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.
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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.
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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
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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.
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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
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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
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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.
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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
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