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Home My WebLink AboutRes. No. 30-24 (PDR No. 24-0356)RESOLUTION NO. 30-24 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 Change 17-0047, 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 A venue, 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 1 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 Bittle, seconded by Commissioner Bashirtash the following vote: AYES: ABSENT: Exhibits: Bashirtash, Bittle, Cater, Kaur, Koman, Neal, Strickland None A. B. C. APPROVED D~C~R City of Bakersfield Planning Commission Conditions of Approval Location Map Site Plan TW /S:\04_Current Plonning\04_Plonning Director's Report\0 1 _Active\24-0356_3000 Moll View Rd_City Lights\0 1 _PD Hearing\Finol Prep\S_PDR 24-0356_Resolution.docx Page 2 of 2 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. TW/S:04_Current Planning/05_PUD & PCD/01_Active/24-0356_3000 Mall View Road_City Lights PDR 24-0356 Page I 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. Ill. The following are specific items that you need to resolve before you can obtain a building permit or be allowed occupancy. These items include conditions and/or mitigation required by previous site entitlement approvals (these will be specifically noted), changes or additions that need to be shown on the final building plans, alert you to specific fees, and other conditions for your project to satisfy the City's development standards. A. B. 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.). 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. 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 fa~ade 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 I 3 of 4 C. D. E. F. FIRE DEPARTMENT (2101 H Street) {Staff contact -Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us) 1. Prior to issuing building permit -Where fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. 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 locations on the plan. 4. Prior to issuing the building permit -the Developer shall submit two (2) sets of utility plans signed by a California Registered Civil Engineer to the Water Resources Department showing connections to underground fire waterlines, including fire service and nearby fire hydrant locations or off-site hydrants on the plans for approval 5. Prior to issuing 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. 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. 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. 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 I 4of 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 Planning Director Review 24-0356 c:lrVE -- NOBLE AVE r;; Exhibit'li .... li~ II~' 1~11 ~ J~ OS REDLANDS DR CITY OF BAKERSFIELD ct: .... "' w "' 0 l )ll"WAV ~ I~ ~I II I E.,~ .. "' ~~-3 .... LJ ~I R-3 C-1 ~ C-2 w ~ z 0 z "' w > .... 178 EOFFTO :I! MT VERNON RAMP C-2 C-1 C-2 P.C.D. CITY -■--■-]-·1· ·coiiNrr·•-■--■-, OWAY R-3 ! R-l 11 '7' 1 ,•-■--■--■--■--■--j ~'\ u : .., ,-. I C-2 R-3 MX-1 t:;1 R-1 !:! "' w R-1 ~lcoµ,NTY -,.!= !.-■•-··-' , _______ _,,...,__ _ _,...-----....1,_ ___ .,__. CITY R-1 R-3 Henu,ge Christian R-,1 lchool C-O I R-3 R-3 R-1 B. w w :,: u w .... ~~ ; ~ u 3: 0 "' / '-7 COLUMBUS ST P.C.D. I R-1 P.C.D. Bakrnfi,ld Ad,,ntm Acad,my R-1 R-I voRoo ITT R-1 R-1 R-1 C-2 R-4 ·w·oN ---'----,1'.'j78 LL RAMP FR osWE P.C.D. R-3/P.U.D. 178 E OFF TO OSWELL RAMP C-2/P.C.D. C-2 MX-1 R-1 s"TwoARD_R.EGATTil" 0 WAY "' z .... :5 z ~ ~ ~ ... j ...J ~ ~ LL.I u < ::c ::::E :::E " :,: u ~:lrAKER ~ t:; R-1 =·-··-··-··-··-··-··· .Cl·rY· iR~~r.;,·~----■--■-"--!~ ~ >-R-1 ••-■I C V'I -< PICO AVE Harding Eltmtntary R-1 lchool LEGEND (ZONE DISTRICTS) R-1 One family Dwelling 6,000 sq.ft. min lol size R-1-4.S Ono Fomily Dwelling 4,500 sq.ft. min lol size 1 lstote I 0,000 sq.ft. min lot size R-S Residential Suburban 24,000 sq.ft./dwelling unit R-S~ ) Residential Suburban l, 2.S, S ar 10 min lohize R-2 limited Multiple Family Dwelling 4,50D sq.ft. min lat size (single family) 6,000 sq.ft. min lat size (multifamily) 2,500 sq.ft. lat 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 one min lot size PUD Planned Unit Development IT Travel Trailer Park MH Mabilehame C-0 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 Spe<ifi< Plan I:, BAKERSFIELD t Feet 0 500 1,000 MAP PACKAGEi Exhibit C --------------------------- -----_ ----~F~R:;:-;A~EROUTE_27_S _____ _ ------~--------------------------y -----------,,,;,,,..,,, .. ,.,,._ ... "'. ADJACENT PROPERTY• ZONE . LAN LEGEND [l EU-CTFIIC Vl'"l11CU-Ci-W'!OrNCSTATIONS n EVCAPAfll.E II TRASH FNCI..OSURF, TYP ---VISllllUTY COHFIIDOR .,. OICYCLEAACK to OICYCU0 LOCKHl ~ • ,O.U, EXJSTING DflWEWA Y l..OCAnONS Ai.ONO M"'l..1.. \/lrx,tROAO TO Rt:MA1N • All.. PEDl'.STAIAN CROSS'NOS SHAll 0!' DFLINl;'ATED WITH DIFFf:'RENT Mi'<TrnlAl,S •PAAKINCl LOT MATERIAL.· A/C f>AVIN<l FOR FOOi'/ FOROfflCE &L-F.VEL2Cl-!AAGERS TOT AC SHOITT•TERM BlCYCU PARKINO PfiOWJtO TOTALLONO,fiiJ.~=-t~~~~ci~ti~b~'PERCQE!C20~:!CrlS10G41) 9LOC><EllS(S'l!,QFTENANl'TOTAL ::lTALHl' PFRCOBC~OnCHs 1004 1) •ASSUMfcllO'l!.OF STAU.SAAEVlSITOR STALLS. ANO 10,,, O!" STALLS ARE TENANT ST AU.$ CITY LIGHTS 3000 MALL VIEW ROAD BAKERSFIELD, CALIFORNIA 1.0, NS,CN PARKING CALCULATIONS BUILDING USE TOTAL STALLS REQUIRED TOTAL STAL~S PflOVIOED SQ PARKING PARKING PARKING FTG RATIO REQ'D CREDIT l,6~SPAC<;S 1,67~SPACF.S SITE PLAN Sca!o: 1' "" 60' May 28, 2024