shall be recorded prior to or concurrently with recordation of any phase that is affected.
15.4 No habitable portion of a structure may be built within thirty (30) feet of a crude oil pipeline operating at twenty percent (20%) or greater of its design strength.
15.5 Prior to or concurrently with recordation of any phase within 250 feet of the pipeline easements, subdivider shall record a covenant disclosing the location of the pipelines on all lots of this subdivision within 250 feet of the pipelines.
American Petroleum Institute Standards and Guidelines for property development
16. Fire Apparatus Access Roads and Hydrants
16. l When fire protection, including fire apparatus access roads and water supplies for protection, is required to be installed, such shall be installed and made serviceable prior to any building permit issuance and throughout the time of construction.
16.2 Dead-End fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table Dl03.4 (California Fire Code)
Table Dl03.4
R equ1rmen tf s or D ea dEdF - n ire A .ooara t us A ccess R oa d s Length Width Turnaround Required
(Feet) (Feet)
0-150 20 None required
120-foot Hammerhead, 60-foot "Y" or·96-foot
151-500 20 diameter cul-de-sac
120-foot Hammerhead, 60-foot "Y" or 96-foot
501-750 26 diameter cul-de-sac
Over 750 Special Approval Required
16.3 Fire Apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus weighing at least 75,000 pounds and shall be surfaced with the first lift of asphalt to provide all-weather driving capabilities.
RECREATION AND PARKS
17. Prior to recordation of each final map, the subdivider shall pay an in-lieu fee based on a park land dedication requirement of 2.5 acres per l 000 population in accordance with Chapter 15.80 of the Bakersfield Municipal Code. If the number of dwelling units increases or decreases upon recordation of a final map(s), the park land requirement will change accordingly. Refer to BMC Chapter 15.80 and the Planning Information Sheet regarding calculation and payment ofin-lieu fee. In accordance with you are hereby By CC S:\0S_Land Division\24-60000097 _VTTM 7471_6220 Morning Drive\0l_Hearing & Noticing Documents\Draft\Temp/ates\ VTTM 7 471 _Exh Con_updated.docx Exhibit "A"
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notified that the 90-day period in which you may protest the imposition of this fee has begun.
BMC Chapter 15.80 requires the Planning Commission to determine if a subdivider is to dedicate park land, pay an in-lieu fee, reserve park land or a combination of these in order to satisfy the City's park land ordinance subject to Government Code Section 66020(d). Staff is recommending this condition in accordance with BMC Chapter 15.80.
18. Landscape Lot D (Private Paseo) including all its ancillary paseos to lot D & lot F (Private Park) for Tract 7471 shall be privately maintained by an established HOA or approved CC&R's for the subdivision.
Orderly development.
19. The block wall along Morning Drive at Landscape Lot D (Private Paseo) can have a public access opening, providing there are traffic control bollards installed to prevent vehicular access. Bollards to be reviewed and approved by Public Works and the Recreation and Parks Department during the plan review process. The Homeowners Association (HOA) shall include in their CC&R's that the HOA is responsible to maintain the public access.
Orderly development.
20. Prior to construction, Subdivider shall confirm with the Recreation and Parks Department and Public Works Department for sidewalk and landscape area layout along Paladino Drive and Morning Drive.
Orderly development.
CITY ATTORNEY
21. 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 and 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 By CC S:\05 _Land Division \24-60000097 _ VTTM 7 471 _6220 M oming Drive \01 _Hearing & Noticing Documents\Draft\Temp/ates\ VTTM 7 471 _Exh Con_updated.docx Exhibit "A"
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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.
PLANNING
22. 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 6647 4.2.
23. The subdivision shall be recorded in no more than 4 phases. Phases shall be identified numerically and not alphabetically.
Orderly development.
24. Prior to recordation of each final map, subdivider shall submit a "will serve" or "water availability" 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.
Required 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.
25. Mineral Rights: Prior to recordation of the first final map, the following shall apply:
a. Subdivider shall submit written evidence that waiver(s) of surface entry has been obtained from 100% of the mineral right interest(s) for the entire area of this tract.
Written evidence shall be submitted to the Planning Director in the form of a recorded document such as a grant deed or other instrument approved by the City Attorney. The proposed lots shown underlying the drill site shall be allowed to record subject all other conditions of approval of the tentative map.
Required to verify compliance with BMC Section 16.20.060 A. and orderly development.
26. In the event a previously undocumented well is uncovered or discovered on the project site, the subdivider is responsible to contact the Department of Conservation's Division of Geologic Energy Management (CalGEM). The subdivider is responsible for any remedial operations on the well required by CalGEM. Subdivider shall also be subject to provisions of BMC Section 15.66.080 (B.)
Police power based on public health, welfare and safety.
27. Prior to recordation of each final map, the subdivider shall provide written confirmation to the Planning Director that the abc;mdoned well plug been leak tested by an independent, third party, qualified leak testing company and that it shows no sign of By CC S:\0S_Land Division\24-60000097 _ VTTM 7 471 _6220 Morning Drive \01 _Hearing & Noticing Documents\Draft\Templates\ VTTM 7 471 _Exh Con_updated.docx Exhibit "A"
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leakage. If there is evidence of leakage, re-abandonment of the well may be required to the satisfaction of Department of Conservation's Division of Geologic Energy Management (CalGEM), confirmation of which the subdivider shall provide to the Planning Director.
Police power based on public health, welfare and safety.
28. Prior to or concurrently with recordation of any final map containing abandoned oil well, subdivider shall provide a covenant disclosing the location of abandoned oil wells and the 10-foot non-buildable radii shall be recorded. The covenant shall be submitted to the City Attorney and Planning Director for review and approval prior to recordation of the final map.
Police power based on public health, welfare and safety.
29. Prior to recordation of each final map on any phase, the subdivider shall construct a 6 foot high chain link fence, in accordance with City of Bakersfield Subdivision and Engineering Design Manual Standard D - 12 ( aka S-10) including concrete curb, and approved by the City Engineer adjacent to the tower line easement, as measured from highest adjacent grade, along the common property line. The concrete curb may be waived subject to Planning Director approval. A temporary fencing plan may be approved by the Planning Director to facilitate project phasing. [tower line easement] required to satisfy BMC Section 16.32.060 B.8.a and based on a finding to provide for the public health, safety and welfare.
30. Prior to recordation or concurrently with recordation of each final map, subdivider shall create a Homeowners Association (HOA) and CC&Rs for the subdivision, as approved by the City Attorney and Planning Director to maintain the common areas including the private street and private landscaping. Prior to recordation, subdivider shall submit HOA and CC&Rs to the City for review and approval.
Orderly development.
31. Prior to the recordation of a phase containing the Mojave Pipeline, subdivider shall record a covenant on all lots within 250 feet of the Mojave Pipeline, and shall provide a copy to the City and Planning Director for review and approval prior to recordation.
Orderly development.
32. Prior to the recordation of each final map, subdivider shall record a covenant that the property is in the vicinity or is adjacent to a high voltage transmission towers and shall provide a copy to the City and Planning Director for review and approval prior to recordation.
Orderly development.
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33. Subdivider shall be required to comply with clear sight lines per BMC Section 17.08.175 on all corner lots. Prior to recordation of each final map, subdivider shall submit for substantial conformance, a diagram demonstrating the corner lot(s) comply with said section and have an adequate building envelop that meets required setbacks. (Note: if unable to comply, the lot(s) shall be adjusted to comply with clear sight line and other applicable ordinances and be approved by the Planning Director prior to recordation of a final map.)
Required for public safety.
Cultural Resources Impact Mitigation Measures:
34. During construction, if cultural resources are encountered during construction or ground disturbance activities, all work shall immediately cease, and the area cordoned off until a qualified cultural resource specialist can evaluate the find and make recommendations. Project is subject to any recommendations of the qualified specialist.
35. During construction, if human remains are discovered, further ground disturbance shall be prohibited pursuant to California Health and Safety Code Section 7050.5. and Public Resources Code Sections 5097.94, 5097.98 and 5097.99.
Biological Resources Impact Mitigation Measures:
36. BIO-1: Preconstruction Survey A qualified biologist knowledgeable in the identification of special-status and other protected wildlife should conduct a preconstruction survey within 14 days or less prior to disturbance (vegetation removal, grading of topsoil, leveling, laydown and materials storage areas, access routes, etc.) and after completion of protocol or other surveys recommended in Measure BIO-8. A Qualified Biologist is defined as a person with a combination of academic qualifications (minimum of 4 years of university or college education in biological sciences, zoology, wildlife biology, ecology, botany, or environmental science), professional field experience conducting biological surveys, and demonstrated knowledge and skills (i.e., field experience) related to the resources potentially present on the proposed site, including species-specific focused or protocol-level surveys to be conducted. The purpose of the preconstruction survey is to confirm the results of protocol surveys and assess the presence of any specialstatus species or resource considered sensitive under CEQA.
The preconstruction biological survey will consist of walking belt transects spaced at no more than 20m ( 65 feet) to accomplish l 00% coverage of the Project site plus a 250-foot buffer, if accessible. During the survey, all direct and indirect observations of special-status biological resources will be noted if encountered and recorded using a handheld GPS on field forms and/or a mapping program (e.g., ArcGIS Field Maps).
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37. BIO-2: Worker Environmental Awareness Program (WEAP) LGI Homes or developer will develop and implement a WEAP for all personnel that may conduct work on Tract 7471. WEAP trainings will be conducted for each individual prior to their first access onto the Project, and annually thereafter. The program may include an informational video, handouts, and other materials, and should consist of a presentation with material given on-site or off-site by trained personnel (e.g., Qualified Biologist or assigned Company Environmental Specialists}. WEAP trainings shall cover an overview of the laws and regulations governing the protection of biological resources; a description of protected (i.e., special status} species and resources known to occur or with the potential to occur in the Kern River Field; their status and legal protections; what is considered habitat and surface disturbance; biological resource avoidance measures; and a list of designated Project contacts. The program will provide general awareness to workers and supply materials to assist workers in recognizing protected biological resources that may occur on the Project, avoidance measures to protect biological resources, and how to report biological resources if observed. Forms verifying worker attendance should be accessible to City, USFWS and CDFW staff. No untrained personnel should be allowed to work onsite during the construction phase of the Project with the exception of delivery trucks that are only onsite for 1 day or less and are under the supervision of a trained employee.
38. BIO-3: Biological Monitoring. A Qualified Biologist shall be present during initial surface disturbance for project locations where sensitive species have been observed or have the potential to occur based on pre-disturbance and/or focused/protocol biological survey results.
39. BIO-4: Nesting Bird Season. Nesting Bird Season. If initial ground disturbance occurs during nesting season (February 1 to September 15} a qualified avian biologist shall conduct a nesting bird survey to identify any active nests present within the proposed work area. If active nests are found, initial ground disturbance shall be postponed or halted within no disturbance buffers, as shown in Table 4.1. If the no disturbance buffers in Table 4.1 are not feasible, nests will be monitored by a qualified avian biologist who will establish a behavior baseline prior to activities. The qualified avian biologist will establish an avoidance buffer and continuously monitor during project activities, watching for behavioral changes. If any indication of nesting disturbance is observed, the avoidance buffer will be increased until the avian biologist determines that nesting behavior has returned to baseline. Nest monitoring will continue until juveniles have fledged or the nest has been abandoned, as determined by the biologist. The construction avoidance area shall be clearly demarcated in the field with highly visible construction fencing or flagging, and construction personnel shall be instructed on the sensitivity of nest areas. Monitoring will be documented on standardized field forms and provided to the City of Bakersfield for verification of compliance with the Migratory Bird Treaty Act and applicable section of Fish and Game Code (Section 3503.5 and 3513). CDFW may be contacted for guidance regarding alternative avoidance strategies.
40. BIO-5: California legless lizard, California glossy snake,.and San Joaquin coacbwhip. Jf any of these species are identified during initial ground disturbance monitored by the By CC S:\0S_Land Division \24-60000097 _ VJTM 7 471 _6220 Morning Drive \01 _Hearing & Noticing Documents\Draft\Templates\ VJTM 7 471 _Exh Con_updated.docx Exhibit "A"
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qualified biologist, they shall be allowed to leave of their own accord. If they do not leave, they may be moved by a qualified biologist to nearby suitable habitat, out of harm's way.
41. BI0-6: Unidentified Special Status Species If any previously unidentified protected species that is not addressed in this document or any previously unreported protected species are found to be present, occupied areas shall be avoided by a buffer determined by a Qualified Biologist and the City of Bakersfield shall be notified. Any take of protected wildlife shall be reported immediately to USFWS and CDFW.
42. BI0-7: Best Management Practices The following best management practices (BMP) shall be implemented on the Tract 7 471 Project to minimize impacts to resident wildlife in areas adjacent to the Project:
1. During construction, all vehicles will observe a 15 mile-per-hour speed limit unless otherwise posted. Off-road traffic outside designated access routes shall be prohibited. Speed limit signs will be posted at visible locations at regular intervals on all access roads.
2. Construction activities shall occur during daylight hours to the extent feasible.
Initial ground disturbance shall be strictly limited to daylight hours. Nighttime activity shall use shielding or directed lighting to minimize light impacts on adjacent habitat.
3. All food-related trash items and microtrash, such as wrappers, cans, bottles, bottle tops, and food scraps shall be disposed of in closed containers and routinely removed from Project, at intervals of no less than once per week.
4. Herbicide application shall be in accordance with existing laws and manufacturers' instructions (i.e., pesticide/herbicide labels). All herbicide chemicals used must be registered for use in the U.S. and California and must have a label certifying that the U.S. Environmental Protection Agency and the California Department of Pesticide Regulation (DPR) have approved the herbicide for use. Herbicides will not be sprayed within 50 feet of any known California- listed plant occurrence or federal land. No rodenticides shall be used on any project.
5. All open trenches, excavations, and/or holes more than 2 feet deep shall be backfilled or covered at the end of each workday to prevent wildlife entrapment. If an excavation or hole is too large to cover, escape ramps shall be installed at an incline ratio of no greater than 1 :1 for every 500 feet. All trenches and excavations shall be inspected for the presence of wildlife each day prior to the start of work. Before such holes or trenches are filled, workers shall thoroughly inspect excavations and trenches for trapped animals.
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6. All exposed pipes, culverts, and other similar structures with a diameter 3 inches or greater shall be properly capped in order to prevent entry by San Joaquin kit fox or other wildlife. Any of these materials or structures that are left overnight and are not capped shall be inspected prior to being moved, buried, or closed in order to ensure that San Joaquin kit fox or other wildlife are not present. If a listed species is found within pipe, culverts or similar structures, the animal will be allowed to escape that section of its own accord prior to moving or utilizing that segment. All bent pipe with a diameter of 3-inches or greater that cannot be visually inspected for wildlife with 100 percent certainty shall be left in place and monitored by a Qualified Biologist using wildlife cameras and/or tracking material prior to being capped, moved, or buried. If any wildlife is discovered inside a pipe, that section of pipe shall not be moved until the animal vacates the pipe on its own accord.
7. All vertical tubes used in project construction and chain link fencing poles shall be capped to avoid entrapment and death of special-status wildlife and birds.
8. Discovery of State or federally listed species that are injured or dead shall be reported immediately via telephone and within 24 hours in writing to CDFW and/or USFWS Office as applicable.
9. All construction equipment and construction personnel vehicles shall be checked underneath prior to moving, to ensure that no wildlife is under equipment/vehicles. If any individuals are detected beneath equipment or vehicles, the equipment or vehicles will be left in place until the wildlife moves out of harm's way on its own accord.
1 O. All washing of trucks, paint, equipment, or similar activities including concrete washout shall occur in designated areas/facilities where runoff is fully contained for collection prior to off-site disposal. Wash water may not be discharged from the Project, must be stored in a manner that_excludes specialstatus wildlife species, and be located at least 100 feet from any water of the State.
11. To prevent harassment of special-status species, construction personnel shall not be allowed to have firearms or pets on the Project.
12. All food-related trash items such as wrappers, cans, bottles and food scraps generated by Project activities shall be disposed of in closed containers and removed at least once each week from the site. Deliberate feeding of wildlife shall be prohibited.
13. All liquids shall be in closed, covered containers. Any spills of hazardous liquids shall be promptly addressed and not be left unattended until clean-up has been completed.
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14. Any employee who inadvertently kills or injures a listed species, or who finds any such wildlife dead, injured, or entrapped, shall be required to report the incident immediately to a designated site representative (e.g., foreman, project manager, environmental inspector, etc.), except animals killed on state and county roads when such mortality is not associated with Project traffic.
15. In the case of entrapped wildlife that are listed species, contact of a Qualified Biologist and escape ramps or structures shall be installed immediately, if possible, to allow the subject wildlife to escape unimpeded.
16. In the case of injured special-status wildlife, the CDFW shall be notified immediately. During business hours Monday through Friday, the phone number is (559) 243-4017. For non-business hours, report to (800) 952-5400. Notification shall include the date, time, location, and circumstances of the incident.
Instructions provided by the CDFW for the care of the injured animal shall be followed by the contractor onsite.
17. In the case of dead wildlife that are listed as threatened or endangered, the USFWS and the CDFW shall be immediately (within 24 hours) notified by phone or in person and shall document the initial notification in writing within 2 working days of the findings of any such wildlife. Notification shall include the date, time, location, and circumstances of the incident.
18. Prior to commencement of construction on any phase of work, work areas shall be clearly marked with fencing, stakes with rope or cord, or other means of delineating the work area boundaries.
43. 810-8: Prior to surface disturbance or site alteration (vegetation removal, grading of topsoil, leveling, materials storage on site, etc.) on the Tract 7 471 Project, the following focused surveys with accompanying survey buffers shall be conducted. If any of these resources are observed, recommended avoidance buffers are shown in Table 4-1. If 100% avoidance is not likely, CDFW and USFWS shall be contacted for appropriate notification, permitting, and guidance. If federal and/or state authorizations are required to complete species specific surveys, Qualified Biologists will be required to have appropriate USFWS/CDFW authorizations prior to conducting those surveys.
State and Federal Listed and Candidate Species
• Crotch's Bumble Bee (agency protocol): Unless otherwise approved by CDFW, a survey of bumble bees following the methods contained in California Department of Fish and Wildlife Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species (June 6, 2023) shall be conducted during the bumble bee colony active period .(April-Aug.ust) prior.to surface disturbance.
If bumble bees are captured for identification, that activity will be conducted by By CC S:\0S_Land Division\24-60000097 _ vrrM 7 471 _6220 Morning Drive \01 _Hearing & Noticing Documents\Draft\Temptates\ vrrM 7 471 _Exh Con_updated.docx Exhibit "A"
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a person holding a California Scientific Collecting Permit and Memorandum of Understanding to handle any candidate or listed species that could be captured.
Survey buffer: 250 feet.
• Vernal pool fairy shrimp (agency protocol): Unless otherwise approved by USFWS, a survey following USFWS 2017 Revised Survey Guidelines for the Listed Large Branchiopods shall be conducted in the season prior to construction. • Blunt-nosed leopard lizard (agency protocol): The CDFW Approved Survey Methodology for the Blunt-nosed Leopard Lizard (October 2019) or updated protocol(s) shall be implemented to determine whether this species is present.
Surveys are valid for 1 year from the date of completion. Recommended survey buffer: 250 feet.
• San Joaquin kit fox* (agency protocol): Prior to surface disturbance, a survey shall be conducted by a qualified biologist to identify burrows/dens/structures potentially occupied by San Joaquin kit fox following the definitions and timing recommended in U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011). Recommended survey buffer during natal season (January 1-August 31): 500 feet; recommended survey buffer outside of natal season (September 1-December 31); 250 feet.
* A specific note on SJKF: SJKF have shown survival success and persistence is some urban areas of Bakersfield where features suitable for SJKF denning and foraging are found. Implementation of SJKF compatible features in Project design, such as artificial dens, or travel/escape access holes into fenced areas that could be used as denning or foraging areas applied to applicable areas of the Project such as retention basins, fenced utilities stations, or community parks, is highly encouraged.
Voluntary proactive coexistence measures and features for supporting SJKF recovery, implemented with the help of a Qualified Biologist and Agency input, is strongly encouraged to reduce cumulative impacts to SJKF.
• Burrowing owl ( agency protocol): In the survey season prior to commencement of construction, surveys described in Staff Report on Burrowing Owl Mitigation (CDFG 2012) (Staff Report) should be implemented. Should a burrowing owl or known burrowing owl den (active or inactive) be detected, either during preconstruction surveys or construction activities, no-disturbance buffers outlined in the Staff Report and included in Table 4.1 shall be implemented prior to and during any ground-disturbing activities.
44. B1O-9: If any state or federal listed species other than blunt-nosed leopard lizard are found to occupy the Project during any of the recommended surveys above or take of any of these species may occur (e.g;, San Joaquin kitfox known or natal den is present), CDFW and/or USFWS (depending on listing status) shall be contacted By CC S:\05_Land Division\24-60000097 _ VTTM 7471 _6220 Morning Drive\01 _Hearing & Noticing Documents\Draft\Templates\ VTTM 7471 _Exh Con_updated.docx Exhibit "A"
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regarding whether incidental take authorization is required from each agency.
Incidental take authorization shall include additional minimization measures, such as passive relocation, avoiding natal periods, and habitat compensation for the temporary or permanent loss of the subject habitat.
45. BIO-1 0: If blunt-nosed leopard lizard is found to occupy the Project, in addition to contacting the USFWS regarding federal status per BIO-9, a qualified biologist shall prepare a blunt-nosed leopard lizard avoidance plan for submittal to CDFW that identifies measures to be implemented to avoid take as required under this species' fully protected status, unless incidental take authorization is subsequently issued prior to construction.
46. BIO-11: American Badger
• American badger (no agency protocol): During the preconstruction survey, a qualified biologist shall determine whether American badger dens are present.
American badger burrows shall be monitored following methods for San Joaquin kit fox dens. American badger natal dens shall be avoided by a buffer of 500 feet unless otherwise specified by CDFW until the young are no longer dependent on the adults. If American badger dens remain active after the recommended monitoring period, den use may be discouraged by partially blocking the entrance to the den or using passive relocation techniques specified by CDFW.
Recommended survey buffer: 250 feet.
Table 4.1. Protected Biological Resources - Recommended Avoidance Buffers Crotch's bumble bee nest 50 feet or implement CDFW
recommended buffer
Blunt-nosed leopard lizard observation Work may not proceed until BIO-9 and BIO-10 have been completed
Swainson's hawk active nest (March 15-September 15) ¼-mile Swainson's hawk documented nest tree (outside of nesting season) 50 feet San Joaquin kit fox potential den or suitable pipe 50 feet San Joaquin kit fox known den 100 feet
San Joaquin kit fox atypical den 50 feet
San Joaquin kit fox natal den 500 feet
San Joaquin kit fox natal den (unoccupied/outside of natal season) 100 feet Burrowing owl active or inactive burrow (high impact level) April 1-August 15: 1,640 feet August 16-October 15: 1,640 feet
October 16~March 31: 1,640 feet
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Special-status Resource
Non-listed nesting birds (non-raptors)
Non-listed raptors
Listed/protected raptors
American badger occupied natal den
American badger occupied den
Avoidance Buffer*
250 feet
500 feet
½-mile
200 feet
50 feet
*Unless incidental take authority authorizes encroachment or appropriate agency concurrence for a reduced buffer is received.
Air Quality Impact Mitigation Measures:
47. SJVAPCD Required PM10 Reduction Measures
As the Project would be completed in compliance with SJV APCD Regulation VIII, dust control measures would be taken to ensure compliance specifically during grading and construction phases. The required Regulation VIII measures are as follows:
► Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the site or approaches 20% opacity.
► Water all unpaved haul roads a minimum of three-times/day or whenever visible dust from such roads is capable of drifting from the site or approaches 20%opacity. ► Reduce speed on unpaved roads to less than 15 miles per hour. ► Install and maintain a track out control device that meets the specifications of SJV APCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicles with three or moreaxles . ► Stabilize all disturbed areas, including storage piles, which are not being actively utilized for production purposes using water, chemical stabilizers or by covering with a tarp or other suitable cover.
► Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking .
► When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions.
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► Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expresslyforbidden).
► Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. ► Remove visible track-out from the site at the end of each workday. ► Cease grading or other activities that cause excessive (greater than 20% opacity) dust formation during periods of high winds (greater than 20 mph over a one-hour period) .
48. Measures to Reduce Equipment Exhaust
In addition, the GAMAQI guidance document lists the following measures as approved and recommended for construction activities. These measures are recommended:
► Maintain all construction equipment as recommended by manufacturer manuals. ► Shut down equipment when not in use for extended periods. ► Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment.
► Curtail use of high-emitting construction equipment during periods of high or excessive ambient pollutant concentrations.
► All construction vehicles shall be equipped with proper em1ss1ons control equipment and kept in good and proper running order to substantially reduce NOx emissions.
► On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines.
► On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. ► All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or to remain on-site during lunch breaks. ► All construction activities within the project area shall be discontinued during the first stage smog alerts.
► Construction and grading activities shall not be allowed during first stage 03 alerts.
First stage 03 alerts are declared when the 03 level exceeds 0.20 ppm ( 1-hour average).
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49. Other Measures to Reduce Project Impacts
The following measures are recommended to further reduce the potential for longterm emissions from the Project. These measures are required as a matter of regulatory compliance:
► The Project design shall comply with applicable standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. ► Applicants shall be required to comply with applicable mitigation measures in the AQAP, SJVAPCD Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the SJV APCD.
► The developer shall comply with the provisions of SJVAPCD Rule 4601 -Architectural Coatings, during the construction of all buildings and facilities. Application of architectural coatings shall be completed in a manner that poses the least emissions impacts whenever such application is deemed proficient. ► The applicant shall comply with the provisions of SJV APCD Rule 4641 during the construction and pavement of all roads and parking areas within the project area. Specifically, the applicant shall not allow the use of:
• Rapid cure cutback asphalt;
• Medium cure cutback asphalt;
• Slow cure cutback asphalt ( as specified in SJV APCD Rule 4641, Section 5.1.3); or Emulsified asphalt ( as specified in SJV APCD Rule 4641, Section 5.1.4). • The developer shall comply with applicable provisions of SJV APCD Rule 9510 (Indirect Source Review).
Traffic/Circulation Impact Mitigation Measures
50. Prior to issuance of building permits, the applicant/developer shall pay the Regional Transportation Impact Fee Program.
51. Prior to issuance of building permits and if necessary as determined by the City Engineer, the applicant/developer shall obtain a street permit or get approved a Traffic Control Plan from the City Public Works Department.
Added by the Planning Commission on 5/1 /25
52. Subdivider shall follow the Valley Fever Guidelines from the Kern County Public Health Dept.
This condition added by the Planning Commission on 5/1/25 to document applicant's agreement to follow the Kern Co Health Dept. Valley Fever Guidelines.
By CC S:\0S_Land Division\24-60000097 _ VTTM 7 471 _6220 Morning Drive \01 _Hearing & Noticing Documents\Draft\Templates\ VTTM 7471 _Exh Con_updated.docx Vesting Tentative Tract Map
7471
CITY OF BAKERSFIELD
A R-1
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R-1 One Family Dwelling 6,000 sq.ft. min lot size
R•l-4.S One Family Dwelling
4,SOO sq.ft. min lot size
E Estate
10,000 sq.ft. min lot size
R-S Residential Suburban
24,000 sq.ft./dwelling unit
R-S-( ) Residential Suburban
1, 2.S, Sor 10 min lot size
R-2 Limited Multiple Family Dwelling
4,SOO sq.ft. min lot size (single family)
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min lot size
1,250 sq.ft. lot area/dwelling unit
R-4 High Density Multiple Family Dwelling
6,000 sq.ft. min lot siie
600 sq.ft. lot area/dwelling unit
R-H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A-20A Agriculture
20 acre min lot size
A-WR Agriculture-Water Recharge
Combining
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome C-0 Professional & Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commercial C-C Commercial Center
C-B Central Business
PCD Planned Commercial Development
M-1 Light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlay
OS Open Space
HOSP Hospital Overlay
AD Anhite<tural Design Overlay
FP,P Floodplain Primary
FP-S Floodplain Secondary
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citiren Overlay
HD Hill5ide Development Combining
WM West Ming Specific Plan
Exhibit B
0 BAKERSFIELD
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3/24/2025
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Exhibit C
VESTING TENTATIVE TRACT MAP NO. 7471
crry OF BAKEASFIELO, CALIFORNIA
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LOCATION
PANORAMA DRIVE
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PALADINO DRIVE
6' BLOCK WALL
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C
41' 1t1 S't
48'1064'
MORNING ·~ DRIVE & PALADINO DRIVE 110' STREET SECTION. ARTERIAL NOTTO SCALE LOT D - PRIVATE PASEO LANDSCAPE LOT SHALL BE LANDSCAPED WITH GRASS, PLANTS AND MEANDERING SIDEWALK. NOTTO SCALE PRIVATE PASEO TYPICAL SECTION LANDSCAPE LOT SHALL BE LANDSCAPED Willi GRASS. PLANTS AND MEANDERING SIDEWALK, N01'TOSCALE
·~ MOJAVE PIPELINE CROSSING ON MORNING DRIVE 110' STREET SECTION-ARTERIAL NOTTO SCALE F PRIVATE PASEO TYPICAL SECTION LANDSCAPE LOT SHALL B6 LANDSCAPED WITH GRASS, PLANTS AND MEANDERING SIDEWALK.
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Exhibit C
VESTING TENTATIVE TRACT MAP NO. 7471
ALTERNATE STREET NAMES
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CITY OF BAKERSFIELD, CALIFORNIA
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Page | 1
MEMORANDUM
DATE: August 13, 2025
TO: Honorable Mayor and Councilmembers
FROM: Phillip Burns, Development Services Director
SUBJECT: Council Meeting of August 13, 2025
Agenda Item 9.a – Vesting Tentative Tract Map 7471 (Appeal) Staff is recommending this item be continued to the Council’s regular meeting of September 10, 2025.
The continuance is to provide a proper description of the project, including the environmental document proposed on the agenda.
This memorandum also transmits additional correspondence that was submitted subsequent to preparation of the Administrative Report for tonight’s meeting. On August 8, 2025, the Sierra Club submitted a letter. On August 13, 2025, Lozeau Drury LLP submitted correspondence. Both letters are attached.
Attachments
Letter from Sierra Club
Letter from Lozeau Drury LLP
1 P.O. Box 3357
Bakersfield, CA 93385
August 8, 2025
VIA ELECTRONIC MAIL
City of Bakersfield
Development Services Department
Attention: Courtney Camps
1715 Chester Avenue
Bakersfield, California 93301
Re: Vesting Tentative Tract Map 7471
Dear Planners:
As additional input for the August 13 Appeal hearing before the Bakersfield City Council, the Sierra Club offers comments about the above project intended to supplement earlier letters on this project.
BIOLOGICAL RESOURCES
In the Cumulative Impact Section 5.2 of the Metropolitan Bakersfield General Plan (MBGP) Update EIR, it is stated, “MBHCP and implementing agreements and ordinances provide a method of collecting funds for the acquisition and enhancement of habitat lands for purposes of creating preserves. Development projects within the Planning area and County would pay mitigation fees that would be used to buy habitat lands.” Thus the 2002 MBGP depends upon the now-expired Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) for its biological resource cumulative insignificance conclusion. Now that the MBHCP is no longer in effect, the City can no longer rely on the MBGP and must therefore conduct its own analysis of project impacts on protected species and find alternatives or another way to effectively mitigate significant loss of protected species habitat.
2 From the August 2024 Biological Resource Evaluation for this Tract 7471:
• “The cumulative effects of ongoing urbanization and habitat loss of the Bakersfield area should be immediately evaluated for potential significant longterm effects that may consequently have substantial impacts to special status species.”
• “Habitat loss and fragmentation can have cumulatively negative effect on biodiversity and special status species (Johnson and Klemens 2005). As Bakersfield urban development continues to sprawl, and the surrounding habitat is permanently altered, species that once occurred in the area are increasingly becoming extirpated (CNDDB 2024).”
• “This report does not include a cumulative impact analysis from general successive urban Bakersfield development, habitat fragmentation, or corridor disruption. Cumulative impacts to biological resources from this Project and other projects in the vicinity would be potentially significant.” The MND is defective and violates CEQA in that it has not described and assessed the significance of the “cumulative effects of ongoing urbanization and habitat loss” on protected species. Loss of habitat is a major reason for species decline. Moreover, now that the Metropolitan Bakersfield Habitat Conservation Plan is no longer in effect, the City must find another way to effectively address the Project’s contribution to cumulative habitat loss. “Potentially significant” cumulative impacts to biological resources and viable mitigation measures for these impacts (including purchase of replacement habitat) should be studied in a full EIR. Moreover, the EIR must evaluate potentially feasible alternative locations that could avoid or minimize the Project’s impacts on rare and protected species and their habitat.
AIR POLLUTION
Regarding the January 29, 2025, Trinity Consultants’ letter responding to Sierra Club comments on the cumulative air pollution impact of the Tract 7471 project:
• Trinity incorporates by reference the old (but currently in effect) 2002 Metropolitan Bakersfield General Plan (MBGP) Update Program Environmental Impact Report. In the Cumulative Impact Section 5.2 of this MBGP EIR, it is stated, “However, even with mitigation, air quality impacts would remain cumulatively significant. Development under the General Plan Update would create unavoidable significant impacts related to construction, mobile sources and stationary sources, and inconsistency with the AQAP” (emphasis added).
The cumulative air quality insignificance conclusion for this project must be reevaluated in the light of the MBGP significance conclusion. 3 • The Trinity letter states, “To provide an adequate discussion of significant cumulative impacts, a list approach is used …”, and “A cumulative project list was incorporated by reference above from the Metropolitan Bakersfield General Plan Update Program Environmental Impact Report.” Trinity is in error. No such cumulative project list appears in the old 2002 MBGP EIR. Even if there were such a list from 2002, it would be completely stale, inaccurate and unreliable because it would not take account of the incredible growth in NE Bakersfield since then, growth that must be factored into any cumulative impact analysis. To rely on any project list that may have been evaluated by the MBGP EIR for this MND, the City must make a finding that the MBGP EIR’s Project list is adequate for present purposes. (Pub. Res. Code § 21155.2.) The MND and Trinity letter completely ignore this requirement and instead merely assume the list of projects (which Sierra Club maintains does not exist) is reliable for the purpose of analyzing the Project’s cumulative air quality impacts. • The AQIA for this project relies heavily on Kern County’s Guidelines for Preparing an Air Quality Assessment for Use in Environmental Impact Reports. If the City is serious about using a “list approach” as above, for the assessment of localized cumulative air quality impacts, Kern County’s Guidelines for Preparing an Air Quality Assessment for Use in Environmental Impact Reports require that the assessment “shall include” a list of projects located within a one-mile and six-mile radius of the Project boundaries. There are many such projects, some of which were referenced in the December 30, 2024, Sierra Club letter on this project.
The MND is defective in that it has not included such a list as well as an assessment of the cumulative air pollution impacts of the projects on such a list. • The City continues to illogically assert that project-specific insignificance implies cumulative insignificance, violating the very meaning of cumulative impacts and counter to the SJVAPCD’s Guide for Assessing and Mitigating Air Quality Impacts as noted in the December 30, 2024, Sierra Club letter on this project.
To help address the cumulative impact of Tract 7471 on air quality, the City should place a requirement that the developer reduce project emissions to zero by entering into a Developer Mitigation Contract with the SJVAPCD.
CLIMATE CHANGE
In spite of the scientific consensus, the MND seems to have a bias against accepting the reality and seriousness of the climate crisis.
• In an apparent attempt to declare that the State has overreached its authority, the AQIA considers SB 32 and SB 100 to be “drastic”. On page 4-10, the AQIA declares, “Senate Bill 32 (Lara, 2016) requires that GHG emissions be 40 4 percent less than 1990 levels by 2030. More drastic still, Senate Bill 100 (de Leon, 2018) which was signed by the Governor recently requires 100 percent zero-carbon electricity by 2045 (emphasis added).”
• On page 4-10, the AQIA states, “Clearly, the 2008 Guidance may be somewhat inadequate in producing a meaningful comparison by today’s standards which propose a grand vision that, if achieved, would fundamentally change how business is conducted and citizens live in the State (emphasis added).” The “grand vision” seems to be State law which an objective MND would follow without being judgmental.
• On page 4-10, the AQIA mysteriously concludes that project GHG emissions should not be evaluated because of economic considerations: “Thus, as discussed in the most recent updates to the Scoping Plan, objectives of the Scoping Plan affect entire sectors of the economy and it no longer makes sense to evaluate GHG emissions on a project level.” The AQIA is deficient in that it does not present substantial evidence for this conclusion. • On page 4-11, the AQIA inappropriately jumps a huge logical gap and ignores scientific evidence to conclude that the project’s cumulative impact to climate change is insignificant. “In summary, this approach takes into account the cumulative nature of the energy industry and recognizes that consumers of electricity and diesel fuel are in effect regulated by higher level emissions restrictions on the producers of these energy sources. Therefore, the project’s contribution to cumulative global climate change impacts would not be cumulatively considerable.” The City must present substantial evidence that energy industry regulation implies that other projects like this one need not address climate change. Moreover, the MND must discuss the extent to which the proposed federal rules that relax the regulations that apply to gas and coalfired power plants may result in higher emission of GHGs which in turn could affect California’s ability to meet its GHG reduction targets. • Moreover, the MND must analyze the potential impacts of President Trump and Congress’s actions to block California’s mandates to phase out gas-powered cars and clean up diesel trucks. Although California has filed a lawsuit to challenge these actions, the federal action to block California’s ability to set emission standards could seriously undermine of the State’s main tools achieve significant GHG reductions. (See,
https://calmatters.org/environment/2025/06/california-sues-trump-blocking-cleanair-rules-cars/). • On the next page, the AQIA contradicts itself and grudgingly admits that the project’s cumulative impact to climate change “may be considered” significant.
On page 4-12, the AQIA states, “Given the position of the legislature in AB32 which states that global warming poses serious detrimental effects, and the requirements of CEQA for the lead agency to determine that a project not have a cumulatively considerable contribution, the effect of the Project’s CO2 contribution may be considered cumulatively considerable. This determination is 5 “speculative,” given the lack of clear scientific evidence or other criteria for determining the significance of the Project’s contribution of GHG to the air quality in the SJVAB.” CEQA does not contain a “may be considered” option for a project’s impacts; this is an attempt to cast doubt on the urgency and importance of the climate crisis and to perhaps minimize mitigation for the impact. These statements must be revised to unequivocally declare that the Project’s cumulative climate impacts will be significant and then consider appropriate mitigation measures and alternatives. See the citations in the December 30, 2024, Sierra Club letter for clear scientific evidence that this project’s contribution to global climate change is cumulatively significant.
• Nevertheless, the MND is willing to speculatively conclude that the project’s cumulative GHG emissions are not cumulatively considerable. The City must clarify these contradictory statements.
Conclusions based on unacceptable bias must be approached with skepticism. The City must require a full EIR that reflects scientific objectivity and impartiality.
Regarding the January 29, 2025, Trinity Consultants’ letter responding to Sierra Club comments on the cumulative greenhouse gas emissions impact of the Tract 7471 project:
• The Trinity letter states, “the effect of the proposed Project’s GHG contribution may be determined to be cumulatively considerable. This determination is speculative, given the lack of clear scientific evidence or other criteria for determining the significance of the proposed Project’s contribution of GHG to the air quality in the San Joaquin Valley Air Basin.” Nevertheless, the MND is willing to speculatively conclude that the project’s cumulative GHG emissions are not cumulatively considerable. The City must clarify these contradictory statements. • In the December 30, 2024, Sierra Club letter, the Sierra Club presented overwhelming “clear scientific evidence” that this project’s release of GHG emissions to the atmosphere is inherently cumulatively significant. In spite of Trinity’s assertion, conclusions of the IPCC, for example, are based on solid science and are not speculative.
• The response did not address the lack of a cumulative projects list. There are many such projects, some of which were referenced in the December 30, 2024, Sierra Club letter on this project. The MND is deficient in not having considered a cumulative list of area projects as well as an assessment of the cumulative climate change impacts of the projects on such a list.
• SB 32 requires that statewide greenhouse gas emissions be reduced to 40% below the 1990 level by 2030. The MND is deficient in not having addressed this requirement. The response indicates that the project is aligned with “2022 AB 32 6 Climate Change Scoping Plan”. Since the City has not required any of the measures in the 2022 Scoping Plan, this “alignment” seems mysterious. We have listed four such 2022 Scoping Plan measures in the December 30, 2024, Sierra Club letter on this project. If the City is serious about aligning with the 2022 Scoping Plan, the environmental documents must evaluate these and other potential mitigation measures in order to require sufficient mitigation to substantially reduce the cumulative impact of the project on the climate crisis.
Moreover, the MND must include a serious analysis of whether California would be able to attain its long-term GHG reduction targets in light of federal action to block California’s ability to phase out gas-powered cars and require clean and more efficient diesel trucks.
Please place the Sierra Club on the distribution list for this project to receive any noticing of meetings, hearings, availability of documents, and to receive the environmental documents. We prefer email communications and electronic formatting of documents. Thank you for your consideration and for the opportunity to comment.
Sincerely,
Gordon L. Nipp, Ph.D.
Vice-Chair
[email protected]
661-872-2432
August 12, 2025
VIA EMAIL
Manpreet Kaur, Vice Mayor
Eric Areas, Councilmember
Andrae Gonzales, Councilmember
Ken Weir, Councilmember
Bob Smith, Councilmember
Larry Koman, Councilmember
Zack Bashirtash, Councilmember
Bakersfield City Council
1501 Truxtun Avenue
Bakersfield, CA 93301
[email protected]
Julie Drimakis, CMC, CPMC
Bakersfield City Clerk
First Floor
1600 Truxtun Avenue
Bakersfield, CA 93301
[email protected]
Re: Appeal of Vesting Tentative Tract Map 7471 and Mitigated Negative Declaration; August 13, 2025 City Council Agenda Item 9.a Dear Vice Mayor Kaur and Honorable City Council Members:
This comment is submitted on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”) and its members living and working in and around Bakersfield regarding Vesting Tentative Tract Map (“VTT”) 7471 and the Mitigated Negative Declaration (“MND”) prepared for VTT 7471 (collectively, “Project”). On May 9, 2025 the Sierra Club appealed the May 1, 2025 Bakersfield Planning Commission’s approval of VTT 7471 and MND because the MND violated CEQA (the “Appeal”). SAFER fully supports the Sierra Club’s Appeal of the Project and MND. The Appeal is scheduled to be heard as Agenda Item 9.a at the City Council’s August 13, 2025 meeting.
SAFER has reviewed the MND, the Appeal, and the written comments submitted by others in opposition to the Project and inadequacies of the MND including comments by the Sierra Club and the California Department of Fish and Wildlife (“Opposition Comments”).
SAFER agrees with and joins in the analysis and conclusions of the Opposition Comments.
In particular, SAFER requests that the City ensure that climate change impacts and impacts to special status species and habitats are adequately disclose, analyzed, and mitigated.
SAFER respectfully requests the City Council grant the Sierra Club’s Appeal and refrain from approving the Project and MND at this time. Instead, SAFER requests the City Council direct staff to prepare a revised MND or an environmental impact report for the August 12, 2025
Appeal Re: Vesting Tentative Tract Map 7471 and MND
Project to ensure all impacts are fully disclosed, analyzed, and mitigated in compliance with the California Environmental Quality Act.
Approval of the MND at the August 13, 2025 City Council Meeting Would Violate the Brown Act
The Brown Act requires the legislative body of any city, county, or other local agency to meet and conduct its business in public. (Gov. Code sec. 54953(a). The agency must post an agenda 72 hours before any regular meeting. (Gov. Code sec. 54954.2(a)(1).) The agenda must contain “a brief general description of each item of business to be transacted or discussed at the meeting.” (Id.)
Agenda Item 9.a of the City Council’s August 13, 2025 agenda states:
Public Hearing to consider a resolution for Vesting Tentative Tract Map 7471 (Phased)
San Joaquin Engineering, Inc., representing LGI Homes – California, LLC., is proposing to subdivide 83.97 acres into single-family residential lots and various private and public lots for streets, landscaping, and other ancillary uses in the R-1 (Single-Unit Dwelling) zone located at the southwest corner of Morning Drive and Paladino Drive. Gordon Nipp, representing the Sierra Club, submitted an appeal to the Planning Commission’s approval of the request. (Ward 3)
City staff recommends denying the appeal and upholding the Planning Commission’s decision to approve Vesting Tentative Tract Map No. 7471.
Agenda Item 9.a makes no mention of the City Council considering approval or an appeal regarding a mitigated negative declaration for the Project. Accordingly, acting to approve or adopt the MND would violate the Brown Act. Any action by the City Council regarding the MND must be taken at a future meeting, following legally adequate notice under the Brown Act.
Moreover, since CEQA review must occur prior to project approval, approval of the Project before adopting the MND would violate CEQA. (Pub. Res. Code §21091(f); CEQA Guidelines §15074(d); Citizens for Responsible Government v. City of Albany (1997) 56 Cal.App.4th 1199.)
Sincerely,
Rebecca Davis
LOZEAU | DRURY LLP
ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: Deferred Business TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: August 7, 2025
SUBJECT: Potential Amendment to Charter to Increase Council Salary *This Item is also slotted for the 3:30 City Council meeting. If the item concludes at the 3:30 Meeting, it may be pulled from further consideration.
RECOMMENDATION:
Council feedback and direction. *This Item is also slotted to be heard at the 3:30 City Council meeting. If the item concludes at that time, it may be pulled from further consideration.
BACKGROUND:
The City Attorney will provide a PowerPoint presentation and look to City Council for feedback and direction.
FISCAL IMPACT:
Fiscal Impact will be determined pending Council direction.
COUNCIL GOAL:
Innovative and Efficient City Government
ADMINISTRATIVE REPORT
MEETING DATE: August 13, 2025 AGENDA CATEGORY: New Business TO: Honorable Mayor and City Council
FROM: Christian Clegg
DATE: August 13, 2025
SUBJECT: Street Name Change of H Street to Cesar Chavez Boulevard City Council to discuss street name change and provide direction to staff.
RECOMMENDATION:
Staff recommends that the City Council provide direction for the renaming of a city street to Cesar Chavez Boulevard.
BACKGROUND:
In response to two Council referrals made in 2024, staff have conducted analysis and outline below the process for renaming a city street.
The street renaming process is governed by City Council policy, as adopted by Resolution. The most recent update to that policy was completed in 2021. The policy outlines three different categories for renaming consideration. The Council referral, for Cesar Chavez Boulevard, falls within Category 1 of the policy, a renaming for an individual for which a federal or state holiday is observed. Category 1 renaming requires an application for consideration but does not require additional petitions or signatures from property owners. The costs for replacing street signs for Category 1 are also to be borne by the city.
The Planning Commission is the approval agency for street name changes. Decisions are final at the planning commission and are appealable to the City Council. The City of Bakersfield can act as an applicant for street renaming requests, as was the case in the most recent street renaming from Cottonwood Road to Martin Luther King, Jr. Boulevard.
The 2024 referrals from the Council requested that staff analyze and develop a list of major thoroughfares to be considered for renaming. Staff analysis focused on arterials and considered the following:
Historical and local significance of existing street name Number of vehicle trips
Number of existing addresses (commercial and residential) Number of major intersections
Interchanges with state or federal highways
Length of street
Geographic location and orientation of the street
Staff considered both north/south and east/west arterials within the city. It is worth noting that all east/west arterials reviewed have existing street names with local historical significance. Many north/south arterials also have names with local historical significance. Based on the criteria noted above, staff conducted additional analysis for H Street, Union Avenue, Mt. Vernon Avenue, and Monitor Street.
Staff determined that the street that aligns closest to the criteria outlined above is H Street. Staff seeks Council direction on the scope of the name change for H Street.
Pending Council direction, staff is prepared to take further action including:
Complete an application for a Category 1 street renaming on behalf of the City Submit the renaming application and present on a Planning Commission agenda Initiate community engagement for the renaming process ahead of Planning Commission determination
Identify fiscal impacts to businesses and recommend a cost mitigation program Finalize fiscal impact analysis for changing street name signs Finalize the location and scope of the street renaming proposal FISCAL IMPACT:
Staff anticipate minimal costs to the General Fund for the replacement of street signs. The financial impact is anticipated to be greater for updating City maps and emergency operations system data. Potentially appropriating additional funds for a cost mitigation program for local businesses updating their addresses is the most costly aspect of the street renaming. As noted above, further analysis of both cost implications is included in the pending Council direction related to this item.
COUNCIL GOAL:
Community Character & Quality of Life
ATTACHMENTS:
Exhibit A – Street Renaming Resolution
RESOLUTION NO. 2 42- 0 4 i t)
AMENDMENT NO. 1 TO RESOLUTION NO. 242- 04
AMENDING RESOLUTION 198. 89 CONCERNING THE
CHANGING OF STREET NAMES ( COUNCIL POLICY 6. 2).
WHEREAS, the Council of the City of Bakersfield adopted Resolution No. 58- 96 thereby adopting a City Council Policy and Procedural Manual (" Manual" herein); and
WHEREAS, Manual serves as a guideline to govern the actions, conduct and business of the City of Bakersfield and its City Council; and WHEREAS, certain policies and procedures of Manual have become antiquated and require either clarification, updating, or repeal; and WHEREAS, City Council directed City Attorney to update Chapter Six of Manual.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
The above recitals are true and correct and incorporated herein by reference.
2. Resolution No. 242- 04 re: STREET NAME CHANGES is hereby updated and amended to read as follows:
1) Street name changes may be proposed by the Planning
Director, pursuant to the director' s responsibility to maintain the City' s address system, in consultation with the Public Works Director, Police Chief, and Fire Chief to correct mistakes, to accomplish a more efficient emergency response program, or to comply with any federal, state or local law, rule or regulation.
2) For purposes of considering street name changes, the following categories shall determine which general policy will be applied.
Cafeaory 1:
Changes for streets to be named after individuals, service organizations or other humanitarian entities for which federal
Resolution Amending Section 6. 2 Resolution No. 242-04" Exhibit A
or state holidays are observed.
Category 2:
Changes for streets to be named after individuals who have been deceased no less than five years or service organizations or other humanitarian entities which have been out of
existence for no less than five years and whose lives or services have been exemplary and brought honor and recognition to the City.
Cateaory 3:
Changes for streets to be named after individuals who are living or service organizations or other entities which are still in service and whose lives or services are exemplary and have brought honor and recognition to the city.
3) Applications to rename streets after accident victims, corporate names, or slogans will not be accepted for
consideration.
A. GENERAL POLICIES
1 J Approval Agency
a. Planning Commission is the approval agency
for street name changes. Decisions are final at
the planning commission and are appealable
to the City Council subject to the requirements
of Sections 17. 64. 139 of the Bakersfield
Municipal Code.
b. Panning Commission action will be taken at an
advanced public hearing.
2) Application requirements
a. Category 1 requests shall be by application on
forms supplied by the City. A petition in support
of the application is not required.
b. Category 2 requests shall be by application on
forms supplied by the City. The application shall
include a petition signed by owners of 51% of
the businesses of commercial or industrially
Resolution Amending Section 6. 2 Resolution No. 242-04
C MO W, 4L
Exhibit A
zoned property or by owners of more than 51%
of the property of residentially zoned property
or property on streets containing a mixture of
residential and any other zone.
C. Category 3 requests shall be by application on
forms supplied by the City accompanied with a
filing fee. The application shall include a petition
signed by owners of 75% of the businesses of
commercially or industrially zoned property or
owners of 75% of the properties of residentially
zoned property or property on streets
containing a mixture of residential and any
other zone.
d. The petition requirement and inclusion by one
of the three categories qualify the application
for acceptance and processing for public
hearing before the Planning Commission.
Approval or denial of the application will be
based on the supporting evidence submitted
by the applicant, staff analysis of the request
and public hearing testimony.
4) Responsibility for cost of application, appeal of decision and sign replacement:
a. Category 1 name change requests will be borne by the City.
b. Category 2 and 3 name changes request must be borne by the applicant.
c. Appeal of the decision under any category must be borne by the appellant.
d. The application fee shall be set by the City Council. Such fees will be reviewed with the annual evaluation of the cost recovery program.
e. The cost of replacing street signs will be borne by the applicant.
5) Appeals may be filed by the applicant or owners of property whose addresses would be changed or any person aggrieved. c. s
Resolution Amending Section 6. 2 Resolution No. 242-04- r.RiFJNAL Exhibit A
3. This Resolution shall become effective and in full force upon final passage.
0000000-------
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 SEP 01 2021 , by the following vote:
VE COUNCILMEMBER. ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
C
JULI DRIMAKIS, MMC
CITY CLERK and EX OFFICIO CLERK of
the Council of the City of Bakersfield
APPROVED
SEP 01 2021
By 4
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINI ENNARO
City Att rney
By4V GINIAENNARO
City Attorney
VG:ag S:ACOUFCloRescs"' rACOUNCIL PO: ICY A PROCIDURE MANUNL- IARP11A62Ano- dR- 2C2OIC- 1al Poll cies. Resa. tlou
Resolution Amending Section 6. 2 Resolution No. 242-04
Exhibit A