HomeMy WebLinkAboutRES NO 155-02 155-02
RESOLUTION NO.
RESOLUTION UPHOLDING THE DECISION OF
THE PLANNING COMMISSION APPROVING
REVISED VESTING TENTATIVE TRACT MAP
6018 AND THE NEGATIVE DECLARATION, AND
DENYING THE APPEAL BY THE RIVERLAKES
RANCH MASTER ASSOCIATION.
WHEREAS, in accordance with the procedure set fodh in the provisions of Title 16
of the Municipal Code of the City of Bakersfield, RiverLakes Ranch Master Association, filed an
appeal of the Planning Commission's decision relative to Revised Vesting Tentative Tract Map 6018
and adoption of the Negative Declaration made during the Commission's regular meeting of July 18,
2002; and
WHEREAS, on July 26, 2002, RiverLakes Ranch Master Association, the
appellant, filed a written appeal stating objection to the Negative Declaration adopted by the Planning
Commission for Revised Vesting Tentative Tract Map 6018; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing 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, the Council of the City of Bakersfield, the hearing was continued to
WEDNESDAY, September 4, 2002; and
WHEREAS, the Council of the City of Bakersfield, conducted and held a public
hearing on WEDNESDAY, September 4, 2002, to consider the appeal; and
WHEREAS, testimony in support and opposition of the project was heard during
the public hearing; and
WHEREAS, Revised Vesting Tentative Tract Map 6018 consists of 26 lots on 9.48
acres for purposes of multiple family development, zoned R-2 (Limited Multiple Family Dwelling)
generally located on the east side of Southshore Drive, approximately 1,200 feet north of Hageman
Road as shown on attached Exhibit "A;" and
WHEREAS, the application for Revised Vesting Tentative Tract Map 6018 was
deemed complete on April 9, 2002; 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 and the Planning
Commission; and
ORIG~A~
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
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:
All 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.
The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have
been followed. Staff determined that the proposed activity is a project and an initial study
was prepared and a Negative Declaration was prepared and duly noticed.
A Negative Declaration for the proposed proiect is the appropriate environmental
document to accompany proiect aPoroval. 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.
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.
The proposed subdivision, toqether with the provisions for its design and improvement, is
consistent with the General Plan and the Riverlakes Ranch Specific Plan. (Subdivision
Map Act 66473.5) The proposed density and intensity of development are consistent with
the High Medium 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.
The proiect must be qranted 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.
10.
Mineral right owners' signatures may be waived on the final map pursuant to BMC
16.20.060 B. 1. The applicant has provided evidence with the original project application
(Vesting Tentative Tract Map 6018) that it is appropriate to waive mineral right owner's
signatures because in accordance with BMC 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.
The request to allow non-radial and non-perpendicular lot tines and reduced right-of-way
for a cul-de-sac street would not interfere with the public health, welfare and safety and are
approved.
The requirement for a temporary easement to be depicted on the final map and recorded
along the common lot line between this subdivision and the future commercial site
adjacent property located south of the project site is necessary for orderly development to
provide future access for removal of any existing fence and its replacement by the
commercial developer with a block wall at such time as the commercial development takes
place (BMC Section 16.28.170 K)
The request for the flag lot is denied because the applicant has not demonstrated that
there would be no other reasonable alternative (BMC Section 16.28.170 E).
11.
The request to allow reduced right-of-way for a cul-de-sac street is denied because a flow
line to flow line of 40 feet is required and necessitates a 60 foot right-of-way width (SDM
Standard ST 10).
12.
The requirement for wall and landscaping along Southshore Drive, which functions as a
major street, adjacent Lots 23 through 26 are reasonable and needed for the public health,
welfare and safety in accordance with BMC Section17.28.170 H.
13.
The requirement for secondary emergency access on the east side of the project site is
needed for the public health, welfare and safety.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
Bakersfield as fotlows:
1. The above recitals and findings incorporated herein, are true and correct.
2. The Negative Declaration is hereby approved.
3. The decision of the Planning Commission is upheld.
The appeal is denied.
3
5. Revised Vesting Tentative Tract Map 6018 is hereby approved, subject to the
conditions of approval shown in attached Exhibit "A."
......... 000 ........
I HEREBY CERTIFY that the foregoing Resolution was passed_and.a.dp~ted by the
Council of the City of Bakersfield at a regular meeting thereof held on SEP & ~'UUL , by the
following vote:
AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
a.
CITY CLERK and Ex Officio Cle,~of the
Council of the City of Bakersfield
SEP 4 2002
APPROVED
HARVEY L. HALL /
MAYOR of the City of BakCsfield
APPROVED AS ?~FORM:
BART J. THIL/TG,~N
City~tt~ i f,~
jeng \\ S:\TRACTS\6018r\cc\res.wpd
September 11, 2002
4
EXHIBIT "A"
REVISED VESTING TENTATIVE TRACT 6018
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. In a letter dated April 4, 200, the applicant requested deviations from the following ordinance
and policy requirements:
1.1. BMC 16.28.170 E- REQUEST- use of a flag lot.
RECOMMENDATION - APPROVE the request so long as the frontage and width of the flag
portion of the lot is a minium 35 feet.
1.2. BMC 16.28.170 F - REQUEST - modification to allow non-radial and non-perpendicular lot
lines.
RECOMMENDATION - APPROVE the request so long as the lot lines are as near radial or
perpendicular as is practicable.
1.3. SDM 3.4.1.1 .b - REQUEST - modification to permit less than 500' minimum radius on local
streets.
RECOMMENDATION- APPROVE the request.
1.4. SDM Standard ST 10 - REQUEST - use of 52' right of way.
RECOMMENDATION - DENY the request. A flow line to flow line of 40' will be required,
which necessitates a right of way width of 60 feet.
Prior to recordation of the Final Map, the subdivider shall
2.1. 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/approved by the
City.
2.2. ensure that each cable television company provides notice to the City Engineer of its
intention to occupy the utility trench.
3. Final map check fees shall be submitted with the first map check submission.
4 All lots with water well facilities 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.
5
Concurrently with recordation of the Final Map, the following covenant shall be recorded by the
property owner: a covenant 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.
6
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.
WATER RESOURCES
7
Prior to construction of in-tract water facilities, plans and specifications shall be approved by the
City Water Resources staff. 6~,~.,.
Exhibit "A"
Rev. VTM 6018
page 2
8 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.
FIRE (PREVENTION SERVICES)
9
Secondary emergency access is required at the east end of Whitewater Court. Prior to
recordation, subdivider shall obtain easement from property owner of linear park (linear park is
in easement to the City). Said easement shall be a minimum of 32 feet wide for the purpose of
secondary emergency access and park maintenance. Easement shall be review by the City
Attorney prior to recordation. Prior to recordation, Subdivider shall submit a design (including
but not limited to type of gate, surface material, linear park restoration, curb cut) to be approved
by the Fire Department, the Recreation and Parks Department and City Engineer. Subdivider
shall be responsible for all costs of obtaining easement, design and construction of access,
restoring disturbance to the linear park, and permits. (RiverLakes Ranch Specific Plan requires
a masonry wall consistent with the Specific Plan to be constructed between the project site and
the linear park.)
Provide for the public health, welfare and safety.
RECREATION AND PARKS DEPARTMENT
10
All landscaping and irrigation along Southshore Drive shall be maintained by the property
owner and/or homeowners association. Provisions for maintenance shall be included in the
CC&R's.
11
Prior to recordation of a final map, subdivider shall replace and restore landscaping and
irrigation for the Coffee Road Linear Park on the east side of the wall that will be constructed
to separate the Linear Park and this subdivision, or provide security for said replacement
and restoration. Said replacement and restoration shall adhere to all City's landscape and
irrigation standards and approved by the Recreation and Parks Department.
PLANNING
12
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.
13.
If during 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 Parr in cultural resources study 1990.
S:ITRACTSI6018r[EXt,wpd
September 11, 2002
Exhibit"A"
Rev. VTM 6018
page 3
14
Prior to or concurrently with recordation of a final map, subdivider shall provide a common
access and parking easement encumbering the common areas between lots. Easement
shall be submitted to the City Attorney and Planning Director for review and approval prior to
recordation of a final map.
Po/ice power to provide for orderly development.
15
Prior to recordation of a final map, subdivider shall install landscaping and wall along the
east side of Southshore Drive adjacent Lots 23 through 26. All wall and landscaping design
shall be reviewed by the Planning Director and the Riverlakes Ranch Design Standards
Review Committee prior to installation. All wall and landscaping shall be maintained by
property owners and/or a homeowners association.
BMC Section17.28. 170 H requires wall where the proposed double frontage lots abut a
street which functions as a major street and the design is reasonable.
16
Prior to filing of a final map, the subdivider shall construct a six-foot high masonry wall along
the east boundary of the project site separating the subdivision and the Linear Park. Wall
design shall be consistent with the RiverLakes Ranch Specific Plan. Wall height shall be
measured to the highest adjacent grade. Secondary emergency access shall be provided
as stated in Condition under "Fire (Prevention Services)."
Required by the RiverLakes Ranch Specific Plan.
17
A temporary easement shall be depicted on the final map and recorded along the rear
property of those residential lots located adjacent to the future commercial site to provide
future access for removal of any existing fence and its replacement by the commercial
developer with a block wall at such time as the commercial development takes place. The
easement shall be five (5) feet in width. Upon construction of the wall, said temporary
easement for wall construction purposes shall be permanently abandoned and cease to be
in effect.
BMC 16.28. 170 K allows Planning Commission to require temporary easement based on
finding of necessary for orderly development.
18
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 period 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.
S:~TRACTSI6018r~EXf,wpd
September 11, 2002
Exhibit "A"
Rev. VTM 6018
page 4
19.
20.
21.
22.
23.
Prior to recordation of the final map, Subdivider agrees to provide the City Engineer with an
Irrevocable Offer to Dedicate for full street right-of-way at the east end of Whitewater Court.
Acceptance of the Irrevocable Offer to Dedicate shall be at the time of approval of the
Specific Plan Amendment for access to Coffee Road.
Added at the July18, 2002 Planning Commission meeting with the agreement of the
applicant.
Extend White Water Drive east to the property line within a standard 60 foot wide road
easement.
Added at the September 4, 2002 City Council meeting with the agreement of the applicant.
Note to staff: This is in addition to the emergency access a/ready required to Coffee Road.
Install an emergency access gate on White Water Drive near the intersection of Southshore
Drive.
Added at the September 4, 2002 City Council meeting with the agreement of the applicant.
Install a masonry wall similar to the one along Southshore Drive between this subdivision
and the single family subdivision located to the north and south of Tract 6018.
Added at the September 4, 2002 City Council meeting with the agreement of the applicant.
Establish a property owner's association for this subdivision to provide for on-going
maintenance of the recreational facilities within the subdivision.
Added at the September 4, 2002 City Council meeting with the agreement of the applicant.
S:I TRAC TSI6018riEX I.wpd
September 11, 2002
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