HomeMy WebLinkAboutRES NO 132-2021RESOLUTION NO. 13 2 2 0 21
A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL TO UPHOLD THE
APPEAL AND APPROVE TENTATIVE TRACT MAP 7383 DATED JULY 1,
2021, IN THE E (ESTATE) AND E -CH (ESTATE - CHURCH) ZONE
DISTRICT, LOCATED AT THE NORTHWEST CORNER OF REINA ROAD
AND OLD FARM ROAD
WHEREAS, in accordance with the procedure set forth in the provisions of Title 16
of the Municipal Code of the City of Bakersfield, Montbatten Place Residents, filed an
appeal of the Planning Commission's approval of Tentative Tract Map 7383 located at
the northwest corner of Reina Road and Old Farm Road, as shown on the attached
(Exhibit "B"); and
WHEREAS, Montbatten Place Residents, the appellant, filed a written appeal with
the City Clerk on March 15, 2021; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as Wednesday, May 5, 2021, in the Council Chambers of City Hall, 1501 Truxtun
Avenue, ;Bakersfield, California, as the time and place for a public hearing before said
City Council on said appeal, and notice of the public hearing was given in the manner
provided in Title Sixteen of the Bakersfield Municipal Code; and
WHEREAS, the public hearing was continued to June 2, 2021; and
WHEREAS, on June 2, 2021 the public hearing item was referred back to staff for
re -advertisement at a future date since staff and applicant were working a solution;
WHEREAS, the public hearing was re -noticed for July 16, 2021; and
WHEREAS, the applicant amended Tentative Tract Map 7383 (Exhibit A-3) to
incorporate comments made by the appellant in their stated appeal, and the
amendments were reviewed by City staff and found to remain in compliance with CEQA.
WHEREAS, testimony was heard during the public hearing of the City Council; and
WHEREAS, Jonathan Zumwalt, representing Roman Catholic Bishop of Fresno, a
Corporation Sole, filed an application requesting approval of Tentative Tract Map File
No. 7383 ion that certain property in the City of Bakersfield as shown on the attached
(Exhibit "A-3"); and
WHEREAS, the original Tentative Tract Map 7383 consisted of 24 residential lots, one
sump lot, and one 15.67 -acre lot as a remainder on approximately 26 acres for single-
family residential development, zoned E (Estate) and E - CH (Estate - Church) as shown
on attached Exhibit "A-2"; and
WHEREAS, the Secretary of the Planning Commission, did set Thursday, March 4,
2021, 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
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consider the Addendum to the previously adopted Mitigated Negative Declaration and
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 application was deemed complete on January 15, 2021; 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, an initial study was conducted and it was determined that the Project
would not have a significant effect on the environment and an Addendum to the
Mitigated Negative Declaration for Project No. ZC #11-0271, was prepared in
accordance with California Environmental Quality Act (CEQA); and
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WHEREAS, as a result of the written appeal to the approved map, Staff and
applicant were directed to look into a possible solution; and
WHEREAS, on July 1, 2021, applicant submitted Tentative Tract Map 7383 dated
July 1, 2021 (Exhibit A-3) which consists of Dolcetto Street designed as a cul-de-sac.
WHEREAS, the amendments to Tentative Tract Mao 7383 were reviewed by City
staff and found to remain in compliance with CEQA.
WHEREAS, during the hearing, the City Council considered all facts, testimony, and
evidence concerning the staff report, and the Planning Commission's deliberation, and
action.
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
evidence received both in writing and by verbal testimony at the above referenced
public hearing support the findings contained in this resolution; and
WHEREAS, the Council has considered and hereby make the following finding:
1. All required public notices have been given. Hearing notices regarding the amended
Project were mailed to property owners within 300 feet of the amended 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 initial study was
prepared for the original project (Project No. ZC 11-0271) of the subject property and
a Mitigated Negative Declaration was adopted on December 14, 2011 by the City
Council for the original project, and duly noticed for public review.
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3. Said prepared an Addendum to said Mitigated Negative Declaration for the Project.
No changes were determined and said Mitigated Negative Declaration with
Addendum are 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 ZC 11-0271 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 tie SR (Suburban Residential) 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.
8. The appeal is upheld and Tentative Tract Map 7383 dated July 1, 2021 is approved.
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NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals and findings incorporated herein, are true and correct.
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2. The decision of the Planning Commission is upheld, subject to mitigation measures
and conditions of approval shown in attached Exhibit A-1.
3. The appeal is upheld.
4. Tentative Tract Map 7383 dated July 1, 2021 by the Licensed Land Surveyor is hereby
approved, subject to the mitigation measures and conditions of approval shown in
attached Exhibit A-1.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on July 14, 2021, by the
following vote:
COLINCILMEMBER: ARIAS GONZALES, WaR, SMITH, FREEMAN; GRAY, PAR ER
NOES: COLINCILMEMBER:
ABSTAIN: COLINCILMEMBER: 0104
ABSE COLINCILMEMBER:�/��, t- _
J LIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED JUL 14 2021
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA!GENNARO
City Attorn
By -
1191
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IRIDIANA G LARDO-KING
Deputy City Attorney
Exhibits:
Location Map with Zoning
Amended Tentative Map
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ORIGINAL
EXHIBIT "A-1"
TENTATIVE TRACT MAP 7383
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. Approval of this tentative map does not indicate approval of grading, drainage
linespnd appurtenant facilities shown, or any variations from ordinance, standard,
and; policy requirements which have neither been requested nor specifically
approved.
2. Prior'to grading plan review submit the following for review and approval:
2.1. A drainage study for the entire subdivision. Drainage from this tract shall be
kept on site. The proposed sump and storm drain shall be privately
maintained. A flowage and drainage easement shall be recorded accepting
public water prior to approval of the grading plan.
2.2 If the project is discharging storm water to a canal, a channel, or the Kern
j River: In order to meet the requirements of the City of Bakersfield's NPDES
1 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 include both source
control Best Management Practices (BMPs) and structural treatment control
BMPs.
2.3 A sewer study to include providing service to the entire subdivision and
;showing what surrounding areas may be served by the main line extensions, if
applicable.
2.4 .Sewer service will be provided by North of the River Sanitary District (NORSD).
Please contact NORSD for their planning, design, and construction
requirements.
3. The following conditions must be reflected in the design of the improvement plans:
3.1. ! Final plan check fees shall be submitted with the first plan check submission.
3.2. Per Resolution 035-13 the area within the Tract shall implement and comply
!with the "complete streets" policy. Complete streets will require pedestrian
:and bicycle access to the Tract from existing sidewalks and bike lanes. If
;there is a gap less than '/4 mile then construction of asphalt sidewalks and
bike lanes to the tract will be required.
3.3. ;Install traffic signal interconnect conduit and pull rope for the frontage in all
arterials and collectors. Install conduit and pull ropes in future traffic signal
locations.
3.4. 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
channelization shall be developed to provide necessary transitions and
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Exhibit "A-1 "
TTM 7383
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deceleration lanes to meet the current CalTrans standards for the design
speed of the roadway in question.
3.5. j 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.
4. The subdivider is responsible for implementing the following:
4.1. The phasing map as submitted may be unbalanced with respect to the
required improvements along the tract frontages. Therefore, in order to
promote orderly development, each phase shall be responsible for an equal
dollar amount of frontage improvement. Prior to recordation of each final
map for any phase that does not construct its share of the improvements, the
difference between the cost of the frontage improvements constructed and
the phase share shall be placed into an escrow account. The money
deposited in this account would be for the use of the developer of any future
phase responsible for more than its share of improvements. The final per lot
share will be based upon an approved engineer's estimate. In lieu of the use
of an escrow account, the developer may choose to construct with each
j phase its proportionate share of the frontage improvements, with approval of
the City Engineer.
4.2. !The following conditions are based upon the premise that filing of Final Maps
will occur in the order shown on the map with Phase 1 first, then Phase 2, then
Phase 3, etc. If recordation does not occur in that normal progression, then,
prior to recordation of each final map, the City Engineer shall determine the
extent of improvements to be done with that particular phase.
4.2.1. The following shall occur with Phase 1:
4.2.1.1. Construct Reina Road for the full extent of the street lying within the
tract's boundary.
4.2.1.2. Construct Old Farm Road for the full extent of the street lying within
the tract's Boundary.
14.2.1.3 Construct the trail along Old Farm Road per the Western Rosedale
Specific Plan. (Equestrian Trail standard)
4.2.1.4. Construct Dolcetto Street and Mountbatten Place to local street
standards (60 feet R/W) from north boundary line of Lot 1 to west
boundary line of Lot 12.
4.2.1.5. A 14' wide access with 2" AC paving would be required from
Dolcetto Street to the sump entrance. A private flowage and
drainage easement would be required for the 20' wide access
easement, shown on the final map. No structure or building shall be
built on or over the easement. A 14' access gate for entry into Lot A
is required and shall be located at the northwest corner of Lot A,
being the point where the access easement terminates.
14.2.16. Prior to recordation or concurrently with recordation of each final
map, subdivider shall create a Homeowners Association (HOA) and
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Exhibit "A-1" Page 3 of 9
TTM 7383
CC&Rs for the subdivision, as approved by the City Attorney and City
Engineer to maintain the common areas including, access road to
Lot A (private sump), any landscaping within the 20' wide easement,
and private Lot A. Prior to recordation, subdivider shall submit HOA
and CC&Rs to the City for review and approval.
* 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.
4.3. 'The subdivider is responsible for verifying that existing streets within the
boundary of the tract are constructed to city standards and he will
reconstruct streets within the boundary if not to standard.
4.4. The use of interim, non-standard drainage retention areas shall be in
accordance with the drainage policy adopted by letter dated January 24,
1997, as modified by the October 20, 2000.
4.5. 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 complying with the requirements of the Clean
Water Act are required.
4.6. All lots with sumps and water well facilities will have wall and/or slatted chain
link fence and landscaping to the appropriate street standards, at the
building setback with landscaping as approved by the Public Works and
Parks Directors.
Public access to public sumps for maintenance shall be provided by public
streets unless otherwise approved.
4.7. Drainage basins shall be reviewed and approved by both the Public Works
Department and the Water Resources Department.
4.8. Install blue markers in the street at the fire hydrants per the Fire Department
requirements.
5. Prior to recording the first final map:
5.1. The City Council must have taken final action for inclusion of this tract within
the Consolidated Maintenance District.
5.2. '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.
6. Prior;to recording each final map:
6.1. All facilities within the boundaries of this subdivision identified by the
approved drainage study shall be constructed in accordance with the plans
approved by the City Engineer, and all easements required shall be
provided.
6.2. The subdivider shall submit an enforceable, recordable document approved
by the City Attorney to be recorded concurrently with the Final Map which
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Exhibit "A-1 " Page 4 of 9
TTM 7383
will prohibit occupancy of any lot until all improvements have been
completed by the subdivider and accepted by the City.
6.3. 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. Said covenant shall also contain
information pertaining to the maximum anticipated annual cost per single
family dwelling for the maintenance of landscaping associated with this tract.
Said covenant shall be provided to each new property owner through
escrow proceedings. If the parcel is already within a consolidated
maintenance district, the owner shall update the maintenance district
documents, including a Proposition 218 Ballot and Covenant, which shall be
signed and notarized.
7. Priorlto Notice of Completion:
7.1 The storm drain system, including the sump, shall be inspected and any debris
removed.
8. Street Name Signs (SNS):
8.1 Metro Size SNS shall be installed at the intersection of local streets with Arterial
and collector streets.
8.2 ! Standard SNS shall be installed at all other locations.
WATER RESOURCES
9. Prior to recordation of each final map, subdivider shall record a covenant
affecting each lot prohibiting the pumping and taking of groundwater from the
property for any use off the property; provided, however, such pumping and
takirig may be carried out by the authorized urban water purveyor which provides
water service to the subdivided land, or by a county -wide governmental entity
with' water banking powers, and such pumping is part of an adopted water
banking program that will not have a significant adverse impact on the
grouIndwater levels or diminish the quality of water underlying the subdivision.
Orderly development and as required by BMC Section 16.40.101.B.
10. The Developer shall form a new Maintenance District for future maintenance of
storm drain sump facilities. Undeveloped parcels within an existing Maintenance
District are required to update Maintenance District documents. Updated
documents, including Proposition 218 Ballot and Covenant, shall be signed and
notarized. (Note - If already within a maintenance district, the maintenance district
form! may need to be updated)
FIRE SAFETY DIVISION
11. Pipeline Easements.
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ORIGINAL
Exhibit "A-1 "
TTM 7383
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11.1i 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 and
swimming pools, are prohibited within the easements and record a
corresponding covenant.
11.21 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 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.
11.3 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 this
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.
11.41 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.
11.5 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.
Public health, safety and welfare.
RECREATION AND PARKS
12. Priorito recordation of a final map, the subdivider shall pay an in -lieu fee based on
a park land dedication requirement of 2.5 acres per 1000 population in
accordance with Chapter 15.80 of the Bakersfield Municipal Code. If the number
of dwelling units increases or decreases upon recordation of a final map(s), the
park; land requirement will change accordingly. Refer to BMC Chapter 15.80 and
the Planning Information Sheet regarding calculation and payment of in -lieu fee.
This ;subdivision is located within the boundaries of the North of the River
Recreation and Park District.
BMG Chapter 15.80 requires the Planning Commission to determine if a subdivider
is to dedicate park land, pay an in -lieu fee, reserve park land or a combination of
these in order to satisfy the City's park land ordinance for North of the River
Recreation and Park District. Staff is recommending this condition in accordance
with BMC Chapter 15.80.
13. PriorJo recordation of each final map, the subdivider shall provide the Planning
Department written proof/verification from North of the River Recreation and Park
District that said project is within the North of the River Recreation and Park District
maintenance district.
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CITY ATTb'RNEY
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ORIGINAL
Exhibit "A-1 "
TTM 7383
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14. In consideration by the City of Bakersfield for land use entitlements, including but
not ilimited 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.
PLANNING
15. 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.
16. The subdivision shall be recorded in no more than two phases. Phases shall be
identified numerically and not alphabetically.
Orderly development.
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.
Reqbired 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. 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 (GEM) (formally Division
of Oil, Gas, and Geothermal Resources (DOGGR)). The subdivider is responsible for
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Exhibit "A-1 " ! Page 7 of 9
TTM 7383
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any remedial operations on the well required by CaIGEM. Subdivider shall also be
subject to provisions of BMC Section 15.66.080 (B.)
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Police power based on public health, welfare and safety.
19. Upon the development of the Designated Remainder, the developer will either
apply for a subdivision map or a Certificate of Compliance for the Designated
Remainder.
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Subdivision Map Act Section 66424.6
20. Priorii to recordation of the final map, the subdivider shall construct a 6 -foot high
masonry wall, as measured from the highest adjacent grade, along the common
property line depicting residential lots abutting the E -CH (Estate -Church) zoning.
BMC Section 16.28.170 K allows Planning Commission to require wall based on a
finding that it is necessary for orderly development.
21. Priori to recordation of a final map, subdivider shall submit and obtain approval of
a Substantial Conformance application, which depicts the cul-de-sac design of
the southern terminus of Dolcetto Street with all residential lots within Tentative
Tract Map 7383 fronting on Dolcetto Street and Reina Road. The Substantial
Conformance map shall reflect the design shown in attached Exhibit A-3, and be
subject to, but not limited to the following:
• All lots shall meet City standards in lot size and dimensions;
• S;treet improvements for Dolcetto Street shall meet City standards, as approved
by the City Engineer.
• Subdivider shall submit evidence of approval from North of the River Sanitation
District (NORSD) related to sewer service, location of manholes, and
easements.
•
Subdivider shall be required to show and construct/relocate street
irnprovements including but not limited to curb, gutter, sidewalk, street lights,
utilities, and adjacent driveways, at the eastern terminus of Montbatten Place,
as approved by the City Engineer.
•
Subdivider shall construct a minimum six (6) foot high wall as measured from
Highest side, at the terminus of Montbatten Place right -of way, as approved by
the Planning Director.
Safety and orderly development.
MITIGATION MEASURES
ZONE CHANGE #11-0271 (ORDINANCE NO. 4654)
22. Prior! to ground disturbance, the developer shall have a qualified biologist survey
the Ilocafion for species covered under the Metropolitan Bakersfield Habitat
Conservation Plan incidental take permit for urban development (Tipton kangaroo
rat, San Joaquin kit fox, San Joaquin antelope squirrel, & Bakersfield cactus) and
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Exhibit "A-1 "
TTM 7383
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comply with the mitigation measures of the permit. Survey protocol shall be that
recommended by the California Department of Fish and Wildlife. Developer shall
be subject to additional mitigation measures recommended by the qualified
biologist. A copy of the survey shall be provided to the Community Development
Department and wildlife agencies no more than 30 days prior to ground
disturbance.
The current MBHCP expires on February 28, 2022. To ensure take of covered
species does not occur after the expiration date, fees must be paid no later than
August 31, 2021 and all covered activities must be completed by the MBHCP
expiration date of February 28, 2022. As determined by the City, only projects
ready to be issued an urban development permit, grading plan approval, or
building permit will be eligible to pay fees under the current MBHCP. 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.
Urban development permits issued after the 2022 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 & Wildlife Service (USFWS) and the
California Department of Fish and Wildlife (CDFW).
Orderly development. Updated to current MBHCP implementation agreement.
23. Prior to ground disturbance, the subdivider shall have a qualified consultant survey
the Location for burrowing owl, and comply with the provisions of the Migratory Bird
Treaty Act (META) of 1918 (16 U.S.C. 703-711). A copy of the survey shall be
provided to the Planning Department prior to ground disturbance. Survey protocol
shall, be that recommend by the State Department of Fish and Game.
The burrowing owl is a migratory bird species protected by international treaty
under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA
makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird
listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products,
except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503,
3503.5, and 3800 of the California Department of Fish and Game Code prohibit
the take, possession, or destruction of birds, their nests or eggs. To avoid violation
of the take provisions of these laws generally requires that project -related
disturbance at active nesting territories be reduced or eliminated during critical
phases of the nesting cycle (March 1 - August 15, annually). Disturbance that
causes nest abandonment and/or loss of reproductive effort (e.g., killing or
abandonment of eggs or young) may be considered "taking" and is potentially
punishable by fines and/or imprisonment.
24. Prior to ground disturbance, the subdivider shall have a qualified consultant survey
the ;location for kit fox, and comply with the provisions of the Metropolitan
Bakersfield Habitat Conservation Plan. Survey protocol shall be that
recommended by the State Department of Fish and Game. Subdivider shall be
subject to the mitigation measures recommended by the consultant. A copy of
TJ\S:\TRACTS\7383\Appea l\CC Appeal Hearing 7-14-21 \Viri Edifs_8 July 2021 \Appeal\ -Revised Conditions of�v6AK4C9
Approval.docx �.n
�ORIGINAL
Exhibit "A-1 "
TTM 7383
Page 9 of 9
the i survey shall be provided to the Planning Department prior to ground
disturbance.
25. Prior; to any ground disturbance, all employees, contractors or other persons
involved in the construction of the project shall attend a "tailgate" session
informing them of the biological resource protection measures which will be
implemented for the project. The orientation shall be conducted by a qualified
biologist and shall include information regarding biological resources of the local
ared, reasons why biological resources are to be preserved and reviewed by a
qualified biologist to determine significance, examples of possible biological
resources, summary of applicable environmental law, procedures to follow if a
possible listed species is found, and measures intended to reduce impacts.
I
26. Within 15 days of holding said "tailgate" session, the biologist shall submit a
summary report to the Planning Director verifying the following: 1) when and
where the session took place; 2) topics discussed in the session; 3) session
attendance roster. Submittal of said report will signify completion of the program
to mitigate impacts on biological resources.
Mitigation measures (Condition Numbers 20-24) as recommended by Pruett &
Associates, Preliminary Biological Assessment, Jan. 201 1)
;
27. 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.
i
28. If human remains are discovered during ground disturbance, all work shall stop
and, provisions of the state Health and Safety Code section 7050.5 shall be
observed by qualified professionals.
i
Mitigation measures (Condition Numbers 25-26) as recommended by Hudlow,
Cultural Resources Survey, Jan 2011).
TJ\S:\TRACTS\7383\Appea l\CC Appeal Hearing 7-14-21 \Viri Edits -8 July 2021 \Appeal\ -Revised Conditions of
Approval.docx
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