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HomeMy WebLinkAbout7405 & 7415 St Rpt & 2 Res PJ:je/ S:\05_Land Division\7408\01_Hearing & Noticing Documents\Draft\7408 7415_Staff Report.docx CITY OF BAKERSFIELD PLANNING COMMISSION MEETING DATE: December 21, 2023 AGENDA: 5.a TO: Chair Bashirtash and Members of the Planning Commission FROM: Paul Johnson, Planning Director J.Eng for PJ DATE: December 13, 2023 FILE: Vesting Tentative Tract Maps 7408 and 7415 WARD: 5 STAFF PLANNER: Jennie Eng, Principal Planner REQUEST: Two proposed vesting tentative tract maps for single family residential purposes containing 497 lots on 80.45 acres, zoned R-3/PUD (Limited Multiple Family Dwelling/Planned Unit Development), including a request for alternative lot design, and to waive mineral rights signatures pursuant to BMC 16.20.060 A.3 by providing a drill site. APPLICANT: OWNER: McIntosh and Associates Piper Family Trust, et. al. PO Box 21687 c/o Urban Land Advisors Bakersfield, CA 93390 PO Box 11358 Bakersfield, CA 93389 PROJECT LOCATION: Northeast corner of Pensinger Road and future So. Allen Road in southwest Bakersfield. APN: 535-010-(01, 03, 04) PROJECT SIZE: 80.45 acres CEQA: Section 15162 (Previous MND) EXISTING GENERAL PLAN DESIGNATION: HMR (High Medium Density Residential) EXISTING ZONE CLASSIFICATION: R-3/PUD (Limited Multiple Family Dwelling/ Planned Unit Development) STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING Vesting Tentative Tract Maps 7408 and 7415 with conditions. SITE CHARACTERISTICS: The project site is agricultural land. Surrounding properties are primarily developed as: north – Asphalto Branch railroad, agricultural land and oil production facilities; east – agricultural land; south – single family residential neighborhood; and west – fallow land and oil production facilities. Vesting Tentative Tract Maps 7408 & 7415 Page 2 BACKGROUND AND TIMELINE: • November 29, 2023 – City Council approved General Plan Amendment/Zone Change 22-0337 and adopted a Mitigated Negative Declaration to change the (1) land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential); (2) General Plan Amendment to change the circulation element map and remove the arterial road designation of Pacheco Road between South Allen Road and Buena Vista Road; (3) Zone Change to change zone classification from R-1 (One-Family Dwelling) zone to R-3/PUD (Multiple-Family Dwelling/Planned Unit Development) zone; (4) a Planned Development Review No. 23-0331 for development of a 497 single family residential Planned Unit Development; and (5) Zone Modification No. 23-0508 to reduce the minimum lot size and setback requirements. • October 20, 2023 - The applications for Vesting Tentative Tract Maps 7408 and 7415 were deemed complete on October 20, 2023. PROJECT ANALYSIS: The proposed subdivisions are two contiguous Vested Tentative Tract Maps. For efficiency purposes, Staff combined the two requests into one staff report since they share the same engineer, subdivider, property owner, and similar development characteristics. For legal purposes, a separate resolution has been prepared for each tentative tract map since the requests can be approved/denied on an individual basis. Vesting Tentative Tract 7408 consists of 248 single-family residential lots, a 2.11 acre park lot, a sump lot, and three landscape lots on 40.56 acres. The typical residential lot is approximately 50 feet wide by 87 feet deep (4,350 square feet). The majority of the lot sizes range between 3,680 to 4,350 square feet. Vesting Tentative Tract 7415 consists of 249 single-family residential lots, a 2.66 acre park lot, a 2.50 acre drill site, and two landscape lots on 39.59 acres. The typical residential lot is approximately 50 feet wide by 87 feet deep (4,350 square feet). The majority of the lot sizes range between 3,480 to 4,350 square feet. There are a combined 497 single family dwelling units on 80.45 acres. The net density for the combined tentative maps is 10.18 dwelling units per net acre, which is consistent with the HMR designation of the project site of greater than 7.26 dwelling units per net acre or less than or equal to 17.42 dwelling units per net acre. The applicant’s project narrative for related PUD No. 23-0331 and PDR No. 23-0508 describes their proposal for an innovative design for alternative housing opportunities. The product footprint of the single-family homes ranges from 1,000 to 3,500 square feet in size from both single or multiple story construction. Each residence features a rear-loaded garage with 4 to 6 cluster of lots sharing a common driveway. Ten-foot wide paseos with common pedestrian walkways will connect residents to the 4.77 acre park, which is centrally located between VTTM 7408 and 7415. The front yard paseos, shared driveway, and all common areas are to be maintained by the Home Owner’s Association (HOA). Consistency/Deviation from Design Standards. The City Council approved the Planned Development Review (PDR File No. 23-0331) for PUD zoning and several modifications to City standards (Modification File No. 23-0508). The deviations from standard are listed below in Table A. Except as may otherwise be 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. Vesting Tentative Tract Maps 7408 & 7415 Page 3 In accordance with Bakersfield Municipal Code Section 16.28.170 (O), deviations from City standards proposed with tentative maps may be allowed if approved as part of the PUD (Planned Unit Development) zone. Table A reflects the deviations approved with related Planned Development Review for PUD No. 23-0331. Table A. Deviation Requests REQUEST APPLICANT’S REASON/JUSTIFICATION STAFF COMMENT/ RECOMMENDATION 1. Minimum lot size of 3,000 sf (BMC 16.28.170.A&O) Smaller lot sizes to accommodate higher density to assist in meeting State Regional Housing Needs Allocation goals. Tentative map reflects approval of PUD No. 23-0331 and Modification No. 23-0508. Approve lot sizes as shown on tentative map consistent with PDR 23-0508. Approve. 2. Reduced lot frontage T7408: Interior: 55 ft to 45 ft Corner: 60 ft to 50 ft Knuckle: 35 ft to 27 ft T7415: Interior: 55 ft to 41 ft Corner: 60 ft to 45 ft Knuckle: 35 ft to 20 ft (BMC 16.28.170 B) Same as #1 above. Tentative map reflects approval of PUD No. 23-0331 and Modification No. 23-0508. Approve reduced lot frontage as shown on tentative map consistent with PDR 23-0508. Approve. 3. Reduced lot depth from 100 ft to: T7408: 75 ft T7415: 82 ft (BMC 16.28.170 C) Same as #1 above. Tentative map reflects approval of PUD No. 23-0331 and Modification No. 23-0508. Approve reduced lot frontage as shown on tentative map consistent with PDR 23-0508. Approve. 4. Reduced lot depth adjacent agriculture zone from 140 ft to . T7408: 92 ft T7415: 132 ft (BMC 16.28.170 C.1) Likely adjacent agriculture zone will be developed in the future. Allows reduced lot sizes per #1 above. Propose block wall to separate zones. Tentative map reflects approval of PUD No. 23-0331 and Modification No. 23-0508. Approve reduced lot depth as shown on tentative map consistent with PDR 23-0508. Require block wall and covenant. Approve. Vesting Tentative Tract Maps 7408 & 7415 Page 4 5. Reduced lot width from T7408: Interior: 55 ft to 40 ft Corner: 60 ft to 50 ft T7415: Interior: 55 to 39 ft Corner: 60 ft to 50 ft (BMC 16.27.170 D) Same as #1 above. Tentative map reflects approval of PUD No. 23-0331 and Modification No. 23-0508. Approve reduced lot width as shown on tentative map consistent with PDR 23-0508. Approve. 6. Reduced lot width adjacent agriculture zone from 100 ft to 40 ft. (BMC 16.28.170 D.1) Same as #3 above. Tentative map reflects approval of PUD No. 23-0331 and Modification No. 23-0508. Approve reduced lot depth as shown on tentative map consistent with PDR 23-0508. Require block wall and covenant. Approve. 7. Reduced lot width adjacent railroad for T7415 from 85 ft to 50 ft. (BMC 16.28.170 D.2) Same as #1 above. Tentative map reflects approval of PUD No. 23-0331 and Modification No. 23-0508. Approve reduced lot depth as shown on tentative map consistent with PDR 23-0508. Require block wall and covenant. Approve. 8. Non-radial lot lines (BMC 16.28.170 F) Unique shape and dimensions of property design limits ability to adhere strictly to City standard. Tentative map reflects approval of PUD No. 23-0331 and Modification No. 23-0508. Approve. 9. Double frontage along Pensinger & So. Allen Rd. and Alisa Ln. (BMC 16.28.170 H ) Propose block wall along these street frontages. Controlling factors such as traffic, safety, appearance, setback. Wall and landscaping maintained by HOA. Approve. 10. Reverse corner lots as shown on tentative map. (BMC 16.28.170 P) Existing project boundary and road alignments restrict design. All corner lots must meet Clear Sight criteria for safety purposes. Approve. Circulation. Access to this subdivision would be from future So. Allen Road (arterial) along the subdivision’s west boundary and Pensinger Road (collector) on the south boundary. Two local streets are proposed to be extended between VTTM 7408 and 7415 to provide internal circulation within the neighborhood. Vesting Tentative Tract Maps 7408 & 7415 Page 5 Park Land In-Lieu Fees/Dedication. The City of Bakersfield Recreation and Parks Department provides park and recreational services to the project site. The nearest existing City park is Granite Point Park located approximately half a mile north of the project site. The applicant proposes to dedicate and construct a combined 4.77 acre public park consisting of a 2.11 acre lot in VTTM 7405 and 2.66 acre lot in VTTM 7415. The park is centrally located in the overall development. Access to the park is planned via paseos and local streets. The Recreation and Parks Department recommends conditions of approval to ensure that the park is constructed and maintained consistent with the Planned Unit Development Plan (File No. 23-0331) approved for this development. Dedication of the park would satisfy the park land requirement of Bakersfield Municipal Code (BMC) Chapter 15.80. 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.3 by reserving a 2.5 acre drill site to serve mineral interests for both tentative maps. The drill site is located in the northwest portion of VTTM 7415, near So. Allen Road and the railroad tracks. The applicant provided the required notice to mineral interests. Staff recommends the Planning Commission approve the waiver of these signatures on the final map, subject to the condition that the drill site be encumbered by a covenant prior to the recordation of the first final map. 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. ENVIRONMENTAL REVIEW AND DETERMINATION: A Mitigated Negative Declaration (MND) was adopted for GPA/ZC 22-0339, PDR 23-0331 and MOD 23- 0508 by the City of Bakersfield City Council on November 29, 2023 in accordance with the California Environmental Quality Act (CEQA). A Notice of Determination (NOD) was filed with the Kern County Clerk . No new significant impacts, nor substantial increase in severity of impacts will result with proposed VTTMs 7408 and 7415 from those previously identified in the MND for GPA/ZC 22-0339, PDR 23-0331 and MOD 23-0508. 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. The Project will not significantly impact the physical environment because mitigation measures from the previously adopted MND have been included and are attached to the resolution. 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. Vesting Tentative Tract Maps 7408 & 7415 Page 6 CONCLUSIONS: Consistency with General Plan and Zoning Ordinance. The applicant has requested approval of VTTM 7408 and 7415 to develop a 497 small lot single family residential development including a 4.77 acre public park. The applicant states the purpose of this request is to facilitate residential development with increased density to assist in meeting State Regional Housing Needs Allocation goals. Both tentative subdivisions zoned R-3/PUD are subject to PUD 23-0331 and Planned Development Review 23-0508, which allowed several deviations to standards including reduction in lot size (area), lot width, depth and common lot access. Vesting Tentative Tract 7408 consists of 248 single-family residential lots, a 2.11 acre park lot, a sump lot, and three landscape lots on 40.56 acres. The typical residential lot is approximately 50 feet wide by 87 feet deep (4,350 square feet). Vesting Tentative Tract 7415 consists of 249 single-family residential lots, a 2.66 acre park lot, a 2.50 acre drill site, and two landscape lots on 39.59 acres. The typical residential lot is approximately 50 feet wide by 87 feet deep (4,350 square feet). The proposal is consistent with land use goals and policies as contained in the General Plan, which encourages continuity of existing development and allows incremental expansion of infrastructure. Additionally, the proposed project is consistent with the Zoning Ordinance, and any future development on site will also be required to comply with all applicable regulations and design standards in the Zoning Ordinance, except for deviations as approved in related PUD 23-0331 and PDR 23-0508. 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.3 (reserving a drill site). Based on information in the record, Staff recommends your Commission adopt the Resolution and findings APPROVING Vesting Tentative Tract Maps 7405 and 7415 as outlined in this staff report subject to the recommended conditions as attached to each resolution. ATTACHMENTS: Map Set • Aerial • Zone Classification • General Plan Designation • Vesting Tentative Tract Map 7408 • Vesting Tentative Tract Map 7415 • Planning Commission Draft Resolution – VTTM 7408 • Planning Commission Draft Resolution – VTTM 7415 Page 1 of 4 DRAFT RESOLUTION NO. ________ RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE VESTING TENTATIVE TRACT MAP 7408( PHASED) LOCATED ON THE NORTHEAST CORNER OF PENSINGER ROAD AND FUTURE SO. ALLEN ROAD. WHEREAS, McIntosh and Associates representing the Piper Family Trust, et. al, filed an application with the City of Bakersfield Planning Department requesting a Vesting Tentative Tract Map 7408 (the “Project”), and a modification request to allow reduction in lot size and design, including area, lot width and depth adjacent railroad right-of-way and an agricultural zone consisting of 248 lots on 40.56 acres to develop small lot single-family residential development, as shown on attached Exhibit “B”, located on the northeast corner of Pensinger Road and future So. Allen Road, as shown on attached Exhibit “C”; and WHEREAS, the application was deemed complete on October 20, 2023; and WHEREAS, an initial study was conducted, and it was determined that the Project would not have a significant effect on the environment and a Mitigated Negative Declaration was prepared and approved by the City Council on November 29, 2023, in conjunction with General Plan Amendment/Zone Change No. 22-0337, in accordance with California Environmental Quality Act (CEQA); and WHEREAS, the Secretary of the Planning Commission, did set, Thursday, December 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 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, 10 days prior to the hearing. Page 2 of 4 2. Staff determined that the proposed activity is a project, and an initial study was prepared for the original project (GPA/ZC No. 22-0337) of the subject property and a Mitigated Negative Declaration was adopted on November 29, 2023 by the City Council for the original project, and duly noticed for public review. 3. Said Mitigated Negative Declaration for the Project 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 air quality, biological resources, cultural resources, paleontological resources, hazards/materials and traffic 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 HMR (High Medium 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.3. The applicant has provided evidence with the Project application that it is appropriate to waive mineral right owners’ signatures in accordance with BMC Section 16.20.060 A.3., the subdivider intends to reserve (a) drill island (s) for mineral access and has provided notice of such as required in Section 16.20.060 A.3. to each mineral owner and lessee of record. Evidence that the drill site is encumbered as such shall be by recorded document prior to recordation of the first final map. 7. In accordance with BMC 16.28.170 H, Pensinger Road, future So. Allen Road and Alisa Lane function as a major or entry street 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 lot and the major street. Page 3 of 4 8. The request for modifications as summarized listed below is consistent with sound engineering practices or subdivision design features as conditioned and shown on Exhibit C. • Reduced minimum lot size. • Reduced lot frontage. • Reduced lot depth. • Reduced lot depth adjacent agriculture zone. • Reduced lot width. • Reduced lot width adjacent agriculture zone. • Non-radial lot lines as shown on tentative map. • Double frontage lots along Pensinger & So. Allen Rd. and Alisa Ln. • Reverse corner lots as shown on tentative map. 9. The conditions of approval are necessary for orderly development and to provide for 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. This map pertains to the Mitigated Negative Declaration previously approved in conjunction with General Plan Amendment/Zone Change No. 22-0337. 3. Vesting Tentative Tract Map 7408 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 December 21, 2023, on a motion by Commissioner _____and seconded by Commissioner ______, by the following vote. AYES: NOES: ABSENT: APPROVED ZACK BASHIRTASH, CHAIR City of Bakersfield Planning Commission Page 4 of 4 Exhibits (attached): Exhibit A: Conditions of Approval/ Mitigation Measures Exhibit B: Location Map Exhibit C: Tentative Map By jeng / S:\05_Land Division\7408\01_Hearing & Noticing Documents\Draft\7408_PC-Res.docx By jeng \ S:\05_Land Division\7408\01_Hearing & Noticing Documents\Draft\T7408 Exh A Conditions.docx EXHIBIT “A” VESTING TENTATIVE TRACT 7408 CONDITIONS OF APPROVAL NOTE to Subdivider/Applicant: It is important that you review and comply with requirements and deadlines listed in the “FOR YOUR INFORMATION” packet that is provided separately. This packet contains existing ordinance requirements, policies, and departmental operating procedures as they may apply to this subdivision. PUBLIC WORKS 1.Approval of this tentative map does not indicate approval of grading, drainage lines and appurtenant facilities shown, or any variations from ordinance, standard, and policy requirements which have neither been requested nor specifically approved. 2.Prior to grading plan review submit the following for review and approval: 2.1. A drainage study for the entire subdivision, or a revision to the approved study. 2.2. 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. 2.3. 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. 3.The following conditions must be reflected in the design of the improvement plans: 3.1. Final plan check fees shall be submitted with the first plan check submission. 3.2. Per Resolution 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. 3.3. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. Install conduit and pull ropes in future traffic signal locations. 3.4. In addition to other paving requirements, on and off-site road improvements may be required from any collector or arterial street to provide left turn 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. Exhibit “A” VTTM 7408 Page 2 of 11 By jeng/ S:\05_Land Division\7408\01_Hearing & Noticing Documents\Draft\T7408 Exh A Conditions.docx 3.5. 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. 3.6. 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. 4. The subdivider shall either construct the equivalent full width landscaped median island in Allen Rd 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. 5. The subdivider is responsible for implementing the following: 5.1. 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. 5.2. Expanded intersections are required at all intersections with collectors and arterials. 5.3. 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 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. 5.4. 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. 5.4.1. The following shall occur with Phase 1: 5.4.1.1. Construct Pensinger Rd to full ½ width City collector standards for the full frontage of the tract map, from Allen Rd to the eastern tract boundary. Exhibit “A” VTTM 7408 Page 3 of 11 By jeng/ S:\05_Land Division\7408\01_Hearing & Noticing Documents\Draft\T7408 Exh A Conditions.docx 5.4.1.2. Construct Allen Rd to full ½ width City arterial standards from Pensinger Rd to the Phase 1/5 boundary. 5.4.2. The following shall occur with Phase 4: 5.4.2.1. Construct Allen Rd to ½ width City arterial standards, including asphalt pavement, curb, gutter, and sidewalk from the Phase 1/5 boundary to the northern tract boundary. 5.4.2.2. Construct Alisa Ln & Roble Dr, full width, in order to provide secondary access to the tract. 5.4.3. The following shall occur with Phase 5: 5.4.3.1. Construct the landscaping and wall along Allen Rd from the Phase 1/5 boundary to the northern tract 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. 5.5. Secondary access shall be provided prior to recording of any phase when the cumulative total of recorded lots, for Tract 7408 and/or 7415, will exceed 200. 5.6. 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. 5.7. 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. 5.8. 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. 5.9. 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. 5.10. 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. 5.11. Drainage basins shall be reviewed and approved by both the Public Works Department and the Water Resources Department. 5.12. Install blue markers in the street at the fire hydrants per the Fire Department requirements. Exhibit “A” VTTM 7408 Page 4 of 11 By jeng/ S:\05_Land Division\7408\01_Hearing & Noticing Documents\Draft\T7408 Exh A Conditions.docx 6. The following must be reflected in the final map design: 6.1. A waiver of direct access shall be required for all lots abutting any arterials and collectors. 7. 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. 8. Prior to recording the first final map: 8.1. The City Council must have taken final action for inclusion of this tract within the Consolidated Maintenance District. 8.2. The developer is required to construct an improvement which is on the facilities list for the Metropolitan Bakersfield Transportation Impact Fee Allen Rd. 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. 8.3. 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. Prior to recording each final map: 9.1. 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. 9.2. 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. 9.3. 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 Exhibit “A” VTTM 7408 Page 5 of 11 By jeng/ S:\05_Land Division\7408\01_Hearing & Noticing Documents\Draft\T7408 Exh A Conditions.docx 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. 10. Prior to Notice of Completion: 10.1. The storm drain system, including the sump, shall be inspected and any debris removed. 11. This subdivision is located within the McAllister Ranch Planned sewer area per Resolution 107-06 and is subject to fees. Pay such fees prior to building permit issuance. RECREATION AND PARKS 12. Prior to recordation of the first final map, the subdivider shall enter into an agreement with the City of Bakersfield to construct the park to City standards, dedicate land with free and clear title to the City of Bakersfield based on a park land dedication requirement of 2.5 acres per 1,000 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. 12.1. The park shall be maintained through a homeowner’s association (HOA), or other entity as approved by the City Attorney. 12.2. Tract 7408 Subdivider shall dedicate 2.11 acres. 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. Staff recommends this condition in accordance with BMC Chapter 15.80. 13. Prior to recordation the final map for the fifth phase or as determined by the Recreation and Parks Director, the subdivider shall construct the park. 14. Prior to recordation of any final map, the subdivider shall record a covenant on all lots of the subdivision disclosing the potential for light, glare, traffic and noise disturbances associated with the operations of the park. Covenant shall be reviewed for approval by the City Attorney and City Recreation and Parks Director prior to recordation. 15. Subdivider shall be responsible for improving streets adjacent to the park site to City standards. 16. Subdivider shall provide all required utilities to the park site to City standards. Confirm with the Recreation and Parks Department for requirements. Exhibit “A” VTTM 7408 Page 6 of 11 By jeng/ S:\05_Land Division\7408\01_Hearing & Noticing Documents\Draft\T7408 Exh A Conditions.docx 17.Tract 7408 Landscape Lots and PUE “B” on South Allen Road & “C” on Pensinger shall be privately maintained by an established HOA or approved CC & R’s for the subdivision. CITY ATTORNEY 18.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 19.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. 20.The subdivision shall be recorded in no more than 6 phases. Phases shall be identified numerically and not alphabetically. Orderly development. 21.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. The water purveyor has included an expiration date in the initial “will serve” letter. Exhibit “A” VTTM 7408 Page 7 of 11 By jeng/ S:\05_Land Division\7408\01_Hearing & Noticing Documents\Draft\T7408 Exh A Conditions.docx 22.Mineral Rights: Prior to recordation of the first final map, the following shall apply: 22.1 Record a covenant encumbering the drill site as such; 22.2 Record a covenant of all lots of this subdivision within 500 feet of the drill site disclosing the drill site location and possible activities; 22.3 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 deferred until adjacent residential lots are recorded. Wall height shall be measured to the highest adjacent grade. 22.4 Have covenants reviewed and 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. 23.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. 24. The following modifications are approved as shown on the tentative map, Exhibit C and be consistent with Planned Unit Development No. 23-0331 and Planning Director’s Review No. 23.0508: 24.1 Reduced minimum lot size less than 6,000 square feet (BMC 16.28.170 A & O). 24.2 Reduced lot frontage for interior, corner and knuckle lots (BMC 16.28.170 B). Interior: 55 ft to 45 ft Corner: 60 ft to 50 ft Knuckle: 35 ft to 27 ft 24.3 Reduced lot depth from 100 feet to 75 feet (BMC 16.28.170 C) 24.4 Reduced lot depth adjacent agriculture zone from 140 feet to 92 feet (BMC 16.28.170 C.1) 24.5 Reduced lot width from: (BMC 16.27.170 D) Interior: 55 ft to 40 ft Corner: 60 ft to 50 ft 24.6 Reduced lot width adjacent agriculture zone from 100 ft to 40 ft. (BMC 16.28.170 D.1) 24.7 Non-radial lot lines (BMC 16.28.170 F) 24.8 Double frontage along Pensinger & So. Allen Rd. and Alisa Ln. (BMC 16.28.170 H) 24.9 Reverse corner lots as shown on tentative map. (BMC 16.28.170 P) Exhibit “A” VTTM 7408 Page 8 of 11 By jeng/ S:\05_Land Division\7408\01_Hearing & Noticing Documents\Draft\T7408 Exh A Conditions.docx 25.Prior to or concurrently with recordation of each final map, subdivider shall record a common access and parking easement encumbering the shared driveway for each of the residential cluster lots. The easement (or other instrument) shall be submitted to the City Attorney and Planning Director for review and approval prior to recordation of a final map. Police power to provide for orderly development. 26.Prior to recordation of each final map on any phase abutting agriculture zone, the subdivider shall construct a 6-foot-high masonry wall (height measured from highest grade). Public health, safety and welfare. 27.Prior to recordation of each final map on any lot within 500 feet of an agricultural zone, the subdivider shall record a covenant disclosing the location of the agriculture zone and and its operations on any 24-hour basis for the potential to create noise, smells, dust, vibration and other possible nuisance associated with agricultural operations. The covenant shall be submitted to the City Attorney and Planning Director for review and approval prior to recordation of a final map. Orderly development 28.Prior to recordation or concurrently with recordation of each final map, subdivider shall create a Homeowners Association (HOA) and CC&Rs for the subdivision, as approved by the City Attorney and Planning Director to maintain the common areas including the paseos, private landscaping, park and landscaping along Pensinger Rd., So. Allen Rd. and Alisa Ln. Prior to recordation, the subdivider shall submit HOA and CC&Rs to the City for review and approval. Orderly development. 29.Subdivider shall be required to comply with clear sight lines per BMC Section 17.08.175 on all corner lots. Prior to recordation of each final map, subdivider shall submit for substantial conformance, a diagram demonstrating the corner lot(s) comply with said section and have an adequate building envelope that meets required setbacks. (Note: if unable to comply, the lot(s) shall be adjusted to comply with clear sight line and other applicable ordinances and be approved by the Planning Director prior to recordation of a final map.) Required for public safety. 30.This subdivision map is subject to the approval of all conditions adopted for Planned Development Review No. 23-0331 and Zone Modification No. 23-0508. Exhibit “A” VTTM 7408 Page 9 of 11 By jeng/ S:\05_Land Division\7408\01_Hearing & Noticing Documents\Draft\T7408 Exh A Conditions.docx MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 22-0337 AND PLANNED DEVELOPMENT REVIEW 23-0331 Air Quality Impact Mitigation Measures: 31. Prior to grading plan approval, the applicant/developer shall submit documentation to the Planning Division that they are compliant with air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District (SJVAPCD). The documentation shall specify that the Project has complied with the SJVAPCD’s Indirect Source (Rule 9510) Biological Resources Impact Mitigation Measures: 32. Prior to ground disturbance, the project proponent shall comply with federal and state laws protecting species of plants, fish, and wildlife that are listed or proposed for listing as endangered or threatened, as well as their designated critical habitat. If the presence of an endangered or threatened species on private land that overlaps with development that impose certain duties, such as avoiding unauthorized take and requiring consultation with the United States Fish & Wildlife Service (USFWS) and/or California Department of Fish & Wildlife (CDFW) agency. If unauthorized take occurs, property owners and developers shall take the necessary steps to ensure compliance with federal and state laws. 33. Prior to ground-disturbing activities during the nesting season for migratory birds that may nest on or near the site (generally February 1 through August 31), nesting bird surveys shall be required prior to the commencement of ground disturbance for project activities. If nesting birds are present, no new construction or ground disturbance shall occur within the appropriate avoidance area for that species until young have fledged, unless otherwise approved and monitored by a qualified onsite biologist. Appropriate avoidance shall be determined by a qualified biologist. In general, minimum avoidance zones for active nests shall be implemented as follows: 1) ground or low-shrub nesting non-raptors – 300 feet (91 meters); 2) burrowing owl – as appropriate based on nest location, existing surrounding activity, and evaluation of owl behavior. Coordination with CDFW shall be required; 3) Sensitive raptors (e.g., prairie falcon, golden eagle) – 0.5 miles (0.8 kilometers); 4) other raptors – 500 feet (152 meters). Exhibit “A” VTTM 7408 Page 10 of 11 By jeng/ S:\05_Land Division\7408\01_Hearing & Noticing Documents\Draft\T7408 Exh A Conditions.docx Cultural Resources Impact Mitigation Measures: 33. Prior to construction and as needed throughout the construction period, a cultural awareness/resources training program shall be provided to all new construction workers within one week of employment at the project site. The training shall be prepared and conducted by a qualified cultural resources specialist. Documentation of pre- construction training shall be submitted to the Planning Department within 5 days of training completion. 34. During construction, if cultural resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified cultural resource specialist that meets the Secretary of the Interior’s Professional Qualification Standards can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant resource, additional investigations may be required. These additional studies may include avoidance, testing, and excavation. All reports, correspondence, and determinations regarding the discovery shall be submitted to the California Historical Resources Information System’s Southern San Joaquin Valley Information Center at California State University Bakersfield. 35. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, Public Resources Code 5097.97, and Senate Bill 447 shall be followed. In the event of the discovery of human remains, at the direction of the county coroner, Health and Safety Code Section 7050.5(c) shall guide Native American consultation. Paleontological Resources Mitigation Measures: 36. During construction, if paleontological resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified paleontological resource specialist can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant paleontological resource, additional investigations may be required. These additional studies may include fossil salvage. Ground disturbance in the vicinity of the discovery site (within 50 feet) shall not resume until the resource-appropriate measures are implemented or the materials are determined to be less than significant. Hazards and Hazardous Materials: 37. Prior to the issuance of a grading permit, the project proponent shall conduct a Phase II Limited Subsurface Assessment. If soil vapors exceed the California Office of Environmental Health Hazard Assessment California Human Health Screening Levels threshold of concern for risk to human health. If the soil vapors exceed the threshold, the applicant will implement mitigation methods required by the Department of Toxic Exhibit “A” VTTM 7408 Page 11 of 11 By jeng/ S:\05_Land Division\7408\01_Hearing & Noticing Documents\Draft\T7408 Exh A Conditions.docx Substances Control and the California Environmental Protection Agency’s Vapor Intrusion Mitigation Advisory. 38. The idle oil well shall be abandoned and capped prior to issuance of a grading permit. Plugged and abandoned wells will require re-abandonment based on review by the California Department of Conservation Geologic Energy Management Division (CalGEM). All abandonment activities shall be consistent with applicable CalGEM regulations. 39. During construction, if any unknown oil, gas, or injection wells are discovered or any known or unknown wells are damaged during work at the Project site, work /activity in the area shall be stopped and CalGEM shall be contacted in order to evaluate the condition of the well. Traffic Impact Mitigation Measures: 40. Prior to the issuance of building permits, the project proponent shall participate in the Regional Transportation Impact Fee (RTIF) program by paying the adopted fees in place for the land use type at time of development. R-1 C-C/P.C.D.-PE A-20A A-20A A-20A A-20A A-20A A-20A R-1 R-1 R-1 R-1 R-1 WM-SUR-1 WM-R2 WM-R2 WM-SU WM-SU WM-SU WM-SU C-C/P.C.D.-PE C-C/P.C.D.-PE R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 C-C/P.C.D.-PE C-C/P.C.D.-PE YEADONWAYSCARPA STPUGINPLMACLURE DR HAWKSMOOR STITOWAYGIOCONDO AVEKOENIG WAYHELMUT LNNEUTRA DREIFFELPLWINDERMERESTPENSINGER RD BOLTHOUSE DR WINDERMERE STS ALLEN RDVTTM 7408 11/30/2023 0 310 620 Feet _ VTTM 7408 VTTM 7408 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 Page 1 of 4 DRAFT RESOLUTION NO. ________ RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE VESTING TENTATIVE TRACT MAP 7415 PHASED) LOCATED NEAR THE NORTHEAST CORNER OF PENSINGER ROAD AND FUTURE SO. ALLEN ROAD. WHEREAS, McIntosh and Associates representing the Piper Family Trust, et. al, filed an application with the City of Bakersfield Planning Department requesting a Vesting Tentative Tract Map 7415 (the “Project”), and a modification request to allow reduction in lot size and design, including area, lot width and depth adjacent railroad right-of-way and an agricultural zone consisting of 249 lots on 39.59 acres to develop small lot single-family residential development, as shown on attached Exhibit “B”, located near the northeast corner of Pensinger Road and future So. Allen Road, as shown on attached Exhibit “C”; and WHEREAS, the application was deemed complete on October 20, 2023; and WHEREAS, an initial study was conducted, and it was determined that the Project would not have a significant effect on the environment and a Mitigated Negative Declaration was prepared and approved by the City Council on November 29, 2023, in conjunction with General Plan Amendment/Zone Change No. 22-0337, in accordance with California Environmental Quality Act (CEQA); and WHEREAS, the Secretary of the Planning Commission, did set, Thursday, December 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 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, 10 days prior to the hearing. Page 2 of 4 2. Staff determined that the proposed activity is a project, and an initial study was prepared for the original project (GPA/ZC No. 22-0337) of the subject property and a Mitigated Negative Declaration was adopted on November 29, 2023 by the City Council for the original project, and duly noticed for public review. 3. Said Mitigated Negative Declaration for the Project 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 air quality, biological resources, cultural resources, paleontological resources, hazards/materials and traffic 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 HMR (High Medium 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.3. The applicant has provided evidence with the Project application that it is appropriate to waive mineral right owners’ signatures in accordance with BMC Section 16.20.060 A.3., the subdivider intends to reserve (a) drill island (s) for mineral access and has provided notice of such as required in Section 16.20.060 A.3. to each mineral owner and lessee of record. Evidence that the drill site is encumbered as such shall be by recorded document prior to recordation of the first final map. 7. In accordance with BMC 16.28.170 H, Pensinger Road, future So. Allen Road and Alisa Lane function as a major or entry street 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 lot and the major street. Page 3 of 4 8. The request for modifications as summarized listed below is consistent with sound engineering practices or subdivision design features as conditioned and shown on Exhibit C. • Reduced minimum lot size. • Reduced lot frontage. • Reduced lot depth. • Reduced lot depth adjacent agriculture zone. • Reduced lot width. • Reduced lot width adjacent agriculture zone. • Reduced lot width adjacent railroad right-of-way. • Non-radial lot lines as shown on tentative map. • Double frontage lots along Pensinger & So. Allen Rd. and Alisa Ln. • Reverse corner lots as shown on tentative map. 9. The conditions of approval are necessary for orderly development and to provide for 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. This map pertains to the Mitigated Negative Declaration previously approved in conjunction with General Plan Amendment/Zone Change No. 22-0337. 3. Vesting Tentative Tract Map 7415 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 December 21, 2023, on a motion by Commissioner _____and seconded by Commissioner ______, by the following vote. AYES: NOES: ABSENT: APPROVED ZACK BASHIRTASH, CHAIR City of Bakersfield Planning Commission Page 4 of 4 Exhibits (attached): Exhibit A: Conditions of Approval/ Mitigation Measures Exhibit B: Location Map Exhibit C: Vesting Tentative Tract Map 7415 Jeng / S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_PC-Res.docx By jeng \ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx EXHIBIT “A” VESTING TENTATIVE TRACT 7415 CONDITIONS OF APPROVAL NOTE to Subdivider/Applicant: It is important that you review and comply with requirements and deadlines listed in the “FOR YOUR INFORMATION” packet that is provided separately. This packet contains existing ordinance requirements, policies, and departmental operating procedures as they may apply to this subdivision. PUBLIC WORKS 1. Approval of this tentative map does not indicate approval of grading, drainage lines and appurtenant facilities shown, or any variations from ordinance, standard, and policy requirements which have neither been requested nor specifically approved. 2. Prior to grading plan review submit the following for review and approval: 2.1. A drainage study for the entire subdivision, or a revision to the approved study. 2.2. 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. 2.3. 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. 3. The following conditions must be reflected in the design of the improvement plans: 3.1. Final plan check fees shall be submitted with the first plan check submission. 3.2. Per Resolution 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. 3.3. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. Install conduit and pull ropes in future traffic signal locations. 3.4. In addition to other paving requirements, on and off-site road improvements may be required from any collector or arterial street to provide left turn 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. Exhibit “A” VTTM 7415 Page 2 of 14 By jeng/ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx 3.5. 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. 3.6. 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. 4. The subdivider shall either construct the equivalent full width landscaped median island in Allen Rd 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. 5. The subdivider is responsible for implementing the following: 5.1. 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. 5.2. Expanded intersections are required at all intersections with collectors and arterials. 5.3. 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 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. 5.4. 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. 5.4.1. The following shall occur with Phase 1: 5.4.1.1. Construct Pensinger Rd to full ½ width City collector standards for the full frontage of the tract map, from Allen Rd to the eastern tract boundary. Exhibit “A” VTTM 7415 Page 3 of 14 By jeng/ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx 5.4.1.2. Construct Allen Rd to full ½ width City arterial standards from Pensinger Rd to the Phase 1/5 boundary. 5.4.2. The following shall occur with Phase 4: 5.4.2.1. Construct Allen Rd to ½ width City arterial standards, including asphalt pavement, curb, gutter, and sidewalk from the Phase 1/5 boundary to the northern tract boundary. 5.4.2.2. Construct Alisa Ln & Roble Dr, full width, in order to provide secondary access to the tract. 5.4.3. The following shall occur with Phase 5: 5.4.3.1. Construct the landscaping and wall along Allen Rd from the Phase 1/5 boundary to the northern tract 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. 5.5. Secondary access shall be provided prior to recording of any phase when the cumulative total of recorded lots, for Tract 7408 and/or 7415, will exceed 200. 5.6. 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. 5.7. 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. 5.8. 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. 5.9. 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. 5.10. 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. 5.11. Drainage basins shall be reviewed and approved by both the Public Works Department and the Water Resources Department. 5.12. Install blue markers in the street at the fire hydrants per the Fire Department requirements. Exhibit “A” VTTM 7415 Page 4 of 14 By jeng/ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx 6. The following must be reflected in the final map design: 6.1. A waiver of direct access shall be required for all lots abutting any arterials and collectors. 7. 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. 8. Prior to recording the first final map: 8.1. The City Council must have taken final action for inclusion of this tract within the Consolidated Maintenance District. 8.2. The developer is required to construct an improvement which is on the facilities list for the Metropolitan Bakersfield Transportation Impact Fee Allen Rd. 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. 8.3. 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. Prior to recording each final map: 9.1. 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. 9.2. 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. 9.3. 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 Exhibit “A” VTTM 7415 Page 5 of 14 By jeng/ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx 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. 10. Prior to Notice of Completion: 10.1. The storm drain system, including the sump, shall be inspected and any debris removed. 11. This subdivision is located within the McAllister Ranch Planned sewer area per Resolution 107-06 and is subject to fees. Pay such fees prior to building permit issuance. RECREATION AND PARKS 12. Prior to recordation of the first final map, the subdivider shall enter into an agreement with the City of Bakersfield to construct the park to City standards, dedicate land with free and clear title to the City of Bakersfield based on a park land dedication requirement of 2.5 acres per 1,000 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. 12.1. The park shall be maintained through a homeowner’s association (HOA), or other entity as approved by the City Attorney. 12.2. Tract 7415 Subdivider shall dedicate 2.66 acres. 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. Staff recommends this condition in accordance with BMC Chapter 15.80. 13. Prior to recordation of the final map for the first phase or as determined by the Recreation and Parks Director, the subdivider shall construct the park. 14. Prior to recordation of any final map, the subdivider shall record a covenant on all lots of the subdivision disclosing the potential for light, glare, traffic and noise disturbances associated with the operations of the park. Covenant shall be reviewed for approval by the City Attorney and City Recreation and Parks Director prior to recordation. 15. Subdivider shall be responsible for improving streets adjacent to the park site to City standards. 16. Subdivider shall provide all required utilities to the park site to City standards. Confirm with the Recreation and Parks Department for requirements. Exhibit “A” VTTM 7415 Page 6 of 14 By jeng/ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx 17. Tract 7415 Landscape Lots “B” and PUE on South Allen Road shall be privately maintained by an established HOA or approved CC & R’s for the subdivision. Orderly development CITY ATTORNEY 18. 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 19. 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. 20. The subdivision shall be recorded in no more than 6 phases. Phases shall be identified numerically and not alphabetically. Orderly development. 21. 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. Exhibit “A” VTTM 7415 Page 7 of 14 By jeng/ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx Required for orderly development and provide for the public health, welfare and safety. The water purveyor has included an expiration date in the initial “will serve” letter. 22. Mineral Rights: Prior to recordation of the first final map, the following shall apply: 22.1 Record a covenant encumbering the drill site as such; 22.2 Record a covenant of all lots of this subdivision within 500 feet of the drill site disclosing the drill site location and possible activities; 22.3 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 deferred until adjacent residential lots are recorded. Wall height shall be measured to the highest adjacent grade. 22.4 Have covenants reviewed and 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. 23. 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. 24. The following modifications are approved as shown on the tentative map, Exhibit C and be consistent with Planned Unit Development No. 23-0331 and Planning Director’s Review No. 23.0508: 24.1 Reduced minimum lot size less than 6,000 square feet (BMC 16.28.170 A & O). 24.2 Reduced lot frontage for interior, corner and knuckle lots (BMC 16.28.170 B). Interior: 55 ft to 45 ft Corner: 60 ft to 50 ft Knuckle: 35 ft to 27 ft 24.3 Reduced lot depth from 100 feet to 75 feet (BMC 16.28.170 C) 24.4 Reduced lot depth adjacent agriculture zone from 140 feet to 92 feet (BMC 16.28.170 C.1) 24.5 Reduced lot width from: (BMC 16.27.170 D) Interior: 55 ft to 40 ft Corner: 60 ft to 50 ft 24.5 Reduced lot width adjacent agriculture zone from 100 ft to 40 ft. (BMC 16.28.170 D.1) 24.6 Reduced lot width adjacent railroad right-of-way from 85 feet to 50 feet. (BMC 16.28.170 D.2) 24.7 Non-radial lot lines (BMC 16.28.170 F) 24.8 Double frontage along Pensinger & So. Allen Rd. and Alisa Ln. (BMC 16.28.170 H) 24.9 Reverse corner lots as shown on tentative map. (BMC 16.28.170 P) Exhibit “A” VTTM 7415 Page 8 of 14 By jeng/ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx 25. Prior to or concurrently with recordation of each final map, subdivider shall record a common access and parking easement encumbering the shared driveway for each of the residential cluster lots. The easement (or other instrument) shall be submitted to the City Attorney and Planning Director for review and approval prior to recordation of a final map. Police power to provide for orderly development. 26. Prior to recordation of each final map on any phase abutting agriculture zone, the subdivider shall construct a 6-foot-high masonry wall (height measured from highest grade). Public health, safety and welfare. 27. Prior to recordation of each final map on any lot within 500 feet of an agricultural zone, the subdivider shall record a covenant disclosing the location of the agriculture zone and and its operations on any 24-hour basis for the potential to create noise, smells, dust, vibration and other possible nuisance associated with agricultural operations. The covenant shall be submitted to the City Attorney and Planning Director for review and approval prior to recordation of a final map. Orderly development 28. Prior to recordation of each final map on any phase abutting the railroad right-of-way, the subdivider shall construct a 6-foot-high masonry wall (height measured from highest grade). Public health, safety and welfare. 29. Prior to recordation of each final map on any lot within 500 feet of the railroad right-of- way, the subdivider shall record a covenant disclosing the location of the railroad right- of-way, and its operations on any 24-hour basis for the potential to create noise, smells, dust, vibration and other possible nuisance associated with railroad operations. The covenant shall be submitted to the City Attorney and Planning Director for review and approval prior to recordation of a final map. Orderly development 30. Prior to recordation or concurrently with recordation of each final map, subdivider shall create a Homeowners Association (HOA) and CC&Rs for the subdivision, as approved by the City Attorney and Planning Director to maintain the common areas including the paseos, private landscaping, park and landscaping along So. Allen Rd. and Alisa Ln. Prior to recordation, the subdivider shall submit HOA and CC&Rs to the City for review and approval. Orderly development. Exhibit “A” VTTM 7415 Page 9 of 14 By jeng/ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx 31. Subdivider shall be required to comply with clear sight lines per BMC Section 17.08.175 on all corner lots. Prior to recordation of each final map, subdivider shall submit for substantial conformance, a diagram demonstrating the corner lot(s) comply with said section and have an adequate building envelope that meets required setbacks. (Note: if unable to comply, the lot(s) shall be adjusted to comply with clear sight line and other applicable ordinances and be approved by the Planning Director prior to recordation of a final map.) Required for public safety. 32. This subdivision map is subject to the approval of all conditions adopted for Planned Development Review No. 23-0331 and Zone Modification No. 23-0508. MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 22-0337 AND PLANNED DEVELOPMENT REVIEW 23-0331 Air Quality Impact Mitigation Measures: 33. Prior to grading plan approval, the applicant/developer shall submit documentation to the Planning Division that they are compliant with air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District (SJVAPCD). The documentation shall specify that the Project has complied with the SJVAPCD’s Indirect Source (Rule 9510) Biological Resources Impact Mitigation Measures: 34. Prior to ground disturbance, the project proponent shall comply with federal and state laws protecting species of plants, fish, and wildlife that are listed or proposed for listing as endangered or threatened, as well as their designated critical habitat. If the presence of an endangered or threatened species on private land that overlaps with development that impose certain duties, such as avoiding unauthorized take and requiring consultation with the United States Fish & Wildlife Service (USFWS) and/or California Department of Fish & Wildlife (CDFW) agency. If unauthorized take occurs, property owners and developers shall take the necessary steps to ensure compliance with federal and state laws. 35. Prior to ground-disturbing activities during the nesting season for migratory birds that may nest on or near the site (generally February 1 through August 31), nesting bird surveys shall be required prior to the commencement of ground disturbance for project activities. If nesting birds are present, no new construction or ground disturbance shall occur within the appropriate avoidance area for that species until young have fledged, unless otherwise approved and monitored by a qualified onsite Exhibit “A” VTTM 7415 Page 10 of 14 By jeng/ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx biologist. Appropriate avoidance shall be determined by a qualified biologist. In general, minimum avoidance zones for active nests shall be implemented as follows: 1) ground or low-shrub nesting non-raptors – 300 feet (91 meters); 2) burrowing owl – as appropriate based on nest location, existing surrounding activity, and evaluation of owl behavior. Coordination with CDFW shall be required; 3) Sensitive raptors (e.g., prairie falcon, golden eagle) – 0.5 miles (0.8 kilometers); 4) other raptors – 500 feet (152 meters). Cultural Resources Impact Mitigation Measures: 33. Prior to construction and as needed throughout the construction period, a cultural awareness/resources training program shall be provided to all new construction workers within one week of employment at the project site. The training shall be prepared and conducted by a qualified cultural resources specialist. Documentation of pre- construction training shall be submitted to the Planning Department within 5 days of training completion. 34. During construction, if cultural resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified cultural resource specialist that meets the Secretary of the Interior’s Professional Qualification Standards can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant resource, additional investigations may be required. These additional studies may include avoidance, testing, and excavation. All reports, correspondence, and determinations regarding the discovery shall be submitted to the California Historical Resources Information System’s Southern San Joaquin Valley Information Center at California State University Bakersfield. 35. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, Public Resources Code 5097.97, and Senate Bill 447 shall be followed. In the event of the discovery of human remains, at the direction of the county coroner, Health and Safety Code Section 7050.5(c) shall guide Native American consultation. Paleontological Resources Mitigation Measures: 36. During construction, if paleontological resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified paleontological resource specialist can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant paleontological resource, additional Exhibit “A” VTTM 7415 Page 11 of 14 By jeng/ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx investigations may be required. These additional studies may include fossil salvage. Ground disturbance in the vicinity of the discovery site (within 50 feet) shall not resume until the resource-appropriate measures are implemented or the materials are determined to be less than significant. Hazards and Hazardous Materials: 37. Prior to the issuance of a grading permit, the project proponent shall conduct a Phase II Limited Subsurface Assessment. If soil vapors exceed the California Office of Environmental Health Hazard Assessment California Human Health Screening Levels threshold of concern for risk to human health. If the soil vapors exceed the threshold, the applicant will implement mitigation methods required by the Department of Toxic Substances Control and the California Environmental Protection Agency’s Vapor Intrusion Mitigation Advisory. 38. The idle oil well shall be abandoned and capped prior to issuance of a grading permit. Plugged and abandoned wells will require re-abandonment based on review by the California Department of Conservation Geologic Energy Management Division (CalGEM). All abandonment activities shall be consistent with applicable CalGEM regulations. 39. During construction, if any unknown oil, gas, or injection wells are discovered or any known or unknown wells are damaged during work at the Project site, work /activity in the area shall be stopped and CalGEM shall be contacted in order to evaluate the condition of the well. Traffic Impact Mitigation Measures: 40. Prior to the issuance of building permits, the project proponent shall participate in the Regional Transportation Impact Fee (RTIF) program by paying the adopted fees in place for the land use type at time of development. MITIGATION MEASURES FROM MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 22-0337 AND PLANNED DEVELOPMENT REVIEW 23-0331 Air Quality Impact Mitigation Measures: 31. Prior to grading plan approval, the applicant/developer shall submit documentation to the Planning Division that they are compliant with air quality control measures and rules required by the San Joaquin Valley Air Pollution Control District (SJVAPCD). The documentation shall specify that the Project has complied with the SJVAPCD’s Indirect Source (Rule 9510) Biological Resources Impact Mitigation Measures: Exhibit “A” VTTM 7415 Page 12 of 14 By jeng/ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx 32. Prior to ground disturbance, the project proponent shall comply with federal and state laws protecting species of plants, fish, and wildlife that are listed or proposed for listing as endangered or threatened, as well as their designated critical habitat. If the presence of an endangered or threatened species on private land that overlaps with development that impose certain duties, such as avoiding unauthorized take and requiring consultation with the United States Fish & Wildlife Service (USFWS) and/or California Department of Fish & Wildlife (CDFW) agency. If unauthorized take occurs, property owners and developers shall take the necessary steps to ensure compliance with federal and state laws. 33. Prior to ground-disturbing activities during the nesting season for migratory birds that may nest on or near the site (generally February 1 through August 31), nesting bird surveys shall be required prior to the commencement of ground disturbance for project activities. If nesting birds are present, no new construction or ground disturbance shall occur within the appropriate avoidance area for that species until young have fledged, unless otherwise approved and monitored by a qualified onsite biologist. Appropriate avoidance shall be determined by a qualified biologist. In general, minimum avoidance zones for active nests shall be implemented as follows: 5) ground or low-shrub nesting non-raptors – 300 feet (91 meters); 6) burrowing owl – as appropriate based on nest location, existing surrounding activity, and evaluation of owl behavior. Coordination with CDFW shall be required; 7) Sensitive raptors (e.g., prairie falcon, golden eagle) – 0.5 miles (0.8 kilometers); 8) other raptors – 500 feet (152 meters). Cultural Resources Impact Mitigation Measures: 41. Prior to construction and as needed throughout the construction period, a cultural awareness/resources training program shall be provided to all new construction workers within one week of employment at the project site. The training shall be prepared and conducted by a qualified cultural resources specialist. Documentation of pre- construction training shall be submitted to the Planning Department within 5 days of training completion. 42. During construction, if cultural resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified cultural resource specialist that meets the Secretary of the Interior’s Professional Qualification Standards can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant resource, additional investigations may be required. These additional studies may include avoidance, testing, and excavation. All reports, correspondence, and determinations regarding the discovery shall be submitted to the California Historical Exhibit “A” VTTM 7415 Page 13 of 14 By jeng/ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx Resources Information System’s Southern San Joaquin Valley Information Center at California State University Bakersfield. 43. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, Public Resources Code 5097.97, and Senate Bill 447 shall be followed. In the event of the discovery of human remains, at the direction of the county coroner, Health and Safety Code Section 7050.5(c) shall guide Native American consultation. Paleontological Resources Mitigation Measures: 44. During construction, if paleontological resources are encountered during construction or ground disturbance activities, all work within 50 feet of the find shall immediately cease and the area cordoned off until a qualified paleontological resource specialist can evaluate the find and make recommendations. If the specialist determines that the discovery represents a potentially significant paleontological resource, additional investigations may be required. These additional studies may include fossil salvage. Ground disturbance in the vicinity of the discovery site (within 50 feet) shall not resume until the resource-appropriate measures are implemented or the materials are determined to be less than significant. Hazards and Hazardous Materials: 45. Prior to the issuance of a grading permit, the project proponent shall conduct a Phase II Limited Subsurface Assessment. If soil vapors exceed the California Office of Environmental Health Hazard Assessment California Human Health Screening Levels threshold of concern for risk to human health. If the soil vapors exceed the threshold, the applicant will implement mitigation methods required by the Department of Toxic Substances Control and the California Environmental Protection Agency’s Vapor Intrusion Mitigation Advisory. 46. The idle oil well shall be abandoned and capped prior to issuance of a grading permit. Plugged and abandoned wells will require re-abandonment based on review by the California Department of Conservation Geologic Energy Management Division (CalGEM). All abandonment activities shall be consistent with applicable CalGEM regulations. 47. During construction, if any unknown oil, gas, or injection wells are discovered or any known or unknown wells are damaged during work at the Project site, work /activity in the area shall be stopped and CalGEM shall be contacted in order to evaluate the condition of the well. Exhibit “A” VTTM 7415 Page 14 of 14 By jeng/ S:\05_Land Division\7415\01_Hearing & Noticing Documents\Draft\7415_Exh A Con.docx Traffic Impact Mitigation Measures: 48. Prior to the issuance of building permits, the project proponent shall participate in the Regional Transportation Impact Fee (RTIF) program by paying the adopted fees in place for the land use type at time of development. R-1 C-C/P.C.D.-PE A-20A A-20A A-20A A-20A A-20A A-20A R-1 R-1 R-1 R-1 R-1 WM-SUR-1 WM-R2 WM-R2 WM-SU WM-SU WM-SU WM-SU C-C/P.C.D.-PE C-C/P.C.D.-PE R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 C-C/P.C.D.-PE C-C/P.C.D.-PE YEADONWAYSCARPA STPUGINPLMACLURE DR HAWKSMOOR STITOWAYGIOCONDO AVEKOENIG WAYHELMUT LNNEUTRA DREIFFELPLWINDERMERESTPENSINGER RD BOLTHOUSE DR WINDERMERE STS ALLEN RDVTTM 7415 11/30/2023 0 310 620 Feet _ VTTM 7415 VTTM 7415 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 EXHIBIT B EXHIBIT C