HomeMy WebLinkAboutRES NO 201-03RESOLUTION NO.2 0 I - 0 3
RESOLUTION UPHOLDING AND MODIFYING
THE DECISION OF THE PLANNING
COMMISSION, APPROVING THE MITIGATED
NEGATIVE DECLARATION AND VESTING
TENTATIVE TRACT MAP 6148, AND DENYING
THE APPEALS BY THE SIERRA CLUB AND
THE SAGE COMMUNITY GROUP INC.
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 6148 and adoption of the Mitigated
Negative Declaration made during the Commission's regular meeting of June 5, 2003; and
WHEREAS, the Sierra Club, the first appellant, filed a written appeal stating objection
to approval of Vesting Tentative Tract Map 6148, relative to the mitigated negative declaration based
on air quality and traffic issues; and
WHEREAS, in accordance with the procedure set forth in the previsions of Title 16 of
the Municipal Code of the City of Bakersfield, Sage Community Group, Inc., filed an appeal of the
Planning Commission's decision relative to Vesting Tentative Tract Map 6148 made during the
Commission's regular meeting of June 5, 2003; and
WHEREAS, Sage Community Group, Inc., the second appellant, filed a written appeal
stating objection to approval of Vesting Tentative Tract Map 6148, relative to the conditions related to
the State Route 178 Specific Line; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as Wednesday, September 10, 2003, in the Council Chambers of City Hall, 1501 Truxtun
Avenue, Bakersfield, California, as the time and place for a public headng 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, at the request of Sage Community Group, Inc., the Council of the City of
Bakersfield, continued the public hearing set to consider the appeal from Wednesday, September 10,
2003 to October 8, 2003, and again continued the public hearing to November 5, 2003; and
WHEREAS, testimony was heard during the public hearing; and
WHEREAS, proposed Vesting Tentative Tract Map 6148 is generally located on the east
side of Alfred Harrell Highway, between the Kern River Golf Course and Old Walker Pass Road (future),
as shown on location map attached as Exhibit "B;" and
WHEREAS, proposed Vesting Tentative Tract Map 6148 consists of a proposed
(phased) subdivision consisting of 361 lots for the purpose of single family residential development and
one park lot and three open space lots on 219 acres zoned R-1 (One Family Dwelling); R-1HD (One
ORIGINAL
Family Dwelling Hillside Development); R-1 FP-S (One Family Dwelling Floodplain Secondary); R-1 FP-S
HD (One Family Dwelling Floodplain Secondary Hillside Development); FP-P (Floodplain-Primary); FP-P
HD (Floodplain-Primary Hillside Development; a request for alternate street and lot design, and a request
to waive mineral rights signatures pursuant to BMC 16.20.060 B.3 by reserving a drill site, as shown on
attached Exhibit "C," consisting of four sheets; and
WHEREAS, the application for Vesting Tentative Tract Map 6148 was deemed
complete on March 11, 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
Mitigated Negative Declaration was prepared at least 20 days pdor to the public headng before the
Planning Commission, in accordance with CEQ^; and
WHEREAS, in accordance with CEQA, the initial study and mitigated negative
declaration were submitted to the State Clearinghouse (SCH #2003031049) for a minimum 30-day
review on March 12, 2003 and ended on April 10, 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, soils,
cultural and paleontological resources, and biological resources 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 mitigation measures and Condition No. 52;
and
WHEREAS, the Council has considered and hereby makes the following findings:
All reauired oublic 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. For Vesting Tentative Tract Map 6148, the City prepared an Initial Study,
in conformance with CEQA, the CEQA Guidelines, and the City's CEQA Implementation
Procedures, which were duly followed by City staff and the Planning Commission, and
determined that a Mitigated Negative Declaration was the appropriate CEQA document
for Tract 6148 because there is no substantial evidence, in light of the whole record
before the City, that Tract 6148 will have a significant effect on the environment with the
incorporation of project-specific mitigation. CEQA Guidelines §§ 15152(0, 15070.
ORIGfNAL
For Tract 6148, the City determines that a subsequent or supplemental EIR is not
required because (1) Tract 6148 will not require important revisions to the
General Plan Update EIR in that no new significant environmental impacts (not
previously considered as part of the Metropolitan Bakersfield General Plan
Update EIR) have been identified, (2) no substantial changes with respect to the
circumstances under which Tract 6148 is undertaken have occurred, and (3) no
new information or issues of substantial importance (which were not previously
addressed in the Metropolitan Bakersfield General Plan Update EIR) have been
identified in the Initial Study. CEQA Guidelines § 15162.
The City determines that there are no peculiar impacts associated with Tract 6148
which have not been substantially mitigated through project-specific mitigation,
that have not already been addressed in the Metropolitan Bakersfield General
Plan Update EIR. Pub. Res. Code § 21083.3(c); CEQA Guidelines § 15183(c).
The Initial Study and Mitigated Negative Declaration adequately and
comprehensively addressed cumulative impacts and concluded with project-
specific mitigation these impacts will be less than significant.
The cumulative impacts associated with Tract 6148, specifically cumulative air
quality impacts, will not be significant because: (1) cumulative impacts have been
adequately addressed in the Metropolitan Bakersfield General Plan Update EIR
(CEQA Guidelines § 15152(f)(1)); (2) Tract 6148's incremental impacts are not
significant on a project-specific basis (CEQA Guidelines § 15152(f)(2)); (3)
impacts have been mitigated to less than significant (CEQA Guidelines §
15064(i)(2)) and Tract 6148 complies with the San Joaquin Valley Air Pollution
Control District's Air Quality Attainment Plan (CEQA Guidelines § 15064(i)(3)); (4)
impacts have been mitigated to less than significant and the GP EIR adequately
addressed air quality cumulative impacts (CEQA Guidelines § 15130(d)).
Tract 6148 is within the scope of the development levels evaluated in the
Metropolitan Bakersfield General Plan Update EIR. The Initial Study has further
evaluated potential project specific impacts to the environment. Based upon this
evidence and the Mitigated Negative Declaration, Tract 6148 will not have any
significant environmental impacts that were not studied in the Metropolitan
Bakersfield General Plan Update EIR. The Initial Study and the Mitigated
Negative Declaration applies all applicable mitigation measures specified in the
Metropolitan Bakersfield General Plan Update EIR to Tract 6148 and imposes
additional mitigation measures (i.e., air quality, soils, cultural and paleontological
resources, and biological resources) to supplement and strengthen the
Metropolitan Bakersfield General Plan Update EIR measures. Therefore, since
the mitigation measures are incorporated as conditions of approval of the project,
the Mitigated Negative Declaration, as well as the Metropolitan Bakersfield
General Plan Update EIR, is adequate for the approval relating to Tract 6148 and
that there is no substantial evidence that the project, as mitigated, may have a
significant effect on the environment.
Said mitigation measures (i.e., air quality, soils, cultural and paleontological
resources, and biological resources) have been incorporated as conditions of
approval listed in attached Exhibit "A."
ORIGINAL
In accordance with CEQA and the CEQA Guidelines, the Initial Study and
Mitigated Negative Declaration were prepared at least 20 days pdor to the
Planning Commission public hearing on June 5, 2003, and were submitted to the
State Clearing house (SCH #2003031049) for a minimum of 30 day public
comment and review period commencing on March 12, 2003, and ending on April
10, 2003.
10.
All required public notices have been given. Hearing notices regarding Tract
6148 were mailed to property owners within 300 feet of the project area and
published in a local newspaper of general cimulation at least 10 days prior to the
hearing.
11.
All comments received on the Initial Study and Mitigated Negative Declaration
have been properly responded to, as required by CEQA, the CEQA Guidelines,
and the City's CEQA Implementation Procedures, and are part of the record for
Tract 6148.
12.
The Council has considered all verbal and written comments relating to the Initial
Study and Mitigated Negative Declaration and find no significant new information
has arisen within the meaning of the Pub. Res. Code § 21092.1 and CEQA
Guidelines § 15088.5 that would necessitate recirculation of the Initial Study and
Mitigated Negative Declaration for further public review.
13.
The Council has considered the Staff Report, the Initial Study and Mitigated
Negative Declaration, supporting documents, public testimony and all appropriate
information that has been submitted with Tract 6148, has studied the compatibility
of the applicant's request with adjacent land uses and consistency with the
Metropolitan Bakersfield General Plan, and other applicable City plans.
14.
Tract 6148 is consistent with the existing Metropolitan Bakersfield General Plan
and other applicable City plans because the proposed development as
conditioned is consistent with the residential and related land use designations
and with the planned density allowed for the project area.
15.
16.
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 pamels to be created.
The orooosed subdivision, together with the orovisions for its design and improvement, is
consistent with the General Plan. {Subdivision MaD Act 66473.5) The proposed density and
intensity of development are consistent with the Low Density Residential, Open Space and
Open Space- Slope land use classifications 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.
17.
The project must be granted a "de minimis: exemption with respect to the oavment 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 ef;~Aq,t j.s
ORIGINAL
18.
19.
20.
21.
22.
23.
rebutted by the above-referenced absence of evidence in the record and the Lead Agency's
decision to prepare a Mitigated Negative Declaration for this project.
Mineral dqht owners' signatures may be waived on the final map oursuant to BMC 16.20.060
B.3. As conditioned, 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.
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.
The requirement to construct the public road from Walker Pass Road to the public park is
necessary for the public health, welfare and safety, as well as providing access to and
along the Kern River pursuant to Subdivision Map Act Section 66478.4 et seq.
The dedication, development and reservation of park land, open space and trails, as
conditioned, ara consistent with the General Plan and Specific Trails Plan pursuant to
Government Code Section 65402.
The reservation and acquisition for circulation improvements related to State Route 178
Specific Plan Line, as conditioned, is consistent with the General Plan pursuant to
Government Code Section 65402.
The subdivision as conditioned complies with Subdivision Map Act Section 66478.4 et
seq. in providing access to and along the Kern River.
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 Mitigated Negative Declaration is hereby approved.
3 The decision of the Planning Commission to approve Vesting Tentative Tract Map
6148 is upheld and modified.
4. The appeal by the Sierra Club is denied.
5. The appeal by Sage Community Group, Inc. is denied.
6. Vesting Tentative Tract Map 6148 is hereby approved, subject to the mitigation
measures and conditions of approval shown in attached Exhibit "A."
......... o0o .....
5
ORIGINAL
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 .~!0V d .~ 21~D3 . by the following vote:
COUNCILMEMBER COUCH, CARSON, .BENNAM,-MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER
COUNCILMEMBER t~ r~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 0 5 Z003
Mayor of the City of Bakersfield /
/
APPROVED as to ~oJ'm
VIRGINIA GENNARO
City Attorney
Exhibits:
A. Conditions of Approval
B. Location
C. Tentative Tract Map
Jeng \\ S:\TRACTS\6148~cc~res 11-5.doc \\ October 27, 2003
6
ORIGINAL
EXHIBIT "A"
VESTING TENTATIVE TRACT 6148
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. In a letter dated April 9, 2002, the applicant requested deviations from the following ordinance,
standard, and policy requirements:
1.1. BMC 16.28.070 - Reauest - private streets
Resoonse - APPROVE the request.
1.2. SDM Standard ST-10 and ST-11 - Request - use of 36' wide streets with 34' flow line to flow line.
Response - APPROVE the request so long as other standards and ordinances are not
compromised, such as sight lines, knuckle radii, etc, and access for municipal services is not
hindered.
1.3. BMC 16.32.060.3 - Reauest - modification to delete sidewalks on internal private streets.
Resoonse - DENY the request. A sidewalk should be installed on at least one side of the street.
1.4. BMC 16.28.170- Request to allow flag lots.
Resoonse - DENY the request. Lots can be split in different ways, eliminating flag lots.
1.5. MC 16.28.160 - Request - modification to allow block lengths to exceed the 1,000' maximum block
length. Response - APPROVE the request.
1.6.
SDM Standard S-21 - Reauest to allow Custom Street Lights. Response - APPROVE the request
within the private streets of the Tract. However on public streets, standard street poles and lights
must be used.
1.7. Request to allow Reverse Corner Lots. APPROVE the request.
1,8.
SDM 3.4.1.1 .b - Reauest - modification to permit less than 500' minimum radius on local streets
ResPonse- APPROVE the request with the provision to provide as large a radius as possible, by
using other design standards, such as an off-set cul-de-sac, without causing violations to lot depth
standards.
1.9. SDM Standard S-34 - Request to allow modification to standard knuckle design. APPROVE the
request.
1.10. Request to allow Private Driveways. Reseonse - DENY the request. Another design can be
implemented for better access.
1.11.
MC 16.28.170 H Request to allow Double Frontage Lots
Response - DENY the request. Redesign the streets to eliminate the double frontage lots,
except where allowed per said section along major streets.
2. The subdivider shall install street lights on the interior, private streets. Prior to recordation of the first
final map, submit a street lighting plan for the interior streets.
Jeng S:ITRACTSt6148~CC16148 ExhA con revised. DOC
1 I/18/2003
3. Provide a waiver of direct access rights from all abutting lots to Alfred Harrell Highway and to Old
Walker Pass Road.
ORI(~INAL
Exhibit "A"
VTM 6148
Page 2 of 13
It should be noted, the typical road and highway sections shown on the detail sheet for the public
streets are not approved because of their inclusion on the tentative map. The City Engineer shall
determine the type and limits of improvements.
Prior to recordation of the first Final Map
5.1. submit a fully executed dedication to expressway width (210' per 2010 General Plan) for Alfred
Harrell Highway. Include any additional dedication necessary for expanded intersections, slopes,
etc.
5.2. 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.
5.3. submit for the City's Review and approval C.C. & R.'s and Property Owner's Association By-Laws
for the use and maintenance of all non-dedicated, shared facilities. Among those non-dedicated,
shared facilities will be the roadways, on-site sewer main lines and laterals and storm water
retention basin(s) and associated storm drain lines and appurtenances, and other on-site facilities.
5.4. as the phased map is now presented, multiple remainders will be created. Reconfigure the phase
lines to prevent this. The City Engineer shall review and approve the phasing plan and determine
the extent of improvements to be done with each phase.
5.5. perform a pre-existing appraisal of the area required for the future freeway. Enter into an
agreement with the City for the purchase.
6. Alfred Harrell Highway shall be constructed to expressway standards similar to the conditions of Tract
6000 for the full frontage of this tract, with each corresponding phase. The developer may have the
option of constructing new lane improvements on the west side of Alfred Harrell Highway in lieu
of tract frontage improvements on the east side of Alfred Harrell Highway on a cost equivalent
basis. No impact fee credit will be available for that portion done in lieu of the tract frontage
improvements.
7. A right turn deceleration lane shall be constructed on Alfred Harrell Highway for the northbound right
turn into Old Walker Pass Road.
Prior to recordation of the first phase
8.1 The applicant shall enter into an agreement, subject to approval by the Public Works Director and
the City Attorney, to reserve Phase 1, as shown on the Tentative Map dated 2-10-03, for purchase
by the City of Bakersfield within two years of the completion and acceptance of improvements for
the first phase except for that reserved phase of the Tract (in accordance with the Subdivision Map
Act).
8.2 Subdivision design and street access to Old Walker Pass Road within Phase 1 (phase adjacent to
the freeway reservation) may be revised, as mutually agreed to by Developer and the Public Works
Director, to accommodate potential future freeway improvements so that access across Highway
178 is limited to one location. If the number of lots within this area are not increased, any such
revisions shall be found in substantial conformance with VTTM 6148.
9. Prior to acceptance of the public improvements by the City,
9.1. the subdivider's engineer shall
9.1.1. provide certification to the City Engineer that, except as otherwise provided, the
private improvements have been constructed to City standards, ordinances, and
policies, all in accordance with approved plans.
9.1.2. submit to the City Engineer copies of the sewer video cassette, forms, and his
Inspection log.
Jeng S: t TRA C TS~6148~cct6148 ExhA con revised. DOC
November 18, 2003
ORIGINAL
Exhibit "A"
VTM 6148
Page 3 of 13
9.1.3.
Written verification shall be obtained from the Fire Department that all gates, locks, and
keys have been installed or provided to their satisfaction.
10. Prior to recordation of the first phase, a drainage study for the subdivision shall be submitted for review
and approval by the City Engineer. The scope of the study shall include the entire downstream area to
the drainage area's terminal facilities or outlet into the river and what facilities or structures will be
needed.
11. 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.
12. 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.
12.1. The following shall occur with Phase 4:
12.1.1. Developer to verify the structural section of the existing golf course road. The City
Engineer shall determine the improvements necessary for the road to meet local
standards. Reconstruct, if necessary, to 44 foot wide street standards with curb and
gutter on both sides (approximately ¼ mile form Tract to Lake Ming Road).
13. The maximum size for required grading plans shall be 24" x 36".
14. Prior to recordation of each Final Map, the subdivider shall
14.1. 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.
14.2. pay his proportionate share of landscaped median islands in Alfred Harrell Highway.
The fee will be collected for the full frontages of the subdivision, including Alfred Harrell
Highway adjacent to that portion of Parcel 1of PM990 shown as open space. The total
cost may be apportioned between the phases and paid prior to recordation of each phase.
14.3. provide verification of annexation into the homeowner's association.
14.4. provide easements for required facilities not within the border of the phase being recorded.
14.5. ensure that each cable television company provides notice to the City Engineer of its intention
to occupy the utility trench.
14.6. provide easements for required facilities not within the border of the phase being recorded.
14.7. ensure that each cable television company provides notice to the City Engineer of its intention
to occupy the utility trench.
15. On and off site road improvements are required from any collector or arterial street or expressway to
provide left turn channelization into each street (or access point) within the subdivision (or
development). Said channelization shall be developed to provide necessary transitions and
deceleration lanes to meet the current CalTrans standards for the design speed of the roadway in ~,,~K&
question. ~,O~ '~
Jeng S.'ITRACTS~6148~cc[6148 ExhA con revised. DOC I-...
November 18, 2003 ~
ORIGINAL
Exhibit "A"
VTM 6148
Page 4 of 13
16. Final plan check fees shall be submitted with the first plan check submission.
17. 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.
18. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage
policy adopted by letter dated January 22, 1997.
19. Concurrently with recordation of each Final Map, the following covenant shall be recorded by the
property owner: a covenant containing information with respect to the addition of this subdivision to the
consolidated maintenance district. Said covenant shall also contain information pertaining to the
maximum anticipated annual cost per single family dwelling for the maintenance of landscaping
associated with this tract. Said covenant shall be provided to each new property owner through escrow
proceedings.
20. The on-site sewer system shall be inspected with video equipment designed for this purpose and as
approved by the City Engineer. The television camera shall have the capability of rotating 360°, in
order to view and record the top and sides of the pipe, as required. The video inspection shall be
witnessed by the subdivider's engineer, who will also initial and date the "Chain of Custody" form. Any
pipe locations revealed to be not in compliance with the plans and specifications shall be corrected. A
recorded video cassette, completed "Chain of Custody" form, and a written log (which includes the
stationing, based on the stationing of the approved plans, of all connected laterals) of the inspection
shall be provided for viewing and shall be approved by the subdivider's engineer prior to acceptance.
After the subdivider's acceptance of the system, the video cassette, forms, and logs shall be submitted
to the City Engineer.
21. 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.
22. The applicant shall dedicate the area of the abandoned road along the easterly edge of Cattle King
Estates tract to the City of Bakersfield. The City will offer a right of entry to Cattle King Estates for
purposes of rear yard access.
Condition agreed to by the applicant/subdivider at a public hearing before the City Council.
23. Regarding the enhancements of the landscaping along Alfred Harrell Highway adjoining Cattle King
Estates, the applicant will provide up to $10,000 for the design costs to the Cattle King Homeowners
Association for landscape architecture services. This payment would be made sixty (60) days after
recordation of the first subdivision map. The City may install landscape improvements on Alfred Harrell
Highway adjacent to Cattle King Estates, subject to Cattle King Estates agreeing to inclusion into a
maintenance district.
Condition agreed to by the applicant/subdivider at a public hearing before the City Council.
Jeng S: [ TRA C TSI61481cc~6148 ExhA con revised. DOC
November 18, 2003
ORIGINAL
Exhibit "A"
VTM 6148
Page 5 of 13
24. The applicant will widen pavement by one lane width, and construct median turnlanes on Lake
Ming Road at the entrances to Cattle King Estates and the Rio Bravo Tennis Resort, for a
distance of approximately 350 feet in either direction on Lake Ming Road. This improvement is
not required by project-related traffic, and is not subject to a credit against the applicant's
obligations for payment of transportation improvement impact fees. The developer may have
the option of forming a major bridge and thoroughfare district for the construction of Lake Ming
Road.
Condition agreed to by the applicant/subdivider at a public hearing before the City Council.
25. The applicant will install a landscape buffer between the rear lot line and the trail and sewer
easement adjoining Cattle King Estates, subject to the approval of the Public Works Director.
Condition agreed to by the applicant/subdivider at a public hearing before the City Council.
PLANNING
26.
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.
27. The subdivision shall be developed in no more than 6 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. Modifications to lot design are approved as follows:
29.1. Reverse corner lots, as shown on the tentative subdivision map are approved.
29.2. Request for flag lots is denied. Submit redesign of lots to meet City standard for Planning
Director approval prior to final map.
29.3. Request for private driveway access is denied. Submit redesign of lots to meet City
standard for Planning Director approval prior to final map.
29.4. Double frontage lots are approved for lots in accordance with BMC 16.28.170 H.
29.5. Any residential lots resulting from implementation of Condition No. 8 (land acquisition for State
Route 178 improvements) shall be subject to the Subdivision Ordinance.
29.6. Modification to lot depth pursuant to BMC §16.28.170 (O)(1), for lots on street knuckles and
cul-de-sacs is approved.
29.7. Exhibit "2" may be used by Planning Director to determine substantial conformance of
final maps for and street design for the area north of the park. All lots shall meet
Subdivision Ordinance standards for lots.
Jeng S:ITRACTS~6148~CC16148 ExhA con revised, DOC
November 18, 2003
Exhibit "A"
VTM 6148
Page 6 of 13
30. Subdivider shall provide access through the subdivision to the water treatment plant and to the
water tank near lot 125 for the water company. Lot 125 shall not interfere with or prevent access to
the water tank.
31.
Subdivider shall construct a minimum 6-foot high view fence or wall between the park and adjoining
residential lots as part of the subdivision improvements for the residential phase adjacent to the park.
Fence/wall height shall be measured to the highest adjacent grade. Where the lots adjoining the
park are separated from the park by a fill slope, the fence or wall shall be placed at the top of the fill
slope. The homeowners association shall maintain the fence/wall and the slope between these
residential lots and the park.
Parks
32.
Prior to recordation of the first final map, the subdivider shall enter into an agreement to reflect the
following related to park requirements. The agreement shall be subject to approval of the Planning
Department, Recreation and Parks Department and City Attorney's office prior to presentation to the
City Council for final approval.
33.1. Location of the park shall be in the east-central portion of the subdivision and configured as
shown on Exhibit "2,"
33.2.
Prior to recordation of the first final map, 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 361 buildable lots shown on the tentative map, the park land
dedication would be 2.2 acres. Dedication of the tract's proportionate share (2.2 acres) shall
be required prior to recordation of any final map.
33.3. Reserve the remaining acreage of the 5-acre park (2.8 +/- acres) in the location shown on
Exhibit "2" for acquisition by the City of Bakersfield.
33.4.
Subdivider shall be responsible for development of the subdivision's proportionate park land
requirement (2.2 acres) to City standards. Development of the 2.2 acre of park shall be
completed prior to recordation of the third phase, recordation of the 150th residential lot, or
recordation of the phase containing the park, whichever occurs first. Typical improvements
include, but are not limited to, landscaping, irrigation, security lighting, playground or tot lot area
and equipment, game slab, trash enclosures/racks, drinking fountain, picnic tables, benches
and barbecues and sewer stub connection. Actual improvements and plans shall be specified
in an Agreement or other instrument as approved by the City Attorney. Security or other
monetary assurance from the subdivider to cover the development of the park shall be required.
Subdivider shall submit improvement plans and obtain approval from the Recreation and Parks
Department and City Engineer. Park improvements shall entitle developer to park fee credits
per Chapter 15.80 of the Bakersfield Municipal Code as specified in the park agreement.
33.5.
Jeng S: [ TRA C TSI61481cci6148 ExhA con revised. DOC
November 18, 2003
The water tank in the vicinity of the park shall be removed prior to or concurrently with first
development of the park. Therefore, prior to recordation of the third phase, recordation of the
150th residential lot, or recordation of the phase containing the park, whichever occurs first,
subdivider shall remove the water tank. Subdivider is responsible for obtaining all necessary
approvals and permits for the demolition. The water tank is generally located on Lot 101.
ORIGINAL
Exhibit "A"
VTM 6148
Page 7 of 13
34. Prior to recordation of the first final map, subdivider shall submit an offer of dedication of the public
street from Old Walker Pass Road to the park to the City. Subdivider shall fully construct a local
public street to City standards from Old Walker Pass Road to the park prior to recordation of the third
phase, recordation of the 150th residential lot, or recordation of the phase containing the park,
whichever occurs first. Subdivider shall complete construction of the road, and obtain City acceptance
of the road no later than the time of the development of the 2.2 acres of park is completed. Subdivider
shall be responsible for improvements along Old Walker Pass Road from Alfred Harrell Highway to the
public street (leading to the park), as deemed necessary for public safety by the City Engineer.
Trails:
35,
Prior to recordation of the first final map, the subdivider shall dedicate the trail rights-of-way as
shown in the 1996 Specific Trails Plan. There is a 22-foot wide combination trail along the east
side of Alfred Harrell Highway. A 16-foot wide right-of-way multi-use trail is shown on the north
side of Old Walker Pass Road. The 16-foot wide trail along Old Walker Pass Road is in addition to
the standard 8-foot wide landscape strip.
36.
Prior to recordation of the fourth phase, or with construction of Old Walker Pass Road, whichever
occurs first, subdivider shall construct the 16-foot wide trail along the north side of Old Walker Pass
Road. The multi-use trail consists of a12-foot wide paved tread with 2-foot wide shoulders on each
side. The 16-foot wide trail is in addition to the City standard 8-foot wide landscape strip required for
collector streets. Prior to recordation of the fourth phase, subdivider shall submit a conceptual plan
depicting the alignment and cross-section of the trail along Old Walker Pass Road.
37. Prior to recordation of the fourth phase, subdivider shall blade (roughly grade) the 22-foot wide trail
along the east side of Alfred Harrell Highway.
Open SPace:
38. Prior to recordation of each final map, the subdivider shall dedicate the open space areas as shown
on attached Exhibit "2" and modified as follows:
38.1. There shall be a minimum 50-foot wide fire break and setback along the rear and side yards of
lots located on the eastern tier of the subdivision (generally Lots 74-108) as shown on the
tentative map). The fire break shall be maintained by the homeowners association.
38.2. There shall be a minimum 30-foot wide fire break abutting all other residential lots between
the open space areas and residential lots. The width of the fire break may be reduced to no
less than 10-feet wide if the subdivider obtains approval from the Fire Department prior to
recordation of a final map. The fire break shall be maintained by the homeowners association.
38.3 The fire breaks described above shall appear as a separate homeowner association lot(s) or
easement(s) to be shown on the final maps for the subdivision. Determination of whether the
fire breaks are shown as a lot(s) or easement(s) shall be at the discretion of the City.
Maintenance of the fire breaks shall be included in the homeowners association CC&Rs, which
will include a provision that CC&Rs may not be amended without the City's prior approval.
38.4. The area along the north side of the public road adjacent the park shall be included in the
homeowners association.
38.5 The open space areas located within each phase shall be dedicated prior to or at the time of
recordation of that phase. ~,~<( ~k~,~4)~
Jeng S: I TRA C TSI61481cc16148 ExhA con revised. DOC
November 18, 2003 I..-
ORIGINAL
Exhibit "A"
VTM 6148
Page 8 of 13
Drill Site:
39.
Prior to recordation of the first final map, subdivider shall relocate the minimum 2-acre drill site to
a more suitable (flat) area that does not require extensive grading and provides adequate
configuration and size for potential oil drilling operations. Site shall be approved by Planning Director.
40.
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.
41.
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.
Miti(]ation Measures:
Air Quality Study (WZl, Inc. March 2003)
42. 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.
43. Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures set forth under Regulation
VIII, Fugitive PM~0 Prohibitions of the San Joaquin Valley Air Pollution Control District. The following
mitigation measures, in addition to those required under Regulation VIII, can reduce fugitive dust
emissions associated with these projects:
· All disturbed areas, including storage piles, which are not being actively utilized for
construction purposes, shall be effectively stabilized of dust emissions using water,
chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative
ground cover.
Jeng S:ITRACTSt6148tcc~6148 ExhA con revised. DOC ~
November 18, 2003
ORIGINAL
Exhibit "A"
VTM 6148
Page 9 of 13
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.
44. 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:
Jeng S3TRACTSt6148tCC~6148 ExhA con revised. DOC
November 18, 2003
· 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.
Exhibit "A"
VTM 6148
Page 10 of 13
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.
45.
Prior to recordation of Phase 3, the subdivider shall 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 1.63 tons per year.
45.a.
Prior to recordation of Phase 3, 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 40 above. The improvements for said
project must be accepted by the Public Works Department prior to recordation of Phase 3.
The project selected shall be a project that is not otherwise funded or constructed with
Tract 6148. 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.
45.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
40 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.
(cont. on next page.)
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 3. 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.
Bioloqical (Pruett and Associates. March 2003~ Mitioation Measure
46.
Prior to initial ground disturbance for each phase, subdivider shall retain a qualified biologist to
conduct a "Clearance Survey" for kit fox. If needed, subdivider/biologist shall comply with the
notice to wildlife agencies and excavation of den sites as instructed on forms available from the
Planning Department.
46.a.
Jeng S:[TRACTSI61481CC16148 ExhA con revised. DOC
November 18, 2003
Blunt-nose leopard lizards. 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.
ORIGINAL
Exhibit "A"
VTM 6148
Page 11 of 13
46.b.
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.
Cultural Resources (California Historical Resoumes Information Svstem. Southern San Joaquin Valley, at
CSUB states in their July 17, 2002) Mitiqation Measure
47.
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.
Paleontoloqy Mitiqation Measure.
48. Prior to grading and/or earth-disturbing activities at elevations between 600 and 700 feet, subdivider
shall:
48.1. Submit a map delineating the areas within 600 and 700 feet elevations of the subdivision to
be disturbed.
48.2. Retain a qualified paleontologist to attend a pre-grading meeting, and set forth the
procedures to be followed during the monitoring program.
48.3.
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.
49. 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.
50. The subdivider shall provide on site screening and planting of landscape material, or a combination
thereof, in the vicinity of the four residential lots closest to the driving range as may be agreed to by
the Kern River Golf course and the applicant.
Condition agreed to by the applicant/subdivider at a public hearing before the City Council.
51. At least one model home shall feature the installation of photovoltaic cells to be offered as an option
on the homes to be built within the subdivision.
Condition agreed to by the applicant/subdivider at a public hearing before the City Council.
Jeng S:[TRACTSI6148~cc~6148 ExhA con revised. DOC
November 18, 2003
ORIGINAL
Exhibit "A"
VTM 6148
Page 12 of 13
46. 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.
Soils Miti~3ation Measure.
47.
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.
Limited Traffic Study (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.
48.
Intersection of S.R. 178 and Miramonte: Calculations indicate Miramonte will operate at a
satisfactory level of service into the year 2030. In addition, the intersection of Miramonte and S.R.
178 does not satisfy the "Peak Hour Warrant" for all scenarios analyzed. Therefore, no mitigation for
the intersection of S.R. 178 and Miramonte is proposed to be attached to the Project. However, a
signal operation analysis at this intersection under the cumulative impact of Tract 6148, 6149 and
6182 indicates a LOS of "B" or better for all movements.
49.
Intersection of S.R. 178 and Alfred Harrell Drive: A traffic signal at this intersection is warranted
only under the "Year2030 Plus Project"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 future scenarios. Requirement: 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.
50.
Intersection of S.R. 178 and S.R. 184 - Mitigation: Table 7 of Traffic Study indicates a signal is
warranted at this intersection with the addition of Project traffic in existing and future years. The
calculation indicate that this intersection will operate at a LOS's at or above "C" under all scenarios
(with installation of a traffic signal). Signal installation at this intersection is included on the proposed
list to be funded by the Transportation Impact Fee Program.
51.
Jeng S:ITRACTS~61481CCt6148 ExhA con revised. DOC
November 18, 2003
State Route 178: Table 6 of Traffic Study 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. Requirement:
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.
ORIGINAL
Exhibit "A"
VTM 6148
Page 13 of 13
Added bv City Council on November 5. 2003.
52.
In consideration by the City of Bakersfield for land use entitlements, including but not limited to
related environmental approvals related to or arising from this project, the applicant, and/or
property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold
harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or
boards ("City" herein) against any and all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, before administrative or judicial tribunals of any kind
whatsoever, in any way arising from, the terms and provisions of this application, including without
limitation any CEQA approval or any related development approvals or conditions whether imposed
by the City, or not, except for CITY's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any decision by the
City related to this project and the obligations of this condition apply regardless of whether any other
permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling under this
condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall
be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense
of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity
or party.
Jeng S: [ TRA C TSt6148~'c~6148 ExhA con revised. DOC
November 18, 2003
ORIGINAL
.LI.I
O~
il
ORIGIk
RIGINA~. ~
River's Edge
BAKERSFIELD, CALIFORNIA ,
SAGE COMMUNITY GROUP, INC
OPEN SPACE LOTS
HOA
OPEN SPACE - PUBLIC PARK
OPEN SPACE - DEDICATED TO CITY
EXHIBIT "2"
RGP
ORIGINAL