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HomeMy WebLinkAboutRES NO 109-03 Z09-03 RESOLUTION NO.__ RESOLUTION UPHOLDING THE DECISION OF THE PLANNING COMMISSION APPROVING THE NEGATIVE DECLARATION AND VESTING TENTATIVE TRACT MAP 6182, 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 6182 and adoption of the Negative Declaration made during the Commission's regular meeting of May 15, 2003; and WHEREAS, on May 15, 2003, the Planning Commission adopted Resolution No. 60-03 approving a Negative Declaration with mitigation measures and approving Vesting Tentative Tract Map 6182 with conditions of approval; and WHEREAS, the Sierra Club, the appellant, filed a written appeal stating objection to approval of Vesting Tentative Tract Map 6182; and WHEREAS, the City Council, through the City Clerk, set the time and place of the hearing as WEDNESDAY, JUNE 25, 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, JUNE 25, 2003, to consider the appeal; and WHEREAS, testimony was heard during the public hearing; and WHEREAS, Vesting Tentative Tract Map 6182 is generally located on the northwest corner of State Route 178 and Miramonte Drive (extended); and WHEREAS, proposed Vesting Tentative Tract Map 6182 consists of total of 361 lots for purposes of single family development and 1 ddll site on 104.86 acres, zoned R-1 (One Family Dwelling) including a request for alternate lot and street design, as shown on attached Exhibit "B;" and WHEREAS, said subdivision included a request for modification to allow block lengths in to exceed the 1,000 foot maximum length, reduction of lot depth on knuckles and curves, double frontage lots, reverse corner lots, reduction of lot frontage of ddll site; and WHEREAS, the application for Vesting Tentative Tract Map 6182 was deemed complete on Apdl 1,2003; 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 #2003041012) beginning April 2, 2003 and ending on May 1,2003; 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 air quality, biota, cultural resources, paleontology, and soils 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 all 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. 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 aDDroval. In accordance with CEQA, staff prepared an initial study for the proposed project and indicated that because mitigation measures relating to cultural resources, air quality, biota, cultural resources, paleontology, and soils 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 prooosed subdivision, toclether 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 ofthe project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 2 r~ The proiect 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. Mineral right owners' sk~natures may be waived on the final map pursuant to BMC 16.20.060 B.3. The applicant has provided evidence with the project application that it is appropriate to waive mineral right owner's signatures because in accordance with BMC Section 16.20.060 B.3., the subdivider intends to reserve (a) drill island (s) for mineral access and has provided notice of such, as required in Section 16.20.060 B.3. to each mineral owner and lessee of record. 8. The request for modifications, as conditioned, appear to be consistent with orderly development and based on professional engineering practices for the topography of the project site. 9. The requirement to provide utility easements as conditioned 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. The Negative Declaration is hereby approved. The decision of the Planning Commission to approve Vesting Tentative Tract Map 6182 is upheld. The appeal is denied. Vesting Tentative Tract Map 6182 is hereby approved, subject to the mitigation measures and conditions of approval shown in attached Exhibit "A." ......... o0o ........ 3 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passeql and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 2 5 2003 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLtVAN, SALVAGGIO COUNClLMEMBER COUNClLMEMBER COUNClLMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN ~ 5 ZOO3 HARVEY L. HALL // Mayor of the City of Bakersfi'eld APPROVED as to form BART J. THILTGE~ City Attorney Exhibits: A. Conditions of Approval B. Location and Tract Map Jeng \\ S:\TRACTS\6182\cc~res.doc June 26, 2003 4 EXHIBIT "a" VESTING TENTATIVE TRACT 6182 CONDITIONS OF APPROVAL PUBLIC WORKS 1. In a letter dated September 13, 2002, the applicant requested deviations from the following ordinance and policy requirements: 1.1. MC 16.28.160 - Request - modification to allow block lengths to exceed the 1,000' maximum block length. Response - APPROVE the request. 1.2. Request to allow Reverse Corner Lots. Response - APPROVE the request. 1.3. MC16.28.170 Request for lot depths less than 100 feet. Response - APPROVE the request 2. Prior to the recordation of the first final map, submit fully executed dedication to arterial width for State Route 178. Include any additional dedication necessary for expanded intersections, slopes, etc. State Route 178 shall be fully improved to City arterial standards and Caltrans requirements. 3. Provide a waiver of direct access rights from all abutting lots to State Route 178 and to Miramonte Drive. 4. 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. 5. At the intersection of State Route 178 and Park Palisade, turning movements shall be limited to right in, right out, and possibly left in. The subdivider shall construct median islands in SR 178 to ensure only permitted turns can be made. Widen State Route 178 as necessary including deceleration lanes per Caltrans standards. 6. 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. 7. 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. 8. 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. 9. 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. S : I TRA C TSt6182~c~ExhA.DOC June 26, 2003 Exhibit "A" V'I'M 6182 Page 2 10. Prior to recordation of each Final Map, the subdivider shall 10.1. 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. 10.2. 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. 10.3. provide easements for required facilities not within the border of the phase being recorded. 10.4. ensure that each cable television company provides notice to the City Engineer of its intention to occupy the utility trench 10.5. pay its proportionate share of the future traffic signal at the intersection of Miramonte Drive and State Route 178. 10.6. pay the proportionate share for 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. 11. Final map check fees shall be submitted with the first check submission for each phased final map. 12. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 22, 1997. 13. 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. 14. 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. 15. 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. 16. With Phase 1, Construct left turn median island to Park Palisade on SR 178, as an alternative, the developer may construct a left turn restrictor at the intersection of the local street with SR 178. The restrictor design must be approved by the City Engineer widen State Route178 to the west to construct a left turn taper. Construct deceleration lane on westbound State Route 178 at Park Palisade. Left turns in, right turns out, right turns in are approved, left turns out are not approved. Construction shall be in accordance with state requirements, and construction within state right of way shall be done under a permit from Caltrans. S:i TRAC TSt6182~,[ExhA. DOC June 26, 2003 Exhibit "A" VTM 6182 Page 3 17. State Route 178 shall be constructed for the entire frontage of the tract as a standard arterial with a bike route designation, from centerline to curb, a minimum of 48'. Improvements to State Route 178 shall be constructed in no more than three segments. The timing of each segment shall be determined by the City Engineer. 18 With Phase 5, install the left turn median island at Miramonte Drive. Construct deceleration lane on westbound State Route 178 at Miramonte Drive. If Miramonte Drive to the north is constructed with an earlier phase, install left turn median island in the local street and deceleration lanes at that time. 19 The phasing map as submitted may be unbalanced (or 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. 20 The maximum size for required grading plans shall be 24" x 36". 21 a master sewer study for extension of municipal service to each lot in the subdivision shall be submitted for review and approval by the City Engineer 22 Because of the proliferation of non-approved, above-ground utility cabinets within public rights of way, the subdivider shall provide a proposed utility plan to be submitted with the improvement plans for review and approval. The approved utility plan is to also include the location of service points for the street lights. 23 All lots with water well facilities that front arterial streets will have wall and landscaping to arterial 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 Directors. 24 Prior to final acceptance of the sewer system, all lines 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 City's construction inspector, who will also initial and date the "Chain of Custody" form. The subdivider shall immediately notify City of any pipe locations revealed to be not in compliance with the specifications. A recorded video cassette, completed "Chain of Custody" form, and a written Icg (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 City Engineer prior to acceptance. After acceptance of the system, the video cassette, forms, and logs shall become the property of the City. 25 A 20' water line easement is across Lots 3 and 4, Phase 7. Redesign the lots so that the entire easement is on only one lot. S:I TFIAC TSI6182icclExhA.DOC June 26, 2003 Exhibit"A" VTM 6182 Page 4 PLANNING 26. This subdivision shall comply with ail 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. 27. The subdivision shall be developed in no more than 9 phases. Phases shall be identified numerically and not alphabetically. 28. 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. 29. If any wells are discovered during ground disturbance, subdivider shall contact Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR), provide written confirmation from the 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, prior to recordation of a final map. 30. Drill Site: 30.1 Prior to submitting any improvement plans, subdivider shall satisfy one of the following as to the disposition of the drill site: 30.1.1 relocate the minimum 2-acre drill site to a location interior to the subdivision so that the drill site meets ordinance standards by providing adequate configuration and size for potential oil drilling operations. Subdivider shall obtain approval of the plan by the Planning Department and Public Works Director prior to submitting any improvement plans. 30.1.1.2 Subdivider shall be allowed to subdivide the 2.5-acre drill site shown on the tentative map with no more than the number of lots deleted by the relocation of the drill site. Subdivider shall obtain permission from the subdivider/developer of Tract 6000 to have sewer and storm drain stubs/service connection from Tract 6000 to the west end of Kavala Court. Subdivider shall be responsible for cost of the improvements within Tract 6000 to provide these services. If the subdivider is unable to obtain the required connection, 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 connection. Prior to submitting any improvement plans, subdivider shall submit a plotting layout (to scale with dimensions) for purposes of substantial conformance on final maps showing lots on the drill site location shown on the tentative map, and any revisions on lots around the new drill site. The drill site shall be a numbered lot. S:iTRACTSi6182~clExhA.DOC June 26, 2003 OR~iNAi Exhibit "A" VTM 6182 Page 5 30.2 if subdivider does not relocate the drill site from the west end of Kavala Court, the subdivider shall obtain agreement from the subdivider/developer of Tract 6000 stating that the subdivider/developer of Tract 6000 shall record a covenant on lots of Tract 6000 within 500 feet of the drill site disclosing the location of the drill site. Said agreement shall be submitted to the Planning Director for approval prior to submittal of any improvement plans. 31. Prior to recording a final map on Phase 9 depicting double frontage lots (Lots #126 and 127), the subdivider shall construct a 6-foot high masonry wall along the rear lot lines of the double frontage lots. Wall shall be measured from highest adjacent grade. 32. Prior to recording a final map on the phase(s) depicting residential lots abutting State Route 178, the subdivider shall construct a 7-foot high masonry wall, as measured from highest adjacent grade, along State Route 178. 33. Prior to submitting any improvement plans, subdivider shall consult and obtain approval from PG&E, the City Engineer and Planning Director to relocate the 25-foot wide easement shown in Phase 7, 8 and 9 (generally along the northeast boundary of subdivision) so that the easement minimizes crossing residential lots and provides adequate access to the facilities for PG&E. 34. Prior to recordation of a final map, the subdivider shall pay an in-lieu fee based on a park land dedication requirement of 2.0 acres per 1000 population in accordance with Chapter 15.80 of the Bakersfield Municipal Code and the 1996 Specific Trails Plan. 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 Government Code Section 66020(d), you are hereby notified that the 90-day period in which you may protest the imposition of this fee has begun. ~easures: Air Quality: 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. S:tTRACTSi6182tcctExhA.DOC June 26, 2003 Exhibit "A" VTM 6182 Page 6 · 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. 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. · 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. 36. S:I TRAC TSI6182tcctExhA.DOC June 26, 2003 Exhibit "A" VTM 6182 Page 7 37. 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. · Improve streets and traffic signals for intersections and street segments, which may impact the surrounding local roadway system due to traffic, generated by the proposed developments. Specific mitigation measures for improving the level of service on congested roadways are presented in the Limited Traffic Study prepared by Pinnacle Engineering. 38. Prior to recordation of Phase 4, the subdivider shall and implement one or a combination of the following measures and/or programs to result in a reduction of ROG emissions of at least 1.16 tons per year. 38.1. Prior to recordation of Phase 4, 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 38 above. The improvements for said project must be accepted by the Public Works Department prior to recordation of Phase 4. The project selected shall be a project that is not otherwise funded or constructed with Tract 6182. The subdivider is responsible for all costs to determine the emission reductions associated with proposed Public Works projects. This documentation shall be submitted to the Planning Director prior to recordation of Phase 4. The projects used for the reduction in emissions can include one or more of the following types of projects: 38.2. 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. 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 Condition No. 38. 1. Car crushing of older model cars. 2. Modification to stationary diesel engines, such as those under agricultural use. 3. Modification of fleet vehicles and/or other mobile sources. S:ITRACTSI6182[CC~xhA.DOC June 26, 2003 Exhibit "A" VTM 6182 Page 8 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 4. 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: 39. Burrowing Owls - Although this bird is not listed by either the state or federal agencies as threatened or endangered and is not protected by the Endangered Species Act (ESA), it is protected by the Migratory Bird Act. The developer is responsible for complying with the Migratory Bird Act, such as by implementing the following: 39.1. Prior to Grading Permit issuance, the Project applicant shall comply with the following Burrowing Owl (raptor) nest mitigation: If site grading is proposed during the raptor nesting season (February through September), a focuses survey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities in order to identify active nests in areas potentially impacted by project implementation; If construction is proposed to take place during the raptor nesting/breeding season (February through September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified biologist). Any nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October-January); Preconstruction surveys shall include a survey for Burrowing Owl. If active Burrowing Owl burrows are detected outside of breeding season (September 1 through January 31 ), passive and/or active relocation efforts may be undertake, if approved by CDFG and USFWS. If active Burrowing Owl burrows are detected during breeding season (February 1 through August 31), no disturbance to these burrows shall occur without obtaining appropriate permitting through the Migratory Bird Treaty Act. If construction is initiated during the nesting season and active eggs or nests are identified in the preconstruction survey, the applicant shall consult with the USFWS and California Department of Fish and Game to conduct issuance of a Migratory Bird Permit and burrow closure prior to the nesting season. 39.2. The presence of any previously unidentified protected species which are not addressed in the MBHCP, including those protected under the Federal Migratory Bird Treaty Act, shall be avoided and evaluated by a qualified biologist prior to construction. The USFWS and CDFG should be notified of previously unreported protected species. Any unanticipated take of protected wildlife shall be reported immediately to the CDFG and USFWS. S:t TRACTSt6182~:clExhA, DOC June 26, 2003 Exhibit "A" VTM 6182 Page 9 40. Blunt-nose leopard lizards. 40.1 Surveys for blunt-nose leopard lizards shall be conducted following California Department of Fish and Game (CDFG) protocols. Survey results shall be provided to the City of Bakersfield Planning Department. 40.2. If blunt-nose leopard lizards are detected, the developer shall submit methods for compliance with Fish and Game Code Section 5050 to CDFG for review and approval. 41. Cultural Res~ources. 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. 42. Paleontology. Prior to grading and/or earth-disturbing activities at elevations between 600 and 700 feet, subdivider shall: 42.1 Submit a map delineating the areas within 600 and 700 feet elevations of the subdivision to be disturbed. 42.2 Retain a qualified paleontologist to attend a pre-grading meeting, and set forth the procedures to be followed during the monitoring program. 42.3. 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. 43. 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 call the monitor to the site for fossil salvage. 44. 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. No later than 30 days after completion of the grading, the Paleontologist shall submit the report to the City of Bakersfield and other appropriate agency, and transfer fossil collection to an appropriate depository. 45. Soils. Prior to recordation of a final map, a preliminary soils report shall be submitted to the Building Director with the grading plan. Limited Traffic Stu_lg~.d (Pinnacle Engineering March 2003). The following is a list of improvements the subdivision will contribute for construction through participation (payment of fee) in the Regional Transportation impact Fee as required by ordinance. In the following, each of the intersections and street segments included within the scope of this study are discussed with regard to existing and future level of service, the need for improvements, and the Project's obligation towards funding S:I TRAC TSI6182~:~ct, ExhA.DOC June 26, 2003 Exhibit "A" VTM 6182 Page 10 improvements. Improvements are based on the analysis of traffic at the estimated time of city-wide build-out; in this case, the Year 2030. This is commonly referred to as "opening day mitigation." 46. Intersection of S.R. 178 and Alfred Harrell Drive: A traff~c signal at this intersection is warranted under the "Year 2030 Plus (City-wide) Project"scenario, and the "cumulative projects" scenario. Prior-year scenarios do not satisfy the warrant. A signal would not be warranted if (1) travel lane was added to either S.R. 178 or Alfred Harrell Highway. The calculations show the southbound left turn movement degrades to a level of service less than "C" under the "cumulative projects" scenario. Improvement: As warranted under future conditions, it is recommended that a traffic signal be installed at this intersection. It should be noted that this signal is proposed to be funded by the Transportation Impact Fee, and the City has indicated that the realignment of Comanche Road to meet Alfred Harrell, as well as installation of a traffic signal at this intersection, is currently under contract. 47. Intersection of S.R. 178 and S.R. 184 Improvement: Table 7 indicates a signal is warranted during the year 2030 (city-wide) with the addition of Project-generated traffic. The calculations indicate that this intersection will operate at a LOS's at or above "C" with installation of a traffic signal (under all scenarios). Signal installation at this intersection is included on the proposed list to be funded by the Transportation Impact Fee Program. 48. State Route 178: Table 6 Herein shows LOS's below "C" for a number of segments of S.R. 178 in future year scenarios, even without the addition of Project traffic. S.R. 178 within the Project limits is a two-lane roadway. Table 6 also shows S.R. 178, if expanded to (2) lanes of travel in each direction, will operate at LOS "B" and "A," respectively under all future conditions. Improvement: One additional lane for both eastbound and westbound S.R. 178 when warranted. These additional lanes are also funded by the Transportation Impact Fee List and will likely be constructed as tracts fronting the roadway are improved. Condition ff-49 added by Planning Commission and agreed to by the subdivider (May 15, 2003). 49. With the recordation of the phase containing the 100th lot, the subdivider shall install a signal at the intersection of Highway 178 and Miramonte. Condition #50 added by City Council and agreed to by applicant (June 25, 2003). 50. Subdivider shall construct full-width travel lanes on the north side of Highway 178 between Miramonte Drive and Alfred Harrell Highway. A reimbursement agreement is to be entered into for the amount in excess of the subdivider's proportionate share of the cost. S:t TRAC TSi6182~.tExhA.DOC June 26, 2003 Z IJJ I-- // tl i Ilililli