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.
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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.
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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
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Exhibit "A"
VTTM7415
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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.
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VTTM 7415
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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
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VTTM 7415
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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.
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Exhibit 11A"
VTTM 7415
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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
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Exhibit "A"
VTTM 7415
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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
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VTTM 7415
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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.
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Exhibit "A"
VTTM 7415
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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.
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Exhibit "A"
VTTM 7415
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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.
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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
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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.
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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.
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VTTM 7415
CITY OF BAKERSFIELD
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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
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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:
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~=~D~ 9~~f STE. 103
CONTACT: SAM WALKER
PHONE: (661) 834-4814
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--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
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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
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;.~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.
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AU.RE'IURHRADIIAREZ<IUNLESSOMRMSENOlED. AU. aJL-0£-SAC AND KNUOCl£ R£lURN RADII ARE 2S' UNl£SS -N01ED.
ALLIOIUCIURADIUSAIIEt2'11MISS01HERMSENOlQl.
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806,PC.153.0.R.(lOBEABANDONED)
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SCALE: 1' = 80'
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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
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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'