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HomeMy WebLinkAboutRES NO 055-03RESOLUTION NO. 0 5 5 ' 0 3 RESOLUTION MODIFYING THE DECISION OF THE PLANNING COMMISSION APPROVING VESTING TENTATIVE TRACT MAP 6137 AND THE NEGATIVE DECLARATION, AND DENYING THE APPEAL BY THE SIERRA CLUB. WHEREAS, in accordance with the procedure set forth in the provisions of Title 16 of the Municipal Code of the City of Bakersfield, the Sierra Club, filed an appeal of the Planning Commission's decision relative to Vesting Tentative Tract Map 6137 and adoption of the Negative Declaration made dudng the Commission's regular meeting of February 6, 2003; and WHEREAS, the Sierra Club, the appellant, filed a written appeal stating objection to approval of Vesting Tentative Tract Map 6137; and WHEREAS, the City Council, through the City Clerk, set the time and place of the hearing as WEDNESDAY, MARCH 26, 2003, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said City Council on said appeal, and notice of the public hearing was given in the manner provided in Title Sixteen of the Bakersfield Municipal Code; and WHEREAS, the Council of the City of Bakersfield, conducted and held a public hearing on WEDNESDAY, MARCH 26, 2003, to consider the appeal; and WHEREAS, testimony was heard during the public hearing; and WHEREAS, Vesting Tentative Tract Map 6137 consists of 316 lots for purposes of single family development, and 29 non-buildable lots, zoned R-1 (One Family Dwelling) and R-1HD (One Family Dwelling- Hillside Development) on 343.13 acres including a request for alternate lot and street design, as shown on attached Exhibit "B;" and WHEREAS, the application for Vesting Tentative Tract Map 6137 was deemed complete on November 26, 2002; 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, for the above described project, an initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared at least 30 days prior to the public hearing before the Planning Commission, in accordance with CEQA; and WHEREAS, in accordance with CEQA, the initial study and negative declaration were submitted to the State Clearinghouse for a minimum 30-day review (SCH# 2002121018) beginning December 2, 2002 and ending January 2, 2003; and WHEREAS, the facts presented in the staff report and evidence at the above referenced public hearings support the findings contained in this resolution; and WHEREAS, the applicant submitted additional information in the form of an Air Quality Impact Study for Vesting Tentative Tract Map 6137 prepared by WZI, Inc. dated March 2003; and WHEREAS, said air quality study recommended mitigation measures which would reduce air quality impacts to less than significant; and WHEREAS, the applicant has agreed to all mitigation measures, including mitigation measures related to air quality; and WHEREAS, said mitigation measures have been incorporated into the project as conditions of approval listed in attached Exhibit "A"; and WHEREAS, the Council has considered and hereby makes the following findings: All required public notices have been aiven. Hearing notices regarding the proposed project were mailed to property owners within 300 feet of the project area and published in a local newspaper of general circulation at least 10 days prior to the hearing. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposed activity is a project and an initial study was prepared and a Negative Declaration was prepared and duly noticed. A Neqative Declaration for the proposed project is the appropriate environmental document to accompany project approval. In accordance with CEQA, staff prepared an initial study for the proposed project and indicated that because mitigation measures relating to cultural and paleontological resources, geological (Alquist-Priolo zone) resources and air quality have been incorporated into the project, the project will not significantly impact the physical environment. 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. The proposed subdivision, toqether with the provisions for its desiqn and improvement, is consistent with the General Plan. (Subdivision Map Act 66473.5) The proposed density and intensity of development are consistent with the High Medium 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. 2 The project must be granted a "de minimis: exemption with respect to the payment of Fish and Game Section 711 fees. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. The requests for modifications as conditioned do not appear to interfere with the public health, welfare and safety. Solitaire Drive (collector street) and Masterson Dr (arterial street) function as a major street and double frontage lots are allowed as conditioned (BMC 16.28.170 H). The project site is partially located within the Northeast Bakersfield Open Space Area and wholly within the Specific Trails Plan. 10. The requirement for park land and trails implement the policies of the Open Space Element relative to the Northeast Bakersfield Open Space Area and the Specific Trails Plan. 11. Find that the vacation of County Road No. 711-A is consistent with the general plan pursuant to Government Code Section 65402. 12. Find that the acquisition and reservation of park land and trails staging area is consistent with the general plan and specific trails plan, pursuant to Government Code Section 65402. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings incorporated herein, are true and correct. 2. The Negative Declaration is hereby approved. 3 The decision of the Planning Commission to approve Vesting Tentative Tract Map 6137 is modified by inclusion of additional conditions of approval and mitigation measures. 4. The appeal is denied. Vesting Tentative Tract Map 6137 is hereby approved, subject to the conditions of approval shown in attached Exhibit "A.' I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on MAR 2 (~ 2003 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, N,~,SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~ COUNC[LMEMBER_~[~;~.J~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield }d~R ~ 8 2003 APPROVED Mayor of the City of Bakersfield APPROVED as to form BART J. THILT~EN City Attorney/~/ Exhibits: A. Conditions of Approval B. Location and Tract Map jeng S:\TRACTS\6137~cc\res.doc March 18, 2003 EXHIBIT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP 6137 PUBLIC WORKS In letters dated September 27, 2002, and October 28, 2002, the applicant requested deviations from the following ordinance, standard, and policy requirements: 1.1. BMC 16.28.070 - Request - permit private streets Recommendation - APPROVE the request 1.2. BMC 16.28.160 A - Request - modification to allow block lengths to exceed the 1,000' maximum. Recommendation - APPROVE the request for Serpentine Street and for Platinum Drive west of Morgantine Drive. 1.3. BMC 16.28/.170 F - Request- modification to allow non-radial and non-perpendicular lot lines. Recommendation - APPROVE the request. 1,4, BMC 16.28.170 H - Request - modification to allow double frontage lots less than 200' feet deep between a private street and public arterial and collector streets. Recommendation - APPROVE the request. Double frontage lots are allowed on arterial and 90' wide collector streets. Access rights shall be waived to the public streets, and masonry walls shall be constructed along the public streets. 1.5. BMC 16.32.060.3 - Request - modification to allow deletion of sidewalks along one side of the private streets. Recommendation - APPROVE the request so long as a 4' wide clear sidewalk area (not including the curb width) is maintained on at least one side of each street. 1.6. Subdivision Design Manual - Request - modification to design standards to allow storm drain lines to cross over residential lots. Recommendation - APPROVE the request provided the residential lots are within the private portions of the subdivision and maintenance of those lines is by the Homeowner's Association. 1.7. Subdivision Desiqn Manual - Request - modification to allow 32' wide private streets, flow line to flow line. Recommendation - APPROVE the request so long as other standards and ordinances are not compromised, such as sight lines, knuckle and cul de sac designs, etc. 1.8. Subdivision Desiqn Manual - Request - modification to allow Type C rolled curb and gutter on the private streets. Recommendation - APPROVE the request so long as required drainage capacity of the curbs isn't exceeded. The 90' wide collector shown as Solitaire Drive shall connect to Paladino Drive at the midsection to align with Grand Canyon Drive in Section 16 south of this subdivision (PWD). Solitaire Drive shall be renamed to Grand Canyon Drive (Planning). The following streets shall be designed so the block lengths do not exceed the 1000' maximum as stated in the ordinance: 3.1. Pendulum Drive between Moonstone Drive and Clarity Court. Exhibit "A" VTM 6137 Page 2 Construct Masterson Street northerly to connect with South Lake Ming Road. Minimum improvements north of the tentative map boundary shall be 36' wide paving with graded shoulders. Construction of this segment will be required with Phase 8 as shown on the Tentative Tract Map dated 9/27/02, or prior to recording any phase when the cumulative total of recorded lots will exceed 300. If the subdivider is unable to obtain the required right of way, then prior to filing the above referenced final map, 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. 5. A waiver of direct access rights shall be required from all abutting lots, except the private streets, to Masterson Street, Solitaire Drive, and Paladino Drive. Prior to filing the first final map, 6.1. provide dedication for Masterson Street, Solitaire Drive, and Paladino Drive as shown on the map. Include width for standard expanded intersections. 6,2. submit for the City's Review and approval C.C. & R.'s and Home 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/detention basin(s), associated storm drain lines and appurtenant facilities, and all drainage ways within the subdivision. The documents shall cover the entire subdivision except for that portion southerly and westerly of Solitaire Drive. This is to ensure mutual and equitable provisions are made for the use and maintenance of common, shared facilities. The documents shall be recorded concurrently with the final map. 7. Minimum centerline radii of the private streets shall be 500 feet unless evidence is presented to the traffic engineer in each instance that a lesser radius will not create or exacerbate traffic concerns. Because the general note on the map states that the numbering of the phases shown does not necessarily imply the order of development, then prior to submittal of any improvement plans, the subdivider shall submit a phased order of development, at which time the City Engineer will determine the improvements the subdivider shall make with each specific phase. However, at a minimum, the following shall apply: 6.1. With the first phase as shown on the Tentative Tract Map dated 9/27/02, Paladino Drive shall be constructed from Solitaire Drive to Alfred Harrell Highway. Minimum improvements east of the tentative map boundary shall be 36' wide paving with graded shoulders. If the subdivider is unable to obtain the required right of way, then prior to filing the above referenced final map, 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. 8.2, With Phase 4 as shown on the Tentative Tract Map dated 9/27/02, the emergency secondary access shall be constructed from the phase boundary through Phase 6 to Serpentine Drive and thence to Masterson. Minimum improvements shall be 20' wide paving with graded shoulders, and shall include permanent paving on Masterson. 9. The subdivider shall install street lights on the interior, private streets. Prior to recordation of the first final map, submit a street lighting plan for the interior private streets. Jeng I S:tTRACTSI6137~cclCC approved ExhA. DOC Ap/il 7, 2003 Exhibit "A" VTM 6137 Page 3 10. Prior to submittal of any improvement plans, a drainage plan for the subdivision shall be submitted for review and approval by the City Engineer. Retention/detention basins proposed to be maintained by the City shall designed and located in accordance with the Subdivision and Engineering Design Manual requirements. If water from public streets will be taken into privately maintained portions of the subdivision, then a flowage easement shall be granted to the City, with the easement proclaiming City shall not be responsible for maintenance of the private facilities. 11. Prior to submittal of any improvement plans, a sewer plan for the subdivision shall be submitted for review and approval by the City Engineer. 12. The phasing map as submitted is to be balanced with respect to the required improvements along the tract frontages (all of Masterson Street within the subdivision and including its connection to South Lake Ming Road, Paladino Drive, and Solitaire Drive). Therefore, in order to promote orderly development, each phase shall be responsible for an equal dollar amount of frontage improvement. Prior to recordation of a 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 13. Prior to recordation of each Final Map, the subdivider shall 13.1. either pay off the assessments for Assessment District 93-1, or he shall request apportionment of the assessments from the old parcels to the new and pay all appropriate apportionment fees. 13.2. 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. 13.3. provide easements for required facilities not within the border of the phase being recorded. 13.4. ensure that each cable television company provides notice to the City Engineer of its intention to occupy the utility trench. 14. On and off site road improvements are required from any collector or arterial street to provide left turn channelization into each street (or access point) within the subdivision (or development). 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. 15. Final map check fees shall be submitted with the first map check submission for each phased final map 16. The subdivider shall pay his proportionate share of the cost for the future construction of the landscaped median in Masterson Street. Payment shall be for the full width of the land being subdivided. The total cost may be apportioned between the phases and paid prior to recordation of each phase. 17. All lots with water well facilities that front arterial or collector streets will have wall and landsc, a~ag Jeng ~ S:~TRACTSI6137~cclCC approved ExhA.DOC : April 7, 2003 Exhibit "A" VTM 6137 Page 4 arterial or collector street standards, and those that front local streets will have a slatted chain link fence 25' back of sidewalk with landscaping as approved by the Public Works and Parks Director. 18. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 22, 1997. 19. Concurrently with recordation of each Final Map, the following covenant shall be recorded by the property owner: a covenant 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. 20. The on-site sewer system shall be inspected with video equipment designed for this purpose and as approved by the City Engineer. 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. 21. Following completion of all improvements by the subdivider and prior to acceptance of the public improvements by the City, and in addition to providing other completeness items, 21.1. the subdivider's engineer shall 21.1.1. provide certification to the City Engineer that, except as otherwise provided, the private improvements have been constructed to City standards, ordinances, and policies, all in accordance with approved plans. 21.1.2. submit to the City Engineer copies of the sewer video cassette, forms, and his inspection log. 21.2. written verification shall be obtained from the Fire Department that all gates, locks, and keys have been installed or provided to their satisfaction. 22. 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. PLANNING 23. 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 66474.2. Jeng t S:ITRACTSt6137~cctCC approved ExhA.DOC Apd/ 7, 2003 i ~, ~ , _ Exhibit "A" VTM 6137 Page 5 24. The subdivision shall be developed in no more than 11 phases. Phases shall be identified numerically and not alphabetically. 25. Prior to recordation of a final map, subdivider shall submit a "will serve" 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. 26. Prior to recordation of Phase 8 and 11, subdivider shall provide a street connection between these two phases. Said connection may be at the same or adjacent to the location of the secondary emergency access located between Lots 6 and 7, Phase 8. 27 Trails 27.1. Prior to recordation of any final map, subdivider shall provide a 10-foot wide easement that extends the unpaved multi-purpose trail from the east boundary to Paladino Drive. The easement shall extend from the trail located at the east boundary of the subdivision as shown on the Specific Trails Plan. Said easement shall be approved by the Planning Director and City Engineer. 27.2 Upon further subdivision or development of Phase 10, subdivider shall be required to incorporate the 10-foot wide easement required by Condition No. 29.1, which may include grading or other minimal trail preparation as determined by the Planning Director. 27.3 The applicant shall provide a trail easement for 20-foot in width for non-motorized public access in the northern two-thirds of the project site. The trail easement shall provide a connection to the trail on the east side of development identified on the Specific Trails Plan with Masterson Street. Final trail alignment shall be determined in consultation with the Planning Department prior to recordation of any final map. The trails easement shall be placed on existing disturbed trails where possible and be designed so as to not disrupt the design of the subdivision. 28. Parks. Prior to recordation of any final map, the subdivider shall enter into an agreement with the City of Bakersfield for the purposes of implementing the following park land dedication and 28.1 Park No. 1. (Trails Staging area located in southeast part of subdivision) 28.1.1 Subdivider shall reserve one acre of useable land at the point where the trail being extended from Alfred Harrell Highway intersects Paladino Drive. This area will be a staging area to access the trail. Actual staging area location shall be determined prior to recordation of any final map. Site configuration of the staging area shall be a result of discussions between subdivider, Recreation and Parks Dept., and Planning Department. 28.1.2 Location and configuration of staging area may be subject to change upon further development of Phase 10, Lot 1, subject to approval of the City. 28.1.3 Prior to recordation of any final map, subdivider shall enter into an agreement with the City regarding land reservation. Agreement shall include the acquisition price for the reservation. Jeng I S:ITRACTS~6137~cciCC approved ExhA.DOC April 7, 2O03 Exhibit "A" VTM 6137 Page 6 29. Park No. 2. (Neighborhood Park located near the southeast corner of Masterson St. and Solitaire Drive.) In addition to Park No. 1, subdivider shall dedicate land based on a park land dedication requirement of 2 acres per 1,000 population in accordance with Specific Trails Plan and Chapter 15.80 of the Bakersfield Municipal Code. Based on 316 lots shown on the tentative map, subdivider shall dedicate 1.9 acres of usable park land. 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 any final map, subdivider shall enter into an agreement with the City regarding park land dedication and reservation. 29.1.1 Dedicate 1.9 acres of park land within Lot D, Phase 9 in a location approved by the Recreation and Parks Dept., and Planning Depadment. Dedication of the 1.9 acres of park land shall be required with recordation of the first final map. 29.1.2 Reserve 8.1 acres of park land within Lot D, Phase 9 (adjacent 1.9 acres dedicated for parks). Agreement shall include the acquisition price for the reservation. 29.1.3 Additional dedication of land within Lot D, Phase 9 may be required upon further subdivision of the large lots created by VTM 6137 to meet the 10 acre size park at this location. 29.1.4 Actual 10 acre park location shall be determined prior to recordation of any final map. Site and configuration of park shall be a result of discussions between subdivider, Recreation and Parks Dept., and Planning Department. Dedicated and reserved acres is net acreage and does not include the proposed detention basin. 29.1.5 Location and configuration of park may be subject to change upon further development of Lot D, Phase 9 to assist subdivider in subdivision design or in response to a geologic report related to Alquist-Priolo Seismic Zones. 30 Prior to recordation, the subdivider shall provide written confirmation from the Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR) to the Planning Director stating that all oil wells are accurately depicted on the proposed final map (map to be attached to letter) and have been leak tested and abandoned to the satisfaction of DOGGR. MITIGATION MEASURES: 31. 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. (Parr, September and October 2002.) (Mitigation) 32. Any application for further subdivision or change in status of lettered lots (Phase 8, Lot D; and Phase 9, Lots A and D,) shall be accompanied by a geologic report pursuant to the Alquist-Priolo Special Studies Zones Act of 1972. The applicant shall pay all costs associated with preparation, evaluation, and staff processing of said report. (Mitigation) Jeng t S:tTRACTSI6137~cctCC approved ExhA.DOC April 7, 2003 Exhibit "A" VTM 6137 Page 7 33. Prior to recordation of a final map, subdivider shall submit a preliminary soils report to the Building Director with the grading plan. Subdivider shall obtain grading plan and soils report approval from the Building Director prior to recordation of a final map. (Mitigation) 34. Prior to grading and/or earth-disturbing activities at elevations between 600 and 700 feet, subdivider shall: 34.1 Submit a map delineating the areas within 600 and 700 feet elevations of the subdivision to be disturbed. 34.2 Retain a qualified paleontologist to attend a pre-grading meeting, and set forth the procedures to be followed during the monitoring program. (Mitigation) 34.3 A full-time paleontological monitor that is trained and equipped to allow rapid removal of fossils with minimal construction delay shall be on the project site during ground disturbance activities within 600 to 700 feet elevation. (Mitigation) 35. If fossils are found within an area being cleared or graded, earth disturbance activities shall be diverted elsewhere until the monitor has completed salvage of the fossils. If construction personnel make the discovery, the grading contractor shall immediately divert construction and obtain a qualified professional to monitor the site for fossil salvage. (Mitigation) 36. The project paleontologist shall prepare, identify and curate all recovered fossils. Upon completion of grading, the project paleontologist shall prepare a summary report documenting mitigation measures and results, with itemized inventory of collected specimens. Paleontologist shall submit the report to the City of Bakersfield and other appropriate agency, and transfer fossil collection to an appropriate depository. (Mitigation) 37. To protect natural open space from erosion, no drainage or watering, including landscape irrigation and poot drainage, shall be allowed on open space areas of the subdivision except as approved by the Building Director as follows. The Building Director may approve watering in the open space if necessary for grading, slope stabilization or enforcement of fuel modification requirements. CC&Rs for the subdivision shall clearly inform all property owners of this restriction. (Mitigation) 38. The proposed project will have air pollutant emissions associated with the construction and occupied use of the project site. The following mitigation measures are required to mitigate the emissions associated with the construction and occupancy of the project. (Air Quality Impact Study, WZl, Inc.,) (Mitigation) 38.1 Mitigation Measures for Construction Equipment Exhaust The following mitigation measures should be utilized during the construction phase of the project to reduce construction exhaust emissions. These mitigation measures are stated in the GAMAQI guidance document as approved mitigation for construction equipment: · Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. · Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. Jeng I S:tTRACTSI6137~cctCC approved ExhA.DOC Ap/il 7, 2003 Exhibit "A" VTM 6137' Page 8 · Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. · Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. · Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. 38.2 Mitigation Measures for Fugitive Dust Emissions Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM~0 Prohibitions of the San Joaquin Valley Air Pollution Control District. The following mitigation measures, in addition to those required under Regulation VIII, can reduce fugitive dust emissions associated with these projects: · All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. · All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. · All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. · When materials are transported offsite, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. · All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden) · Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. · Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. · Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. · Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. · Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). · Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site. Jeng ~ S:iTRACTS~6137~cc~CC approved ExhA.DOC April 7, 2003 Exhibit "A" VTM 6137 Page 9 38.3 · Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. Mitigation Measures for Mobile Source Emissions Transportation control measures and design features can be incorporated into the project to reduce emissions from mobile sources. The below-listed control measure provides a strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling and traffic congestion for the purpose of reducing motor vehicle emissions. These features were incorporated into the emission estimates for the project and are therefore required in order to achieve the emission level presented above: · Incorporate sidewalks throughout the project, with adequate safety signage and appropriate lighting. Connect sidewalks to any open space or recreational areas and to nearby transit loading areas and/or shelters. · Provide pedestrian and bicycle facilities, including street trees to shade the walkways and/or Bikeways, and adequate bicycle parking. · Select deciduous trees and locate them on southern and/or western exposures to shade structures in summer and allow sun in winter. · Install electrical outlets and/or natural gas lines in backyard or patio areas to encourage electric landscaping equipment use and natural gas barbecues. CONDITIONS ADDED BY THE CITY COUNCIL ON MARCH 26, 2003: 39. Blunt-Nose Leopard Lizard M tiqation: a. Surveys for blunt-nosed leopard lizards shall be conducted following CDFG protocols. Survey results shall be provided to the Planning Director. (Mitigation) b. If blunt-nosed leopard lizards are detected, the applicant shall submit methods for compliance with Fish and Game Section 5050 to CDFG for review and approval. (Mitigation) 40. Subdivider shall include the following requirements in the C.C. & R.s: a. Fencing along the rear lot lines and along the side lot lines within 15ofeet of the rear lot lines of the east, north and west perimeter lots shall be wrought iron or simulated wrought iron between 5 and 6 feet high in compliance with the standards for fencing around swimming pools. b. No structure more than 5-feet high shall be allowed within 15-feet of the rear lot lines of the east, north, and west perimeter lots. 41. 42. Landscape and Fence Plan: a. The fence along Masterson shall match the wrought iron pattern of the open perimeter fencing along the ease, north and west sides of the subdivision. b. Landscaping along Masterson Street shall incorporate the use of oak trees, boulders and rocks, shrubs and wildflowers compatible with the hillside setting. Subdivider shall provide an observation point trail head connected to the trail system located on a high point in the northwest corner of the property. Jeng I S:~TRACTSI6137~cclCC approved ExhA.DOC April 7, 2003 VESTING TENTATIVE TRACT 6137 A N 10 EXHIBIT "B" TENTATIVE TRACT 6137 ~ PHASES WITH LOTS DESIGNATED REMAINDER ................... VACAHT LAND LAND VESTING TENTATIVE TRACT NO. 6137 AND PRELIMINARY GRADING PLAN INDEX OF SHEETS OWNER - SUSDI'vIDER EXHIBIT "B" LINE - EEE EHEET 4 VESTING TENTATIVE TRACT NO. '6137 AND PRELIMINARY GRADING PLAN ~EPEMBER 2002 VESTING TENTATIVE TRACT NO. 6137 AND PRELIMINARY GRADING PLAN ~[PT[MB£R 2OO2 MATCH LINE - SEE SHEET MATCH LINE- SEE SHEET 6 VESTING TENTATIVE TRACT NO. 6137 AND PRELIMINARY GRADING PLAN MATCH ~IN~- SEE SHEET 2 VESTING TENTATIVE TRACT NO. 6137 AND PRELIMINARY GRADING PLAN SEPIEMBER 2002 MATCH LINE - SEE 8HEET T w ' ~ATOH LINE - SEE SHEET VESTING TENTATIVE TRACT NO. 6137 AND PRELIMINARY GRADING PLAN MATCH LINE - SEE SHEET EXHIBIT "B" VESTING TENTATIVE TRACT NO. 6137 AND PRELIMINARY GRADING PLAN ~P~aBER 2002 MATGH LINE- SEE SHEET EXHIBIT "B" VE~TING TEN I-ATIVE TRACT NO. 6137 AND PRELIMINARY GRADING PLAN SEPTEUEER 2002 LO~IG 8LOCK LENGTH~; EXHIBIT