HomeMy WebLinkAboutRes. No. 31-24 (VTPM 12541)RESOLUTION NO. 31-24
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
TO APPROVE VESTING TENTATIVE PARCEL MAP 12541
LOCATED BETWEEN STATE ROUTE 178 AND MALL VIEW ROAD,
APPROXIMATELY 1/3 MILE WEST OF OSWELL STREET.
WHEREAS, McIntosh & Associates representing ZDI East Hills, LLC, filed an application
with the City of Bakersfield Planning Department requesting a Vesting Tentative Parcel Map
12541 (the "Project"), consisting of 11 parcels on 36.40 acres for commercial development, as
shown on attached Exhibit "B", located between State Route 178 and Mall View Road,
approximately 1 /3 mile west of Oswell Street as shown on attached Exhibit "C"; and
WHEREAS, the application was deemed complete on July 9, 2024; and
WHEREAS, an initial study was conducted and it was determined that the Project
would not have a significant effect on the environment and a Mitigated Negative Declaration
was prepared and approved by the City Council on August 16, 2017, in conjunction with Zone
Change 17-0047, in accordance with California Environmental Quality Act (CEQA); and
WHEREAS, the Secretary of the Planning Commission, did set, Thursday, September
5, 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, 1 O days prior to the hearing.
2. Staff determined that the proposed activity is a project and an
initial study was prepared for the original project Zone Change 17-0047 of
the subject property and a Mitigated Negative Declaration was adopted on
Page 1 of 3
August 16, 2017, by the City Council for the original project, and duly noticed
for public review.
3. Said Mitigated Negative Declaration for the Project is the appropriate
environmental document to accompany approval of the Project. In
accordance with State CEQA Guidelines Section 15162, no further
environmental documentation is necessary because no substantial changes
to the original project are proposed, there are no substantial changes in
circumstances under which the project will be undertaken, and no new
environmental impacts have been identified. The Project will not
significantly impact the physical environment because mitigation measures
relating to Zone Change 17-0047 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 MC (Major Commercial) 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.
7. 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 Mitigated Negative Declaration previously approved in
conjunction with Zone Change 17-0047.
3. Vesting Tentative Parcel Map 12541, is hereby approved with conditions of
approval and mitigation measures shown on Exhibit "A".
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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
September 5, 2024, on a motion by Commissioner Bashirtash and seconded by
Commissioner Kaur, by the following vote.
AYES:
ABSENT:
Bashirtash, Bittle, Cater, Kaur, Koman, Neal, Strickland
None
Exhibits {attached):
Exhibit A: Conditions of Approval
Exhibit B: Location Map
Exhibit C: Tentative Map
AP/..OVED
D~~IR
City of Bakersfield Planning Commission
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EXHIBIT "A"
VESTING TENTATIVE PARCEL MAP 12541
CONDITIONS OF APPROVAL
NOTE to Subdivider I 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 . 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 and approval:
3.1. A drainage study for the entire subdivision shall be submitted for review and
approval by the City Engineer.
3.2. A sewer study to include the entire subdivision and showing what surrounding
areas may be served by the main line extensions. Submit verification to the City
Engineer of the existing sewer capability to accept the additional flows to be
generated through the development.
3.3. If the parcel map is discharging storm water to a canal, a channel, or the Kern
River: In order to meet the requirements of the City of Bakersfield's NPDES
permit, and to prevent the introduction of sediments from construction or from
storm events to the waters of the US, all storm water systems that ultimately
convey drainage to the river or a canal shall 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 108-2023 the area within the Parcel Map 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. Off-site striping 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.
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Exhibit "A"
VTPM 12541
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5. Final plan check fees for the Final Map shall be submitted with the first plan check
submission.
6. There was no phasing proposed with this Tentative Map. The following conditions are
based upon the premise that filing of Final Maps will occur in one phase. If
recordation does not occur in that normal progression, then, prior to recordation of
a final map, the City Engineer shall determine the extent of improvements to be
constructed with that particular phase.
6. 1. The following shall occur with Parcel Map 12541, prior to the recording of the
final map.
6.1.1. Construct continuous sidewalk along Mall View Rd, from the western
driveway (near Parcel 2) to the existing sidewalk that already extends from
the eastern property boundary.
6.1.2. Reconstruct or repair any existing substandard curb, gutter, sidewalk, or
accessible ramp that front the site, to adopted city standards as directed
by the City Engineer. Schedule an inspection with the Construction
Superintendent to find out what improvements will be required; any
frontage improvements or repairs required during the site inspection shall be
completed.
6. 1.3. A minimum of 120 feet of right-of-way shall be dedicated from the
centerline of SR 178 along the entire Parcel Maps northern boundary, if not
already existing. (Condition from Caltrans letter dated 7/31/24).
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
7. Prior to recordation of the Final Map, the subdivider shall
7.1. 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.
7.2. 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.
7 .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
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Exhibit "A"
VTPM 12541
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post security for the purchase and improvement of said right of way.
7.4. 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 lines and laterals and storm water retention basin(s), shared access, and
associated storm drain lines and appurtenant facilities.
8. 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.
9. 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 time of
development.
10. Install blue markers in the street at the fire hydrants per the Fire Department
requirements.
11. 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.
12. 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(0). The written notification and
documentation are subject to approval by the City Engineer or his/her designee.
FIRE SAFETY DIVISION
13. Pipeline Easements.
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Exhibit "A"
VTPM 12541
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13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 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
14. Fire Apparatus Access Roads and Hydrants
14.1 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.
14.2 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)
Table D103.4
R equirmen s or ea -n ire tf D dEdF A t A ppara us ccess R d oa s
Length Width Turnaround Required
(Feet) (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
Over750 Special Aooroval Required
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Exhibit "A"
VTPM 12541
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14.3 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
15. 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
16. This subdivision shall comply with all provisions of the Bakersfield Municipal Code, and
applicable resolutions, policies and standards in effect at the time the application for
the subdivision map was deemed complete per Government Code Section 6647 4.2.
17. 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.
18. Mineral Rights: Prior to recordation of the first final map, the following shall apply:
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Exhibit "A"
VTPM 12541
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a. 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.1 and orderly
development.
19. 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.
MITIGATION MEASURES FROM MITIGATED NEGATIVE
DECLARATION ZONE CHANGE 17-0047
Air Quality Impact Mitigation Measures
20. Comply with SJVAPCD Regulation VIII (dust control measures):
• Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the
site or approaches 20% opacity.
• Water all unpaved haul roads a minimum of three-times/day or whenever visible dust from
such roads is capable of drifting from the site or approaches 20% opacity.
• Reduce speed on unpaved roads to less than 15 miles per hour.
• Install and maintain a track out control device that meets the specifications of SJVAPCD Rule
8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by
vehicles with three or more axles .
• stabilize all disturbed areas, including storage piles, which are not being actively utilized for
production purposes using water, chemical stabilizers or by covering with a tarp or other
suitable cover.
• Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling,
grading, or cut and fill operations with application of water or by presoaking.
• When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover
or effectively wet to limit visible dust emissions.
Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the
end of each workday. (Use of dry rotary brushes is prohibited except when preceded or
accompanied by sufficient wetting to limit visible dust emissions and use of blowers is
expressly forbidden).
• Stabilize the surface of storage piles following the addition or removal of materials using water
or chemical stabilizer /suppressants.
• Remove visible track-out from the site at the end of each workday.
• Cease grading or other activities that cause excessive (greater than 20% opacity) dust
formation during periods of high winds (greater than 20 mph over a one-hour period).
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Exhibit "A"
VTPM 12541
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21. GAMA QI guidance document list the following measures for construction activities:
• Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the
site or approaches 20% opacity.
• Water all unpaved haul roads a minimum of three-times/day or whenever visible dust from
such roads is capable of drifting from the site or approaches 20% opacity.
• Reduce speed on unpaved roads to less than 15 miles per hour.
• Install and maintain a track out control device that meets the specifications of SJVAPCD Rule
8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by
vehicles with three or more axles .
• stabilize all disturbed areas, including storage piles, which are not being actively utilized for
production purposes using water, chemical stabilizers or by covering with a tarp or other
suitable cover.
• Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling,
grading, or cut and fill operations with application of water or by presoaking.
• When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover
or effectively wet to limit visible dust emissions.
• Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the
end of each workday. (Use of dry rotary brushes is prohibited except when preceded or
accompanied by sufficient wetting to limit visible dust emissions and use of blowers is
expressly forbidden).
• Stabilize the surface of storage piles following the addition or removal of materials using water
or chemical stabilizer/suppressants.
• Remove visible track-out from the site at the end of each workday.
Cease grading or other activities that cause excessive (greater than 20% opacity) dust
formation during periods of high winds (greater than 20 mph over a one-hour period).
22. GAMAQI guidance document lists the following measures as approved and recommended
for construction activities.
Maintain all construction equipment as recommended by manufacturer manuals.
• Shut down equipment when not in use for extended periods.
• Construction equipment shall operate no longer than eight (8) cumulative hours per day.
Use electric equipment for construction whenever possible in lieu of diesel or gasoline
• powered equipment.
Curtail use of high-emitting construction equipment during periods of high or excessive
• ambient pollutant concentrations.
All construction vehicles shall be equipped with proper emissions control equipment and kept
• in good and proper running order to substantially reduce NOx emissions.
On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under
• manufacturer's guidelines.
On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if
permitted under manufacturer's guidelines.
All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or
to remain on-site during lunch breaks.
All construction activities within the Project area shall be discontinued during the first stage
smog alerts.
Construction and grading activities shall not be allowed during first stage 03 alerts. First stage
03 alerts are declared when the 03 level exceeds 0.20 ppm (1-hour average).
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Exhibit "A"
VTPM 12541
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23. Reduction of long term emissions.
• The Project design shall comply with applicable standards set forth in Title 24 of the Uniform
Building Code to minimize total consumption of energy.
• Applicants shall be required to comply with applicable mitigation measures in the AQAP,
SJVAPCD Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the
SJVAPCD.
• The developer shall comply with the provisions of SJVAPCD Ruic 4601 -Architectural Coatings,
during the construction ofall buildings and facilities. Application of architectural coatings shall
be completed in a manner that poses the least emissions impacts whenever such application is
deemed proficient.
• The applicant shall comply with the provisions of SJVAPCD Ruic 4641 during the construction
and pavement of all roads and parking areas within the Project area. Specifically, the applicant
shall not allow the use of:
Rapid cure cutback asphalt;
Medium cure cutback asphalt;
Slow cure cutback asphalt (as specified in S]VAPCD Ruic 4641, Section 5.1.3); or
Emulsified asphalt (as specified in SJVAPCD Ruic 4641, Section S.1.4).
The developer shall comply with applicable provisions of S]VAPCD Ruic 9510 (Indirect
Source Review).
24 . Measures applied in CalEEMod to the Proposed Project:
• Improve Distance to Public Transit;
The Project would have a bus stop on-site, promoting the use of public transportation
to the project rather than private vehicle.
• Improve Pedestrian Network (Project site and connecting off-site);
Providing a pedestrian access network to link areas of the Project site encourages
people to walk instead of drive, resulting in a reduction in VMT. The Project would
provide a pedestrian access network that internally links all uses and connects to all
existing or planned external streets and pedestrian facilities contiguous with the
Project site (CAPCOA 2010).
• 3% Electric Lawnmower;
When electric landscape equipment is used in place of a conventional gas-powered
equipment, direct GHG emissions from natural gas combustion are replaced with
indirect GHG emissions associated with the electricity used to power the equipment
(CAPCOA 2010). The SJVAPCD accepts the statewide average of 3 percent electric
landscape equipment as a standard mitigation measure. This measure is likely
conservative as it does not include local incentives through the air district such as the
lawn mower exchange program, electric mower rebates etc.
3%, Electric Leaf blower;
When electric landscape equipment is used in place of a conventional gas-powered
equipment, direct GHG emissions from natural gas combustion are replaced with
indirect GHG emissions associated with the electricity used to power the equipment
(CAPCOA 2010). The SJVAPCD accepts the statewide average of 3 percent electric
landscape equipment as a standard mitigation measure.
3% Electric Chainsaw;
When electric landscape equipment is used in place of a conventional gas-powered
equipment, direct GHG emissions from natural gas combustion are replaced with
indirect GHG emissions associated with the electricity used to power the equipment
(CAPCOA 2010). The S]VAPCD accepts the statewide average of 3 percent electric
landscape equipment as a standard mitigation measure.
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Exhibit "A"
VTPM 12541
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Biological Impact Mitigation Measures
25. NOTE: The Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) has expired.
Subdivider shall comply with federal and state laws protecting certain species of plants, fish,
and wildlife that are listed or proposed for listing as endangered or threatened, as well as
their designated critical habitat. The presence of an endangered or threatened species on
private land that overlaps with development may impose certain duties, such as avoiding
unauthorized take and, in some cases requiring consultation with the United States Fish &
Wildlife Service and/or California Department of Fish & Wildlife agency. As a violation of the
prohibition on unauthorized take can lead to civil and criminal penalties if unauthorized take
occurs, property owners and developers shall take the necessary steps to ensure
compliance with federal and state laws.
Pay Development Impact Fees Pursuant to the Metropolitan Bakersfield Habitat
Conservation Plan. The project is subject to the provisions of the Metropolitan Bakersfield
Habitat Conservation Plan.
The current MB HCP urban development incidental take permit expires on September 1, 2019.
Projects may be issued an urban development permit, grading plan approval, or building
permit and pay fees prior to the September expiration date. As determined by the City of
Bakersfield, only projects ready to be issued an urban development permit, grading plan
approval or building permit before the expiration date will be eligible to pay fees under the
current MBHCP incidental take permit. Early payment or pre-payment of MBHCP fees shall
not be allowed. The ability of the City to issue urban development permits is governed by the
terms of the MBHCP incidental take permit. Urban development permits issued after the
expiration date may be subject to a new or revised Habitat Conservation Plan, if approved,
or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the
California Department of Fish and Wildlife.
26. Within 30 days of initial ground disturbance conduct Preconstruction Clearance Survey by a
qualified biologist. A biological clearance survey is required for San Joaquin kit fox and
burrowing owl. The survey shall be completed according to the requirements of the
Metropolitan Bakersfield Habitat Conservation Plan and Incidental Take Permit. All surveys
must be delivered to the U.S. Fish and Wildlife Service, the California Department of Fish and
Wildlife, and the City of Bakersfield.
If the survey results find a covered species on the project site, a written Notice of Grading is
required at least 5 business days prior to any ground disturbance activities (excluding
weekends and holidays). The Notice of Grading shall only be submitted after all required
minimization measures, according to the Incidental Take Permit, are implemented.
27. San Joaquin Kit Fox Avoidance and Den Excavation. If known, active, or natal San Joaquin
kit fox dens are identified during the survey, minimization measures identified in the Incidental
Take Permit for den avoidance must be demonstrated (Metropolitan Bakersfield Habitat
Conservation Plan Incidental Take Permit Condition of Approval 7.5). If dens cannot be
avoided, appropriate monitoring and den excavation as described in Metropolitan
Bakersfield Habitat Conservation Plan Incidental Take Permit.
28. Burrowing Owl Focused Survey and Avoidance and Passive Relocation. A focused survey
following the protocol described in the California Department of Fish and Wildlife Staff Report
on Burrowing Owl Mitigation (CDFG 2012) will be conducted prior to the start of construction.
If burrowing owls are identified on the project site, occupied burrows shall not be disturbed
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Exhibit "A"
VTPM 12541
Page 10 of 11
during the nesting season (February l through August 31 for owls and other raptors). The non-
disturbance buffer shall include a minimum 250-foot buffer zone around any occupied
burrow unless a qualified biologist approved by the California Department of Fish and
Wildlife verifies through non-invasive methods that either ( l ) burrowing owls have not begun
egg laying and incubation, or (2) juveniles from the occupied burrows are foraging
independently and are capable of independent survival. The sizes of individual buffers may
be modified through coordination with the California Department of Fish and Wildlife based
on site-specific conditions and existing disturbance levels. During the non-nesting season or if
the qualified biologist determines either (l) or (2) above, the project applicant will
coordinate with the California Department of Fish and Wildlife to construct artificial burrows
and passively relocate the owl(s). Passive relocation is defined as encouraging owls to move
from occupied burrows to alternate natural or artificial burrows that are beyond 50 meters
(approximately 160 feet) from the impact zone and that are within or contiguous to a
minimum of 6.5 acres of foraging habitat for each pair of relocated owls (California
Burrowing Owl Consortium 1993). Regarding passive relocation, the Burrowing Owl Survey
Protocol and Mitigation Guidelines (California Burrowing Owl Consortium 1993) state that:
"Owls should be excluded from burrows in the immediate impact zone and within a
50 m (approx. 160 feet) buffer zone by installing one-way doors in burrow entrances.
One-way doors should be left in place 48 hours to insure owls have left the burrow
before excavation. One alternate natural or artificial burrow should be provided for
each burrow that will be excavated in the project impact zone. The project area
should be monitored daily for one week to confirm owl use of alternate burrows
before excavating burrows in the immediate impact zone. Whenever possible,
burrows should be excavated using hand tools and refilled to prevent reoccupation.
Sections of flexible plastic pipe or burlap bags should be inserted into the tunnels."
29. Protect Nesting Birds. If construction activities are scheduled to begin between February 15
and September 15, a nesting bird survey will be conducted no more than 5 days prior to the
start of any initial activity. If construction is postponed, additional surveys may be required.
For any nests that are identified, avoidance buffers will be established to avoid any
disturbances that may affect the nesting birds or cause nest failure. The buffer will be
determined based on a qualified biologist's determination. If the recommended buffer is less
than 500 feet for raptors and less than 250 feet for passerine birds, then a biological monitor
will be present whenever construction occurs within 500 feet of a raptor nest or 250 feet of a
passerine nest, unless otherwise determined unnecessary by a qualified biologist. If the
biologist detects distress or a risk of nest failure resulting from the construction activity, the
biologist may halt construction and adjust the buffer as necessary.
30. Conduct "Tailgate" Environmental Education for All Construction Personnel. Prior to initial
groundbreaking, a tailgate session shall be conducted by a qualified biologist to educate
construction personnel on relevant federal, state, and local laws related to potentially
occurring special-status species at the site. The tailgate session shall include training on
identification of species that may be found on the project site, the status of those species,
and any legal protection afforded to those species. Measures that are being implemented
to protect those species will also be explained. Personnel will be advised to report any
special-status species or burrows promptly. A fact sheet conveying this information will be
prepared for display or for distribution to anyone who may enter the project site. Proof of
training shall be submitted to the City of Bakersfield Planning Department within five days of
the training.
CC \s:\05_Lond Division\ 12541\01 _hearing and noticing documents\draft\8.15.24 Meeting\ VTPM 12541 _ExA Con.docx
Exhibit "A"
VTPM 12541
Page 11 of 11
31. Other Best Management Practices. The project shall continuously comply with the best
management practices items listed below during all construction activities and operations of
the project:
a) All trash, including food items, will be disposed of in securely closed or covered
containers daily.
b) A project speed limit will be maintained at 20 miles per hour during daylight hours and
1 O miles per hour for any driving on site before sunrise or after sunset.
c) All exposed pipes, culverts, and other similar structures with a diameter 4 inches or
greater shall be properly capped in order to prevent entry by San Joaquin kit fox or
other species. Any of these materials or structures that are left overnight and are not
capped shall be inspected prior to being moved, buried, or closed in order to ensure
that San Joaquin kit fox or other species are not present within the structure. If a
covered species is found within one of these structures, the animal will be allowed to
safely escape that section prior to moving or utilizing that segment.
d) Cover or Inspect All Trenches or Other Potential Entrapments. All open holes, sumps,
and trenches shall be inspected at the beginning, in the middle, and at the end of
each day for trapped covered species as required by Metropolitan Bakersfield Habitat
Conservation Plan Incidental Take Permit Condition of Approval 7.15. All trenches,
sumps, and other excavations with side walls that have greater than 1 : 1 slope ( 45
degrees) and are between 2 and 8 feet deep will be covered when workers or
equipment are not actively working in the excavation, including overnight, or shall
have an escape ramp constructed of earth or a non-slip material with less than l :l
slope. All excavations with side walls greater than l :10 slope and deeper than 8 feet
shall be covered when workers or equipment are not actively working in the exaction
and at the end of each day. All excavations that are covered long term shall be
inspected at the beginning of each working day to ensure inadvertent entrapment
has not occurred. If a covered species is found to be trapped, work is to cease in the
vicinity and notification will be made immediately to the California Department of Fish
and Wildlife. The animal will be allowed to escape unimpeded, or a qualified biologist
will capture and relocate the animal in accordance with California Department of Fish
and Wildlife direction.
Cultural Resources Mitigation Measures
32. If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the
archeologist.
CC \s:\05_Land Division\ 12541\01 _hearing and noticing documents\draft\8.15.24 Meeting\ VfPM 12541 _ExA Con.docx
VTPM 12541
Exhibit B
CITY OF BAKERSFIELD
R-1
SAN PABLO AVE
R-1
i!! GILL AVE -----, ~-R-1 . R-1
NOBLE AVE
R-1
R-1
R-1 R-1
COLUMBUS ST
R-1
C-2
P.C.D.
C-2
MX-1
R-1
R-1
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OKE CT
P.C.D.
R-1
R-1
OS
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~( R-1
~, R-1
R-1
R-1
R-1
R-1
P.C.D.
BERNARD ST
R-3/P.U.D.
R-1
-COUNTY
C-2
C-2/P.C.D.
C-2
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Q COUNTY
PICO AVE <
C-2
C-2
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t;:; ..... ..... 3 ....,
0
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!;. ~ INVERNESS CT ~ ~
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LEGEND
(ZONE DISTRICTS)
R-1 One Family Dwelling
6,000 sq.ft. min lot size
R-1-4.l One Family Dwelling
4,500 sq.ft. min lat size
E Estate
10,000 sq.ft. min lot size
R-S Residential Suburban
24,000 sq.ft./dwelling unit
R-S1 ) Residential Suburban
I, 2.5, l or 10 min lot size
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family)
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot urea/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min Jot size
1,250 sq.ft. lot area/dwelling unit
R-4 High Density Multiple Family Dwelling
6,000 sq.ft. min lot size
600 sq.ft. lot area/dwelling unit
R-H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A-20A Agriculture
20 acre min lot size
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-D Professional and Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C-C Commercial Center
C-B Central Business
PCD Planned Commercial Development
M-1 Light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlay
OS Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
FP-P Floodplain Primary
FP-1 Floodplain Secondary
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citizen Overlay
HD Hillside Development Combining
WM-West Ming Specific Pion
0
~
BAKERSFIELD
t
Feet
350
7/22/2024
700
VESTING TENTATIVE PARCEL MAP No. 12541
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OF' TI£ NORTH 1/2 Of SECTION 22. T<mlSHIP 29 SOUlH, RANGE 211 EAST, M.D,M., IN THE QTY Of BAKERSflELD. CClUNTY or KERN, STATE or CAUFORNIA. 11 PARCELS 36.40 A~ UAROt OF 2024
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ExhibitC
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