HomeMy WebLinkAboutRES NO 176-97RESOLUTION
RESOLUTION OF THE CITY COUNCIL UPHOLDING THE
DECISION OF THE PLANNING COMMISSION WITH
A CHANGE TO CONDITION AND APPROVING VESTING
TENTATIVE TRACT NO. 5881 ON CERTAIN PROPERTY IN
THE CITY OF BAKERSFIELD LOCATED ON THE SOUTHEAST
CORNER OF STOCKDALE HIGHWAY AND SOUTH ALLEN ROAD.
WHEREAS, on September 18, 1997, the Planning Commission adopted
Resolution NO. 79-97 approving with conditions Vesting Tentative Tract Map No. 5881
(phased) (Exhibit "B"); and
WHEREAS, Vesting Tentative Tract 5881 (phased) consists of 209 lots
zoned R-1 (One Family Dwelling) for single family residential development on 84.5
acres and I lot zoned OS (Open Space) for open space on 3.38 acres; and
WHEREAS, said map included a request for modification for private
streets allowed in Section 16.28.070.A of the Bakersfield Municipal Code; and deviation
from standard street widths to 52 feet wide in accordance with Section 18.28.170 B of
the Bakersfield Municipal Code; and
WHEREAS, the Planning Commission approved a Negative Declaration
with said map; and
WHEREAS, on September 29, 1997, an appeal of the decision of the
Planning Commission was filed by Martin-Mcintosh in accordance with the provisions
set forth in Section 16.16.080.C of the Bakersfield Municipal Code; and
WHEREAS, the City Clerk did set Wednesday, October 22, 1997 at the
hour of 7:00 p.m. or as soon thereafter in the Council Chambers of City Hall, 1501
Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing
before the City Council on said appeal, and notice of the public hearing was given in the
manner provide in Title Sixteen of the Bakersfield Municipal Code; and
WHEREAS, at said public hearing held October 22, 1997, the appeal
submitted by Martin-Mcintosh was duly heard and considered by the City Council
WHEREAS, on October 22, 1997, the City Council directed staff to
revised the resolution and some conditions of approval for the Council's adoption on
November 5, 1997 with the following findings:
1. All required public notices have been given. Hearing notices
regarding the proposed project were mailed to property owners within 300 feet of the
project area and published in a local newspaper of general circulation at least 20 days
prior to the hearing.
2. The provisions of CEQA and City of Bakersfield CEQA
Implementation Procedures have been followed.
3. The "South of Brimhall Road EIR" certified on May 7, 1997, and
incorporated by reference in the initial study for this subdivision, documents that this
subdivision is a later project of the EIR and will not have a significant effect. (CEQA
15153 (c)) Based on an initial study a Negative Declaration was prepare for the
proposed project and indicated that because mitigation measures relating to air quality,
traffic, biota, and archeology have been incorporated into the project, the project will not
significantly impact the physical environment.. The Planning Commission approved
and adopted a Negative Declaration for the proposed project on September 18, 1997.
4. 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.
5. 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
Low Density Residential and Open Space 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.
6. The project must be granted a "Draft EIR 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 "Draft EIR 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.
7. Mineral right owners' signatures may be waived on the final map
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.I., the party's right of surface entry has
been or will be expressly waived by recorded document prior to recordation of any final
map.
8. The request for private streets and reduced street width to 52 feet
wide for Phases A and B has been found to be acceptable based on the applicant's
justification and concurrence with the City Engineer. The applicant statement that
these streets will be privately maintained by an entity or instrument, as approved by the
City Attorney, and the reduced density of what could be allowed thus resulting in a
lower number of vehicle trips are adequate justification.
9. The request for a block length of more than the maximum 1,000
feet for Flathead River Road has been justified to the satisfaction of the Commission.
The lots fronting Flathead River Road are typically 14,000 square feet in size and the
street is proposed to be a private gated street. The reduction in density and the
limitation of through vehicular traffic support the applicant's request. (BMC 16.28.160
A)
10. The requirement for a fence, emergency accesses, design to
prohibit vehicular access and plan for long term maintenance for the 40 foot wide open
space area is necessary for the public health, welfare and safety and a necessary
prerequisite for orderly development. The development of the subdivision which
includes an excessive corridor length necessitates a need for midpoint emergency
accesses and not create a condition dangerous to the public health and safety. The
open space area is intended for public use by equestrians, and other non-motorized
vehicles. The long term maintenance requirement is necessary to ensure the area
does not result in a fire hazard. (G.C. 66498.1(c)(1))
11. The requirement to improve Stockdale Highway and South Allen
Road street improvements is a necessary prerequisite for the orderly development, and
public health, welfare and safety. This condition provides these improvements along
these arterial streets be constructed in a timely manner needed to serve the subdivision
and the public. (G.C. 66498.1(c)(1))
12. Condition #5.3.2 shall be revised to remove the word "emergency."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BAKERSFIELD as follows:
11 The above recitals, incorporated herein, are true and correct.
2. That Vesting Tentative Tract Map No. 5881, as outlined above is
hereby approved with conditions of approval and mitigation measures shown in
attached Exhibit "A."
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
the 5th day of November, 1997, by the following vote:
AYES: COUNCILMEMBER DeMOND. CARSON, Sk:ITH, McDERMOTT, ROWLES, SULLIVA~
NOES: COUNCILMEMBER ~L.~'~-'
AESTAtN: COUNCILMEMBER ,
~NT: COUNCILMEMBER I'~-
CITY CLERK and Ex Offic~)/Clerk of the
Council of the City of Bake~ield
APPROVED NOV 5 1997
/
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
CARL HERNANDEZ, Deputy City Attorney
S:\R5881-CC.WPD
October 30, 1997
EXHIBIT "A"
Vesting Tentative Tract 5881
BUBLIC WORKS
The General Plan Amendment and Zone Change P96-0286 conditions apply to
this tract.
This subdivision will be served by the Allen Road Trunk Sewer. Provisions shall
be made to allow the sewer to ultimately gravity flow to the Allen Road Trunk
Sewer, but an interim sewer connection to the existing line in Allen Road may be
utilized on an interim basis until the Allen Road Trunk Sewer system is
completed. Provision satisfactory to the City Engineer shall be made for the
maintenance, operation and removal of any temporary facilities required for the
interim connection.
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 portion
of this tract, nor will any public water be allowed to flow into a private sump.
Prior to recordation of the first phase, Stockdale Highway shall be constructed
from a point approximately 1,750' east of Allen Road centerline to the south line
of the Cross-Valley Canal to full arterial standards. Prior to recordation of the
second phase, the remainder of Stockdale Highway shall be completed.
Improvements to Stockdale Highway shall include, but not necessarily be limited
to the following and shall be constructed to city standards:
4.1 Landscaped median island;
4.2 Minimum 5.5' wide sidewalk;
4.3 Class II bike lane per city standard which includes two foot wide gutter
and three feet asphalt;
4.4 Parkway landscaping;
4.5 Walkway, asphalt concrete bike trail and landscaping as per attached
Exhibit "C;" (see # 20 for more detail)
4.6 All required deceleration lanes;
4.7 Bore a 6" conduit across Stockdale Highway to the median and provide
both water and power to the median; and
4.8 Provide interconnect conduit to fiber optic standards with pull rope along
the Stockdale Highway frontage.
~T.'~PLANNING~5881REV2. CON
November 6, 1997
Prior to recordation of the final map for the first phase any part of which is
adjacent to Allen Road, approximately one half of Allen Road, as determined by
the City Engineer, shall be constructed to arterial standards. Prior to recordation
of the final map for the second phase any part of which is adjacent to Allen
Road, the remainder of Allen Road shall be constructed to arterial standards. If
the southerly phase is filed before the northerly phase, then additional travel
· .:, ~,.
Exhibit A
VTT 5881
Page 2
lanes, as directed by the City Engineer, shall be constructed from the north
boundary of the southerly phase to Stockdale Highway. Improvements required
to be constructed with Allen Road include but are not limited to the following:
5.1 Landscaped median island;
5.2 Minimum 5.5' wide sidewalk;
5.3 All required deceleration lanes;
5.4 Bore a 6" conduit across Allen Road to the median and provide both
water and power to the median;
5.5 Provide interconnect conduit to fiber optic standards with pull rope along
the Allen Road frontage; and
5.6 Median island worms permitting left turn into the tract/no left turn out of
the tract shall be constructed in South Allen Road at Muddy River Street.
Said median shall prohibit all turning movements except for right-in and
right-out only at Lynett Way. The median shall be constructed for a
distance of 100 feet or more, as required by the City Engineer, in each
direction from the centerline of Muddy River Street.
Required masonry walls shall be constructed with each phase adjacent to the
arterials.
The following conditions are based upon the premise that filing of Final Maps will
occur in the order shown on the map with Phase A first, then Phase B, then
Phase C, etc. If recordation does not occur in that normal progression, then,
prior to recordation of a final map, the City Engineer shall determine the extent of
improvements to be done with that particular phase.
7.1 The following shall occur with Phase A:
7.1.1 No cross gutter shall be allowed at Old Farm Road.
7.1.2 Construct secondary access, consisting of 24' of paving plus 4'
graded shoulders, along Flathead River Road to Snake River Way
to Salmon River Court to Beaver River Way. Although this
secondary access was intended to be a non-throw away section, at
the option of the developer, the section can be 0.2' A.C. over
native.
7.1.3 Provision satisfactory to the City Engineer shall be made for the
drainage at the phase boundary on Flathead River Road.
7.2 The following shall occur with Phase B:
~ T.'~PLANNING~5881REV2. CON
November6, 1997
Exhibit A
VTT 5881
Page 3
7.2.1
Hillary Way at the west side of South Allen Road has been
identified as a future signal. Developer shall realign Beaver River
Way to line up with Hillary Way and shall pay one-half of the cost of
the future signal or construct with that Phase a portion of the
median on South Allen Road to restrict access to left in with no left
out at Beaver River Way and full access at Hillary Way. (Beaver
River Way then becomes Hillary Way.)
7.3 The following shall occur with Phase C:
7.3.1 Provision satisfactory to the City Engineer shall be made for the
drainage at the phase boundary on Pecos River Drive.
7.3.2 Construct secondary access, consisting of 24' of paving plus 4'
graded shoulders, along Leigh River Drive and through Let 24 of
Phase D.
7.4 The following shall occur with Phase D:
7.4.1 The signal at the intersection of South Allen Road and Stockdale
Highway shall be modified.
8. Prior to recordation of the first Final Map, the subdivider shall:
8.1
Provide preliminary design, to be approved by the City Engineer, of South
Allen Road over the Cross Valley Canal to determine whether additional
right-of-way or easements will be needed in the vicinity of Phase B.
9. Prior to recordation of the first final map, the developer shall:
9.1
Provide dedication of right-of-way for the expanded intersection at South
Allen Road and Stockdale Highway with the addition of a Class II bike
lane per city standard which includes 2 foot wide gutter and 3 feet asphalt.
9.2 Provide dedication of right-of-way for the expanded intersection at Old
Farm Road and Stockdale Highway.
9.3 Provide dedication of right-of-way for right turn deceleration lanes on
South Allen Road at Beaver River Way (realigned to be Hillary Way) and
Muddy River Street.
9.4 Provide dedication of any additional right-of-way and easements required
for South Allen Road at the Cross Valley Canal.
~T:~PLANNING~5881REV2. CON :~(b ~'o~
November 6, 1997
Exhibit A
VTT 5881
Page 4
9.5
Provide a waiver of direct access rights from all abutting lots to South
Allen Road and Stockdale Highway.
10.
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 $318,219.00 maximum credit against his traffic impact fees for this
project. The developer must submit a cost estimate, to be approved by the City
Engineer, verifying the cost of the right-of-way to be acquired. This credit is net
availabJe 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.
11. Prior to recordation of each Final Map, the subdivider shall
11.1 Submit an enforceable, recordable document approved by the City
Attorney to be recorded concurrently with the Final Map which will prohibit
occupancy of any lot until all improvements have been completed by the
subdivider and accepted by the City.
11.2 Provide easements for required facilities not within the border of the
phase being recorded.
11.3 The subdivider shall ensure that each cable television company provides
notice to the City Engineer of its intention to occupy the utility trench. (PW)
12.
Concurrently with recordation of each Final Map, the following covenant shall be
submitted by the property owner for concurrent recording with the map: 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. (PVV)
13.
t T:~PLANNING~5881REV2. CON
November6, 1997
Prior to final acceptance of the sewer system, all lines shall be inspected with
video equipment designed for this purpose and as approved by the City
Engineer. The television camera shall have the capability of rotating 360°, in
order to view and record the top and sides of the pipe, as required. The video
inspection shall be witnessed by the City's construction inspector, who will also
initial and date the "Chain of Custody" form. The subdivider shall immediately
notify City of any pipe locations revealed to be not in compliance with the
specifications. A recorded video cassette, completed "Chain of Custody" form,
and a written log (which includes the stationing, based on the stationing of the
approved plans, of all connected laterals) of the inspection shall be provided for
Exhibit A
VTT 5881
Page 5
viewing and shall be approved by the City Engineer prior to acceptance. After
acceptance of the system, the video cassette, forms, and logs shall become the
property of the City.
WATER PJ~SQURCES.
14.
Prior to construction of in-tract water facilities, plans and specifications shall be
approved by the City Water Resources staff. (Water Resources Dept.)
15.
Prior to recordation of a final map, subdivider shall coordinate with the Water
Resources Dept. to designate a lot within the subdivision for the purpose of
drilling and equipping domestic water well facility. Before acceptance of the lot,
a full environmental and hazardous materials review (surface and subsurface
soils) must be conducted. Property for the deep well site is to be dedicated or
may be purchased by the City. The lands may be included as part of other City
facilities, such as City of Bakersfield parks, storm drain sumps, etc. (Water
Resources Dept.)
16.
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 Department) are in excess of the 2500
g.p.m. limit. Fire flow requirement 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. (Water Resources Dept.)
PLANNING
17.
Prior to recordation of a final map for the first and second phases and at the
same time as Stockdale Highway is constructed, the subdivider shall construct
the area along the south side of Stockdale Highway from Allen Road to the
Cross Valley Canal/Kern RivedStockdale Highway bridge, as follows and shown
on attached Exhibit "C", shall contain, at a minimum, a 5~ foot wide sidewalk
adjacent to the 6 inch curb, a 10-foot wide landscaping strip or strips either
bermed and/or depressed, a 12 foot wide standard asphalt/concrete multi-
purpose trail and a 3-foot wide landscaped area along a minimum 6-foot high
solid masonry block wall, with the approval of the City Engineer and Parks
Department. (EIR Mitigation)
18. Prior to recordation of a final map of each phase adjacent to the arterials,
~ T:~PLANNING~588~ REV2. CON
November& 1997
Exhibit A
VTT 5881
Page 6
subdivider shall construction a masonry wall between 6 and 8 feet high along
Stockdale Highway and South Allen Road to reduce noise levels to and
acceptable level of 85 dBA CNEL. (EIR Mitigation)
19.
Prior to grading within the project site, the proposed 40-foot wide buffer zone of
open space shall be fenced off and posted during construction to prevent
damage to vegetation, burrows, and nests from heavy equipment and
construction vehicles. (GPA/ZC P96-0286)
20.
The open space buffer between the Cross Valley Canal and the residential area shall be
40-feet wide and shown on the final map (GPA/ZC P96-0286). With recordation of any
phase adjacent the open space area, a 6 foot high wood fence shall be constructed
along the property line separating the open space area and residential area. Prior to
recordation of a final map adjacent to the Open Space buffer, subdivider shall install a
row of trees within the open space adjacent to the fence separating the open space and
the residential lots. The final map(s) shall include 2 emergency access easements each
one located approximately mid-point of Phase A and B along the corridor. Each
emergency access shall be paved with all-weather surface with a minimum 20 feet wide
and be gated with a fire/police key boxes or crash gates, as approved by the Fire Chief.
Other access points shall be fenced, gated and/or bollards constructed until such time
as any pedestrian, bicycle or equestrian trail is constructed at which time, fence or gates
shall be reconstructed for the applicable use. At all times signs shall be posted to
prohibit vehicular access by public and residents. If the open space area is not
conveyed to the Kern River Public Access Committee or other non-profit entity, then the
homeowners association formed to maintain the gated community or other
entity/instrument as approved by the City Attorney shall maintain the open space area
and walls/fencing
21.
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 1,000 population in
accordance with Chapter 15.80 of the Bakersfield Municipal Code. If the number
of lots or dwelling units increases or decreases upon recordation of a final
map(s), the acreage required for dedication will change accordingly. 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 the this fee has
begun. (EIR Mitigation)
22.
To reduce potential significant effects on the Kern High School District, the
subdivider prior to the issuance of a building permit within the project area, will
be required to pay the Kern High School District $1.42 per square foot of
assessable space (as defined in Section 65995 of the Government Code) for
each residence for the purpose of providing facilities. This amount will increase
~ T:~PLANNING~5881REV2. CON
November6, 1997
Exhibit A
VTT 588t
Page 7
in even numbered years according to the adjustment for inflation determined by
the State Allocation Board for Class B construction at its January meeting, which
increase will be effective as of the date of that meeting. The project applicant will
also be required to provided developer impact fees for commercial uses. These
fees will be in accordance with the Kern High School District fees as defined in
Section 65995 of the Government Code. (EIR Mitigation)
23.
Prior to recordation of a final map, the subdivider shall contribute developer
impact fees for the project site in accordance with Rosedale Union School
District Community Facilities District 92-1 or annex the project site into
Community Facilities District 92-1. (EIR Mitigation)
24.
Prior to the issuance of a grading permit, the subdivider shall pay a development
fee in accordance with the Metropolitan Bakersfield Habitat Conservation Plan
(MBHCP). (EIR Mitigation)
25.
Prior to the issuance of a grading permit on the 87+ acre parcel south of
Stockdale Highway, 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 monitoring
and excavation shall be
followed to prevent entrapment of the kit fox in dens. Specific measures during
the construction phase of the project shall be implemented and include the
following:
A preconstruction survey shall be conducted prior to site grading to search
for active kit fox dens.
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.
Excavations shall either be constructed with escape ramps or covered to
prevent entrapment.
d. Prior to grading within the approximately 87+ acre parcel south of
Stockdale Highway, the proposed 40-foot wide buffer zone of open space
shall be fenced off and posted during construction to prevent damage to
vegetation, burrows and nests from heavy equipment and construction
~ T.'trOLANNINGt5881REV2. CON
November6, 1997
Exhibit A
VTT 5881
Page 8
vehicles.
All food, garbage, plastic shall be disposed of in closed containers and
regularly removed from the site to minimize attracting kit fox or other
animals. (EIR Mitigation)
26.
Prior to the approval of a grading plan for the project site, the subdivider shall
comply with the following raptor nest mitigation to the City of Bakersfield.
If grading is proposed during the raptor nesting season (February-
September) a focused survey for raptor nests shall be conducted prior to
grading activities by a qualified raptor biologist in order to identify active
nests in areas potentially impacted by project implementation.
If construction is proposed to take place during the breeding season, 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).
Trees containing nests that must be removed as a result of project
implementation shall be removed during the non-breeding season
(October-January). (EIR Mitigation)
27.
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, (CSUB) and
to the City of Bakersfield Development Services Department. (EIR Mitigation)
28.
Prior to recordation of a final map, all abandoned oil wells shall be identified,
tested for leakage, and, if necessary, re-abandoned in accordance with
Department of Oil and Gas procedures to avoid potential gas migration impacts.
(EIR Mitigation)
29.
Prior to 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 California Department of
Toxic Substances Control. (E~R Mitigation)
30.
~ T:~PLANNINGi5881RE V2. CON
Novernber 6, 'i997
Subdivider shall comply with San Joaquin Valley Unified Air Pollution Control
District (SJVUAPCD) Regulation VIII so that work would result in no significant
fugitive dust emissions. To ensure compliance, the following measure shall be
implemented.
Exhibit A
VTT 5881
Page 9
Prior to the approval of a grading plan for any residential tract, multiple
family project, and commercial project, the subdivider 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 to comply with SJVUAPCD Regulation VIII. (EIR
Mitigation)
31.
The construction of the proposed project would include asphalt paving.
Compliance with SJVUAPCD Rule 4641 would result in no significant ROG
emissions. To ensure compliance, the following measure shall be implemented.
Prior to the approval of a grading plan for any residential tract, multiple
family project, and commercial project, the subdivider shall submit a letter
to the City of Bakersfield Planning Department from the SJVUAPCD
stating the measures that shall be completed during asphalt paving to
comply with SJVUAPCD Rule 4641. (EIR Mitigation)
32. To reduce NOx emissions, the following measures shall be completed:
The construction grading plans shall include a statement that all
construction equipment will be tuned and maintained in accordance with
the manufacture's specifications.
The construction grading plans shall include a statement that work crews
will shut off construction equipment when not in use. (EIR Mitigation)
33.
If prior to recordation of any portion of Phase A, B or E (tentative map phases),
the City Council approves a General Plan Amendment and zone change
changing the 40 foot buffer to a residential designation compatible with single
family residential development, Conditions 19 and 20, shown above, shall no
longer apply to this subdivision map; and the Planning Director may find a final
map on a phase located adjacent to the Cross Valley Canal which recognizes
this change in substantial conformance pursuant to Bakersfield Municipal Code
Section 16.20.110 subject to the following criteria:
~T.'tPLANNING[588IREV2.CON
November6, 1997
The City Council has approved a General Plan Amendment and zone
change changing the 40 foot buffer to a residential designation compatible
with single family residential development prior to recordation of a final
map on a phase adjacent to the Cross Valley Canal. c~<: \~
Exhibit A
VTT 5881
Page 10
34.
On the final map, the lot lines for the residential lots adjacent to the buffer
area are extended to the Cross Valley Canal, so that the rear lot lines abut
the canal.
Subdivider provides a 6 foot high chain link fence or equivalent along the
canal boundary separating the canal from the residential lots. (Fence
height measured from highest adjacent grade.)
Wall and landscaping along Stockdale Highway and South Allen Road
shall be extended to the canal. The bike trail and landscape requirements
stated in Condition No. 17 shall apply on Stockdale Highway across the
buffer area.
The Planning Director may approve minor revisions to the subdivision on
the final map that are needed to specifically accommodate the removal of
the 40 foot buffer area.
Prior to recordation of the first phase, the subdivider shall install a 6 foot high
chain link fence or equivalent adjacent to the Cross Valley Canal. (The height of
fence shall be measured from highest adjacent grade.) (BMC Section 16.32.060
B,8.)
~ T:~PLANNINGt5881REV2. CON
November 6, 1997
VESTING
EXHIBIT B
TENTATIVE
5881
TRACT
VESTING
TENTATIVE TRACT NO. 5881
EXHIBIT B
"EXHIBIT C
~ 30~ DECI~, SPACED I ~ ~
35 LII~AR I=EEI'. Ol~ ~ IM4CH
INCLLIDE A~01= ~ EGUAL TO
· nE THIRTY-P-'IVE FOOT I',IR~VAL
10' LindlO&De WMth
12' Bike T~'all Width
Width,
~ HIOHWAY BIKE TRAIL
EXHIBIT "D"
In addition to the conditions approved by the Planning Commission
identified as "Exhibit 1" of the resolution for VESTING TENTATIVE
TRACT 5881, the subdivider is subject to all existing ordinance
requirements, policies, and departmental operating procedures as they may
apply to this subdivision. In an effort to help you better understand what
may be necessary to e~pedite the recordation of your map, staff has compiled
a list of ordinance requirements and standards we feel are pertinent to this
project. Please be aware that this list is intended as a guideline to assist you,
however it does not include every ordinance requirement. If you have any
questions regarding any item, it is important that you contact a
representative of the department responsible for that item at the phone
number provided[
VESTING 'NTA. TIVE TRACT 5881
The following is provided by the PUBLIC WORKS DEPARTMENT.
Refer questions regarding these items to (805) 326-3724.
The following requirements are in accordance with ordinances, standards, and policies, and are listed only as a
guide for your development. It is still your responsibility to adhere to all ordinances, standards, and policies,
whether listed or not.
The General Plan Amendment and Zone Change P96-0521 -0286 conditions apply to this tract. Some of
the conditions that would apply to this subdivision are as follows:
1.1 This is the first subdivision or development of land within the above referenced GPA/ZC. In
accordance with the conditions of P96-0521-0286, the first subdivision or development of
property. within the Concurrent GPA and zone change area is required to do the following:
1.1.1 The subdivider/developer shall submit offers of dedication to City standard widths for
Allen Road, Brimhalt Road,-the~an.-named colteetor betwccn~Dld Fa.'~a Road~nd
Verdug~Lmnewand~td Farm Road, including expanded intersections, all as shown on
the circulation element of the 2010 General Plan.
1.1.2 A conceptual drainage study shall be submitted to and approved by the City Engineer.
The drainage study shall shouM include, but not necessarily be limited to the proposed
retention basin site(s) and size, and anticipated construction phasing. At the time of first
development, subsequent more detailed studies shall be required to be submitted to an
approved by the City Engineer. The applicant shall initiate proceedings to form a
Planned Drainage Area if necessary to facilitate construction of the drainage system(s),
I. 1.3 Necessary flowage/drainage easements as indicated in the approved drainage study shall
be submitted to the City Engineer.
1.1.4 A master concept proposal for providing municipal services shall be submitted to and
approved by the City Engineer.
1.2 This development is within the Allen Road Trunk Sewer Service area. In accordance with the
conditions of P96-0521-0286, the portion of the Allen Road Trunk Sewer within or adjacent to the
Concurrent GPA and zone change area shall be constructed with the first development of the
property within the Allen Road Trunk Sewer Service area. If the first subdivision or development
of the property within the Allen Road Trunk Sewer Service area is submitted prior to the
completion of assessment district formation proceedings, then the developer shall make
arrangements, satisfactory to the City Engineer, ensuring the subject property's financial
participation in the district.
Above-ground utility cabinets or facilities may not be installed within public road rights-of-way without
approval by the City Engineer. (16.32.060 B.II.)
Prior to review of improvement plans by the City, the subdivider shall submit:
3. i a grading plan for the subdivision to be reviewed and approved by the City Engineer. (16.44.010)
3.2
3.3
3.4
3.5
a map of the subdivision showing all required & approved changes, if any. Staff will then indicate
the number and location of required street lights, street name signs, traffic control signs, etc.
(16.20.160, 16.28.130, 16.32.060 B.9., 16.32.060 B.7. & SDM 4.3.2, SDM 4.3.3.)
a preliminary soil report covering the entire subdivision, with
3,3,1 R values, and engineering calculations to justify the paving structural sections proposed.
(16.44.010, SDM 3.3.1.1.c.)
3.3.2 percolation tests to ensure the retention basin will operate as designed. (SDM 2.8.5)
a preliminary engineer's estimate. (16.32.070 A., 16.32.040 A.)
plan check and inspection fees based on the preliminary engineer's estimate.
(16.32.070 A.)
4
The subdivider shall provide notification of the subdivision to Golden Empire Transit (GET) by certified
mail, with the request for proposed bus turnout locations to be indicated by GET with locations to be
10
VESTJN~ ' VTA TIVE~J~.~-~' 588~
The following is provided by the PUBLIC WORKS DEPARTMENT.
Refer questions regarding these items to (805) 326-3724.
submitted to the City Engineer. Verification of the mailing will be provided to the City Engineer, and if no
response is received from GET by the City within 30 days after notification, it will be assumed GET has no
requirements for bus turnouts.
The subdivider shall construct bus turnouts as required by GET through consultation with the subdivider
and as approved by the City Engineer. Verification of GET's requirements, if any, shall be provided to the
City Engineer prior to review of improvement plans.
(SMA 66475.2, 16.40.010))
Checking fees are to be submitted at the time of submittal of the final tract or parcel map to the City
Engineer for his initial review. (SMA 66451.2) (3.70)
At the time of filing the request for formation of a maintenance district, in accordance with Section
13.04.075 of the Municipal Code, all costs for inclusion of the subdivision into the existing consolidated
maintenance district shall be paid.
At or prior to the time a buyer enters into a contract for the sale, lease with option to purchase~ or ground
lease of this property, the seller shall deliver to the buyer or lessor a completed Local Addendum Transfer
Statement in compliance with 13.08.060.
Prior to recordation of a Final Map, the subdivider
8.1 shall provide
8.1.1 right of way for a standard arterial-arterial intersection at Allen Road and Stockdale
Highway. The standard expanded intersection does affect this tract, with the addition of
bike lanes on Stockdale Highway.
8.1.2 provide a waiver of direct access rights from all abutting lots to Allen road and Stockdale
Highway.
8.1.3 sufficient rights of way or easements for a standard landscaping width on Allen Road and
Stockdale Highway.
8.1.4 easements and/or deeds for the transportation and collection of storm water as
determined by the master drainage study. (SDM 2.6.1)
8.1.5 evidence of completed arrangements for relocation of obstructions~ if any, as stated in
Section 16.28.150 of the Municipal Code.
8.1.6 quitclaim or subordination of rights to the City by interest or easement holders shall be
accomplished in accordance with Section 16.28.150 of the Municipal Code.
8.2 shall submit all improvement plans, including plans for signing/striping/marking, required walls,
landscaping, and irrigation, to be reviewed and approved by the City Engineer.
8.2.1 Wall plans shall be an independent set of plans.
8.2.2 The subdivider shall ensure that each cable TV company provides notice to the City
Engineer of its intention to occupy the utility trench.
(16.32.070 A.)
8.3 shall submit fully executed easements for any necessary lines or facilities not within the boundary
of the particular map being recorded. (SDM 2.6.1)
Concurrently with recordation of a Final Map, the property owner shall submit a covenant for each lot
prohibiting the pumping and taking of groundwater from the property for any use off the property.
(16.40.010)
Upon issuance of a building permit. fees (based upon the charges or rates in effect at the time the map
application was deemed complete) shall be paid to the City for the following:
10.1 sewer connection fee. 0.70, Executive Order 94-03)
11
12
13
14
15
16
VES~G " ~ITA TIVE~CT 5~8~1
The following is provided by the PUBLIC WORKS DEPARTMENT.
Refer questions regarding these items to (805) 326-3724.
10.2 regional traffic impact fee (15.84)
Upon expiration of the vesting rights, the fees shall be based upon the rates in effect at the time of issuance
of the building permit.
The subdivider shall construct to City standards all street improvements including curb & gutter, street
paving, drainage improvements, and sidewatk (5.5' wide on South Allen Road and Stockdale Highway) on
all streets within and adjacent to the subdivision. (16.32.060B)
The subdivider shall provide sufficient width and right of way to ensure construction of the private street
will be adequate for turning movements of emergency response vehicles and for those vehicles providing
municipal services. (16.32.060 B)
The Subdivider is required to install 9,500 and 5,800 lumen high pressure sodium vapor street lights to be
located within or adjacent to the tract. (16.32.060 B.9)
Street light installation shall be foundation mounted steel poles with 28' mounting height and 6'
mast arms and shall include but not necessarily be limited to furnishing and installing all street light poles,
conduits, wires, luminaires, and splice boxes. (Standard S-31 and SDM 3.2.11.1a) Numbers and
locations of required lights will be determined after any required design revisions have been made to the
tentative map.
To avoid possible conflicts at the installation stage, the subdivider shall consult with the utility
companies to ensure there is sufficient clearance between the street light foundations and all utility lines,
whether underground or overhead. (Policy)
If electrical service points for street lights aren't available to be shown on street improvement
plans, then they shall be shown on utility composite plans to be filed with the City Engineer prior to
acceptance of improvements. (SDM 3.2.11.5)
The subdivider shall ensure the utility understands conduit for street light electrical services shall
be kept within the street rights-of-way, unless prior approval is obtained fi'om the City Engineer. (Policy)
Municipal sewer, water, gas, electrical, telephone, and Cable TV services shall be provided for each lot in
accordance with Section 16.32.060 B of the Municipal Code.
Easements to be dedicated to the City for utility, sewer, storm drain, electrical, or other purposes shall not
cross private property (extend through, across, or between lots) without the prior approval of the City
Engineer. (SDM 1.2.5.1., SDM 2.5.3.1.)
Prior to acceptance of the improvements hy the City,
16.1 Certificates of Compliance from the manufacturers of products shall be submitted on all materials
used in the project, including but not limited to manholes, frames and covers, pipe, poles, pull
boxes, concrete. (16.32.050)
16.2 all street lights shall be energized and fully operational, and all costs, including any start-up costs
required by the utility company, shall be borne by the subdivider. (SDM 3.2.11.1)
16.3 all required monuments shall be in place and notice shall be given in accordance with the
Subdivision Map Act. (SMA 66497)
16.4 monument elevation data shall be provided to the City Engineer as required by the Municipal
Code. O6.32.100 B.I)
16.5 Record drawings of the required improvements, signed by a registered Civil Engineer, shall be
provided to the City Engineer. (16.32.090)
16.6 the utility composite plan, including street light electrical service points, shall be submiRed to the
City Engineer. (16.32.090)
16.7 warranty security as required shall be posted. (16.32.040 A.3)
VESTING ' NTATIVE~J~CT 588~
The following is provided by the PUBLIC WORKS DEPARTMENT.
Refer questions regarding these items to (805) 326-3724.
16.8
"as-graded" plans, signed by a registered Civil Engineer, shall be provided to the City Engineer.
(16.16.100, 16.32.060, 16.32.070, 16.32.090, 15.12.070, UBC 7015)
17
All required improvements must be completed by the subdivider and accepted/approved by the City prior
to recordation of a final map, unless prior to recordation an improvement agreement in accordance with
16.32.010 is entered into between the subdivider and the City of Bakersfield. Said agreement will not
allow occupancy of any lot until all required public improvements have been completed by the subdivider
and accepted by the City, Engineer and all private improvements have been completed and proper
certification of those improvements has been submitted to the City Engineer. (16.32.010)
18
In accordance with Section 66436(c)(1) of the Subdivision Map Act. any public entity or public utility
owning rights-of-way, easements, or other interests which cannot ripen into fee must be advised by
certified mail of the division of property. The Advisory Agency will require a letter from these parties
stating that the development will not unreasonably interfere with the free and complete exercise of the
right-of-way or easement within the boundaries of this development.
mps-September 18, 1997 T:\PLANNING\5881NF2.WPD
7_= ,TATIVE TRACT 5881
The following is provided by the OFFICE OF ENVIRONMENTAL SERVICES.
Refer questions regarding these items to (805) 326-3979.
No habitablc portion of a structure may bc built xx~thin 50 fi of a gas main. or transnuss~on line. or
rcfincd iiqmd oroduct hnc x~lth .~6 mchcs ofcoxcr (UFC 7904 2.83)
No llab~labic porm)n ofa structurc may bc bufit xx~thm 30 fir ofa cmdc oil pipcline operating at
20% or greater of ns dcsn3n strength. [ UFC 7t)04 2 8 3)
No habaablc pomon ofa stmcturc ma? bc bufit xx~thin 20 fir of a crude oil pipeline operating at
Icss than '()";, of its dcsign strcnuth (UFC 79 ~4 2 8 3)
Prior to or concurrently xx~th filing of a final map. a covcuant shall bc rccordcd on all lots of this
tract. or pomon thcrcot; xxhich arc x~ithm 250 fi of aforcmcntioncd pipeline. Covenant shall
ackno~ ledge proxmuty of pipcline casement to said propert3.' and describe the name. t)pc and
dm~cnston of the plpclmc Prior to rccordation. Subdivider shall submit and obtain approval of the
co~cnant xxordmg with thc City Attoracy. Officc of Environmental Services and City Engmccr.
(UFC 7904 2.8.3)
No structures shall bc built xxithin 100 ft of any off ~cll unless the ~cll has been properly
abandoned (UFC 79(143 2.3).
Thc dcx clopcr shall pro~ ~dc ccrtification to thc Officc of Environmental Services from tl~c
Cahfomta Di'~is~on of Oil and Gas that the xxcll has been properly abandoned prior to issuance of a
buitdmg pcmm of any structure x~thin 100 fir of an off ~cll. holyever. no structure may bc built
x~ithin I0 fi of an abandoncd oil xxcll. (UFC 7c)04.3.2.3) & (BMC 1566.1)80 B).
Prior to ~ssuancc of a building pcm~it the location of any x, ell is to be surveyed. located. and
mark 'cd by a hccused civil cngmccr. A map shall bc furnished to the Office of Environmental
Scrxiccs shoxx mg the location and measurements of any xxcll m relation to an_',' existing and
proposed structures. (BMC 15.66080 B).
Dc~clopcr shall nonfy the oxxncr of the stmcturc (rcsidcncc) of the cxistcncc of an abandoned oil
xxcll on thc~r lot through the deed or other legal documents. (BMC
TENTh , dE TRACT MAP 5881
The following is provided by the BUILDING DEPARTMENT.
Refer questions regarding these items to (805) 326-3727.
Prior to the filing of the final map, the subdivider shall obtain approval of a preliminary
soils report and grading plan. (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 filing of a final map, a six (6) foot high chain-link fence is the minimum
requirement along any subdivision and the fight-of-way of any canal. (BMC 16.32)
All wells and related equipment shall conform to all requirements set forth by the Kern
County Health, City of Bakersfield Fire 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)
T,-. , rA TIVE TRACT 5881
The following is provided by the F~F~E DEPARTMEN'r.
Refer questions regarding these items to (805) 326-3939
Fire hydrants will be designated by the Fire Department at the time
of development. Please submit final approved tentative map for
designation. Fire hydrants will be placed approximately 650 ft.
continuously all dedicated streets with structures no more than 300
ft. from a hydrant. Exact location to be shown on improvement plans
as approved by the Fire Department U.F.C. 1994, Article 9, Sec. 901.
Based upon available information the minimum fire flow shall be 1000
gallons per minute. Fire flow requirements shall conform to U.F.C.
1994, APPENDIX IIIA, Sec. 5.1.
U.F.C. 1994, Article 9 Sec. 902.2.1 Fire apparatus access.
More than one fire apparatus road shall be provided when it is
determined by the chief that access by a single road might be
impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access. Plans for fire
apparatus access roads shall be submitted to the fire department for
review and approval prior to construction.
Prior to recordation of each phase the location of emergency access
shall be approved by the Fire Department. Improvement plans shall
show said access as approved by the Fire Department.
U.F.C. 1994, Article 9, Sec. 901.3 Timing of Installation.
When fire protection, including fire apparatus access roads and water
supplies for fire protection, is required to be installed, such
protection shall be installed and made serviceable prior to and
during the time of construction.
EXCEPTION: When alternate methods of protection, as approved by the
chief, are provided, the requirements of Section 901.3 may be
modified or waived.
U.F.C. 1994, Article 9, 902.2.2.2 Surface.
Fire apparatus access roads shall be designed and maintained to
support the imposed loads of fire apparatus and shall be provided
with a surface so as to provide all-weather driving capabilities.
Please turn to Page 2
T~.. , fA TIVE TRACT 5881
The following is provided by the FIRE DEPARTMENT.
Refer questions regarding these items to (805) 326-3939
Bakersfield Municple Code 15.64.320 Sec. 903.2.4.2 added
--Security, private street and vehicle access gates.
The following regulations and specifications shall apply to
Security, Private Street, and Vehicle Access Gates:
1. Sliding or swinging gates shall provide a minimum
horizontal clearance of 20' and a minimum vertical clearance of
14'0" when gate is at the full open position. Horizontal distance
shall be measured perpendicular to the direction of travel on the
driveway. Vertical distance shall be measured from the highest
elevation of the driveway to the lowest overhead obstruction.
2. A fire keybox or keyswitch with an override switch to
open the gate shall be installed at each gate control box
location. The specifications for this keybox are set forth in
Section 15.64.145 (amended by Section 10.302).
The keybox or switch shall be installed on the gate control
pedestal or on the gate control box. Keyboxes and keyswitches
shall be water resistant and for the exclusive use of the
Bakersfield Fire Department. Applications for keyboxes or
keyswitches shall be made to the Bakersfield Fire Department.
Where a gate is fitted with a keybox system installed prior to
adoption of this regulation by the City of Bakersfield, no
retrofit shall be required.
3. All electrical equipment for use in a fire keybox or
switch shall conform to Section 86-1.02, "Regulations and Code,"
of the standard specifications, State of California, Business and
Transportation Agency, Department of Transportation, current
edition.
4. The gate operating device shall have a disconnect
feature for manual operation of the gate when power fails.
5. A minimum driveway length to the gate from the flow
line of the public street shall be fifty (50) feet for
developments of twenty (20) units or less. For each increment of
twenty (20} units thereafter, an additional twenty (20) feet of
storage length for waiting vehicles shall be added to the
driveway length.
~ ~2, ~994 2
VESTING TENTATI~ 5381
The following is provided by the WATER RESOURCES DEPARTMENT.
Refer questions regarding these items to (805) 326-3715.
Prior to filing a final map, easements for water utilities shall be determined, by the
developer, through consultation with the City Water Resources staff. (Bakersfield
Municipal Code 16.40.010 (A))
In order to serve this subdivision, it is necessary to extend water mainlines from
existing facilities through undeveloped areas to the "satellite subdivision." (BMC
14.04.140 & 16.32.060)
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 the groundwater under their land
for use on their overlying subdivided land. (BMC 16.40.010 (B))
Prior to final recordation of the tract/parcel map for the subdivision, water availability
fees for water service facilities are due and payable. Fees are authorized by BMC
14.04.120 (B.) and set by the City of Bakersfield Water Board with concurrence of the
Bakersfield City Council. As of this date (4/10/92), the fees are set at $2000.00 per
gross acre.
City fees for inspection of installation of water facilities are currently (4/10/92)
calculated 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 (2) inch 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. (BMC 14.04.120)
VESTING ~ ~NT_A TIVFLTRACT 5_88~
The following is provided by the PLANNING DEPARTMENT.
Refer questions regarding these items to (805) 326-3733.
2
3
4
5
Prior to filing of the final map, an approved plan for utility easements shall be provided.
Easements for Public Utilities shall be determined, by the developer, through consultation with the
public utility company. (BMC 16.28.140)
Habitat Conservation fees for this project will be calculated based on the fee in effect at the time
(currently $1,240 per gross acre) payable to the Planning Department prior to issuance of an
urban development permit (includes grading plan approvals) as defined in the
Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat
Conservation Plan. Upon payment of fees, applicant will receive acknowledgement of compliance
with Metropolitan Bakersfield Habitat Conservation Plan (implementation/Management Agreement
Section 3.1.4). (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)
Prior to filing of a final map, subdivider shall obtain approval of conceptual plans for landscaping
and walls in accordance with Planning Commission Resolution No. 58-92.
Prior to submitting any improvement, drainage, sewer, grading or other required plans, subdivider
shall obtain street name approval from the Planning Director. (BMC 16.28.130) Submit 2 copies
of a map to the Planning Dept. showing the street names as approved by the Planning
Director. Any request for a change of street names after approval by the Planning Director will
require payment of fees and reimbursement to the city for any changes on plans previously
submitted. Each street name submittal takes about three weeks to process. Any subsequent
request for street name approval will require payment of fees and reimbursement to the city for
any changes on plans previously submitted.
The street names submitted with the map have been approved except as follows:
Replace Blue Creek Way with Gila River Way
Replace Pine Creek Ct. with Horse Creek Ct.
Replace Wolf Creek Drive with Blackwater Drive
Replace Sun River Way with Tule River Way
Replace Oak River Drive with Trinity River Drive
Replace Beaver River Way with Hillary Way (this street will be required to align with
Hiltary Way.)
Prior to recordation of the map, the city attorney shall approve the C.C.&R.'s. (16.36.020)
S:\TRACTS\T5881 PLFYI
September 3, 1997 PAGE 1
Pacific Gas ano Electric Company
Date: August 6. 1997
Jennie Eng
City of Bakersfield
Development Services
1715 Chester Avenue
Bakersfield. California
~erB OIVISlOn
:918 H Street
BakersTleJd. CA 93301
Dear Ms. Eng:
We have reviewed Tentative Tract Map No.5881
Pacific Gas & Electric Company (PG&E) request a 10 foot wide easement
to be granted to PG&E for installation of overhead and/or underground
facilities along all lot boundaries located adjacent to any street(s) located
within said Tract Map and any portion of said Tract Map boundaries
fronting along any street(s) lying outside of said Tract Map. PG&E also
request a 10 foot wide easement for installation of overhead and
underground facilities to be incorporated within all public utility
easement(s), landscape easement(s), pedestrian easement(s) and within any
Common Area (which will be used for Road purposes).
Any existing overhead and/or underground facilities which are evident in
the field should be plotted on the final map by the engineering firm from
their field data. PG&E request a 10' wide easement to be granted to
PG&E for the overhead and/or underground facilities which cross proposed
property lines.
Existing gas or electric facility reallocations necessitated by new street
improvements (which are required as conditions of a development's final
acceptance by the City of Bakersfield) will be at the expense of the
developer.
Thank you for the opportunity to review the plans of this Tentative Tract.
If you have any question, please contact me at 398-5933.
Sincerely
Land Agent
STATE OF CALIFORNIA-THE RESOURCES AGENCY
DEPARTMENT OF CONSERVATION
DIVISION OF OIL, GAS. AND GEOTHERMAL RESOURCES
4800 STOCKDALE HWY., SUITE 417
BAKERSFIELD, CALIFORNIA 93309-2694
Phone (805) 3224031
TELEFAX (805) 861-0279
Jennie Eng
City Planning Depamnent
1715 Chester Avenue
Bakersfield, California 93301
Dear Ms. Eng:
August 11. 1997
PETE WILSON. Governor
Environmental Consultation
Vesting Tentative Tract Map 5881
Portion of Sec. 1. T30S. R26E. MDB&M
The Department of Conservation's Division of Oil, Gas, and Geothermal Resources has
received and reviewed the above referenced tentative tract map and submits the following
comments for your consideration.
The proposed project is located beyond the administrative boundaries of any oil field.
Presendy there is one plugged and abandoned well within the project boundaries. The
abandonment of Union Oil Company, "KCL" 42-1, located 2970 feet west and 990 feet south
from the nonebeast comer of section 1, does not meet current Division specifications.
The Division recommends that no structure or roadway be built over or in proximity of
an abandoned well location. Section 3208.1 of the Public Resources Code authorizes the
State Oil and Gas Supervisor to order the reahandonment of a previously abandoned well
when construction of any structure over or in the proximity of the well could result in a
hazard. The cost of reahandonment operations is the responsibility of the owner or
developer of the project upon which the structure will be located. If a well requiring
reabandonment is on an adjacent property and near the common property line, the Division
recommends that the structure be set back sufficiently to allow future access to the well.
The abandoned well will need to be exposed before construction begins. This office
shall be notified to investigate the condition of the wellhead and check for leakage. If any
re, abandonment operations are required, this Division will furnish necessary specifications to
the developer. If th~ wellhead cannot be located, this office shall be notified.
Furthermore, if any abandoned or unrecorded wells are uncovered, or damaged during
excavation or grading, remedial plugging operations may be required. This office must be
contacted to obtain information on the requirements for and approval to perform remedial
operations.
Jenme Eng
Page 2
The Division appreciates the opportunity to comment on this project. If you have any
questions, please call Burton Ellison, Energy and Mineral Resources Engineer, at (805) 322-
4031.
Sincerely,
David Mitchell
Senior Oil & Gas Engineer
CURB &
GUTTER
LLI
I I
EXHIBIT "E"
96'
bJ
CURB &
/--GUTTER
BIKE LANES
ON NEW
ARTERIAL STREETS
ENGINEERING DEPARTMEN~J
September 24, 1997
City of Bakersfield
City Clcrk's Office
1501 Cbester Avenue
Bakersfield, California 93301
AI-IN:
City Council Members
Vesting TentaUvc Tr,~t Map #5881
M-Me 896-74
Honorable Council Members:
On behalf of Sterling Oaks, we hereby request an appeal to the Conditions of Approval
for Vesting Tentative Tract 5881. The Conditions of Approval that we wish to appeal include the
following:
Exhibit #1
Condition ~1 - This is the requirement to place money into an escrow account for
the difference between phases and fxontagc improvements for different phases in the
tract. The reason for the appeal is that thc Subdivision Map Act limits thc local
agency to apply only those ordin~ne~es, pohcics and standards in effect at the d~t~ the
local agency has determined that the Vesting Tentative Tract Map application is
complete. To our knowledgc, there is no ordinance or standard that would require
this and it is not a policy, smen the only time we are aware of that this condition was
put on a map was in early 1997 for Tentative Tract 5859 and has not been placed on
any other tract since. Therefore it is not a policy that is consistently used.
Furthermore, the condition may impose an unfair burden on the dcvcloper since the
developer is required to make those improvements. He has the option to bond for
those improvements prior to recordation of the map and now the condition requires
that an escrow account be funded to pay for an unbalancing of the improvements
because of the phasing.
· Condition ~5.1.2 - This addresses the construction of emergency secondary access
consisting of 24' of paving pins graded shoulders with the construction of Phase A.
It was requested, at the Planning Commission heating, that the paving be replaced
with decomposed granite. The feaSOnin~ by the Planning Commission not to replace
the asphalt paving with decomposed gramto was that people would use this as a
secondary access point. This roadway is to provide emergency secondary a_c_t~s_ s to
Phase A which is a gated community. The axea will be Fated and secured, therefore
no secondary access will be allowed and the purpose of the access is only ~r
emergency secondary access. ff asphalt or AC paving is placed prior to the
installation of underground utilities, the majority of this asphalt paving will be
2001 WHEELRN GOUFIT · BAKERSFIELD, GA 93:309 · 805/834-4814 · FAX 805/8:34-0972
City of Bakersfield
September 24, 1997
Page 2
disposed of, which itself is an expensive proposition. We request that the condition
be written to allow for decomposed granite. This request would also be consistent
with 5.1.3.2 as it applies to Phase C.
Condition 9.1 - We ask the City to fund the improvements in Condition 9.1 which
requires a 3' bike lane along Stockdale Highway. As you recall, in the heanng for
the General Plan Amendment and Zone Change for this area, the Council approved a
12' bike trail and 13' of landscaping in back of a 5-1/2' sidewalk along Stockdale
Highway. The City should fund this additional bike lane on Stockdale Highway as it
is a duplicate bike trail.
Condition #20 - This condition requires a 6' high masonry wall to be constructed
along the rear property line of lots abutting a 40' open space buffer with two
emergency access points midway between Phase A and B along the corridor. These
access points are to be paved with all-weather surface with a minimum of 20' wide
and be gated and the 40' wide open space buffer and access easements be maintained
by a homeowners association or other entity as approved by the City Attorney.
During testimony a representative of the Kern River Public Access Committee and
the Kern River Parkway CommiRce testified that this open space buffer would be
used for hiking and biking trmls for the public. Since this open space buffer is to be
used for access by the public on and along the Kern River corridor, it is viewed as
public access which falls under the provisions of the Subdivision Map Act that does
not require the developer to provide improvements to that public access strip.
Furthermore, the Subdivision Map Act limits the local agency to apply only those
ordinances, policies and standards in effect at the date the local agency has
determined that the Vesting Tentative Tract Map application is complete. TI~
requirement to improve this public access strip is the responsibility of the Kern River
Public Access Cormmttee as party to a settlement agreement which required this
open space buffer to be set aside. In addition, the Kern River Public Access
Committee and others are also required, by that settlement agreement, to maintain the
40' wide open space buffer. The on-going maintenance of the wall and 40' wide
buffer would be the responsibility of a private party that potentially h~ no assets or
the ability to mmntam.
Finally, we request to appeal the requirement imposed by the Planning Comnussion,
number unknown, since we do not have the Staff Report, that requires the developer
to remove the fences and gates at the ends of the 40' wide open space buffer on
Stockdale l-I/ghway and Allen Road at such time that the Kern River Public Access
Cormmtlce and others take possession of the property and improve the pmpen'y w/th
hfidng and biking trails. This cond/tion finposes the responsibility to bond on the
developer into perpetuity which places a hardship on the developer and is un-
enforceable yet expensive if left to stand.
City of Bakersfield
September 24, 1997
Page 3
We specifically request these changes to these conditions and request the right to appeal
other conditions not yet identified as part of this appeal application. Enclosed is our cheek for
$300.00. Please place this on the next City Council agenda within 30 days of the date of filing of
this appeal pursuant to City Ordinance. If you have any questions, please feel free to contact me.~-i
cc: Stan Grady
Jacques LaRochelie
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