Loading...
HomeMy WebLinkAboutRES NO 015-16RESOLUTION NO. 0 15-16 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL UPHOLDING THE APPEAL TO AMEND PLANNING COMMISSION RESOLUTION NO. 51 -15, APPROVAL OF ADMINISTRATIVE REVIEW NO. 15 -0309 FOR AN AMENDED WALL AND LANDSCAPE MASTER CONCEPT PLAN WITHIN WEST MING - VILLAGE A, LOCATED SOUTH ALONG MING AVENUE, WEST OF SOUTH ALLEN ROAD. WHEREAS, McIntosh and Associates, representing Castle and Cooke Inc. filed an application with the City of Bakersfield Planning Department requesting an Administrative Review No. 15 -0309 (the Project) to amend a portion of Wall and Landscape Master Concept Plan No. 14-0327, and to replace one single -pole clock with a 29.5 -foot -high clock tower within one roundabout, within the West Ming Specific Plan - Village A, also known as Highgate Seven Oaks development, located south along Ming Avenue, west of South Allen Road as shown on attached Exhibits B, C and D; and WHEREAS, the Planning Commission held a public hearing on November 5, 2015, and approved Resolution No. 51 -15 approving the Project with conditions; and WHEREAS, on November 13, 2015, McIntosh and Associates appealed the Planning Commission's approval of the Project, specifically requesting that the City Council amend Condition No. 1 of Resolution No. 51 -15 to exclude the truck apron area from the definition of the Roundabout Parcel; and WHEREAS, the Clerk of the City Council set Wednesday, January 20, 2015 at 5:15 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 City Council to consider the approval of the appeal, and notice of the public hearing was given in the manner provided in the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, the Planning Commission's deliberation, and action; and WHEREAS, the City Council upheld the appeal approving the project as conditioned excluding the truck apron area from the definition of the Roundabout Parcel as provided in the attached Exhibit A; and WHEREAS, the Project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA)in accordance with State CEQA Guidelines Section 15304, Class 4. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The recitals above are hereby incorporated herein by this reference. R ogAKF Page 1 of 2 v 6 OF1014 l- 2. The Planning Commission's findings as contained in its Resolution No. 51 -15, attached hereto as Exhibit E and incorporated herein by this reference, are hereby adopted. 3. The City Council hereby upholds the appeal approving the Project as conditioned in the attached Exhibit A. — 000 - -- 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 JAN 10 2016 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ ✓ AY COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER NOES: COUNCILMEMBER NUM ABSTAIN: COUNCILMEMBER NCnI- ABSENT: COUNCILMEMBER NOn9 //q (i C ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN 101016 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City A rney By: A EW HEGLUND Deputy City Attorne Exhibits: A. Conditions of Approval. B. Location Map and Clock Tower Perspective C. New Plan Sheets (Sheets L -3, L -4 and L -5) D. Amended Wall and Landscape Master Concept Plan No. 15 -0309 E. Planning Commission Resolution No. 51 -15 KS/ S: \West Ming Specific Plon \Wall & Landscaping Village A\AR Review 15 -0309 Clock Tower \Appeal \CC Resolution uphold oppeol.docx/ Q, gA%, IS Page 2 of 2 = v ogI01NM, EXHIBIT A ADMINISTRATIVE REVIEW NO. 15 -0309 AMENDED WALL AND LANDSCAPE MASTER CONCEPT PLAN NO. 15 -0309 WEST MING - VILLAGE A CONDITIONS OF APPROVAL PUBLIC WORKS Prior to approval of clock tower construction plans by the Building Director, or improvement plans that include the clock tower structure, the property within the 34 -foot radius from the intersection of Hovingham Drive and Pemberley Passage Avenue (Roundabout Parcel), shall be created as a legal lot and be owned by the Homeowners' Association as follows: 1.1 Since the public right of way has already been dedicated to the City of Bakersfield, the Roundabout Parcel area must be vacated as public right -of -way. 1.2 After the Roundabout Parcel area has been vacated, a parcel map waiver or other instrument as approved by the City Engineer will be required to create the Roundabout Parcel as a legal lot. 1.3 Waiver of direct access, with an exception for authorized personnel, shall be required as directed by the City Engineer. 2. All utilities and utility line easements, including but not limited to storm drain lines and sewer lines, are prohibited under any portion of the clock tower structure. 2.1 All installed utilities shall be relocated prior to beginning construction of the clock tower structure to meet the requirements of the City of Bakersfield Subdivision Engineering Design Manual Section 2.2.7. 2.2 All required public easements shall be centered on the utility line and shall be dedicated to the City of Bakersfield, subject to approval of the City Engineer. 3. The applicant and /or developer are responsible for preparing any necessary improvement plans and structure plans required to implement the Amended Wall and Landscape Master Concept Plan No. 15-0309, as determined by the City Engineer and the Building Director. 4. The street construction plans for the roundabout shall include a wrought iron fence that meets City sight line requirements between the clock tower and the interior landscaping to discourage vehicles and pedestrians from entering into the area of the clock tower structure. The wrought iron fence shall be located a minimum of two feet behind the face of the 34' radius curb. Yellow "Botts' dots" along with yellow gore stripping shall be placed in the raised concrete apron area. The roundabout raised concrete apron surface shall be sloped away from the center of the roundabout, and separated from the edge of the travel way with a steep faced mountable curb. The final design is subject to the approval of the City Engineer. 5. Hardscape and plant material type, placement and spacing within the Roundabout Parcel shall be constructed /installed to discourage pedestrian accessibility, and shall be shown on the clock tower construction plan subject to review and approval by the City Engineer and the Recreation and Parks Director. OAKF S: \West Ming Specific Plan \1Nall 6 Landscaping Village A \AR Review 15 -0309 Clock Tower \Appeal \I5-0309 Exhilgt A 'PN - Conditions Appeal.Docx Page 1 of 3 m U p ORIGINAL Administrative Review #15-0309 Page 2 of 3 BUILDING 6. The clock tower construction plan shall be submitted to the Building Division for review, approval, construction permitting, and construction inspection. The building permit for the clock tower structure shall be issued prior to approval by the City Engineer of improvement plans that include the clock tower structure. 7. Prior to issuance of building permit for the clock tower, a Traffic Control Plan shall be submitted to the Traffic Division of Public Works Department for review and approval. The Traffic Control Plan must be approved by the City Engineer prior to issuance of building permit for the clock tower. This condition is necessary to avoid vehicular traffic /construction equipment conflicts within street right -of -way, and to ensure public safety due to construction equipment and construction activities. CITY ATTORNEY 8. Prior to approval of clock tower construction plans or improvement plans that include the clock tower structure, the developer shall demonstrate that a Homeowners Association has been established and CC &Rs have been approved by the Planning Director and City Attorney for the private maintenance responsibilities of the Roundabout Parcel and the clock tower structure. The CC &Rs must also include language as required by the City Attorney's Office, indemnifying the City of Bakersfield. 9. Prior to approval of clock tower construction plans or improvement plans that include the clock tower structure, the developer shall have entered into an indemnification agreement with the City of Bakersfield that generally provides the following: the developer shall agree to indemnify and defend the City of Bakersfield for any and all liabilities, claims, actions, causes of action, or demands that arise out of, are connected with, or are caused by the Roundabout Parcel, the use of the Roundabout Parcel, or the elements constructed within the Roundabout Parcel, even if the resulting injuries, damages, or other claims occur outside of the Roundabout Parcel. PLANNING 10. Prior to approval of clock tower construction plans or improvement plans that include the clock tower structure, a covenant shall be approved prohibiting habitable structures and any other structures other than the clock tower structure within the Roundabout Parcel. Said covenant shall be submitted to the City Attorney and Planning Director for review and approval. Covenant shall be recorded prior to issuance of building permit for the clock tower. 11. The clock tower construction plan shall include signage on the property identifying it as being owned by the Homeowners' Association, as approved by the Planning Director. S:IINest Ming Specific planlWall B Landscaping Village A14R Review 1 5-0309 Clock To"AAppeaII15.0309 Exhibit A - Q c MiFq Conditions Appeal.docx r r in U O CRIMINAL Administrative Review If 15-0309 Page 3 of 3 12. Any modification to the clock tower structure as shown on the Amended Wall and Landscape Master Concept Plan No. 15-0309, including omitting the clock tower structure, changing its dimensions, and /or moving its location, will require Planning Commission approval. Conditions of Approval Wall and Landscape Master Concept Plan Review 14 -0327 13. Final landscape (plant palette and irrigation system) plans shall be consistent with the water conservation features shown on the conceptual plans. Condition No. 1 of Wall and Landscape Master Concept Plan Review No. 14 -0327 14. Final landscape plans shall comply with Line of Sight requirements prior to issuance of building permits. Condition No. 2 of Wall and Landscape Master Concept Plan Review No. 14 -0327 15. Six neighborhood residential identification signs as shown on the plans are approved and are subject to issuance of a building permit. Condition No. 3 of Wall and Landscape Master Concept Plan Review No. 14 -0327 16. Final landscape plans shall include all accessory structures and water features (fountains). Any water feature with a depth of 18 inches or deeper shall satisfy the uniform building code prior to issuance of building permits building code. Condition No. 4 of Wall and Landscape Master Concept Plan Review No. 14 -0327 17. Final wall plans shall provide detail that decorative gates along the public multi -use trail entrances will not have a locking mechanism and will remain open to the general public. An easement for public access through the gate(s) to the trail may be required by the City Engineer. Orderly development and Condition No. 5 of Wall and Landscape Master Concept Plan Review No. 14 -0327 SAWest Ming Specific PlanlWall & Landscaping Village AOR Review 150309 Clock Towerl,4ppea1115-0309 Exhibit A- eAK Conditions AppeaLdocx 8k F9N r �= m U O ORIGINAL ! » ill a • |• | §��!! �l • | || ! I i |�4! § � ¢ \ o ! n .- o # k � � \ | � § § §\ � � \ , \ � > * . ! \ « ¢ \ o ! n .- o # k � � \ | � § § §\ � w U W IL W w K W a M M 0 Y U 0 U m m x x W 0 lil R��'I a 9 z To WWZ a� 0 Y°° ww wx O x w =m 0 6T-:.t • �" . 0 0I oFIAK,9q � m v o ORIGINAL V m_ x x w aot YIOIO)m 04003 R anno !i! 3 o1z ORIGINAL, 0 w 0 O a J W W 2 N Z J a 0 W —� F U _¢ (7 O 5� 0a z¢ z W U¢ Z H N m Foa S z �rt Z _VO zQ a w �a M \0 6 B5 9-1 ORIGINAL i ORIGINAL 0 w 0 0 a F JF m W 2 W XS Wy 2 5 CL a -1 ORIOIN4 W O M O 2 2 5 a ����� ou��emiap�e� a�yaaj q apsep ���� eAKF9 m,� m 6 �a �F FF i 6� 11 dag pB 1'a !EAa) kQ 3 a 6 1 1 kF 1'1 aliia ��' � obi �: i • ! �������1111 -ml gIIIy- 6FF i 61f�b Iles e b; Z-� 3 � a s. a 3 i k marra j! i i 6 auk 'eimol!I�J 77N a1mJ K" � �4�lIIII> gyp' \• 0AKF9Nr O"101MA , 11 U 2 Q (-12 N u IL w zz y/ UQ I-- � z Z ¢ \\ \ \\� i Q y' IL 0 z i jb co fpm � O - 6 9-1 ORIGINAL 9-1 MIGINA4 0AKF9 %P m 0 ORIGINAL ouI Ielmoj!pj aroj g apsa� I Z�M ORIGINAL 6 .. ;,. auk 'elwoP.P7 01007 1 ansu 4�M F 3 3 V aul 'Molpep a400j g apse; tl S�M ORIGINAL aal 'elwolgq 7o3 ry apm 9-M ORIGINAL EXHIBIT E RESOLUTION NO. 51 -15 RESOLUTION OF THE PLANNING COMMISSION TO APPROVE ADMINISTRATIVE REVIEW NO. 15 -0309 FOR AMENDED WALL AND LANDSCAPE MASTER CONCEPT PLAN NO. 15 -0309 WITHIN WEST MING - VILLAGE A, LOCATED SOUTH ALONG MING AVENUE, WEST OF SOUTH ALLEN ROAD. WHEREAS, McIntosh and Associates, representing Castle and Cooke Inc. filed an application with the City of Bakersfield Planning Department requesting an Administrative Review No. 15.0309 to amend a portion of Wall and Landscape Master Concept Plan No. 14 -0327, and to replace one single -pole clock with a 29.5 -foot -high clock tower within one roundabout, within the West Ming Specific Plan - Village A. also known as Highgate Seven Oaks development, located south along Ming Avenue, west of South Allen Road, as shown on the attached Exhibits "B" and "C "; and WHEREAS, the Plan is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA)In accordance with State CEQA Guidelines Section 15304, Class 4; and WHEREAS, the Planning Commission, through its Secretary, did set, THURSDAY, November 5, 2015 at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for consideration of the application; 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 special studies (if any(, and evidence received both in writing and by verbal testimony at the above referenced meeting support the following findings: 1. The proposal is subject to a public hearing. 2. The provisions of the CEQA have been followed. 3. Pursuant to the CEQA Section 15304, Class 4 because the project is a minor alteration to land and does not affect sensitive resources. 4. The proposed Amended Wall and Landscape Master Concept Plan Review No. 15-0309 is consistent with the West Ming Specific Plan, the General Plan and objectives of Title 17 of the Bakersfield Municipal Code. oFeAxF9 s� U O ar1101NAl- NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Bakersfield as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Plan is Categorically Exempt from the requirements of State CEQA Guidelines Section 15304, Class 4. 3. Administrative Review 15-0309 for the Amended Wall and Landscape Master Concept Plan Review No. 15.0309 is hereby approved with conditions of approval shown on Exhibit "A ". I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on November 5, 2015, on a motion by Schwartz and seconded by Commissioner Wade, by the following vote. AYES: Commissioner Schwartz, Strong, Wade, Williams NOES: Commissioner Tkoc ABSENT: Vice -Chair Lomas EKIi (attached): APPROVED BRYAN WR.LIAMS, CHAIR PRO TEM City of Bakersfield Planning Commission A. Conditions of Approval B. Location Map and Clock Tower Perspective C. New Plan Sheets (Sheets L -3, L -4 and L -5) D. Amended Wall and Landscape Master Concept Plan No. I5 -0309 KS/ SAWest Ming Specific Plon \Wag d Wndscuping Wloge A \AR Review 15-0309 Clock Tower\PC Slofl Report Package\ 15-1309 PC RESdocx o``0AKf9... s t fT r J O pFJIOINAL