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HomeMy WebLinkAboutRES NO 145-02 145=02 RESOLUTION NO. RESOLUTION UPHOLDING THE DECISION Of THE PLANNING COMMISSION APPROVING VESTING TENTATIVE TRACT MAP 6108 AND THE NEGATIVE DECLARATION, AND DENYING THE APPEAL BY THE RESIDENTS OF FROEHLICH RANCH - THE PALMS. WHEREAS, in accordance with the procedure set forth in the provisions of Title 16 of the Municipal Code of the City of Bakersfield, the residents of Froehlich Ranch - The Palms, filed an appeal of the Planning Commission's decision relative to Vesting Tentative Tract Map 6108 and adoption of the Negative Declaration made during the Commission's regular meeting of July 18, 2002; and WHEREAS, the residents of Froehlich Ranch - The Palms, the appellants, filed a written appeal stating objection to approval of Vesting Tentative Tract Map 6108; and WHEREAS, the City Council, through the City Clerk, set the time and place of the heating as WEDNESDAY, AUGUST 21, 2002, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said City Council on said appeal, and notice of the public hearing was given in the manner provided in Title Sixteen of the Bakersfield Municipal Code; and WHEREAS, the Council of the City of Bakersfield, conducted and held a public hearing on WEDNESDAY, AUGUST 21,2002, to consider the appeal; and WHEREAS, testimony was heard during the public hearing; and WHEREAS, Vesting Tentative Tract Map 6108 consists of 23 lots on 9.09 acres for purposes of multiple family development, zoned R-2 (Limited Multiple Family Dwelling) generally located on the west side of Allen Road, north of Dove Creek Drive as shown on attached Exhibit "B;" and WHEREAS, the application for Vesting Tentative Tract Map 6108 was deemed complete on April 11, 2002; and WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfieid's CEQA implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, for the above described project, an initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared at least 20 days prior to the public hearing before the Planning Commission, in accordance with CEQA; and ORIGINAL WHEREAS, the facts presented in the staff report and evidence at the above referenced public hearings support the findings contained in this resolution; and WHEREAS, the Council has considered and hereby makes the following findings: 1. Ail required public notices have been given. Hearing notices regarding the proposed project were mailed to property owners within 300 feet of the project area and published in a local newspaper of general circulation at least 20 days prior to the hearing. 2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposed activity is a project and a, initial study was prepared and a Negative Declaration was prepared and duly noticed. 3. A Neqative Declaration for the proposed project is the appropriate environmental document to accompany project approval. In accordance with CEQA, staff prepared an initial study for the proposed project and indicated that because a mitigation measure relating to cultural resources has been incorporated into the project, the project will not significantly impact the physical environment. 4. Urban services are available for the proposed development. The project is within an area to be served by all necessary utilities and waste disposal systems. Improvements proposed as part of the project will deliver utilities to the individual lots or parcels to be created. 5. The proposed subdivision, together with the provisions for its desiqn and improvement, is consistent with the General Plan. (Subdivision Map Act 66473.5} The proposed density and intensity of development are consistent with the High ~vledium Density Residential land use classification on the property. Proposed road improvements are consistent with the Circulation Element. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the general plan. 6. The project must be granted a "de minimis: exemption with respect to the payment of Fish and Game Section 711 fees. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above- referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. 7. Mineral riaht owners' siqnatures may be waived on the final map pursuant to BMC ~ B. 1. The applicant has provided evidence with the project application Ii,at it is appropriate to waive mineral right owner's signatures because in accordance with B MC Section 16.20.060 B.1., the party's right of surface entry has been or will be expressly waived by recorded document prior to recordation of any final map. ORIGINAL The request for approval of double frontage lots is approved in accordance with BMC 16.28.170 L because the double frontage lots proposed abut a street which functions as a major street (arterial street) and the double frontage lots are deemed reasonable due to traffic, safety, appearance and setbacks. Flag lots are approved due to no other reasonable design alternative. Site plan for development of said lots shall be subject to approval by the Fire Department. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings incorporated heroin, aro true and corroct. 2. The Negative Declaration is heroby approved. 3 The decision of the Planning Commission is upheld. 4. The appeal is denied. 5. Vesting Tentative Tract Map 6108 is hereby approved, subject to the conditions of approval shown in attached Exhibit "A." I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AUG P. 1 2002 , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT:COUNCILMEMBER C~TY (~ERK and Ex Officio CI~.~ of the Council of the City of Bakersfield~ 3 ORIGINAL APPROVED. AUG 2 APPROVED AS TO FORM: BART J. THILTGEN city ~or.~. Ipalmer \\ S:\TRACTS\6108\cc\res.wpd August 23, 2002 4 oRiGiNAl EXHIBIT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT 6108 PUBLIC WORKS 1. A waiver of direct access rights from all abutting lots to Alien Road and to Dove Creek Drive shall be required. 2. Construct improvements on Allen Road, including sidewalk, masonry wall, and landscaping to match those on the west side of Allen Road south of Dove Creek Drive. Wrap the sidewalk, landscaping, and wall around the corner and extend along Dove Creek Drive to Majesty Palm Street. 5. 6. 7. S: [ TRAC T$~6108tCCtEX1perCC,8.21.doc August 23, 2002 Prior to recordation of the Final Map, the subdivider shall 3.1. because the corporate limits are 55' west of the centedine of Allen Road and the north right of way line of Dove Creek Drive, provide evidence of annexation into or creation of a County entity to maintain the street lights on county roads and the above mentioned wall and landscaping. 3.2. provide evidence of the ability to use the property to the north for emergency access purposes. 3.3. submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map which will prohibit occupancy of any lot until all improvements have been completed by the subdivider and accepted by the City. 3.4. ensure that each cable television company provides notice to the City Engineer of its intention to occupy the utility trench. The secondary emergency access shall have an all-weather surfacing capable of supporting emergency vehicles. Such surfacing shall be approved by the City Engineer. Construction on Allen Road and on Dove Creek Drive shall be done under an encroachment permit from the County. Final map check fees shall be submitted with the first map submission. Allen Road is an arterial, and the General Plan requires landscaped median islands in arterials. Therefore, either construct the equivalent full width landscaped median island in Allen Road, pay the proportionate share of the cost for the future construction of the median, or enter into an agreement and post approved security to ensure its construction. All lots with water well facilities that front arterial streets will have wall and landscaping to arterial street standards, and those that front local streets will have a slatted chain link fence 25' back of sidewalk with landscaping as approved by the Public Works and Parks Directors. 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. ORiGiNAL Exhibit "A" VTM 6108 Page 2 10. The City's normal fire protection service flows are 2500 gallons per minute (g.p.m.). In certain areas and in certain zoning, fire flow requirements (as determined by the City and/or County Fire Department) are in excess of the 2500 g.p.m, limit. Fire flow requirement in excess of 2500 g.p.m. shall require developer fees of $0.50/g.p.m./acre in excess of 2500 g.p.m, or equivalent facilities. ~PLANNING 11. 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. 12. If dudng construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. Mitigation measure as recommended by California Historical Resources information System, San Joaquin Valley Information Center, dated April 22, 2002. 13. Prior to recordation of a flnat map, subdivider shall submit a "will serve" letter or other documentation acceptable to the Planning Director from the water purveyor stating the purveyor will provide water service to the site. Required to 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. 14. Prior to recordation of a final map, the subdivider shall pay an in-lieu fee based on a park land dedication requirement of 2.5 acres per 1000 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 of in-lieu fee. This subdivision is located within the boundaries of the North Bakersfield Recreation and Park District. In accordance with Government Code Section 66020(d), you are hereby notified that the 90-day pedod in which you may protest the imposition of the 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. Staff is recommending this condition in accordance with BMC Chapter 15.80. 15. The map shall become effective on the completion date of the annexation (Allen Road ~¢6) and no map may record pdor to this date. Annexation of the area shall be completed within one year of the Planning Commission Headng to consider this map. Subdivision Map Act Section 66454. S :~ TRA C TS~6108~CC'~X1perCCS-21,d~c August 23, 2002 ORIGINAL Exhibit "A" VTM 6108 Page 3 16. Prior to recordation of a final map, subdivider shall install landscaping and wall along the west side of Allen Road adjacent to this subdivision and along the entire north side of Dove Creek Drive (excepting the width of the required secondary emergency access). Secondary emergency access shall be provided through solid gates designed to compliment the wall treatment. All wall and landscaping design shall comply with Planning Commission Resolution 58-92. All wall and landscaping shall be maintained by property owners and/or a homeowners association. In addition, the subdivider shall construct a minimum 6 foot masonry block wall (as measured from highest adjacent grade) along the common property line between this proposed subdivision and the existing residential development to the south. The wall on the south side of the project west of Majesty Palm Street may be 8 feet in height if agreed to by the subdivider and adjacent property owners without the need of wall height modification. BMC Section 17.14.026 B requires wall where the proposed double frontage lots abut a street which functions as a major street and the design is reasonable, The requirement for the block wall separating the site from the residential development to the north was added as a result of negotiations between the developer and the neighborhood. 17. Flag lots as shown on the proposed map are allowed subject to site plan reviews acceptable to the Fire Department and Development Services Director through site plan review. A tentative site plan layout approved and signed by the Fire Department must be provided to the Planning Department prior to recordation of flag lots. 18. Pedestrian access shall be provided through a break in the landscape wall along Allen Road, approximately 140 feet north of Dove Creek Drive between the common entry courtyards of Lots 2 and 3 shown on the tentative map. A private sidewalk shall be provided from the internal subdivision street to the public sidewalk on Allen Road to allow students to walk in a landscape area between buildings and not in a drive aisle. Final design shall be approved by the Public Works and Planning Departments. 18.1 Along Allen Road, the subdivider shall install a detached sidewalk (with landscaping, including trees) between the curb and the sidewalk. Condition adopted by the City Council August 21, 2002 per Planning Department memo dated August 19, 2002. Subdivider and appellant agreed with revisions per memo. FIRE DEPARTMENT, FIRE SAFETY DIVISION: 19. Secondary emergency access shall be provided from the cul-de-sac to Dove Creek Drive and Majesty Palm Street as depicted on the tentative tract map. The applicant shall obtain approval from the Fire Safety Division of the Fire Department for secondary emergency access. The emergency access shall meet the specifications contained in BMC Section 15.64.320. S :t TRA C TS18108tCC~EX1peK~,C8-21. d~c August 23, 2002 ORIGINAL oR~G L