HomeMy WebLinkAboutRes. No. 13-25 (VTTM 7263)RESOLUTION NO. 13-25
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
TO APPROVE SECOND REVISED VESTING TENTATIVE TRACT
MAP 7263 (PHASED) LOCATED AT THE NORTHEAST CORNER
OF BERKSHIRE ROAD AND RELIANCE DRIVE.
WHEREAS, McIntosh & Associates representing Jeffrey A. Meger (Property Owner),
filed an application with the City of Bakersfield Planning Department requesting a Second
Revised Vesting Tentative Tract Map 7263 (the "Project"); and a modification request to allow
Double Frontage Lots, Lot Frontage and Width Reduction and Reverse Corner/Key Lots,
consi.sting of 262 lots, 1 drill island, 1 sump lot, 8 landscape lots, and 2 private street lots on 54
acres to develop single-family residential, as shown on attached Exhibit "B", located at the
northeast corner of Berkshire Road and Reliance Drive as shown on attached Exhibit "C"; and
WHEREAS, the application was deemed complete on November 21, 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 Planning Commission on July 16, 2015, in conjunction with
Project No. VTTM 7263, in accordance with California Environmental Quality Act (CEQA); 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, 20 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 (Project No. VTTM 7263) of the subject
property and a Mitigated Negative Declaration was adopted on July 16,
2015 by the Planning Commission for the original project, and duly noticed
for public review.
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3. Said Mitigated Negative Declaration for the Project is the appropriate
environmental document to accompany approval of the Project. In
accordance with State CEQA Guidelines Section 15162, no further
environmental documentation is necessary because no substantial changes
to the original project are proposed, there are no substantial changes in
circumstances under which the project will be undertaken, and no new
environmental impacts have been identified. The Project will not
significantly impact the physical environment because mitigation measures
relating to air quality, biological resources, and cultural resources 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 16.20.060 A.3. 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.3, if the party's right of surface entry has not been
expressly waived by recorded document prior to recordation of any final
map, a drill site reserved for mineral access has been provided and notice of
such as required in Section 1 6.20.060 A.3 has been made to each mineral
owner and lessee of record. Evidence that the drill site is encumbered as
such shall be by recorded document prior to recordation of the first final
map.
7. In accordance with BMC 16.28.170 H, Berkshire Road and Reliance Drive
functions as a major street as shown on the Project, therefore the
abutting double frontage lots are reasonable due to controlling factors
as traffic, safety, appearance, and setback, and are approved with
construction of a 6-foot high masonry wall separating the residential lot
and the major street.
8. The request for modification(s) 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 :
1. The recitals above are true and correct and incorporated herein by this
reference.
2. This map pertains to the Mitigated Negative Declaration previously approved in
conjunction with Vesting Tentative Tract Map 7263.
3. Second Revised Vesting Tentative Tract Map 7263, 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
February 6, 2025, on a motion by Commissioner Kaur and seconded by Commissioner
Brandt Oliver, by the following vote.
AYES:
NOES:
Bittle, Cater, Brandt Oliver, Kaur, Martin, Neal, Strickland
None
Exhibits {attached):
Exhibit A: Conditions of Approval
Exhibit B: Location Map
APPROVED
~~
DANIEL CATER, CHAIR
City of Bakersfield Planning Commission
Exhibit C: Second Revised Vesting Tentative Tract Map
By CC\S:\OS_Land Division\01 _Hearing & Noticing Documents\Droft\2RVTTM 7263_PC-Res
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EXHIBIT "A"
SECOND REVISED VESTING TENTATIVE TRACT MAP 7263
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. 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, or a revision to the approved
study.
3.2. A sewer study to include providing service to the entire subdivision, and
showing what surrounding areas may be served by the main line extensions.
3.3. If the tract is discharging storm water to a canal, a channel, or the Kern
River: In order to meet the requirements of the City of Bakersfield's NPDES
permit, and to prevent the introduction of sediments from construction or
from storm events to the waters of the US, all storm water systems that
ultimately convey drainage to the river or a canal shall have a mechanical
device in the storm drain system to remove or minimize the introduction of oil,
grease, trash, and sediments. This device shall be reviewed and approved
by the City Engineer and shall provide the greatest benefit to the storm drain
system with the least maintenance cost.
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 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.
4.3. 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.
4.4. In addition to other paving requirements, on and off-site road improvements
may be required from any collector or arterial street to provide left turn and
right turn channelization into each street (or access point) within the
subdivision (or development), where warranted and as directed by the City
Engineer. Said channelization shall be developed to provide necessary
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Exhibit "A"
2RVTTM 7263
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transitions and deceleration lanes to meet the current CalTrans standards for
the design speed of the roadway in question.
4.5. 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.
4.6. The storm drain system will need to adhere to current City of Bakersfield
standards. Per City of Bakersfield Standard 3.5.3, no cross gutter will be
allowed to be used within 300 feet of a storm drain system, unless specifically
allowed by the City Engineer.
5. The subdivider is responsible for implementing the following:
5.1. The phasing map as submitted may be unbalanced with respect to the
required improvements along the tract frontages. Therefore, to promote
orderly development, each phase shall be responsible for an equal dollar
amount of frontage improvement. Prior to recordation of each final map for
any phase that does not construct its share of the improvements, the
difference between the cost of the frontage improvements constructed and
the phase share shall be placed into an escrow account. The money
deposited in this account would be for the use of the developer of any future
phase responsible for more than its share of improvements. The final per lot
share will be based upon an approved engineer's estimate. In lieu of the use
of an escrow account, the developer may choose to construct with each
phase its proportionate share of the frontage improvements, with approval of
the City Engineer.
5.2. 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.
5.2.1 . The following shall occur with Phase 1 :
5.2.1.1. Construct Reliance Drive to full half width from the Northern
tract boundary to the Phase 1 /3 boundary, per approved street
plans (RVTTM No. 7263 -Phase 1 & 2) approved on 9 /29 /23, city
records no. 1.1-7263 PH 1 + 2.
5.2.1 .2. Construct the traffic signal modification at the intersection of
Panama Lane and Reliance Drive, if not already constructed.
5.2.2. The following shall occur with Phase 3:
5.2.2.1. Construct Reliance Dr to full half width from the Phase 1 /3
boundary to the Southern Tract boundary.
5.2.3. The following shall occur with Phase 4:
5.2.3.1. Construct Berkshire Road to full half width for the full extent
of the street lying within the tract's boundary.
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Exhibit "A"
2RVTTM 7263
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If the number of phases or the boundaries of the phases are changed, the
developer must submit to the City Engineer an exhibit showing the number
and configuration of the proposed phases. The City Engineer will review the
exhibit and determine the order and extent of improvements to be
constructed with each new phase. The improvement plans may require
revision to conform to the new conditions.
5.3. 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.
5.4. 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.
5.5. 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.
5.6. 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.
5.7. 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.
5.8. Drainage basins shall be reviewed and approved by both the Public Works
Department and the Water Resources Department.
5.9. Install blue markers in the street at the fire hydrants per the Fire Department
requirements.
6. The following must be reflected in the final map design:
6.1. A waiver of direct access shall be required for all lots abutting any arterials
and collectors.
7. Prior to the recordation of the first final map within this project site, subdivider shall
make written notification to the City Engineer of any public improvements required
to be financed or constructed outside the boundaries of the tentative map (i.e.,
"offsite improvements"), as defined in BMC§ l l 6. l 6.080(E), and the cost of such
offsite improvements. The notice shall include an engineer's estimate or other
documentation 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.
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Exhibit "A"
2RVTTM 7263
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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 recording each final map:
9 .1. All facilities within the boundaries of this subdivision identified by the
approved drainage study shall be constructed in accordance with the plans
approved by the City Engineer, and all easements required shall be
provided.
9.2. The subdivider shall submit an enforceable, recordable document approved
by the City Attorney to be recorded concurrently with the Final Map which
will prohibit occupancy of any lot until all improvements have been
completed by the subdivider and accepted by the City.
9.3. The subdivider shall submit an enforceable, recordable document approved
by the City Attorney to be recorded concurrently with the Final Map
containing information with respect to the addition of this subdivision to the
consolidated 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.
10. Prior to Notice of Completion:
10.1. The storm drain system, including the sump, shall be inspected and any debris
removed.
WATER RESOURCES
11. Prior to recordation of the final subdivision map the Subdivider shall:
11.1. Execute and record a Domestic Water Service Agreement with the Water
Department.
11.2. Pay all applicable fees to the Water Department.
11.3. Submit a Will Serve Letter from the Water Department to the Development
Services Department.
11.4. 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.
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Exhibit "A"
2RVTTM 7263
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11.5. Deed to City in fee, a water facility site for a water well and/or a storage tank
and/or other required water distribution infrastructure. Site size and location
shall be in accordance with the Water Department Standards and
Specifications and at the discretion of the Water Resources Manager.
Note to Subdivider: You should contact the Water Resources Dept. at least 4
months before the date you anticipate to record a final map.
11.6. The Developer shall submit an enforceable, recordable document approved
by the City Attorney to be recorded concurrently with the Final Map
containing information for the addition of this development to a Sump
Maintenance District. Said covenant shall be provided to each new property
owner through escrow proceedings.
11.7. If the Developer desires a public sump, a new Maintenance District for future
maintenance of storm drain sump facilities shall be created. Undeveloped
parcels within an existing Maintenance District will be required to update
Maintenance District documents. Updated documents, including Proposition
218 Ballot and Covenant, shall be signed and notarized for any public sump
(Note -If already within a maintenance district, the maintenance district form
may need to be updated).
FIRE SAFETY DIVISION
12. Pipeline Easements.
12.1 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.
12.2 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.
12.3 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.
12.4 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.
12.5 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.
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Exhibit "A"
2RVTTM 7263
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American Petroleum Institute Standards and Guidelines for property development
13. Fire Apparatus Access Roads and Hydrants
13.1 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.
13.2 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 equ1rmen s or ea -n ire ,ppara us tf D dEdF A t A ccess R d 00 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
Over 750 Special Approval Required
13.3 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
14. Prior to recordation of each final map, the subdivider shall pay an in-lieu fee based on
a park land dedication requirement of 2.5 acres per 1000 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. Refer to BMC Chapter 15.80 and the Planning Information
Sheet regarding calculation and payment of in-lieu fee. In accordance with you are
hereby notified that the 90-day period in which you may protest the imposition of this
fee has begun.
BMC Chapter 15.80 requires the Planning Commission to determine if a subdivider is to
dedicate park land, pay an in-lieu fee, reserve park land or a combination of these in
order to satisfy the City's park land ordinance subject to Government Code Section
66020(d}. Staff is recommending this condition in accordance with BMC Chapter
15.80.
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Exhibit "A"
2RVTTM 7263
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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. The subdivision shall be recorded in no more than 6 phases. Phases shall be identified
numerically and not alphabetically.
Orderly development.
18. 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.
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Exhibit "A"
2RVTTM 7263
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19. Mineral Rights: Prior to recordation of the first final map, the following shall apply:
a. Record a covenant encumbering the drill site as such;
b. Record a covenant of all lots of this subdivision within 500 feet of the drill
site disclosing the drill site location and possible activities. The subdivider
may request the Planning Director's approval to defer the recordation of
the covenant until the phase containing lots located within 500 feet of the
drill site is recorded.
c. Construct a six-foot high masonry wall with gate access around the drill
site as shown on the tentative tract. However, upon approval by the
Planning Director, wall construction may be defer until adjacent
residential lots are recorded. Wall height shall be measured to the highest
adjacent grade.
d. Have covenants reviewed approved by the City Attorney and Planning
Director prior to recording.
Required to verify compliance with BMC Section 16.20.060 A. and orderly
development.
20. 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.
21. Subdivider shall be required to comply with clear sight lines per BMC Section 17.08.175
on all corner lots. Prior to recordation of each final map, subdivider shall submit for
substantial conformance, a diagram demonstrating the corner lot(s) comply with said
section and have an adequate building envelop that meets required setbacks. (Note:
if unable to comply, the lot(s) shall be adjusted to comply with clear sight line and other
applicable ordinances and be approved by the Planning Director prior to recordation
of a final map.)
Required for public safety.
22. Modification requests are approved as follows:
22. l The modification request for double frontage lots and side yards along Reliance
Drive and Berkshire Road is approved subject to construction of masonry wall, and
landscaping in accordance with City collector street standards.
22.2 The request for reverse corner lots is approved.
22.3 The request for reduced lot frontage and width is approved.
Orderly development.
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Exhibit "A"
2RVTTM 7263
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Air Quality and Green House Gas Mitigation Measures
23. As the project shall be completed in compliance with SJV APCD Regulation VIII, dust
control measures would be taken to ensure compliance specifically during grading and
construction phases. The required Regulation VII measures are as follows:
• Water previously exposed surfaces (soil} whenever visible dust is capable of drifting
from the site or approaches 20 percent 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 percent
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
SJV APCD 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 percent
opacity} dust formation during periods of high winds (greater than 20 mph over a
one-hour period}.
Required PM 10 Reduction Mitigation Measure
24. In accordance with the GAMAQI guidance document, construction activities shall
comply with the following measures to reduce equipment exhaust:
• 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.
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Exhibit "A"
2RVTTM 7263
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• All construction vehicles shall be equipped with proper em1ss1ons 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).
25. The following measures are recommended to further reduce the potential for long-term
emissions from the project. These measures are required as a matter of regulatory
compliance to ensure that the proposed project emissions are not exceeded:
• 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 Rule 4601 -
Architectural Coatings, during the construction of all 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 SJV APCD Rule 4641 during the
construction and pavement of all roads and parking areas within the project area.
Specifically, the applicant s~all not allow the use of:
o Rapid cure cutback asphalt;
o Medium cure cutback asphalt;
o Slow cure cutback asphalt ( as specified in SJVAPCD Rule 4641, Section 5.1.3);
or Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4).
o The developer shall comply with applicable provisions of SJVAPCD Rule 9510
(Indirect Source Review).
26. The following mitigation measures are recommended to further reduce the potential for
Greenhouse Gas emissions from the project. These measures will be required to ensure
that the proposed project emissions are reduced to extent feasible and as required
under state regulation:
• The project shall comply with the requirements of state and/or federal legislation
and/or regulation to reduce or eliminate production of Greenhouse Gasses.
CC\S:\05_Land Division\01_Hearing & Noticing Documents\Draft\2RVTTM 7263_Exh Con
Exhibit "A"
2RVTTM 7263
Page 11 of 12
Mitigation measures as recommended by Air Quality Impact Analysis on file, dated
December 2014.
Biological Impact Mitigation Measures
27. Prior to ground disturbance, developer shall comply with the Metropolitan Bakersfield
Habitat Conservation Plan (MBHCP) , which will include a survey prepared by California
Department of Fish and Wildlife approved MBHCP biologist. The survey includes the
location for kit fox and comply with the provisions of the MBHCP. Survey protocol shall
be recommended by the California Department of Fish and Wildlife. Copies of the
survey shall be provided to the Development Services Department, California
Department of Fish and Wildlife, and the U.S. Fish and Wildlife Service prior to ground
disturbance. Developer shall be subject to additional mitigation measures
recommended by the qualified biologist.
Habitat Conservation fees shall be required for this project and will be calculated
based on the fee in effect at the time we issue an urban development permit (includes
grading plan approvals) as defined in the Implementation/Management Agreement
(Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan ("MBHCP").
Upon payment of the fee, the applicant will receive acknowledgment of compliance
with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management
Agreement Section 3.1 .4). This fee is currently $2, 145 per gross acres, payable to the
City of Bakersfield (submit to the Planning Division). This fee must be paid before any
grading or other site disturbance occurs.
Forms and instructions are available at the Planning Division or on the city's web site at
https://bakersfieldcity.us/gov / depts/ community development /ha bit at .htm
The current MBHCP expires on June 1, 2023. To ensure take of covered species does not
occur after the expiration date, fees must be paid no later than January 1, 2023 and all
covered activities must be completed by the MBHCP expiration date of June 1, 2023.
As determined by the City, only projects ready to be issued an urban development
permit, grading plan approval, or building permit will be eligible to pay fees under the
current MBHCP. 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. Urban development permits issued after the 2023 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 & Wildlife Service and the California
Department of Fish and Wildlife ("CDFW").
Mitigation measure.
28. Burrowing Owl Notification: The burrowing owl is a migratory bird species protected by
international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 ( 16 U.S .C. 703-
711 ). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any
CC\S:\05_Land Division\01_Hearing & Noticing Documents\Draft\2RVTTM 7263_Exh Con
Exhibit "A"
2RVTTM 7263
Page 12 of 12
migratory bird listed in 50 C.F.R. Part 1 0 including feathers or other parts, nests, eggs, or
products, except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503,
3503.5, and 3800 of the California Fish and Game Code prohibit the taking, possession,
or destruction of birds, their nests or eggs. To avoid violation of the provisions of these
laws generally requires that project related disturbance at active nesting territories be
reduced or eliminated during critical phases of the nesting cycle (March 1-August 15,
annually). Disturbance that causes nest abandonment and/or loss of reproductive
effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and
is potentially punishable by fines and/or imprisonment.
Mitigation measure.
Cultural Impact Mitigation Measures
29. Although no cultural resources were found on the site, there is the possibility that
unrecorded cultural resources or buried remains could be found during construction or
earth disturbing activities. Should the subsurface archaeological remains be unearthed
during construction activity, work in the area would stop immediately and a qualified
archaeologist shall be consulted for further evaluation. Any measures by the
archaeologist shall be complied with at that time.
30. If human remains are discovered during grading or construction activities, work would
cease pursuant to Section 7050.5 of the California Health and Safety Code. If human
remains are identified on the site at any time, work shall stop at the location of the find
and the Kern County Coroner shall be notified immediately (Section 7050.5 of the
California Health and Safety Code and Section 5097.98 of the California Public
Resources Code which details the appropriate actions necessary for addressing the
remains) and the local Native American community shall be notified immediately.
Mitigation measures as recommended by Cultural Resources Study on file, dated May
2005, Revised September 2007.
CC\S:\OS_Land Division\01_Hearing & Noticing Documents\Draft\2RVTTM 7263_Exh Con
Second Revised Vesting
Tentative Tract Map 7263
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R-1 One Fomilr Dwelling
6,000 sq.ft. min lot size
R-1-4.5 One Fomilr Dwelling
4,500 sq.ft. min lot size
E Estote
I 0,000 sq.ft. min lot siie
R-S Residential Suburban
74,000 sq.ft./dwelling unit
R-S-( ) Residential Suburban
1, 2.5, 5 or 10 min lot size
R-7 limited Multiple Fomilr Dwelling
4,500 sq.ft. min lot siie (single lamilr)
6,000 sq.ft. min lot size (multifamily)
7,500 sq.ft. lot oreo/dwelling unit
R-3 Multiple Fomilr Dwelling
6,000 sq.ft. min lot size
1,750 sq.ft. lot oreo/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 aue min lot size
A Agriculture
6,000 sq.ft. min lot size
A-20A Agriculture
20 aue min lot size
A-WR Agriculture-Water Recharge
Combining
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-0 Professional & 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 Spoce
HOSP Hospital Overlor
AD Architectural Design OverlaJ
FP-P Roodplain PrimarJ
FP-S Floodplain SecondarJ
AA Airport Approach
DI Drilling lslond
PE Petroleum Extraction Combining
SC Senior Citizen Overlay
HD Hillside Development Combining
WM West Ming Specific Plan
Exhibit B
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12/13/2024
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ExhibitC
2ND REVISED VESTING TENTATIVE TRACT No. 7263 BElffG A MERlJER AND RE-SUBDMSON DF PARCELS 1 & 2 DF PARCEL MAP WAl\m NO. 17-0158, RECORDED OCT08ER 9, 2017 AS DOCUMENT NO. 217135308 DF OFFICIAL RECORDS, ALSO BEING A PORlJ(lN DF 1HE NORl!IEAST QIJARlER DF SECTION 28, TOl\!olSlilP 30 SOOlH, RANGE 27 EAST, MOUNT OIASI.O BASE AND MERIDIAN. IN lHE QTY DF BAl<ERSFJEID, COUNTY DF KERN, STAlE DF CIIURlRHIA. CONTAINING 252 BUIDABI.E RESOENTIAL LOlS, 1 ORIU ISLAND, 1 SUMP LDT, B LANDSCAPE LOTS ANO 2 PRIVAlE STREET LOlS, 54,00 GROSS ACRES.
MAY 2024
SCALE: 1" -1 oo•
''K-'ii TRACT No. 5845
ZONING R-1 i i ZONING R-1 =:-G~~L PLA~~ , --=-::_:_
PHASE B M, BK. 43, PG. 118 I TRACT No, 5845
! PHASf'. D 1 M.8. 44, PG. 169 -=-·-'::~~~:c-=-----7:CC-........... _________ _
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[2J RGF LAND COMPANY, INC.
POR. DI' TIEN£ QTR. OF BEC. U. TAOI. R.l1E., M.D.UM.
2ND REVISED VESTING TENTATIVE
-=........J!IACT No. 7283
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MdNTOSH It: ASSOCIATES 10800 STOCKOALE HW'I', STE. 10:, BAK£RSflQ.D, CA. 93311 CONTACT: Bt.AINE NEPTUNE
(&61) 834-4814
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OF BEARINGS SHOWN HEREON. ALL DISTANCES AND DIMENSIONS SHO'l'M ARE IN FEET AND DECIMALS lH£REOF, GENERAL NOTES;
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-• ----eASEMENT VACATION NOTES;
PORTION Of THE CITY Of' BAKERSFIEU) STREET RIGHT-OF-WAY DEDICATION RECORDED AUGUST 23, 2006 AS 00C. Ng, 0206208460 O.R. OVTSIDE THE REQUlREO BY STANDARDS TO
SE VACATED IN ACCORDANCE WITH SECTION 68434(;) OF' lHE SUBDIVISION MAP ACT. ~ ___ SEE SHEET 2 FOR DETAILS.
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2
ExhibitC
2ND REVISED VESTING TENTATIVE TRACT No. 7263 BEING A MERGER ANO RE-SUBOl\1SIOII Of PARCEl.S 1 & 2 OF PARCEL MAP WAIVER NO. 17-0158, RECORO!D OC1llBER 9, 2017 Af3 DOaJIIENT NO. 217135Jll8 Of OFFIQAL RECOROS. ALSO BEING A PORTION Of M NORM:Af3T QUARlER Of SECTION 28, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MER~IAN. It-I THE OlY Of BAl<ERSFIEID,
RGf LAND COMPANY, INC •
PCR.CIFTIEKE. QTR.Cf 8EG.28,T.so&.R.27E,M.D.IWI.
2ND REVISED VESTING TENTATIVE ____ ]!!ACT No. 7283
i .,
CD
COUNlY Of KERN, STATE Of CALIFORNIA.
EB SECTION A 2 {COLLECTOR)
SCALE: 1"=10'
., I
;!
SECTION C
(LOCAL PRIVATE STREET) SCALE: 1••10'
PHASE N&TS ~~) life:" AR~) ~ &-'t ffl'l,9.RI.~
15 10.88 5.97 12.67
:i7 10.78 U9 10.78
80 13.90 5.76 15.58
60 10.79 5.56 12.37 ,...
TOTAL: 212 40,35 5.6S 54.00 II 2 1
i
MCINTOSH &AssocwEs