HomeMy WebLinkAboutRes. No. 16-24 (VTTM 7468 Phased)RESOLUTION NO. 16-24
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
TO APPROVE VESTING TENTATIVE TRACT MAP 7468 (PHASED)
NEAR THE SOUTHWEST CORNER OF SOUTH WEGIS AVENUE
AND STOCKDALE RANCH DRIVE IN WEST BAKERSFIELD.
WHEREAS, Porter & Associates, representing Bolthouse Land Company, LLC., filed an
application with the City of Bakersfield Planning Department requesting Vesting Tentative
Tract Map 7468 (the "Project"), and a modification request to allow alternate lot and street
design. The proposed subdivision would consist of 104 single-family residential lots, a water well
site lot, and 3 landscape lots on 37.51 acres, as shown on attached Exhibit "B", generally
located near the southwest corner of South Wegis Avenue and Stockdale Ranch Drive in west
Bakersfield as shown on attached Exhibit "C"; and
WHEREAS, the application was deemed complete on March 25, 2024; and
WHEREAS, the Stockdale Ranch Project (GPA/ZC 09-0263) EIR, certified on June 30,
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
Project, and notice of the public hearing was given in the manner provided in Title 16 of the
Bakersfield Municipal Code; and
WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's
CEQA Implementation Procedures have been duly followed by city staff and the Planning
Commission; and
WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue,
Bakersfield, California) is the custodian of all documents and other materials upon which the
environmental determination is based; and
WHEREAS, the facts presented in the staff report, environmental review, and special
studies (if any), and evidence received both in writing and by verbal testimony at the above-
referenced public hearing support the following findings:
1. All required public notices have been given. Hearing notices regarding the
Project were mailed to property owners within 300 feet of the Project area
and published in the Bakersfield Californian, a local newspaper of general
circulation, ten days prior to the hearing.
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2. The provIsIons 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
3. 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
the Stockdale Ranch Project (GPA/ZC 09-0263) EIR 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 LR (Low Density 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 1 6.20.060 A.1. 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.
7. In accordance with BMC 16.28.170 H, Stockdale Ranch Drive functions as a
collector public street as shown on the Project, therefore the abutting
double frontage lots are reasonable due to controlling factors such 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.
8. The request for modification is consistent with sound engineering practices or
subdivision design features.
9. The conditions of approval are necessary for orderly development and to
provide for the public health, welfare, and safety.
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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 Environmental Impact Report previously approved in
conjunction with the Stockdale Ranch Project GPA/ZC #09-0263.
3. Vesting Tentative Tract Map 7 468 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 Koman and seconded by Vice Chair Strickland, 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
~HAIR
City of Bakersfield Planning Commission
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EXHIBIT "A"
VESTING TENTATIVE TRACT 7468
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 . In letters dated November 13, 2023, the applicant requested deviations from the following
ordinance and policy requirements:
l. l. Title 16.28.170.H -Request Double frontage lots as follows: Lots 5-7 of Phase 1 & Lots 5-9
of Phase 2. Recommendation: APPROVE
1 .2. Title 16.28.170.P -Request to allow reverse corner lots and key lots as follows: Phase 1
Reverse Corner Lots 9, 25, 27 and 33, Phase 2 Reverse Corner Lots 13, and 52, Phase 1
Key Lot 32 & Phase 2 Key Lots 12, 47, 51, and 53 . Recommendation: APPROVE
1.3. Title 16.28.170.F -Request non-radial and non-perpendicular side lot lines as follows:
Lots 1-2, 4-5, 7-8, 18-19, 29-30, 30-31 and 45-46 of Phase 1, Lots 12-13, 16-17, 19-20, 23-24,
48-49, and 52-23 of Phase 2. Recommendation: APPROVE
1 .4. SDM reference section 3.4.1.1.d -Request reduction of centerline radius for one local
street to 300' due to boundary layout constraints. Recommendation: APPROVE
1.5. Request for 10' wide landscaped median for local street (Levine Dr), for consistency
with surrounding Tract Improvements. Recommendation: APPROVE
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. This tentative map shall conform to the requirements and conditions of GPA/ZC 09-0263
(Stockdale Ranch -Res. No. 079-10}.
4. Prior to grading plan review submit the following for review and approval:
4.1. A drainage study for the entire subdivision, or a revision to the approved study. The
study shall be approved, and any required retention shall be provided, and necessary
easements shall be dedicated to the City. The proposed temporary basin shall be
privately maintained.
4.2. A sewer study to include providing service to the entire subdivision and showing what
surrounding areas may be served by the main line extensions. Pay sewer capacity
mitigation fee equal to $350 per dwelling unit due to the sewer capacity issues in the
Buena Vista Sewer Line. Sewer capacity mitigation fee shall be paid prior to building
permit issuance.
4.3. 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
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Exhibit "A"
VTTM 7468
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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.
5. The following conditions must be reflected in the design of the improvement plans:
5.1. Final plan check fees shall be submitted with the first plan check submission.
5.2. Per Resolution l 08-2023 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.
5.3. 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
5.4. 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.
5.5. Off-site pavement and striping construction will be required to transition from the
proposed/ultimate on-site improvements to the existing conditions at the time
construction commences. Transitions must be designed in accordance with City
Standards and/or the Caltrans Highway Design Manual. If existing conditions change
during the period of time between street improvement plan approval and construction
commencement, the street improvement plans must be revised and approved by the
City Engineer.
5.6. Construct minimum 6 feet high (from highest adjacent final ground level) block walls
adjacent to the Westside Parkway. Said block walls shall be located on the Westside
parkway side of property lines with the tract side face of the wall on the property line. A
l 0-foot-wide temporary construction easement for future wall
modification/reconstruction shall be provided along the back and sides of all lots
adjacent to the Westside parkway. For areas within the tract that will ultimately be
graded to an elevation higher than the adjacent existing grade of the Westside
Parkway, grading within these future freeway reservation areas will be allowed in order
to raise the grade of the adjacent freeway reservation areas to match that of the
adjacent tract elevations so that block walls will not be required to be designed as a
retaining wall. Because these walls may be demolished in the future, property corners
for the tract will not be set on or into these walls; a different type of properly tagged
City standard monumentation will instead be established offset from these walls as
witness corners for these property corners.
5.7. The storm drain system shall 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.
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VTTM 7468
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5.8. A common use agreement will be required for any new proposed public road rights-of-
way crossing the PGE easement. Common use agreement shall be recorded
concurrently with the corresponding map.
6. The subdivider is responsible for implementing the following:
6.1. The phasing map as submitted may be unbalanced with respect to the required
improvements along the tract frontages. Therefore, in order 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.
6.2. 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.
6.2.1. The following shall occur with Phase 1:
6.2.1.1. Construct Stockdale Ranch Drive for the south half of the street, from the
east tract boundary to the Phase 1 /2 boundary. Offsite road
improvements shall be required to connect this subdivision ( or
development) to any collector or arterial street, if the connection has
not been constructed by adjacent developments, as directed by the
City Engineer.
6.2.2. The following shall occur with Phase 2:
6.2.2.1. Construct Stockdale Ranch Drive for the south half of the street, from the
phase 1 /2 boundary to the west 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.
6.3. 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.
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Exhibit "A"
VTTM 7468
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6.4. 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.
6.5. 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.
6.6. 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.
6.7. 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.
6.8. Drainage basins shall be reviewed and approved by both the Public Works
Department and the Water Resources Department.
6.9. Install blue markers in the street at the fire hydrants per the Fire Department
requirements.
7. The following must be reflected in the final map design:
7.1. A waiver of direct access shall be required for all lots abutting any arterials and
collectors.
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. 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 the recordation of the first final map within this project site, subdivider shall make
written notification to the City Engineer of any public improvements required to be financed
or constructed outside the boundaries of the tentative map(i.e., "offsite improvements"), as
defined in BMC § 116.16.080(E), and the cost of such offsite improvements. The notice shall
include an engineer's estimate or other documentation as required by the City Engineer that
outlines by line item the specific offsite improvements for purposes of verifying extension of
time eligibility pursuant to Government Code Section 66452.6(a). The written notification and
documentation are subject to approval by the City Engineer or his/her designee.
10. Prior to recording each final map:
10.1. 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.
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VTTM 7468
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l 0.2. 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.
l 0.3. The subdivider shall submit an enforceable, recordable document approved by the
City Attorney to be recorded concurrently with the Final Map containing information
with respect to the addition of this subdivision to the consolidated maintenance district.
Said covenant shall also contain information pertaining to the maximum anticipated
annual cost per single family dwelling for the maintenance of landscaping associated
with this tract. Said covenant shall be provided to each new property owner through
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.
11. Prior to acceptance of the public improvements by the City:
11. l . It is required on public tracts 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 degrees
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 included 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.
12. Prior to Notice of Completion:
12.1 . The storm drain system, including the sump, shall be inspected and any debris
removed.
13. Street Name Signs (SNS):
13. l . Metro Size SNS shall be installed at the intersection of local streets with Arterial and
collector streets.
13.2. Standard SNS shall be installed at all other locations.
14. This subdivision is located within the Allen I Planned Sewer area and is subject to fees. Fees
shall be paid prior to building permit issuance.
WATER RESOURCES
15. Prior to recordation of the final subdivision map the Subdivider shall:
15. l. Execute and record a Domestic Water Service Agreement with the Water Department.
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VTTM 7468
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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.
FIRE SAFETY DIVISION
16. Pipeline Easements.
16.1. 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.
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)
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VTTM 7468
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R equirmen s or ea -n ,re ppara us Access
Table D103.4
tf D dEdF' A t R d oa s
Length Width Turnaround Required
(Feet) (Feet)
0-150 20 None required
120-foot Hammerhead, 60-foot "Y" or 96-f oot
151-500 20 diameter cul-de-sac
120-foot Hammerhead, 60-foot "Y" or 96-foot
501-750 26 diameter cul-de-sac
Over750 Special Approval Reauired
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.
RECREATION AND PARKS -NOR
18. Prior to recordation of a final map, the subdivider shall dedicate land with free and clear title
to North of the River Recreation and Park District 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. Prior to
recordation of a final map, the subdivider shall enter into an agreement with North of the
River Recreation and Park District to implement and satisfy this condition. This subdivision is
located within the boundaries of North of the River Recreation and Park District.
18.1. Owner/Subdivider shall dedicate 0.83 acres
BMC Chapter 15.80 requires the Planning Commission to determine if a subdivider is to dedicate
park land, pay an in-lieu fee, reserve park land or a combination of these to satisfy the City's
park land ordinance for North of the River Recreation and Park District. Staff is recommending
this condition in accordance with BMC Chapter 15.80.
19. Prior to recordation of any final map, the subdivider shall record a covenant on the property
disclosing the requirement to dedicate/reserve a public park pursuant to a park agreement
with the North of the River Recreation and Park District. Covenant shall be reviewed for
approval by North of the River Recreation and Park District prior to recordation.
Orderly development.
20. 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 future Stockdale River Ranch Park. Covenant shall be reviewed for
approval by North off the River Recreation and Park District and submitted to City Planning
prior to recordation.
Orderly development.
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Exhibit "A"
VTTM 7468
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21. Prior to recordation of each final map, the subdivider shall provide the Planning Department
written proof/verification from North of the River Recreation and Park District that said project
is within the North of the River Recreation and Park District maintenance district.
Orderly development.
CITY ATTORNEY
22. 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
23. 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.
24. The subdivision shall be recorded in no more than 3 phases. Phases shall be identified
numerically and not alphabetically.
Orderly development.
25. The final map shall include a statement similar to the following and as approved by the
Planning Director.
The subdivision is subject to the adopted Western Rosedale Trails Specific Plan.
For orderly development.
26. The subdivider' s mitigation monitor ( as approved by the Planning Director) shall submit the
annual progress report in January of each year with detail information and evidence of
compliance with all applicable Mitigation Measures for the Stockdale Ranch Development.
The report shall provide information for the previous calendar year.
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For orderly development in accordance with the Stockdale Ranch Plan EIR.
27. 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 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.
28. Mineral Rights: Prior to recordation of the first final map, the following shall apply:
28.1. Subdivider shall submit written evidence that waiver(s) of surface entry has been
obtained from 100% 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.
29. 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.
30. Prior to recordation of each final map on any phase located within one-quarter mile of any
concrete lined canal, the subdivider shall construct a 6 foot high chain link fence, in
accordance with City of Bakersfield Subdivision and Engineering Design Manual Standard D
-12 (aka S-10) or equivalent to separate the subdivision and the canal. The concrete curb
for the chain link fence may be waived subject to Planning Director approval. The canal
fence may not be bonded or secured. A temporary fencing plan may be approved by the
Planning Director to facilitate project phasing.
Requirement required to satisfy BMC Section 16.32.060 B.8.b and based on a finding to provide
for the public health, safety and welfare.
31. Prior to recordation or concurrently with the recordation of each final map, the developer
shall record a covenant to maintain Kern County Water Agency access roads and
easements located within the subdivision.
Orderly development.
32. Prior to the recordation of any final map, the developer shall record a covenant on all lots
providing notice that the lot is located close to a nearby groundwater banking facility; and
that they may be subject to inconveniences or discomfort arising from said use. The
covenant The covenant shall be submitted to the Planning Director for review. Such
discomfort or inconveniences may include, but not limited to:
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32. l. Fluctuations in groundwater levels resulting in damage to stormwater disposal facilities,
swimming pools and other (sub)surface structures;
32.2. Periods of constant noise, as facilities may be operated twenty-four hours per day for
significant periods of time;
32.3. The use of vector controls;
32.4. Aesthetic impairments, including visible personnel, equipment, vehicle lights and any
other activities associated with the facilities; and
32.5. The presences of blowing dust or smoke.
33. Prior to recordation of or concurrently with a final map of a phase abutting the Westside
Parkway, subdivider shall record a covenant disclosing the 30-foot dwelling unit setback of
any freeway, such as the Westside Parkway. The final map shall depict and label the setback
line on the final map. The covenant shall be reviewed and receive approval by the City
Attorney and Planning Director prior to recordation.
34. Prior to recordation of or concurrently with a final map of a phase affected by the 50-foot
non-buildable area of the P.G.&E. gas transmission line, subdivider shall record a covenant
disclosing the non-buildable area for those lots affected. The final map shall depict and label
the setback line on the final map. The covenant shall be reviewed and receive approval by
the City Attorney and Planning Director prior to recordation.
35. Western Rosedale Specific Trails Plan Amendment (#24-0227) to remove the equestrian trail
alignment shall be approved by the City Council prior to recordation of the first final map. If
the amendment is not approved or modified, all final maps for VTPM 7468 shall be required
to provide the equestrian trail or be consistent with the approved modified amendment.
For orderly development.
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Mitigation Measures from General Plan Amendment/Zone Change No. 09-0263 EIR
Aesthetics
36. With submittal of a grading plan for each development phase, the Project Applicant shall
provide the location of on-site temporary construction equipment staging areas within the
proposed Project site. Appropriate screening ( e.g., temporary opaque fencing [six feet in
height]) shall be used to buffer views of construction equipment materials, where feasible.
Staging locations shall be indicated on final grading plans and be reviewed and approved
by the City Planning Department. All construction activities shall be consistent will the
Bakersfield Municipal Code requirements and conditions of approval. Mitigation for
potentially significant aesthetics {light and glare) impacts.
37. With submittal of a grading permit application, the Project Applicant shall provide a
construction safety lighting plan. All lighting would be located and aimed away from
adjacent residential areas and roadways and would consist of minimal wattage necessary
to provide safety to the construction site. All construction lighting shall be consistent with the
Bakersfield Municipal Code requirements and conditions of approval. Mitigation for
potentially significant aesthetics (light and glare) impacts.
38. With submittal of a site plan for commercial areas and consistent with the City's design
review by the Planning Director, all public signage throughout the proposed Project shall be
designed to have consistency in fixture type, lettering, colors, symbols, and logos. Mitigation
for potentially significant aesthetics (light and glare) impacts.
39. With submittal of a tentative tract map and consistent with the City's design review by the
Planning Director, the Project Applicant shall verify that all landscaping, both commercial
frontage and street landscaping, are in accordance with the Metropolitan Bakersfield
General Plan and Bakersfield Municipal Code. This should follow City requirements per
Chapter 17.61 of the Zoning Code. Mitigation for potentially significant aesthetics (light and
glare) impacts.
40. During the installation of lighting standards the Project 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. Mitigation for potentially significant aesthetics (light and glare) impacts.
Agricultural Resources
41. Prior to issuance of a grading or building permit for urban development, or support facilities
as contemplated in the Project, whichever occurs last, the applicant shall mitigate the loss of
net acreage of agricultural lands, on a one-to-one basis, by selecting one or more of the
items described below. Net acreage is to be calculated based on the exclusion of existing
roads, lands within the proposed Westside Parkway alignment, proposed Nord Road arterial
alignment, and proposed West Beltway alignment, and related areas, as such alignments
may be from time to time amended, and areas already developed with structures. The
applicant shall submit written verification of the applicant's compliance with this mitigation
measure to the Planning Director's satisfaction. Compliance with this condition may be
phased as the project is developed. The net acreage of agricultural land to be mitigated
shall be equal to the amount of land being developed as each phase is developed.
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41.1. Funding and/or purchase of agricultural conservation easements. Such easements
shall be accepted or purchased and monitored and enforced by a land trust or
another appropriate entity. Funds may be used for easement purchases, ongoing
monitoring and enforcement, transaction costs, and reasonable administrative costs.
41.2. Contribution of agricultural land or equivalent funding to an organization that provides
for the preservation of farmland in California. Funds may be used for purchases,
ongoing monitoring and enforcement, transaction costs, and reasonable
administrative costs.
41 .3. Purchase of credits from an established agricultural farmland mitigation bank
approved by applicable governmental authority.
41 .4. During the life of the project, if the City of Bakersfield or other responsible agency
adopts an agricultural land mitigation program that provides equal or more effective
mitigation than measures listed above, the applicant may choose to participate in that
alternate program to mitigate loss of agricultural land impacts. Prior to participation in
the alternate program, the applicant shall obtain written approval from the City of
Bakersfield agreeing to the participation, and the applicant shall submit written
verification of compliance with the alternate program at the same time described
above in the first paragraph.
Agricultural land used for mitigation shall be of at least equal agricultural classification
as the land being converted or be capable of being developed as such; that is,
mitigation land shall be classified or developed as Prime Farmland, Farmland of
Statewide Importance, etc., (as established by the California Department of
Conservation in the Farmland Mapping and Monitoring Program), the mitigation
acreage being at least equivalent in classification to the converted land, or being
capable of producing the same or equivalent crops as the land being converted.
Completion of the selected mitigation measure, or with the Planning Director's
approval, a combination of the selected mitigation measures, can be on qualifying
agricultural land within the San Joaquin Valley (San Joaquin, Stanislaus, Merced,
Fresno, Madera, Kings, Tulare, Kern), or outside the San Joaquin Valley with written
evidence that the same or equivalent crop scan be produced on the mitigation land.
Mitigation for potentially significant agricultural impacts.
42. Prior to subdivision approval, if the adjoining properties are still in agricultural uses and have
not received entitlements for development, then prior to issuance of certificates of use and
occupancy, the Project Applicant shall record a covenant on all lots within 300 feet of
agricultural uses. The covenant shall provide notice that each resident is moving into an
area located close to agricultural lands or within agricultural lands, and they may be subject
to inconveniences or discomfort arising from agricultural operations. Such discomfort or
inconveniences may include, but are not limited to noise, odors, dust, smoke, insects,
operation of machinery during any 24-hour period, aircraft operation, storage and disposal
of manure, and the application by spraying or other means of agricultural chemicals, such
as pesticides and fertilizers. One or more of the inconveniences described above may
occur even in the case of an agricultural operation, which is in conformance with existing
laws and regulations and locally accepted customs and standards. Mitigation for potentially
significant agricultural impacts.
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Air Quality
43. The Project Applicant shall adhere to the terms of the 2006 Voluntary Emissions Reductions
Agreement with the San Joaquin Valley Air Pollution Control District to reduce ROG, NOx,
and PM 10 impacts to zero. Mitigation for potentially significant air quality impacts.
44. 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 SJV APCD. Mitigation for potentially significant air quality impacts.
45. The Project Applicant shall adhere to the terms of the 2006 Voluntary Emissions Reductions
Agreement, which includes reduction measures that will reduce Greenhouse Gas Emissions.
Mitigation for potentially significant air quality impacts.
Biological Resources
46. 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 proposed Project
site during construction. Absolutely no deliberate feeding of wildlife shall be allowed.
Mitigation for potentially significant biological impacts.
47. Prior to grading, the Project Applicant shall pay the habitat mitigation fee in accordance
with section 15.78.030 of the City of Bakersfield Municipal Code and the 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 shall be required by the U.S. Fish and Wildlife Service (USFWS) and the California
Department of Fish and Game (CDFG) including, but not limited to, the following:
47.1. Fund, and/or purchase, the appropriate number of credits in a mitigation bank or
conservation program for the San Joaquin kit fox, which is approved by the applicable
regulatory oversight agency (i.e., USFWS or CDFG).
47.2. Contribute the appropriate funding to an organization, which is approved by the
appropriate regulatory oversight agency (i.e., USFWS, CDFG), that provides for the
preservation of off-site San Joaquin kit fox habitat. Funds may be used for purchases,
ongoing monitoring and enforcement, transaction costs, and reasonable
administrative costs.
47.3. Contribute the appropriate funding and follow the appropriate regulatory oversight
agency (i.e., USFWS, CDFG) guidelines, including obtaining the required permits, to
enable the relocation of any San Joaquin kit fox identified on-site.
47.4. During the life of the project, if a HCP is adopted by the City of Bakersfield, or other
responsible agency, that provides equal or more effective mitigation than measures
listed above, the Project Applicant may choose to participate in that alternate
program to mitigate loss of San Joaquin kit fox habitat impacts. Prior to participation in
the alternate program, the Project Applicant shall obtain written approval from the
appropriate regulatory oversight agency (i.e., USFWS, CDFG) agreeing to the
participation, and the Project Applicant shall submit written verification of compliance
to the City of Bakersfield with the alternate program at the same time described above
in the first paragraph.
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Completion of the selected mitigation measure, or with the Planning Director's
approval, a combination of the selected mitigation measures, can be on qualifying
San Joaquin kit fox habitat land within Kern County. Mitigation for potentially
significant biological impacts.
48. Within 30 days of initial ground disturbance, preconstruction clearance surveys shall be
conducted by a qualified biologist in accordance with the provisions of the MB HCP. Any
potential, inactive or active kit fox dens identified as unavoidable, be monitored, excavated
and backfilled in accordance with the recommendations of the MBHCP and all guidelines,
protocols and other 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. Mitigation for potentially
significant biological impacts.
49. 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.
Mitigation for potentially significant biological impacts.
50. 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 other wildlife become entrapped or buried in
pipes. Mitigation for potentially significant biological impacts.
51 . Prior to grading, the Project Applicant shall pay the habitat mitigation fee in accordance
with section 15.78.030 of the City of Bakersfield Municipal Code and the MB HCP. 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 shall be required by the U.S. Fish and Wildlife Service (USFWS) and the California
Department of Fish and Game (CDFG) including, but not limited to, the following:
51.1. Fund, and/or purchase, the appropriate number of credits in a mitigation bank or
conservation program for sensitive and nesting birds, which is approved by the
applicable regulatory oversight agency (i.e., USFWS or CDFG).
51.2. Contribute the appropriate funding to an organization, which is approved by the
appropriate regulatory oversight agency (i.e., USFWS, CDFG), that provides for the
preservation of off-site habitat for sensitive and nesting birds. Funds may be used for
purchases, ongoing monitoring and enforcement, transaction costs, and reasonable
administrative costs.
51.3. Contribute the appropriate funding and follow the appropriate regulatory oversight
agency (i.e., USFWS, CDFG) guidelines, including obtaining the required permits, to
enable the relocation of any sensitive or nesting birds identified on-site.
51.4. During the life of the project, if a HCP is adopted by the City of Bakersfield, or other
responsible agency, that provides equal or more effective mitigation than measures
listed above, the Project Applicant may choose to participate in that alternate
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program to mitigate loss of habitat impacts to sensitive or nesting birds. Prior to
participation in the alternate program, the Project Applicant shall obtain written
approval from the appropriate regulatory oversight agency (i.e., USFWS, CDFG)
agreeing to the participation, and the Project Applicant shall submit written verification
of compliance to the City of Bakersfield with the alternate program at the same time
described above in the first paragraph.
Completion of the selected mitigation measure, or with the Planning Director's
approval, a combination of the selected mitigation measures, can be on qualifying
sensitive and nesting bird habitat land within Kern County. Mitigation for potentially
significant biological impacts.
52. Prior to the commencement of grading activities, the Project Applicant shall retain a
qualified biologist to verify the presence or absence of any previously unidentified protected
species, which are not addressed in the MBHCP. If encountered, the USFWS and 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. Mitigation for potentially
significant biological impacts.
53. 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 proposed
Project's 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 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 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
direction of the qualified biologist, will then remove the nest site so raptors cannot return to a
nest. Mitigation for potentially significant biological impacts.
54. The Project Applicant shall conduct preconstruction surveys 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.
54.1. 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
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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. Mitigation for potentially significant
biological impacts.
54.2. 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. Mitigation for potentially significant
biological impacts.
55. Prior to initial ground disturbance, it is recommended that a "tailgate" session relative to all
environmental Federal, State, and local laws for all construction personnel be conducted by
a qualified biologist. Mitigation for potentially significant biological impacts.
56. Any evidence, such as burrows or potential raptor nests, observed at any time during
construction, shall be promptly reported to the reviewing agencies for resolution. Mitigation
for potentially significant biological impacts.
57. 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. Mitigation for
potentially significant biological impacts.
Cultural Resources
58. During excavation and grading activities, if archaeological resources are discovered on-site,
the Project Developer/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 Section 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. Mitigation
for potentially significant cultural impacts.
59. If human remains are discovered as a result of the proposed Project during development, all
activity shall cease immediately, the Project Developer/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. Mitigation for potentially significant
cultural impacts.
60. If, during grading, paleontological resources are discovered, the Project
Developer/Contractor shall stop all work and a qualified paleontologist shall be retained to
evaluate the significance of the finding and the appropriate course of action. The qualified
paleontologist shall then be retained to examine earthwork spoils generated from
construction activities. Mitigation for potentially significant cultural impacts.
Geologic and Seismic Hazards
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61. Prior to issuance of grading permits, a 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, shall be obtained.
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.
Mitigation for potentially significant Geologic and Seismic Hazards.
62. 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 CBC requirements and site-specific design. Mitigation for potentially significant
Geologic and Seismic Hazards.
Hydrology and Water Quality
63. Prior to submittal of improvement plans for each phase or individual tentative tract map, the
Project Applicant shall provide a drainage study in conformance with City of Bakersfield
design guidelines, which shall include, but not be limited to the following requirements:
63.1. Future on-site roadways shall be designed to accommodate adequate flow capacity;
63.2. Appropriate minimum storm drain pipe size diameter shall be specified by the City
Engineer; and
63.3. Storm drain flow velocity limitations shall be specified by the City Engineer.
64. Prior to approval of individual development projects by the Director of Public Works or his/her
designee, the Project Applicant shall confirm that the proposed 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 NPDES program. Mitigation for
potentially significant hydrology impacts.
65. Prior to grading plan approval, the Project Contactors shall incorporate storm water 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 National Pollutant Discharge Elimination System (NPDES} statewide General Storm
water Permit for Construction Activities. Mitigation for potentially significant hydrology
impacts.
66. 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. Mitigation for potentially significant hydrology impacts.
Mineral Resources
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67. Prior to construction, all abandoned oil wells shall be located and exposed for inspection
and leakage testing. Proof of proper abandonment shall be obtained from DOGGR. Said
proof, shall be submitted to the Planning Director prior to recordation of final maps.
Mitigation for potentially significant mineral resource impacts.
68. Abandoned oil wells shall be surveyed and accurately plotted on all future maps related to
the proposed Project with a ten foot no-build radius. A legible copy of a map showing final
Project design shall be submitted to the DOGGR. Mitigation for potentially significant mineral
resource impacts.
69. Prior to tract recordation, DOGGR shall be contacted to obtain information on the
requirements for and approval to perform remedial plugging operations if any other
abandoned or unrecorded wells are uncovered or damaged during excavation or grading.
Mitigation for potentially significant mineral resource impacts.
70. Prior to tract recordation, the on-site abandoned oil well, KCLG # 1, shall be examined for
contaminated soils. If such soils exist, the soil will be treated in place with best available
technology, or capped in place. Mitigation for potentially significant mineral resource
impacts.
Noise
71. Prior to issuance of grading permits, the Project Contractor shall provide evidence
acceptable to the City Planning Department that: ( 1) 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 delive~ies, loading or transfer of materials, equipment ·
service, and maintenance of any devices for or within the proposed Project's construction
site. Mitigation for potentially significant noise impacts.
72. 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. Mitigation for potentially significant noise impacts.
73. Prior to approval of the proposed Project plans and specifications by the City Building
Department, the Project 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. Mitigation for
potentially significant noise impacts.
7 4. Prior to approval of the proposed 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. Mitigation for
potentially significant noise impacts.
75. 40. At the earliest of the following, (i) January l, 2025, or (ii) at such time as Project build-
out results in Project trip generation equal to 2, 145 AM peak hour trips or 3,020 PM peak hour
trips: a site-specific acoustical analysis shall be conducted by a qualified acoustical
engineer to determine if existing homes located along the north side of Stockdale Highway
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(between Nord Avenue and South Claudia Autumn Drive) are located within the 65 dB CNEL
contour for "2035 With Project" conditions (247 feet from the center of the roadway), and if
such homes are not protected by an effective sound wall. Construction or replacement of
sound walls shall be implemented to achieve an exterior noise exposure of 65 dB CNEL or less
at the homes.
The site-specific acoustical analysis shall be the responsibility of the Project Developer, and
shall include measures to maintain the 20 dB reduction between exterior and interior noise
levels. If the homes located north of Stockdale Highway (between Nord A venue and South
Claudia Autumn Drive) are within the 65 dB contour and exterior noise cannot be reduced
to 65 dB or below by use of a sound wall, then interior noise reduction measures shall be
used. Interior noise reduction can be achieved by providing windows facing Stockdale
Highway with assemblies having a minimum laboratory-tested sound transmission class (STC)
rating of 35. Mitigation for potentially significant noise impacts.
7 6. After the precise grading and plot plans have been developed and prior to the issuance of
building permits, a site-specific acoustical analysis shall be conducted by a qualified
acoustical engineer to determine the final height and location of any sound walls that would
be required along Stockdale Highway. It is estimated that eight-foot high sound walls would
be required along Stockdale Highway, to reduce traffic noise levels to below the City's 65 dB
CNEL standard. The final design of sound walls will require a detailed acoustical analysis that
takes into consideration site-specific factors including building setbacks and the relative
elevations of the traffic noise source, sound wall, and receiver. The acoustical analysis shall
be the responsibility of the Project Developer. Mitigation for potentially significant noise
impacts.
77. After the precise grading and plot plans have been developed and prior to the issuance of
building permits, a site-specific acoustical analysis shall be conducted by a qualified
acoustical engineer to determine the final height and location of any sound walls that would
be required within the Project site along Wegis Avenue. Should sound walls not be feasible
or reasonable for Wegis Avenue (a collector roadway) within the Project site, then
appropriate interior noise reduction measures shall be used for impacted receptors within
the Project site along Wegis Avenue to achieve compliance with the City's 45 dB CNEL
interior noise level standard. Such measures may include providing air conditions or
mechanical ventilation systems so that windows and doors may remain closed for noise
reduction purposes. Mitigation for potentially significant noise impacts.
78. As a condition of approval, when sites specific commercial uses are proposed that have the
potential to cause significant noise impacts due to the nature of the business or the hours of
operation, an acoustical analysis shall be conducted to the satisfaction of the City Planning
Department, that quantifies proposed Project-related noise levels and recommends
mitigation measures to achieve compliance with the City's noise standards for stationary
noise sources (refer to Table 5.6-2, in EIR). Mitigation for potentially significant noise impacts.
79. In order to protect Kern County Water Agency's (KCWA's) full use and operations of their
existing facilities, as part of the tentative tract process, future residents and tenants adjacent
to the Pioneer Project and Cross Valley Canal shall be notified via recorded deed notices or
real estate disclosure statements, that the following nuisances may occur during facility
operating and maintenance: noise, aesthetic impairments including impairment of privacy,
blowing dust and/or smoke. In an attempt to reduce complaints and unwarranted
investigations undertaken by KCWA, and to assist in the long-term protection of the adjacent
water facilities, the following disclosure shall be given via recorded deed notices or real
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Exhibit "A"
VTTM 7468
Page 20 of 26
estate disclosure statements as part of any transfer of properties within the proposed Project
site:
Your real property is adjacent to or in the vicinity of property used for water delivery and/or
groundwater recharge and recovery operations. You may be subject to inconveniences,
annoyances, or discomforts arising from and associated with such operations on a 24-hour
basis. Said discomforts may include, but shall not be limited to noise, aesthetic impairments
including impairment of privacy, blowing dust and/or smoke. Mitigation for potentially
significant noise impacts.
80. Prior to the issuance of building permits, if noise-sensitive uses are proposed for construction
adjacent to the KCWA pumping station, a detailed acoustical analysis shall be performed
that quantifies the noise levels produced by the pumping station (by actual noise
measurements) and takes into consideration site-specific factors including building setbacks
and the relative elevations of the equipment noise source, sound wall and receiver. The
acoustical analysis shall be the responsibility of the Project Developer. Mitigation for
potentially significant noise impacts.
Public Health and Safety
81. Prior to issuance of grading permits, the Project Applicant shall conduct soil characterization
and sampling of any observed stained soil within the proposed Project site as needed to
determine the presence or absence of hazardous materials. If concentrations of materials
are detected above regulatory cleanup levels during demolition or construction activities,
the following mitigation measure shall include:
81.1. Excavation and disposal at a permitted, off-site facility;
81.2. On-site treatment: or
81 .3. Other measures as appropriate.
Prior to issuance of grading permits, the Project Applicant shall remediate all contaminated
soils to the satisfaction of the Local Unified Program Agency (the Office of Environmental
Services Bakersfield City Fire Department) in conjunction with the State Regional Water
Quality Control Board, the California Department of Toxic Substances Control, and/or the
California Department of Water Resources. Mitigation for potentially significant public health
and safety impacts.
82. Prior to issuance of grading permits, all stained concrete/asphalt pads shall be removed and
disposed of at an appropriate permitted facility. Once removed, exposed soils shall be
visually observed to confirm the presence/absence of staining (an indication of
contamination migration into the subsurface). If observed, stained soils shall be sampled to
identify appropriate remedial activities. Mitigation for potentially significant public health
and safety impacts.
83. Prior to issuance of grading permits, all sumps and stockpiled soil shall be removed from the
proposed Project site and properly disposed of at an approved facility. All sumps and soils
shall be sampled and tested for hazardous materials. The areas beneath and around the
removed materials shall be visually inspected. Any stained soils observed underneath the
removed materials shall be sampled pursuant to Mitigation Measure 5.3-1 a. Mitigation for
potentially significant public health and safety impacts.
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Exhibit "A"
VTTM 7468
Page 21 of 26
84. Prior to issuance of grading permits, the Project Applicant shall remove and properly dispose
of the on-site debris, consisting of drums, containers, stained supplies and equipment and
miscellaneous debris, at an approved landfill facility. The areas beneath and around the
removed debris shall be visually inspected. Any stained soils observed underneath the debris
shall be sampled pursuant to Mitigation Measure 5.3-1 a. Mitigation for potentially significant
public health and safety impacts.
85. Prior to issuance of the grading permits, aboveground chemical or fuel storage tanks (ASTs)
shall be removed and properly disposed of at a licensed tank destruction facility. Once
removed, a visual inspection of the areas beneath and around the removed ASTs shall be
performed. Any stained soils observed beneath the ASTs shall be sampled. If concentrations
of materials are detected above regulatory cleanup levels during sampling activities, the
mitigation measure shall include:
85.1. Excavation and disposal at a permitted, off-site facility;
85.2. On-site treatment; or
85.3. Other measures as appropriate.
86. Prior to recordation of a Final Map, Parcel Map Waiver, or Lot Line Adjustment, whichever
occurs first, the downhole details of abandoned wells shall be reviewed by Division of Oil,
Gas and Geothermal Resource (DOGGR) engineers. Written verification from the s DOGGR
shall be provided to indicate that the wells have. been properly abandoned or
reabandoned, if necessary pursuant to current DOGGR regulations and requirements.
Mitigation for potentially significant public health and safety impacts.
87. All future drilling, production, and construction activities shall also be subject to the following
fire and safety regulations required by the City of Bakersfield Fire Department:
87 .1. No structures shall be built within 100 feet of any oil well unless the well has been
properly abandoned per Uniform Fire Code 7904.3.2.3. Mitigation for potentially
significant public health and safety impacts.
87.2. Prior to the issuance of a building permit for structures located within 100 feet of an oil
well, the Project Applicant shall provide a letter of certification from the DOGGR to the
City of Bakersfield Fire Department, Office of Prevention Services indicating that
previously abandoned wells have been reabandoned to current DOGGR standards.
Mitigation for potentially significant public health and safety impacts.
87.3. Prior to issuance of a building permit, the location of any well is to be surveyed,
located, and marked by a licensed civil engineer or land surveyor. A map shall be
furnished to the City of Bakersfield Fire Department, Office of Prevention Services
showing the location and measurements of any well in relation to any existing and
proposed structures per Bakersfield Municipal Code 15.66.080 B. Mitigation for
potentially significant public health and safety impacts.
87.4. The Project Applicant shall notify the property owner of the structure (residence) of the
existing abandoned oil well on their lot through the deed or other legal documents per
Bakersfield Municipal Code 15.66.080 B. Mitigation for potentially significant public
health and safety impacts.
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Exhibit "A"
VTTM 7468
Page 22 of 26
88. The existing irrigation wells currently producing water on the proposed Project site shall not
be utilized to provide water for human consumption. Prior to the approval of each individual
tentative tract map, the irrigation wells within that phase that will not be utilized to su·pply
water for future landscaping, on-going agricultural operations, or other non-consumptive
purposes shall be destroyed per California Department of Water Resources and Kern County
Environmental Health Services Department standards. Mitigation for potentially significant
public health and safety impacts.
89. Prior to issuance of a grading permit, the Project Contractor shall obtain information on the
location of underground pipelines and any information regarding safety concerns of the
pipelines. During grading activities, Pacific Gas and Electric Company (PG&E} or any other
utility company operating pipelines traversing the boundaries or within the boundaries of the
proposed Project site shall be notified of the construction activity within the corresponding
easement. Mitigation for potentially significant public health and safety impacts.
90. If during soil removal, evidence of petroleum products appears to continue below the
ground surface, sampling shall be performed to characterize the extent of contamination
and identify appropriate remedial measures. Mitigation for potentially significant public
health and safety impacts.
91. If unknown wastes or suspect materials are discovered during construction by the contractor,
which he/she believes may involve hazardous waste/materials, the contractor shall:
91.1. Immediately stop work in the vicinity of the suspected contaminant, removing workers
and the public from the area;
91.2. Notify the Project engineer of the implementing agency;
91 .3. Secure the areas as directed by the Project engineer; and
91 .4. Notify the implementing agency's hazardous waste/materials coordinator.
92. If, during grading and construction, potential unknown buried hazardous materials are
found, and/or unidentified materials are discovered in the prescribed soil testing, health and
safety procedures shall be implemented immediately by the Contractor. Procedures shall
include, at a minimum, emergency medical treatment, evacuation of the site and/or
threatened area, and notification action. Notification shall be determined by the
appropriate agency which may include but not be limited to the following agencies: Kern
County Department of Environmental Health Services, City of Bakersfield Fire Department,
San Joaquin Valley Air Pollution Control District, and the Regional Water Quality Control
Board. Evacuation and determination regarding the type of contamination encountered
and best course of action would be determined by the ranking official and any required
remediation measures shall be implemented. Work shall stop immediately if any unknown
soil or other hazardous materials concerns arise during any part of the testing, grading, and
construction activities on the proposed Project site. Mitigation for potentially significant
public health and safety impacts.
93. If any PG&E pipeline is ruptured during grading, PG&E shall be notified at (800} 7 43-5000, and
911 (Kern County Emergency Services} shall be called. The Pipeline Development Policies of
the City of Bakersfield Fire Department are as follows:
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Exhibit "A"
VTTM 7468
Page 23 of 26
93.1. No habitable portion of a structure may be built within 50 feet of a gas main, or
transmission line, or refined liquid product line with 36 inches of cover; Mitigation for
potentially significant public health and safety impacts.
93.2. No structure may be built within 40 feet of a hazardous liquids pipeline bearing refined
product, with 48 inches or more of cover; Mitigation for potentially significant public
health and safety impacts.
93.3. No habitable portion of a structure may be build within 30 feet of a crude oil pipeline
operating at 20 percent or greater of its design strength; Mitigation for potentially
significant public health and safety impacts.
93.4. Prior to or concurrently with the filing of a final map, a covenant shall be recorded on
all lots
93.5. of this tract, or portion therefore, which are within 250 feet of any gas transmission lines.
The covenant shall acknowledge proximity of pipeline easement to said property and
describe the name, type and dimension of the pipeline. Prior to recordation, the
Project Applicant shall submit and obtain approval of covenant wording with the City
Attorney, City of Bakersfield Fire Department's Office of Prevention Service, and the
City engineer. Mitigation for potentially significant public health and safety impacts.
94. If transite pipe is located on the site during construction activities, the San Joaquin Valley Air
Pollution Control District (SJVAPCD) shall be contacted for proper disposal procedures and
requirements. Transite pipe shall then be removed and properly disposed per the SJV APCD
guidelines. Mitigation for potentially significant public health and safety impacts.
95. Prior to any on-site construction activities, 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. Mitigation for potentially significant
public health and safety impacts.
96. Prior to issuance of grading permits, any removal or relocation of transformers shall be
conducted under the purview of the local utility purveyor (i.e., Pacific Gas and Electric
Company [PG&E]) to identify proper handling procedures regarding potential
polychlorinated biphenyls (PCBs). If stained soils are observed underlying any of the pole-
mounted electrical transformers, it shall be sampled and tested for the presence of PCBs.
Mitigation for potentially significant public health and safety impacts.
97. Prior to the issuance of grading and building permits, if necessary, PCB affected soil shall be
properly disposed per Federal, State, and local laws. Testing and disposal shall meet the
regulations of the City of Bakersfield Fire Department, Office of Prevention Services. If such
PCB soil testing and disposal are required, a verification closure letter shall be obtained from
the City of Bakersfield Fire Department Office of Prevention Services. Mitigation for
potentially significant public health and safety impacts.
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Exhibit "A"
VTTM 7468
Page 24 of 26
98. Pursuant to the SJVAPCD Regulation VIII-Fugitive PM 1 O Prohibitions, all areas with bare soil
exposed as a result of the proposed Project's 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. Mitigation for
potentially significant public health and safety impacts.
99. Prior to development, the Project Developer shall construct a six-foot-high chain-link fence,
or equivalent barrier as determined by the advisory agency, between any subdivision and
the right-of way line of any irrigation canal within or adjacent to the subdivision, as specified
in City of Bakersfield Subdivision and Engineering Design Manual Standard S-10. Mitigation
for potentially significant public health and safety impacts.
Public Services and Utilities
100. With submittal of each final tract map, 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.
Mitigation for potentially significant public service and utilities impacts.
101. The Project Applicant shall be required to pay impact-based school fees at the
statutory rate in effect at the time of issuance of building permits, in accordance with
Education Code§ 17620 and Government Code §65995. Mitigation for potentially significant
public service and utilities impacts.
102. Prior to recordation of a final map(s), the subdivider shall dedicate land and/or pay in-
lieu fees for parkland dedication to the North of the River Recreation and Park District
(NORRPD), in compliance with Government Code Section 66477 (Quimby Act), Bakersfield
Municipal Code § 15.80 (based on a parkland dedication requirement of 2.5 acres per 1,000
population), and NORRPD policies and standards. If the number of dwelling units increases
or decreases upon recordation of a final map(s), the park land requirement will change
accordingly. Refer to Bakersfield Municipal Code § 15.80 and the Planning Information Sheet
regarding calculation and payment of in-lieu fees. The NORRPD shall provide a certificate
stating that this measure is satisfied. Mitigation for potentially significant public service and
utilities impacts.
103. Prior to recordation of the first final map, the subdivider shall provide written
proof /verification from NORR PD that the proposed Project site is/has been included within
the NORPPD Maintenance District. Said verification shall be submitted to the City of
Bakersfield Planning Director. Mitigation for potentially significant public service and utilities
impacts.
104. Prior to proposed Project development, the Project Applicant shall coordinate with the
City of Bakersfield Water Resources Department in regards to a will serve letter indicating its
intention to serve as the water utility for providing water service to the proposed Project.
Mitigation for potentially significant public service and utilities impacts.
105. Prior to issuance of any building permit, the Project Applicant shall submit, for review, 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 proposed
Project Contractor will use to haul recyclable materials and shall include the method and
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Exhibit "A"
VTTM 7468
Page 25 of 26
location of material disposal. Mitigation for potentially significant public service and utilities
impacts.
106. The Project Applicant shall comply with applicable City ordinances to waste collection
within the proposed Project site, including such ordinances which require mandatory
curbside recycling. Mitigation for potentially significant public service and utilities impacts.
107. Prior to approval of a tentative tract map, the Project Applicant shall coordinate with
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.
Mitigation for potentially significant public service and utilities impacts.
108. All main lines adjacent to the roadways shall be brought to the ultimate width prior to
recordation of each phase. In addition, utility easements shall be readily available.
Mitigation for potentially significant public service and utilities impacts.
109. Prior to approval of a tentative tract map, the Project Applicant shall coordinate with
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.
Mitigation for potentially significant public service and utilities impacts.
Traffic and Circulation
110. Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be submitted
for review and approval to the City of Bakersfield Public Works Department. 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 or 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 Engineer. 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 and Fire Departments as it applies to emergency response
or evacuation plans. Mitigation for potentially significant traffic and circulation impacts.
111. Any roadway segment improvements on Stockdale Highway between Enos Lane and
Superior Road shall include railroad crossing safety measures such as proper warning signals,
lights, striping, median separation, and parking restrictions, as outlined in the CPUC guidelines
and the Phase IV RTIF Program. This mitigation measure shall be satisfied by the Project
applicant's payment of RTIF fees. Mitigation for potentially significant traffic and circulation
impacts.
112. Prior to the issuance of building permits, the Project Applicant shall participate in the
City's RTIF Program. The Project Applicant shall submit funding calculations for all
improvements associated with the RTIF Program pursuant to Tables 6 and 8 of the proposed
Project's Traffic Impact Study (McIntosh and Associates, September 2009, [Appendix 15.4])
for approval. Mitigation for potentially significant traffic and circulation impacts.
113. For impacted intersections subject to fair share improvements (refer to Table 6, from
September 2009 Traffic Impact Study [refer to Appendix 15.4]) and roadway segment
improvements, prior to the issuance of building permits, the Project Applicant shall
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Exhibit "A"
VTTM 7468
Page 26 of 26
participate in the improvements required on a pro-rota, fair-share basis, as indicated the
Recommended Improvements and Table 5.5-6. Mitigation for potentially significant traffic
and circulation impacts.
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VTTM 7468
CIJY Of BAKERSFIELD
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Exhibit B
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R-1 One family Dwelling
6,000 sq.ft. min lot size
R-1-15 One family Dwelling
4;SOO sq.ft. min fol size
E Estate
10,000 sq.ft. min lot size
R-S Residential Suburban
24;000 sq.ft./dwelling uni!
R0S{ ) Residential Suburban
1,2.S,S or 10 min lot size
R-2 limited Multiple Family Dwelling
4,SOO sq.ft. min lot size (single family)
6,000 sq.ft. min lot size (mul!ifainily)
2,SOO sq.It. lot area/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min lot size
1,250 sq.It. lot area/dwelling unit
R-4 High Density Multiple Family Dwelling
6,000 sq.fl. min lot size
600 sq.It. lot area/dwelling unit
R-H Residential Holding
20 acre min lot size
A Agricutture
6,000 sq.fl. min lot size
A-20A Agriwlture
20 acre min lot size
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-0 ProfessioRal and Administrali•e Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C-C Commercial Canter
C-B Central Business
PCD Planned Commercial Development
M-1 light Manufarturing
M-2 General ManufacturiRg
M-3 Heavy Industrial
P Automobile Parking
R£ Recreatian
Ch Church Overlay
OS Open Space
HOSP Hospital Oveday
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
HO Hillside Development Combining
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ExhibitC
DATE -PAJOBND.-322M
VESTING
TENTATIVE
TRACT No. 7468
1 OF 2 SHEETS
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