HomeMy WebLinkAboutRes. No. 15-24 (VTPM 12514)RESOLUTION NO. 15-24
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
TO APPROVE VESTING TENTATIVE PARCEL MAP 12514
LOCATED NORTHWEST CORNER OF PANAMA LANE AND
GOSFORD ROAD IN SOUTHWEST BAKERSFIELD.
WHEREAS, McIntosh & Associates, representing Castle & Cooke California, Inc., filed
an application with the City of Bakersfield Planning Department requesting a Vesting Tentative
Parcel Map 12514 (the "Project") consisting of 15 parcels on 60.02 acres for commercial retail
development, as shown on attached Exhibit "B", located at the northwest corner of Panama
Lane and Gosford Road in southwest Bakersfield as shown on attached Exhibit "C"; and
WHEREAS, the application was deemed complete on March 20, 2024; and
WHEREAS, the Crossroads Plaza Commercial Center EIR, certified on December 2,
2010, and incorporated by reference for this Project, documents that this subdivision is a later
project that will not have a significant effect; based upon an initial environmental assessment,
staff has determined the Project will not significantly effect the environment and, pursuant to
State CEQA Guidelines Section 15162, the EIR certified for this Project is adequate and no
further environmental documentation is necessary; and
WHEREAS, the Secretary of the Planning Commission, did set, Thursday, June 6, 2024,
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
proposed 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:
l. 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, ten days prior to the hearing.
Pagel of 3
2.. The prov1s1ons of CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures have been followed. Staff
determined that the application is a project under CEQA and said
Environmental Impact Review 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
Crossroads Plaza Commercial Center EIR have been incorporated into the
Project.
4. Urban seNices are available for the proposed development. The Project is
within an area to be seNed 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 SI (SeNice Industrial) land use classification on the
property. Proposed road improvements are consistent with the Circulation
Element. The overall design of the project, as conditioned, is consistent with
the goals and policies of all elements of the General Plan.
6. Mineral right owners' signatures may be waived on the final map pursuant to
Bakersfield Municipal Code Section 16.20.060 A. l. The applicant has
provided evidence with the Project application that it is appropriate to
waive mineral right owners' signatures because in accordance with BMC
Section 16.20.060 A. l ., the party's right of surface entry has been by
recorded document prior to recordation of any final map.
9. The conditions of approval are necessary for orderly development and to
provide for the public health, welfare, and safety.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Bakersfield as follows:
l . The recitals above are true and correct and incorporated herein by this
reference.
2. This map pertains to the Crossroads Plaza Commercial Center Environmental
Impact Report previously certified in conjunction with the VTPM 11865.
Page 2 of 3
3. Vesting Tentative Parcel Map 12514, 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 June
6, 2024, on a motion by Commissioner Bashirtash and seconded by Commissioner Koman,
by the following vote.
AYES:
ABSENT:
Bashirtash, Bittle, Cater, Kaur, Koman, Strickland
Neal
Exhibits (attached}:
Exhibit A: Conditions of Approval
Exhibit B: Location Map
Exhibit C: Tentative Map
APPROVED
~ DANIEL CATER, CHAIR
City of Bakersfield Planning Commission
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EXHIBIT "A"
VESTING TENTATIVE PARCEL 12514
CONDITIONS OF APPROVAL
NOTE to Subdivider/Applicant: It is important that you review and comply with the 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
l . There was no letter submitted requesting deviations from standards.
2. Approval of this tentative map does not indicate approval of grading, drainage lines and
appurtenant facilities shown, or any variations from ordinance, standard, and policy
requirements which have neither been requested nor specifically approved.
3. Prior to grading plan review submit the following for review ahd approval:
3.1. A drainage study for the entire subdivision shall be submitted for review and approval
by the City Engineer. The storm drain currently shown within Panama Ln shall be
routed on-site, and all onsite storm drains within this development shall be privately
owned and maintained. A flowage and drainage easement shall be recorded
accepting public water.
3.2. Each parcel created shall be served by an adequate sewer system. A sewerage
study to include providing service to the entire subdivision and showing what
surrounding areas may be served by the main line extensions shall be submitted for
review.
3.3. If the parcel map is discharging stormwater 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 stormwater systems that ultimately convey drainage to the river
or a canal shall incorporate the use of both source control BMP's and structural
treatment control BMP's.
4. The following conditions must be reflected in the design of the improvement plans:
4.1. Final plan check fees shall be submitted with the first plan check submission.
4.2. Per Resolution l 08-23 the area within the Tract shall implement and comply with the
"complete streets" policy. Complete streets will require pedestrian and bicycle
access to the subdivision from existing sidewalks and bike lanes. If there is a gap less
than ¼ mile then construction of asphalt sidewalks and bike lanes to the subdivision
will be required.
4.3. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials.
4.4. In addition to other paving requirements, on and off-site road improvements may be
required from any collector or arterial street to provide left 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.
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Exhibit "A"
VTPM 12514
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4.5. The first driveway on Panama Lane west of Gosford Road shall include a 138 ft
storage and 90 ft taper.
4.6. Off-site pavement and striping construction will be required to transition from the
proposed/ultimate on-site improvements to the existing conditions at the time
construction commences. Transitions must be designed in accordance with City
Standards and/or the Caltrans Highway Design Manual. If existing conditions change
during the period of time between street improvement plan approval and
construction commencement, the street improvement plans must be revised and
approved by the City Engineer.
5. The subdivider shall either construct the equivalent full width landscaped median island in
Gosford Rd and Panama Ln for the length of 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 to be approved on a side. The medians
may be constructed by the first tract on a side, or the median island fees shall be paid.
NOTE: MEDIAN CONSTRUCTION AND LANDSCAPING COSTS MAY BE BASED ON ESTIMATES
APPROVED BY THE CITY ENGINEER per City standard unless costs (median fees) have been
previously identified in previous conditions for the same property. The median estimate shall
include line items for curb, stamped concrete, landscaping, irrigation piping and controllers.
If the median island is not constructed, the second tract across the street shall construct and
landscape the median island. Construction or payment shall be for the full-width street
frontage of the land being subdivided. The total cost may be apportioned between the
phases and paid prior to the recordation of each phase if he elects to pay his share of the
costs for the future construction.
6. It is recommended that the on-site sewer system shall be inspected with video equipment
designed for this purpose and as approved by the City Engineer. If the developer chooses
to video the on-site sewer system, then the following procedure is recommended: The
television camera shall have the capability of rotating 360°, in order to view and record the
top and sides of the pipe, as required. The video inspection shall be witnessed by the
subdivider's engineer, who will also initial and date the "Chain of Custody" form. Any pipe
locations revealed to be not in compliance with the plans and specifications shall be
corrected. A recorded video cassette, completed "Chain of Custody" form, and a written
log (which includes the stationing, based on the stationing of the approved plans, of all
connected laterals) of the inspection shall be provided for viewing and shall be approved
by the subdivider's engineer prior to acceptance. After the subdivider's acceptance of the
system, the video cassette, forms, and logs shall be submitted to the City Engineer.
7. Final plan check fees for the Final Map shall be submitted with the first plan check
submission.
8. There was no request for phasing submitted with this map.
8.1. The following shall occur with this Vesting Tentative Parcel Map.
8.1.1 . Construct Panama Lane to ½ width arterial standards, for the full extent of the
street lying along the Parcel Map's frontage.
8.1.2. Construct Gosford Road to ½ width arterial standards, from Panama Ln to the
south parcel line of parcel 1 (northern parcel line of APN 545-040-15)
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VTPM 12514
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8.1.3. Construct a 5' wide temporary asphalt sidewalk from the south parcel line of
parcel l to Harris Rd, including the ADA ramp at the SWC of Gosford Rd and
Harris Rd.
8.2. The subdivider is responsible for verifying that existing streets within the boundary of
the parcel map are constructed to city standards and the developer must
reconstruct or repair substandard existing off-site street improvements that front the
project site to the adopted city standards as directed by the City Engineer.
8.3. 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 dustproof surface.
8.4. Turning movements along arterial streets shall be restricted to right turn in and right
turn out only.
8.5. Street Name Signs (SNS):
8.5. l . Metro Size SNS shall be installed at the intersection of local streets with Arterial
and collector streets.
8.5.2. Standard SNS shall be installed at all other locations.
8.5.3. 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.
9. Prior to the recordation of the Final Map, the subdivider shall
9. l. 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 .2. The subdivider shall submit an enforceable, recordable document approved by the
City Attorney to be recorded concurrently with the Final Map containing information
with respect to the addition of this subdivision to the consolidated maintenance
district. If the parcel is already within a consolidated maintenance district, the owner
shall update the maintenance district documents.
9 .3. If it becomes necessary to obtain any off-site right of way and if the subdivider is
unable to obtain the required right of way, then he shall pay to the City the up-front
costs for eminent domain proceedings and enter into an agreement and post
security for the purchase and improvement of said right of way.
9.4. Submit for the City's Review and approval C.C. & R.'s and Property Owner's
Association By-Laws for the use and maintenance of all non-dedicated, shared
facilities. Among those non-dedicated, shared facilities will be the on-site sewer main
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VTPM 12514
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lines and laterals and stormwater retention basin(s), shared access, and associated
storm drain lines and appurtenant facilities.
l 0. The developer shall install streetlights per the current City of Bakersfield standards.
11. The developer is required to construct an improvement which is on the facilities list for the
Metropolitan Bakersfield Transportation Impact Fee, Panama Lane. 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.
12. Prior to the issuance of building permits, the project applicant shall participate in the RTIF
program by paying the adopted fees in place for the land use type at the time of
development.
13. Install blue markers in the street at the fire hydrants per the Fire Department requirements.
14. The use of interim, non-standard drainage retention areas shall be in accordance with the
drainage policy adopted by the letter dated January 22, 1997, and the modification letter
dated October 20, 2000.
WATER RESOURCES
15. Prior to the recordation of the final subdivision map the Subdivider shall:
15. l . Execute and record a Domestic Water Service Agreement with the Water
Department.
15.2. Pay all applicable fees to the Water Department.
15.3. Submit a Will Serve Letter from the Water Department to the Development Services
Department.
15.4. Submit water system plans to the Water Department for review and approval. Water
system plans shall be prepared in accordance with the Water Department Standards
and Specifications and per the Water Department's engineering recommendations.
15.5. Note to Subdivider: You should contact the Water Resources Dept. at least 4 months
before the date you anticipate to record a final map.
FIRE SAFETY DIVISION
16. Pipeline Easements.
16. l . Concurrently with recordation of any phase that includes the pipeline easements or
portions thereof, subdivider shall show the easements on the final map with a
notation that structures including accessory buildings, habitable portion of a
structure, garage, deck/patio, swimming pools or unoccupied permanent structure,
are prohibited within the setback and record a corresponding covenant.
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VTPM 12514
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16.2. Prior to or concurrently with recordation of any phase that includes the pipeline
easements or portions thereof, subdivider shall show on the final map that no
habitable portion of a structure, garage, deck/patio, swimming pools or unoccupied
permanent structure may be built within 50 feet of a gas main, or transmission line, or
refined liquid product line with 36 inches of cover and record a corresponding
covenant.
16.3. No structure may be within 40 feet of a hazardous liquids pipeline bearing refined
product, within 48 inches or more of cover. If a pipeline meets these criteria, the 40-
foot setback line shall be shown in the final map and a corresponding covenant shall
be recorded prior to or concurrently with recordation of any phase that is affected.
16.4. No habitable portion of a structure may be built within thirty (30) feet of a crude oil
pipeline operating at twenty percent (20%) or greater of its design strength.
16.5. Prior to or concurrently with recordation of any phase within 250 feet of the pipeline
easements, subdivider shall record a covenant disclosing the location of the pipelines
on all lots of this subdivision within 250 feet of the pipelines.
American Petroleum Institute Standards and Guidelines for property development
17. Fire Apparatus Access Roads and Hydrants
17.1. When fire protection, including fire apparatus access roads and water supplies for
protection, is required to be installed, such shall be installed and made serviceable
prior to any building permit issuance and throughout the time of construction.
17 .2. Dead-End fire apparatus access roads in excess of 150 feet shall be provided with
width and turnaround provisions in accordance with Table D103.4
(California Fire Code)
R equ1remen s or ea -n ire .ooara us
Table D103.4
tf D dEdF A t A ccess R d oa s
Length Width Turnaround Required
(Feetl /Feet)
0-150 20 None required
120-foot Hammerhead, 60-foot "Y" or 96-foot
151-500 20 diameter cul-de-sac
120-foot Hammerhead, 60-foot "Y" or 96-foot
501-750 26 diameter cul-de-sac
Over 750 Special Aooroval Required
17.3. Fire Apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus weighing at least 75,000 pounds and shall be
surfaced with the first lift of asphalt to provide all-weather driving capabilities.
CITY ATTORNEY
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Exhibit "A"
VTPM 12514
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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 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 two phases. Phases shall be identified
numerically and not alphabetically.
Orderly development.
21. Prior to the recordation of each final map, the 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 hep/th~ welfare and safety by
ensuring water service to the subdivision at the time of final map recordation because the water
purveyor has included an expiration date in the initial "will serve" letter.
22. Mineral Rights: Prior to recordation of the first final map, the following shall apply:
22.1. Subdivider shall submit written evidence that waiver(s) of surface entry has been
obtained from l 00% of the mineral right interest(s) for the entire area of this tract.
Written evidence shall be submitted to the Planning Director in the form of a
recorded document such as a grant deed or other instrument approved by the City
Attorney. The proposed lots shown underlying the drill site shall be allowed to record
subject all other conditions of approval of the tentative map.
Required to verify compliance with BMC Section 16.20.060 A. and orderly development.
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VTPM 12514
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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. Prior to or concurrently with recordation of each final map, subdivider shall record a
common access and parking easement encumbering the subject parcel map. Easement
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.
Continued on next page.
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VTPM 12514
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Mitigation Measures from Crossroads EIR (VTPM 11865)
PUBLIC HEALTH AND SAFETY
25. (5.3-3)Prior to any on-site construction activities, recordation of a final map, issuance of a
grading permit or building permit, whichever occurs first, soils shall be sampled and analyzed
by a licensed engineer or geologist approved by the Director of Prevention Services, to
determine the level of residue for pesticides, herbicides, chemicals and associated metals ..
If residue is found to be within acceptable amounts per the Environmental Protection
Agency (EPA) and Department of Toxic Substances Control (DTSC) standards, then grading
and construction may begin. If the residue is found to be greater than acceptable level
limits, all contaminated soils exceeding the acceptable limits shall be remediated and/or
properly disposed of per DTSC requirements. An appropriate verification closure letter from
DTSC shall be obtained and submitted to the City of Bakersfield.
26. (5.3-4a) Prior to Project grading, Underground Service Alert shall be contacted at (800) 227-
2600. The proposed excavation area must be delineated with white marking paint or with
other suitable markers such as flags or stakes at least two days prior to commencing any
excavation work. A "Dig Alert" ticket number will be issued at the time Underground Service
Alert is contacted. Excavating is not permitted without this ticket number. Underground
Service Alert will notify its member utilities having underground facilities in the area.
27. (5.3-4b) Should the rupture of a pipeline occur any time during Project construction activities,
the Bakersfield City Fire Department shall be contacted by telephone as soon as is possible.
If the rupture indicates an emergency, 911 shall be dialed. If an emergency is not imminent
or identified, the Bakersfield City Fire Department's non-emergency phone number is (661)
324-4542.
28. (5.3-4c) Should a pipeline leak occur any time during Project construction activities, call the
emergency telephone number provided on the pipeline marker signs nearest the leak to
advise a representative of the problem. The pipeline operators in the Project area can be
contacted at the following telephone numbers:
Pacific Gas and Electric Company (natural gas pipeline, NE/4 onsite) (800) 743-5000.
Shell Pipeline Company (petroleum pipeline, Gosford Road) (888) 257-0877.
Kern Oil and Refining Company (petroleum pipeline, Panama Lane (800) 845-0761.
29. (5.3-4d) Should the characterization and removal of oil-saturated soil become necessary any
time during Project construction activities, the Bakersfield City Fire Department's Office of
Environmental Services shall be contacted at ( 661) 326-3979, as they would provide
regulatory oversight.
30. (5.3-8b) Pursuant to San Joaquin Valley Air Pollution Control District (SJVAPCD) Regulation
VIII-Fugitive PMl0 Prohibitions, all areas with bare soil exposed as a result of Project earthwork
activities shall be landscaped at the earliest time possible or stabilized by watering when
winds exceed 20 miles per hour (mph) in order to reduce the potential inhalation of spores
causing Valley Fever.
AESTHETICS, LIGHT, AND GLARE
31. (5.4-l)With submittal of a grading plan for each development phase, the developer shall
provide the location of on-site temporary construction equipment staging areas. All
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construction activities shall be consistent with the Bakersfield Municipal Code requirements
and conditions of approval. Staging locations shall be indicated on final grading plans and
reviewed and approved by the Planning Director
32. (5.4-2)With submittal of a Site Plan Review application, the Project Applicant shall provide a
landscape plan that includes non-invasive, drought tolerant species, and shall comply with
the "Large Retail Ordinance" (Bakersfield Municipal Code § 17.08.140). Project streetscape
shall be included in the landscape plan and shall be designed to further screen proposed
loading facilities and parking lot lighting. Landscape plans shall be consistent with the City's
Landscape Ordinance (Bakersfield Municipal Code § 17 .61). All proposed commercial uses
shall include landscaped street frontages, in accordance with the Bakersfield Municipal
Code.
33. (5.4-4)During the installation of lighting standards the applicant shall ensure that any exterior
lighting does not spill over onto the adjacent uses. All exterior light fixtures, including street
lighting, shall be shielded or directed away from adjoining uses, pursuant to all applicable
lighting standards and requirements of the Bakersfield Municipal Code and Zoning Code.
TRAFFIC AND CIRCULATION
34. (5.5-1 a) Prior to the issuance of building permits, a Traffic Management Plan (TMP) shall be
submitted for review and approval to the City of Bakersfield Public Works Department, as
well as the Kern County Roads Department. The Kern County Roads Department will only
have approval authority for those roads that are located in unincorporated areas (outside
city limits). Such plan shall consist of prior notices, adequate sign posting, detours (including
for pedestrians and bicyclists), proper lighting (where appropriate), fencing and shielding,
proper storage of equipment and supplies, and covering loose piles of soil or other earthen
material. The TMP shall specify implementation timing of each plan element (prior notices,
sign posting, detours, etc.) as determined appropriate by the City and County Engineers.
County Engineers will only have approval authority over those roads located outside city
limits. Adequate access to and from adjacent residential areas shall be provided at all
times. The TMP shall be reviewed and approved by the City Police Department and City
and County Fire Departments as it applies to emergency response or evacuation plans.
35. (5.5-1 b) During development, the Project Contractor shall establish proper detours and
warning signs to ensure public safety. This includes the use of proper lighting (where
applicable), fencing and shielding, proper storage of equipment and construction supplies,
proper covering of roadway trenches, and covering loose piles of soil, silt, clay, sand debris,
or other earthen material.
36. (5.5-2a) Prior to issuance of any building permits, the Project Applicant shall work with the
City and Golden Empire Transit (GET) to determine bus stop, and/or transit center locations
to accommodate pedestrian, bicycle, and public transit.
37. (5.5-2b) Prior to final site plan review or issuance of a building permit, the Project Applicant
shall work with the City and GET to determine optimal bus stop structure orientation for
accessibility by patrons arriving by foot, bicycle, public transit, or by private vehicle.
38. (5.5-3a) Prior to the issuance of any building permits, the Project Applicant shall participate in
the City's Regional Transportation Impact Fee (RTIF) Program. The Project Applicant shall
submit funding calculations for all improvements associated with the RTIF Program pursuant
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to Table 8 of the Project's Traffic Study (McIntosh and Associates, 2008 [Appendix 15.51) to
the satisfaction of the Public Works Department.
39. (5.5-3b) Prior to the issuance of building permits, for impacted intersections subject to fair-
share improvements (refer to Table 6 from the Project's Traffic Study [McIntosh and
Associates, 2008, Appendix 15.5]) and roadways segment improvements, the Project
Applicant shall participate in the improvements required on a pro-rota, fair-share basis, as
indicated in the Recommended Improvements.
40. (5.5-3c) Prior to Year 2015 Project buildout, the Project Applicant shall construct one (1)
northbound left-turn lane at the Project Entrance #7 /Gosford Road intersection.
41. (5.5-4a) All identified roadway segments that require railroad crossing improvements by the
Project Developer, shall comply with the California Public Utilities Commission (CPUC)
guidelines, in consultation with the CPUC to include railroad crossing safety measures.
42. (5.5-6b)Prior to recordation of any final map or issuance of any building permit for the
development, within 1,000 feet of Project Entrance #6, whichever occurs first, the Project
Applicant shall construct or bond for one ( 1) northbound left-turn lane at the intersection of
Project Entrance #6 and Gosford Road.
43. (5.5-6c) Prior to recordation of any final map or issuance of any building permit for the
development, within 1,000 feet of Project Entrance #9, whichever occurs first, the Project
Applicant shall construct or bond for the following lane improvements to the Panama
Lane/Project Entrance #9 intersection: add one ( 1) eastbound left-turn lane; add one ( 1)
eastbound through lane; add one ( l) westbound through lane; and add one ( l)
southbound right-turn lane.
44. (5.5-6d) Prior to recordation of any final map or issuance of any building permit for the
development, within 1,000 feet of the Project entrance #8, whichever occurs first, the Project
Applicant shall construct or bond for the following lane improvements to the Panama
Lane/Project Entrance #8 intersection: add one ( l) eastbound through lane and one ( l)
westbound through lane.
NOISE
45. (5.6-1 a) Prior to issuance of grading permits, the Contractor shall provide evidence
acceptable to the City Planning Department that: ( l) all construction equipment, fixed or
mobile, operated within 1,000 feet of a dwelling unit shall be equipped with properly
operating and maintained mufflers; and (2) construction activities shall be limited to the
designated daytime hours as specified by the City of Bakersfield (currently 6:00 AM to 9:00
PM on weekdays and 8:00 AM and 9:00 PM on weekends). No construction is allowed on
Federal holidays. These restrictions apply to all trucks, vehicles, and equipment that are
making or involved with material deliveries, loading or transfer of materials, equipment
service, and maintenance of any devices for or within the Project construction site.
46. (5.6-1 b) During construction, stationary construction equipment shall be placed such that
emitted noise is directed away from noise-sensitive receptors, to the satisfaction of the
Building Official. Additionally, the Project Contractor shall provide evidence of the
placement of the stationary equipment to the Building official.
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47. (5.6-1 c) Prior to approval of the Project plans and specifications by the City Building
Department, the construction contractor shall incorporate feasible muffling features into all
construction vehicles and equipment and into construction methods, and shall maintain all
construction vehicles and equipment in efficient operating condition.
48. ( 5.6-1 d) Prior to approval of the Project plans and specifications by the City Building
Department, stockpiling and construction vehicle staging areas shall be located as far away
as practical from noise-sensitive receptors during construction activities.
AIR QUALITY
49. ( 5.7-1 a) Prior to issuance of any building permits, the Project Developer shall enter into a
Voluntary Emissions Reduction Agreement (VERA) with the San Joaquin Valley Air Pollution
Control District (SJVAPCD) to reduce ROG, NOx, and PMl0 impacts to zero (No impact level
as determined by the SJVAPCD).
50. (5.7-1 b) Prior to grading plan approval, the Project Applicant/Developer shall submit
documentation to the City of Bakersfield Planning Department that they will/have met all air
quality control measures required by the SJVAPCD.
51. (5.7-lc) Prior to issuance of any building permits, Contractors and/or the Project Developer
shall submit a written statement to the City of Bakersfield Planning Department stating that
they shall maintain records documenting compliance with all mitigation measures as
required and shall make such records available to the SJVAPCD upon request.
52. (5.7-1 d) Prior to the issuance of any building permits, Contractors and/or the Project
Developer shall submit a written statement that they will allow an authorized representative
of the SJVAPCD to review construction equipment activity and mitigation measure records
for the purpose of assuring compliance with the applicable requirements of these mitigation
measures (5.7-1 a through 5.7-1 d) and all development requirements.
53. (5.7-2a) Prior to grading plan approval, the Project Applicant shall submit documentation to
the City of Bakersfield Planning Department that they will/have met all air quality control
measures required by the San Joaquin Valley Air Pollution Control District (SJVAPCD).
54. (5.7-2b) Prior to the issuance of grading permits, the Project Applicant shall demonstrate that
the following features have been incorporated into the Project design:
54.1. Sidewalks shall be installed along the project's street frontage: and
54.2. Bike lanes shall be installed on arterials and collectors adjacent to the Project site
and off-site, if any improvements are required as mitigation.
55. (5.7-6c) Mitigation measures listed below are the result of impact mitigation for non-
greenhouse gas related issues such as Air Quality, Biological Resources, Land Use,
Transportation, and Water Resources. These Project mitigation measures provide efficiency
related reductions in greenhouse gas emissions, opportunity to avoid use of combustion
engine vehicles, and create greenhouse gas sinks:
• During all phases of construction, construction equipment shall be properly and routinely
maintained, as recommended by manufacturer manuals, to control exhaust emissions.
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• During all phases of construction, all contractors shall restrict equipment and vehicle idling to
five minutes or less.
• The Project Developer shall develop a ride-share incentive program for construction workers.
• On-site electrical hookup shall be installed for electric hand tools such as saws, drills and
compressors, to substantially decrease the need for fuel powered electric generators and
other fuel-powered equipment.
• Utilize interconnecting sidewalks, walking paths, and/or bike paths in order to encourage
travel by means other than by motor vehicle, per Title 12 of the Bakersfield Municipal Code.
• Utilize landscaping to create shade canopies for streets, parkways, and parking areas in
accordance with the Site Plan and Bakersfield Municipal Code requirements.
• Utilize roadway designs which enhance pedestrian safety by appropriate signaling, signage,
and separation from traffic, per the Bakersfield Municipal Code requirements.
• Comply with California's Title 24 Energy Efficiency Standards. Title 24 energy compliance is
required to be submitted prior to issuing building permits.
• Increase the capacity of the existing road system through improved signalization, more right
turn lanes, and traffic control systems by implementing Mitigation Measures 5.5-3a through
5.5-3c and 5.5-6b through 5.5-6d.
• Recycle construction debris by implementing Mitigation Measures 5.10-7a and 5.10-7b, which
require approval and implementation of a Construction and Demolition Recycling Plan, and
providing a universal waste collection area with an area for curbside recycling.
BIOLOGICAL RESOURCES
56. (5.8-1 a) During grading and construction, the Project Contractor shall ensure all trash and
food waste is disposed of in closed containers and regularly removed from the Project site
during construction. Absolutely no deliberate feeding of wildlife shall be allowed.
57. ( 5.8-1 b) Prior to development, the Project Applicant shall ensure that construction vehicle
speed limits shall not exceed 20 miles per hour (mph) on paved roads, and 15 mph on
unpaved roads, and shall be posted throughout the site for the duration of construction
activities. Open road culverts shall be provided during construction to prevent vehicular
mortality of wildlife crossing roads.
58. (5.8-1 c) During grading, the Project Contractor shall ensure that all trenches or steep-walled
excavations greater than three feet deep shall include escape ramps to allow wildlife to
escape. Each excavation shall contain at least one ramp, with long trenches containing at
least one ramp every¼ mile. The ramps shall be no steeper than a ratio of 1 :l.
59. (5.8-4) Prior to grading plan approval, the Project Applicant shall pay the habitat mitigation
fee in accordance with § 15.78.030 of the Bakersfield Municipal Code and the Metropolitan
Bakersfield Habitat Conservation Plan (MBHCP). If the MBHCP is not extended past the
expiration date of 2014, then during the time when no applicable MBHCP is in place, the
Project Applicant shall comply with such mitigation measures as required by the U.S. Fish and
Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG).
60. (5.8-5a) Prior to grading plan approval, the Project Applicant shall pay the habitat mitigation
fee in accordance with § 15.78.030 of the Bakersfield Municipal Code and the Metropolitan
Bakersfield Habitat Conservation Plan (MBHCP). If the MBHCP is not extended past the
expiration date of 2014, then during the time when no applicable MBHCP is in place, the
Project Applicant shall comply with such mitigation measures as required by the U.S. Fish and
Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG).
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61. (5.8-5b) Within 30 days of initial ground disturbance, preconstruction clearance surveys shall
be conducted by a qualified biologist. Any potential, inactive or active kit fox dens identified
as unavoidable, be monitored, excavated and backfilled in accordance with all guidelines,
protocols and provisions of the CDFG, USFWS, Federal Endangered Species Act and
California Endangered Species Act. Survey windows for the San Joaquin kit fox can occur at
anytime throughout the year. The survey shall be submitted to the City of Bakersfield
Planning Department, prior to approval of a grading permit.
62. (5.8-5c) Prior to earth disturbance phases of construction, all construction personnel shall be
trained in sensitive species identification and avoidance techniques and be instructed to be
on the lookout for kit fox dens during earth disturbance. Proof of training shall be submitted
to the City of Bakersfield Planning Department. Any evidence, such as dens, observed at
any time during construction, shall be promptly reported to the reviewing agencies for
resolution.
63. (5.8-5d) During construction, all pipes, culverts or similar structures with a diameter of four
inches or greater shall be kept capped to prevent entry of the kit fox. If not capped or
otherwise covered, the openings shall be inspected twice daily in the morning and evening
and prior to burial or closure, to ensure no kit foxes or oth~r wildlife become entrapped or
buried in pipes.
64. (5.8-6a) Prior to the commencement of grading activities, the Applicant/Developer shall
retain a qualified biologist to verify the presence or absence of any previously unidentified
protected species. If encountered, the U.S. Fish and Wildlife Service (USFWS) and California
Department of Fish and Game (CDFG) shall be notified of previously unreported protected
species. Any take of protected wildlife shall be reported immediately to the CDFG and
USFWS. No activities shall occur until Incidental Take authorization has been obtained from
the CDFG and USFWS.
65. (5.8-6b) Seven days prior to the onset of construction activities during the raptor nesting
season (February 1 to June 30), a qualified biologist shall survey within 500 feet of the project
impact area for the presence of any active raptor nests (common or special status). Any
nest found during survey efforts shall be mapped on the construction plans. If no active nests
are found, no further mitigation would be required. Results of the surveys shall be provided to
the CDFG.
If nesting activity is present at any raptor nest site, the active site shall be protected until
nesting activity has ended to ensure compliance with §3503 and §3503.5 of the California
Fish and Game Code and the Migratory Bird Treaty Act. To protect any nest site, the
following restrictions to construction activities are required until nests are no longer active as
determined by a qualified biologist: 1) clearing limits shall be established within a 500 foot
buffer around any occupied nest, unless otherwise determined by a qualified biologist, and
2) access and surveying shall be restricted within 300 feet of any occupied nest, unless
otherwise determined by a qualified biologist. Any encroachment into the buffer area
around the known nest shall only be allowed if the biologist determines that the proposed
activity will not disturb the nest occupants. Construction can proceed when the qualified
biologist has determined that fledglings have left the nest.
If an active nest is observed during the non-nesting season, the nest site shall be monitored
by a qualified biologist, and when the raptor is away from the nest, the biologist will flush any
raptor to open space areas. A qualified biologist, or construction personnel under the
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direction of the qualified biologist, will then remove the nest site so raptors cannot return to a
nest.
66. (5.8-7c) The Project Applicant shall conduct pre-construction surveys no more than 30 days
prior to ground disturbance, to ensure that no burrowing owls are present on-site and to
ensure avoidance of direct take or accidental entrapment of burrowing owls. If nests are
encountered, the use of agency-approved buffer zones shall be implemented and full
avoidance of nest shall occur until the young have fledged. Additionally, the following
measures, taken from the Staff Report on Burrowing Owl Mitigation (CDFG 1995) shall be
followed in order to minimize impacts, preserve habitat, and reduce potential impacts to
burrowing owls to a level of less than significant.
• Occupied burrows shall not be disturbed during the nesting season (February 1 through
August 31) unless a qualified biologist approved by the CDFG verifies through noninvasive
methods that either: ( 1) the birds have not begun egg-laying and incubation; or (2) that
juveniles from the occupied burrows are foraging independently and are capable of
independent survival.
• If owls must be moved away from the disturbance area, passive relocation techniques as
described in the Staff Report on Burrowing Owl Mitigation should be used rather than
trapping. At least one or more weeks will be necessary to accomplish this and allow the
owls to acclimate to alternative burrows.
67. (5.8-7b) Lighting shall be shaded or shielded and directed down and away from adjacent
agricultural and open space areas to minimize increased predation of species that may be
using the adjacent open space and agricultural fields. Refer to Section 5.4, AESTHETICS,
LIGHT, AND GLARE, regarding light spill over and glare mitigation measures.
CULTURAL RESOURCES
68. (5.9-1 a) All construction personnel shall undergo a cultural resources orientation and awareness
training prior to commencing work activities on the site. Such training shall include familiarization
with the stop-work restrictions, noticing, and handling procedures, and ultimate disposition of
ratifications. The operator shall provide the City with a verification list of the employees
completing the orientation.
69. (5.9-lb) If archaeological resources are discovered during excavation and grading activities
on-site, the contractor shall stop all work and shall retain a qualified archaeologist, to
evaluate the significance of the finding and appropriate course of action. Salvage
operation requirements pursuant to § 15064.5 of the State CEQA Guidelines shall be followed
and the treatment of discovered Native American remains shall comply with State codes
and regulations of the Native American Heritage Commission. Work shall not commence
until a qualified archaeologist is consulted to determine the significance of the find, and has
recommended appropriate measures to protect the resource in accordance with the
following standards:
• A qualified archaeologist shall prepare for the City an Assessment and Mitigation Plan for
the City, in consultation with the Native American Heritage Commission and local tribes, if
appropriate.
• The Assessment shall define the extent and steps necessary to mitigate the project
impacts on the find. Discovered cultural resources shall be stored in a protected
environment to prevent vandalism, damage, or theft; until such time as they are
examined by an archaeologist and/or Native American consultant, as appropriate.
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Actions may then include removing and relocating the materials to an appropriate
repository based on consultation with the Native American Heritage Commission and
local tribes. Any Native American artifacts discovered shall be returned to the local
Native American Community, which shall be responsible for the disposition of these
materials.
• Further disturbance of the resource shall not be allowed until those recommendations
deemed appropriate by the City have been implemented.
70. (5.9-1 c) If human remains are discovered as a result of the proposed Project during
development, all activity shall cease immediately, the Contractor shall notify the Kern
County Coroner's Office immediately under state law, and a qualified archaeologist and
Native American monitor shall be contacted. Should the Coroner determine the human
remains to be Native American, the Native American Heritage Commission shall be
contacted pursuant to Public Resources Code §5097.98.
PUBLIC SERVICES AND UTILITIES
71. (5.10-la) With submittal of each tentative tract map, parcel map, or site plan application,
whichever occurs first, the proposed development shall be reviewed by the City of
Bakersfield Fire Department to ensure Department requirements for access, fire flow,
hydrants, or other fire and life safety requirements are adequately addressed.
72. (5.10-2a) With submittal of each tentative tract map, parcel map, or site plan application,
whichever occurs first, the Project Applicant shall submit evidence to ensure that
fundamental safety components are included in proposed Project design. These
components include, but are not limited to:
• Preventing visual hindrances in regards to public gathering locations.
• Planning considerations and elimination of traffic hazards at the Project's conceptual
level.
• Preventing the manufacturing of unintentional isolation locations for individuals while
engaged in recreational and/or conveyance in or around the Project site.
73. (5.10-3) The Project developer shall pay applicable Senate Bill (SB) 50 impact fees, and any
other required developer fees, at the time of issuance of building permits in accordance
with the statutory rate then in effect.
74. (5.10-5) Prior to Project development, or with submittal of each tentative tract map, parcel
map, or site plan application, whichever occurs first, or prior to issuance of a grading permit
for each development phase, the Applicant shall obtain a will serve letter from the City of
Bakersfield indicating its intention to serve as the water utility for providing water service to
the proposed Project.
75. (5.10-7a) Prior to issuance of any building permit, the Project Applicant shall submit for review
and approval, a Construction and Demolition Recycling Plan to the Kern County Waste
Management Department (KCWMD). The Recycling Plan shall include a plan to separate
recyclable/reusable construction debris. The plan shall include the method the contractor
will use to haul recyclable materials and shall include the method and location of material
disposal.
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76. (5.10-7b) Prior to issuance of any building permit, the Project Applicant shall provide a
universal waste collection area within the Project site, along with a potential mandatory
collection area for curbside recycling.
77. (5.10-8a) Prior to approval of each tentative tract map, parcel map, or site plan application,
whichever occurs first,, the Project Applicant shall coordinate with Pacific Gas & Electric
(PG&E) staff early in the planning stages to ensure that adequate facilities are incorporated
in the proposed Project as soon as possible. In addition, the Project Developer shall
coordinate with PG&E staff prior to construction regarding any potential service of facility
issues.
78. (5.10-8b)AII main lines adjacent to the roadways shall be brought to the ultimate width at the
initiation of the Project. In addition, utility easements shall be readily available.
79. (5.10-9a) Prior to approval of each tentative tract map, parcel map, or site plan application,
whichever occurs first, the Project Applicant shall coordinate with Pacific Gas & Electric
(PG&E) staff early in the planning stages to ensure that adequate facilities are incorporated
in the proposed Project as soon as possible. In addition, the Project Applicant shall
coordinate with PG&E staff prior to construction regarding any potential service of facility
issues.
80. (5.10-9b) The Project applicant shall notify PG&E six months prior to any construction activities
in the immediate vicinity of PG&E Transmission Line 300A.
GEOLOGIC AND SEISMIC HAZARDS
81. ( 5.11-1) Prior to issuance of grading permits for each development phase, a site specific soils
report shall be completed to the satisfaction of the City Engineer, that further characterizes
and analyzes on-site soil conditions, and identifies appropriate measures to be implemented
to control erosion and dust. The results of the study shall be used as the basis to complete
the required Storm Water Pollution Prevention Plan (SWPPP), which includes erosion control
measures in order to comply with the National Pollution Discharge Elimination System (NPDES)
requirements of the Federal Clean Water Act. Temporary, construction-related and
permanent erosion control measures may include but not be limited to the use of sandbags,
hydroseeding, landscaping, and/or soil stabilizers.
82. (5.11-3) Engineering design for all future structures shall be based on the probability that the
proposed Project will be subjected to strong ground motion during the lifetime of
development. Future Project development plans shall be subject to the Bakersfield
Municipal Code, and shall include standards that address seismic design parameters.
Seismic ground shaking shall be incorporated into design and construction in accordance
with the California Building Code (CBC) requirements and site-specific design.
HYDROLOGY AND WATER QUALITY
83. (5.12-1) Prior to approval of improvement plans for each phase or individual tentative tract map,
parcel map, or site plan application, whichever occurs first, the Project Applicant shall provide a
drainage study in conformance with City of Bakersfield design guidelines and approved by the
City Engineer, which shall include, but not be limited to the following requirements:
• Future on-site roadways shall be designed to accommodate adequate flow capacity:
• Appropriate minimum stormdrain pipe size diameter shall be specified by the City
Engineer: and
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• Stormdrain flow velocity limitations shall be specified by the City Engineer.
84. (5.12-3a} Prior to approval of individual development projects by the Director of Public Works
or his/her designee, the Project Applicant shall confirm that the Project plans stipulate that
prior to issuance of any grading permits, the project applicant shall file a Notice of Intent
(NOi} and pay the appropriate fees, pursuant to the National Pollutant Discharge Elimination
System (NPDES} program.
85. (5.12-3b} Prior to grading plan approval, the Project contactors shall incorporate stormwater
pollution control measures into a Storm Water Pollution Prevention Plan (SWPPP}: Best
Management Practices (BMPs} shall be implemented; and evidence that proper clearances
have been obtained through the State Water Resources Control Board (SWRCB}, including
coverage under the NPDES statewide General Stormwater Permit for Construction Activities,
must be demonstrated.
86. (5.12-3c} Prior to tract recordation, the Project Applicant of future projects shall prevent any
off-site impacts during the construction phase. Erosion control measures and temporary
basins for desiltation and detention shall be in place, as approved by the Director of Public
Works. The basins and erosion control measures shall be shown and specified on the grading
plans and shall be constructed to the satisfaction of the Director of Public Works prior to the
start of any other grading operations.
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LEGEND
(ZONE DISTRICTS)
R'I One Fomily Dwelling
6,000 sq.ft. min lot size
R-1-45 One Fomily Dwelling
4,500 sq.ft. min lot size
EEstote
10,000 sq.ft. min lot size
R-S Residential Suburban
24,000 sq.It/dwelling unit
R-S~ ) Residential Suburban
I, 2.5, 5 or ID min lot size
R-2 limited Multiple Fomily Dwelling
4,500 sq.ft. min lot size (single family)
6,000 sq.It. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit
R-3 Multiple family Dwelling
6,000 sq.II. 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 oreo/dwelling unit
R-H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A-20A Agrirnllure
20 acre min lot size
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-0 Professional and Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C-C Commercial Center
C-B Central Business
PfD Planned Commercial Development
M-1 light Monufocturing
M-2 General Monufocturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlay
OS Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
f P-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
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PM.BK.19, PG.185 , I I
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-~4 ZONING -C-2/P.CD SALES MAP OF LANDS OF VACANT LAND
Knowwhafs below. LAND USE -MC KERN COUNTY LANO COMPANY Callbeforeyoudlg. nLEO ..uu£ 1s, 1s91
ExhibitC
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. ----1 PJJ. No, 12271 zONKoJG -C-2 I i! l PM.BK.62. LAND USE-GC ; ! ~ PQS.185-186
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