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HomeMy WebLinkAboutRes. No. 90-23 (VTTM 7415)RESOLUTION NO. 90-23 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 Bakers.field 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 1 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 2 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 7 415 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 held on the 21st day of December, 2023, on a motion by Commissioner Bittle, seconded by Commissioner Kaur the following vote: AYES: NOES: ABSENT: Bashirtash, Cater, Bittle, Kaur None Koman, Neal Page 3 of 4 APPROVED r; ZACK BASHIRTASH, CHAIR City of Bakersfield Planning Commission Exhibits {attached): Exhibit A: Conditions of Approval/ Mitigation Measures Exhibit B: Location Map Exhibit C: Vesting Tentative Tract Map 7 415 Page 4 of 4 EXHIBIT "A" VESTING TENTATIVE TRACT 7 415 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. 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 By jeng \ S:\05_Land Division\7415\01_Hearing & Noticing DocumentsWovus\7415Approved PC docs\7415_Exh A Con PC Updated.docx Exhibit "A" VTTM7415 Page 2 of 12 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. 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. By jeng/ S:\05_Land Division \7415\01 _Hearing & Noticing Documents\Novus\7 415 Approved PC docs\7 415_Exh A Con PC Updated.docx Exhibit "A" VTTM 7415 Page 3 of 12 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 7 408 and/or 7 415, 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. 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 § l l 6. l 6.080(E), and the cost of such offsite improvements. The notice shall include an engineer's estimate or other documentation By jeng/ S:\OS_Land Division\7415\0I_Hearing & Noticing Documents\Novus\7415 Approved PC docs\7415_Exh A Con PC Updated.docx Exhibit "A" VTTM 7415 Page 4 of 12 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 maintenancedistrict. Said covenant shall also contain information pertaining to the maximum anticipated annual cost per single family dwelling for the maintenance of landscaping associated with this tract. Said covenant shall be provided to each new property owner through escrow proceedings. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including a Proposition 218 Ballot and Covenant, which shall be signed and notarized. 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. By jeng/ S:\05_Land Division \7415\01 _Hearing & Noticing Documents\Novus\7 415 Approved PC docs\7 415_Exh A Con PC Updated.do ex Exhibit 11A" VTTM 7415 Page 5 of 12 RECREATION AND PARKS 12. Prior to recordation of the first final map, the subdivider shall enter into an agreement with the City of Bakersfield and the Subdivider for Tract 7 408, to construct the park to City standards, (including but not limited to), 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 by the City. 12.2. Tract 7 415 Subdivider shall dedicate 2.66 acres. 12.3. Prior to recordation of the final map for the first phase of Tract 7 408, the Subdivider for tract 7 415 shall have entered into an agreement with the City of Bakersfield in accordance with Condition 12 of tract 7 408. 12.4. The agreement shall provide a mechanism for reimbursement to the Subdivider for the construction of the park which shall not exceed the number of park development fees collected from Tract 7 408 and Tract 7 415 over a period of 15 years. 12.5. Prior to recordation of the first final map for tract 7 408, Subdivider shall submit a conceptual plan for the park that depicts (including but not limited to), landscaping, location, playground equipment, playing fields, benches, picnic areas, walkways, and other amenities consistent with City standards and policies. The plan shall be submitted to the Recreation and Parks Director, or his designee, for review and written agreement to the conceptual plan. 12.6. Prior to recordation of the final map for the last phase of Tract 7 408, Subdivider shall submit detailed park construction plans to the Recreation and Parks Department for review and approval. 12.7. Park Lot II A" of Tract 7 408, consisting of 2.11 acres, shall be established as a separate legal parcel upon the recordation of the final map for phase five of Tract 7408. 12.8. Park Lot II A" of Tract 7 415, consisting of 2.66 acres, shall be established as a separate legal parcel upon the recordation of the final map for phase one of Tract 7415. 12.9. Prior to recordation of the final map for the second phase of Tract 7 415, Subdivider shall complete construction of the park improvements in accordance with the plans approved by the City for the 4.77-acre park site consisting of Park Lot II A" of Tract 7 408 and Park Lot II A" of Tract 7 415. Subdivider shall dedicate the By jeng/ S:\05_Land Division \7415\01 _Hearing & Noticing Documents\Novus\7 415 Approved PC docs\7 415_Exh A Con PC Updated.docx Exhibit "A" VTTM 7415 Page 6 of 12 4.77-acre park site with the completed park improvements to the City of Bakersfield. 12.10. The Subdivider's completion of all the requirements of this Condition 12, shall satisfy all park land dedication requirements per BMC Chapter 15.80 and BMC Chapter 15.82 for Tract 7 408 and Tract 7 415. 12.11. Following the City's acceptance of the park site, its improvements, and the expiration of the one-year warranty period, the park shall be maintained by the City. 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 second map for Tract 7 415, 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. 17. Tract 7415 Landscape Lots "B" and PUE on South Allen Road shall be maintained by the City of Bakersfield. If tract 7 415 is developed as single-family residential lots with no more than one dwelling unit per residential lot. In the event Tract 7 415 is developed for multifamily use with more than one dwelling unit per residential lot, then Landscape and PUE Lot "B" on South Allen shall be 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 By jeng/ S:\OS_Land Division\7415\0I_Hearing & Noticing Documents\Novus\7415 Approved PC docs\7415_Exh A Con PC Updated.docx Exhibit "A" VTTM 7415 Page 7 of 12 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 prov1s1ons 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 6647 4.2. 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. 22. Mineral Rights: Prior to recordation of the first final map, the following shall apply: 22. l 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. By jeng/ S:\OS_Land Division\7415\0l_Hearing & Noticing Documents\Novus\7415 Approved PC docs\7415_Exh A Con PC Updated.docx Exhibit "A" VTTM 7415 Page 8 of 12 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 & 0). 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) 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. By jeng/ S:\OS_Land Division\7415\01 _Hearing & Noticing Documents\Novus\7415 Approved PC docs\741 S_Exh A Con PC Updated.docx Exhibit "A" VTTM 7415 Page 9 of 12 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. 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. By jeng/ S:\OS_Land Division\7415\0I_Hearing & Noticing Documents\Novus\7415 Approved PC docs\7415_Exh A Con PC Updated.docx Exhibit "A" VTTM 7415 Page 10 of 12 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 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: 36. 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 By jeng/ S:\05_Land Division \7415\01 _Hearing & Noticing Documents\Novus\7 415 Approved PC docs\7 415_Exh A Con PC Updated.docx Exhibit "A" VTTM 7415 Page 11 of 12 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. 37. 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. 38. 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: 39. 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: 40. 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. 41. 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. By jeng/ S:\OS_Lond Division\7415\0I_Heoring & Noticing Documents\Novus\7415 Approved PC docs\7415_Exh A Con PC Updoted.docx Exhibit "A" VTTM 7415 Page 12 of 12 42. 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: 43. 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. By jeng/ S:\05_Land Division \7415\01 _Hearing & Noticing Documents\Novus\7 415 Approved PC docs\7 415_Exh A Con PC Updated.docx VTTM 7415 CITY OF BAKERSFIELD WM-R2 C-C/P.C.D.-PE C-C/P.C.D.-PE ----.. --- -----, C-C/P.C.D.-PE C-C/P.C.D.-PE ----- C-C/P.C.D.-PE WM-R2 C ""' ; <[ 0 '- ~ § "' EXHIBIT B WM-SU R-1 R-1 R-1 ir 0 G I WM-SU R-1 R-1 R-1 ~i \ ~ R-1 R-1 ,£;:\ ~~ ~ ... WM-SU -- VTTM 7415 I I PENSINGER RO gj -' ,_ MACLURE DR A-20A A-20A % ~ rrr JI -· '-HAWKSMOOR ST ~~ ~{ I I I R-1 R-1 WM-SU \ 110\.1\10\l)t \ I)'/. I i \:) ..., "' "" . 3: ::;; IE ;: l ~I I : -. ·--·-··-·--- A-20A A-20A R-1 R-1 [II[ ,-. ~ ~ "" :OE H ~ KOENIG~ -'~fwAY~ ~ R-1 I .., R-1 I 0 LEGEND (ZONE DISTRICTS) R-1 One family Dwelling 6,000 sq.ft. min lot size R-t-4.S 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, l or 10 min lot size R•2 limited Multiple family Dwelling 4,500 sq.ft. min lot size (single family) 6,000 sqJt. min lot size (multifamily) 2,500 sqJt. lot area/dwelling unit R•J Multiple family Dwelling 6,000 sq.fl. min lot size 1,250 sq.ft. lot area/dwelling unit R•4 High Density Multiple family Dwelling 6,000 sq,lt. 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 PUO Planned Unit Development TT Travel Trailer Pork MH Mobilehome C-0 Professional and Administrative Office C-1 Neighborhood Commercial c.2 Regional Commercial (-( Commercial Center C-B Central Business PCO Planned Commercial Development M-1 Light Manufacturing M-2 General Manufacturing M-3 Heavy Industrial P Automobile Parking RE Reueotion Ch Church Overlay OS Open Space HOSP Hospital Overlay AO Architectural Design Overlay fp.p floodplain Primary FP-S Floodplain Secandory AA Airport Approach 01 Drilling Island PE Petroleum Extraction Combining SC Senior Citizen Overlay HD Hillside Development Combining WM-West Ming Specific Pion (;, BAKERSFIELD t Feet 310 11/30/2023 620 EXHIBIT C VESTING TENTATIVE TRACT No. 7415 BEING A SUBDIVISION OF PORTIONS Of LOTS 7, 8 & 10 Of SALES MAP Of LANOS OF KERN COUNTY LAND COMPANY FILED AUGUST 27, 1892, IN lHE OFFICE Of lHE KERN COUNTY RECORDER; ALSO BEING A PORTION Of lHE NOR1H\\£ST QUARlER Of SECTION 24, TO\\l'ISHIP 30 SOUlH, RANGE 26 EAST, M.D.M., IN lHE QTY Of BAKERSFIEI.D, COUNTY Of KERN, STAlE Of CALIFORNIA CONTAINING 249 LOTS, 2 LANDSCAPE LOTS, 1 DRILL ISLAND LOT & 1 PARK LOT 39,59 GROSS ACRES 0,H;R/stmmeR: 1, JAMES S. ULMER, SUCESSOR lRUSttE. Of THE PA1RICIA ANN SCMREINER 2005 SEPARAlE PROPERTY TRUST 2. HAROI.D A. JOHNSEN AND HAROI.D JOHNSEN 3, MICHAEL GENE 1-ClMNZI AND ROSA GEORGIMA LORENZI. 'lfflJ:ntts OF TI-IE MlaiAEL GENE LORENZI AND ROSA. GEORGINA LORENZI 2014 REVOCABI.£ TRUST 4. tEDD B. PIPER AND SUSAN C. PIPER. 1RUSTEES Of' THE PIPER F'AMILY lRUST DATED 11/23/2005 -Alffl:PIZED AQliiNP UR8AN I.ANO AD\'ISORS, LLC P.O. Box 11358 BNCERSflEl.D, CA 93389 CONTACT: MATTHEW WADE PHONE: (&e1) 885-9406 MclNTOSH le ASSOCIATES NOlE: tHEEXACTLOCATIONAN>EXlEMT or DIE Rl1.0'MHG£ASEMEN1S ARE NOT ASCatTAINABLEFROlilRECORO: ;< ~=~D~ 9~~f STE. 103 CONTACT: SAM WALKER PHONE: (661) 834-4814 t --APH: 1535-010-0'I ac 04 ALL ROAD IMPRO'iOIDllS AND DIWNAGE IN 'DIS SUBIJMSION SIT£ACREACE: 39.SiAaa(CROSS) ~~~~:-~~~ NETD£NSITY: ~!,4\or~~LOTS ""'"" ...... -LANDUSE, ...... """""°' '"""" """"" SOIOOLDISlRIC'f. """"' FLOOOZCWE:X 10.18D.U.P£RNETACR£'. ..., R-3 UI """ -P.C. a: E. SOU'IHERN CAl.lFORNIA GAS COMPANY CITYOF'BAKERSFlEl.O A.T,l:T, QT'l'Of"8AKERSF1ELD SUMP PANAMA BUENA 'nSTA I.IION AND KERNutlONHIGHSCKOl1DlS1RICT BUENA',1STAELEWDITARY EARL WARM>! JJNIORHIGff STOa<DALEHIGHSOIOCI. FIRM PANEL NO.: 06029C2275F lHEPHASESAREFORIDENllFIClt110N TNECESSARILYIMPI.YTHE(ft)EROF TRACTl'«U.Bt~OPEDINUPT05 EA$MNI l£9ftP ~~~~==..:r~ AUG. 27, 1892 <z)>~~~v===.r eo&.PG.163,0.R, 4>~~~~==:v~ AUG. 27, 1892 (TOBEABNC>Cli£0) ITISAN110PATED?HAT'IH£GRADINCOF''MS1RACT'IIIU.BE ;.~1:-...a~kOOlUNEDwtHINSECllON 11UUI.JO(O) 1HIS lRACT SHAU. f'0U.OW 'flfE "COMPWE STREET" POUCY PER RESOWllON Ol5-13. 51ftEET NAME SIGNS StlN.L Bt: INSTAJJ.ED PER C.O.S. SlD, T-1. ~~Ji lfil:l~~s&U~ := I:° IS """""-""""'- AU.RE'IURHRADIIAREZ<IUNLESSOMRMSENOlED. AU. aJL-0£-SAC AND KNUOCl£ R£lURN RADII ARE 2S' UNl£SS -N01ED. ALLIOIUCIURADIUSAIIEt2'11MISS01HERMSENOlQl. Mm: T0 Pl>.NNINODEPARTMEMT A£:A1.TERHA'ltS1REETNAMES aJRl'ETAlllE ~~~~~%~~~ alM RADIUS lMlK TANGEHT DELTA 806,PC.153.0.R.(lOBEABANDONED) ~~"Wf~_'tACCESS ~~~~-f;ACCE;$ Cl l1Ctl' l2.0lf 32.23' J8'38"l5" SCALE: 1' = 80' ,..; ..: !IQ m cm · 1 LAND ADVISORS, LLC APOIITIDICOFMN.W,11'40l'tEtl.M.,T.-.a-.lWiL I I TENTATIVE TRACT NO. 7415 " S<X/AREFEET •• DWEIJJNGUNIT "'-"""' 5T Sll!EET LS. I.ANll5CAPE 4> SE££ADEHTLECEND 0 FOUNOIIOIUMENTASDESalBED eo MOtUIEMTS TO BE SET PER FINAL MAP + EXISTING STREET NAME SIGH " EXISllfGSEY£RMAHHOI.£ " ElCISllNCSE\\ERctEANOUT " EXISlWCST0RMDRAIMMAIOICU: ·-------EXISTING 0'IERtlEAD PO¥ER UN£ -·· -~--~--DISllNC SEWER UNE -··-·•--~~•---•~ ElllS11NGSTORUDRAINl.li£ ----EXISllNG WAlERI.INE _._,,"' __ --·-EXISllNC TELEPHONE UNE ElQSllNG GAS LINE ---f-EXIS11NGUllUTY'IRENa1 --·---------D1S1ING EDGE Of' PA"91ENT ·---•Jt--~-DlSllNG Ol>JN Ut« FENCE .,...,. . ....--m,3eo---·--£XIS11NGGROUNDCONTOUR -·•---PR<l'OSED'"""DRAOI --------PHAStLtfE lRACTBOUNOAR'f -w =w& AND N'(""'fC"((..-,'(-• WAl'iUICF'DIRECTACCESS DEOICA1iDPER FlNALIIIAP .Jl.. _o ' . ... PROPOSED CAn:H BASIN PR0POSE1) ORAlt MANHOt.E UNETAllE IIEI BEAflllGllmAMCE LI ISJ1'ZT27W I 14.81' 12 IM48'011'51"WI 30.21' Ll JM&r1)(4J"WI SD.OJ' N.1/4CIR.11EC.:M.UOS.uei:.11.11Jt. FD.I I.C.Ollll.lnl'll."i.S1ffl"PDI: ,R,ISIK.11,~ .. ,. Sff'21'l4"£ _J.!1.!•l': EXHIBIT C VESTING TENTATIVE TRACT No. 7415 BEJNG A SUBDIVISION OF PORTIONS OF LOlS 7, 8 & 10 OF SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY ALEO AUGUST 27, 1892, IN lHE OFACE OF lHE KERN COUNTY RECORDER; ALSO 8£1NG A PORllON OF lHE NOR1H\1£ST QUARTER OF SECTION 24, 101',NSHIP JO SOUTH, RANGE 26 EAST, M.D.M., IN lHE CITY OF BAKERSAElD, COUNTY OF KERN, STATE OF CALIFORNIA CONTAINING 249 LOTS, 2 LANDSCAPE LOlS, 1 CRILL ISLAND LOT & 1 PARK LOT 39.59 GROSS ACRES URBAN LAND ADVIIDRI, LLC APOR11DNCFMM.W,1/40FIIC.M.T.a..U..IIAIL VESTING TENTATIVE TRACT NO, 7416 ( ~ All.EN ROAD/ lRACT BOUNDARY S. ALLEN ROAD {ARTERIAL} HCRIZONTAL SCA!.£: I~ • 10'