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