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HomeMy WebLinkAboutVTPM 12498_Staff Report NT:PJ:je/S:\05_Land Division\12498\01_Hearing & Noticing Documents\Draft\10.19.23 Meeting\VTPM 12498_Staff Report.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: October 19, 2023 AGENDA: 5.a TO: Chair Bashirtash and Members of the Planning Commission FROM: Paul Johnson, Planning Director DATE: October 13, 2023 FILE: Vesting Tentative Parcel Map 12498 (Phased) WARD: 1 STAFF PLANNER: Noeli Topete, Associate Planner I REQUEST: A proposed vesting tentative parcel map (VTPM) to subdivide 141.46 acres into four industrial parcels and one designated remainder in the M-2 (General Manufacturing) zone. APPLICANT: OWNER: Kier & Wright GL Bakersfield Owners, LLC 250 Cherry Lane, Suite 208 18301 Von Karman Ave, Suite 250 Manteca, CA 95337 Irvine, CA 92612 PROJECT LOCATION: Southwest corner of East Belle Terrace and South Mt Vernon Avenue in southeast Bakersfield. APN: 167-070-03 PROJECT SIZE: 141.46 acres CEQA: Section 15315 (Minor Land Divisions) EXISTING GENERAL PLAN DESIGNATION: SI (Service Industrial) EXISTING ZONE CLASSIFICATION: M-2 (General Manufacturing) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING Vesting Tentative Parcel Map 12498 (Phased) with conditions. SITE CHARACTERISTICS: The project site is vacant land. Surrounding properties are primarily developed as: north – industrial buildings; east - Kern County of Kern Offices, Kern High School District storage, and vacant land; south – wastewater treatment; west - vacant land. Vesting Tentative Parcel Map 12498 Page 2 BACKGROUND AND TIMELINE: • August 6, 1986 - City Council approved the proposed amendment to the Land Use and Circulation Element of the General Plan and adopted the Casa Loma Specific Plan (Ordinance No. 3063). • August 25, 1986 - Kern County Board of Supervisors adopted the Casa Loma Specific Plan (CLSP) and certified the related Environmental Impact Report. The CLSP consisted of residential, commercial, recreational, public, institutional, and industrial uses to be developed on 3,461 acres. The CLSP designated the project site as 7.2 Service Industrial (Resolution No. 86-502 and Ordinance No. G- 4268). • October 2, 1991 - The project site was annexed into the City as part of the Mt Vernon No. 5 annexation (Annexation No. 348). • November 17, 1999 - City Council approved Zone Change No. P99-0450 and adopted a Negative Declaration to change 3,461 acres from CLSP designations to similar city zone districts including RS- 2.5, RS, E, R-2, R—3, C-2, M-1, M-2, M-3, and OS zones. The zone classification for the project site changed from 7.2 Service Industrial to M-2 (General Manufacturing) (Ordinance No. 3935). • March 9, 2022 - Site Plan Review No. 21-0450 approved for the construction of three warehouse buildings and ancillary trailer storage yard. • August 9, 2023 - The application for Vesting Tentative Parcel Map 12498 was deemed complete. • September 21, 2023 - Vesting Tentative Parcel Map 12498 was considered by the Planning Commission but after taking public testimony, was continued to the meeting of October 5, 2023 by a vote of 3 in favor, 2 opposed, 1 absent, and 1 vacant seat. • October 5, 2023 - At the request of staff, Vesting Tentative Parcel Map 12498 was continued to the meeting of October 19, 2023 to allow additional time to address public comments raised during the September 21, 2023 meeting. PROJECT ANALYSIS: The applicant is requesting a parcel map to subdivide 141.46 gross acres into four industrial parcels and one designated remainder in the M-2 (General Manufacturing) zone. Parcel sizes range from 2.22 acres to 58.67 acres and is proposed to be developed for purposes of warehousing and distribution. Circulation. Access to this subdivision would be from East Belle Terrace (collector) on the subdivision's north boundary and from South Mount Vernon (arterial) on the east. As part of future development, Casa Loma Drive (arterial) on the south and South Washington Street (collector) on the west will be constructed. Mineral Rights. In accordance with the California Government Code or Subdivision Map Act Section 66445(e), mineral rights owners’ signatures are not required on final parcel maps with four or fewer parcels. This parcel map contains four parcels and one designated remainder. Section 66424.6(a)(1) goes on to state “The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required.” Vesting Tentative Parcel Map 12498 Page 3 The applicant submitted a letter from the California Department of Conservation’s Division of Geologic Energy Management (CalGEM) stating the project site is beyond their administrative boundaries of oil or gas fields. However, there is one known well on the property but no known active operators of record. If a well is uncovered, staff recommends a condition of approval requiring the subdivider to consult with CalGEM regarding proper abandonment of the well (Condition 33). ENVIRONMENTAL REVIEW AND DETERMINATION: Based upon an initial environmental assessment, staff determined the proposed project is categorically exempt from the California Environmental Quality Act in accordance with Section 15315, Minor Land Division. Class 15 categorical exemptions consist of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. The project meets the criteria for this categorical exemption. 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. In a letter dated September 21, 2023, Mitchell M. Tsai Law Firm submitted comments on behalf of the Southwest Mountain States Regional Council of Carpenters (SWMSRCC) regarding: (1) use of local skilled and trained workforce for construction; (2) training to prevent the spread of infectious diseases; and (3) concerns with the environmental review. In a subsequent letter dated October 11, 2023, Mitchell M. Tsai Law Firm expressed its support for the project and withdrew their prior comment Letter. According to the letter, after receiving clarification and further information about the project, SWMSRCC believes the project will benefit the environment and the local economy by utilizing a local skilled and trained workforce and will be built utilizing protocols that will protect worker health and safety. As of this writing, no other written public comments have been received. CONCLUSIONS: Consistency with General Plan and Zoning Ordinance. The applicant has requested approval of VTPM 12498 (Phased) to subdivide 141.46 acres into 4 parcels and one designated remainder for warehousing and distribution purposes. The proposed subdivision is consistent with the SI (Service Industrial) designation of the project site for industrial type uses. The proposed development has been processed separately through Site Plan Review (SPR 21-0450). This process provides City Departments (Building, Planning, Fire, Water Resources, Engineering, Traffic, Solid Waste, and as necessary Recreation & Parks and Police Department) to review the project and ensure development plans adhere to all applicable City development standards, policies, and ordinances. Vesting Tentative Parcel Map 12498 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 the Subdivision Map Act. Based on information in the record, Staff recommends your Commission adopt the Resolution and findings APPROVING Vesting Tentative Parcel Map 12498 (Phased) as outlined in this staff report subject to the recommended conditions. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • Vesting Tentative Parcel Map 12498 September 21, 2023 Comment Letter October 11, 2023 Comment Letter Notice of Exemption Planning Commission Draft Resolution MAP SET COTTONWOOD RDSMTVERNONAVEMTVERNONAVEE BRUNDAGE LN CASA LOMA DR S WASHINGTON STE BELLE TERRACE QUANTICO AVEWASHINGTON STRichardson Child Development Center TIERRA DEL SOL CONTINUATION HIGH 8/15/2023 0 520 1,040 Feet _ VTPM 12498 Vesting Tentative Parcel Map 12498 (Phased) AERIAL AE AuE CITY OF BAKERSFIELD COTTONWOOD RDSMTVERNONAVEMTVERNONAVEE BRUNDAGE LN CASA LOMA DR M-2 M-2 M-2 R-S R-1 M-1 M-1 M-1 M-1 M-1 M-1 M-1 M-1 M-2 M-2 M-2 M-2 M-2 M-2 M-2 R-2 M-1 M-2 M-2 C-2C-2M-2 R-3 R-3 R-3 R-3 R-3 R-3R-3 R-3R-3 R-2 R-S R-1 R-1 A A A E M-2 A A M-2M-2 M-2R-2M-2 M-2 M-2 M-2 M-2 M-2 M-2 M-2 M-2 A A A A S WASHINGTON STE BELLE TERRACE QUANTICO AVEWASHINGTON STRichardson Child Development Center TIERRA DEL SOL CONTINUATION HIGH 8/15/2023 0 520 1,040 Feet _ VTPM 12498 Vesting Tentative Parcel Map 12498 (Phased) AE AuE Zoning Commercial Zone Designations C-2 Regional Commercial Industrial Zone Designations M-1 Light Manufacturing M-2 General Manufacturing M-3 Heavy Industrial Resource Zone Designations A Agricultural OS Open Space Residential Zone Designations E Estate One Family Dwelling R-S Residential Suburban R-1 One Family Dwelling R-2 Limited Multiple Family Dwelling Zone - 1 unit/2,500 sq. ft. R-3 Limited Multiple Family Dwelling Zone - 1 unit/1,250 sq. ft. CITY OF BAKERSFIELD COTTONWOOD RDSMTVERNONAVEMTVERNONAVEE BRUNDAGE LN CASA LOMA DR S WASHINGTON STE BELLE TERRACE QUANTICO AVEWASHINGTON STLMR P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P SR P P P P P P P P P P P P P P PLR LR LR LR LR LR LR LR LRGCHMRHMRSI HI HISISI SI SI SI SI SI SISISISISI SR SR LMRLI LI LI LI SI SI SI SI SI SI SI SI LI LI LI LI LI LI LI LI LI LI LI LI SI SI SI SI SI SI SI SI SIP SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI SI LI LI LI LI LMR PPS GC GC GC HMR HMR HMR HMR HMR HMR HMRHMR GCGCGCGCGCGC SI LMRLMRLMRLMRLMRGC GC GC LMRLMR SR P SI SI SI SI SI SI SI SI SI Richardson Child Development Center TIERRA DEL SOL CONTINUATION HIGH 8/15/2023 0 520 1,040 Feet _ VTPM 12498 Vesting Tentative Parcel Map 12498 (Phased) AE AuE Land Use RESIDENTIAL SR -Suburban Residential: ≤ 4 dwelling units/net acre LMR - Low Medium DensityResidential: > 4 units but ≤ 10 dwelling units/net acre HMR - High Medium Density Residential: > 7.26 units but ≤ 17.42 dwelling units/net acre LR - Low Density Residential: ≤ 7.26 dwelling units/net acre COMMERCIAL GC - General Commercial INDUSTRIAL LI - LIGHT INDUSTRIAL SI - Service Industrial HI - Heavy Industrial PUBLIC FACILITIES P - Public Facilities PS - Public/Private Schools CITY OF BAKERSFIELD S:\05_Land Division\12498\02_CEQA\VTPM 12498_NOE.docx NOTICE OF EXEMPTION TO: □ Office of Planning & Research FROM: City of Bakersfield 1400 Tenth Street, Room 222 Community Development Sacramento, CA 95814-3044 Dept. - Planning 1715 Chester Avenue Bakersfield, CA 93301 ■ County Clerk, County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 Project Title (No.): Vesting Tentative Parcel Map 12498 General Location: Southeast Bakersfield, County of Kern Specific Location: Southwest corner of East Belle Terrace and South Mt Vernon Avenue; APN: 167-070-03. Project Description: Subdividing 141.46 acres into 4 parcels and 1 designated remainder. Approving Agency: City of Bakersfield Project Applicant: Kier & Wright (Address) 250 Cherry Lane, Suite 107, Manteca, CA 95337 Exempt Status: (Check One) □ Ministerial (Sec. 21080(b)(1); 15268); □ Declared Emergency (Sec. 21080(b)(3); 15269(a)); □ Emergency Project (Sec. 21080(b)(4); 15269(b)); ■ Categorical Exemption. Class Minor Land Division, Section No. 15315. □ Statutory Exemptions. Code/Section No. _____ Reasons why project is exempt: Class 15 - Minor Land Division Lead Agency Contact Person: Noeli Topete Telephone: (661) 326-3165 If filed by applicant: 1. Attach the certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes □ No □ Signature: Date: 16 August 2023 Title: Associate Planner I ■ Signed by Lead Agency Date received for filing at OPR: □ Signed by Applicant Page 1 of 3 DRAFT RESOLUTION NO. ________ RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE VESTING TENTATIVE PARCEL MAP 12498 (PHASED) LOCATED AT THE SOUTHWEST CORNER OF EAST BELLE TERRACE AND SOUTH MT VERNON AVENUE. WHEREAS, Kier & Wright representing GL Bakersfield Owners, LLC, filed an application with the City of Bakersfield Planning Department requesting a Vesting Tentative Parcel Map 12498 (the “Project”), consisting of 4 parcels and 1 designated remainder on 141.46 acres, as shown on attached Exhibit “B”, located at the southwest corner of East Belle Terrace and South Mt Vernon Avenue as shown on attached Exhibit “C”; and WHEREAS, the application was deemed complete on August 9, 2023; and WHEREAS, the Project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with State CEQA Guidelines Section 15315, Class 15, Minor Land Division; 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 Project, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and WHEREAS, the Planning Commission, with the concurrence of the applicant, continued the public hearing to the regularly scheduled Planning Commission meeting of October 5, 2023; and WHEREAS, the Planning Commission, with the concurrence of the applicant, continued the public hearing to the regularly scheduled Planning Commission meeting of October 19, 2023; 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: Page 2 of 3 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, 10 days prior to the hearing. 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 the Project is Categorically Exempt from State CEQA Guidelines under Section 15315 and duly noticed for public review. 3. 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. 4. 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 SI (Service Industrial) 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. 5. Mineral right owners' signatures are not required on the final map pursuant to Bakersfield Municipal Code Section BMC Section 16.22.030.B. In accordance with Subdivision Map Act Section 66445(e), mineral rights owners’ signatures are not required on final parcel maps with 4 or fewer parcels (BMC Section 16.22.030.B). This parcel map contains 4 buildable parcels. 6. 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 map is Categorically Exempt from the requirements of State CEQA Guidelines Section 15315. 3. Vesting Tentative Parcel Map 12498 is hereby approved with conditions of approval and mitigation measures shown on Exhibit "A". Page 3 of 3 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 October 19, 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 B: Location Map with Zoning Exhibit C: Tentative Map By NTopete\ s:\05_land division\12498\01_hearing & noticing documents\draft\10.19.23 meeting\vtpm 12498_pc-res_10192023.docx By Ntopete\S:\05_Land Division\12498\01_Hearing & Noticing Documents\Draft\VTPM 12498_Exh A Con.docx EXHIBIT “A” VESTING TENTATIVE PARCEL MAP 12498 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. There was no letter submitted requesting deviations from standards. 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. The proposed sump and all onsite storm drain within this development shall be privately maintained. A flowage and drainage easement shall be recorded prior to approval of the 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: 4.1. Final plan check fees shall be submitted with the first plan check submission. 4.2. Per Resolution 108-23 the area within the Parcel Map shall implement and comply with the “complete streets” policy. Complete streets will require pedestrian and bicycle access to the subdivision from existing sidewalks and bike lanes. If there is a gap less than 0.25 mile then construction of asphalt sidewalks and bike lanes to the subdivision will be required. 4.3. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. Exhibit “A” VTTM/VTPM Page 2 of 9 By Ntopete\S:\05_Land Division\12498\01_Hearing & Noticing Documents\Draft\VTPM 12498_Exh A Con.docx 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 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. 5. The subdivider shall either construct the equivalent full width landscaped median island in S Mt Vernon Ave and Casa Loma Dr for the length of the site’s frontage, or pay $100 per linear foot (their proportionate share of the cost for the future construction of the median). Median islands shall be designed by the first tract to be approved on a side. The medians may be constructed by the first tract on a side, or the median island fees shall be paid. NOTE: MEDIAN CONSTRUCTION AND LANDSCAPING COSTS MAY BE BASED ON ESTIMATES APPROVED BY THE CITY ENGINEER per City standards unless costs (median fees) have been previously identified in previous conditions for the same property. The median estimate shall include line items for curb, stamped concrete, landscaping, irrigation piping and controllers. If the median island is not constructed, the second tract across the street shall construct and landscape the median island. Construction or payment shall be for the full width street frontage of the land being subdivided. The total cost may be apportioned between the phases and paid prior to recordation of each phase if he elects to pay his share of the costs for the future construction. 6. The phasing map as submitted may be unbalanced with respect to the required improvements along the Parcel Map frontages. Therefore, in order to promote orderly development, each phase shall be responsible for an equal dollar amount of frontage improvement. Prior to recordation of a final map for any phase that does not construct its share of the improvements, the difference between the cost of the frontage improvements constructed and the phase share shall be placed into an escrow account. The money deposited in this account would be for the use of the developer of any future phase responsible for more than its share of improvements. The final per lot share will be based upon an approved engineer’s estimate. In lieu of the use of an escrow account, the developer may choose to construct with each phase its proportionate share of the frontage improvements, with approval of the City Engineer. Exhibit “A” VTTM/VTPM Page 3 of 9 By Ntopete\S:\05_Land Division\12498\01_Hearing & Noticing Documents\Draft\VTPM 12498_Exh A Con.docx 7. The following conditions are based upon the premise that filing of Final Maps will occur in the order shown on the map with Phase 1 first, then Phase 2, then Phase 3, etc. If recordation does not occur in that normal progression, then, prior to recordation of a final map, the City Engineer shall determine the extent of improvements to be constructed with that particular phase. 7.1. The following shall occur with Phase 1. 7.1.1. Construct half width improvements along East Belle Terrace, to Collector street standards, from South Washington St to South Mt Vernon Ave 7.1.2. Construct half width improvements along South Mt Vernon Ave, to Arterial street standards, from East Belle Terrace to the Phase 1/2 boundary. 7.1.3. Construct the Traffic Signal at the intersection of East Belle Terrace and Mt Vernon Ave OR provide a Traffic study, for review by the Traffic Engineer, to determine whether this requirement can be deferred to a later phase. 7.2. The following shall occur with Phase 2. 7.2.1. Construct half width improvements along South Mt Vernon Ave, to Arterial street standards, from the Phase 1/2 boundary to East Casa Loma Dr. 7.2.2. Construct half width improvements along Casa Loma Drive, to Arterial street standards, from S Mt Vernon Ave to the Phase 2/3 boundary. 7.3. The following shall occur with Phase 3. 7.3.1. Construct half width improvements along South Washington St, to Collector street standards, from East Belle Terrace to East Casa Loma Dr. 7.3.2. Construct half width improvements along Casa Loma Drive, to Arterial street standards, from the Phase 2/3 boundary to South Washington St. 7.4. The subdivider is responsible for verifying that existing streets within the boundary of the parcel map are constructed to city standards and the developer must reconstruct or repair substandard existing off-site street improvements that front the project site, to the adopted city standards as directed by the City Engineer. 7.5. 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. 7.6. Turning movements along arterial streets shall be restricted to right turn in and right turn out only. 7.7. Street Name Signs (SNS): 7.7.1. Metro Size SNS shall be installed at the intersection of local streets with Arterial and collector streets. 7.7.2. Standard SNS shall be installed at all other locations. Exhibit “A” VTTM/VTPM Page 4 of 9 By Ntopete\S:\05_Land Division\12498\01_Hearing & Noticing Documents\Draft\VTPM 12498_Exh A Con.docx 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. 8. Prior to recordation of the first final map, the applicant shall: 8.1. Pay their proportionate fair share for the Eastbound to Southbound right turn lane at the intersection of Brundage Lane and Mt Vernon Ave OR provide a Traffic study, for review by the Traffic Engineer, to determine whether this requirement can be deferred to a later phase. 9. Prior to recordation of the Final Map, the applicant shall: 9.1. 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, of the corresponding phase, have been completed by the subdivider and accepted by the City. 9.2. 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. 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. 9.4. 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. 10. Prior to Building Occupancy, the applicant shall provide written confirmation, from Caltrans, stating that the Caltrans conditions regarding the traffic signal at the SR 58 westbound ramps and Mt Vernon Avenue have been satisfied. This could be in the form of an agreement between the applicant and Caltrans. 11. Submit a street lighting plan for the frontage streets, if not already approved and installed. Exhibit “A” VTTM/VTPM Page 5 of 9 By Ntopete\S:\05_Land Division\12498\01_Hearing & Noticing Documents\Draft\VTPM 12498_Exh A Con.docx 12. 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 § 116.16.080(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. 13. The developer is required to construct an improvement which is on the facilities list for the Metropolitan Bakersfield Transportation Impact Fee, Mt Vernon Avenue. 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 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. 14. 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 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. 15. The developer shall install streetlights per current City of Bakersfield standards. 16. 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. 17. 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. 18. Access to the sump shall be determined with the review of the street improvement plans. 19. Drainage basins shall be reviewed and approved by both the Public Works Department and the Water Resources Department. Exhibit “A” VTTM/VTPM Page 6 of 9 By Ntopete\S:\05_Land Division\12498\01_Hearing & Noticing Documents\Draft\VTPM 12498_Exh A Con.docx 20. Install blue markers in the street at the fire hydrants per the Fire Department requirements. 21. 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. 22. 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. 23. Any application for an Extension of Time per SMA 66452.6a must be submitted to the Public Works Department prior to the expiration of the tentative map. FIRE SAFETY DIVISION 24. Pipeline Easements. 24.1. 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. 24.2. 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. 24.3. 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. 24.4. 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. 24.5. 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 25. Fire Apparatus Access Roads and Hydrants 25.1. 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. Exhibit “A” VTTM/VTPM Page 7 of 9 By Ntopete\S:\05_Land Division\12498\01_Hearing & Noticing Documents\Draft\VTPM 12498_Exh A Con.docx 25.2. 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 25.3. 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. RECREATION AND PARKS 26. If median construction on South Mt Vernon is required, the Subdivider shall be responsible for improving median landscaping to City standards. Orderly development. CITY ATTORNEY 27. 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” VTTM/VTPM Page 8 of 9 By Ntopete\S:\05_Land Division\12498\01_Hearing & Noticing Documents\Draft\VTPM 12498_Exh A Con.docx 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 28. 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. 29. The subdivision shall be recorded in no more than 4 phases. Phases shall be identified numerically and not alphabetically. Orderly development. 30. 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. 31. 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. 32. Prior to or concurrently with recordation of any phase within 500 feet of the drill site, subdivider shall record a covenant disclosing the location of the drill site on all lots of this subdivision within 500 feet of them. Comply with BMC Section BMC 15.66.080 C. and for public health, welfare and safety. Exhibit “A” VTTM/VTPM Page 9 of 9 By Ntopete\S:\05_Land Division\12498\01_Hearing & Noticing Documents\Draft\VTPM 12498_Exh A Con.docx 33. 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 the 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. 34. 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. 35. Prior to issuance of a building permit or development, whichever occurs first, of the Designated Remainder, the developer will either apply for a subdivision map or a Certificate of Compliance for the Designated Remainder. Subdivision Map Act Section 66424.6 36. If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. Mitigation measure. COTTONWOOD RDSMTVERNONAVEMTVERNONAVEE BRUNDAGE LN CASA LOMA DR M-2 M-2 M-2 R-S R-1 M-1 M-1 M-1 M-1 M-1 M-1 M-1 M-1 M-2 M-2 M-2 M-2 M-2 M-2 M-2 R-2 M-1 M-2 M-2 C-2C-2M-2 R-3 R-3 R-3 R-3 R-3 R-3R-3 R-3R-3 R-2 R-S R-1 R-1 A A A E M-2 A A M-2M-2 M-2R-2M-2 M-2 M-2 M-2 M-2 M-2 M-2 M-2 M-2 A A A A S WASHINGTON STE BELLE TERRACE QUANTICO AVEWASHINGTON STRichardson Child Development Center TIERRA DEL SOL CONTINUATION HIGH 8/15/2023 0 520 1,040 Feet _ VTPM 12498 Vesting Tentative Parcel Map 12498 (Phased) 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