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HomeMy WebLinkAboutVTTM 7431_Staff Report S:\05_Land Division\7431\1PC Docs\Draft\7431_Staff Report.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: September 21, 2023 AGENDA: 5.b. TO: Chair Bashirtash and Members of the Planning Commission FROM: Paul Johnson, Planning Director DATE: September 15, 2023 FILE: Vesting Tentative Tract Map 7431 (Phased) WARD: 3 STAFF PLANNER: Courtney Camps, Associate Planner REQUEST: A proposed vesting tentative tract map to subdivide 95.21 acres into 299 single-family residential lots, 9 landscape lots, 1 sump lot, and 1 existing drainage basin in the R-1 (One Family Dwelling) and R-1-HD (One Family Dwelling – Hillside Development) zones, including a request for alternate lot and street design, and to waive mineral rights signatures pursuant to BMC 16.20.060 A.1. APPLICANT: OWNER: McIntosh and Associates Vista Montaire, LLC P.O. Box 21687 532 Camino Mercado Bakersfield, CA 93390 Arroyo Grande, CA 93420 PROJECT LOCATION: Northeast corner of Paladino Drive and Masterson Street in northeast Bakersfield APN: 386-050-62 PROJECT SIZE: 95.21 acres CEQA: Section 15162 (MND) EXISTING GENERAL PLAN DESIGNATION: LR (Low Density Residential) EXISTING ZONE CLASSIFICATION: R-1 (One Family Dwelling) and R-1-HD (One Family Dwelling – Hillside Development) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING Vesting Tentative Tract Map 7431 (Phased) with conditions. SITE CHARACTERISTICS: The project site is vacant land. Surrounding properties are primarily developed as: north – 10-acre future City Park, vacant land, and single family residential; east - vacant land and single family residential; south – Cal Water Booster Pump and vacant land; and west - vacant land and single family residences. Vesting Tentative Tract Map 7431 Page 2 BACKGROUND AND TIMELINE: • August 24, 1977 - This site was annexed into the City as part of a larger annexation (Annexation 240, Rio Bravo Annexation) (Ordinance No. 2370). • March 26, 2003 - City Council approved Vesting Tentative Tract Map (VTTM) 6137 on an appeal by the Sierra Club (appeal denied). VTTM 6137 consists of 316 single-family lots and various open space lots. It should be noted that VTTM 6137 contained one large lot that was intended to be further subdivided for single family development with a separate tentative map. VTTM 7431 is the proposed subdivision of that lot (Resolution No. 055-03). • August 6, 2020 - Planning Commission approved TPM 12334 to subdivide 596 acres into two parcels for future single family residential development. The two parcels consisted of one parcel containing the land area of VTTM 7431 and the second parcel consisted of the remaining unrecorded portion of VTTM 6137. This created a separate legal lot to facilitate the tentative map application for VTTM 7431 (Resolution No. 43-20) • July 19, 2023 - The application for Vesting Tentative Tract Map 7431 was deemed complete. PROJECT ANALYSIS: The applicant is requesting a vesting tentative tract to subdivide 95.21 acres into 299 single-family residential lots, 9 landscape lots, 1 sump lot, and 1 existing drainage basin. The residential lots range in size from 6,572 square feet to 35, 497 square feet, and the typical lot size is approximately 60 feet wide by 110 feet deep (6,600 square feet). The net density is 4.77 units per net acre which is consistent with the LR designation of the project site of less than or equal to 7.26 dwelling units per net acre. Circulation. Access to this subdivision would be from Paladino Drive (collector street) on the subdivision's south boundary, Masterson Street (arterial street) to the west, and Grand Canyon Drive (collector street) to the north. Along the northeast boundary Marquis Drive (local street) is proposed to be extended through this subdivision to provide circulation within the neighborhood. Park Land. The City of Bakersfield Recreation and Parks Department provides park and recreational services to the project site. The nearest existing City park is City in the Hills Park located approximately one mile south of the project site. In 2007, the City acquired 10-acres along this subdivision’s north boundary for a future park. The park land requirement for VTTM 7431 is not addressed in the 2007 agreement (Agreement No. 07-413); therefore, staff recommends payment of in-lieu fees to satisfy the park land requirement of Bakersfield Municipal Code (“BMC”) Chapter 15.80 (Condition No. 15). Geohazard (Alquist-Priolo Seismic) Areas There are two separate but known Alquist-Priolo (Seismic) zones located on the western side of VTTM 7431. Each zone traverses in a northwest to southeast direction. State law requires these zones be investigated by a specific geological report prepared by a qualified geologic professional. Soils Engineering, Inc. conducted a Geological Investigation and recommended the following two items that have been incorporated as conditions of approval/mitigation measures (Condition No. 33 and 34): 1. Require a 50-foot setback from the identified fault locations for structures of human occupancy. 2. If structures for human occupancy are proposed for other areas within the fault zones and outside the areas studied by this report, additional geological investigation needs to be conducted. Vesting Tentative Tract Map 7431 Page 3 The applicant designed the lot layout to comply with the 50-foot structure setback. Each of these residential lots subject to the seismic zone are over-sized to accommodate a development envelope to meet zoning setbacks. Nonetheless, staff recommends that the subdivider record a covenant on these lots to disclose to the property owner habitable structures are prohibited within the seismic zones (Condition No. 30). 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 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 Section 16.20.060. Staff recommends the Planning Commission approve waiver of these signatures on the final map, subject to the condition (Condition No. 27). The applicant submitted a letter stating that the California Department of Conservation’s Division of Geologic Energy Management (CalGEM) stated that the project site is beyond their administrative boundaries of any oil or gas fields. There are no known wells on the property and no known active operators of record. If a well is uncovered, the subdivider must consult with CalGEM regarding proper abandonment of the well, in accordance with the municipal code (Condition No. 26). Consistency/Deviation from Design Standards. The applicant requested five (5) deviations from City standards as listed below in Table A. Except as otherwise described in this staff report, the proposed project, subject to the conditions of approval, complies with the ordinances and policies of the City of Bakersfield. Table A. Deviation Requests REQUEST APPLICANT’S REASON/JUSTIFICATION STAFF COMMENT/ RECOMMENDATION 1) Double frontage lots for Phase 1 Lots 16-40 Phase 2 Lots 14-18, 45-55 Phase 3 Lots 15-31 Phase 4 Lots 5-18 Common lot and street layouts throughout the City utilize this lot and street layout. Proposed double frontage lots are reasonable due to such controlling factors as traffic, safety, appearance and setback. The request for modification is consistent with subdivision design features - APPROVE 2) Reversed corner lots for Phase 2 Lots 11, 12, 29, 30, 32, 33, 34, 44, 45, 55, 57, 61, 67, 68, 74 & 83 Phase 3 Lots 1, 2, 12 &14 Phase 4 Lots 48, 49, 50 & 56 Unique shape and dimensions of property limit ability to adhere strictly to City standard. Proposed configuration of the lots will allow for best usage of the property with uniform lot size - APPROVE 3) Block Length to exceed 1,000 feet on Black Opal Avenue between Goldstone Street and Chalcedony Avenue for Phases 1 & 3. Development of the subdivision is restricted by the existing tract boundary and future road alignments. Proposed block length is 1,032 feet. This has been reviewed by Public Works and Fire Department with no objection - APPROVE Vesting Tentative Tract Map 7431 Page 4 4) Walls along side yards adjacent to Collector or Arterial Streets for Phase 2 Lots 42, 43, 55 & 57 Development of the subdivision is restricted by the existing tract boundary and future road alignments. This has been reviewed by the Public Works Department with no objection - APPROVE 5) Reduction to 460 foot radius on Fossil Creek Drive (local street) Development of the subdivision is restricted by the existing tract boundary and future road alignments. This has been reviewed by the Fire Department with no objection - APPROVE ENVIRONMENTAL REVIEW AND DETERMINATION: Based upon an initial study, Staff determined the proposed project, with mitigation, would not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration (“MND”) was prepared for this project in accordance with the California Environmental Quality Act (“CEQA”). The MND was circulated for public and agency review from August 7, 2023 to September 5, 2023. The following special studies were submitted: biological resources, cultural resources, air quality analysis, seismic and geohazard resources. No comments related to the proposed MND were received by staff. Environmental Conclusion. The State CEQA Guidelines and the City of Bakersfield’s CEQA Implementation Procedures have been followed in the evaluation of the environmental effects of this project. With mitigation, significant environmental impacts were not identified for the proposed project. 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. One comment was received from a property owner in the nearby Vista Montaire community. The commenter states that when they were being sold their home, no mention of this tract [VTTM 7431] was made. As such, the builder constructed a black aluminum see through fence that maximizes the views of Grand Canyon, Paladino and Masterson; a selling point for the home. Now that the home will no longer have the view that was paid for, nor privacy from the new homes and traffic, the builder, at their own expense, should install a cinderblock fence with see through fencing on top along Grand Canyon Avenue to no obstruct the entire views. The commenter stated that it seems unfair that they paid for a view that the builder knew was not going to last. A copy of the letter is attached. In response, Staff recommended the commenter contact their original developer/seller. 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 Vesting Tentative Tract Map 7431 Page 5 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. 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 Tract Map 7431 as outlined in this staff report subject to the recommended conditions. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • VTTM 6137, 7431 and TPM 12334 Overlay • Geologic Map • Vesting Tentative Tract Map 7431 (Phased) Mitigated Negative Declaration with Attachments Public Comments Planning Commission Draft Resolution Page 1 of 3 ATTACHMENT A DRAFT RESOLUTION NO. ________ RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE VESTING TENTATIVE TRACT MAP 7431 (PHASED) LOCATED AT THE NORTHEAST CORNER OF PALADINO DRIVE AND MASTERSON STREET. WHEREAS, McIntosh and Associates representing Vista Montaire, LLC (property owner), filed an application with the City of Bakersfield Planning Department requesting a Vesting Tentative Tract Map 7431 (Phased) (the “Project”), consisting of 299 lots on 95.21 acres for single family residential development, as shown on attached Exhibit “C”, located at the northeast corner of Paladino Drive and Masterson Street as shown on attached Exhibit “B”; and WHEREAS, the application was deemed complete on July 19, 2023; and WHEREAS, an initial study was conducted that determined the Project would not have a significant effect on the environment, and a Mitigated Negative Declaration was prepared in accordance with California Environmental Quality Act (CEQA); and WHEREAS, the Secretary of the Planning Commission, did set, Thursday, September 21, 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 Mitigated Negative Declaration and the Project, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and WHEREAS, the 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, 20 days prior to the hearing. Page 2 of 3 2. Staff determined that the proposed activity is a project, and an initial study was prepared for the project Vesting Tentative Tract Map 7431 (Phased) and a Mitigated Negative Declaration was prepared and duly noticed for a public review between August 7, 2023 and September 5, 2023. 3. A Mitigated Negative Declaration for the Project is the appropriate environmental document to accompany its approval. In accordance with the State CEQA Guidelines, staff prepared an initial study and indicated that because mitigation measures relating to cultural resources, seismic, geohazard resources and traffic have been incorporated into the Project, the Project will have a less than significant impact on the physical environment. 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 LR (Low Density Residential) land use classification on the property. Proposed road improvements are consistent with the Circulation Element. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the General Plan. 6. Mineral right owners' signatures may be waived on the final map pursuant to Bakersfield Municipal Code Section 16.20.060 A.1. The applicant has provided evidence with the Project application that it is appropriate to waive mineral right owners’ signatures because in accordance with BMC Section 16.20.060 A.1., the party’s right of surface entry has been by recorded document prior to recordation of any final map. 7. In accordance with BMC 16.28.170 H, Paladino Drive, Grand Canyon Drive and Masterson Street function as major streets as shown on the Project, therefore the abutting double frontage lots are reasonable due to controlling factors as traffic, safety, appearance, and setback, and are approved with construction of a 6-foot-high masonry wall separating the residential lots and the major streets. 8. The conditions of approval are necessary for orderly development and to provide for the public health, welfare, and safety. Page 3 of 3 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 Mitigated Negative Declaration is hereby approved. 3. Vesting Tentative Tract Map 7431 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 September 21, 2023, on a motion by Commissioner _____and seconded by Commissioner ______, by the following vote. AYES: NOES: ABSENT: APPROVED Zachary Bashirtash, CHAIR City of Bakersfield Planning Commission Exhibits (attached): Exhibit A: Conditions of Approval Exhibit A-1: Geohazard – Plate 2A Exhibit B: Location Map Exhibit C: Vesting Tentative Tract Map 7431 (Phased) By CCamps\S:\05_Land Division\7431\1PC Docs\Draft\7431_Resolution.docx ccamps\S:\05_Land Division\7431\1 PC Docs\Draft\Exh Con_7431 EXHIBIT “A” VESTING TENTATIVE TRACT MAP 7431 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 June 22, 2023, the applicant requested deviations from the following ordinance and policy requirements: 1.1. Title 16.28.170.H – Request Double frontage lots as follows: Lots 16-40 of Phase 1, Lots 53-55 of Phase 2, Lots 15-31 of Phase 3 & Lots 5-18 of Phase 4. Recommendation: APPROVE 1.2. Title 16.28.170.I – Request walls along side yards adjacent to Arterial Streets as follows: Lots 42, 43, 55 & 57 of Phase 2. Recommendation: APPROVE 1.3. Title 16.28.170.P – Request reversed corner/key lots as follows: Lots 11, 12, 29, 30, 32, 33, 44, 45, 55, 57, 61, 67, 68, 74, & 83 of Phase 2, Lots 1, 2, 12 & 14 of Phase 3, and Lots 48-50 & 56 of Phase 4. Recommendation: APPROVE 1.4. Title 16.28.160.A – Request for block length exceeding 1000 feet. Recommendation: APPROVE 1.5. Section 5.4.2.1b – Request 490 foot radius on local street Fossil Creek Drive. 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, or a revision to the approved study. 3.2. A sewer study to include providing service to the entire subdivision, including the future park, and showing what surrounding areas may be served by the main line extensions. 3.3. If the tract 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 have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments. This device shall be reviewed and approved by the City Engineer and shall provide the greatest benefit to the storm drain system with the least maintenance cost. Exhibit “A” VTTM 7431 Page 2 of 10 ccamps\S:\05_Land Division\7431\1 PC Docs\Draft\Exh Con_7431 4. The following conditions must be reflected in the design of the improvement plans: 4.1. Final plan check fees shall be submitted with the first plan check submission. 4.2. Per Resolution 108-2023 the area within the Tract shall implement and comply with the “complete streets” policy. Complete streets will require pedestrian and bicycle access to the Tract from existing sidewalks and bike lanes. If there is a gap less than ¼ mile then construction of asphalt sidewalks and bike lanes to the tract will be required. 4.3. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. Install conduit and pull ropes in future traffic signal locations. 4.4. In addition to other paving requirements, on and off-site road improvements may be required from any collector or arterial street to provide left turn and right 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. 4.5. Off-site pavement and striping construction will be required to transition from the proposed/ultimate on-site improvements to the existing conditions at the time construction commences. Transitions must be designed in accordance with City Standards and/or the Caltrans Highway Design Manual. If existing conditions change during the period of time between street improvement plan approval and construction commencement, the street improvement plans must be revised and approved by the City Engineer. 4.6. The storm drain system will need to adhere to current City of Bakersfield standards. Per City of Bakersfield Standard 3.5.3, no cross gutter will be allowed to be used within 300 feet of a storm drain system, unless specifically allowed by the City Engineer. 5. The subdivider shall either construct the equivalent full width landscaped median island in Masterson St for the site’s frontage or pay $100 per Linear Feet (their proportionate share of the cost for the future construction of the median). Median islands shall be designed by the first tract or development to be approved on a side. 6. The subdivider is responsible for implementing the following: 6.1. Right turn deceleration lanes are required on arterials at all streets and access points if the 85th percentile speed is less than 45 mph and the peak hour turning volumes is over 200, or if the 85th percentile speed is 45 mph or greater and the peak hour turning volumes is over 25. 6.2. Expanded intersections are required at all intersections with collectors and arterials. 6.3. The phasing map as submitted may be unbalanced with respect to the required improvements along the tract frontages. Therefore, to promote orderly development, each phase shall be responsible for an equal dollar amount of frontage improvement. Prior to recordation of each final map for any phase that does not construct its share of the improvements, the difference between the cost of the frontage improvements constructed and Exhibit “A” VTTM 7431 Page 3 of 10 ccamps\S:\05_Land Division\7431\1 PC Docs\Draft\Exh Con_7431 the phase share shall be placed into an escrow account. The money deposited in this account would be for the use of the developer of any future phase responsible for more than its share of improvements. The final per lot share will be based upon an approved engineer’s estimate. In lieu of the use of an escrow account, the developer may choose to construct with each phase its proportionate share of the frontage improvements, with approval of the City Engineer. 6.4. The following conditions are based upon the premise that filing of Final Maps will occur in the order shown on the map with Phase 1 first, then Phase 2, etc. If recordation does not occur in that normal progression, then, prior to recordation of each final map, the City Engineer shall determine the extent of improvements to be done with that particular phase. 6.4.1. The following shall occur with Phase 1: 6.4.1.1. Construct the sidewalk along the North side of Paladino per Arterial standards, from Masterson to Grand Canyon Dr. 6.4.1.2. Construct the landscaping and block wall along Paladino, from Masterson St to the Phase 1/3 boundary. 6.4.1.3. Construct the block wall around the remainder of the sump. 6.4.2. The following shall occur with Phase 2: 6.4.2.1. Construct Masterson St ½ width to City arterial standards, from Paladino Dr to Grand Canyon Dr. 6.4.2.2. Construct Grand Canyon Dr ½ width to City collector standards, from Masterson St to the phase 4 boundary, including the park frontage. 6.4.3. The following shall occur with Phase 3: 6.4.3.1. Construct Grand Canyon Dr ½ width to City collector standards, from Paladino Dr to the Phase 3/4 boundary. 6.4.3.2. Construct a temporary asphalt sidewalk, from the phase 3/4 boundary to the park site, if the park site has been developed 6.4.4. The following shall occur with Phase 4: 6.4.4.1. Construct Grand Canyon Dr ½ width to City collector standards, from the phase 3/4 boundary to the phase westerly phase 4 boundary. If the number of phases or the boundaries of the phases are changed, the developer must submit to the City Engineer an exhibit showing the number and configuration of the proposed phases. The City Engineer will review the exhibit and determine the order and extent of improvements to be constructed with each new phase. The improvement plans may require revision to conform to the new conditions. 6.5. The subdivider is responsible for verifying that existing streets within the boundary of the tract are constructed to city standards and he will reconstruct streets within the boundary if not to standard. 6.6. Where streets do not have curb and gutter, construct a minimum section of 36 feet wide consisting of 2-12’ lanes, 2-4’ paved shoulders and 2 additional feet per side of either AC or other dust proof surface. Exhibit “A” VTTM 7431 Page 4 of 10 ccamps\S:\05_Land Division\7431\1 PC Docs\Draft\Exh Con_7431 6.7. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 24, 1997, and update letter dated October 20, 2000. 6.8. 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. 6.9. All lots with sumps and water well facilities will have wall and landscaping to the appropriate street standards, at the building setback with landscaping as approved by the Public Works and Parks Directors. Public access to public sumps for maintenance shall be provided by public streets unless otherwise approved. 6.10. Drainage basins shall be reviewed and approved by both the Public Works Department and the Water Resources Department. 6.11. Prior to acceptance of the sump, the following items shall be required: 6.11.1. Current Boring Logs 6.11.2. 7-day percolation test 6.11.3. Adequate access to the sump, to the satisfaction of the Water Department 6.11.4. A current drainage study 6.11.5. Block Walls shall be constructed per current City Standards 6.11.6. Approval of the outlet structures and locations. 6.12. Install blue markers in the street at the fire hydrants per the Fire Department requirements. 7. The following must be reflected in the final map design: 7.1. A waiver of direct access shall be required for all lots abutting any arterials and collectors. 8. Prior to the recordation of the first final map within this project site, subdivider shall make written notification to the City Engineer of any public improvements required to be financed or constructed outside the boundaries of the tentative map(i.e., “offsite improvements”), as defined in BMC 16.16.080(E), and the cost of such offsite improvements. The notice shall include an engineer’s estimate or other documentation as required by the City Engineer that outlines by line item the specific offsite improvements for purposes of verifying extension of time eligibility pursuant to Government Code Section 66452.6(a). The written notification and documentation are subject to approval by the City Engineer or his/her designee. 9. Prior to recording the first final map: 9.1. The City Council must have taken final action for inclusion of this tract within the Consolidated Maintenance District. 9.2. The developer is required to construct an improvement which is on the facilities list for the Metropolitan Bakersfield Transportation Impact Fee Masterson St. The developer shall receive credit against his traffic impact fees for constructing this project. The developer must submit an appraisal, to be approved by the City Engineer, verifying the cost of the right-of-way to be Exhibit “A” VTTM 7431 Page 5 of 10 ccamps\S:\05_Land Division\7431\1 PC Docs\Draft\Exh Con_7431 acquired. This credit is not available until the improvement has been constructed by the developer and accepted for maintenance by the City. Any building permit issued prior to this acceptance shall pay the full impact fee. 9.3. 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. 10. Prior to recording each final map: 10.1. All facilities within the boundaries of this subdivision identified by the approved drainage study shall be constructed in accordance with the plans approved by the City Engineer, and all easements required shall be provided. 10.2. The subdivider shall 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. 10.3. The subdivider shall submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map containing information with respect to the addition of this subdivision to the consolidated maintenance district. Said covenant shall also contain information pertaining to the maximum anticipated annual cost per single family dwelling for the maintenance of landscaping associated with this tract. Said covenant shall be provided to each new property owner through escrow proceedings. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including a Proposition 218 Ballot and Covenant, which shall be signed and notarized. 11. Prior to Notice of Completion: 11.1. The storm drain system, including the sump, shall be inspected and any debris removed. 12. This subdivision is located within the Breckenridge Planned Drainage area per Resolution 136-05 and is subject to fees. Pay such fees prior to building permit issuance. FIRE SAFETY DIVISION 13. Pipeline Easements. 13.1Concurrently 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 Exhibit “A” VTTM 7431 Page 6 of 10 ccamps\S:\05_Land Division\7431\1 PC Docs\Draft\Exh Con_7431 permanent structure, are prohibited within the setback and record a corresponding covenant. 13.2 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. 13.3 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. 13.4 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. 13.5 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 14. Fire Apparatus Access Roads and Hydrants 14.1 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. 14.2 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 14.3 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. Exhibit “A” VTTM 7431 Page 7 of 10 ccamps\S:\05_Land Division\7431\1 PC Docs\Draft\Exh Con_7431 RECREATION AND PARKS 15. Prior to recordation of each final map, the subdivider shall pay an in-lieu fee based on a park land dedication requirement of 2.5 acres per 1000 population in accordance with Chapter 15.80 of the Bakersfield Municipal Code. If the number of dwelling units increases or decreases upon recordation of a final map(s), the park land requirement will change accordingly. Refer to BMC Chapter 15.80 and the Planning Information Sheet regarding calculation and payment of in-lieu fee. In accordance with Government Code Section 66020 (d), you are hereby notified that the 90-day period in which you may protest the imposition of this fee has begun. BMC Chapter 15.80 requires the Planning Commission to determine if a subdivider is to dedicate park land, pay an in-lieu fee, reserve park land or a combination of these in order to satisfy the City’s park land ordinance subject to Government Code Section 66020(d). Staff is recommending this condition in accordance with BMC Chapter 15.80. 16. Subdivider shall be responsible for improving streets adjacent to the park site to City standards. Orderly development. 17. Prior to recordation of final map, the subdivider shall construct a 7-foot masonry wall along the park boundary adjacent to residential lots as shown on the tentative tract. Wall to be measured from the highest adjacent grade. Orderly development 18. Subdivider shall provide utility services to the park site, including electrical, water line, sewer lateral and storm drain. Confirm with City for required sizes. Orderly development 19. Subdivider shall provide detailed grading cross-sections for park-site for perimeter boundaries. Orderly development 20. Subdivider shall provide an acceptable leveled surface grade of park site approved by grading plan. Park site shall not be used for dump site of exported fill from grading operations. Orderly development Exhibit “A” VTTM 7431 Page 8 of 10 ccamps\S:\05_Land Division\7431\1 PC Docs\Draft\Exh Con_7431 21. Final park site shall be clear of debris and any deleterious materials. Orderly development 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. 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 in effect at the time the application for the subdivision map was deemed complete per Government Code Section 66474.2. 24. The subdivision shall be recorded in no more than 5 phases. Phases shall be identified numerically and not alphabetically. Orderly development 25. Prior to recordation of each final map, subdivider shall submit a “will serve” or “water availability” letter or other documentation acceptable to the Planning Director from the water purveyor stating the purveyor will provide water service to the phase to be recorded. Required for orderly development and provide for the public health, welfare and safety by ensuring water service to the subdivision at the time of final map recordation because the water purveyor has included an expiration date in the initial “will serve” letter. Exhibit “A” VTTM 7431 Page 9 of 10 ccamps\S:\05_Land Division\7431\1 PC Docs\Draft\Exh Con_7431 26. 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. 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. Required to verify compliance with BMC Section 16.20.060 A. and orderly development. 28. Prior to recordation of Phase 2, subdivider shall construct a masonry wall and landscaping that match the subdivision’s perimeter wall along Masterson Street and Grand Canyon Drive adjacent to these side yards: • Phase 2, Lots 42, 43, 55 and 57 Orderly development 29. Prior to recordation of Phase 1, subdivider shall construct a minimum six (6) foot high masonry wall between the residential lots abutting the Cal Water Booster Pump lot. Wall shall be measured from highest adjacent side. Police power based on public health, welfare and safety. 30. Prior to recordation of a phase containing the Alquist-Priolo (Seismic) zone, subdivider shall record a covenant on a lot within the Alquist-Priolo (Seismic) zone to a) disclose a portion of the lot has been identified as an Alquist-Priolo (Seismic) area and b) all habitable structures are prohibited within areas identified as Alquist-Priolo (Seismic) zones. Police power based on public health, welfare and safety. Cultural Resources Impact Mitigation Measures: 31. During construction, if cultural resources are encountered during construction or ground disturbance activities, all work shall immediately cease, and the area cordoned off until Exhibit “A” VTTM 7431 Page 10 of 10 ccamps\S:\05_Land Division\7431\1 PC Docs\Draft\Exh Con_7431 a qualified cultural resource specialist can evaluate the find and make recommendations. Project is subject to any recommendations of the qualified specialist. 32. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. and Public Resources Code Sections 5097.94, 5097.98 and 5097.99. Geology and Soils Impact Mitigation Measures: 33. Development of the project site shall comply with the setback of a minimum of 50-feet from each of the two faults identified on Plates 2 and 2A of “Geological Hazard Report for Lot 38, Tract 6137 (SEI, 2019)” (attached) where no structures for human habitation may be located. 34. If structures for human occupancy are proposed for other areas within the fault zones and outside the areas studied by this report, additional geological investigation needs to be conducted. Traffic/Circulation Impact Mitigation Measures: 35. Prior to issuance of building permits, the applicant/developer shall pay the Regional Transportation Impact Fee Program. 36. Prior to issuance of building permits and if necessary, as determined by the City Engineer, the applicant/developer shall obtain a street permit or get approved a Traffic Control Plan from the City Public Works Department. City In The HillsResidentialGeologic MapLot 38, Tract 6137 Northeast of Paladino Dr. & Masterson St.Bakersfield, CASEI File No. 17222September 2019Plate 2AFrom Geolabs, Grading Plan Review and Updated Seismic, Foundation, and Retaining Wall Design Criteria, dated April 4, 2008 Setback BorderSetback BorderSetback BorderSetback BorderSITE BORDER100’0’25’100’ 50’ 200’ 300’Scale FRIEDSON CTBENBASSET PLSUCREPLP A TA G O N IA W AY PILAR WAYCALIWAYTANDILWAY LENEPLB A L T R A WAY BELLA DR MASTERSON STPALADINO DR R-1 R-1 R-1 R-1 R-1 R-1 A-HD A-HD A-HD A-HD R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1A A A R-S-2.5A R-1-HD R-1-HD R-1-HD R-1-HD R-1-HD R-1-HD P.U.D. R-1 R-1 P.U.D.P.U.D. P.U.D. P.U.D.GRANDCANYONDRP A N O R A M A D R PALADINO DR HICKOK DR 9/12/2023 0 410 820 Feet _&City Park (not part of project) Vesting Tentative Tract Map 7431 R-1 One Family Dwelling 6,000 sq.ft. min lot sizeR-1-4.5 One Family Dwelling 4,500 sq.ft. min lot size E Estate 10,000 sq.ft. min lot size R-S Residential Suburban 24,000 sq.ft./dwelling unit R-S-( ) Residential Suburban 1, 2.5, 5 or 10 min lot size R-2 Limited Multiple Family Dwelling 4,500 sq.ft. min lot size (single family) 6,000 sq.ft. min lot size (multifamily) 2,500 sq.ft. lot area/dwelling unit R-3 Multiple Family Dwelling 6,000 sq.ft. min lot size 1,250 sq.ft. lot area/dwelling unit R-4 High Density Multiple Family Dwelling 6,000 sq.ft. min lot size 600 sq.ft. lot area/dwelling unit R-H Residential Holding 20 acre min lot size A Agriculture 6,000 sq.ft. min lot size A-20A Agriculture 20 acre min lot size PUD Planned Unit Development TT Travel Trailer Park MH Mobilehome C-O Professional and Administrative Office C-1 Neighborhood Commercial C-2 Regional Commercial C-C Commercial Center C-B Central Business PCD Planned Commercial Development M-1 Light Manufacturing M-2 General Manufacturing M-3 Heavy Industrial P Automobile Parking RE Recreation Ch Church Overlay OS Open Space HOSP Hospital Overlay AD Architectural Design Overlay FP-P Floodplain Primary FP-S Floodplain Secondary AA Airport Approach DI Drilling Island PE Petroleum Extraction Combining SC Senior Citizen Overlay HD Hillside Development Combining WM- West Ming Specific Plan LEGEND (ZONE DISTRICTS) AE AuE CITY OF BAKERSFIELD &Cal Water (not part of project)