HomeMy WebLinkAboutRES NO 023-04RESOLUTION NO. 0 .~, 8 "-n ~
RESOLUTION MODIFYING THE PLANNING COMMISSION'S
CONDITIONS OF APPROVAL, ADOPTING THE NEGATIVE
DECLARATION, APPROVING VESTING TENTATIVE TRACT MAP
NO. 6223 LOCATED ON THE NORTHEAST CORNER OF WHITE
LANE AND SOUTH ALLEN ROAD, AND DENYING THE APPEAL.
WHEREAS, in accordance with the procedure set forth in the provisions of Title 16 of
the Municipal Code of the City of Bakersfield, Steve DeBranch, filed an appeal of the Planning
Commission's November 20, 2003 approval of Vesting Tentative Tract Map 6223; and
WHEREAS, Steve DeBranch, the appellant, filed a written appeal to Condition No.
4 of Planning Commission Resolution No. 162-03 relative to the minimum pavement width of the
alleys for the subdivision; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as Wednesday, January 14, 2004, 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 hearing was continued to January 28, 2004; and
WHEREAS, the appellant and staff have reached agreement on alley design and use;
and
WHEREAS, testimony was heard during the public hearing; and
WHEREAS, proposed Vesting Tentative Tract Map 6223 is located on the northeast
corner of White Lane and South Allen Road, as shown on location map attached as Exhibit "B;" and
WHEREAS, proposed Vesting Tentative Tract Map 6223 consists of 242 lots for
purposes of single family development, 1 lot for a retention basin, 26 private landscape lots and 2
private parks on 107.38 acres zoned R-1 (One Family Dwelling); and
WHEREAS, said map was an associated project of a requested zone change (Zone
Change No. 03-01073, from an R-1 (One Family Dwelling) zone to a P.U.D. (Planned Unit Development)
zone; 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 City Council; 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 20 days prior to the public hearing, in accordance with
CEQA; 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
ORIGINAL
WHEREAS, recommended mitigation measures reduce impacts to air quality
archaeological resources, mineral 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 Council has considered and hereby makes the following findings:
All reauired Public notices have been aiven. Hearing notices regarding the proposed
project were mailed to property owners within 300 feet of the project area and published
in a local newspaper of general circulation at least 20 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 accomoanv project aoDroval. In accordance with CEQA, staff prepared an
initial study for the proposed project and indicated that because mitigation measures
relating to air quality and cultural resources have been incorporated into the project, the
project will not significantly impact the physical environment.
Urban services are available for the Drooosed development. The project is within an
area to be served by all necessary utilities and waste disposal systems. Improvements
proposed as part of the project will deliver utilities to the individual lots or parcels to be
created.
The proposed subdivision, toqether with the provisions for its desian and improvement.
is consistent with the General Plan. (Subdivision MaD Act 66473.5) The proposed
density and intensity of development are consistent with the professional office land use
classification on the property. Proposed road improvements are consistent with the
Circulation Element. The overall design of the project, as conditioned, is consistent with
the goals and policies of all elements of the general plan.
The project must be qranted 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 riqht owners' siqnatures may be waived on the final mad pursuant to BMC
16.20.060 B.1. 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. 1., the party's right of sur[ace entry has been or will be expressly
waived by recorded document prior to recordation of any final map.
ORIGINAL
10.
11.
In accordance with BMC 16.28.170 H, South Allen Road, White Lane and Chamber
Blvd. function as a major streets as shown on the tentative map, therefore the
abutting double frontage lots abutting are reasonable due to controlling factors as
traffic, safety, appearance and setback, and are approved with construction of a 6-
foot high masonry wall separating the residential lot and the major street.
That the modification requests to allow detached sidewalks, private/gated streets with
varying widths and turnabouts, block lengths that exceed 1000 feet, and reverse corner lots
are hereby approved.
The private easement is determined to be adequate for purposes of access. The private
landscape lots will provide access to the residential lots through the tract CC&Rs.
The conditions of approval are necessary for orderly development, and the public health,
welfare and safety.
Bakersfield as
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
follows:
1. The above recitals and findings incorporated herein, are true and correct.
2. The conditions are modified as recommended by appellant and staff.
3. The Negative Declaration is hereby approved.
4. The decision of the Planning Commission is upheld.
5. Vesting Tentative Tract Map 6223 is hereby approved, subject to the mitigation
measures and conditions of approval shown in attached Exhibit "A."
6. The appeal is denied.
I HEREBY CERTIFY that the foregoing Resolution w~li~a,~sj~d and adopted by the Council of
the City of Bakersfield at a regular meeting thereof held on ,JRI~ ;~ ~ 200~ , by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNC LMEMBER
COUNClLMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CMC///
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
3
ORIGINAL
APPROVED JAN 2 8 2004
APPROVED as to forrd
VIRGINIA GENNARO
City Attorney ~,
Exhibits:
A. Conditions of Approval
B. Location Map
C. Tentative Tract Map
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ORIGINAL
EXHIBIT "A"
VESTING TENTATIVE TRACT 6223
CONDITIONS OF APPROVAL
PUBLIC WORKS
In a letter dated August 29, 2003, the applicant requested deviations from the following ordinance and
policy requirements:
1.1 BMC 16.28.040 - Request - to deviate from right of way and paved widths specified in City
standards.
This is approved except as otherwise conditioned below and 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.
1.2 SDM Standard ST-3 - Request - modification to allow 5' wide detached sidewalks.
This is approved for the interior private streets provided additional pedestrian easements are
provided for those portions of sidewalk which fall outside the street lines.
1.3 BMC 16.28.070 - Request - permit private streets.
This is approved.
1.4 BMC 16.28.190(A)(2) - Request - a determination be made that the private streets are adequate
for purposes of access (per BMC Section 17.04.370).
Upon modification of the design as required below, the request is approved and that
determination is made.
1.5 MC 16.28.160 - Request - modification to allow Barrowby Street and Pebble Ridge Drive to
exceed the 1,000' maximum block length.
The request is approved. Note that the current interpretation of block length is the distance
along a street centerline between two intersecting street centerlines, regardless from which side
the street intersects.
Prior to submittal of any maps or improvements plans for review, submit to the City Engineer for his
review and approval
2.1 Verification emergency response and refuse vehicles can negotiate all alleys and streets
shown.
2.2 Gate calculations to show that driveway lengths for the entry streets are in accordance with
Standard T-2.
2.3 Revised sewer and drainage studies to be reviewed and approved by the City Engineer.
All alleys shall have a minimum 20-foot right-of-way and paved width of 16 feet with two feet of
unobstructed landscaping on each side except that the full 20-foot width shall be paved within 40 feet of
alley center line intersections and transitioned to 16 feet beyond that or as otherwise approved by the
Public Works Director. Ten foot by ten foot corner cut-offs are required at the alley to alley intersection.
Parking shall be prohibited within 40 feet of alley center line intersections with signs or other approved
devices clearly indicating "no parking." The Home Owner's Association shall be responsible for keeping
the alleys clear of obstructions including parked vehicles and shall have authority to remove them
immediately.
Design the subdivision so that:
5.1 All lots have frontage on a street rather than on a landscape lot unless access through the
landscape lots is provided for the in the CC&Rs for the subdivision.
5.2 Streets intersect at no more than 15° off perpendicular.
The traffic circles and roundabouts shall have signing and marking in accordance with the current
MUTCD.
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ORIGINAL
Exhibit "A"
VTM 6223
Page 2 of 7
This tentative map includes irrevocable offers of dedication to the City. Either vacate the irrevocable
offers of dedication with this map, or design the subdivision so it does not conflict with the public and
private easements.
A waiver of direct access rights to all perimeter streets shall be required from all abutting lots, except
where needed for retention basis access, at private street entrances, and at the pedestrian access way at
the corner of White Ln. and So. Allen Rd.
9. Traffic signal interconnect conduit with pull rope shall be installed in South Allen Road and in White Lane.
10.
Major improvements:
10.1 It is intended that all development within the boundaries of Parcels 4 & 5 of PM 10617 B share
proportionally in the costs of construction of the arterial and collector streets adjacent to and
within the parcel. This includes portions of Ming Avenue, South Allen Road, White Lane, and
Chamber Boulevard, and includes canal crossings. The mechanism to ensure that, prior to
recordation of each final map, each development pays its proportionate share of the
improvements may be an assessment district, an escrow agreement, or some other instrument
acceptable to the City Engineer.
10.2 Improvement plans for those streets shall be an independent set of plans, but will be part of
the required tract improvement plans. Construction of frontage improvements on South Allen
Road and on White Lane shall be secured with the first phase of this subdivision.
Construction may be secured through a separate agreement. Construction shall be in
accordance with the terms of the agreement and will not be tied to issuance of certificates of
occupancy for structures within the subdivision.
10.3 South Allen Road and White Lane shall be completed prior to the completion of the Allen Road
crossing of the Kern River.
10.4 Payment of the median fees for Allen Road and for White Lane can be secured through this
agreement, but with the construction of either or both of the arterials, either the landscaped
median shall be constructed or the median fees paid in cash.
11.
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.
12.
Prior to recordation of each Final Map, the subdivider shall:
12.1 Either pay off the assessments for Assessment District 96-2, or he shall request apportionment
of the assessments from the old parcels to the new and pay all appropriate apportionment fees.
12.2 Submit an enforceable, recordable document approved by the City Attorney to be recorded
concurrently with the Final Map which will prohibit occupancy of any lot until all improvements,
except as otherwise provided above, have been completed by the subdivider and accepted by
the City.
12.3 Submit for the City's Review and approval C.C. & R.'s and Homeowner's Association By- Laws
for the use and maintenance of all non-dedicated, shared facilities. Among those non-
dedicated, shared facilities will be the on-site sewer main lines and laterals and associated
storm drain lines and appurtenant facilities. The C.C.&R.'s shall include parking restrictions
and enforcement.
13.
In accordance with Ordinance No. 3846 for approval of Zone Change P96-0589:
13.1 All traffic and circulation mitigation measures from the Buena Vista Ranch EIR shall be
incorporated into approval of this subdivision.
13.2 Prior to issuance of a building permit, pay the local traffic mitigation fee as set forth in the
approved fee schedule.
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Exhibit "A"
VTM 6223
Page 3 of 7
14.
15.
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.
A drainage plan for the subdivision shall be submitted for review and approval by the City
Engineer. No public water will be allowed to flow into the private podion of this tract, nor will any public
water be allowed to flow into a private sump unless a flowage easement is provided to the City of
Bakersfield.
16.
Prior to acceptance of the public improvements by the City and/or prior to the City recording a Notice
of Completion for the required private improvements, the subdivider's engineer shall provide to the City
Engineer the following:
16.1 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.
16.2 Copies of the sewer video cassette, forms, and his inspection log.
16.3 Written verification from the Fire Department that all gates, locks, and keys have been
installed or provided to their satisfaction.
16.4 Those other items required by ordinance and shown on the Information portion of the staff report.
17.
18.
19.
Two hundred watt street lights shall be installed on arterial and collector streets as directed by the City
Engineer.
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.
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.
20.
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.
WATER RESOURCES
21.
Prior to construction of in-tract water facilities, plans and specification shall be approved by the City
Water Resources staff.
22.
Provide a water well site on Lot 10 of Phase 2 or other location approved by the City Water
Resources Director.
23.
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Lot(s) are necessary within the subdivision for the purposes of drilling and equipping domestic water
well facilities. Before acceptance of the lot(s), a full environmental and hazardous materials review
(surface and subsurface soils) must be conducted. Property for the deepwell site(s) is to be dedicated or
may be purchased bythe City. The lands may be included as part of other City facilities, such as City of
Bakersfield parks, storm drain sumps, etc. .C)~ %~,',4-,p~'~
ORIGINAL
Exhibit "A"
VTM 6223
Page 4 of 7
24.
25.
26.
The City's normal fire protection service flows are 2500 gallons per minute (g.p.m.). In certain areas and
in certain zoning, fire flow requirements (as determined by the City and/or County Fire Departments) are
in excess of the 2500 g.p.m, limit. Fire flow requirements in excess of 2500 g.p.m, shall require
developer fees of $ 0.50/g.p.m./acre in excess of 2500 g.p.m, or equivalent facilities. (Mitigation
Measure).
Prior to filing a final tract/parcel map, the developer/owner shall record a covenant for each lot in the
subdivision prohibiting the export of groundwater from the subdivision except by the water purveyor that is
serving the subdivision. The individual property owner is not restricted from using groundwater under
their land for use on their overlying subdivided land. (Mitigation Measure)
City fees for inspection of installation of water facilities are currently at four (4%) percent of the estimated
construction costs of the in-tract water facilities. In addition, a $10.00 meter installation fee for each
service will be assessed for two inch (2") and less in size. The inspection fees are due and payable to the
City by the land owner/developer within thirty (30) days of invoice. (Mitigation Measure)
PLANNING
27.
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,
28.
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 taw 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.
29.
The subdivision shall be developed in no more than 7 phases. Phases shall be identified numerically and
not alphabetically.
30.
31.
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.
Upon approval of Vesting Tentative Tract 6223, Vesting Tentative Tract 6223 supercedes approval of
Vesting Tentative Tracts 6130 and 6131 as stated in September 12, 2003 correspondence from applicant,
Subdivider agrees to relinquish all development entitlements related to Vesting Tentative Tracts 6130 and
6131.
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ORIGIN,%
Exhibit "A"
VTM 6223
Page 5 of 7
32.
Prior to recordation of the final map, 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.
33.
34.
35.
In the event a previously undocumented well is uncovered or discovered on the project site, the
subdivider is responsible to contact the Department of Conservation's Division of Oil, Gas, and
Geothermal Resources (DOGGR). The subdivider is responsible for any remedial operations on the well
required by DOGGR. Subdivider shall also be subject to provisions of BMC §15.66.080 (B.)
Prior to recordation of any final map, the Zone Change from R-1 (One Family Dwelling) to PUD (Planned
Unit Development) shall be effective.
Subdivider shall obtain approval of Site Plan Review and construct the two private parks prior to
recordation of each phase containing each park as shown on the tentative map.
36.
Prior to recordation of a final map for any phase containing an abandoned oil well, the subdivider shall
submit evidence to the Planning Department of proper abandonment of the well, and shall provide a
recorded document disclosing the location of the well and delineating the required 10 foot non-buildable
easement surrounding the well.
37.
Prior to recordation of Unit 7, as shown on the Tentative Tract, the applicant shall submit a noise study to
the Planning Department evaluating noise exposure resulting from the proposed "view fence" at the
corner of White Lane and South Allen Road. If noise impacts exceed the general plan thresholds for
exposure, the view fence shall be replaced with a solid masonry wall or redesigned as approved by the
Planning Director and consistent with adjacent wall treatments. The noise study shall consider full
buildout of the area as provided for in the General Plan.
The following are mitigation measures adopted as conditions of approval for related
G PA/ZC PO 1-1018 (City Council Resolution No. 087-02).
38.
Prior to final recordation of any map for the subdivision, water availability fees for water service facilities
are due and payable. Fees are authorized by the Bakersfield Municipal Code 14.04.120 (B.) and set
by the City of Bakersfield Water Board with concurrence of the Bakersfield City Council. As of January
23, 1997, the fees were $2,000.00 per gross acre. (Mitigation Measure)
PREVENTION SERVICES - FIRE
39.
Pipeline Easements
39.1 Concurrently with recordation of any phase that includes the pipeline easements or portions
thereof, subdivider shall show the easements on the final map with a notation that structures
including accessory buildings and swimming pools, are prohibited within the easements and
record a corresponding covenant.
39.2 Prior to or concurrently with recordation of any phase that includes the pipeline easements or
portions thereof, subdivider shall show on the final map that no habitable portion of a structure
may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with
36 inches of cover, and record a corresponding covenant.
39.3 No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within
48 inches or more of cover. If a pipeline meets this criteria, the 40 foot setback line shall be
shown in the final map and a corresponding covenant shall be recorded prior to or concurrently
with recordation of any phase that is affected.
39.4 Prior to or concurrently with recordation of any phase within 250 feet of the pipeline easements,
subdivider shall record a covenant disclosing the location of the pipelines on all lots of this
subdivision within 250 feet of the pipelines.
RECREATION AND PARKS
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ORIGINAL
Exhibit "A"
VTM 6223
Page 6 of 7
40.
41.
42.
Prior to recordation of a final map, the subdivider shall pay an in-lieu fee based on a park land dedication
requirement of 2.5 acres per 1000 population in accordance with Chapter 15.80 of the Bakersfield
Municipal Code. 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.
Homeowners association or entity approved by City Attorney shall be required to maintain the private
parks, all private common area landscaping, and any view fences abutting public streets.
Monitoring during construction activities is not recommended at CA-KER-3963, CA-KER-3967, CA-KER-
3968 or CA-KER-3969. If, however, unrecorded cultural remains are unearthed during construction, work
shall halt in the area until a qualified archaeologist can assess the finds.
MITIGATION MEASURES (from Kern River Ranch/Buena Vista EIR (file # P96-0589))
The following conditions and mitigation measures were adopted for related GPA/ZC #P96-0586 and with
certification of the Buena Vista/Kem River Ranch EIR, on April 22, 1998. These conditions and mitigation
measures have been carried over from the previous projects to this subdivision because this subdivision is a
subsequent action to the approval of the GPA/ZC and EIR. The applicant has agreed to the mitigation measure in
writing.
43.
If archeological or paleontological resources are discovered during excavation and grading activities on
the project site, the contractor/developer shall stop all work and shall retain a qualified archeologist to
evaluate the significance of the find and appropriate course of action. Salvage operation requirements in
Appendix K of the California Environmental Quality Act (CEQA) Guidelines shall be followed and the
treatment of discovered Native American remains shall comply with State Code Regulations of the Native
American Heritage Commission. (Mitigation Measure; also from Kern River Ranch/Buena Vista EIR.
44.
Should human remains be discovered at any time on any portion of the project site, work shall halt and
the Kern County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code).
In the absence of an archaeological monitor, a qualified archaeologist and the local Native American
community, shall be notified. (Mitigation Measure; also from Kern River Ranch/Buena Vista EIR.
45.
Prior to the issuance of any grading permit, the project developer shall perform soil tests to determine
concentrations of pesticide and fungicide residues which may be present within the project sites. Should
contaminant levels be in excess of acceptable Federal, State and/or County levels, the project developer
shall identify and implement remedial action, subject to approval by the City of Bakersfield and other
responsible regulatory agencies to reduce contaminants to acceptable levels.
Mineral Resources:
46.
47.
Prior to the issuance of building permits, all oil contaminated soil shall be remediated to the satisfaction of
the Local Unified Program Agency (the Office of Environmental Services - Bakersfield City Fire
Department) in conjunction with the State Regional Water Quality Control Board and/or the California
Department of Toxic Substances Control.
At the initial construction meeting prior to grading activities, all construction workers must be informed as
to the symptoms of Valley Fever.
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ORIG~N,~L
Exhibit "A"
VTM 6223
Page 7 of 7
48.
49.
50.
51.
52.
53.
54.
Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial
project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the
SJVUAPCD stating the dust suppression measures that shall be completed during construction activities
in order to comply with SJVUAPCD Regulation VIII. If the District does not respond to the subdivider's
request for said letter within 2 weeks of the request, the Planning Department will assume compliance
with this mitigation measure.
Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial
project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the
SJUAPCD stating the measures that shall be completed during asphalt paving in order to comply with
SJVUAPCD Rute 4641. If the District does not respond to the subdivider's request for said letter within 2
weeks of the request, the Planning Department will assume compliance with this mitigation measure.
The construction grading plans shall include a statement that all construction equipment shall be tuned
and maintained in accordance with the manufacture's specifications.
The construction grading plans shall include a statement that work crews shall shut off construction
equipment when not in use.
Prior to site grading, subdivider shall have a preconstruction survey conducted to search for native kit fox
dens. Survey shall be submitted to the Planning Director for review prior to grading. The applicant may
be subject to special notification requirements to agencies prior to grading land containing dens.
Prior to approval of a grading plan, subdivider is subject to the Migratory Bird Treaty Act, including the
Swanson hawk during the raptor nesting season (February through September}. If construction is to
occur during raptor nesting/breeding season (February through September) no construction activity shall
take place within 500 feet of an active nest. Trees to be removed that contain nests shall be removed only
during non-breeding season (October through January).
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, should be avoided and evaluated
by a qualified biologist prior to construction. The Fish & Wildlife Service (USFWS) and California
Department of Fish & Game (CDFG) should be notified of previously unreported protected species. Any
unanticipated take of protected wildlife shall be reported immediately to the CDFG and USFWS.
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ORIGINAL
ORIGINAL
ORIGINAL
1