HomeMy WebLinkAboutRES NO 081-08
RESOLUTION NO. 081- 08
RESOLUTION MAKING FINDINGS APPROVING A PLANNED
DEVELOPMENT REVIEW FOR CONSTRUCTION OF A 500,000
SQUARE FOOT MIXED-USE COMMERCIAL DEVELOPMENT
(PD 08-0686).
WHEREAS, McIntosh & Associates, for Castle & Cooke Commercial, filed an application
requesting approval of a preliminary development plan for construction of a new multiple tenant
commercial development on an approximately 47-acre site in a C-2/PCD Zone (Regional
Commercial /Planned Commercial Development Zone) located at the northwest corner of Stockdale
Hwy and Calloway Road (Exhibit B); and
WHEREAS, the City Council, did set Wednesday, May 21, 2008, at the hour of 6:30 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 City Council on said application and notice of the public hearing
was given in the manner provided in Title Seventeen of the Bakersfield Municipal Code; and
WHEREAS, the Riverwalk Commercial Center Environmental Impact Report (EIR) certified
on August 22, 2001, and incorporated by reference, documents that this zone change is a later
project that will not have a significant effect. Based upon an initial environmental assessment, staff
has determined the proposed project will not significantly effect the environment, and pursuant to
CEQA Guidelines Section 15162 the EIR certified for this project is adequate and no further
environmental documentation is necessary; and
WHEREAS, the laws and regulations relating to the preparation and adoption of
Environmental Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures have been duly followed by city staff and the
Planning Commission; and
WHEREAS, at said public hearing held May 21, 2008, the planned development review
project submitted by McIntosh & Associates, for Castle & Cooke Commercial, was duly heard and
considered and the City Council found as follows:
1. All required public notices have been given. Hearing notices regarding the proposed project
were mailed to property owners within 300 feet of the project area and published in a local
newspaper of general circulation 10 days prior to the hearing.
2. The proposed preliminary development plan is consistent with the General Plan and
objectives of this ordinance.
3. In accordance with Bakersfield Municipal Code Section 17.54.070, the Planning
Commission finds as follows:
A. The proposed preliminary development plan is consistent with the general plan and
objectives of this ordinance;
B. The proposed development will constitute a commercial environment of sustained
desirability and stability, and it will compliment and harmonize with the character of the
surrounding neighborhood and community; and
C. The proposed development justifies exceptions from the normal application of this code
in that it integrates such elements as the location of structures, circulation pattern,
parking, landscaping and utilities, together with a program for provision, operation and,. ~A~F9s~
maintenance of all areas, improvements, facilities and services provided on the property.. m
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ORIGINAL
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
1. That the above recitals, incorporated herein, are true and correct.
2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures
have been followed. Staff determined that the proposed activity is a project and an
initial study was prepared for the original project (General Plan Amendment/Zone
Change No.00-0291) of the subject property and the Riverwalk Commercial Center
EIR was certified on August 22, 2001, and duly noticed.
3. Said Riverwalk Commercial Center EIR for the proposed project is the appropriate
environmental document to accompany project approval. 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. The project will not
significantly impact the physical environment because mitigation measures relating
to biological resources, traffic and circulation, noise, air quality, cultural resources,
and aesthetics have been incorporated into the project.
4. That PD No. 08-0686, as delineated in attached Exhibits B (Preliminary
Development Plan), C (Building Elevations) and D (Landscape Plan), is hereby
approved, subject to the mitigation measures and conditions of approval in Exhibit
A, subject to City Council approval of General Plan Amendment/Zone Change No.
07-2098.
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ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on May 21, 2008 by the following vote:
ES:. COUNCILMEMBER CAR ON, B HAM, WEIR, COUCH, HAN ON. SULLIVAN. SCRIVNER
COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER VIX7W-ia -
PAMELA A. McCARTHY, MC
CITY CLERK and Ex Offic o Clerk of the
Council of the City of Bakersfield
APPROVED MAY 21 2008
HARVEY L. ALL
MAYOR of the City of Bakersfie
APPROVED as to form:
VIRGINIA GENNA
City Attorney
By: w
Exhibit A Conditions of Approval and Mitigation Measures
B Preliminary Site Plan
C Building Elevations
D Landscape Plan
S:\GPA 1 st 2008\07-2098\Resos\PD Plan Review.doc
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ORIGINAL
Exhibit A
Conditions of Approval & Mitigation Measures
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ORIGINAL
EXHIBIT A
Planned Development (PD) Review 08-0686
Conditions of Approval/Mitigation Measures
USE RESTRICTIONS / DEVELOPMENT LIMITATIONS
1. The following uses will be prohibited within the development:
a. Adult bookstore and/or adult entertainment establishments
b. Billiards parlor
c. Gaming activity (including cardrooms, etc.)
d. Car wash (as a "stand alone" use)
e. Mortuary
f. Funeral parlor
g. Crematorium
h. Auto repair (as a primary use)
i. Night club
j. Place of worship
k. Automotive sales
1. Recreational vehicle sales
M. Industrial uses
n. Taverns or bars (as a primary use)
o. Tattoo or body piercing establishment
p. Fire works sales
q. Hospital or sanitarium (does not include medical office)
r. Taxidermist
S. Motorcycle sales
2. The easterly 1,200 feet of the project site, as measured from the centerline of
Calloway Drive, shall be restricted to the following uses:
a. Office development
b. Hotel/motel
C. Furniture store
d. Fitness center
e. Dinner or family sit-down restaurant (no fast food with drive-thru).
3. Hours of operations for restaurants shall be as follows and be included in any recorded
CC&Rs
a. Dinner Restaurants: 10:30 am to 12:00 am
b. Family style restaurants: 6:00 am to 12:00 am
c. Fast Food restaurants: 5:00 am to 1:00 am
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ORIGINAL
Exhibit A
PD Review 08-0686
4. The total combined size of all buildings shall not exceed a maximum cap of 500,000
square feet GLA (gross leasable area). Gross leasable area includes indoor and
outdoor areas.
a. No individual retail space shall exceed 140,000 square feet GLA for any floor.
b. Only one individual retail space may exceed 100,000 square feet GLA.
C. Any home improvement center use shall not exceed 75,000 square feet GLA.
5. Fast-food restaurant pads:
a. Fast-food restaurant pads with drive-thru windows shall not exceed three (3)
locations within 100 feet of Stockdale Highway and shall not be located within
the easterly 1,200 feet of the site.
b. Tenants shall utilize soundless technology for use in a drive-thru operation. If
the tenant does not utilize soundless technology, then the developer shall install
a 6-foot high landscaped berm, or wall with landscaping, between the speaker
area and Stockdale Highway.
6. Hotel/motel:
a. Any hotel/motel use located at the northwest corner of Calloway Drive and
Stockdale Highway shall not exceed a maximum of 100 rooms and shall not
exceed a height of two stories.
b. Any hotel/motel use located between the western boundary of the easterly
1,200 feet of the project site and the northwest corner of Calloway Drive and
Stockdale Highway shall not exceed a maximum of 120 rooms and shall not
exceed a height of two stories.
C. Any hotel/motel use located west of the easterly 1,200 feet of the project site
shall not exceed a maximum of 200 rooms and shall have a 100' setback from
Stockdale Highway.
d. No pool, spa, or outdoor corridor shall be visible from Stockdale Highway or
Calloway Drive.
7. Fitness Centers:
a. Any fitness center use within the easterly 1,200 feet of the project site shall not
operate between the hours of 12:00 am to 5 am seven days a week.
8. Theaters:
a. Any theater use shall not exceed a maximum of 1,500 seats.
b. No show or movie shall begin after 10:45 p.m.
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ORIGINAL
Exhibit A
PD Review 08-0686
9. Alcoholic Beverage Sales:
a. No store shall be allowed greater than 2,500 square feet of gross leasable area
in which 75% or more of the retail space is used for the off premises sale of
alcoholic beverages. A gourmet wine and spirits shop is not included in this
restriction.
b. Off-sale or carry out sales of alcoholic beverages are prohibited in any in-line
tenant space west of the 140,000 square foot retail building space (Target).
10. Gas Stations:
a. Only one (1) gas or fueling station shall be allowed and shall be restricted to the
western 15 acres of the 47 acre site.
11. No lumber yards, outdoor storage, or sales display areas shall be allowed on the entire
47 acre site.
AESTHETICS
12. Developer shall construct meandering sidewalks with berms (not to exceed 4' high)
along the Stockdale Highway and Calloway Drive project frontage.
13. Buildings shall be set back from the property line a minimum of 25' from both
Stockdale Highway and Calloway Drive.
14. The project shall be designed with a minimum of two points of access from the site,
directly to the bike path, to be utilized by both pedestrians and bicycles. The path
connections shall be constructed in accordance with the approved site plan and
pursuant to City standards.
15. The rear building elevations abutting the bike path, shall be sensitive to the Kern River
bike path, and public park with facades similar in architecture design consistent with
Section 17.08.140 (Design Standards for Large Retail Developments). All trash
enclosures, diesel generators, and loading docks shall be screened with block walls
and landscaping.
16. Restaurants using char-broilers will be required to install grease extracting exhaust
hoods that are at least 95% efficient. An electrostatic precipitator (with a minimum
collection efficiency of 90%) must be installed downstream from the exhaust hood.
17. There shall be provided one (1) 100-foot wide viewshed between buildings from
Stockdale Highway through the site to the Park at Riverwalk that includes a plaza,
which creates a linkage between the park site and shopping center and for pedestrian
and view purposes from Stockdale Highway.
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ORIGINAL
Exhibit A
PD Review 08-0686
18. A main plaza shall be located at the terminus of the main entrance and shall be
located adjacent to the City park site. The plaza shall be an open-air gathering place.
Site design shall accommodate multiple and convenient pedestrian access directly to
the park. In addition to a main plaza, two (2) small plazas shall be incorporated into the
project.
19. A minimum of 5 bicycle racks shall be provided at convenient locations within the
project site primarily to accommodate the Kern River bike path.
20. Pedestrian walkways, with one specifically provided at the northwest corner of the
project site, shall be established to provide independent pedestrian access to focal
points and buildings through parking areas consistent with Section 17.08.140 (Design
Standards for Large Retail Developments).
21. Building heights and setbacks shall be in accordance with the policies of the Kern
River Plan Element but shall not exceed a maximum height of 60 feet, except buildings
located within 100 feet of Stockdale Highway right-of-way line which shall not exceed a
maximum height of 40 feet. Building heights shall be identified on the Site Plan and
any other plans submitted to the City of Bakersfield. No buildings over two habitable
stories shall be permitted without rear access as approved by the Fire Department.
22. An emergency access plan subject to approval by the Fire Chief for the entire site is
needed because of the unusual parcel geometry. The large park and a long building
may affect emergency access. This may need to consider crash gates from park,
grass and concert areas etc. to ensure emergency vehicle access.
23. All new development and accessory uses, excepting wells, shall maintain a minimum
setback of 90 feet from the primary floodway line. If not feasible to do so because of lot
size or configuration, new development, including accessory uses, shall maintain a
setback from the primary floodway line of 60 percent or greater of the distance
between the primary floodway line and the point of the lot farthest from the primary
floodway.
24. A comprehensive sign plan shall be required to be approved by the City
Planning Commission prior to building permits being issued. All freestanding signs
proposed for the project shall be monument signs only, spaced along the Stockdale
Highway and Calloway Drive project frontage. Wall signs shall be prohibited on the
north building elevation of the 140,000 square foot tenant space. Sign size, design,
color, texture, materials, and location shall be compatible with the open space
character of the area. Pylon signs are prohibited within the commercial center.
25. The entire 47 acre site shall be developed as an integrated project with a common
architectural and design theme that is subject to all requirements of a PCD in
accordance with Chapter 17.54.
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ORIGINAL
Exhibit A
PD Review 08-0686
26. Prior to the issuance of building permits, the Planning Department shall review and
approve all final plans to ensure the center meets the requirements of Section
17.08.140 (Design Standards for Large Retail Developments), including but not limited
to, building architecture, parking design, landscaping, pedestrian access and public
open space.
LANDSCAPING
27. All plants shall be consistent with the plant list included in the adopted Kern River
Element Plan.
28. The landscape plan shall be designed to provide visual relief from project structures.
The landscape plan shall also include a planting screen of native riparian trees and
scrubs along the northern boundary of the project site to provide a buffer between
human activities and the riparian river habitat.
29. Mature and dense trees shall be installed all along the Stockdale Highway side of the
project site. Mature and dense shall mean not less than 41 thirty-six inch (36") box
trees and 42 twenty-four inch (24") box trees. Not less than 50% of said trees shall be
trees which are non-deciduous in nature (not including palm trees).
30. Along the northern and western property line adjacent to the 140,000 square foot retail
building (Target) that also includes attached shop tenant buildings, the developer shall
perform as follows:
a. Install a minimum 6-foot high decorative wrought-iron fence and a minimum 7-
foot landscape strip that includes a combination of groundcover, shrubs and
trees.
b. This landscape strip shall be placed on the city park side of the fence. Along
the fence, shrubs shall be planted to create a solid hedge.
C. Trees shall be planted in the landscape strip with species consistent with the
Kern River Parkway plant list. All trees shall be of evergreen variety with the
minimum number based on a ratio of 1 tree per 20 feet. They shall consist
equally of 24" and 36" box sizes, and may be planted in a staggered
arrangement to provide a more natural visual effect.
d. The applicant shall maintain this landscaping in good condition (including
necessary plant replacement, if necessary), for a period of one year. After such
time maintenance and with the acceptance of the landscaping by the City Parks
Department, the city will maintain this area in conjunction with the park.
31. A landscaping strip at least 25 feet in width from top of Kern River bike path will be
required along the north property line, planted in accordance to City standards with
plant material consistent with the Kern River Plan Element.
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ORIGINAL
Exhibit A
PD Review 08-0686
LIGHTING/GLARE
32. The developer shall design exterior elevations and facades with minimum use of
glazing, mirrors, and reflective materials or colors. Low-wattage security lighting
directed away from light-sensitive uses shall be utilized, and shall be shielded so that
all direct rays are confined to the site.
33. Parking lot lighting shall be provided pursuant to Section 17.58.060 A of the Municipal
Code. Lights shall be designed, arranged, and shielded to reflect away from adjacent
residential properties, public parks, streets, and the bike path, with illumination evenly
distributed across the parking area.
34. Light fixtures in the parking lot located within 200' of Stockdale Highway shall not
exceed a maximum height of 20'.
35. Light fixtures located between the rear of the buildings and the levee shall not exceed
a maximum height of 15'.
36. Prior to the issuance of building permits, the project applicant shall outline
specifications for outdoor lighting locations and other intensely lighted areas. The
specifications shall identify minimum lighting intensity needs and design lights to be
directed towards intended uses. Methods to reduce lights shall include low-intensity
light fixtures and hooded shields.
37. Prior to the issuance of a building permit the project applicant shall submit and obtain
City approval of lighting plans. The lighting plans shall verify that outdoor lighting is
designed so that all direct rays are confined to the site.
38. Parking lot and security lighting shall be provided by no more than 40,000 lumen lamp
poles, except that within 200' of Stockdale Highway and the back of buildings the
lighting shall be limited to 22,000 lumen lamp poles, which shall range in height from
20 to 30 feet. Shorter poles are to be located adjacent to Stockdale Highway. Average
lighting levels for all parking lots will be 2.5 foot candles, with a maximum of 11 foot
candles.
TRAFFIC AND CIRCULATION
39. Prior to the issuance of building permits, the project applicant shall provide its fair
share funding toward the following improvements that are listed in Appendix C of the
Draft EIR. At the time of issuing building permits, the applicant's funding calculations
for all improvements associated with the fee program shall be submitted to the City for
review and approval.
a. Traffic Signals
1) Palm Ave. and Calloway Drive eAKF
2) Ming Ave. and Scarlett Oak Drive o~ 9sT
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Page 6 of 16 `ORIGINAL
Exhibit A
PD Review 08-0686
3) Ming Ave. and Grand Lakes Ave.
4) White Oak Drive and Old River Road.
b. Roadway Segments
1) Brimhall Road
2) Truxtun Ave.
3) Stockdale Highway
4) Calloway Drive
5) Allen Road
C. Intersections
1) Rosedale Highway and Calloway Drive
2) Rosedale Highway and Coffee Road
3) Palm Avenue and Calloway Drive
4) Brimhall Road and Allen Road
5) Brimhall Road and Coffee Road
6) Brimhall Road and Calloway Drive
7) Stockdale Highway and Gosford Road/Coffee Road
8) White Lane and Buena Vista Road
40. Prior to the completion of the final project phase, an additional northbound left turn
lane shall be added to the intersection of Brimhall Road and Calloway Drive.
41. Buena Vista Road north of Stockdale Hwy shall be widened and/or redesigned by the
developer to satisfaction of the City Engineer to reduce traffic conflicts between
automobiles and delivery trucks to and from the park and shopping center. The City
shall dedicate the right of way needed for road widening on the west side of Buena
Vista Road.
42. Deceleration lanes shall be required for each entrance along Stockdale Highway.
43. Pay the fair share of local mitigation identified by the traffic study and as listed in the
DEIR under mitigation TR-I. Amend and have approved the preliminary fee
calculations provided in Table 6 of Appendix C in the DEIR for the local mitigation to
include the fair share of all impacted road segments per TR-I.
44. Amend and have approved the Regional Transportation Impact Fee calculation
provided in Table 10 of Appendix C in the DEIR to incorporate the currently adopted
fee list. Since this site will be developed as an integrated and contiguous center over
the existing and proposed commercial areas, the amended calculation and percentage
shares shall be revised to incorporate the entire square footage. Pay the RTIF in
accordance with the final approved calculation.
45. Signalize the project entrance on Stockdale Highway, provide east and south bound
left turn lanes, west and south bound right turn lanes, and provide for signal
maintenance by the development (100% developer responsibility). Prior to issuance of
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;)RIGINAL
Exhibit A
PD Review 08-0686
a building permit a phasing plan for all improvements is required. (TR-2)
46. Prior to final project phase the intersection of Brimhall Road and Calloway Drive shall
be modified to provide a second left turn lane north bound. (TR-3)
AIR QUALITY
47. Prior to approval of a grading plan for any commercial project, the project applicant
shall submit a letter to the City of Bakersfield Planning Department from the
SJVUAPCD stating the dust suppression measures that shall be completed during
construction activities to comply with SJVUAPCD Regulation VIII.
48. In addition to compliance with Regulation VIII, the following shall be incorporated into
building plans and implemented during construction activities to further reduce fugitive
dust emissions associated with the project:
a. Cover all access roads and parking areas with asphalt-concrete paving.
b. Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict
the use of cutback, slow-cure and emulsified asphalt paving materials.
C. Use water sprays or chemical suppressants on all unpaved areas to control
fugitive emissions.
d. Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions.
e. Cease grading activities during periods of high winds (greater than 20 mph over
a one-hour period).
f. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
construction site.
g. All haul trucks should be covered when transporting loads of soils.
h. Wash off construction and haul trucks to minimize the removal of mud and dirt
from the project sites.
49. Prior to issuance of a grading permit, the following shall be incorporated into the
grading plan:
a. Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
b. Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
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ORIGINAL
Exhibit A
PD Review 08-0686
C. Encourage ride sharing and use of transit transportation for construction
employee commuting to the project sites.
d. Use electric equipment for construction whenever possible in lieu of fossil fuel-
fired equipment.
50. Prior to issuance of a building permit, transportation control measures and design
features shall be incorporated into the project to reduce emissions from mobile
sources. A strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle
idling, and traffic congestion includes the following:
a. Improve street and traffic signals for those intersections and street segments
that the proposed project contributes traffic. This will be implemented by the
applicant's compliance with the fair share traffic fee contribution discussed in
the traffic section (Section 5.4.4).
51. The project applicant shall incorporate the following in building plans:
a. Use low-NOX emission water heaters.
b. Provide shade trees to reduce building cooling requirements.
C. Install energy-efficient and automated air conditioners.
d. Exterior windows shall all be double-paned glass.
e. Energy-efficient (low-sodium) parking lights shall be used.
f. Provide bicycle racks at strategic locations within the project site.
g. Provide cross walks across Stockdale Highway at the signalized entrance into
the project site.
h. Provide a bus turnout on Stockdale Highway along with a 15-foot by 10-foot
concrete pad to serve as a passenger waiting area. This pad may support
passenger amenities such as a bench or shelter.
BIOLOGICAL RESOURCES
52. Prior to the issuance of a grading permit, the project applicant shall pay a development
fee in accordance with the Metropolitan Bakersfield Habitat Conservation Plan.
53. Prior to the issuance of a grading permit on the 32.89-acre project site, the project
applicant shall comply with all of the appropriate terms and conditions of the MBHCP,
including certain San Joaquin kit fox take avoidance measures and the guidelines for
preventing den entrapment. Measures to be enacted during the construction phase of
the project include:
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ORIGINAL
Exhibit A
PD Review 08-0686
a. Preconstruction surveys to be conducted to search for active kit fox dens;
b. All pipes, culverts, or similar structures with a diameter of four inches or greater
shall be capped to prevent the entry of the kit fox, if not capped, they will be
inspected prior to burial or closure to ensure no kit foxes or other protected
species become entrapped;
C. Excavations shall either be conducted with escape ramps or covered to prevent
entrapment;
d. All food, garbage, and plastic shall be disposed of in closed containers and
regularly removed from the site by construction personnel to minimize attracting
kit fox.
54. Prior to the issuance of a grading permit, the applicant shall include a plan to minimize
the potential construction impacts to the adjacent sensitive riparian habitat. The plan
shall be reviewed and approved by the City of Bakersfield and include the following.
a. During construction, the area alongside the Kern River shall be fenced off to
protect it and prevent damage to vegetation, burrows, and nests from heavy
construction equipment and vehicles.
b. Lighting shall be shaded and directed away from habitat to protect nesting and
roosting species.
C. All food, garbage, and plastic shall be disposed of in closed containers and
regularly removed from the site by construction personnel to minimize attracting
animals from the adjacent riparian river habitat.
d. The project applicant shall prevent and control unplanned man-cause fires by
requiring construction vehicles to carry water, shovels, and fire extinguishers.
Protection mats, shields, and windbreaks shall be used as appropriate for
welding and grinding. Fire prevention requirements shall be enforced regarding
cigarette smoking.
55. Prior to the issuance of a grading permit, the applicant shall provide a riparian habitat
replacement plan to compensate for the loss of approximately 2.4 acres of riparian
habitat. The replacement plan could include the purchase and conservation of riparian
habitat, payment of a fee that is equal to the Metropolitan Bakersfield Habitat
Conservation Plan fee, create additional riparian habitat, or enhance existing riparian
habitat. If the applicant enhances or creates riparian habitat, each acre of riparian
habitat that is removed shall be replaced (created or enhanced) with two acres of
riparian habitat.
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ORIGINAL
Exhibit A
PD Review 08-0686
56. Prior to the issuance of a grading permit, the project applicant shall comply with the
following raptor nest measures:
a. If grading is proposed during the raptor nesting season (February - September),
a focused survey for raptor nests shall be conducted by a qualified raptor
biologist prior to grading activities.
b. If construction is proposed to take place during the raptor nesting/breeding
season (February - September), no construction activity shall take place within
500 feet of an active nest until the young have fledged (as determined by a
qualified raptor biologist). Trees containing nests that must be removed as a
result of project implementation shall be removed during the non-breeding
season (October - January).
CULTURAL RESOURCES
57. Prior to the issuance of a grading permit, grading plans shall specify that an
archaeological monitor shall be present on the project site during all grading activities.
58. If any cultural resources are unearthed during construction activities, all work shall be
halted in the area of the find. A qualified archaeologist shall be called in to evaluate the
findings and recommend any necessary mitigation measures. Proof of compliance with
any recommendations resulting from such evaluation, if required, shall be submitted to
the Southern San Joaquin Valley Archaeological Information Center (AIC) at California
State University, Bakersfield, and to the City of Bakersfield Development Services
Department.
59. If human remains are found as a result of earth-moving activities, all work in the area
must halt and the County Coroner will be notified (Section 5097.98 of the Public
Resources Code). The Coroner will determine if the remains are of forensic interest. If
the coroner, with the aid of the supervising archaeologist, determines that the remains
are prehistoric, he/she will contact the Native American Heritage Commission (NAHC).
The NAHC will be responsible for designating the most likely descendant (MLD), who
will be responsible for the ultimate disposition of the remains, as required by Section
7050.5 of the California Health and Safety Code. The MILD will make his/her
recommendations within 24 hours of their notification by the NAHC. This
recommendation may include scientific removal and nondestructive analysis of human
remains and items associated with Native American burials (Section 7050.5 of the
Health and Safety Code).
60. A preliminary report shall be prepared for the above recommendations and
incorporated into a final report when the cultural resources work is completed. The
final report shall be submitted to the City and the Southern Joaquin Valley AIC.
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ORIGINAL
Exhibit A
PD Review 08-0686
ORDINANCE COMPLIANCE
In addition to the above discretionary conditions and environmental mitigation, the following are specific
ordinance compliance items that you need to resolve before you can obtain a building permit or be allowed
occupancy. These items including the aforementioned conditions and/or mitigation need to be shown on the
final building plans or be addressed as specified.
A. DEVELOPMENT SERVICES -BUILDING (staff contact- Mark Fick 661/326-3437)
1. An approved grading plan is required prior to final plan approval. The developer
shall submit 4 copies of grading plans and 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 plan is
approved by both the Building Division and Public Works Department.
2. The developer shall include fire resistive wall construction details with the final
building plans for all exterior walls of any building that is within 20 feet of
property lines if it is used for commercial or industrial purposes, or 5 feet of
property lines if it is used for residential purposes.
3. Include with or show on the final building plans information necessary to verify
that the project complies with all disability requirements of Title 24 of the
California Building Code.
4. The developer shall obtain all required approvals from the Kern County
Environmental Health Services Department (2700 "M" Street, Bakersfield, CA;
Ph. 661/862-8700) for any food handling facility, (ie. market, delicatessen, cafe,
concession, restaurant) before building permits can be issued.
5. Buildings or structures exceeding 10,000 square feet in area shall require
installation of an automatic fire sprinkler system.
6. The Building Division will calculate and collect the appropriate school district
impact fee at the time they issue a building permit.
8. Final building plans shall show pedestrian access pathways or easements for
persons with disabilities from public rights-of-way 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.
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Page 12 of 16 v
ORIGINAL
Exhibit A
PD Review 08-0686
B. DEVELOPMENT SERVICES - PLANNING (staff contact - Hayward Cox 661/326-3673)
9. The minimum parking required for this project has been computed based on a
shared parking model, which has estimated peak parking demand for a 500,000
square-foot regional shopping center to be 2,255 spaces.
(Note: 2692 parking spaces are shown on the proposed site plan. By ordinance, compact and
tandem spaces cannot be counted toward meeting minimum parking requirements)
10. Minimum parking stall dimensions shall be 9-feet wide by 18-feet long.
Vehicles may hang over landscape areas no more than 2Y2 feet provided
required setbacks along street frontages are maintained, and trees and shrubs
are protected from vehicles.
11. All parking lots, driveways, drive aisles, loading areas, and any other vehicular
access ways, shall be paved with concrete, asphaltic concrete (A. C.), or other
paved street surfacing material in accordance with the Bakersfield Municipal
Code (Sections 15.76.020 and 17.58.050 N.).
C. FIRE DEPARTMENT (staff contact -Dave Weirather 661/326-3706)
12. Show on the final building plans the following items:
a. All fire lanes as identified on the returned plans. 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.
b. 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 2
sets of the engineered water plans to Dave Weirather. (Note: All new
fire hydrants must be purchased from the Fire Department.)
C. 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.
13. The developer must request an inspection of any underground sprinkler feeds
at least 24 hours before they are buried. The Prevention Services Division (900
Truxtun Avenue, Suite 210, 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.
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Page 13 of 16 o
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ORIGINAL
Exhibit A
PD Review 08-0686
14. The developer shall show on the final building plans a minimum 20-foot wide
all-weather emergency access with an overhead clearance of 13 feet 6 inches
within 150 feet of all buildings on the project site. The Fire Department must
approve the final location and design of this access prior to building permits
being issued. This access shall be constructed before building occupancy will
be granted.
15. All access (permanent and temporary) to and around any building under
construction must be at least 20 feet wide, contain no vehicle obstructions, and
be graded to prevent standing water. Barricades must be in place where
ditches and barriers exist in or cross roadways. Emergency vehicle access
must always be reliable.
16. 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.
17. If you treat hazardous waste on the site, the Prevention Services Division may
require a hazardous waste "Tiered" permit before you can begin operations.
Please contact them at 661/326-3979 for further information.
18. If you store hazardous materials on the site in either an underground or a
permanent aboveground storage tank, a permit from the Prevention Services
Division is required to install and operate these tanks. The Prevention Services
Division may also require a Spill Prevention Control and Countermeasure Plan
for storage of petroleum products above ground in quantities of 1,320 gallons or
more. Please contact them at 661/326-3979 for further information.
D. PUBLIC WORKS -ENGINEERING (staff contact -George Gill burg 661/326-3997)
19. The developer shall construct curbs, gutters, cross gutters, 5-foot 6-inch wide
sidewalks, and street/alley paving along Stockdale Highway and Buena Vista
Road according to adopted city standards. These improvements shall be
shown on the final building plans submitted to the Building Division before any
building permits will be issued.
20. The developer shall install four (4) streetlights along Stockdale Highway as
shown by staff on the returned site plan. The developer shall be responsible for
providing the labor and materials necessary to energize all newly installed
streetlights before occupancy of the building or site. These improvements shall
be shown on the final building plans submitted to the Building Division before
any building permits will be issued.
21. The developer shall construct standard handicap ramps at the northeast,
northwest, southeast, southwest corners of all radius return drive approaches
according to adopted city standards. These improvements shall be shown on 8 Page 14 of 16 a
C)AIGINAL
Exhibit A
PD Review 08-0686
the final building plans submitted to the Building Division before any building
permits will be issued.
22. 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.
23. Show on the final building plans all existing connection(s) to the public sewer
system.
24. All on-site areas required to be paved (ie. parking lots, access drives, loading
areas, etc.) shall consist of concrete, asphaltic concrete (Type B, A. C.) or other
paved street material approved by the City Engineer. Pavement shall be a
minimum thickness of 2 inches over 3 inches of approved base material (ie.
Class II A. B.). This paving standard shall be noted on the final building plans
submitted to the Building Division before any building permits will be issued.
25. 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 Building Division.
26. 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.
27. 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.
28. 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.
29. A transportation impact fee for regional facilities shall be paid at the time a
building permit is issued, or if no building permit is required, before occupancy
of the building or site. This fee will be based at the rate in effect at the time the
building permit is issued. The Public Works Department will calculate an
estimate of the total fee when you submit construction plans for the project.
30. 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).
o
Page 15 of 16 ca
ORIGINAL
Exhibit A
PD Review 08-0686
E. PUBLIC WORKS -TRAFFIC (staff contact- George Gillburg 661/326-3997)
31. This project shall be subject to all applicable traffic mitigation as noted under
previously under Traffic and Circulation.
F. PUBLIC WORKS - SOLID WASTE (contacts - John Wilburn 661/326-3114)
32. 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
• Front loader bin services 1 cubic yard/week - 12 cubic yards/day
• Roll-off compactor service More than 12 cubic yards/day
33. Show on the final building plans refuse bin enclosures. Each enclosure shall be
designed according to adopted city standard (Detail #S-43). Contact Solid
Waste regarding refuse bin enclosure placement and size.
NOTE: All enclosure measurements above are inside dimensions. 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).
34. Show on the final building plans 1-3 compactor roll-off bin location(s). Please
contact staff for additional information on compactor requirements and
placement.
35. 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.
36. 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.
37. Facilities that participate in recycling operations must provide a location that is
separate from the refuse containment area.
SAGPA 1st 2008\07-2098\PD 08-0686 Conditions.doc
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Exhibit B
Preliminary Site Plan
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