HomeMy WebLinkAboutRES NO 53-94RESOLVTION NO. 5 3 ' 9 4
RESOLUTION ON THE APPEAL OF JAMES L. NICKEL
OF NICKEL ENTERPRISES AND MODIFYING THE
DECISION OF THE PLANNING COMMISSION
REGARDING ACCESS TO AND ALONG THE KERN
RIVER AND CONSERVATION OF RIPARIAN HABITAT
FOR TENTATIVE PARCEL MAP 9899.
WHEREAS, Tentative Parcel Map 9899 is generally located between the south
bank of the Kern River, and Highway 178, east and west of Rancheria Road, as shown
on attached Exhibit "C"; and
WHEREAS, the Planning Commission held a number of public hearings beginning
October 4, 1993 and closing February 3, 1994 for Tentative Parcel Map 9899; and
WHEREAS, the Planning Commission approved Tentative Parcel Map 9899, with
conditions of approval, which include provisions for public access to and along the Kern
River, and conservation of the riparian habitat; and
WHEREAS, Subdivision Map Act Sections 66478.2 through 66478.6 require
subdivisions of land, such as Tentative Parcel Map 9899, provide for reasonable access to
and along the a river, consistent with public safety and in consideration of physical and
topographical constraints, as determined by the local agency, the Planning Commission;
and
WHEREAS, the Kern River Plan Element of the Metropolitan Bakersfield 2010
General Plan requires pedestrian access, and conservation of unique resources, such as
riparian habitat; and
WHEREAS, within the time permitted by law, JAMES L. NICKEL, of NICKEL
ENTERPRISES, filed an appeal in writing with the City Council from the decision of
the Planning Commission; and
WHEREAS, a notice of public hearing was set, opened and closed before the
council on April 20, 1994; and
WHEREAS, several people testified at said hearing; and
WHEREAS, James L. Nickel presented a different proposal relating to access to
and along the Kern River, and the riparian habitat; and
WHEREAS, Mr. Nickel proposed an offer of dedication for future bicycle paths
and equestrian trails as shown on attached Exhibit "D"; and
WHEREAS, testimony given by the public was generally in agreement to said
proposal as shown on attached Exhibit "D"; and
WHEREAS, the requirements of CEQA have been followed, and a Negative
Declaration was approved by the Planning Commission on February 3, 1994; and
WHEREAS, the Council duly considered all testimony and evidence on the
record; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. The above-stated recitals, incorporated herein are true and correct.
2. Findings as attached hereto as Exhibit "B" are adopted.
3. The Negative Declaration is approved.
4. The decision of the Planning Commission regarding conditions to provide
for public access to and along the Kern River, and conservation of riparian habitat in
Tentative Parcel Map 9899 are hereby modified as reflected in revised conditions of
approval, hereto attached as Exhibit "A".
......... o0o .........
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
APR 2 0 1994 , by the following vote:
AYES: COUNOILMEIv~ER$ McDERMOTT, EDWARDS, DeMOND, SMITH, BRUNNI, ROWLES, SALVAGGIO
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEblBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED APR 2 0 ~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATTORNEY of the City of Bakersfield
JE:pjt
April 28, 1994
res\r9899.cc
3
CITY COUNCIL RESOLUTION
EXHIBIT "A"
Tentative Parcel Map 9899
Page 1
PUBLIC WORKS
This subdivision may have only one designated remainder. All of the following would be remainders
of the division of larger, existing parcels:
1.1 the area northerly of Parcel 2 in Section 10;
1.2 the area northerly of Parcels 4 & 5 in the NW 1/4 of Section 11;
1.3 the area northerly of Parcel 6 in the NE V4 of Section 11; and
1.4 the area between Parcels 7 & 8 and Tract 4009, easterly of Rancheria Road.
The parcel lines shall be adjusted so that there is only one designated remainder.
All wells shall be located on the Parcel Map and shall be properly abandoned or otherwise treated
prior to any construction or recordation of any other subdivision maps.
Upon further subdivision or development,
3.1 the developer shall pay to the City fees for his proportionate share of future traffic signals
and associated road improvements in the project area. The signals and the developer's
proportionate share are as follows (* indicates adjustments have been made on these items
to account for the Regional Transportation Impact Fee's contribution towards the item):
3.2
SR 178 at SR 184 $ 19,500.00
*SR 178 at Alfred Harreli Hwy $ 7,$00.00
SR 178 at Miramonte Dr/Paladino Dr $ 30,000.00
SR 178 at Rancheria Rd $ 77,400.00
Old Walker Pass Rd at Rancheria Rd $ 73,190.00
Old Walker Pass Rd at Alfred ttarrell Hwy $ 22,100.00
Alfred Harrell Hwy at Paladino Dr $ 15,600.00
Alfred Hartell Hwy at Lake Ming Rd $ 9,100.00
$ 254,390.00
(13.0% of $150,000.00)
(5.050 of $150,000.00)
(20.0% of $150,000.00)
(43.0% of $180,000.00)
(56.3% of $130,000.00)
(17.0% of $130,000.00)
(12.0% of $130,000.00)
(7.0% of $130,000.00)
the developer shall pay to the City fees for his proportionate share of additional lanes (one
eastbound and one westbound) as needed on State Route 178 between State Route 184 and
Rancheria Road. The cost of this improvement shall be determined in either the Project
Study Report or the Regional Transportation Impact Fee Program modification mentioned
in item 4. below:
July 5t 1994
CITY COUNCIL RESOLUTION
EXHIBIT "A"
Tentative Parcel Map 9899
Page 2
From State Route 184 to Alfred Harrell Highway - 12.0% project proportionate share
From Alfred Harrell Hwy to Miramonte Dr/Paladino Dr - 15.0% project proportionate share
From Miramonte Dr/Paladino Dr to Rancheria Rd - 38.0% project proportionate share
3.3
the developer shall pay to the City fees for his proportionate share of additional lanes (one
northbound and one southbound) as needed on State Route 184 from State Route 178
southerly approximately one mile to the future north/south arterial intersection as shown on
the 2010 Circulation Element map. The cost of this improvement shall be determined either
by an estimate submitted by the applicant and approved by the City Engineer, or, if included,
in the Regional Transportation Impact Fee Program modification mentioned in item 4.
below:
From State Route 184 to one mile south - 8.0% project proportionate share
3.4
the comprehensive traffic study performed for Zone Change 5452 shall be modified to include
the portion of Tentative Parcel Map 9899 within Section 10, T29S, R29E. This revised study
shall include traffic generation from the entire Parcel Map No. 9899 area, and identify
impacts resulting from this traffic. The study shall propose measures to mitigate these
impacts. The traffic study shall be submitted to and approved by the City Engineer prior to
submission of any tentative subdivision maps or development plans within the Parcel Map No.
9899 area. This requirement shall be noted on the Final Parcel Map.
3.5 additional areas outside major street rights-of-way needed for landscaping shall be dedicated.
3.6 the subdivider/developer shall provide municipal sewer service to the
subdivision/development.
Prior to further development or subdivision, a Project Study Report (PSR) will be required to
determine the extent and cost of improvements required along State Route 178 both within and
outside the project boundaries. This PSR shall be approved by the City Engineer and Caltrans. In
the event that the Regional Transportation Impact Fee Program is modified to include State Highway
178 and 184 facilities at full mitigation, preparation of a PSR will not be required and any mitigation
measures for Zone Change 5452 and Parcel Map 9899 that are fully mitigated by this impact fee may
be subtracted from the mitigation for Zone Change 5452 and Parcel Map 9899.
The traffic study and resulting impacts identified in item 3. above are based on 796 single family units
and a 30 acre park site as projected in the traffic study, while the land use proposed could allow a
higher or lower residential density than projected. Upon completion of the PSR or of the
modification to the Regional Transportation Impact Fee outlined in item 4. above, a local traffic
mitigation fee for the Zone Change 5452 and Parcel Map 9899 area will be calculated and shall be
charged at the time of building permit. Should an increase or decrease of more than 5% in dwelling
unit density be proposed for any specific project within the Parcel Map area, then a review and
possible revision to the traffic study will be permitted and may be required. Otherwise, the unit cost
per residential dwelling unit calculated shall be maintained irregardiess of the number of dwelling
units that are finally created so that proportionate local traffic mitigation will be achieved.
*~' i]" July 5~ 1994
CITY COUNCIL RESOLUTION
EXHIBIT "A"
Tentative Parcel Map 9899
Page 3
6
7
8
9
10
11
12
State Route 178 is a bikeway as shown on the "Bikeway Master Plan" of the 2010 General Plan and
shall be constructed as required by the 2010 General Plan and by Caltrans for streets with bike lanes.
At the time of further development or subdivision, the property owner(s) of any areas within the
Parcel Map area not already within a maintenance district shall request to be annexed to an existing
maintenance district or request creation of a new maintenance district for their property.
Prior to recordation of the Parcel Map, the following shall be submitted to and approved by the City
Engineer:
8.1 a master drainage plan for the entire watershed area the parcel map lies within, submitted
by the subdivider, shall be reviewed and approved by the City Engineer. The limits of the
study shall be determined in consultation with and as directed by the City Engineer. The
study shall include treatment measures to ensure discharge flows conform to the requirements
of the Clean Water Act (NPDES).
8.2 any retention/detention basin site(s) and any necessary easements requited by the master
drainage study above (within or off-site of the parcel map) shall be dedicated to the City.
8.3 a preliminary grading plan for the subdivision showing the feasibility for providing sewer and
access to each parcel shall be submitted to and approved by the City Engineer. Easements
will be provided for the future construction of these improvements.
8.4 offers of dedication to arterial standards for State Route 178 and for Rancheria Road for the
full frontage of the property being divided. Additional areas as required for an expanded
intersection to City standards and Caltrans standards at Rancheria Road and State Route 178
shall be included. An offer of dedication to collector standards shall be required for Old
Walker Pass Road for the full frontage of the property being divided.
8.5 the subdivider shall agree to participate in the formation of, and include the entire tentative
parcel map area in, an assessment district currently being created to finance the construction
of a regional sewer system to serve the northeast area. Prior to further subdivision of the
parcels, the above mentioned assessment district shall be formed (through final public
hearings) or some other mechanism approved by the City Engineer to extend a sewer trunk
line from the existing City maintained sewer system to this northeast area.
8.6 all easements, properly executed, required for off-site sewer, storm drain, access, or street
construction.
8.7 approved access, improved to City requirements, from each parcel to a dedicated publicly
maintained road, shall be provided for each parcel.
The subdivider shall provide a reservation of right of way for the future State Route 178 freeway
shown on the map.
Old Walker Pass Road shall be redesigned to intersect Rancheria Road at or nearly at 90 degrees.
Parcel boundary lines may need to be adjusted.
Construction of street paving, curbs, gutters, sidewalks, and street lights may be deferred until further
subdivision or development.
Any above-ground utility cabinets or facilities to be located within the road right-of-way will be
permitted only upon approval by the City Engineer.
c~~ ,~,
~> ~ July 51 1994
CITY COUNCIL RESOLUTION
EXHIBIT "A"
Tentative Parcel Map 9899
Page 4
13
14
Water, gas, electrical, telephone, and Cable TV services shall be provided for each parcel in
accordance with Section 16.32.080 D of the Municipal Code.
At the time of obtaining a building permit for any parcel within the tentative map area, the
developer/property owner shah pay the then current sewer hook-up fee and any applicable trunk line
fees to the City of Bakersfield. These fees shah be held in a trust account until a regional municipal
sewer system is constructed in the area. Upon construction of the regional sewer system, annual user
sewer fees will be collected by the City from the property owners.
FIRE DEPARTMENT
Based upon available information, fire fiow requirement may be 1,000 gallons per minute.
Water mains are to meet I.S.O. and City requirements with dead end mains no less than 8 inches
diameter in size.
Prior to issuance of a building permit, water mains and fire hydrants to be installed by developer shall
be completed, tested and accepted (UFC 10.502, 10.503). All hydrants shall be kept in service and
made accessible to the fire department apparatus by roadways meeting the requirements of Uniform
Fire Code 10.204.
All subdividers and all persons otherwise to purchase necessary nuts, bolts and gaskets, from the City
of Bakersfield and install all hydrants no more than 6 inches from permanent llne and grade and pay
the total cost thereof. (BMC 16.32.060).
All streets and access roads to and around any building under construction must be at least 20 feet
in width and graded to prevent ponding at all times.
Barricades must be placed where ditches and/or barriers exist in roadways. Emergency vehicle access
must be reliable at all times.
Prior to issuance of a building permit, secondary access must be provided. More than one fire
apparatus road may be required when it is determined by the fire chief that access by a single road
may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that
could limit access. (UFC 10.502)
Fire hydrants will be designated at time of development.
Class A roofing is required.
FIRE SAFETY CONTROL
No structures shall be built within one hundred feet of any oil well unless the well has been properly
abandoned. (UFC 79.1103(c)).
~ ~ July 51 1994
CITY COUNCIL RESOLUTION
EXHIBIT "A"
Tentative Parcel Map 9899
Page 5
The developer shall provide certification to Fire Safety Control from the California Division of Oil
and Gas that the well has been properly abandoned prior to issuance of a building permit for any
structure within 100 ft. of an oil well, however no structure may be built within 10 ft. of an abandoned
oil well.
Prior to issuance of a building permit the location of any well is to be surveyed, located, and marked
by a licensed civil engineer. A map shall be furnished to Fire Safety Control showing the location and
measurements of any well in relation to any existing and proposed structures. (UFC 79.1102(c))
Developer shall notify the owner of the structure (residence) of the existence of an abandoned oil well
on their lot through the deed or other legal documents.
BUILDING DEPARTMENT
Prior to further subdivision, each subdivider shall obtain approval of a preliminary soils report and
grading plan. The soils report shall include recommendations for any expansive soils conditions.
(BMC 16.44)
Prior to the issuance of a building permit an approved final soils report will be required. (BMC
16.44)
Prior to permitting occupancy of any lot all required improvements must be accepted by the City of
Bakersfield. (BMC 16.16 and BMC 16.32)
Prior to issuance of any building permit or further subdivision of this parcel map, whichever occurs
first, private sewage disposal ,system, including all components, shall be approved by the Kern County
Health Department. (BMC 16.16 and BMC 16.32)
All wells and related equipment shall conform to all requirements set forth by the Kern County
Health, City of BakersfieldFire Department, and State Department of Oil and Gas, prior to issuance
of a building permit adjacent to a well.
The location of all wells and pipelines shall be shown on the final map with respect to adjacent
property lines and shall be located and adequately marked at the site by a licensed surveyor or
engineer. (BMC 16.16)
Prior to the issuance of a building permit, any construction with a secondary flood zone area shall
show conformance with Chapter 17.44 of the City of Bakersfield Municipal Code.
The location of both the primary and secondary flood plain zones shall be shown on the final map
and any grading plans.
July 5, 1994
CITY COUNCIL RESOLUTION
EXHIBIT "A"
Tentative Parcel Map 9899
Page 6
7.
8.
9.
10.
PLANNING DEPARTMENT
Prior to filing of the final map, an approved plan for utility easements shah be provided. Easements
for Public Utilities shall be determined, by the developer, through consultation with the public utility
company.
Pursuant to the authority of section 66474.9 of the California Government Code approval of this map
is conditioned upon the subdivider defending, indemnifying and holding harmless the City, its agents,
officers and employees from any claim, action or processing against the City, its agents, officers and/or
employees, to set aside, void or annul an approval concerning this subdivision, if such action is
brought within the time period provided for in section 66499.37 of the California Government Code.
The City shall promptly notify the subdivider of any such claim, action or proceeding and shah
cooperate fully in such defense.
Prior to issuance of a building permit, a habitat conservation plan interim mitigation fee shah be paid.
The fee will be based on the adopted charges at the time of issuance of a building permit or permit
approvals described in an adopted Habitat Conservation Plan and associated ordinances, resolutions
and agreements. The current fee is $680.00 per gross acre. (BMC 15.78)
Prior to filing of a final map the subdivider shall conform to the Subdivision Ordinance relating to
obtaining mineral rights owners signatures. (BMC 16.20.060 per Ordinance 3515 effective May 14,
1993)
Prior to the issuance of a building permit within the project area $3.65 per square foot of assessable
space, as defined in Section 65995 of the Government Code and Bakersfield City .%hool Resolution
#XXXVI, adopted September 14, 1993, shall be paid for the purpose of providing school facilities.
The amount of $3.65 per square foot shall be increased in even-numbered years according to the
construction as determined by the State Allocation Board at its January meeting, which increase shall
be effective as of the date of that meeting.
Prior to recordation of a final map, Zone Change 5452 shall be approved.
On the final map, the designated floodway for the Kern River shall be shown in accordance with the
State Board of Reclamation maps. (Kern River Plan Element Policies 3.2.3.1 and 3.4.4.1)
The proposed Route 178 Freeway Alignment Corridor shall be precisely defined prior to approval of
any future subdivision within the project area.
Prior to further subdivision, subdivider shall submit a slope analysis for areas designated Open Space-
Slopes for areas of 30% or greater slope, in accordance with General Plan Land Use Element and
Open Space Element policies.
Prior to grading or site disturbance potential kit fox dens on the project site shall be identified by a
kit fox clearance survey and be carefully excavated under supervision of a qualified biologist prior to
grading and construction operations, or the subdivider shall comply with 10(a) and 2081 permits
issued by Federal and State wildlife agencies. (Mitigation)
~- ~fi~ July 5~ 1994
ON,G,, ,,~.
CITY COUNCIL RESOLUTION
EXHIBIT "A"
Tentative Parcel Map 9899
Page 7
11.
12.
13.
14.
15.
16.
17.
Prior to further subdivision or grading, subdivider shall submit an archaeological report (field survey)
to evaluate archaeological resources. Report shall clearly identify impacts and required mitigation.
Public Access Easement
Prior to recordation of a final map, the subdivider shall dedicate to the City a public access easement,
restricted to pedestrian uses, along the Kern River as follows:
a)
In area "A," the "flat area," (Exhibit "A," Map 1), said easement shall be described as the area
between the .south edge of the waters of the Kern River and a line determined by measuring
a minimum of ten (10) feet south of the existing fisherman's trail or a minimum of ten (10)
feet south of the southernmost edge of the riparian area dripline, whichever is farther from
the water's edge.
b)
In area "B," the bluff area, (Exhibit "A," Map 1) said easement shall be located south of the
water's edge to a line along the bottom of the bluff.
Riparian Buffer Area
a)
The final map shall depict a riparian buffer to be located in the area south of the waters edge
for a distance to be determined by measuring a minimum of 100 feet south of the
southernmost edge of the riparian area dripline. However, in the area of the bluffs (area B)
the buffer shall extend northerly from the top (lip) of the bluffs to the waters edge.
b)
In the area east of Rancheria Road, a riparian buffer shall be designated from the lip of the
bluffs northward to the water of the Kern River.
c)
The final map shall include a statement to the effect that other than for existing uses which
may be maintained but not intensified, required riparian buffers shall remain in a natural
state with the exception that uses analyzed and approved as part of an approved specific trails
plan may be developed consistent with the goals of the Kern River Plan Element.
d)
The southernmost edge of the riparian dripline shall be determined by a competent biologist
at the applicant's expense.
The proposed public access easement and natural buffer shall be depicted on the final map.
Prior to recordation of a final map, said easements shall be staked on-site for field review and
approval by the Planning Director.
Prior to recordation of a final map, subdivider shall dedicate a maintenance easement to the City for
the purpose of maintaining the easement, buffer and parking areas in a trash free state.
Prior to or concurrently with recordation of a final map, subdivider shall modify fencing within the
access easement area to provide for pedestrian passage. Fence modifications to allow such access
shall be subject to the approval of the Planning Director. ~-~ .'~"
CITY COUNCIL RESOLUTION
EXHIBIT "A"
Tentative Parcel Map 9899
Page 8
18.
19.
20.
9899.a
Prior to recordation of a final map, the subdivider shall provide offer of dedication to the City for
access to the Kern River which includes road, parking area at a minimum 1/2 acre in size, and trail
to the river generally between Parcels 4 and 5 west of the equestrian center from the parking lot to
the river. The exact location shall be determined by the Planning Director no later than the time of
adoption of the specific trails plan. Offer of dedication can be accepted only on further subdivision
of either Parcel 4 or 5.
Prior to recordation of a final map, subdivider shall provide pedestrian access through existing fence
on the east side of Rancheria Road, south of the River for access to the existing public easements.
Design and location of access shall be approved by the Planning Director prior to installation.
Prior to recordation of a final map, subdivider shall provide offer of dedication of 20-foot wide
Class I (or a lesser width as otherwise specified in the adopted Specific Trails Plan) bicycle paths and
equestrian trails as shown on attached F~hibit "D," map entitled "Applicant's Trail Proposal." Said
dedication would revert back to property owner if the City Council by adoption of a specific trails plan
or if a court requires a different location or greater width than offered in said dedication. Offer can
be accepted only on further subdivision of parcels on a parcel by parcel basis, and only over the parcel
developed.
q2",.~t3~(~' ',' Z¢ July 5, 1994
ADVISORY NOTICE
The San Joaquin kit fox ( Vuipes macrotis mutica),
a federally-listed endangered species, exists
throughout the Bakersfield metropolitan area, l~t
foxes excavate dens for shelter, to raise pups, and
to escape from predators such as coyotes,
Denning sites may occur on vacant lots in the
Bakersfield area where development is planned.
Section 9 of the Endangered Species Act of 1973.
as amended (Act), prohibits the "take" of federally
listed endangered and threatened species. As
defined under the Act, take means 'to harass,
harm. pursue, hunt. shoot, wound, kill. trap,
capture, or collect, or the attempt to engage in any
such conduct." "Incidental take*' (defined as take
that is incidental to, and not the purpose of, thc
carryingout of an otbet~,ise Inwfui activity) may be
authorized by obtaining un "incidental take permit"
pursuant to Section tO(a) of the Act.
The City of Bakersfield and County of Kern are
currently developing a regional conservation plan
that will balance future urban growth with the
conservation of the San Joaquin kit fox and other
sensitive plants and animals. Once approved, this
conservation plan will fulfill the primary
requirement for obtaining a Section lO(a) permit
from the U.S. Fish and Wildlife Service to allow
incidental take of the kit fox and other species
during development activities. 1 towever, while this
plan is being developed, and unfii the Section
10(a) permit is issued, specific measures must be
implemented to prevent unauthorized incidental
take of San Joaquin kit foxes and to offset any loss
of kit fox habitat resulting from ongoing
construction actions. To comply with these
measures, all persons and companies planning to
engage in construction or other activities that may
impact San Joaquin kit foxes or their habitats
within the prcscribedconservation plan boundaries
are required to undertake the following specific
measures for the kit fox:
1. Prior to ground disturbance, biological
surveys for kit foxes and their dens that conform to
U.S. Fish and Wildlife Service minimum survey
recommendations shall be conducted by a qualified
wildlife biologist. Persons requiring further
information on minimum survey recommendations
should contact Bill Lehman of the Service's
Sacramento Field Office at (916) 9784866.
2, All known and potential San Joaquin kit
fox dens that will be unavoidably destroyed by
project actions shall be carefully excavated by or
under thc direct supervision of a qualified wildlife
biologist. Densshall be completely excavated and
subsequently backfilled and compacted to prevent
later use by kit foxes prior to onset of project
construction. Monitoring of dens pursuant to
Service recommendations shall be conducted prior
to excavauon to ensure that dens arc not occupied
by kit loxes when excavated. If a kit fox is
I:;XIilBIT 'A"
PAGE 9
inadvertently found inside a den during excavation,
'~'- a.,u,=,(o, ., .il be allowed to e~pe
unhindered. Infor~tion on den definitions and
monitoring reco~en~tions ~n be obtained ~
contacting the Sacramento Field Offi~.
3. To protect female San Joaqum ~t fox~
and their pups during the bree~ng sea~n, no
development actMties likely to result in inciden~
take of kit foxes and no ex~vation of kit fox de~
shaB be perilled on any property with~ the
pre.bed consc~ation plan ~un~es from
Janua~ I to April 30, i~ biob~l su~
couforming to Se~ice minimum su~ey
r~en~tions demonstrate the pre~n~ of ~t
fox~ on the subj~t p~perW. M~um s~
rc~cn~tions for the pe~od from J~ua~ I to
April 30, and for one calen~r week prong
Janua~ l, shall co~at of s~en ~cu~e ni~
of negative su~ey resul~ wberc me~o~ include
spotlightin~ scent stations, and plating of tra~g
me.urn at all known and potential ~t fox dc~ on
the subject property. ~is aha~ be enfor~d
u~:
a. Subsequent surveys demonstrate
that kit foxes have vacated the property on their
own, without any form of deliberate human
disturbance within 100 feet of or directly to kit fox
dens;.
b. Circular exclusion zones of
feet in radius arc staked and flagged around all
known and potential kit fox dens on the subject
property. Development could then proceedon the
balance of the property that is outside these
exclusion zones;
c. Survey information collected by a
qualified wildlife biologist indicates that incidental
take of kit foxes resulting from den excavations
should not occur, provided that such information
is presented in writing to the Servica's Sacrameuto
Field Office and the Service concurs in writing.
4. As a means of offsetting the unavoidable
loss of endangered species habitat associated with
development, a fee is required by the city or
county. This fee is being assessed upon submittal
of a building permit. Specific fee amounts will
vary with the size of planned project development.
For further information regarding these measures.
please contact Jim Movius of the City of
Bakersfield Planning Department. 1715 Chester
Avenue. Bakersfield, California 93301 (805) 326-
3778, or the U.S. Fish and Wildlife Service,
Sacramento Field Office. 2800 Cottage Way, Room
E-1823, Sacramento, California 95825 (916) 978-
-:866.
Prepared by United States Department of the
Interior. l-ish and Wildlife Service.
MATCH '~
EXHIBIT "B"
FINDINGS FOR APPROVAL
TENTATIVE PARCEL MAP 9899
Page 1 of 2
I. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. Based upon an initial environmental assessment, staff has determined the
proposed project will not significantly affect the physical environment or existing
residential development in the area and the issuing of a Negative Declaration for the
project is adequate.
4. Urban services are available for the proposed development.
5. The proposed Parcel map, together with the provisions for its design and
improvement, is consistent with the General Plan. (Required by Government Code
66473.5)
The site is physically suitable for the type of development proposed (as
conditioned).
7. The site is physically suitable for the proposed density of development
proposed (as conditioned).
8. The design of the Parcel map or the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
9. The design of the Parcel map for the type of improvements is not likely to
cause serious health problems.
10. The design of the Parcel map or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of, property
within the proposed parcel map.
EXHIBIT "B"
FINDINGS FOR APPROVAL
TENTATIVE PARCEL MAP 9899
Page 2 of 2
11. The design of the Parcel map provides~ to the extent feasible, for the
future passive or natural heating or cooling opportunities in the Parcel map. (Section
66473.1 of the Subdivision Map Act)
12. The Parcel map, as conditioned, prov/des for reasonable access to and
along the Kern River, consistent with public safety and in consideration of physical and
topographical constraints. (Subdiv/sion Map Act Sections 66478.2 through 66478.6)
13. The natural environment would be materially damaged by compliance with
standards for providing accessibility for the physically disabled along the River.
?rcp~rea March I8, 1994
LLI
EXHIBIT C
~HifBIT "D" i
APPLICANT'~ TRAIL PROPOSAL
TENTATIVE
PARCEL MAP
9899