RESOLUTION NO. _____________
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DENYING THE
APPEAL AND A PPROVING VESTING TENTATIVE TRACT MAP 7450
(PHASED) LOCATED AT THE SOUTHWEST CORNER OF OLIVE DRIVE AND ROSEDALE RANCH PARKWAY IN NORTHWEST BAKERSFIELD.
WHEREAS, McIntosh & Associates representing Opal Land Company Co - Ownership Interests, LLC & BGM, LLC & 7-G’s Investment Group, filed an application with the City of Bakersfield Development Services Department Planning Division requesting approval of Vesting Tentative Tract Map 7450 (Phased). The proposed subdivision would consist of 176 lots and 5 public landscape lots on 32.66 acres located at the southwest corner of Olive Drive and Rosedale Ranch Parkway in northwest Bakersfield, as shown on attached Exhibit “B” (the “Project”); and
WHEREAS, the application was deemed complete on November 20, 2024; and
WHEREAS, the Secretary of the Planning Commission, did set, Thursday, January 16, 2025, at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the Project. Subsequent to setting the project for consideration, Staff requested VTTM 7450 be referred back for readvertising and public notification; and
WHEREAS, the Secretary of the Planning Commission, did set, Thursday, February 20, 2025, at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the Project. Subsequent to setting the project for consideration, Staff requested VTTM 7450 be refer red back to respond to address comments and for further environmental evaluation; and
WHEREAS, the Secretary of the Planning Commission, did set, Thursday, July 17, 2025, at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the Project, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and
WHEREAS, After the July 17, 2025 public hearing concluded, the Planning Commission unanimously approved the project, with Blaine Neptune representing McIntosh and Associates, Inc. and Tom Dee representing Opal Land Company Co - Ownership Interests, LLC & BGM, LLC & 7 -G’s Investment Group, LLC present in support.
Eddy Laine representing the Sierra Club was present to voice opposition. Notably, two Commissioners were absent during the vote (Resolution 35-25); and
WHEREAS, On July 25, 2025, Sierra Club, the appellant, filed a written appeal with the City Clerk to the Planning Commission’s decision to approve the Project; and
WHEREAS, the City Council, through the City Clerk, did set the time and place of the public hearing as Wednesday, September 10, 2025, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, to consider the appeal, and notice of the public hearing was given in the manner provided in Title 16 of the Bakersfield Municipal Code; and
WHEREAS, during the September 10, 2025 , public hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Planning Commission’s action; and
WHEREAS, staff has determined the Project will not significantly effect the environment and, pursuant to State California Environmental Quality Act (CEQA) Guidelines Section 15162, the Mitigated Negative Declaration (MND) is adequate and no further environmental documentation is necessary; and
WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff , the Planning Commission, and City Council; and
WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and
WHEREAS, the facts presented in the staff report, environmental review, and evidence received both in writing and by verbal testimony at the above- referenced public hearing support the findings contained in this resolution; and
WHEREAS, the Council has considered and hereby make the following finding:
1. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing.
2. A Mitigated Negative Declaration for the Project is the appropriate environmental document to accompany its approval. In accordance with the State CEQA Guidelines, staff prepared an initial study and indicated that because mitigation measures relating to biological resources, cultural resources and air quality analysis have been incorporated into the Project, the Project will have less than significant impact on the physical environment.
3. The proposed map is consistent with applicable general and specific plans as specified in Section 65451.
4. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
5. The site is physically suitable for the type of development.
6. The site is physically suitable for the proposed density of development.
7. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
8. The design of the subdivision or type of improvements is not likely to cause serious public health problems.
9. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
10. 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.
11. Mineral right owners' signatures may be waived on the final map pursuant to Bakersfield Municipal Code Section 16.20.060 .A.1. The applicant has provided evidence with the Project application that it is appropriate to waive mineral right owners’ signatures because in accordance with BMC Section 16.20.060 A.1., the party’s right of surface entry has been waived by recorded document prior to recordation of any final map.
12. The conditions of approval are necessary for orderly development and to provide for public health, welfare, and safety.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals and findings incorporated herein, are true and correct.
2. The decision of the Planning Commission is upheld, subject to conditions of approval shown in attached Exhibit “A”.
3. The Mitigated Negative Declaration is adopted.
4. The appeal is denied.
5. Vesting Tentative Tract Map No. 7450 is hereby approved, subject to the conditions of approval shown in attached Exhibit “A” and shown in attached Exhibit “C”.
o0o
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on September 10, 2025, by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: _______________________________________________________________ ABSENT: COUNCILMEMBER: _______________________________________________________________
_______________________________________
JULIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED
_______________________________
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ____________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Exhibits:
A Conditions of Approval
B Location Map with Zoning
C Vesting Tentative Tract Map 7450 (Phased)
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EXHIBIT “A”
VESTING TENTATIVE TRACT 7450
CONDITIONS OF APPROVAL
NOTE to Subdivider/Applicant: It is important that you review and comply with requirements and deadlines listed in the “FOR YOUR INFORMATION” packet that is provided separately. This packet contains existing ordinance requirements, policies, and departmental operating procedures as they may apply to this subdivision.
PUBLIC WORKS
1. There was no letter submitted requesting deviations from standards.
2. Approval of this tentative map does not indicate approval of grading, drainage lines and appurtenant facilities shown, or any variations from ordinance, standard, and policy requirements which have neither been requested nor specifically approved.
3. Prior to grading plan review submit the following for review and approval:
3.1. A drainage study for the entire subdivision, or a revision to the approved study.
The study shall be approved, any required retention shall be provided, and necessary easements shall be dedicated to the City.
3.2. Sewer service will be provided by North of the River Sanitary District (NORSD).
Please contact NORSD for their planning, design, and construction requirements.
Sewer service fees shall be paid to NORSD prior to building permits being issued.
3.3. If the tract is discharging storm water to a canal, a channel, or the Kern River: In order to meet the requirements of the City of Bakersfield’s NPDES permit, and to prevent the introduction of sediments from construction or from storm events to the waters of the US, all storm water systems that ultimately convey drainage to the river or a canal shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments. This device shall be reviewed and approved by the City Engineer and shall provide the greatest benefit to the storm drain system with the least maintenance cost.
4. The following conditions must be reflected in the design of the improvement plans:
4.1. Final plan check fees shall be submitted with the first plan check submission.
4.2. Per Resolution 108-2023 the area within the Tract shall implement and comply with the “complete streets” policy. Complete streets will require pedestrian and bicycle access to the Tract from existing sidewalks and bike lanes. If there is a gap less than ¼ mile then construction of asphalt sidewalks and bike lanes to the tract will be required.
4.3. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. Install conduit and pull ropes in future traffic signal locations.
4.4. In addition to other paving requirements, on and off-site road improvements may be required from any collector or arterial street to provide left turn and right turn channelization into each street (or access point) within the subdivision (or Exhibit “A”
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development), where warranted and as directed by the City Engineer. Said channelization shall be developed to provide necessary transitions and deceleration lanes to meet the current CalTrans standards for the design speed of the roadway in question.
4.5. Off-site pavement and striping construction will be required to transition from the proposed/ultimate on-site improvements to the existing conditions at the time construction commences. Transitions must be designed in accordance with City Standards and/or the Caltrans Highway Design Manual. If existing conditions change during the period of time between street improvement plan approval and construction commencement, the street improvement plans must be revised and approved by the City Engineer.
4.6. Right turn deceleration lanes are required on arterials at all streets and access points if the 85th percentile speed is less than 45 mph and the peak hour turning volume is over 200, or if the 85th percentile speed is 45 mph or greater and the peak hour turning volume is over 25.
5. The subdivider shall either construct the equivalent full width landscaped median island in Olive Dr for the site’s frontage or pay $100 per Linear Feet (their proportionate share of the cost for the future construction of the median). Median islands shall be designed by the first tract or development to be approved on a side.
6. The subdivide is responsible for implementing the following:
6.1. The phasing map as submitted may be unbalanced with respect to the required improvements along the tract frontages. Therefore, in order to promote orderly development, each phase shall be responsible for an equal dollar amount of frontage improvement. Prior to recordation of each final map for any phase that does not construct its share of the improvements, the difference between the cost of the frontage improvements constructed and the phase share shall be placed into an escrow account. The money deposited in this account would be for the use of the developer of any future phase responsible for more than its share of improvements. The final per-lot share will be based upon an approved engineer’s estimate. In lieu of the use of an escrow account, the developer may choose to construct with each phase its proportionate share of the frontage improvements, with approval of the City Engineer.
6.2. The following conditions are based upon the premise that filing of Final Maps will occur in the order shown on the map with Phase 1 first, then Phase 2, then Phase 3, etc. If recordation does not occur in that normal progression, then, prior to recordation of each final map, the City Engineer shall determine the extent of improvements to be done with that particular phase.
6.2.1. The following shall occur with Phase 1:
6.2.1.1. Construct Olive Drive to full ½ width arterial street standards from the western tract boundary to the eastern tract boundary.
6.2.1.2. Construct Rosedale Ranch Parkway to full ½ width collector street standards from the northern tract boundary to the phase 1/2 boundary.
Exhibit “A”
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6.2.2. The following shall occur with Phase 2:
6.2.2.1. Construct Rosedale Ranch Parkway to full ½ width collector street standards from the phase 1/2 boundary to the eastern tract boundary.
6.2.2.2. Construct Willowsong Rd along the Phase 2 frontage. Willowsong Rd shall be constructed as a boundary street if the east half of the street is not already constructed.
6.2.2.3. A temporary turnaround will be required on Fir Tree Rd at the eastern tract boundary, if a connection to Rosedale Ranch Parkway or Reina Rd does not exist.
6.2.2.4. An in-lieu fee shall be paid for the landscape improvements, which will not be constructed with this tract, on the west side of Redwood Hill St within Phase 2.
6.2.3. The following shall occur with Phase 3:
6.2.3.1. Construct Willowsong Rd from the Phase 2/3 boundary to the southern tract boundary. Willowsong Rd shall be constructed as a boundary street if the east half of the street is not already constructed.
6.2.3.2. Construct Reina Rd from the western tract boundary to the eastern tract boundary. Reina Rd shall be constructed as a boundary street.
6.2.3.3. An-lieu fee shall be paid for the landscape improvements, which will not be constructed with this tract, on the west side of Redwood Hill St & Acorn RidgeWay within Phase 2.
If the
number of phases or the boundaries of the phases are changed, the developer must submit to the City Engineer an exhibit showing the number and configuration of the proposed phases. The City Engineer will review the exhibit and determine the order and extent of improvements to be constructed with each new phase. The improvement plans may require revision to conform to the new conditions.
6.3. The subdivider is responsible for verifying that existing streets within the boundary of the tract are constructed to city standards and he will reconstruct streets within the boundary if not to standard.
6.4. Where streets do not have curb and gutter, construct a minimum section of 36 feet wide consisting of 2-12’ lanes, 2-4’ paved shoulders and 2 additional feet per side of either AC or other dust proof surface.
6.5. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 24, 1997.
6.6. To preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, Best Management Practices for complying with the requirements of the Clean Water Act are required.
Exhibit “A”
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6.7. All lots with sumps and water well facilities will have wall and landscaping to the appropriate street standards, at the building setback with landscaping as approved by the Public Works and Parks Directors.
6.8. Drainage basins shall be reviewed and approved by both the Public Works Department and the Water Resources Department.
6.9. Install blue markers in the street at the fire hydrants per the Fire Department requirements.
7. The following must be reflected in the final map design:
7.1. A waiver of direct access shall be required for all lots abutting any arterials and collectors.
8. Prior to recordation of the first final map within this project site, subdivider shall make written notification to the City Engineer of any public improvements required to be financed or constructed outside the boundaries of the tentative map (i.e., “offs ite improvements) as defined in BMC 116.16.080(E), and the cost of such offsite improvements. The notice shall include an engineer’s estimate or other documentation as required by the City Engineer that outlines by line item the specific offsite improvements for purposes of verifying extension of time eligibility pursuant to Government Code Section 66452.6(a). The written notification and documentation are subject to approval by the City Engineer or his/her designee.
9. Prior to recording the first final map:
9.1. The City Council must have taken final action for the inclusion of this tract within the Consolidated Maintenance District.
9.2. The developer is required to construct an improvement which is on the facilities list for the Metropolitan Bakersfield Transportation Impact Fee Olive Dr. The developer shall receive credit against his traffic impact fees for constructing this project. T he developer must submit an appraisal, to be approved by the City Engineer, verifying the cost of the right -of-way to be acquired. This credit is not available until the improvement has been constructed by the developer and accepted for maintenance by the City. Any building permit issued prior to this acceptance shall pay the full impact fee.
9.3. If it becomes necessary to obtain any off-site right of way and if the subdivider is unable to obtain the required right of way, then he shall pay to the City the up - front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way.
10. Prior to recording each final map:
10.1. All facilities within the boundaries of this subdivision identified by the approved drainage study shall be constructed in accordance with the plans approved by the City Engineer, and all easements required shall be provided.
10.2. The subdivider shall submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map which will Exhibit “A”
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prohibit occupancy of any lot until all improvements have been completed by the subdivider and accepted by the City.
10.3. The subdivider shall submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map 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. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including Proposition 218 Ballot and Covenant, which shall be signed and notarized.
11. Prior to Notice of Completion:
11.1. The storm drain system, including the sump, shall be inspected and any debris removed.
11.2. Street Name Signs (SNS):
11.2.1. Metro Size SNS shall be installed at the intersection of local streets with Arterial and collector streets.
11.2.2. Standard SNS shall be installed at all other locations.
FIRE SAFETY DIVISION
12. Pipeline Easements.
12.1. Concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show the easements on the final map with a notation that structures including accessory buildings , habitable portion of a structure, garage, deck/patio, swimming pools or unoccupied permanent structure, are prohibited within the setback and record a corresponding covenant.
12.2. Prior to or concurrently with recordation of any phase that includes the pipeline easements or portions thereof, subdivider shall show on the final map that no habitable portion of a structure , garage, deck/patio, swimming pools or unoccupied permanent structure may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches of cover and record a corresponding covenant.
12.3. No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within 48 inches or more of cover. If a pipeline meets these criteria, the 40-foot setback line shall be shown in the final map and a corresponding covenant shall be recorded prior to or concurrently with recordation of any phase that is affected.
12.4. 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.
Exhibit “A”
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12.5. 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
13. Fire Apparatus Access Roads and Hydrants
13.1. 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.
13.2. Dead-End fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4 (California Fire Code)
Table D103.4
Requirments for Dead-End Fire Apparatus Access Roads
Length
(Feet)
Width
(Feet)
Turnaround Required
0-150 20 None required
151-500 20
120-foot Hammerhead, 60-foot "Y" or 96-foot
diameter cul-de-sac
501-750 26
120-foot Hammerhead, 60-foot "Y" or 96-foot
diameter cul-de-sac
Over 750 Special Approval Required
13.3. 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
14. Prior to recordation of a final map, the subdivider shall dedicate land with free and clear title to North of the River Recreation and Park District 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 dwelling units increases or decreases upon recordation of a final map(s), the park land requirement will change accordingly. Prior to the recordation of a final map, the subdivider shall record a covenant North of the River Recreation and Park District. Prior to recordation of the second phase, the subdivider shall enter into an agreement with North of the River Recreation and Park District to implement and satisfy this condition. This subdivision is located within the boundaries of North of the River Recreation and Park District.
Exhibit “A”
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14.1. Subdivider shall dedicate approximately 1.4 acres and/or pay Quimby fees on the remaining portion of the park land requirement. Refer to BMC Chapter 15.80 and Planning Information Sheet regarding calculation and payment of Quimby fee. If the number of dwelling units increases or decreases upon recordation of a final map, the parkland and/or fee requirement will change accordingly.
BMC Chapter 15.80 requires the Planning Commission to determine if a subdivider is to dedicate park land, pay Quimby fee, reserve park land or a combination of these in order to satisfy the City’s park land ordinance for North of the River Recreation and Park District. Staff is recommending this condition in accordance with BMC Chapter 15.80.
15. Prior to recordation of any final map, the subdivider shall record a covenant on the property disclosing the requirement to dedicate/reserve a public park pursuant to a park agreement with the North of the River Recreation and Park District. Covenant shall be reviewed for approval by the North of the River Recreation and Park District prior to recordation.
North of the River Recreation and Park District requested condition for orderly development.
16. Prior to recordation of a final map, the subdivider shall provide the Planning Department written proof/verification from North of the River Recreation and Park District that said project is within the NOR Park Maintenance District.
North of the River Recreation and Park District requested condition for orderly development.
CITY ATTORNEY
17. 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 provisio ns of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY’s sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside la w 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.
Exhibit “A”
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PLANNING
18. This subdivision shall comply with all provisions of the Bakersfield Municipal Code, and applicable resolutions, policies and standards in effect at the time the application for the subdivision map was deemed complete per Government Code Section 66474.2.
19. The subdivision shall be recorded in no more than 4 phases. Phases shall be identified numerically and not alphabetically.
Orderly development.
20. 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.
21. Mineral Rights: Prior to recordation of the first final map, the following shall apply:
21.1. 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.
21.2. Subdivider does not provide verification to the Planning Director that waiver of surface entry from all mineral rights owners have been obtained, the minimum 2- acre drill site drill site reservation as approved by the Planning Commission shall be recorded with the first final map, and prior to or concurrently with a the final map subdivider shall:
21.2.1. Record a covenant encumbering the drill site as such;
21.2.2. Record a covenant of all lots of this subdivision within 500 feet of the drill site disclosing the drill site location and possible activities;
21.2.3. Construct a six-foot high masonry wall with gate access around the drill site as shown on the tentative tract. However, upon approval by the Planning Director, wall construction may be defer until adjacent residential lots are recorded. Wall height shall be measured to the highest adjacent grade.
21.2.4. Have c ovenants reviewed approved by the City Attorney and Planning Director prior to recording.
Required to verify compliance with BMC Section 16.20.060 A. 1 and orderly development.
22. 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 Exhibit “A”
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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.
23. Prior to recordation of or concurrently with a final map of a phase affected by the 50- foot non -buildable area of the Southern California Edison gas transmission line, subdivider shall record a covenant disclosing the non -buildable area for those lots affected. The final map shall depict and label the setback line on the final map. The covenant shall be reviewed and receive approval by the City Attorney and Planning director prior to recordation.
24. Concurrently with recordation of any phase that includes the pipeline eas ements or portions thereof, subdivider shall show the easements on the final map with a notation that structures including accessory buildings and swimming pools, are prohibited within the easements and record a corresponding covenant.
25. 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.
Vesting Tentative Tract Map 7450 Mitigated Negative Declaration Mitigation Measures Biological Resources:
26. BIO-1: A biological resource pre- activity survey will be conducted by a qualified biologist no more than 30-days before the start of construction activities.
27. BIO-2: There will be biological resource monitoring during each initial phase of ground disturbance.
28. BIO-3: Compliance reporting shall be provided to the required oversight agencies for all biological resource field surveys, monitoring, and additional tasks as warranted.
29. BIO-4: A Worker Environmental Awareness Program outlining special -status species that may access, use or otherwise transverse the project area will be implemented.
30. BIO-5: If known or natal SJKF dens are identified at any time during construction, protocols enumerated in the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or during Ground Disturbance (2011) shall be implemented, and the appropriate agencies contacted for guidance.
31. BIO-6: Vertical sided trenching deeper than 2 -feet will include escape ramps at no more than a 1:1 ratio every 100 feet.
32. BIO-7: Vertical sided holes that are not capable of being ramped shall be covered or otherwise secured to the greatest extent practicable.
33. BIO-8: Pipes, conduit and similar material 3 inches or greater in diameter shall be capped to prevent wildlife from becoming inadvertently trapped in the piping.
34. BIO-9: If ground -disturbing activities are planned during the nesting season for migratory birds that may nest on or near the site (generally February 1 through August Exhibit “A”
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31), nesting bird surveys are recommended prior to the commencement of ground disturbance for project activities. If nesting birds are present, no new construction or ground disturbance should occur within an appropriate avoidance area for that species until young have fledged, unless otherwise approved and monitored by a qualified onsite biologist. Appropriate avoidance should be determined by a qualified biologist. In general, minimum avoidance zones for active nests should be implemented as follows:
1. Ground or low-shrub nesting non-raptors – 300 feet (91 meters),
2. Burrowing owl – as appropriate based on nest location, existing surrounding activity, and evaluation of owl behavior. Coordination with CDFW may be warranted,
3. Sensitive raptors (e.g., prairie falcon, golden eagle) – 0.5 miles (0.8 kilometers),
4. Other raptors – 500 feet (152 meters).
Cultural Resources Impact Mitigation Measures:
35. CUL-1: 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.
36. CUL-2: 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.
37. CUL -3: Prior to final map approval, provide cultural resource study to the Planning Director.
Greenhouse Gas Mitigation Measures:
38. GHG-1: Using controls that reduce exhaust from construction equipment.
39. GHG-2: Using electricity for power instead of diesel, when possible.
40. GHG-3: No idling of construction equipment engines.
41. GHG-4: Construct buildings with Uniform Building Code standards to minimize total consumption of energy.
Hazards & Hazardous Materials Measures
42. HAZ-1: Prior to the commencement of ground-disturbing activities, a comprehensive assessment shall be conducted to identify the types and quantities of pesticides and organochlorine pesticides (OCPs) historically used on the project site. The assessment shall inc lude, but not be limited to, analysis for dichloro -diphenyl-trichloroethane (DDT), toxaphene, and dieldrin.
If any of these OCPs are detected at concentrations exceeding applicable screening levels, including those identified in the Human Health Risk Assessment (HHRA) Note Number 3 or DTSC -SLs approved local area background thresholds, additional Exhibit “A”
VTTM 7450
By NT\S:\05_Land Division\24-60000187_VTTM 7450_14225 Olive Dr & Rosedale Ranch\01_Hearing & Noticing Documents\Draft\VTTM 7450 Conditions.docx
sampling and risk evaluation shall be performed. If contaminant levels are found to exceed acceptable thresholds, remedial actions shall be implemented to reduce concentrations below regulatory levels prior to construction.
The assessment shall also evaluate arsenic levels; any detection of arsenic shall require further analysis and must demonstrate compliance with HHRA Note Number 3, DTSC- SLs, or applicable local baseline levels. If concentrations exceed such thresholds, appropriate remedial actions shall be taken.
Potential contaminants of concern (COCs) associated with former agricultural operations, including but not limited to pesticide mixing/loading areas, drainage ditches, former farmhouses, and outbuildings, shall be identified, sampled, and analyzed. If smud ge pots were historically used on -site, additional sampling for polycyclic aromatic hydrocarbons (PAHs) and total petroleum hydrocarbons (TPH) shall be conducted. All necessary sampling and remediation activities shall be completed to the satisfaction of t he appropriate regulatory agency (e.g., DTSC or Regional Water Quality Control Board) prior to the issuance of grading permits.
43. HAZ-2: Prior to the importation of any soil or fill material to the project site, the applicant shall ensure that all imported material is free of contaminants and suitable for the intended land use. All imported soil and fill shall be tested in accordance with the Department of Toxic Substances Control (DTSC) Preliminary Endangerment Assessment Guidance Manual to assess potential contaminants of concern and verify that concentrations do not exceed applicable screening levels.
To minimize the risk of introducing contaminated materials to the site, the source and origin of the imported soil or fill shall be documented. Sampling and analysis of imported materials shall be conducted, as appropriate, based on knowledge of the source site and its prior uses. The sampling protocol shall be designed to identify contaminants commonly associated with the source area’s historical land use.
Imported materials shall meet the criteria outlined in DTSC’s Information Advisory:
Clean Imported Fill Material fact sheet. Soil that does not meet the applicable screening criteria shall not be imported to the site. Documentation of compliance, including laboratory analytical results and source information, shall be maintained on file and provided to the lead agency for review prior to the issuance of any grading permits.
Additional guidance may be obtained from DTSC’s Human and Ecological Risk Office (HERO) website to support evaluation and ensure consistency with current DTSC risk assessment practices.
Transportation and Traffic Mitigation Measures
44. TRAN-1: Prior to the issuance of building permits, the project applicant shall participate in the Regional Traffic Impact Fee (RTIF) program by paying the adopted fees in place for the land use type at time of development.
11/22/2024
0 500 1,000
Feet
_
C-2
M-1
M-1 M-1 M-1 M-1 M-1 M-1 M-1
C-2
R-1
R-2 R-2
R-2 R-2
R-1
R-1
R-1
R-1
R-2 R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-1
R-1
R-1
R-1
R-1
R-4
CITY LIMIT
GRAFHAM
WOOD
WAY
ARDEN
FOREST DR
SCAFELL
PIKE ST
MORNING
BREEZE STLEONAR
D ALVARADO
RD
REINA RDREINA RD REINA RD
ROSEDALERANCH
PKWY
OLIVE DR
RENFRO RD
SANTA FE WAY
Zoning
R-1 One Family Dwelling
6,000 sq.ft. min lot size
R-1-4.5 One Family Dwelling
4,500 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, 2.5, 5 or 10 min lot size
R-2 Limited Multiple Family Dwelling
4,500 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 size
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-O 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 Architectural Design Overlay
FP-P Floodplain Primary
FP-S Floodplain Secondary
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citizen Overlay
HD Hillside Development Combining
WM West Ming Specific Plan
VTTM 7450
Vesting Tentative Tract Map
7450
CITY OF BAKERSFIELD
Exhibit B
CALIFORNIA WATER SERVICE
LR
Exhibit C