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
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