HomeMy WebLinkAboutRES NO 186-04RESOLUTION NO. ~' 8 6 '" 0 4
RESOLUTION UPHOLDING THE PLANNING COMMISSION'S
ADOPTION OF THE NEGATIVE DECLARATION, AND APPROVAL
OF VESTING TENTATIVE PARCEL MAP NO. 11013 LOCATED ON
WEST OF MASTERSON, NORTH AND SOUTH OF STATE ROUTE
178, 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,, filed an appeal of the Planning Commission's March
18, 2004 approval of Vesting Tentative Parcel Map 11013; and
WHEREAS, Brett S. Jolley, the appellant, filed a written appeal stating the Planning
Commission's approval of the negative declaration and Vesting Tentative Parcel Map 11013 do
not meet minimum requirements of state and local law, including the Califomia Environmental
Quality Act; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as Wednesday, April 28, 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, testimony was heard during the public hearing; and
WHEREAS, proposed Vesting Tentative Parcel Map 11013 is located on the west
side of Masterson Street, north and south of State Route 178, as shown on location map attached as
Exhibit "B;" and
WHEREAS, proposed Vesting Tentative Parcel Map 11013 consists of 14 lots on
686.53 acres zoned R-1 (One Family Dwelling), R-3 (Limited Multiple Family Dwelling) and C-2
(Regional Commercial) and a designated remainder including a request to defer and waive
improvements for purposes of creating large parcels for future single and multiple-family subdivisions
and commercial development; and
WHEREAS, said map was an associated project of approved General Plan Amendment
and concurrent Zone Change File No. 99-0647, commonly known as the City in the Hills Development;
and
WHEREAS, said GPA/ZC # 99-0647 was subject of the City in the Hills
Environmental Impact Report certified on November 15, 2000 (SCH #2000011101 ); and
WHEREAS, a Statement of Overriding Considerations was adopted for land use,
noise, air quality and aesthetic impacts with the City in the Hills Environmental Impact Report; 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, pursuant to CEQA Guideline Section
15073, the proposed Negative Declaration and Initial Study were submitted to the State
ORIGINAL
Clearinghouse for a minimum 30-day review commencing on September 22, 2003 and ending
October 21,2003 (SCH #2000011101 ); 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 before the Planning
Commission, 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
WHEREAS, recommended mitigation measures reduce impacts relating to aesthetics, air
quality, biological resources, cultural and paleontological resources, geology, hazardous materials,
stormwater drainage, water, noise, and traffic have been incorporated into the project, the project will not
significantly impact the physical environment.
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 required public notices have been qiven. 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 Negative Declaration for the proposed project is the appropriate environmental
document to accompany project approval. 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 proposed development. The project is within an
area to be served by all necessary utilities and waste disposal systems. Improvements
proposed as part of the project will deliver utilities to the individual lots or parcels to be
created.
The proposed subdivision, together with the provisions for its design and improvement,
is consistent with the General Plan. (Subdivision Map Act 66473.5) The proposed
density and intensity of development are consistent with the 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 granted a "de minimis: exemption with respect to the payment of
Fish and Game Section 711 fees. Based on the absence of evidence in the record as
required by Section 21082.2 of the State of California Public Resources Code (CEQA)
for the purpose of documenting significant effects, it is the conclusion of the Lead
Agency that this. project, will result in impacts that fall below the threshold . of. sic n~.~rAce.
with regard to w~ldhfe resources and, therefore, must be granted a de m~n~m~
ORIGINAL
10.
11.
exemption in accordance with Section 711 of the State of California Fish and Game
Code. Additionally, the assumption of adverse effect is rebutted by the above-
referenced absence of evidence in the record and the Lead Agency's decision to prepare
a Negative Declaration for this project.
Mineral right owners' signatures may be waived on the final map pursuant to BMC
.16.20.060 B.I. 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 surface entry has been or will be expressly
waived by recorded document prior to recordation of any final map.
In accordance with BMC 16.20.060 C, the provisions of BMC 16.20.060 B, Statements of
Record title Interests, do not apply because each parcel of this project consists of at least
20 acres,
In accordance with BMC 16.32.080, the Planning Commission has considered the
following factors in determining whether to require or not require improvements, and
have included conditions of approval specifying the types of improvements required of
this project:
Whether the installation of any of such improvements would be premature in
relation to the public needs of the present and the immediate future;
Whether the omission of all or any part of such improvements would be
materially detrimental to the public welfare, safety, health or conveniences, or to
the orderly implementation of the general plan;
Whether the omission of all or any part of such improvements would be
injurious to property or improvements in the area;
d. The extent to which the improvements are appropriate to fulfill public needs;
The extent to which the community may need protection against potentially
adverse effects of the property use or possible use.
In consideration of the factors listed in BMC Section 16.32.080, the Planning
Commission approves the request to defer improvements as recommended by the City
Engineer.
The conditions of approval are necessary for orderly development, and the public health,
welfare and safety.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
Bakersfield as follows:
The above recitals and findings incorporated herein, are true and correct.
The Negative Declaration is hereby approved.
The decision of the Planning Commission is upheld.
ORIGINAL
Vesting Tentative Parcel Map 11013 is hereby approved, subject to the
mitigation measures and conditions of approval shown in attached Exhibit "A."
The appeal is denied.
I HEREBY CERTIFY that the foregoing Resolution wa.~l~E~ss~e~a~ll~dopted by the Council of
the City of Bakersfield at a regular meeting thereof held on ,,r,, .~, ,.,,,,-, , by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED MirY ~. 2 2004
PAMELA A. McCARTHY, CM(~") o~the
CITY CLERK and Ex Officio Cl~a'k
Council of the City of Bakersfield
APPROVED as to form
Exhibits:
A. Conditions of Approval
B. Location Map
C. Tentative Tract Map
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April 8, 2004
4
ORIGINAL
EXHIBIT "a"
VESTING TENTATIVE PARCEL MAP 11013
CONDITIONS OF APPROVAL
PUBLIC WORKS
The following are based upon the map 2-25-04.
In a letter dated August 27, 2003, the applicant requested deviations from the following
ordinance and policy requirements:
1.1, BMC 16.32.080 - Request - deferral and waiver of any improvements.
Recommendation - APPROVE DEFERRAL. DENY WAIVER.
Panorama Drive is still too close to the future alignment of SR 178. The minimum separation
shall meet Caltrans standards. "The preferred minimum from curb return to curb return
should be 160 meters" (504.3.3)
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April 8, 2OO4
Developer shall follow the phasing plan per Planning Commission Resolution 167-03.
3.1 The improvements shown in the individual phases as shown on the approved phasing
plan will be constructed prior to the recordation of the first final map in the related phase.
3.2 The sewer lines shown must be located in streets or paseos. Sewer easements
between side or back yards will not be allowed; storm drain easements between side or
back yards will be strictly limited, Easements must be of sufficient width to allow point
repair of the sewer line.
3.3 With Phase 1 as shown on the approved phasing plan, in addition to the items outlined
on the phasing plan:
3.3.1 The temporary traffic signal at Vineland Road will be allowed upon concurrence
of both CalTrans and the City Engineer. The temporary traffic signal at Vineland
Road and SR 178 shall be operational before occupancy on the first building
permit. In order to properly locate the temporary traffic signal, the ultimate
interchange layout shall be established and approved by both Caltrans and the
City Engineer. The temporary traffic signal shall be located in such a position
that the ultimate freeway interchange may be constructed without impeding traffic
flow. After the ultimate interchange layout is established, the City will enter into
negotiations to purchase the interchange right-of-way at fair market value.
3.3.2 The detention basin shown in Phase 1 is not reflected in the proposed tentative
tract for this area. Revise the Phase Plan to reflect the actual detention basin
location.
3,3.3 Construct the sewer in the north half of Panorama to serve Parcel No. 7 as
shown in the sewer study.
3.4 With Phase 2 as shown on the approved phasing plan, in addition to the items outlined on the phasing plan:
3.4.1 Install the south half of Panorama Drive from the Phase 1 (as shown on the
approved phasing plan) boundary easterly to the intersection of Masterson
Street. The intersection of Panorama Drive and Masterson Street and its
proximity to the future freeway, SR 187, will located with the concurrence of
CalTrans and the City Engineer. In order to properly locate the intersection, the
ultimate interchange layout shall be established and approved by both Caltrans
and the City Engineer. After the ultimate interchange layout is established, the
City will enter into negotiations to purchase the interchange right-of-way at fair
market value.
ORIGINAL
Exhibit "A"
VTPM 11013
Page 2 of 10
3.4.2 In accordance with the conditions for GPNZC P99-0647, with the first
development having connections to Masterson Street, realign Masterson to its
ultimate alignment to having 90 degree intersection with Hwy. 178. Only one
lane in each direction with an 8 foot shoulder (for a constructed width of 32 feet)
will be required for any off-site construction of Masterson Street.
3.4.3 Enter into an agreement to insure the construction of those facilities required by
the DEIR to be complete prior to half buildout.
3.5 With Phase 3 as shown on the approved phasing plan, in addition to the items outlined
on the phasing plan:
3.5.1 Install the east half of Queen Street from Panorama Dr. to Paladino Dr.
3.6 With Phase 5 as shown on the approved phasing plan:
3.6.1 Install the north half of Old SR 178 from the west phase boundary to the east
phase boundary.
3.6.2 Extend sewer main from tie-in point south of Old SR 178 to serve Phase 5.
3.6.3 Extend water main along the south side of Old SR 178 to serve Phase 5.
NOTE: The tie-in point is not shown on the phasing plan. If the water main must
be extended across Phase 1 to serve Phase 5, then this extension must be done
with Phase 1.
3.6.4 Extend storm drain facilities as necessary to adequately convey runoff from
Phase 5 (as shown on the approved phasing plan) to the detention basin.
3.7 The improvements needed at locations significantly and directly impacted by the project
to maintain City service level standards will be required to be in place prior to occupancy
of the relevant development phase. Improvements which are included in an adopted fee
program will be provided by the fee program mechanism if funds are currently available.
If funds are not available to meet the circulation improvement needs at any particular
development phase, then the project proponent will either provide the off-site
improvements directly (with potential of future reimbursement or credits if a relevant fee
program is in place), or the development must await other sources of implementation.
NOTE: This is a vesting map, and the recorded map must reflect the adopted Specific Plan
Line in place at the time the map vested.
If the developer chooses to use an interim connection from Vineland Road to SR 178, the
developer shall obtain City of Bakersfield and Caltrans approval.
6. Prior to recordation of the parcel map, the subdivider shall
6.1 submit an enforceable, recordable document approved by the City Attorney to be
recorded concurrently with the Final Parcel Map which will prohibit occupancy of any
parcel until all improvements have been completed by the subdivider and accepted by
the City.
6.2 ensure that each cable television company provides notice to the City Engineer of its
intention to occupy the utility trench.
7. Prior to recordation of the parcel map, all improvement plans shall be reviewed and
approved by the City Engineer.
8. If it becomes necessary to obtain any off-site right of way, and the subdivider is unable to
obtain required right of way, then he shall pay to the City the up-front costs for eminent
domain proceedings and enter into an agreement and post security for the purchase and
improvement of said right of way.
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ORIGINAL
Exhibit "A"
VTPM 11013
Page 3 of 10
9. 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. The developer must submit an appraisal, to
be approved by the City Engineer, verifying the cost of the right-of-way to be acquired. 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.
10 Concurrently with recordation of the parcel 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 parcel for the
maintenance of landscaping associated with this parcel map. Said covenant shall be
provided to each new property owner through escrow proceedings.
11 Provide a sewer study and provide sewer service to each parcel.
12
The phasing map to be 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
13 On and off site road improvements are required from any collector or arterial street 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 CaITrans standards for the design speed of the
roadway in question.
14 Municipal sewer, water, gas, electrical, telephone, and Cable TV services shall be provided
for each parcel in accordance with Section 16.32.060 B of the Municipal Code.
15 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.
16 Traffic signing/striping within the project boundaries shall be implemented in conjunction with
detailed construction plans for the project.
17
Sight distance at each intersection shall be reviewed with respect to Caltrans/City of Bakersfield
sight distance standards at the time of preparation of final grading, landscape and street
improvement plans.
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Apdl 8, 2004
Exhibit "A"
VTPM 11013
Page 4 of 10
18 The project shall contribute to off-site improvements in accordance with the Capital
improvement Plan and establishment of transportation impact fees for the Metropolitan
Bakersfield 2010 General Plan Area (City of Bakersfield Municipal Code 15.84).
19.
The off-site roadway system shall be improved to roadway classifications as shown on the
Metropolitan Bakersfield General Plan Circulation Element. The implementation of off-site
improvements shall be determined as future entitlements are granted for development in and
around the project area.
20. The project shall comply with all mitigation measures as specified in the EIR.
21. At the time of development or division, traffic signal interconnect conduit may be required to
be installed in collector or arterial streets.
22.
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.
PLANNING
23. 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.
24.
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.
25.
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.
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Apdl 8, 2004
ORIGINAL
Exhibit "A"
VTPM 11013
Page 5 of 10
Required to for orderly development and provide for the public health, welfare and safety by
ensuring water service to the subdivision at the time of final map recordation because the
water purveyor has included an expiration date in the initial 'Will serve" letter.
26. 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.
Police power based on public health, welfare and safety.
27. Upon recordation of the final parcel map, the subdivider shall submit to the City irrevocable
offers of dedication for each of the four park sites, consistent with the master park plan
approved by the Planning Director. These offers shall be recorded to provide public disclosure
to all future developers of the public park locations. These offers may be amended to reflect
minor boundary adjustments upon further subdivision of adjacent property by tentative tracts, or
amendments to the master park plan approved by the Planning Director.
MITIGATION MEASURES FROM CITY IN THE HILLS EIR (GPNZC 99-0647; Certified CC
Resolution No. 136-00 & 137-00) November 15, 2000)
28. Aesthetics.
28.1 Prior to the issuance of grading permits, the project applicant shall prepare landscape
plans for the project area to provide visual relief from project structures.
28.2
Prior to the issuance of building permits, the project applicant shall outline specifications or
outdoor lighting locations and other intensely lighted areas. The specifications shall
identify minimum lighting intensity needs and design lights to be directed towards intended
uses. Methods to reduce light impacts may include Iow-intensity light fixtures and hooded
shields.
28.3
Prior to the issuance of building permits, the project applicant shall submit and obtain City
approval of lighting plans. The lighting plans shall verify that outdoor lighting on private
residences is designed so that all direct rays are confined to the site and that adjacent
residences are protected from substantial light and glare.
29. Air Quality:
29.1 The construction of the proposed project would result in the generation of fugitive dust.
Compliance with SJVUAPCD Regulation VIII and the City of Bakersfield air quality
regulations would result in no significant fugitive dust emissions. To ensure compliance,
the following measure shall be implemented.
Prior to 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 SJVAPCD stating the dust suppression
measures that shall be completed during construction activities to comply with
SJVAPCD Regulation VIII.
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April 8, 2004
ORIGINAL
Exhibit "A"
VTPM 11013
Page 6 of 10
29.2 In addition to compliance with Regulation VIII the following shall be incorporated into
building plans. The following measures can further reduce fugitive dust emissions
associated with the project. The following shall be incorporated into building plans:
a) Cover all access roads and parking areas with asphalt-concrete paving.
b) Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict the
use of cutback, slow-cure and emulsified asphalt paving materials.
c) Use water sprays or chemical suppressants on all unpaved areas to control
fugitive emissions.
d) Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions.
e) Cease grading activities during periods of high winds (greater than 20 mph over a
one-hour period).
f) Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
construction site.
g) All haul trucks should be covered when transporting loads of soil.
h) Implement carryoutJtrackout mitigation measures, such as paved access
aprons, gravel strips, wheel washers, or other measures designed to limit mud
and dirt deposits on public paved roads, in accordance with the requirements of
SJVAPCD Regulation VIII.
29.3 The following shall be incorporated into grading and building plans.
a) Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
b) Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
c) Encourage ride sharing and use of transit transportation for construction
employees commuting to the project sites.
d) Use electric equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
Lonq Term Emissions
29.4
Prior to issuance of a building permit, transportation control measures and design
features shall be incorporated into the project to reduce emissions from mobile sources.
A strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling, and
traffic congestion includes the following:
a) improve street and traffic signals for those intersections and street segments that
the proposed project contributes traffic.
29.5 The project applicant shall incorporate the following into building plans:
a) Use iow-NOx emission water heaters.
b) Provide shade trees to reduce building cooling requirements.
c) Install energy-efficient and automated air conditioners.
d) Exterior windows shall all be double-paned glass.
e) Energy-efficient (Iow-sodium) parking lights shall be used.
f) Use EPA-approved wood burning stoves, fireplace inserts or pellet stoves in lieu of
conventional fireplaces.
30. Biological Resources.
Special Status Species
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Apr# 8, 2004
ORIGINAL
Exhibit "A"
VTPM 11O13
Page 7 of 10
30.1 Prior to the issuance of a grading permit, the project applicant shall pay a development
fee in accordance with the Metropolitan Habitat Conservation Plan (MBHCP).
30.2 Prior to the issuance of a grading permit on the project site, the project proponent shall
comply with all appropriate terms and conditions of the MBHCP. The MBHCP requires
certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines
regarding tracking and excavation shall be followed to prevent entrapment of kit fox in
dens. Specific measures during the construction phase of the project shall be
implemented and include the following:
a) A preconstruction survey shall be conducted prior to site grading to search for
active kit fox dens. The survey shall be conducted not more than 30 days prior to
the onset of construction activities in areas subject to development to determine
the necessity of den excavation.
b) Monitoring and excavation of each known San Joaquin kit fox den which cannot
be avoided by construction activities shall occur.
c) Notification of wildlife agencies of relocation opportunity prior to ground
disturbance in areas of known kit fox dens shall be provided.
d) Excavations shall either be constructed with escape ramps or covered to prevent
kit fox entrapment. All trenches or steep-walled excavations greater than three
feet shall include escape ramps to allow wildlife to escape. Each excavation
shall contain at least one ramp, with long trenches containing at least one ramp
every % mile. Slope of ramps shall be no steeper than 1:1.
e) All pipes, culverts or similar structures with a diameter of four inches or greater
shall be kept capped to prevent entry of kit fox. If they are not capped or
otherwise covered, they will be inspected prior to burial or closure to ensure no
kit foxes, or other protected species, become entrapped.
f) All employees, contractors, or other persons involved in the construction of the
project shall attend a "tailgate' session informing them of the biological resource
protection measures that will be implemented for the project. The orientation
shall be conducted by a qualified biologist and shall include information regarding
the life history of the protected species, reasons for special status, a summary of
applicable environmental law, and measures intended to reduce impacts.
g) All food, garbage, and plastic shall be disposed of in closed containers and
regularly removed from the site to minimize attracting kit fox or other animals.
30.3 Because "take" of blunt-nosed leopard lizards is also currently prohibited by Section
5050 of the California Fish and Game Code, additional mitigations are necessary in
addition to those required by the MBHCP. The following measures are recommended to
comply with this Section 5050:
a) Surveys for blunt-nosed leopard lizards shall be conducted following CDFG
protocols. These surveys should be conducted between April 15 and June 30
under the specified time and temperature conditions. This survey is necessary to
determine the current status of blunt-nosed leopard lizards on the project site.
b) If blunt-nosed leopard lizards are detected, the applicant shall submit methods
for compliance with Fish and Game Code Section 5050 to CDFG for review and
approval.
Raptor Nest Disturbance
30.4 Prior to the issuance of a grading permit, the project applicant shall comply with the
following raptor nest mitigation:
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Ap#l 8, 2004
ORIGINAL
Exhibit "A"
VTPM 11013
Page 8 of 10
a)
b)
c)
If site grading is proposed during the raptor nesting season (February-
September), a focused survey for raptor nests shall be conducted by a qualified
raptor biologist prior to grading activities in order to identify active nests in areas
potentially impacted by project implementation.
If construction is proposed to take place during the raptor nesting/breeding
season (February - September), no construction activity shall take place within
500 feet of an active nest until the young have fledged (as determined by a
qualified raptor biologist). Any nests that must be removed as a result of project
implementation shall be removed during the non-breeding season (October-
January).
Preconstruction surveys shall include a survey for burrowing owl. If active
burrowing owl burrows are detected outside of breeding season (September 1
through January 31), passive and/or active relocation efforts may be undertaken
if approved by CDFG and USFWS. If active burrowing owl burrows are detected
during breeding season (February I through August 31), no disturbance to these
burrows shall occur without obtaining appropriate permitting through the
Migratory Bird Treaty Act.
Sensitive HabitatJJurisdictional Areas
30.5 A formal jurisdictional delineation will be conducted. If project development would
impact jurisdictional areas, a Clean Water Act, Section 404 permit from USACE and/or a
CDFG Section 1601 Streambed Alteration Agreement will be obtained from USACE
and/or CDFG respectively prior to the issuance of a grading permit and/or approval of
plans and specifications. USACE and CDFG typically require mitigation plans to be
prepared prior to the loss of habitat within jurisdictional areas.
Indirect Impacts
30.6 The following invasive exotic plants shall not be used in any project residential or
commercial landscaping: tamarisk (ali species) and pampas grass. In addition,
vegetation at any ponds or water features shall be managed in a way such that none of
the invasive exotic plants listed by the Department of Agriculture allowed to become
established. Typical invasive exotic plants that can become problematic in this region
include: water hyacinth and pampas grass.
30.7
During construction, site boundaries shall be clearly marked with flagging, fencing, or
other suitable material to prevent construction equipment and vehicles from impacting
adjacent habitat areas potentially occupied by special status species.
31. Archaeological/Historical:
If cultural resources are unearthed during construction activities, all work shall be halted in
the area of the find. A qualified archaeologist shall be called in to evaluate the findings and
recommend any necessary mitigation measures. Proof of compliance with any
recommendations resulting from such evaluation, if required, shall be submitted to the
Southern San Joaquin Valley Archaeological Information Center (AIC) at California State
University, Bakersfield, and to the City of Bakersfield Development Services Department.
32. Paleontoloqical Resources:
32.1 A paleontological monitoring program that includes the following measures shall be
implemented to reduce potential impacts on the Sharktooth Hill bonebed.
Jeng I S:~TRACTSI10131cclExhA conditions. DOC
Apdl 8, 2004
Exhibit "A"
VTPM 11013
Page 9 of 10
a)
b)
c)
d)
Prior to grading, a paleontologist shall be retained, attend a pre-grading meeting,
and set forth the procedures to be followed during the monitoring program.
One paleontological monitor that is trained and equipped to allow rapid removal
of fossils with minimal construction delay is expected to be sufficient. Full-time
monitoring of the portions of the project site that have earth-disturbing activities
at elevations between 600 feet and 700 feet shall be provided.
If fossils are found within an area being cleared or graded, earth-disturbing
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 cell the monitor to the site. Major
salvage time may be shortened by grading contractor's assistance (e.g., removal
of overburden, lifting and removing large and heavy fossils).
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 and results, with itemized inventory of collected
specimens. The paleontologist shall submit the report to the City of Bakersfield,
designation depository, and any other appropriate agency, and transfer fossil
collection to a depository within the City of Bakersfield or County of Kern. The
summary report shall be submitted to the City. This submittal will signify
completion of the program to mitigate impacts on paleontologicel resources.
33. Geology:
Any applicetion for development or further subdivision of any parcel(s) affected by an
Alquist-Priolo Special Studies Zone shall be accompanied by a geologic report pursuant to
the Alquist-Priolo Special Studies Zones Act of 1972. The applicant shall pay all costs
associated with preparation, evaluation, and staff processing of said report.
34. Hazardous Materials:
34.1 Prior to the issuance of grading permits, the grading plans shall specify that in the event
that hazardous waste is discovered during site preparation or construction, the property
owneddeveloper shall ensure that the identified hazardous waste and/or hazardous
material is handled and disposed of in the manner specified by the State of California
Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5)
and according to the California Administrative Code, Title 30, Chapter 22.
34.2 The applicant shall handle and dispose of all hazardous materials and wastes during the
operation and maintenance of facilities in accordance with state codes.
34.3
Prior to the issuance of grading permits, the grading plans shall specify that in the event
that any abandoned or unrecovered oil wells are uncovered or damaged during
excevation or grading, remedial plugging operations will be required.
34.4 No structures are to be Ioceted over a previously plugged or abandoned well.
35.
Jeng ~ S:ITRACTSilOt31cctExhA conditions. DOC
April 8, 2004
Stormwater Drainage:
Prior to the issuance of a grading permit, the project applicent shall submit drainage
plans for the project site for review and approval by the City of Bakersfield. The
drainage plans shall identify all necessary onsite and offsite drainage facilities to
accommodate project-related as well as cumulative (in accordance with the existing
General Plan) drainage volumes and velocities. Modificetions to the existing PDA for ~
ORIGI,~AL
Exhibit "A"
VTPM 11013
Page 10 of 10
the Breckenridge area will require an approval of an amendment to the PDA by the City
of Bakersfield.
36. Water:
-- Prior to the issuance of building permits, the project applicant shall coordinate with the
California Water Company to establish precise locations for water distribution and
storage facilities that would be constructed onsite and offsite to adequately serve each
of the residential and non-residential water needs of the proposed site.
37.
Commercial Noise Sources:
Prior to the issuance of a building permit for the proposed commercial uses, the project
applicant shall demonstrate that project commercial noise source impacts on nearby
residences are below those indicated in the City's hourly noise level performance
standards. To demonstrate commercial noise source impacts are below the City's
standards, the project applicant may need to include project design features such as
setbacks, barriers, building location/orientation, acoustical design of buildings, etc.
38.
Project Related Onsite Traffic Noise:
Prior to the issuance of building permits, the project applicant shall reduce noise levels
on the project residences by setting residential uses back from the roads by a distance
equal to or greater than the 65 dB CNEL contour. For the future alignment of SR 178,
the minimum setback distance shall be 188 feet; for the remaining roadway mentioned
above, the minimum setback shall be 84 feet. As an alternative to setbacks, the project
applicant could use sound walls to mitigate traffic noise levels. The exact height and
placement of soundwalls would depend on lot design and grading. Walls in the range of
6 to 10 feet probably would suffice for most situations. When lot design and grading are
established, an acoustical consultant shall establish necessary wall heights and
locations.
Jeng t S:ITRACTSI1013tcclExhA conditions. DOC
April 8, 2004
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