. 2. Staff determined that the proposed activity is a project and an Page 2 of 3 initial study was prepared for the original project Zone Change 17-0047 of the subject property and a Mitigated Negative Declaration was adopted on August 16, 2017, by the City Council for the original project, and duly noticed for public review. 3. Said Mitigated Negative Declaration for the Project is the appropriate environmental document to accompany approval of the Project. In accordance with State CEQA Guidelines Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken, and no new environmental impacts have been identified. The Project will not significantly impact the physical environment because mitigation measures relating to Zone Change 17-0047 have been incorporated into the Project. 4. Urban services are available for the proposed development. The Project is within an area to be served by all necessary utilities and waste disposal systems. Improvements proposed as part of the Project will deliver utilities to the individual lots or parcels to be created. 5. The application, together with the provisions for its design and improvement, is consistent with the Metropolitan Bakersfield General Plan. (Subdivision Map Act Section 66473.5) The proposed density and intensity of development are consistent with the MC (Major Commercial) land use classification on the property. Proposed road improvements are consistent with the Circulation Element. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the General Plan. 6. Mineral right owners' signatures may be waived on the final map pursuant to Bakersfield Municipal Code Section 16.20.060 A.1. The applicant has provided evidence with the Project application that it is appropriate to waive mineral right owners’ signatures because in accordance with BMC Section 16.20.060 A.1., the party’s right of surface entry has been by recorded document prior to recordation of any final map. 7. The conditions of approval are necessary for orderly development and to provide for the public health, welfare, and safety. Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Bakersfield as follows: 1. The recitals above are true and correct and incorporated herein by this reference. 2. This map pertains to the Mitigated Negative Declaration previously approved in conjunction with Zone Change 17-0047. 3. Vesting Tentative Parcel Map 12541, is hereby approved with conditions of approval and mitigation measures shown on Exhibit "A". I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on September 5, 2024, on a motion by Commissioner _____and seconded by Commissioner ______, by the following vote. AYES: NOES: ABSENT: APPROVED DANIEL CATER, CHAIR City of Bakersfield Planning Commission Exhibits (attached): Exhibit A: Conditions of Approval Exhibit B: Location Map Exhibit C: Tentative Map CC\S: \05_Land Division\12541\01_Hearing & Noticing\Draft\Templates\12541_RESO.docx CC \s:\05_Land Division\12541\01_hearing and noticing documents\draft\8.15.24 Meeting\VTPM 12541_ExA Con.docx EXHIBIT “A” VESTING TENTATIVE PARCEL MAP 12541 CONDITIONS OF APPROVAL NOTE to Subdivider/Applicant: It is important that you review and comply with requirements and deadlines listed in the “FOR YOUR INFORMATION” packet that is provided separately. This packet contains existing ordinance requirements, policies, and departmental operating procedures as they may apply to this subdivision. PUBLIC WORKS 1. There was no letter submitted requesting deviations from standards. 2. Approval of this tentative map does not indicate approval of grading, drainage lines and appurtenant facilities shown, or any variations from ordinance, standard, and policy requirements which have neither been requested nor specifically approved. 3. Prior to grading plan review submit the following for review and approval: 3.1. A drainage study for the entire subdivision shall be submitted for review and approval by the City Engineer. Drainage from this project site including street frontage shall be kept on site. The proposed sump and all onsite storm drain within this development shall be privately maintained. A flowage and drainage easement shall be recorded prior to approval of the grading plans. 3.2. A sewer study to include the entire subdivision and showing what surrounding areas may be served by the main line extensions. Submit verification to the City Engineer of the existing sewer capability to accept the additional flows to be generated through the development. 3.3. If the parcel map is discharging storm water to a canal, a channel, or the Kern River: In order to meet the requirements of the City of Bakersfield’s NPDES permit, and to prevent the introduction of sediments from construction or from storm events to the waters of the US, all storm water systems that ultimately convey drainage to the river or a canal shall incorporate the use of both source control BMP’s and structural treatment control BMP’s. 4. The following conditions must be reflected in the design of the improvement plans: 4.1. Final plan check fees shall be submitted with the first plan check submission. 4.2. Per Resolution 108-2023 the area within the Parcel Map shall implement and comply with the “complete streets” policy. Complete streets will require pedestrian and bicycle access to the subdivision from existing sidewalks and bike lanes. If there is a gap less than ¼ mile then construction of asphalt sidewalks and bike lanes to the subdivision will be required. 4.3. In addition to other paving requirements, on and off-site road improvements may be required from any collector or arterial street to provide left turn channelization into each street (or access point) within the subdivision (or development), where warranted and as directed by the City Engineer. Said Exhibit “A” VTPM 12541 Page 2 of 12 CC \s:\05_Land Division\12541\01_hearing and noticing documents\draft\8.15.24 Meeting\VTPM 12541_ExA Con.docx channelization shall be developed to provide necessary transitions and deceleration lanes to meet the current CalTrans standards for the design speed of the roadway in question. 4.4. Off-site pavement and striping construction will be required to transition from the proposed/ultimate on-site improvements to the existing conditions at the time construction commences. Transitions must be designed in accordance with City Standards and/or the Caltrans Highway Design Manual. If existing conditions change during the period of time between street improvement plan approval and construction commencement, the street improvement plans must be revised and approved by the City Engineer. 5. Final plan check fees for the Final Map shall be submitted with the first plan check submission. 6. There was no phasing proposed with this Tentative Map. The following conditions are based upon the premise that filing of Final Maps will occur in one phase. If recordation does not occur in that normal progression, then, prior to recordation of a final map, the City Engineer shall determine the extent of improvements to be constructed with that particular phase. 6.1. The following shall occur with Parcel Map 12541, prior to the recording of the final map. 6.1.1. Construct continuous sidewalk along Mall View Rd, from the western driveway (near Parcel 2) to the eastern property boundary. 6.1.2. Reconstruct or repair any existing substandard curb, gutter, sidewalk, or accessible ramp that front the site, to adopted city standards as directed by the City Engineer. Schedule an inspection with the Construction Superintendent to find out what improvements will be required; any frontage improvements or repairs required during the site inspection shall be completed. 6.1.3. A minimum of 120 feet of right-of-way shall be dedicated from the centerline of SR 178 along the entire Parcel Maps northern boundary, if not already existing. (Condition from Caltrans letter dated 7/31/24). 6.2. The subdivider is responsible for verifying that existing streets within the boundary of the parcel map are constructed to city standards and the developer must reconstruct or repair substandard existing off-site street improvements that front the project site to the adopted city standards as directed by the City Engineer. 6.3. Where streets do not have curb and gutter, construct a minimum section of 36 feet wide consisting of 2-12’ lanes, 2-4’ paved shoulders and 2 additional feet per side of either AC or other dust proof surface. If the number of phases or the boundaries of the phases are changed, the developer must submit to the City Engineer an exhibit showing the number and configuration of the proposed phases. The City Engineer will review the exhibit and determine the order and extent of improvements to be constructed with each new phase. The improvement plans may require revision to conform to the new conditions Exhibit “A” VTPM 12541 Page 3 of 12 CC \s:\05_Land Division\12541\01_hearing and noticing documents\draft\8.15.24 Meeting\VTPM 12541_ExA Con.docx 7. Prior to recordation of the Final Map, the subdivider shall 7.1. Submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map which will prohibit occupancy of any lot until all improvements have been completed by the subdivider and accepted by the City. 7.2. The subdivider shall submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map containing information with respect to the addition of this subdivision to the consolidated maintenance district. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents. 7.3. If it becomes necessary to obtain any off site right of way and if the subdivider is unable to obtain the required right of way, then he shall pay to the City the up- front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. 7.4. Submit for the City’s Review and approval C.C. & R.’s and Property Owner’s Association By-Laws for the use and maintenance of all non-dedicated, shared facilities. Among those non-dedicated, shared facilities will be the on-site sewer main lines and laterals and storm water retention basin(s), shared access, and associated storm drain lines and appurtenant facilities. 8. It is recommended that the on-site sewer system shall be inspected with video equipment designed for this purpose and as approved by the City Engineer. If the developer chooses to video the on-site sewer system, then the following procedure is recommended: The television camera shall have the capability of rotating 360°, in order to view and record the top and sides of the pipe, as required. The video inspection shall be witnessed by the subdivider’s engineer, who will also initial and date the “Chain of Custody” form. Any pipe locations revealed to be not in compliance with the plans and specifications shall be corrected. A recorded video cassette completed “Chain of Custody” form, and a written log (which includes the stationing, based on the stationing of the approved plans, of all connected laterals) of the inspection shall be provided for viewing and shall be approved by the subdivider’s engineer prior to acceptance. After the subdivider’s acceptance of the system, the video cassette, forms, and logs shall be submitted to the City Engineer. 9. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted fees in place for the land use type at time of development. 10. Install blue markers in the street at the fire hydrants per the Fire Department requirements. 11. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, Best Management Practices for Exhibit “A” VTPM 12541 Page 4 of 12 CC \s:\05_Land Division\12541\01_hearing and noticing documents\draft\8.15.24 Meeting\VTPM 12541_ExA Con.docx complying with the requirements of the Clean Water Act are required. 12. Prior to the recordation of the first final map within this project site, subdivider shall make written notification to the City Engineer of any public improvements required to be financed or constructed outside the boundaries of the tentative map(i.e., “offsite improvements”), as defined in BMC § 116.16.080(E), and the cost of such offsite improvements. The notice shall include an engineer’s estimate or other documentation as required by the City Engineer that outlines by line item the specific offsite improvements for purposes of verifying extension of time eligibility pursuant to Government Code Section 66452.6(a). The written notification and documentation are subject to approval by the City Engineer or his/her designee. FIRE SAFETY DIVISION 13. Pipeline Easements. 13.1 Concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show the easements on the final map with a notation that structures including accessory buildings, habitable portion of a structure, garage, deck/patio, swimming pools or unoccupied permanent structure, are prohibited within the setback and record a corresponding covenant. 13.2 Prior to or concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show on the final map that no habitable portion of a structure, garage, deck/patio, swimming pools or unoccupied permanent structure may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches of cover and record a corresponding covenant. 13.3 No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within 48 inches or more of cover. If a pipeline meets these criteria, the 40-foot setback line shall be shown in the final map and a corresponding covenant shall be recorded prior to or concurrently with recordation of any phase that is affected. 13.4 No habitable portion of a structure may be built within thirty (30) feet of a crude oil pipeline operating at twenty percent (20%) or greater of its design strength. 13.5 Prior to or concurrently with recordation of any phase within 250 feet of the pipeline easements, subdivider shall record a covenant disclosing the location of the pipelines on all lots of this subdivision within 250 feet of the pipelines. American Petroleum Institute Standards and Guidelines for property development 14. Fire Apparatus Access Roads and Hydrants 14.1 When fire protection, including fire apparatus access roads and water supplies for protection, is required to be installed, such shall be installed and made serviceable prior to any building permit issuance and throughout the time of construction. 14.2 Dead-End fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4 (California Fire Code) Exhibit “A” VTPM 12541 Page 5 of 12 CC \s:\05_Land Division\12541\01_hearing and noticing documents\draft\8.15.24 Meeting\VTPM 12541_ExA Con.docx Table D103.4 Requirments for Dead-End Fire Apparatus Access Roads Length (Feet) Width (Feet) Turnaround Required 0-150 20 None required 151-500 20 120-foot Hammerhead, 60-foot "Y" or 96-foot diameter cul-de-sac 501-750 26 120-foot Hammerhead, 60-foot "Y" or 96-foot diameter cul-de-sac Over 750 Special Approval Required 14.3 Fire Apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus weighing at least 75,000 pounds and shall be surfaced with the first lift of asphalt to provide all-weather driving capabilities. CITY ATTORNEY 15. 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. Exhibit “A” VTPM 12541 Page 6 of 12 CC \s:\05_Land Division\12541\01_hearing and noticing documents\draft\8.15.24 Meeting\VTPM 12541_ExA Con.docx PLANNING 16. This subdivision shall comply with all provisions of the Bakersfield Municipal Code, and applicable resolutions, policies and standards in effect at the time the application for the subdivision map was deemed complete per Government Code Section 66474.2. 17. Prior to recordation of each final map, subdivider shall submit a “will serve” or “water availability” letter or other documentation acceptable to the Planning Director from the water purveyor stating the purveyor will provide water service to the phase to be recorded. Required for orderly development and provide for the public health, welfare and safety by ensuring water service to the subdivision at the time of final map recordation because the water purveyor has included an expiration date in the initial “will serve” letter. 18. Mineral Rights: Prior to recordation of the first final map, the following shall apply: a. Subdivider shall submit written evidence that waiver(s) of surface entry has been obtained from 100% of the mineral right interest(s) for the entire area of this tract. Written evidence shall be submitted to the Planning Director in the form of a recorded document such as a grant deed or other instrument approved by the City Attorney. The proposed lots shown underlying the drill site shall be allowed to record subject all other conditions of approval of the tentative map. Required to verify compliance with BMC Section 16.20.060 A.1 and orderly development. 19. In the event a previously undocumented well is uncovered or discovered on the project site, the subdivider is responsible to contact the Department of Conservation’s Division of Geologic Energy Management (CalGEM). The subdivider is responsible for any remedial operations on the well required by CalGEM. Subdivider shall also be subject to provisions of BMC Section 15.66.080 (B.) Police power based on public health, welfare and safety. Exhibit “A” VTPM 12541 Page 7 of 12 CC \s:\05_Land Division\12541\01_hearing and noticing documents\draft\8.15.24 Meeting\VTPM 12541_ExA Con.docx MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION ZONE CHANGE 17-0047 Air Quality Impact Mitigation Measures 20. Comply with SJVAPCD Regulation VIII (dust control measures): • • • • • • • • • • 21. 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 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/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). 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 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). Exhibit “A” VTPM 12541 Page 8 of 12 CC \s:\05_Land Division\12541\01_hearing and noticing documents\draft\8.15.24 Meeting\VTPM 12541_ExA Con.docx • • 22. GAMAQI guidance document lists the following measures as approved and recommended for construction activities. • • • • • • 23. Reduction of long term emissions. • • • • 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). 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 for 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. All construction vehicles shall be equipped with proper emissions control equipment and kept in good and proper running order to substantially reduce NOx 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 0 3 alerts. First stage 03 alerts are declared when the 03 level exceeds 0.20 ppm (1-hour average). 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 and Indirect Source Rules for the SJVAPCD. The d eveloper shall comply with the provisions ofSJVAPCD Rule 4601 -Architectural Coatings, during the construction of all 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 of SJVA PCD 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 ofSJVAPCD Rule 9510 (Indirect Source Review). Exhibit “A” VTPM 12541 Page 9 of 12 CC \s:\05_Land Division\12541\01_hearing and noticing documents\draft\8.15.24 Meeting\VTPM 12541_ExA Con.docx 24. Measures applied in CalEEMod to the Proposed Project: • • • Biological Impact Mitigation Measures 25. NOTE: The Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) has expired. Subdivider shall comply with federal and state laws protecting 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. As a violation of the prohibition on unauthorized take can lead to civil and criminal penalties if unauthorized take occurs, property owners and developers shall take the necessary steps to ensure compliance with federal and state laws. 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 Improve Distance to Public Transit; The Project would have a bus stop on-site, promoting the use of public transportation 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, 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. 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. 3% 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. Exhibit “A” VTPM 12541 Page 10 of 12 CC \s:\05_Land Division\12541\01_hearing and noticing documents\draft\8.15.24 Meeting\VTPM 12541_ExA Con.docx 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. 26. 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. 27. 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. 28. 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 Exhibit “A” VTPM 12541 Page 11 of 12 CC \s:\05_Land Division\12541\01_hearing and noticing documents\draft\8.15.24 Meeting\VTPM 12541_ExA Con.docx 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.” 29. 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. 30. 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. 31. 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 Exhibit “A” VTPM 12541 Page 12 of 12 CC \s:\05_Land Division\12541\01_hearing and noticing documents\draft\8.15.24 Meeting\VTPM 12541_ExA Con.docx 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 32. 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. R-1R-4 R-3 P.C.D. P.C.D. P.C.D. P.C.D. C-O C-2/P.C.D. R-1 R-1 P.C.D.C-1 OS R-1 R-1 R-4 R-3/P.U.D. R-1 R-1 R-1P.C.D.R-1R-1 R-1 R-1 R-1 R-3 R-1R-1R-1C-1 R-4 R-1 C-1R-1R-1 R-1R-1 R-1R-1 C-2/P.C.D. R-1 R-1R-1R-1 R-1 R-1R-1 R-1 R-1 R-1C-2/P.C.D.C-2/P.C.D. C-2/P.C.D. C-1 C-2 C-1 P.C.D. R-1 C-2 R-3 R-1C-2 R-1 R-3 R-1 R-1R-1C-O P.C.D. C-2 C-2 C-1R-1R-1 P.U.D. R-2 R-1 R-1 R-1R-1 R-1 R-1 R-4 C-2 C-2 C-2 C-2 P.C.D. R-1 MX-1 MX-1 R-1 LEEWARDA VESPINNAKER LN REGATTA WAYWINDWARD LNCUTTERCT KETCHCTMIZZENMAST CTSLOOPCTYARDARMCTKEELCTBOWSPRIT CTHALLIARDLNSTARBOARDCT N E W M AR K E T WA Y MALL VIE W R D FASHIO N PL PURDUEDROS W E L L S T FAIRMOUNTSTINVERNESS CT KENW OO D RDDWIGHT STCHANNING STOJAI DR PICO AVE ADLER STB OI SES T REDLANDS DR RICE STLOYOLA STNOBLE AVE CLEO CTAU B U R N S TPASADENA STHARVARDDRGLENBROOK AVE PICOAVE BERN A RDS TDARWINAVE SANDYLNEDWARDSAVESTAUNTON CTERIC CT CLEMSON CT ROANOKE CT SHELLEYLNSAN PABLO AVE GILL AVE WENATCHEE AVEBERN A RDST BERNARD ST AUBURNSTCOLUMBUS ST COLUMBUSSTOSWELL ST178 7/22/2024 0 350 700 Feet _ R-1 One Family Dwelling 6,000 sq.ft. min lot sizeR-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 1, 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 Park MH Mobilehome C-O Professional and Administrative Office C-1 Neighborhood Commercial C-2 Regional Commercial C-C 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 Plan LEGEND (ZONE DISTRICTS)VTPM 12541 CITY OF BAKERSFIELD CITY COUNTY VTPM 12541 CITY COUNTY Exhibit B I I----:=..-=--=-===,-::=...=-=-==- ........--....1 !:I .......,. BAKERSFIELD - l Exhibit C VESTING TENTATIVE PARCEL MAP No. 12541 N 86'56•15• E BEING A MERGER AND RESUBDIVISION OF PARCELS 1 & 3 OF PARCEL MAP No. 8267 RECORDED APRIL 27, 1988 IN BOOK 35, PAGES 183-189 OF PARCEL MAPS AND PARCELS A & B OF PARCEL MAP WAIVER No. 19-89 RECORDED NOVEMBER 2, 1989 IN BOOK 6310, PAGE 1501 & RE-RECORDED MARCH 26, 1993 ,. IN BOOK 6822, PAGE 883 BOTH OF OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE NORTH 1 /2 OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA. 11 PARCELS 36.40 ACRES EXISTING ACCESS TO PARCELS: EXISTING ACCESS TO EACH PARCEL IS PROVIDED BY PUBLIC ROADS MOUNT VERNON AVENUE, BERNARD STREET & OSWELL STREET TO PRIVATE ROADS MALL VIEW ROAD, FASHION PLACE AND NEW MARKET WAY WHICH THE PUBLIC USES. GENERAL NOTES, LEGEND, TOPOGRAPHY LEGEND, LINE TABLE, CURVE TABLE & EASEMENT LEGEND: SEE SHEET 2 EX. CATCH BASIN TYP. MARCH OF 2024 EX. CATCH BASIN TYP. 1/ ... ~ ----- SCALE: 1" FD. 2" I.P. TAGGED RCE 33448 PER R/S BK. 17, PG. 33 -------- ztWE Bal.WARY LIN£ = 50' 50 25 0 50 100 i~ -~~-----1 ____ ~1 N 89"41'24" E 1 EX. UTIL. VAULT ·r ' \ \ -~ 0, a ~ J? "' ~ \ ---------------I I I I I I I I ~ \ I I I I I I· I f \ I , 1 w,:\ ~. \ I I I I 4-"S I I I . "' ~ ,, I I I I I I \ \ FASHION PLACE (PR/VA TE ROAD) --- 9 ---------- EX. CURB & G'TYP. EX. EDGE OF A.C. PAVEMENT TYP. I o' "' ~ 65,3 CURB TYP. \o. ·:::::i--1-----_ ----------- / o/ "' / / / / ..,_ I ; L --------- d PARCEL 11 23.95 AC. GR. & NET . '~ ~ q NOTICE· THERE AR£ NO EXISTING BUILDING'S WITHIN TH£ SUBJECT PROPERTY. TH£ EXISTING BUILDINGS ANO MOST OF TH£ EXISTING SIT£ IMPROVEMENTS HA V£ BffN 0£MOLISH£0. PARCEL 10 43,239 SF GR. & NET I .... d C . \ ... · . "' TOP OF CONCRETE MONUMENT IN LAMPHOLE AT THE CENTERLINE INTERSECTION OF MOUNT VERNON AVENUE AND BERNARD STREET, ALSO KNOWN AS THE WEST 1/4 CORNER OF SECTION 22, T. 29 S., R. 28 E., M.D.M. CHISELED "D" ON TOP OF CURB AT THE WEST END OF THE SOUTHWEST CURB RETURN AT THE INTERSECTION OF MALL VIEW ROAD AND NEW MARKET WAY. ELEVATION = 648.575' (U.S.G.S. DA TUM) ELEVATION = 576.53' (U.S.G.S. DATUM) ,c I'-~ • • y _... R=&o.oo· =26.18' .30' "00'00" '25"E RAD. --- N 89.41'24" E 146.31' 488.19' PARCEL 9 30,430 SF GR. & NET 202.07' \ \ \ N 89"41'24" E 9.00' N89'41'24"E RAD. -----~ L=7.31' T=3.65' '- A=1"07'09" 176.81' N 89"41'24" E 171.57' • -, 348.38' __.. / ,, THE BEARING OF N 018'31" W SHOWN FOR WEST LINE OF PARCEL "A" OF P.M.W. No. 19-89 AS SHOWN ON RECORD OF SURVEY No. 2376, AS FILED IN BOOK 22 OF RECORD OF SURVEYS AT PAGE 52 IN THE KERN COUNTY RECORDER'S OFFICE WAS USED AS THE BASIS BEARINGS SHOWN HEREON. N88"34'15"E RAO'...../ ----- BERNARD STREET COLUMBUS STREET ROAO ~PROJECT :, SIT£ i "'1-<'). "' SECTION 22, T. 29 S., R. 28 E. COLLEGE AVENUE VICINITY MAP NO SCALE OWNER / SUBDIVIDER: ZDI EAST HILLS, LLC 16509 SA TICOY STREET VAN NUYS, CA 91406 CONTACT: STEPHEN ZIMMERMAN (310) 993-1999 SURVEYOR: MclNTOSH & ASSOCIATES 10800 STOCKDALE HWY., STE. 103 BAKERSFIELD, CA 93311 CONTACT: SAMUEL M. WALKER JR. (661) 834-4814 ZONING LEGEND: C-2 = P.C.D. = REGIONAL COMMERCIAL ZONE PLANNED COMMERCIAL DEVELOPMENT ZONE R-1 = ONE FAMILY DWELLING ZONE LAND USE LEGEND: GC = GENERAL COMMERCIAL MC = MAJOR COMMERCIAL FLOOD ZONE: THIS SITE IS IN A FEMA FLOOD ZONE •x• AS SHOWN ON FIRM MAP No. 06029C1840E, DA TED SEPTEMBER 26, 2008. AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. Know what's below. Call before you dig. - ---------- :c Cl) ~ z ~c?j re, ~ .-N o~ 0 ~ ,.., N ,.., @ t=:! "' (I) < st-. z ~ ~ 0:: w o""" :r: !:: I ..J ~4::-.;t-< () re, o .w '-'O~ () ..J ~ O~<O f-"-"' (/) (/) ~ 0 0:: ow w"' o< ~ (D cS 0 g: Iii ,-~ "' 0 ., "' 0 I "' 0 z ~ z w " • • ! • 0 ... :::, 0 "" c:, c:, z "" Ill Ill z c:, z Ill z Ill c:, a: Ill z ... ~ "' ~ ,,., ~ < 0 ~ e ~ "' Exhibit C PARCEL 9 .30,430 SF GR. & NET N 89'41'24" E 9.00' N89'41'24"E RAD. -----, Lm7,31' T=J.65' '- IF11l7'09" PARCEL 5 1.18 AC. GR. & NET SCALE: 50 25 0 1" = 50' 50 ._j _ii/!i I N 89'53'51" E 100 ; STA TE ROUTE VI-KER-178 EX. 6' HIGH CHAIN LINK FENCE TYP. P.M. BOUNDARY EX. R/W 30'-41' MALL VIEW ROAD (PRIVATE ROAD) '1. I 442.30' 30' ±24' ±24' EX. R/W I I FX. UTIL. VAJcT TYP \ .. \ \ 'b\ _1 \~ ,..: "' \ \ EX. CONC. CURB TYP. I \ PARCEL 8 2.24 AC. GR. & NET \ \ '\\ \ "\ -EX. 6' HIGH CHAIN-UNK FENCE W/REOWCOD SLATS i::X. MONUMENT SIGN ---.. O>J CONG. EX. CONC. BLOCK RETAINING WALLS EX. ELEC. CABINET CURVE RAOIUS Cl 1170.00' C2 1159.00' CJ 400,00' C4 200.00' C5 1170.00' C6 1030.00' C7 1030.00' C8 1170.00' C9 1170.00' ClO 400.00' Cll 400.00' C12 1170.00' C13 1170.00' C14 1170.00' C15 1170.00' C16 1030.00' C17 1030.00' CURVE TABLE LINE TABLE LENGTH TANGENT DELTA LINE BEARING DISTANCE 95,51' 47.78' 4•40'35• LI N 4018'13" E 8.55' 110,00' 55.04' 5'26'17" L2 N 5'17'24" W 5.00' 60.30' 30.21' 8'38'16" l3 N 371l8'29• E 29.17' 48,76' 24.50' 13'58105"' L4 N 7'51'31" W 30.00' 39a33' 201.11' 19•30•23• L5 N 82'01'51" E 129.97' 169.84' 85.11' 9'26'51" L6 N 51'42'20" E 18.86' 78.78' 39.41' 4'22'56" L7 N 821l0'45" E 80.80' 75.01' 37.52' 3'40'23• l8 N 84 '54'05" E 125.14' 20.50' 10.25' roo'1s· L9 N 51l7'52" W 3.94' 4.54' 2.27' 0·39•00· L10 N 8917'34" E 123.30' 55.76' 27.93' 7'5!115" L11 N 44'01'56" E 34.34' 125.68' 62.89' 6'09'13" L12 N 44'39'21" W 34.34' 100.17' 50.12' 4'54'19" l13 N 018'49" W 9.00' 148.36' 73.28' 710'03" L14 N 42'51'42" E 35.D8' 26.14' 13.07 1'16'48" Ll5 N 46"23'05" W 33.32' 151.84' 76,06' 8'26'46" Ll6 N 018'36" W 5.20' 18.00' 9.00' 1'00'05" l17 N 24'39'53" W 42.61' l18 N 21·33•42• E 36.lo' l19 N 10•53'28" W 36.10' L20 N 35•19'48" W 41.85' EX TELE. VAULT P.M. BOUNDARY EX. R/W '--~ ., l---.__ I EX. 5.5' \\10E CONC. SIDEWALK EX. G.E. T. BUS - . VHN-OUT \ EX. CONC. MOW CURB TYP . & SHELTER PARCEL 10 P.M. No. 8267 P.M. BK. 35, PGS. 183-189 MALL VIEW ROAD (PRIVATE ROAO) 30'-72.20' '1. I 30' ±11' ±24' ±24' ..., :~ l"- l!! w i ~ I PAVEMENT a EX. R/W I I I )f EX. LS AREA --i---r"<c--,,1/j 3.4% ~ • r EX. A.C. "' I x VARIES VARIES "-' 1.2%-2 8% 1.3%-2!1 ~=====---T -----===== I - EX. CONC. FOR BUS 7URN-OUT EX. 2' \\lDE CONC. GUffiR AT BUS TURN-OUT MALL VIEW ROAD SECTION -BUS TURN-OUT NO SCALE GENERAL NOTES: ALL ROAO IMPROVEMENTS AND DRAINAGE IN THIS SUBDIVISION SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS ESTABLISHED BY THE CITY OF BAKERSFIELD. EXISTING TERMINAL SUMP LOCATED ±735.0' SOUTH OF THE SOUTHWEST CORNER OF THE BOUNDARY OF THIS SUBDIVISION, LOCATED AT THE NORTHWEST CORNER OF BERNARD STREET AND FASHION PLACE. THE EXISTING SUMP WILL REMAIN AS-IS. (LEGAL DESCRIPTION.· PARCEL 9 OF P.M. No. 8267 & A PORTION OF PARCFI_ "c" OF L.L.A. No. 06-1791) PARCEL 6 P.M. No. 8267 P.M. BK. 35, PGS. 183-189 EASEMENT LEGEND: RE?°'Ai!L/COMMERCIAL ±1757.62' EAST FROM E.C. TO THE C.L INTERSECTION Of OSWEU STREET ANO MALL 'IIEW ROAO, ALONG THE C.L MAll 'IIEW ROAD PER P.M, No. 8267, P.M. BK. 35, PGS. 183-189 TOPOGRAPHY LEGEND: (j) 10' \\10E PAClflC GAS & ELECTRIC COMPANY EASEMENT RECORDED MAY 22, 1950 IN BOOK 2610, PAGE 542 Of' OffiCIAL RECORDS. ABBRE\!\AJ\ONS EX. EXISTING 0 [] FOUND MONUMENT AS OESCRIBEO EXISTING ELECTRICAL BOX EXISTING TRAFFIC SIGN © © (j) © @) ® STA TE OF CALIFORNIA NON ACCESS RIGHTS RECORDED JUNE 30, 1964 IN BOOK 3740, PAGE 623 , RECORDED FEBRUARY 16, 1965 IN BOOK 3814, PAGE 452, RECORDED AUGUST 3, 1972 IN BOOK 4707, PAGE 125 AND RECORDED OCTOBER 5, 1972 IN BOOK 4732, PAGE 292 All OF OfflCIAL RECORDS. 10' \\lDE PACIFIC GAS & ELECTRIC COMPANY EASEMENT RECORDED SEPTEMBER 16, 1987 IN BOOK 6048, PAGE 1023 AND A NOTICE Of' FINAL DESCRIPTION RECORDED APRIL 20, 1989 IN BOOK 6230, PAGE 2134 BOTH OF OfflCIAL RECORDS. 16,5' 111DE CHEVRON U.S.A. INC. AND STANDARD GASOLINE COMPANY PIPELINE EASEMENT RECORDED SEPTEMBER 30, 1987 IN BOOK 6053, PAGE 795 OF OffiCIAL RECORDS. EAST BAKERSFIELD AS SOCIA TES SLOPE EASEMENT RECORDED NOVEMBER 18, 1987 IN BOOK 6067, PAGE 2227 OF OffiCIAL RECORDS AND PER DOCUMENT ENTITLED ASSIGNMENT AND ASSUMPTION OF RECIPROCAL EASEMENT AGREEMENT RECORDED OCTOBER 9, 2D12 AS DOCUMENT No. 000212143255 OF OFFICIAL RECORDS. THE OWNERSHIP Of SAID LAND DOES NOT INCLUDE RIGHTS Of' ACCESS TO OR FROM THE STREET, HIGHWAY, OR FREEWAY ABUTTING SAID LANO, SUCH RIGHTS HAVING BEEN RELINQUISHED AS SHOWN ON THAT CERTAIN MAP/PLAT. ENTITLED, PARCEL MAP No, B267 RECORDED, APRIL 27, 1988 BOOK JS, PAGE 1B3 OF PARCEL MAPS AFFECTS: ALONG STATE HIGHWAY ROUTE No. 178 PACIFIC BEll EASEMENT RECORDED APRIL 27, 1988 IN BOOK 6116, PAGE 1839 OF 0Ff1CIAL RECORDS. (THE EXACT LOCATION IS '10T ASCERTAINABLE FROM RECORD) 16.5' 111DE & (VARYING \\lDTHS) UNION OJL COMPANY OF CALIFORNIA PIPELINE EASEMENT RECORDED JUNE 13, 19B8 IN BOOK 6132, PAGE 523 OF OfflCIAL RECORDS. (VARYING 111DlHS) CALIFORNIA WATER SER'IICE COMPANY WATER LINE EASEMENT RECORDED JUNE 27, 1988 IN BOOK 6136, PAGE 2090 OF OFFICIAL RECORDS. 20' \\1DE & (VAR'l1NG WIDTHS) PROTESTANT EPISCOPAL BISHOP OF SAN JOAQUIN WATER & SEWER AND ACCESS EASEMENT RECORDED AUGUST 2, 1988 IN BOOK 6148, PAGE 2060 OF OfflCIAL RECORDS. TYP. TYPICAL R1 FO. FOUND _.__ EXISTING STREET NAME SIGN 'I. CENTERLINE + CONC. CONCRETE A.C. ASPHALT CONCRETE TRANS. lRANsrORMER JR EXISTING IRRIGATION VALVE OR RISER EXISTING WATER VALVE ELEC. ELECTRICAL ~ TELE. TELEPHONE EXISTING WATER METER LS LANDSCAPE i'il RD ROOF DRAIN EXISTING FIRE HYDRANT SD STORM DRAIN .A. s SEWER LATERAL F.W. FIRE WATER ~ EXISTING SEl!ER MANHOLE EXISTING SE\\tR Ci.EANOUT P.M. PARCEL MAP © BK. BOOK PG. PAGE il:il O.R. OFACIAL RECORDS U.S.A. UNDERGROUND SER\IICE ALERT ® EXISTING STORM DRAIN MANHOLE EXISTING GAS VALVE Cl l1 CURVE NUMBER FOR DATA SEE CURVE TABLE LINE NUMBER FOR DATA • EXISTING LIGHT STANDARD ON CONC. BASE EXISTING STREET LIGHT SEE CURVE TABLE • □ EXISTING STREET LIGHT PUll BOX ------(653)---EXISTING GROUND CONTOUR s ----EXISTING SEWER UNE --- - ----D----EXISTING STORM DRAIN LINE ----•w----EXISllNG WATER LINE ---EXISTING TELEPHONE LINE -APPROX. ----o---EXISTING GAS LINE -APPROX. ------·E ---EXISTING U.G. ELEClRICAL LINE(S) -APPROX. ___ ...d/. ___ __,,,,,,'-. __ [XISTING EDGE Of PAVEMENT ---X ----x ---EXISTING CHAIN LINK FENCE EX. 5.5' 1110£ CONC. ~ SIDEWALK OR PROPOSED "-5.5' \\lOE SIDEWALK I r EX. A.C. 15 51 EX. LS AREA II PA'84ENT ~ VARIES VARIES x I ,.2%-2.8!1 1.3%-2% ""IT ------± ---- IT IS ANTICIPATED THAT THE GRADING OF THIS SUBDIVISION WILL BE WITHIN THE AMOUNTS OUTLINED WITH SECTION 16.16.100 OF THE MUNICIPAL CODE. ALL DISTANCES AND DIMENSIONS SHOWN HEREON ARE IN FEET ANO DECIMALS THEREOF. THE BOLD BORDER INDICATES TttE BOUNDARY OF LAND SUBDIVIDED BY THIS MAP. @ EAST BAKERSFIELD ASSOC A TES ACCESS AND UTILITY EASEMENT RECORDED AUGUST 3, 1988 IN BOOK 6149, PAGE 920 AND RECORDED AUGUST 3, 1988 IN BOOK 6149, PAGE 1203 BOTH OF OFFICIAL RECORDS. (OVER PARCEL 10 OF P.M. So. 8267) (VARYING ¼1DTHS) EAST Hlll.S ROADWAY ASSOCIATION LANDSCAPE EASEMENT RECORDED FEBRUARY I, 1989 IN BOOK 6205, PAGE 1641 OF OFFICIAL RECOROS. to' \\1DE CALIFORNIA WATER SERVICE COMPANY WATER LINE EASEMENT RECOROED NOVEMBER 29, 1989 IN BOOK 6319, PAGE 1146 OF OFFICIAL RECORDS. ~------0--EXISTING GUARD RAIL ====~,=~=FL~OWU==N=E== EXISTING CURB AND GUTTER UP -----------PROPOSED PROPERTY LINE -----------PARCEL MAP BOUNDARY _ 0_25% MIN. EX. DIRECTION OF DRAINAGE AND APPROXIMATE GRAOE EASEMENT REFERENCE -SEE EASEMENT LEGEND ------------1------------=r::: Ex. CONC. CURB & GUffiR TIP. FRO! ll1E EX. ORIVE ENTRANCE AT NEW MARKET WAY, HEADIN1l EAST, THERE IS AN EX. 5.5' V.,DE CONC. SIDEWALK THAT RUNS ALONG THE NORTH SIDE OF MALL 'IIEW ROAD. MALL VIEW ROAD SECTION -TYP, ED NO SCALE 2 THERE ARE NO EXISTING STRUCTURES WITHIN THE BOUNDARIES OF THIS MAP. {EAST HI/LS MALL EXISTING BUILDINGS HA VE BEEN OEMOLISHEO) THIS MAP IS BASED UPON RECORD BOUNDARY INFORMATION AND A FIELD SURVEY FOR EXISTING TOPOGRAPHY WAS MADE IN MAY 2017. ON SITE ACCESS, CROSS PARKING, UTILITIES, & DRAINAGE WITHIN COMMERCIAL AREA SHALL BE PROVIDED TttROUGH C.C.&R's, "THE MAP SHALL FOLLOW THE "COMPLETE STREET" POLICY PER RESOLUTION 108-23." ALL OBSTRUCTIONS SHALL BE REMOVED ANO/OR RELOCATED WITHIN EXISTING OR PROPOSED RIGHT-OF-WAYS. ® CITY OF BAKERSFIELD lRAfFIC SIGNAL AND INCIDENTAL PURPOSES EASEMENT RECORDED APRIL 17, 1991 IN BOOK 6510, PAGE 303 Of' 0Ff1CIAL RECORDS. (THE EXACT LOCATION IS NOT ,\SCFRTAINABLE FROM RECORD) A MINIMUM 120 FEET OF RIGHT OF WAY SHALL BE DEDICATED FROM THE CENTERLINE OF SR 178 ALONG THE ENTIRE PARCEL i.4AP'S NORTHERN BOUNDARY, IF NOT ALREADY EXISTING. 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