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HomeMy WebLinkAboutVTPM 12492_Staff Report Cc/S:\05-Land Division\22-0474_VTPM12492_S. Allen-S.Kern River\01-Hearing & Noticing Documents\12492_Staff Report.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: May 4, 2023 AGENDA: 5.e. TO: Chair Cater and Members of the Planning Commission FROM: Paul Johnson, Planning Director J.Eng for PJ DATE: April 28, 2023 FILE: Vesting Tentative Parcel Map 12492 (Phased) WARD: 5 STAFF PLANNER: Courtney Camps, Associate Planner II REQUEST: A proposed vesting tentative parcel map to subdivide 1018.40 gross acres into 44 parcels for purposes of multi-family residential development zoned WM-R-2 (West Ming Limited Multi-Family Dwelling), WM-R-3 (West Ming Multi-Family Dwelling) and for commercial development zoned WM-TC (West Ming Town Center), including a request for deferral of improvements until future subdivision and waiver of mineral rights signatures pursuant to BMC 16.20.060 A.1. APPLICANT: OWNER: Porter & Associates, Inc. Bolthouse Land Company, LLC 1200 21st Street 11601 Bolthouse Drive, Suite 200 Bakersfield, CA 93301 Bakersfield, CA 93311 PROJECT LOCATION: West of South Allen Road, south of the Kern River Canal and north of the Southern Pacific Railroad. APN: 524-270-(-01, -02, -12, -17, -20, -22 & -24) PROJECT SIZE: 1018.40 gross acres CEQA: Section 15162 (Previous EIR) EXISTING GENERAL PLAN DESIGNATION: WM-LMR (West Ming Low Medium Density Residential), WM- HMR (West Ming High Medium Density Residential), WM-HR (West Ming High Density Residential) and WM-MU (West Ming Multiple Use) EXISTING ZONE CLASSIFICATION: WM-R-2 (West Ming Limited Multi-Family Dwelling), WM-R-3 (West Ming Multi-Family Dwelling) and WM-TC (West Ming Town Center) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING Vesting Tentative Parcel Map 12492 with conditions. SITE CHARACTERISTICS: The project site is predominately vacant land with two agriculture wells, two active oil or gas wells and one idle well. There is an existing high pressure gas transmission line that Tentative Parcel Map 12492 Page 2 traverses the northwest portion of the project site. Surrounding properties are primarily developed as: north – Kern River Canal and single family residential; east – single family residential and limited multi- family residential; south – Southern Pacific Railroad and vacant land; and west – County, vacant land. BACKGROUND AND TIMELINE: • August 29, 2007 - City Council approved the West Ming Specific Plan via General Plan Amendment/Zone Change 03-1544 and certified the related Environmental Impact Report. The West Ming Specific Plan is a master-planned community which includes residential, commercial, recreational, schools, and light industrial uses to be developed on 2, 182 acres. The master project includes a maximum of 7, 450 residential units, a Town Center with 331,200 square feet of retail and office development, 478,880 square feet of commercial and 1,135,000 square feet for light industrial and oil extraction-related special uses. • August 29, 2007 - City Council approved a Development Agreement via GPA/ZC 03-1544, which sets forth the developer’s financial responsibilities in return for the ability to proceed with the project in accordance with the existing policies, rules and regulations (Ordinance No. 4457). • May 28, 2008 - The project site was annexed into the City as part of the Allen Road No. 13 annexation (Annexation No. 493). • December 14, 2022 – Certificate of Compliance recorded for Lot Line Adjustment No. 22-0369 to adjust lot lines within the subdivision. • March 8, 2023 - The application for Vesting Tentative Parcel Map 12492 was deemed complete. PROJECT ANALYSIS: The proposed Vesting Tentative Parcel Map 12492 consists of 44 parcels on 1018.40 acres. Parcels are 20 acres or larger in size and will be developed for purposes of single and multi-family residential development and commercial development. Further subdivision of the large parcels will be required to develop the land and fees and improvements will be provided at the time of future maps. Consistency/Deviation from Design Standards. The applicant has requested deferral of improvements, dedication of street right-of-way and water availability fees until further subdivision of the parcels. Public Works and Water Resources do not object to this request for deferment of infrastructure requirements. Circulation. Access to this subdivision would be from South Allen Road (arterial street) on the subdivision's east boundary. Three streets (White Lane, Chamber Boulevard, Muirlands Parkway) are proposed to be extended through this subdivision to provide circulation within the neighborhood along with an additional proposed future street (Bolthouse Dr.) for access. The West Beltway alignment traverses the western portion of VTPM 12492 in a north-south direction. Park Land. The City of Bakersfield Recreation and Parks Department provides park and recreational services to the project site. Staff recommends park site locations to be determined at each applicable subdivision approval with future developments per the West Ming Specific Plan. Mineral Rights. The applicant is requesting the Planning Commission approve waiver of mineral rights signatures on the final map pursuant to BMC 16.20.060 A.1. as the party’s right of surface entry has been waived by recorded document prior to recordation of any final map. Staff has received evidence of surface Tentative Parcel Map 12492 Page 3 waiver; therefore, the final map shall have a statement indicating the mineral owner’s name and nature of his or her interest. Nonetheless, should ownership change, staff is recommending a condition of approval requiring that prior to recordation of the first final map, the subdivider shall provide evidence verifying surface waiver from mineral interests otherwise the subdivider must return for a public hearing for a revised tentative map before the Planning Commission in accordance with BMC 16.20.060. Staff recommends the Planning Commission approve waiver of these signatures on the final map, subject to the condition. California Department of Conservation’s Division of Geologic Energy Management (“CalGEM”) submitted a letter stating their records indicate 34 known oil or gas wells within the project boundary. Of these 34 wells, 2 are active and 1 is idle. The majority of remaining wells are not abandoned to current division requirements. Should the project be approved, Condition Nos. 30 and 31 require the applicant to consult with CalGem prior to commencement of any work in order to leak test the wells for proper abandonment and notify CalGem if any additional wells are encountered during construction activities. ENVIRONMENTAL REVIEW AND DETERMINATION: An Environmental Impact Report (“EIR”) was certified for GPA/ZC 03-1544 on August 29, 2007, in accordance with the California Environmental Quality Act (“CEQA”). No new significant impacts, nor substantial increase in severity of impacts will result with proposed VTPM 12492 from those previously identified in the EIR for GPA/ZC 03-1544. Therefore, pursuant to CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken, and no new environmental impacts have been identified. Mitigation measures from the related project have been incorporated and are attached to the resolution. The Metropolitan Bakersfield Habitat Conservation Program/Incidental Take Permit expired on January 1, 2023. The applicant is required to comply with all state and federal endangered species acts and regulations (Condition No. 31). PUBLIC NOTIFICATION: Public notice for the proposed project and environmental determination was advertised in The Bakersfield Californian and posted on the bulletin board in the City of Bakersfield Development Services Building, 1715 Chester Avenue, Bakersfield, California. All property owners within 300 feet of the project site were notified by United States Postal Service mail regarding this public hearing in accordance with city ordinance and state law. Signs are required as part of the public notification process and must be posted between 20 to 60 days before the public hearing date. Photographs of the posted signage and the Declaration of Posting Public Hearing Notice signed by the applicant are on file at the Planning Division. Comments Received. As of this writing, no written public comments have been received. CONCLUSIONS: Consistency with General Plan and Zoning Ordinance. The proposal is consistent with land use goals and policies as contained in the General Plan, which provides for accommodations of new development which channels land uses in a phased, orderly manner and is coordinated with the provision of infrastructure and public improvements (Goal No. 4); and encourages continuity of existing development and allows incremental expansion of infrastructure (Policy No. 79). Additionally, the proposed project is consistent with the Zoning Ordinance and any future development onsite will be required to comply with all applicable regulations and design standards as identified in the Zoning Ordinance. Tentative Parcel Map 12492 Page 4 Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the proposal is compatible with the existing land use designation and land uses in the surrounding area. Staff finds the proposed subdivision is reasonable and the request to waive mineral rights is consistent with BMC Section 16.20.060 A.1. Based on information in the record, Staff recommends your Commission adopt the Resolution and findings APPROVING Vesting Tentative Parcel Map 12492 as outlined in this staff report subject to the recommended conditions. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • Vesting Tentative Parcel Map 12492 (Phased) Planning Commission Draft Resolution Page 1 of 3 ATTACHMENT A DRAFT RESOLUTION NO. ________ RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE VESTING TENTATIVE PARCEL MAP 12492 (PHASED) LOCATED WEST OF SOUTH ALLEN ROAD, SOUTH OF THE KERN RIVER CANAL AND NORTH OF THE SOUTHERN PACIFIC RAILROAD. WHEREAS, Porter & Associates, Inc., representing Bolthouse Land Company, LLC, filed an application with the City of Bakersfield Planning Department requesting a Vesting Tentative Parcel Map 12492 (the “Project”), and a modification request to allow deferred improvements, consisting of 44 parcels on 1018.40 acres for residential and commercial development, as shown on attached Exhibit “C”, located west of South Allen Road, south of the Kern River Canal and north of the Southern Pacific Railroad as shown on attached Exhibit “B”; and WHEREAS, the application was deemed complete on March 8, 2023; and WHEREAS, the West Ming Specific Plan Environmental Impact Report (EIR), certified on August 29, 2007, and incorporated by reference for this Project, documents that this subdivision is a later project that will not have a significant effect; based upon an initial environmental assessment, staff has determined the Project will not significantly affect the environment and, pursuant to State CEQA Guidelines Section 15162, the EIR certified for this Project is adequate and no further environmental documentation is necessary; and WHEREAS, the Secretary of the Planning Commission, did set, Thursday, May 4, 2023, at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the proposed EIR 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 laws and regulations relating to CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and WHEREAS, the facts presented in the staff report, environmental review, and special studies (if any), and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: 1. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, at least 10 days prior to the hearing. Page 2 of 3 2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the application is a project under CEQA and Staff determined that the proposed activity is a project and an Environmental Impact Report was prepared for the original project (West Ming Specific Plan / GPA/ZC 03-1544) which encompasses the subject property, and the EIR was certified on August 29, 2007 by the City for the original project, and duly noticed for public review. 3. Said Certified EIR is the appropriate environmental document to accompany approval of the Project. In accordance with State CEQA Guidelines Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken, and no new environmental impacts have been identified. The Project will not significantly impact the physical environment because mitigation measures relating to agricultural resources; air quality; biological resources; cultural resources; geology and soils; hazardous material; hydrology and water quality; and mineral resources have been incorporated into the Project. 4. Urban services are available for the proposed development. The Project is within an area to be served by all necessary utilities and waste disposal systems. Improvements proposed as part of the Project will deliver utilities to the individual lots or parcels to be created. 5. The application, together with the provisions for its design and improvement, is consistent with the Metropolitan Bakersfield General Plan. (Subdivision Map Act Section 66473.5) The proposed density and intensity of development are consistent with the WM-LMR (West Ming Low Medium Density Residential), WM-HMR (West Ming High Medium Density Residential), WM-HR (West Ming High Density Residential) and WM-TC (West Ming Town Center) 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 request for modification(s) is consistent with sound engineering practices or subdivision design features. Per Bakersfield Municipal Code 16.32.080 C, installation of improvements would be premature and the deferral of improvements would not be detrimental to the public. Page 3 of 3 8. The conditions of approval are necessary for orderly development and to provide for the public health, welfare, and safety. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Bakersfield as follows: 1. The recitals above are true and correct and incorporated herein by this reference. 2. The EIR, certified by the City Council on August 29, 2007, in conjunction with the West Ming Specific Plan GPA/ZC 03-1544, adequately addresses the potential environmental impacts of the Project. 3. Vesting Tentative Parcel Map 12492, is hereby approved with conditions of approval and mitigation measures shown on Exhibit "A". I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on Thursday May 4, 2023, on a motion by Commissioner _____and seconded by Commissioner ______, by the following vote. AYES: NOES: ABSENT: APPROVED DANIEL CATER, CHAIR City of Bakersfield Planning Commission Exhibits (attached): Exhibit A: Conditions of Approval Exhibit B: Location Map Exhibit C: Tentative Map By CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River\01_Heraing & Noticing Documents\22-0474_RESO CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions EXHIBIT “A” VESTING TENTATIVE PARCEL MAP 12492 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. In a letter dated December 22, 2022, the applicant requested deviation from the following policy requirements: 1.1. Request deferral of construction of improvements until further subdivision of the parcels. Parcels within the tentative map are 20 acres or larger in size. Recommendation: APPROVE. 1.2. Request deferral of dedication of street right-of-way until further subdivision of the parcels. Parcels within the tentative map are 20 acres or larger in size. Recommendation: APPROVE 2. Approval of this tentative map does not indicate approval of grading, drainage lines and appurtenant facilities shown, or any variations from ordinance, standard, and policy requirements which have neither been requested nor specifically approved. 3. Prior to grading plan review submit the following for review and approval: 3.1. A drainage study for the entire subdivision shall be submitted for review and approval by the City Engineer. Drainage from this project site including street frontage shall be kept on site. Maintenance responsibility of the proposed sump/s and on-site storm drain system shall be determined with subsequent development of the site. Any necessary flowage and drainage easement shall be recorded prior to approval of grading plans. 3.2. A sewer study to include the entire subdivision and showing what surrounding areas may be served by the main line extensions. Submit verification to the City Engineer of the existing sewer capability to accept the additional flows to be generated through the development. 3.3. If the parcel map is discharging storm water to a canal, a channel, or the Kern River: In order to meet the requirements of the City of Bakersfield’s NPDES permit, and to prevent the introduction of sediments from construction or from storm events to the waters of the US, all storm water systems that ultimately convey drainage to the river or a canal shall incorporate the use of both source control BMP’s and structural treatment control BMP’s. 4. The following conditions must be reflected in the design of the improvement plans: Exhibit “A” VTPM 12492 Page 2 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions 4.1. Final plan check fees shall be submitted with the first plan check submission. 4.2. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials. 4.3. In addition to other paving requirements, on and off-site road improvements may be required from any collector or arterial street to provide left turn channelization into each street (or access point) within the subdivision (or development), where warranted and as directed by the City Engineer. Said channelization shall be developed to provide necessary transitions and deceleration lanes to meet the current CalTrans standards for the design speed of the roadway in question. 4.4. Off-site pavement and striping construction will be required to transition from the proposed/ultimate on-site improvements to the existing conditions at the time construction commences. Transitions must be designed in accordance with City Standards and/or the Caltrans Highway Design Manual. If existing conditions change during the period of time between street improvement plan approval and construction commencement, the street improvement plans must be revised and approved by the City Engineer. 5. There will be no improvements required prior to the recordation of the final map of Parcel Map 12492 as right of way dedication and improvements have been deferred until further subdivision of the parcels within the map. 6. Prior to recordation of the Final Map, the subdivider shall 6.1. Submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map which will prohibit occupancy of any lot until all improvements have been completed by the subdivider and accepted by the City. 6.2. The subdivider shall submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map containing information with respect to the addition of this subdivision to the consolidated maintenance district. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents. 6.3. If it becomes necessary to obtain any off site right of way and if the subdivider is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. 6.4. Submit for the City’s Review and approval C.C. & R.’s and Property Owner’s Association By-Laws for the use and maintenance of all non-dedicated, shared facilities. Among those non-dedicated, shared facilities will be the on-site sewer main lines and laterals and storm water retention basin(s), shared access, and associated storm drain lines and appurtenant facilities. 7. It is recommended that the on-site sewer system shall be inspected with video equipment designed for this purpose and as approved by the City Engineer. If the Exhibit “A” VTPM 12492 Page 3 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions developer chooses to video the on-site sewer system, then the following procedure is recommended: The television camera shall have the capability of rotating 360°, in order to view and record the top and sides of the pipe, as required. The video inspection shall be witnessed by the subdivider’s engineer, who will also initial and date the “Chain of Custody” form. Any pipe locations revealed to be not in compliance with the plans and specifications shall be corrected. A recorded video cassette completed “Chain of Custody” form, and a written log (which includes the stationing, based on the stationing of the approved plans, of all connected laterals) of the inspection shall be provided for viewing and shall be approved by the subdivider’s engineer prior to acceptance. After the subdivider’s acceptance of the system, the video cassette, forms, and logs shall be submitted to the City Engineer. 8. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted fees in place for the land use type at time of development. 9. 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, unless the sump is a private facility. If the sump will be privately maintained, the sump shall be constructed to City standards and shall have a wall or slatted chain link fence separating the sump from the public. 10. Drainage basins shall be reviewed and approved by both the Public Works Department and the Water Resources Department. 11. Install blue markers in the street at the fire hydrants per the Fire Department requirements. 12. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 22, 1997, and modification letter dated October 20, 2000. 13. 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. 14. This Vesting Tentative Parcel Map is located within the following Planned Sewer Area (PSA): Allen I (Resolution 103-98(1)), all fees associated with the PSA shall be paid prior to issuance of building permits. 15. This Vesting Tentative Parcel Map is located within the following Major Bridge and Thoroughfare area (MBTH): Ming West Beltway (Resolution 014-14), all fees associated with the MBTH shall be paid prior to issuance of building permits. Exhibit “A” VTPM 12492 Page 4 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions 16. This Vesting Tentative Parcel Map is located within the following Major Bridge and Thoroughfare area (MBTH): West Ming Kern River Canal (Resolution 123-16), all fees associated with the MBTH shall be paid prior to issuance of building permits. 17. Local Mitigation fees shall be paid prior to issuance of building permits. 18. Note: An application of an EOT per SMA 66452.6a must be submitted to the Public Works Department prior to the expiration of the tentative map. 19. FYI – No at grade crossings are being approved by the Railroad company. A grade separation is being proposed at the Asphalto Branch railroad. Additional right of way reservation will be required with the future subdivision of parcels within this map. FIRE SAFETY DIVISION 20. Pipeline Easements. 20.1. Concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show the easements on the final map with a notation that structures including accessory buildings, habitable portion of a structure, garage, deck/patio, swimming pools or unoccupied permanent structure, are prohibited within the setback and record a corresponding covenant. 20.2. Prior to or concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show on the final map that no habitable portion of a structure, garage, deck/patio, swimming pools or unoccupied permanent structure may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches of cover and record a corresponding covenant. 20.3. No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within 48 inches or more of cover. If a pipeline meets these criteria, the 40-foot setback line shall be shown in the final map and a corresponding covenant shall be recorded prior to or concurrently with recordation of any phase that is affected. 20.4. No habitable portion of a structure may be built within thirty (30) feet of a crude oil pipeline operating at twenty percent (20%) or greater of its design strength. 20.5. Prior to or concurrently with recordation of any phase within 250 feet of the pipeline easements, subdivider shall record a covenant disclosing the location of the pipelines on all lots of this subdivision within 250 feet of the pipelines. American Petroleum Institute Standards and Guidelines for property development 21. Fire Apparatus Access Roads and Hydrants Exhibit “A” VTPM 12492 Page 5 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions 21.1. When fire protection, including fire apparatus access roads and water supplies for protection, is required to be installed, such shall be installed and made serviceable prior to any building permit issuance and throughout the time of construction. 21.2. Dead-End fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4 (California Fire Code) Table D103.4 Requirments for Dead-End Fire Apparatus Access Roads Length (Feet) Width (Feet) Turnaround Required 0-150 20 None required 151-500 20 120-foot Hammerhead, 60-foot "Y" or 96-foot diameter cul-de-sac 501-750 26 120-foot Hammerhead, 60-foot "Y" or 96-foot diameter cul-de-sac Over 750 Special Approval Required 21.3. Fire Apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus weighing at least 75,000 pounds and shall be surfaced with the first lift of asphalt to provide all-weather driving capabilities. CITY ATTORNEY 22. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY’s sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. Exhibit “A” VTPM 12492 Page 6 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions 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 23. This subdivision shall comply with all provisions of the Bakersfield Municipal Code, and applicable resolutions, policies and standards as stated in the West Ming Specific Plan Development Agreement 07-0310. 24. The subdivision shall be recorded in no more than 30 phases. Phases shall be identified numerically and not alphabetically. Orderly development. 25. The final map shall include a statement similar to the following and as approved by the Planning Director. The subdivision is subject to the adopted West Ming Specific Plan Development Agreement 07-0310. For orderly development. 26. The subdivider’s mitigation monitor (as approved by the Planning Director) shall submit the annual progress report in January of each year with detail information and evidence of compliance with all applicable Mitigation Measures for the West Ming Specific Plan for Village A. The report shall provide information for the previous calendar year. For orderly development in accordance with the West Ming Specific Plan EIR. 27. Mineral Rights: Prior to recordation of the first final map, the following shall apply: a. Subdivider shall submit written evidence that waiver(s) of surface entry has been obtained from 100% of the mineral right interest(s) for the entire area of this tract. Written evidence shall be submitted to the Planning Director in the form of a recorded document such as a grant deed or other instrument approved by the City Attorney. The proposed lots shown underlying the drill site shall be allowed to record subject all other conditions of approval of the tentative map. b. Subdivider does not provide verification to the Planning Director that waiver of surface entry from all mineral rights owners have been obtained, the minimum 2- Exhibit “A” VTPM 12492 Page 7 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions acre drill site drill site reservation as approved by the Planning Commission shall be recorded with the first final map, and prior to or concurrently with a the final map subdivider shall: i. Record a covenant encumbering the drill site as such; ii. Record a covenant of all lots of this subdivision within 500 feet of the drill site disclosing the drill site location and possible activities; iii. Construct a six-foot high masonry wall with gate access around the drill site as shown on the tentative tract. However, upon approval by the Planning Director, wall construction may be defer until adjacent residential lots are recorded. Wall height shall be measured to the highest adjacent grade. iv. Have covenants reviewed approved by the City Attorney and Planning Director prior to recording. Required to verify compliance with BMC Section 16.20.060 A. and orderly development. 28. In the event a previously undocumented well is uncovered or discovered on the project site, the subdivider is responsible to contact the Department of Conservation’s Division of Geologic Energy Management (CalGEM). The subdivider is responsible for any remedial operations on the well required by CalGEM. Subdivider shall also be subject to provisions of BMC Section 15.66.080 (B.) Police power based on public health, welfare and safety. 29. Prior to recordation of each final map, the subdivider shall provide written confirmation to the Planning Director that the abandoned well plug been leak tested by an independent, third party, qualified leak testing company and that it shows no sign of leakage. If there is evidence of leakage, re-abandonment of the well may be required to the satisfaction of Department of Conservation’s Division of Geologic Energy Management (CalGEM), confirmation of which the subdivider shall provide to the Planning Director. Police power based on public health, welfare and safety. 30. Prior to or concurrently with recordation of any final map containing abandoned oil well, subdivider shall provide a covenant disclosing the location of abandoned oil wells and the 10-foot non-buildable radii shall be recorded. The covenant shall be submitted to the City Attorney and Planning Director for review and approval prior to recordation of the final map. Police power based on public health, welfare and safety. Biological Impact Mitigation Measures 31. Subdivider is required to comply with federal and state laws protecting certain species of plants, fish, and wildlife that are listed or proposed for listing as endangered or Exhibit “A” VTPM 12492 Page 8 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions threatened, as well as their designated critical habitat. The presence of an endangered or threatened species on private land that overlaps with development may impose certain duties, such as avoiding unauthorized take and, in some cases requiring consultation with the United States Fish & Wildlife Service and/or California Department of Fish & Wildlife agency. As a violation of the prohibition on unauthorized take can lead to civil and criminal penalties if unauthorized take occurs, property owners and developers shall take the necessary steps to ensure compliance with federal and state laws. Mitigation measure. 32. Burrowing Owl Notification: 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 Fish and Game Code prohibit the taking, possession, or destruction of birds, their nests or eggs. To avoid violation of the 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. Mitigation measure. Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 03-1544 MITIGATION MEASURES FROM ENVIRONMENTAL IMPACT REPORT: AGRICULTURAL RESOURCES 33. The applicant shall mitigate loss of 2,182 acres of agricultural lands (of the overall West Ming Specific Plan area), on a one-to-one basis, by selecting one or more of the items described below. The applicant shall submit written verification of the applicant’s compliance with this mitigation measure to the Planning Director’s satisfaction at the time of recordation of final tract maps and parcel maps for urban development or support facilities as contemplated in the West Ming Specific Plan. Compliance with this condition may be phased as the project is developed. The amount of agricultural land to be mitigated shall be equal to the amount of land being developed as each phase is developed. • Funding and/or purchase of agricultural conservation easements. Such easements shall be accepted or purchased and monitored and enforced Exhibit “A” VTPM 12492 Page 9 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions by a land trust or another appropriate entity. Funds may be used for easement purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. • Contribution of agricultural land or equivalent funding to an organization that provides for the preservation of farmland in California. Funds may be used for purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. • Purchase of credits from an established agricultural farmland mitigation bank approved by applicable governmental authority. 34. During the life of the project, if the City of Bakersfield or other responsible agency adopts an agricultural land mitigation program that provides equal or more effective mitigation than measures listed above, the applicant may choose to participate in that alternate program to mitigate loss of agricultural land impacts. Prior to participation in the alternate program, the applicant shall obtain written approval from the City of Bakersfield agreeing to the participation, and the applicant shall submit written verification of compliance with the alternate program at the same time described above in the first paragraph. 35. Agricultural land used for mitigation shall be of at least equal agricultural classification as the land being converted or be capable of being developed as such; that is, mitigation land shall be classified or developed as Prime Farmland, Farmland of Statewide Importance, etc., (as established by the California Department of Conservation in the Farmland Mapping and Monitoring Program), the mitigation acreage being at least equivalent in classification to the converted land, or being capable of producing the same or equivalent crops as the land being converted. 36. Completion of the selected mitigation measure, or with the Planning Director’s approval, a combination of the selected mitigation measures, can be on qualifying agricultural land within the San Joaquin Valley (San Joaquin, Stanislaus, Merced, Fresno, Madera, Kings, Tulare, Kern), or outside the San Joaquin Valley with written evidence that the same or equivalent crops can be produced on the mitigation land.” (EIR Mitigation Measure 5.1.A.1) AIR QUALITY 37. Prior to grading plan approval, the applicant shall demonstrate to the City of Bakersfield and the San Joaquin Valley Air Pollution Control District that all construction activities and operations will comply with local zoning codes, and District Regulation VIII (Rules 8011-8081) and implementation of all other control measures (BACMs) as stated in GAMAQI. (Mitigation Measure 5.2.B.1) 38. Prior to the approval of building permits, the applicant shall comply with District Regulation II, specifically, the project will be subject to Best Available Control Technology (BACT) in accordance with the District’s New Source Review (NSR) Rule. As a part of the District permitting process, any emissions exceeding the District’s offsetting thresholds would have to be offset back to the thresholds on a stationary source by stationary source basis. Accordingly, these NSR Offsets will reduce ROG net emissions by 22.92 tons per year (from 90.97 tons per year to 68.05 tons per year) Exhibit “A” VTPM 12492 Page 10 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions and reduce NOX net emissions by 14.00 tons per year (from 33.20 tons per year to 19.20 tons per year). (Mitigation Measure 5.2.C.1) 39. Prior to the approval of building permits, the applicant shall comply in all respects with developer’s obligations under that certain Air Quality Mitigation Agreement approved by the San Joaquin Valley Air Pollution Control District, and entered into by and between the District and developer, a copy of which is contained within the appendices of the Air Quality Assessment in Appendix C of this Draft EIR. Developer’s compliance with the Air Quality Mitigation Agreement will result in a reduction of ROG, NOX, and PM10 net emissions to zero or in quantities sufficient to fully mitigate the project’s air quality impacts to the extent that the development of the project will result in no net increase in criteria pollutant emissions over the criteria pollutant emissions which would otherwise exist without the development of the project, all as verified by the San Joaquin Valley Air Pollution Control District. Accordingly, the Air Quality Mitigation Agreement will further reduce ROG net emissions by 68.05 tons per year (from 68.05 tons per year to 0 tons per year), will further reduce NOX net emissions by 19.20 tons per year (from 19.20 tons per year to 0 tons per year), and will reduce PM10 net emissions by 38.79 tons per year (from 38.79 tons per year to 0 tons per year). It should be restated that approximately 39.42 tons per year of ROG, 28.22 tons per year of NOx, and 43.28 tons per year of PM10, from onsite agricultural emissions will be subtracted from the proposed project emissions since they will phased out as the project is developed. (Mitigation Measure 5.2.C.2) BIOLOGICAL RESOURCES 40. Prior to grading plan approval, the project applicant shall pay a Habitat Mitigation Fee in accordance with Section 15.78.030 of the City of Bakersfield Municipal Code and MBHCP. (Mitigation Measure 5.3.A.1) 41. Prior to grading plan approval, the project proponent shall comply with all appropriate terms and conditions of the MBHCP to the City regarding San Joaquin kit fox. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: • A pre-construction survey shall be conducted prior to site grading to search for active kit fox dens. The survey shall be conducted not more than 30 days prior to the onset of construction activities in areas subject to development to determine the necessity of den excavation. • Monitoring and excavation of each known San Joaquin kit fox den which cannot be avoided by construction activities. • Notification of wildlife agencies of relocation opportunity prior to ground disturbance in areas of known kit fox dens. • Excavations shall either be constructed with escape ramps or covered to prevent kit fox entrapment. All trenches or steep-walled excavations greater than three feet deep shall include escape ramps to allow wildlife to escape. Each excavation shall contain at least one ramp, with long trenches containing at least one ramp every 0.25 mile. Slope of ramps shall be no steeper than 1:1. Exhibit “A” VTPM 12492 Page 11 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions • All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. • 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 that will be implemented for the project. The orientation shall be conducted by a qualified biologist and shall include information regarding the life history of the protected species, reasons for special-status, a summary of applicable environmental law, and measures intended to reduce impacts. A report summarizing the date, time, and topics of the “tailgate” session, list of attendees and identification of qualified biologist conducting session shall be submitted to the Planning Director within 10 days of the “tailgate” session. • All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit fox or other animals. (Mitigation Measure 5.3.A.2) 42. Since kit foxes are known to exist in the general area, it is recommended that all construction personnel involved in initial ground disturbance receive sensitive species instruction prior to initial ground phases of construction. Any evidence, such as dens, should be avoided and reported to the reviewing agencies for resolution. (Mitigation Measure 5.3.A.3) a. Prior to grading plan approval, the project applicant shall comply with the following raptor nest mitigation: • If site grading is proposed during the avian nesting season (February to September), a focused survey for avian nests shall be conducted by a qualified biologist prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. • If construction is proposed to take place during the nesting season (February to September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified biologist). Habitat containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October to January). • Preconstruction surveys shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside of breeding season (September 1 through January 31), passive and/or active relocation efforts may be undertaken if approved by CDFG and USFWS. If active burrowing owl burrows are detected during breeding season (February 1 through August 31), no disturbance to these burrows shall occur in accordance with the Migratory Bird Treaty Act. (Mitigation Measure 5.3.A.4) Although the following conditions of approval are not required to reduce potential environmental impacts that are currently known to be less than significant, they are included to ensure these conditions are implemented with the West Ming EIR/West Ming Specific Plan: Exhibit “A” VTPM 12492 Page 12 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions 43. The applicant shall be required to survey for nesting raptors following the survey methodology developed by the Swainson’s hawk Technical Advisory Committee (SWHA TAC, 2000), prior to any disturbance on the project site that is within 5 miles of a potential nest tree (CDFG, 1994) to ensure that the findings in the EIR are still applicable and no new measures are required. However, if new information is found that detects an active nest of a Swainson’s hawk within 5 miles of the project site and a potential significant impact could occur, additional CEQA documentation would be required as outlined in Section 15162 of the CEQA Guidelines. This additional environmental documentation may involve consultation with CDFG. 44. The applicant shall be required to conduct trapping prior to ground disturbance activities to confirm that the Tipton kangaroo rat (Dipodomys nitratoides nitratoides) is not located on the project site. However, if new information is found that detects the Tipton kangaroo rat (Dipodomys nitratoides nitratoides) on the project site, potential significant impact could occur and additional CEQA documentation would be required as outlined in Section 15162 of the CEQA Guidelines. This additional environmental documentation may involve consultation with CDFG and United States Fish and Wildlife Service (USFWS). 45. The applicant shall be required to implement a no construction buffer zone of a minimum distance of 250 feet, unless a qualified biologist approved by CDFG verifies through non-invasive methods that either: 1) the birds have not begun egg laying and incubation; or 2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival, and that in the event burrowing owls are detected within the area of ground disturbance, passive and/or active relocation efforts may be undertaken subject to approval by CDFG and USFWS 46. The applicant shall consult with USFWS and CDFG, where applicable, prior to any ground disturbance activities. This consultation is to ensure that the findings in the EIR are still applicable and no new measures are required. However, if new information is found that identifies a potential significant impact, additional CEQA documentation would be required as outlined in Section 15162 of the State CEQA Guidelines. This additional CEQA documentation may involve obtaining a USFWS 10(a)1(b) Incidental Take Permit and/or a State Incidental Take Permit pursuant to Section 2181(b) of the Fish and Game Code. CULTURAL RESOURCES 47. Prior to grading plan approval within the project site, a qualified archaeologist shall attempt to find evidence of the previously recorded sites. If the qualified archaeologist finds evidence of the previous recorded sites, the resources shall be evaluated for significance and integrity using the criteria established in the CEQA Guidelines for unique cultural resources and/or 36 CFR 60.4 for eligibility for listing on the National Register of Historic Places. If the resources are found to be significant, specific measures shall be recommended. In addition, the Exhibit “A” VTPM 12492 Page 13 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions grading plans shall state that archaeological monitoring by a qualified archaeologist and a Native American monitor shall take place during construction excavation activities at the locations of the 10 cultural sites and 26 isolates that were previously recorded on the site within the project site. The archaeologist shall prepare a summary report of the monitoring activities and findings. The report shall be submitted to the City of Bakersfield Planning Department and other appropriate agencies within 10 days of completion of monitoring. If the qualified archaeologist does not find evidence of the previous recorded sites, the grading plans shall state that archaeological monitoring by a qualified archaeologist and a Native American monitor shall take place during construction excavation activities at the locations of the 10 cultural sites and 26 isolates that were previously recorded on the site within the project site. The archaeologist shall prepare a summary report of the monitoring activities and findings. The report shall be submitted to the City of Bakersfield Planning Department and other appropriate agencies within 10 days of completion of monitoring. Following are the specific measures. • The archaeological monitor shall attend a pre-grade meeting to explain the role of the monitor during grading activities. • If cultural resources are detected within the project area, the cultural resources must be recorded using appropriate State record forms (DPR523 series) and following guidelines in the California Office of Historic Preservation’s handbook “Instructions for Recording Historical Resources.” The archaeologist will then submit two (2) copies of the completed DPR523 forms to the Southern San Joaquin Valley Information Center for the assignment of trinomials. • If cultural resources are detected within the survey areas, they must be evaluated for significance and integrity using criteria established in the CEQA Guidelines for unique cultural resources and/or 36 CFR 60.4 for eligibility for listing on the National Register of Historic Places. • If cultural resources are found within the project footprint, appropriate mitigation measures and recommended conditions of approval must be developed to eliminate adverse project effects on significant, important, and unique historical resources, following appropriate CEQA and/or National Historic Preservation Act Section 106 guidelines. • A technical resources management report is required. The report must document the inventory, evaluation, conclusions and mitigation recommendations. Submit two copies of the completed report, with original illustrations, to the Southern San Joaquin Valley Information Center for permanent archiving. (Mitigation Measure 5.4.A.1) 48. Prior to grading plan approval, the grading plans shall state that paleontological monitoring shall take place during construction excavation activities that result in excavations of six feet below ground surface or greater within the project site. Following are the specific measures. (Mitigation Measure 5.4.C.1) Exhibit “A” VTPM 12492 Page 14 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository. • Submit a summary report to the City of Bakersfield. Transfer collected specimens with copy of report to the repository. 49. Prior to grading plan approval, the grading plans shall state that if human remains are encountered on the project site, the Kern County Coroner’s Office shall be contacted within 24 hours of the find, and all work in the immediate vicinity shall be halted until a clearance is given by that office and any other involved agencies. (Mitigation Measure 5.4.D.1) GEOLOGY AND SOILS 50. Prior to grading plan approval, an erosion control plan for construction activities that describe the best management practices (BMPs) that will be used to reduce the potential for soil erosion and loss of top soil. The erosion control plan shall be submitted to the City of Bakersfield Public Works Department for review and approval. The BMPs could include soil stabilizers and silt fencing as well as other measures. (Mitigation Measure 5.5.B.1) HAZARDOUS AND HAZARDOUS MATERIALS 51. Prior to site plan approval, applicant shall provide evidence that future active oil wells and associated equipment will meet the California Division of Oil, Gas and Geothermal Resources regulations and public health and safety regulations, or provide other assurances that residents and visitors will not be exposed to health hazards from the routine transport, use, or disposal of hazardous materials, prior to development of affected portions of the project. (Mitigation Measure 5.6.F.1) 52. Prior to grading plan approval where there is an existing drilling and/or production operations of exploration oil wells and including disposal wells, the project applicant shall have the locations surveyed, located, and marked by a licensed land surveyor or civil engineer authorized to practice land surveying. A map shall be furnished to the Office of Environmental Services showing how all existing petroleum related facilities will be protected and integrated into the proposed development. The California Division of Oil, Gas and Geothermal Resources and the City of Bakersfield development standards shall be met. (Mitigation Measure 5.6.F.2) 53. Prior to grading plan approval, all drilling and production activities shall be subject to all fire and safety regulations as required by the Bakersfield City Fire Department. The City Code 15.66.040 and 15.66.080 Well Site Development Standards Setback states that no petroleum well shall be drilled nor shall any storage tank and other production related structures be located within: Exhibit “A” VTPM 12492 Page 15 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions • 75 Feet of the right-of-way of any dedicated public street, highway, railroad or private street, or adopted specific plan line of any street or highway; • No streets may be constructed within 75 feet of any oil well unless it has been properly abandoned; • 100 Feet of any building including dwellings, except buildings incidental to the operation of the well; • 1,000 feet of sensitive receptors which include residential area, schools, daycare centers, hospital, convalescent homes and other large immobile populations; • 300 Feet of any public assembly; • 25 Feet of a storage tank or boilers, fired heaters, open flame devices or other sources of ignition; • A solid masonry wall 8 feet high shall encompass the entire well site. Two gates, as nearly opposite as possible to each other shall be installed; • Pipelines utilized for all petroleum related operations shall be buried a minimum of 3 feet below grade. (Mitigation Measure 5.6.F.3) 54. The Pipeline Development Policy of the City of Bakersfield Fire Department is as follows: • 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; • No structure may be within 40 Feet of a hazardous liquids pipeline bearing refined product, with 48 inches or more of cover; • No habitable portion of a structure may be built within 30 Feet of a crude oil pipeline operation at 20% of its design strength; • Prior to or concurrently with filing of a final map, a covenant shall be recorded on all lots of this tract, or portion thereof, which are within 250 Feet of any gas transmission lines. Covenant shall acknowledge proximity of pipeline easement to said property and describe the name, type and dimension of the pipeline. Prior to recordation, the subdivider shall submit and obtain approval of covenant wording with the City Attorney, Office of Environmental Services and City Engineer. (Mitigation Measure 5.6.F.4) Prior to recordation of a final map, any abandoned wells within the grading envelope shall have the surface area returned to its natural condition including but not limited to cleaning all oil, oil residues, drilling fluids, mud and other substances; leveling, grading or filling of sumps, ditches, and cellars including removal of all lining material to the satisfaction of the Department of Oil, Gas and Geothermal Resources. (Mitigation Measure 5.6.G.1) 55. Prior to recordation of a final map, all stained soils observed within the grading envelope near the active water wells, idle water wells, and former water wells shall be shall be tested. If the soils are found to be hazardous, the soils shall be disposed of in accordance with applicable federal, state and local regulations. The applicant shall provide the City with evidence that any hazardous soils found onsite have been disposed of in accordance with federal, state, and local laws. (Mitigation Measure 5.6.G.2) 56. Prior to recordation of a final map, a written verification shall be obtained from the Department of Oil, Gas and Geothermal Resources that abandoned wells within Exhibit “A” VTPM 12492 Page 16 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions the grading envelope were properly abandoned pursuant to their regulations. The written verification shall be submitted to the City. (Mitigation Measure 5.6.G.3) 57. Prior to recordation of final map, any lot or parcel within the grading envelope containing an abandoned well shall be encumbered with a deed restriction specifying the exact location of said well and prohibiting any construction within said 10 feet of an abandoned oil well. This is required by the City Municipal Code 15.66.080, Development encroachment in petroleum areas. (Mitigation Measure 5.6.G.4) 58. Prior to recordation of a final map, information on the location of the pipelines and any information regarding safety concerns of these pipelines shall be provided to the Bakersfield City Fire Department. Prior to grading activities, Pacific Gas and Electric Company and/or any other company with pipelines running through the affected portions of the project site shall be notified of the construction activity within the corresponding easement. If any pipelines have any problems or if a pipeline is ruptured during development, the Bakersfield City Fire Department shall be notified. (Mitigation Measure 5.6.G.5) 59. If during grading and construction, a pipeline accident occurs or potential unknown buried hazardous materials are found, and/or if unidentified materials are discovered in the testing of the soil, health and safety procedures shall be implemented. These procedures shall include, at a minimum, emergency medical, evacuation of the site and/or threatened area, and notification action. Notification shall include but not be limited to the following agencies: The City of Bakersfield, Department of Toxic Substance Control (DTSC), Bakersfield City and/or County Fire Department, and the Regional Water Quality Control Board (RWQCB). Evacuation and determination regarding the type of contamination encountered and best course of action would be determined by the ranking official and the required mediation measures shall be implemented. (Mitigation Measure 5.6.G.6) 60. Prior to grading and building plan approvals, the grading and building plans shall state that all work will stop immediately if any unknown odorous or discolored soil or other possible hazardous materials arise during any part of the testing, grading, or construction on the project site. (Mitigation Measure 5.6.G.7) 61. Prior to grading plan approval, the handling and storage of hazardous and acutely hazardous materials shall be restricted to less than threshold planning quantities within 1,000 feet of sensitive receptors which include residential areas, schools, daycare centers, hospital, convalescent homes and other large immobile populations. Sensitive receptors shall not be approved within zones of cancer risk identified by a health risk assessment of greater than 10 in 1,000,000. (Mitigation Measure 5.6.K.1) HYDROLOGY AND WATER QUALITY 62. Prior to grading plan approval, the project applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) that conforms to the State Water Resources Control Board NPDES permit in which the City of Bakersfield is a co-permitee. The SWPPP shall specify Best Management Practices (BMPs) to prevent construction- related pollutants from reaching storm water and all products of erosion from moving off-site. The SWPPP shall require approval by the State Water Resources Exhibit “A” VTPM 12492 Page 17 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions Control Board and verification of approval provided to the City of Bakersfield Planning Department. (Mitigation Measure 5.7.A.1) NOISE 63. Prior to site plan approval for commercial and industrial uses adjacent to residential uses, the project applicant shall conduct a noise study to determine the appropriate measures to reduce potential noise levels to meet the City’s noise level performance standards. If commercial and industrial uses are proposed adjacent to residential uses, appropriate measures would include setbacks, sound barrier, or a combination of both. (Mitigation Measure 5.8.C.1) 64. Prior to City approval (conditional use permit, site plan, building permit, fire department permit, etc.) for the construction of an oil well adjacent to sensitive land uses, the project applicant shall conduct a noise study to determine the appropriate measures to reduce potential noise levels to meet the City’s noise level performance standards. If sensitive land uses are proposed to adjacent existing oil wells, appropriate measures would include setbacks, sound barrier, or a combination of both. If oil wells are proposed adjacent to existing sensitive land uses, the engines associated with the oil wells could be converted to electric motors, sound barriers could be used, or setbacks could be established. (Mitigation Measure 5.8.C.2) 65. Prior to grading plan approval, the grading plans shall state that construction activities associated with development of the project site would be required to be in conformance with Section 9.22.050 of the City of Bakersfield Municipal Code which limits construction to the hours of 6 a.m. to 9 p.m. on weekdays, and between 8 a.m. and 9 p.m. on weekends, where construction occurs less than 1,000 feet from residences. (Mitigation Measure 5.8.E.1) 66. Prior to grading plan approval, the grading plans shall state that construction equipment shall be equipped with mufflers and maintained in accordance with the equipment’s factory specifications. During construction activities, the construction equipment muffler and maintenance records shall be onsite. (Mitigation Measure 5.8.E.2) TRANSPORTATION 67. Prior to the issuance of building permits, the project applicant shall participate in the Regional Transportation Impact Fee (RTIF) program as well as paying the proportional share for local mitigation improvements (those not covered by the RTIF). The intersection and roadway improvements that are required with the proposed project are as follows. The timing of these improvements is estimated below; however, all of these improvements shall be completed as the significance thresholds are reached. (Mitigation Measure 5.11.A.1) Measures 5.11.A.11 and 6.3.11.A.1 (Regional Transportation Impact Fee – Regional Mitigation) Prior to the issuance of building permits, the project applicant shall a) participate in the current, full RTIF program as modified by the Construction Cost Index (CCI) or b) mitigate everything to Level of Service C through the payment of their calculated Regional Impact Fee AND pay a local transportation impact mitigation fee. For the calculated Regional Impact Fee, the applicant shall submit Exhibit “A” VTPM 12492 Page 18 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions revised funding calculations for all improvements associated with the RTIF program pursuant to Table 10 from the project traffic study and the current policy of the Public Works Department for said calculations. Said calculations shall be updated based upon the adopted RTIF at time of further subdivision. Measure 5.11.A.11 and 6.3.11.A.1 (Local Mitigation) For impacted intersections and segments subject to fair share improvements (refer to Tables 6 & 8 from the project traffic study), prior to subdivision updated estimates shall be submitted and approved. The local mitigation fee shall be based upon the proponent’s share of the cost to upgrade the affected facilities to Level of Service C, and shall be adjusted annually by the CCI in the same manner as the Regional Transportation Impact Fee. The cost of the upgrade shall be the City’s costs and shall include, but not be limited to, all costs of obtaining and clearing right-of-way, all utility relocations, and all construction. Construction shall include but not limited to: curb, gutter, sidewalk, pavement, signal modification, landscape and wall replacement, drive approaches, catch basin replacement, additional storm drain where necessary, streetlights, striping and signing. Unit costs used in the traffic study may be outdated due to recent rises in construction costs and shall be updated as appropriate. Applicant shall participate in the improvements required on a pro-rata fair share basis, prior to the issuance of building permits, based upon the approved estimates. It is the Public Works Department’s decision as to which methodology adequately mitigates the cumulative traffic impacts associated with the project to a level of less than significant. Year 2015 Intersection • Allen Road and Westside Parkway Westbound Ramps - Construct one southbound through lane. • Allen Road and Westside Parkway Eastbound Ramps - Install signal and construct two southbound left turn lanes. • Ming Avenue and Project Entrance No. 1 - Provide all-way-stop. • Ming Avenue and South Allen Road - Install signal. • Ming Avenue and Ashe Road - Construct one southbound right turn lane. • South Allen Road and Chamber Boulevard - Install signal. • South Allen Road and Project Entrance No. 2 - Install signal. • White Lane and Campus Park Drive - Install signal. • White Lane and South Allen Road - Construct one eastbound left turn lane, one eastbound right turn lane, one westbound left turn lane, one southbound right turn lane, one eastbound through lane, two westbound through lanes, one southbound through lane, and provide overlapping phase for westbound and northbound right turn lane. • White Lane and Windermere Street - Install signal. • White Lane and Buena Vista Road - Construct two eastbound though lanes and one northbound left turn lane. • South Allen Road and Campus Park Drive - Install signal. Exhibit “A” VTPM 12492 Page 19 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions • Buena Vista Road and Campus Park Drive - Construct one southbound through lane, one eastbound left turn lane, and one eastbound through lane. • Panama Lane and Northbound Ramps West Beltway - Construct one eastbound through lane and one northbound left turn lane. • Panama Lane and South Allen Road - Construct one westbound right turn lane and one southbound right turn lane. • Panama Lane and Buena Vista Road - Construct one southbound left turn lane. • Panama Lane and Ashe Road - Construct one northbound through lane. Roadway Segment • Stockdale Highway - Gosford Road to Ashe Road - Add two lanes. • Allen Road - Stockdale Highway to Ming Avenue - Add two lanes. • South Allen Road - Ming Avenue to Chamber Boulevard - Add two lanes. • South Allen Road - Chamber Boulevard to White Lane - Add two lanes. • South Allen Road - White Lane to Campus Park Drive - Add two lanes. • South Allen Road - Campus Park Drive to Pacheco - Add two lanes. • South Allen Road - Harris Road to Panama Lane - Add two lanes. • Buena Vista Road - White Lane to Campus Park Drive - Add two lanes. • Buena Vista Road - Campus Park Drive to South Project Entrance - Add two lanes. • Buena Vista Road - South Project Entrance to Panama Lane - Add two lanes. Year 2030 Intersection • Calloway Drive and Westside Parkway Westbound Ramps - Construct one southbound right turn lane. • Calloway Drive and Westside Parkway Eastbound Ramps - Construct one northbound right turn lane. • Stockdale Highway and Buena Vista Road - Construct one eastbound right turn lane. • Stockdale Highway and Old River - Provide overlapping phase for westbound right turn lane. • Ming Avenue and Project Entrance No. 1 - Install signal and construct one eastbound right turn lane, one westbound left turn lane, one northbound right turn lane, and one eastbound through lane. • Ming Avenue and South Allen Road - Construct one northbound left turn lane, one southbound left turn lane, one eastbound through lane, one westbound through lane, one northbound through lane, one southbound through lane, and provide overlapping phase for northbound right turn lane and eastbound right turn lane. • Ming Avenue and Buena Vista Road - Construct one eastbound through lane. • Ming Avenue and Gosford Road - Provide overlapping phase for eastbound right turn lane. • South Allen Road and Chamber Boulevard - Construct one eastbound left turn lane, one westbound left turn lane, two northbound left turn lanes, one southbound left turn lane, one southbound right turn lane, one northbound through lane, and one southbound through lane. • South Allen Road and Project Entrance No. 2 - Construct one northbound left turn lane, one northbound through lane, and one southbound through lane. Exhibit “A” VTPM 12492 Page 20 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions • White Lane and Campus Park Drive - Construct one eastbound right turn lane, one eastbound through lane, two westbound through lanes, and one southbound through lane. • White Lane and South Allen Road - Construct one northbound left turn lane, one southbound left turn lane, one eastbound through lane, one southbound through lane, one northbound through lanes, and provide overlapping phase for southbound right turn lane. • White Lane and Windermere Street - Construct one westbound left turn lane, one westbound right turn lane, one northbound left turn lane, one northbound right turn lane, one southbound right turn lane, one eastbound through lane, and one westbound through lane. • White Lane and Buena Vista Road - Construct one westbound left turn lane, one northbound through lane, and one southbound through lane. • White Lane and Gosford Road - Construct one westbound through lane. • South Allen Road and Campus Park Drive - Construct two eastbound left turn lanes, one westbound left turn lane, one westbound right turn lane, one northbound left turn lane, one northbound right turn lane, one southbound left turn lane, one southbound right turn lane, and one northbound through lane. • Buena Vista Road and Campus Park Drive - Construct one westbound right turn lane, one northbound left turn lane, and one southbound right turn lane. • South Allen Road and South Allen Entrance - Install signal. • Old River Road and Harris Road - Construct one eastbound left turn lane and one westbound left turn lane. • Buena Vista Road and South Project Entrance - Install signal. • South Allen Road and Harris/Pensinger Road - Construct one northbound through lane. • Gosford Road and Harris Road - Construct one northbound through lane. • Panama Lane and Buena Vista Road - Construct one westbound left turn lane and one southbound through lane. Roadway Segment • Stockdale Highway - Buena Vista Road to Old River Road - Add two lanes. • Ming Avenue - Ming Avenue Project Entrance to South Allen Road - Add two lanes. • Ming Avenue - South Allen Road to Buena Vista Road - Add two lanes. • Ming Avenue - Old River Road to Ashe Road - Add two lanes. • Ming Avenue - New Stine Road to Old Stine Road - Add two lanes. • White Lane - West Beltway to Allen Road - Add two lanes. • Allen Road - Rosedale Highway to Brimhall Road - Provide for divided roadway. • Allen Road - Brimhall Road to Westside Parkway Westbound Ramps - Add two lanes. • Allen Road - Westside Parkway Westbound Ramps to Westside Parkway Eastbound Ramps - Add two lanes. • Allen Road - Westside Parkway Eastbound Ramps to Stockdale Highway - Add two lanes. • Allen Road - Stockdale Highway to Ming Avenue - Provide for divided roadway. • South Allen Road - Ming Avenue to Chamber Boulevard - Provide for divided roadway. Exhibit “A” VTPM 12492 Page 21 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions • South Allen Road - Chamber Boulevard to White Lane - Add two lanes and provide for divided roadway. • South Allen Road - White Lane to Campus Park Drive - Add two lanes. • South Allen Road - Campus Park Drive to Pacheco - Add two lanes. • Buena Vista Road - Ming Avenue to Chamber Boulevard - Add two lanes. • Buena Vista Road - Chamber Boulevard to White Lane - Add two lanes. • Buena Vista Road - White Lane to Campus Park Drive - Add two lanes and provide for divided roadway. • Buena Vista Road - Campus Park Drive to South Project Entrance - Provide for divided roadway. • Buena Vista Road - South Project Entrance to Panama Lane - Provide for divided roadway. • Coffee Road - Rosedale Highway to Brimhall Road - Add two lanes. • Gosford Road - Harris Road to Panama Lane - Add two lanes. UTILITIES AND SERVICE SYSTEMS 68. Prior to the issuance of building permits for the onsite water facilities (i.e., water lines and water wells), the construction and operational impacts such as noise, traffic, and air emissions on adjacent land uses need to be adequately addressed in accordance with the CEQA Guidelines. Construction activities are required to occur at times specified in the Municipal Code as well as ensure that mufflers are on the construction equipment. Operational noise levels associated with the water wells are required to be in conformance with the City of Bakersfield Noise Performance Standards. Traffic management plans need to be implemented to ensure adequate safety during construction activities. Finally, construction air emissions are required to be reduced according to the San Joaquin Valley Air Pollution Control District Guidelines and long term emissions associated with the water well pump would require an air permit from the District. (Mitigation Measure 5.12.B.1) 69. Prior to the recordation of final maps, the project applicant shall demonstrate to the City of Bakersfield Public Works Department that the existing sewer trunk lines and the existing sewer lift station on White Lane are adequate to accommodate project flows. If the development of the individual tracts result in the exceedance of the capacities of the existing facilities, the existing facilities shall be expanded or new facilities shall be constructed to adequately serve the proposed tract. (Mitigation Measure 5.12.C.1) 70. Prior to the issuance of building permits, the project applicant shall pay sewer connection fees to the City of Bakersfield Public Works Department. The fees would be used to provide adequate sewer facilities to convey wastewater from the project site to Wastewater Treatment Plan No. 3 as well as contribute to the cost to increase the capacity of the treatment plant. (Mitigation Measure 5.12.C.2) 71. Prior to the issuance of building permits for the onsite and offsite sewer facilities, the construction and operational impacts such as noise, traffic, and air emissions on adjacent land uses need to be adequately addressed in accordance with the CEQA Guidelines. Construction activities are required to occur at times specified in the Municipal Code as well as ensure that mufflers are on the construction Exhibit “A” VTPM 12492 Page 22 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions equipment. Operational noise levels associated with any sewer lift stations are required to be in conformance with the City of Bakersfield Noise Performance Standards. Traffic management plans need to be implemented to ensure adequate safety during construction activities. Finally, construction air emissions are required to be reduced according to the San Joaquin Valley Air Pollution Control District Guidelines and long term emissions associated with the lift station would require an air permit from the District. (Mitigation Measure 5.12.C.3) 72. Prior to the issuance of building permits for the onsite drainage facilities, the construction and operational impacts such as noise, traffic, and air emissions on adjacent land uses need to be adequately addressed in accordance with the CEQA Guidelines. Construction activities are required to occur at times specified in the Municipal Code as well as ensure that mufflers are on the construction equipment. Operational noise levels associated with the drainage pumps are required to be in conformance with the City of Bakersfield Noise Performance Standards. Traffic management plans need to be implemented to ensure adequate safety during construction activities. Finally, construction air emissions are required to be reduced according to the San Joaquin Valley Air Pollution Control District Guidelines and long term emissions associated with the drainage pumps would require an air permit from the District. (Mitigation Measure 5.12.E.1) CUMULATIVE IMPACTS Transportation and Traffic 73. Prior to the issuance of building permits, the project applicant shall participate in the Regional Transportation Impact Fee (RTIF) program as well as paying the proportional share for local mitigation improvements (those not covered by the RTIF). The intersection and roadway improvements that are required with cumulative development (i.e., the cumulative growth of “background-related” traffic with the addition and contribution of project-generated traffic) in the years 2015 and 2030 are as follows (Note: All project-generated impacts and corresponding mitigation measures/improvements are included in both Section 5.11 and Section 6.3.11). (Mitigation Measure 6.3.11.A.1) Measures 5.11.A.11 and 6.3.11.A.1 (Regional Transportation Impact Fee – Regional Mitigation) Prior to the issuance of building permits, the project applicant shall participate in the RTIF program. The applicant shall submit revised funding calculations for all improvements associated with the RTIF program pursuant to Table 10 from the project traffic study and the current policy of the Public Works Department for said calculations. Said calculations shall be updated based upon the adopted RTIF at time of further subdivision. Measure 5.11.A.11 and 6.3.11.A.1 (Local Mitigation) For impacted intersections and segments subject to fair share improvements (refer to Tables 6 & 8 from the project traffic study), prior to the issuance of building permits, updated estimates shall be submitted and approved. Unit costs used in the traffic study may be outdated due to recent rises in construction costs and shall be updated as appropriate. Applicant shall participate in the improvements required on a pro-rata, fair share basis, prior to the issuance of building permits, based upon the approved estimates. Exhibit “A” VTPM 12492 Page 23 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions Year 2015 Intersections • Rosedale Hwy & Allen Road - Construct one northbound through lane. • Rosedale Highway and Calloway Drive - Construct one northbound left turn lane, one northbound right turn lane, and one eastbound through lane. • Rosedale Highway and Coffee Road - Construct one eastbound through lane and one westbound through lane. • Brimhall Road and Allen Road - Construct one southbound through lane • Allen Roadway and Westside Parkway Westbound Ramps - Install signal. • Allen Road and Westside Parkway Eastbound Ramps - Install signal. • Calloway Drive and Westside Parkway Westbound Ramps - Install signal. • Calloway Drive and Westside Parkway Eastbound Ramps - Install signal. • Coffee Road and Westside Parkway Westbound Ramps - Install signal. • Coffee Road and Westside Parkway Eastbound Ramps - Install signal. • Ming Avenue and South Allen Road - Provide all-way-stop. • Ming Avenue and Gosford Road - Construct one westbound right turn lane and one northbound right turn lane - “Providing Full expansion per COB std Det T-4.” • Ming Avenue and Ashe Road - Construct one eastbound right turn lane and one northbound right turn lane. • Ming Avenue and New Stine Road - Construct one southbound right turn lane. • Buena Vista Road and Chamber Blvd. - Install signal. • White Lane and South Allen Road - Install signal. • White Lane and Buena Vista Road - Construct one southbound left turn lane and one southbound through lane. • White Lane and Ashe Road - Construct one eastbound left turn lane and one westbound left turn lane. • White Lane and Wilson Road - Construct one southbound right turn lane. • White Lane and Wible Road - Construct one westbound through lane. • Buena Vista Road and Campus Park Drive - Install signal. • South Allen Road and Harris/Pensinger Road - Install signal. • Panama Lane and West Beltway Southbound Ramps - Install signal and construct one westbound left turn lane, two southbound right turn lanes, and one eastbound through lane. • Panama Lane and West Beltway Northbound Ramps - Install signal and construct two eastbound left turn lanes, one westbound right turn lane, one northbound right turn lane, and one westbound through lane. • Panama Lane and South Allen Road - Install signal and construct two eastbound left turn lanes, one westbound left turn lane, one northbound left turn lane, two southbound left turn lanes, one westbound through lane, and one eastbound through lane. • Panama Lane and Windermere Street - Construct one eastbound through lane and one westbound through lane. • Panama Lane and Buena Vista Road - Install signal and construct one eastbound left turn lane, one westbound left turn lane, one westbound right turn lane, one northbound left turn lane, one southbound left turn lane, and one eastbound through lane. Exhibit “A” VTPM 12492 Page 24 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions • Panama Lane and Mountain Vista Drive - Construct one eastbound through lane and one westbound through lane. • Panama Lane and Gosford Road - Construct one northbound through lane and one southbound left turn lane. • Panama Lane and Reliance Drive - Install signal. • Panama Lane and Ashe Road - Install signal and construct one southbound left turn lane. • Panama Lane and Wible Road - Construct one westbound through lane, one southbound through lane, and provide overlapping phase for northbound right turn lane. • McCutchen Road and Buena Vista Road - Provide all-way-stop. Roadway Segments • Buena Vista Road - Panama Lane to McCutchen Road - Add two lanes. • Calloway Drive - Brimhall Road to WB Westside Parkway - Add two lanes • Calloway Drive -Westside Parkway Westbound Ramps to Westside Parkway Eastbound Ramps - Add two lanes • Calloway Drive - Westside Parkway Eastbound Ramps to Stockdale Highway - Add two lanes • Coffee Road - Brimhall Road to Westside Parkway Westbound Ramps - Add two lanes. • Coffee Road - Westside Parkway Westbound Ramps to Westside Parkway Eastbound Ramps - Add two lanes. • Gosford Road - Panama Lane to McCutchen Road - Add two lanes. • Rosedale Highway - Calloway Drive to Coffee Road - Add two lanes. • Stockdale Highway - Enos Road to Nord Avenue - Construct divided roadway. • Stockdale Highway - Nord Avenue to Wegis Road - Add two lanes. • Stockdale Highway - Wegis Road to Heath Road - Add two lanes • Stockdale Highway - East of New Stine Road - Add two lanes. • Ming Avenue - West Beltway to Ming Project Entrance - Construct two lane roadway • Ming Avenue - Ming Project Entrance to South Allen Road - Construct two lane roadway • Ming Avenue - South Allen Road to Buena Vista Road - Construct two lane roadway. • Ming Avenue - Ashe Road to New Stine Road - Add two lanes. • White Lane - West Beltway to South Allen Road - Construct two lane roadway. • White Lane - South Allen Road to White Lane Project Entrance - Construct two lane roadway. • White Lane - White Lane Entrance to Buena Vista Road - Construct two lane roadway. • White Lane - Wible Road to SR 99 Southbound Ramps - Add two lanes. • Panama Lane -Gosford Road to Ashe Road - Add two lanes, construct as divided roadway. • Panama Lane - Stine Road to Wible Road - Add two lanes. • Allen Road - Rosedale Highway to Brimhall Road - Add two lanes • Allen Road - Brimhall Road to Westside Parkway Westbound Ramps - Add two lanes. Exhibit “A” VTPM 12492 Page 25 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions • Allen Road - Westside Parkway Westbound Ramps to Westside Parkway Eastbound Ramps - Add two lanes. • Allen Road -Westside Parkway Eastbound Ramps to Stockdale Highway - Add two lanes. • South Allen Road - Ming Avenue to Chamber Boulevard - Construct two lane roadway • South Allen Road - Chamber Boulevard to White Lane - Construct two lane roadway • South Allen Road - White Lane to Campus Park Drive - Construct two lane divided roadway • South Allen Road - Campus Park Drive to Pacheco - Construct two lane divided roadway • South Allen Road - Pacheco Road to Harris Road - Construct four lane roadway • South Allen Road - Harris Road to Panama Lane - Construct two lane divided roadway • South Allen Road - Panama Lane to McCutchen Road - Construct two lane roadway. Year 2030 Intersections • Buena Vista Road and Harris/Pensinger Road - Install signal. • Hageman Road and Calloway Drive - Construct one northbound through lane and one southbound through lane. • Rosedale Highway and Calloway Drive - Construct one eastbound left turn lane and one westbound left turn lane. • Rosedale Highway and Coffee Road - Construct one eastbound right turn lane, one westbound left turn lane, one northbound left turn lane, and provide overlapping phase for northbound right turn lane. • Rosedale Highway & Allen Road - Construct one southbound left turn lane. • Brimhall Road and Allen Road - Construct one southbound left turn lane. • Brimhall Road and Jewetta Avenue - Construct one southbound through lane. • Brimhall Road and Calloway Drive - Construct one southbound through lane. • Brimhall Road and Coffee Road - Construct one northbound left turn lane. • Allen Roadway and Westside Parkway Westbound Ramps - Construct one westbound left turn lane and one westbound right turn lane. • Calloway Drive and Westside Parkway Westbound Ramps - Construct two northbound left turn lanes, one northbound through lane, and one southbound through lane. • Calloway Drive and EB Westside Parkway - Channelize eastbound right turn lane; and construct one southbound left turn lane, one northbound through lane, and one southbound through lane. • Coffee Road and Westside Parkway Eastbound Ramps - Construct one eastbound right turn lane, one southbound through lane, one northbound through lane, one northbound right turn lane, and southbound left turn lane. • Coffee Road and Westside Parkway Westbound Ramps - Construct one northbound left turn lane, one southbound right turn lane, one westbound left turn lane, and one southbound through lane. Exhibit “A” VTPM 12492 Page 26 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions • Truxtun Avenue and Coffee Road - Construct one northbound through lane. • Stockdale Highway and Allen Road - Construct one eastbound left turn lane and provide overlapping phase for westbound right turn lane. • Stockdale Highway and Old River Road - Construct one westbound through lane “for Full expansion per COB Det T-4. • Stockdale Highway and Gosford Road - Construct one westbound right turn lane and one northbound right turn lane. • Stockdale Highway and New Stine Road - Construct one eastbound right turn lane, one eastbound left turn lane, one northbound right turn lane, and one southbound through lane. • Ming Avenue and Buena Vista Road - Construct one westbound right turn lane, one northbound through lane, and one southbound through lane. • Ming Avenue and Gosford Road - Construct one eastbound through lane, one westbound through lane, one northbound through lane, and one southbound through lane. • Ming Avenue and Ashe Road - Construct one westbound right turn lane. • Ming Avenue and New Stine Road - Construct one eastbound right turn lane and one westbound right turn lane. • Ming Avenue and Old Stine Road - Construct one eastbound left turn lane. • White Lane and South Allen Road - Construct one northbound through lane. • White Lane and Buena Vista - Construct one westbound right turn lane. • White Lane and Old River - Construct one northbound through lane and provide overlapping phase for westbound right turn lane. • White Lane and Gosford Road - Construct one westbound left turn lane, one southbound left turn lane, one northbound left turn lane, and one northbound through lane. • White Lane and Ashe Road - Construct one southbound left turn lane and one northbound left turn lane. • White Lane and Wilson Road - Construct one eastbound left turn lane. • White Lane and Stine Road - Construct one westbound right turn lane and one southbound right turn lane. • White Lane and Wible Road - Construct one eastbound right turn lane, one northbound through lane, southbound through lane, and provide overlapping phase for northbound right turn lane. • South Allen Road and Harris/Pensinger Road - Construct one eastbound left turn lane, two eastbound right turn lanes, one westbound left turn lane, one westbound right turn lane, one northbound left turn lane, one southbound left turn lane, one southbound right turn lane, one southbound through lane, and provide overlapping phase for southbound right turn lane. • Harris Road and Old River Road - Construct one northbound through lane and one southbound through lane. • Harris Road and Gosford Road - Construct one southbound left turn lane. • Panama Lane and West Beltway Southbound Ramps - Channelize southbound right turn lane; and construct one eastbound right turn lane, one westbound through lane, and one eastbound through lane. Exhibit “A” VTPM 12492 Page 27 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions • Panama Lane and West Beltway Northbound Ramps - Construct one westbound right turn lane, one northbound right turn lane, one eastbound left turn lane and one westbound through lane. • Panama Lane and South Allen Road - Construct one eastbound right turn lane, one northbound right turn lane, one westbound through lane, and provide overlapping phases for westbound right turn lane and southbound right lane. • Panama Lane and Buena Vista Road - One eastbound left turn lane, one northbound right turn lane, one southbound right turn lane, one eastbound through lane, one southbound through lane, two northbound through lanes, two westbound through lanes, and provide overlapping phase for westbound right turn lane. • Panama Lane and Gosford Road - Construct one eastbound left turn lane, two eastbound through lanes, one eastbound right turn lane, one westbound left turn lane, two westbound through lanes, one northbound left turn lane, one northbound through lane, one northbound right turn lane, one southbound left turn lane, two southbound through lanes, and provide overlapping phase for westbound right turn lane. • Panama Lane and Mountain Vista Drive - Install signal. • Panama Lane and Reliance Drive - Construct two eastbound through lanes, one westbound through lane, and one westbound left turn lane. • Panama Lane and Ashe Road - Construct one eastbound left turn lane, one west/[bound left turn lane, one northbound left turn lane, two eastbound through lanes, one westbound through lane, and one southbound through lane. • Panama Lane and Golden Gate/Mountain Ridge Drive - Install signal. • Panama Lane and Stine Road - Construct one eastbound through lane. • Panama Lane and Wible Road - Construct one westbound left turn lane. • McCutchen Road and Buena Vista Road - Install signal and construct one eastbound left turn lane, one northbound left turn lane, one southbound left turn lane, and one southbound right turn lane. • McCutchen Road and Old River Road - Install signal. • McCutchen Road and Gosford Road - Install signal. Roadway Segments • Buena Vista Road - Stockdale Highway to Ming Avenue - Add two lanes. • Buena Vista Road - Panama Lane to McCutchen Road - Construct as divided roadway. • Calloway Drive - Hageman Road to Rosedale Highway - Add two lanes. • Calloway Drive - Rosedale Highway to Brimhall Road - Add two lanes. • Calloway Drive - Brimhall Road to Westside Parkway Westbound Ramps - Add two lanes. • Calloway Drive -Westside Parkway Westbound Ramps to Westside Parkway Eastbound Ramps - Add two lanes. • Calloway Drive - Westside Parkway Eastbound Ramps to Stockdale Highway - Add two lanes. • Old River Road - South of Taft Avenue - Add two lanes. • Gosford Road - Panama Lane to McCutchen Road - Add two lanes, construct as divided roadway. • Gosford Road - McCutchen Road to Taft Highway - Construct as divided roadway. Exhibit “A” VTPM 12492 Page 28 of 28 CC\S:\05_Land Division\22-0474_VTPM12492_S.Allen-S.Kern River12492\01_Hearing & Noticing Documents\Conditions • Stockdale Highway - Enos Road to Nord Avenue - Add two lanes. • Ming Avenue - South Allen Road to Buena Vista Road - Construct as divided roadway. • Ming Avenue - Old Stine Road to Real Road - Add two lanes. • White Lane - West Beltway to South Allen Road - Construct as divided roadway. • White Lane - South Allen Road to White Lane Project Entrance - Add two lanes • White Lane - White Lane Entrance to Buena Vista Road - Add two lanes roadway. • White Lane - Gosford Road to Ashe Road - Add two lanes. • White Lane - Stine Road to Wible Road - Add two lanes. • White Lane - Wible Road to SR 99 Southbound Ramps - Add two lanes. • Panama Lane - Gosford Road to Ashe Road - Add four lanes. • Panama Lane - Ashe Road to Stine Road - Add four lanes. • Panama Lane - Stine Road to Wible Road - Add two lanes. • Panama Lane - Wible Road to SR 99 Southbound Ramps - Add two lanes. • Allen Road - Brimhall Road to Westside Parkway Westbound Ramps - Construct as divided roadway. • Allen Road - Westside Parkway Westbound Ramps to Westside Parkway Eastbound Ramps - Construct as divided roadway. • Allen Road -Westside Parkway Eastbound Ramps to Stockdale Highway -Construct as divided roadway. • South Allen Road - White Lane to Campus Park Drive - Construct as divided roadway. • South Allen Road - Campus Park Drive to Pacheco Road - Construct as divided roadway. • South Allen Road - Pacheco Road to Harris Road - Add two lanes, construct as divided roadway. • South Allen Road - Harris Road to Panama Lane - Construct as divided roadway. Mineral Resources 74. Prior to recordation of any final map, the project applicant shall submit a petroleum integration plan for the entire Parcel Map 11838 area, that shows how all existing petroleum-related facilities will be protected and integrated into the proposed development and provides documentation of compliance with Section 17.46.010 and Section 15.66 of the City Municipal Code. Note: This GPA/ZC 03-1544 condition of approval was satisfied in October 2009 with the approved Petroleum Integration Plan for Final Parcel Map No. 11838, based on the obligation that the integration plan will identify any and all wells to be leak tested and abandoned to the satisfaction of DOGGR based on setback requirements.