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Bakersfield city. us priding over this evening's meeting chair Daniel ker good evening it is my pleasure to call to order the September 5th 2024 Planning Commission meeting Madam clerk would you please call the role chair ker here Vice chair Strickland here commissioner Basher Tosh commissioner Biddle here commissioner core here commissioner Coman here commissioner Neil Madam clerk next item please Pledge of Allegiance please stand for the pledge of allegiance to the flag United States of America and to the Republic for it stands one nation God indivisible and justice for all thank you all for attending tonight's Planning Commission meeting this commission provides provides an opportunity for public participation in the development process throughout the city of Bakersfield the Planning Commission considers a wide variety of projects including subdivision Maps zone changes General plan amendments and much more when applications are received the city planning division analyzes the request planning staff will present the facts about the project along with their recommendation to the Planning Commission who will approve an item or make a recommendation as appropriate Madame clerk next item please public statements please note in keeping with the city council's new resolution public statements are now received at different times depending on the item I will call on madam cler to call for public statements at the appropriate time so please listen carefully for the correct time to speak agenda item 3A public statements does anyone in the audience wish to address the commission regarding items listed on tonight's agenda please note if you are here for for non-consent public hearing item 6A now is not the time to speak you'll be given an opportunity to speak at a later time non-agenda item 3B public statements does anyone in the audience wish to address the commission regarding items that are not listed on tonight's agenda if so please come forward and state your name seeing none Madame clerk next item please I need to pause just for a minute to check and commissioner Neil thank you and the time that commissioner Neil showed is 5:32 agenda item four consent calendar items please note all matters listed under the consent items do not require a public hearing and will be enacted by one motion there will be no separate discussion of set items unless a staff member or commissioner requests specific items be discussed and or removed for separate action may I get a motion approving consent items 4 a and 4 B I'll make a motion commissioner Biddle I'll second commissioner Bashir Tash Commissioners please cast your votes motion passes to approve agenda items 4 a and 4 B thank you Madame clerk next item please agenda item five consent public hearing items now is the time for consent public hearing items please note if the item is not removed by a commissioner staff or member of the public the commission will vote on all items in one motion without further comment if an item is removed it will be placed at the end of the non-consent public hearing items at this time I will open all of the consent public hearing items does any member of the public wish to remove uh our single consent public hearing item um as there's no members of the public wishing to remove uh Miss king would will we forgo questions and comments since it's being referred back to staff yes the recommendation is to refer back to staff okay so do we go through the hearing or do we just um this one is under consent so it actually doesn't have a hearing heing oh yeah so we just okay got it I mean it is a hearing but it's not under non-consent thank you um we we haven't had to refer back to staff in in a a bit thank you for bearing with me um does any commissioner staff wish to remove the consent public hearing item seeing none um this time the cons public hearing items not removed are now closed may I get a motion to adopt staff's recommendation to refer item 5A back to staff so moved thank you commissioner Neil uh may I have a second commissioner Bashir thank you Commissioners please cast your votes Madame clerk next item please motion passes to refer um back to staff thank you madam clerk next item please agenda item six non-consent public hearing items now is the time for non-consent public hearing items before we begin I'd like to explain how the hearing will be conducted staff will first give a report then those in favor of the project will be allowed to speak speak those in opposition to the project will be able to speak after all of those in favor have spoken each side will then be given 5 minute total time to provide rebuttal comments individual speakers may ask questions during their statements but please note the questions will not be answered until the public hearing on that item is closed if preferred written comments may be provided to the clerk who will provide copies to the commission please remember to be respectful of others participating in the hearing um and refrain from repeating the remarks of previous speakers and presenting any new comments or thoughts in a concise and clear way Mr Johnson would you please provide us your staff report yes thank you I would uh ask that Miss Courtney camps come down she'll be presenting tonight we' like to preface her presentation to note though that this is just a subdivision of what is formerly the East Hills Mall now city lights and so the development has already been approved by your commission and minor revisions just approved on the earlier agenda so this is again just a subdivision of that parcel or those Parcels with the development services department I'm here today to present item 6A item 6A pertains to the vesting ten of parcel map 12541 this is a request to divide approximately 36.4 acres into 11 commercial Lots these lots are situated between state State Route 178 and malv Road in between South Mount bernon Avenue and Oswell Street the commercial Lots vary in size from 30,43 Ft to 23.95 Acres the location is commonly known as the East Hills Mall shopping center some key historical dates related to the project are as follows in 1980 and in 1986 the city council approved IRS to change the land use designations of the property to allow for development of the East Hills Mall East Hills Mall opened in 1988 and was demolished in 2021 August 16th 2017 city council approved zone change number 17- 0047 from PCD to C2 PCD on 36.4 One Acres November 1st 2018 Planning Commission approved a 358,000 2023 the Planning Commission approved a 3465 ft² retail commercial center June 3rd 2024 the application was submitted for minor revisions to reduce square footage to 339 Square 339,50 3qu ft on July 9th 2024 the application for vesting tenative parcel map was deemed complete the project site is vacant land surrounded by commercial development to the southwest and East with existing commercial development to the north across state route 178 access to the subdivision will be from mvw Road a private Street on the subdivision southern boundary mvw Road connects to Oswell Street to the East New Market way and Fashion Place in Bernard to the South and Mount Vernon to the West the proposed site plan has been carefully designed to ensure that is fully comp that it fully complies with the boundaries of each of the 11 Parcels outlined in the parcel map no public comments have been submitted the applicant requested some changes to conditions of approval and a memorandum was distributed to the commission this afternoon with staff's recommendation based on our assessment the proposed request is reasonable we recommend approval of vesting intive parcel map 12541 with conditions and the incorporation of changes to conditions as shown in the memo provided to you today thank you thank you the public hearing is now open is there anyone in the audience who wishes to speak in favor of the project if so please step to the microphone identify yourself and proceed seeing no speakers in favor is there anyone in the audience who wishes to speak speak in opposition to the project if so please step to the microphone identify yourself and proceed seeing no speakers in opposition does any commissioner have any questions for the applicant or staff um on this item remember this is not the time to express any opinions on the matter only asked uh questions commissioner Strickland cool thanks I I'll learn this one day uh just a question for staff could we quickly go through the memo that was sent out today and explain probably the first so 31 under public works and then 611 for the sidewalks just to understand the difference between what we saw on Friday versus today I'm going to have uh Manny with Public Works respond to these commissioner Strickland did you had a question on 3.1 yeah so I guess for 31 what was the decision to change it from mandating to keep drainage on site to submitting a separate plan to public works for approval uh the whole site drains to an existing sump right on Bernard and that's a private Street leading to malv so so everything ends up there so there is a storm drain in Malu and eventually it gets to the sump so nothing needs to be retained on site okay so the the change is that the original stipulation there was existing buildings there got shocks and other buildings everything drained to malio okay cool and then on 611 can you explain which sidewalk because I know the last time this came to the Commission in January 23 the sidewalk was majority of the conversation can take you just explain what it means by existing sidewalk that already extends from so there already is an existing sidewalk that extends from the eastern boundary along just over halfway through and so at the last Planning Commission meeting the requirement made at that time was to um continue the sidewalk to what is now pad to uh so that that condition is basically saying that rather than saying you're going to continue the sidewalk all the way to the eastern boundary we're saying you're going to connect to the existing sidewalk which goes to the eastern boundary okay so this is further confirming the January 23 absolutely yes I have no further questions thank you commissioner cin are there any other commissioner questions commissioner [Music] Coleman third times a charm but these individual Parcels they all have a condition on them that uh you know that requires them to conform to the development plan I mean could somebody come along later and buy one of those parcels and you know do something entirely different than what we planned here or yes and no so the part they're being parceled with the option that does provide an option to sell that parcel but the development um if they want to change the development that would need to come back through the Planning Commission to review that that development so go ahead I I was going to say so if they wanted to change um potentially add more restaurants add more drive-throughs that would warrant coming back to your Planning Commission um with the those changes but it doesn't we don't need to come back to your Planning Commission if they want to sell it whether it's to um TJ Maxx or sell it to one of the other retail stores and so the all the all the development conditions will still apply even to those Parcels 10 years from now when they resell it unless they come back to your commission for changes yes okay thank you I have no further questions thank you commissioner seeing no uh additional commissioner questions and as there were no speakers in favor or opposition we will forgo the rebut rebuttal period And I will close the public hearing on this item and return it to the commission for comment and action I'd like to make a motion uh approving thank you commissioner Bashir Tash do I have a second I'll second that commissioner core Commissioners please cast your votes motion passes thank you Madame clerk next item [Applause] please agenda item seven Communications does staff have any communication items uh yes I would note that tomorrow is our deadline for projects for the September 19th meeting it does not appear we're going to have any so that meeting will likely be cancelled which would mean our next meeting is scheduled for October 3rd thank you Madame clerk next item please agenda item eight commission comments does any commissioner have any comments oh commissioner Neil I just wanted to ask a question to staff outside of the hearing um just curious because that's an old um mall development and we're seeing just a change in the way that um retailers want to um build or occupy spaces and we've seen an exodus of office and Mall space just kind of generally and I just wanted to understand um the dividing the map up into I'm sorry that mall up into 11 different Parcels is that a common trend is that is that one of the ways that developers are now kind of in dealing with not H left holding you know the Hot Potato if the whole project fails I'm just curious as to the um thinking behind uh that and if that's a trend in California no a lot of commercial centers are subdivided in part um for instance a Target and a Walmart they want to own their own parcel they don't want to lease land uh so this just gives the option for the current property owner to either sell that land or lease it to a business for instance maybe a McDonald's doesn't want to own it and they don't want to lease it but this would provide the option if McDonald's changed to Burger King and Burger King wanted to own the parcel so it it is a common yes thank you that was an interesting question um thank you madam clerk next item please agenda item nine adjournment this meeting is adjourned at 5:49 everyone have a great evening let's go [Music]