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HomeMy WebLinkAboutRES NO 076-03RESOLUTION NO. 0 T 6 ' 0 3 RESOLUTION MODIFYING THE DECISION OF THE PLANNING COMMISSION APPROVING THE NEGATIVE DECLARATION AND VESTING TENTATIVE TRACT MAP 6149, 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 6149 and adoption of the Negative Declaration made during the Commission's regular meeting of April 3, 2003; and WHEREAS, the Sierra Club, the appellant, filed a written appeal stating objection to approval of Vesting Tentative Tract Map 6149; and WHEREAS, the City Council, through the City Clerk, set the time and place of the hearing as WEDNESDAY, MAY 14, 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, MAY 14, 2003, to consider the appeal; and WHEREAS, testimony was heard during the public hearing; and WHEREAS, proposed Vesting Tentative Tract Map 6149 consists of total of 174.68 acres containing 558 lots on 169.43 acres for purposes of single family development, and 2 lots containing 5.25 acres for public park purposes, zoned R-I (One Family Dwelling) including a request for alternate lot and street design, as shown on attached Exhibit "B;' and WHEREAS, the application for Vesting Tentative Tract Map 6149 was deemed complete on December 16, 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# 2002121095) 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, recommended mitigation measures reduce impacts to cultural resources, soils, leach field abandonment, oil well abandonment, noise (wall construction phasing), air quality, biota to less than significant levels; and WHEREAS, said mitigation measures have been incorporated into the project as conditions of approval listed in attached Exhibit "A"; and WHEREAS, the applicant has agreed to ail conditions of approval, including mitigation measures; and WHEREAS, the Council has considered and hereby makes the following findings: All required public notices have been given. Headng 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 Proceduras 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 resources, soils, leach field abandonment, oil well abandonment, noise (wall construction phasing), air quality and biota 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, together with the provisions for its design and improvement, is consistent with the General Plan. (Subdivision Map Act 66473.5) The proposed density and intensity of development are consistent with the 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. 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, are based on professional engineering practices appear not be detrimental to the public health, welfare and safety. Pursuant to State Subdivision Map Act Section 66473.7, the subdivider shall provide proof of availability of a sufficient water supply for the project prior to recordation of any phase for purposes of public health, welfare and safety. Find that the acquisition and development of the park, as conditioned, is consistent with the General Plan pursuant to Government Code Section 65402. 10. In accordance with BMC Section 16.28.170 L, the required wall adjacent park and residential lots is necessary for ordedy development. 11. In accordance with BMC Section 16.28.170 K, the required easement between the residential lots and adjacent property zoned commercial is necessary for orderly development. 12. Demolition of existing structures located within Lots 14 -15, Phase 10 (northwest portion of subdivision) is necessary for orderly development. 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. The decision of the Planning Commission to approve Vesting Tentative Tract Map 6149 is upheld. 4. The appeal is denied. Vesting Tentative Tract Map 6149 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 MAY 1 4. 2003 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNClLMEMBER ~ COUNCILMEMBER ~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED I~A¥ 1_4. Z003 APPROVED as to form BART J. THILTGE~I C ty Attorney Exhibits: A. Conditions of Approval B. Location and Tract Map Jeng \\ S:\TRACTS\6149\cc\res.doc April 28, 2003 4 EXHIBIT "a" VESTING TENTATIVE TRACT MAP 6149 CONDITIONS OF APPROVAL PUBLIC WORKS In a letter dated November 22, 2002, the applicant requested deviations from the following ordinance, standard, or policy requirements: 1.1. SDM 3.4.1.1 - Request - use of less than standard minimum centerline curve radii. Recommendation - APPROVE the request for Teak Court, Walnut Court, Pineglen Court, and Filbert Court. Remaining streets shall 500' minimum centerline radii. 1.2. SDM Standard ST-10 - Request to use 52' Rights of way for a portion of Hackberry Street, Walnut Grove, and Anthill Court. Recommendation - APPROVE the 52' right of way for Hackberry Street and Anthill Court; Walnut Grove shall have 60' right of way for its entire length. 1.3, SDM Standard ST-14 - Request to use custom street lighting instead of standard. Recommendation - APPROVE the request for the interior lights. Subdivider shall submit specifications to the City Engineer for approval prior to submitting street improvement plans. Standard steel poles with steel mast arms shall be installed on arterial and 90' collector streets, including those on State Route 178. Subdivider shall provide complete replacement systems (including pole, ballast, luminaire) as required by the City Engineer. 2. Dedicate and construct right turn lanes on State Route 178 at Park Palisade and at Miramonte Drive. Construct left turn lane on State Route 178 at Park Palisade. Construction shall be in accordance with state requirements, and construction within state right of way shall be done under permit from Caltrans. 3. State Route 178 shall be fully improved to City arterial standards and Caltrans requirements. 4. A waiver of direct access rights from all abutting lots to State Route 178 and to Miramonte Drive shall be required. If required clear sight easements extend beyond building setback areas, it shall be clearly and very conspicuously shown to ensure buildings do not encroach into the clear sight area. Prior to recordation of or concurrently with any final map, subdivider shall record a "clear sight easement" for any affected lot(s). Easement must be shown on the map itself, and may be recorded by separate document, as required by the City Engineer. Subdivider shall obtain approval of the easement by the Planning Director and City Engineer. 6. In compliance with the Caltrans letter dated February 7, 2003 the following is required: 6.1, The intersection of State Route 178 and Park Palisade will be allowed full access at this time. The Pinnacle engineering traffic study indicates that by 2030 a signal will be warranted. Per Caltrans, request signalization will not be permitted while SR 178 remains a State route. Left turns out may be restricted at some future date as Caltrans dictates due to increased traffic volumes. Exhibit "A" VTM 6149 page 2 6.2. Pay the proportionate share of a future City signal at the intersection of State Route 178 and Park Palisade. Prior to recordation a per lot fee schedule shall be submitted for this signal and shall be approved by the City Engineer. 7. Prior to recordation, all facilities within the boundaries of this subdivision identified by the approved Rio Bravo master drainage study shall be constructed in accordance with the plans approved by the City Engineer, and all easements required shall be provided. 8. The developer is required to construct an improvement which is on the facilities list for the Metropolitan Bakersfield Transportation Impact Fee. The developer shall receive credit against his traffic impact fees for this project. This credit is not available until the improvement has been constructed by the developer and accepted for maintenance by the City. Any building permit issued prior to this acceptance shall pay the full impact fee. 9. The phasing map as submitted is to be balanced with respect to the required improvements along the tract frontages. Therefore, in order to promote orderly development, each phase shall be responsible for an equal dollar amount of frontage improvement. Prior to recordation of 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. 10. Consideration should be given to the phase lines. A local street within the subdivision should not be split by a phase line. It is not a border street and will need to be dedicated and constructed full width. 11. Prior to submittal of improvement plans, submit a map for construction phasing to the City Engineer for his review and approval, at which time the extent of improvements for each phase will be determined. 12. Prior to 12.1. recordation of each Final Map, the subdivider shall 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. 12.2. 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. 12.3. provide easements for required facilities not within the border of the phase being recorded. 12.4. ensure that each cable television company provides notice to the City Engineer of its intention to occupy the utility trench. Jeng [ S:ITRACTS~6149tcclExhA,DOC Ap[il 28, 2003 Exhibit "A" VTM 6149 page 3 13. On and off site road improvements are required from any collector or arterial street to provide left turn channelization into each street within the subdivision. 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. 14. 15. Final map check fees shall be submitted with the first check submission for each phased final map. Pay the proportionate share of the cost for the future construction of the landscaped median island in State Route 178. 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. 16. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 22, 1997. PLANNING 17. 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. 18. 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. Mit/~iation measure as recommended by "Archeological Investigation." (Gold/Schiffman, November 2002). 19. The subdivision shall be developed in no more than 11 phases. Phases shall be identified numerically and not alphabetically. SMA 66456.1 and BMC Section 16.20.160: Allows the Planning Commission to determine the number of phases to be recorded for each map. The condition reflects the number of phases the subdivider has proposed. Due to the conversion to a new permit tracking system, phases must be identified numerically. 20. Twenty reverse corner lots, as shown on the tentative subdivision map are approved. 21. Prior to recordation of Phase 4, subdivider shall redesign Lot 37, Phase 4 to Subdivision Ordinance standards. Lot 37, Phase 4 does not appear to meet the required 100 foot. Applicant did not request Modification to allow reduced lot depth. Jeng I~ S:ITRACTSi6149~ctF-xhA.DOC Ap#128, 2003 Exhibit "A" VTM 6149 page 4 22. Pursuant to State Subdivision Map Act Section 66473.7, prior to recordation of any phase, the subdivider shall provide proof of availability of a sufficient water supply for the project. Prior to recordation of each 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 project. 23. Required to for orderly development and provide for the public health, welfare and safety by ensuring water service to the subdivision pursuant to Subdivision Map Act Section 66473. 7 and because the water purveyor has included an expiration date in the initial "will serve" letter. Prior to recordation of any phase previously used as the Olcese Water District leach field, subdivider shall submit a preliminary soils report and grading plans and obtain approval and a permit from the Building Department. The soils report and grading plan shall include recommendations for expansive soil conditions, proper abandonment of the existing sewage disposal system (leach field). 24. Mitigation measure. 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. 25. 26. Mitigation measure. Prior to filing of a final map, the subdivider shall construct a six-foot high masonry wall between the park and residential lots. Wall height shall be measured to the highest adjacent grade. BMC Section 16.28.170 L allows Planning Commission to require wall based on a finding that it is necessary for orderly development. Prior to filing of a final map for each phase adjacent to State Route (Highway) 178 (as shown on the tentative map), subdivider shall construct a minimum seven-foot high masonry wall along State Route (Highway) 178. Wall height shall be measured from highest adjacent grade. Where the wall terminates at the end of a phase, it shall be returned along the side property line of the last lot in the phase abutting Highway 178 a distance of 60 feet to protect the rear yard from noise intrusion. Wall may be secured (bonded) with other improvements. 27. Mitigation measure to attenuate noise from Highway 178. Prior to filing a final map on phases that contain double frontage lots other than those along Highway 178, subdivider shall construct a six-foot high wall as required by Ordinance. There shall be no wall on the street frontages of the park. Wall height shall be measured from highest adjacent grade. Wall may be secured (bonded) with other improvements. Necessary for orderly development. ~ng [ S:[TRACTSt6149~cc~xhA.DOC April 28, 2003 Exhibit "A" VTM 6149 page 5 28. A temporary easement shall be depicted on the final map and recorded along the rear property of those residential lots located adjacent to the future commercial site located on the west boundary to provide future access for removal of any existing fence and its replacement by the commercial developer with a block wall at such time as the commercial development takes place. The easement shall be five (5) feet in width. Upon construction of the wall, said temporary easement for wall construction purposes shall be permanently abandoned and cease to be in effect. BMC Section 16.28.170 K allows Planning Commission to require wall based on a finding that the easement is necessary for orderly development. 29. Prior to recordation of any map for Phases 10 or 11, subdivider shall demolish existing structures located within Lots 14 -15, Phase 10 (northwest portion of subdivision). Needed for orderly development. 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 measure. Recreation and Parks Dept· 31. Prior to recordation of any final map, the subdivider shall amend Agreement #01-189 to reflect the following related to park requirements. The amended agreement shall be subject to approval of the Recreation and Parks Department and City Attorney's office prior to presentation to the City Council for final approval. 31.1. Dedicate the full (usable) acreage requirement of park land for the subdivision at the rate of 2 acres per 1000 population, if the number of dwelling units increases or decreases upon recordation of a final map(s), the park land requirement will change accordingly. Based on the proposed 558 buiidable lots shown on the tentative map, the park land dedication would be 3.4 acres. 31.2 Location of the park shall be at the southwest corner of Miramonte Drive and Park Place Drive, as depicted on the tentative map. Park shall be located on a corner of two streets. 31.3 Subdivider shall be responsible for development of said park to City standards. Development of the park shall be completed prior to recordation of the fourth phase or recordation of the 225'h residential lot, whichever occurs first. Typical improvements include, but are not limited to, landscaping, irrigation, security lighting, playground or tot lot area and equipment, game slab, drinking fountain, picnic tables, benches and barbecues, street improvements adjacent the park site, and sewer stub connection. Actual improvements and plans shall be specified in an Improvement Agreement or other instrument as approved by the City Attorney. As part of the amendment to Agreement 01-189, the City may require security or other monetary assurance from the subdivider to cover the development of the park. Subdivider shall submit improvement plans and obtain approval from the Recreation and Parks Department and City Engine?. Jeng It S:ITRACTSt6~49V;c[ExhA.DOC . : April28, 2003 ~ , ~ Exhibit"A" VTM 6149 page 6 31.4 Prior to recordation of any final map, subdivider shall submit and obtain approval of a map depicting the location and configuration of the 3.4 +/- acre park and alternate lot layout and street design of adjacent residential lots. The alternate lot layout may include up to 8 additional residential lots to be approved by the Planning Director in consultation with the City 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. The project site is also within the adopted Specific Trails Plan which has subdividers provide for both trails and parks. The park land requirement for tracts within the Specific Trails Plan is 2 acres per 1000 population. Prior to expiration of Tentative Tract 5656, the property owner entered into Agreement No. 01- 189 with the City. This agreement obligates the developer to dedicate, reserve and develop a neighborhood park and a linear park within this project site. Staff is recommending this modified interpretation of the park condition that is consistent with BMC Chapter 15.80, and the Specific Trails Plan policies. An additional 8 residential lots may be allowed to compensate for the difference between the 5.25 acre park shown on the map and the 3.4 acre park as recommended by staff. Conditions Added April 3, 2003 by Planninq Commission: 32. With the recordation of the phase containing the 100th lot, the subdivider shall install a signal at the intersection of Highway 178 and Miramonte. This condition added by Planning Commission and agreed to by the subdivider for pubfic safety. 33. The Public Works Department has prepared the following as a preliminary phasing plan with respect to the tract frontage improvements. The final phasing may be revised based upon actual costs of improvements, construction of phases out of the order shown, etc.: 33.1 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, then Phase 3, etc. 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 done with that particular phase. a. The following shall occur with Phase 1: i. Construction of the SR 178 frontage from Miramonte Drive to the west boundary line of Phase 2 as shown on the tentative map, including the intersection expansion. SR 178 construction shall include at a minimum half width pavement (36 feet of paving with an allowance for a future median), cur, gutter and sidewalk, and payment of median fees. ii. Construction of Miramonte Drive from the existing terminus of improvements to the south boundary line of Phase 1. b. The following shall occur with Phase 3: i. Construction of the SR 178 frontage from the west boundary line of Phase 2 to the west curb return of Park Palisade. Jeng t $:~TRACTSt6149~CC /~xhA. DOC Ap~128, 2003 Exhibit "A" VTM 6149 page 7 c. The following shall occur with Phase 5: i. Construction of Miramonte Drive from the south boundary line of Phase 1 to the south boundary line of the tentative tract. d. The following shall occur with Phase 8: i. Construction of the SR 178 frontage from the west curb return of Park Palisade to the west boundary of the tentative tract. This condition added by Planning Commission and agreed to by the subdivider for public safety. 34. Applicant agrees to restricted left turn access onto State Route 178 at the intersection of Park Palisades and State Route 178, subject to design approved by the Public Works Director. Additional Conditions {Air Quality Mitiqation from Air Quality Impact Analysis (WZl, Inc., March 2003)): 35. 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. · 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. 36. Mitigation Measures for Fugitive Dust Emissions Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM,o 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. Jeng Il S:ITRACTSI61491cctExhA.DOC April 28, 2003 Exhibit "A" VTM 6149 page 8 37. · 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. · 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. S.'~TRACTS~6149~cIF-xhA.DOC Ap~i~ 28, 2OO3 Exhibit "A" VTM 6149 page 9 38. Air Quality. Prior to recordation of Phase 5, the subdivider shall select and implement one or a combination of the following measures and/or programs to result in a reduction of ROG emissions of at least 7.32 tons per year and a reduction of NOx emission of at least 3.19 tons per year. 38.a. Prior to recordation of Phase 5, the subdivider shall fully construct a project or projects approved by the City Public Works Department that will result in the reduction of emissions as described in Condition Number 38 above. The improvements for said project must be accepted by the Public Works Department prior to recordation of Phase 5. The project selected shall be a project that is not otherwise funded or constructed with Tract 6149. The subdivider is responsible for all costs to determine the emission reductions associated with projects. This documentation shall be submitted to the Planning Director and the Public Works Director prior to approval of a project. The projects used for the reduction in emissions can include one or more of the following types of projects: 1. Construction of a new, warranted signal. 2. Modification of an existing signalized intersection to add additional left turn storage or dedicated right turn capability. 38.b. Mitigation programs such as, but not limited to the following may also be considered by the subdivider to achieve the same reduction in emissions as described above in Number 38 above. 1. Car crushing of older model cars. 2. Modification to stationary diesel engines, such as for agricultural use. 3. Modification of fleet vehicles and/or other mobile sources. If one or more of these programs is selected by the subdivider, proof of compliance with these measures must be provided to the satisfaction of the Planning Director prior to recordation of Phase 5. Proof of compliance may include documentation of the number, type and year of cars crushed; location and type of engines modified, photo documentation and quantification of emission reduction by Air Pollution Control District or Air Quality consultant. Biota Mitiqation: 39.a. Surveys for blunt-nosed leopard lizards shall be conducted following CDFG protocols. Survey results shall be provided to the Planning Director. 39.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. ~ng tt S:[TRACTS~6149~cc~ExhA.DOC April 28, 2003 Z W W ,LLNnO0 PHASE 5 -7- 6 -I- 2' 7,500 ,..q.F. AREA 127 LO~ ........... I'"'; t tJiiiiiiiiii .~u~ I, !1 i,.: Jl h''lll'l![ll 'Ii I! Il l!!lhll !III .- !!