HomeMy WebLinkAboutRes. No. 74-23 (VTPM 12498)RESOLUTION NO. 74-23 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION TO APPROVE VESTING TENTATIVE PARCEL MAP 12498 (PHASED) LOCATED AT THE SOUTHWEST CORNER OF EAST BELLE TERRACE AND SOUTH MT VERNON AVENUE. WHEREAS. Kier & Wright representing GL Bakersfield Owners. LLC, filed an application with the City of Bakersfield Planning Department requesting a Vesting Tentative Parcel Map 12498 [the "Project"), consisting of 4 parcels and 1 designated remainder on 141.46 acres, as shown on attached Exhibit "B", located at the southwest corner of East Belle Terrace and South Mt Vernon Avenue as shown on attached Exhibit "C"; and WHEREAS, the application was deemed complete on August 9, 2023; and WHEREAS, the Project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with State CEQA Guidelines Section 15315, Class 15, Minor Land Division; and WHEREAS, the Secretary of the Planning Commission, did set, Thursday, September 21, 2023, 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, the Planning Commission, with the concurrence of the applicant, continued the public hearing to the regularly scheduled Planning Commission meeting of October 5, 2023; and WHEREAS, the Planning Commission, with the concurrence of the applicant, continued the public hearing to the regularly scheduled Planning Commission meeting of October 19, 2023; 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 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 public hearing support the following findings: Page 1 of 3
l. 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. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the application is a project under CEQA and the Project is Categorically Exempt from State CEQA Guidelines under Section 15315 and duly noticed for public review. 3, 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. 4. The application, together with the provisions for its design and improvement, is consistent with the Metropolitan Bakersfield General Plan, {Subdivision Map Act Section 66473,5) The proposed density and intensity of development are consistent with the SI {Service Industrial) 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, 5. Mineral right owners' signatures are not required on the final map pursuant to Bakersfield Municipal Code Section BMC Section 16,22,030,B, In accordance with Subdivision Map Act Section 66445{e), mineral rights owners1 signatures are not required on final parcel maps with 4 or fewer parcels [BMC Section 16,22,030.B). This parcel map contains 4 buildable parcels. 6. The conditions of approval are necessary for orderly development and to provide for the public health, welfare, and safety. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Bakersfield as follows: 1. The recitals above are true and correct and incorporated herein by this reference. 2, The map is Categorically Exempt from the requirements of State CEQA Guidelines Section 15315, 3, Vesting Tentative Parcel Map 12498 is hereby approved with conditions of approval and mitigation measures shown on Exhibit "A". Page 2 of 3
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 October 19, 2023, on a motion by Commissioner Neal and seconded by Commissioner Bittle, by the following vote. AYES: NOES: BASHIRTASH, BITTLE, KOMAN, NEAL NONE ABSENT: CATER, KAUR Exhibits (attached): Exhibit A: Conditions of Approval Exhibit B: Location Map with Zoning Exhibit C: Tentative Map APPROVED 11 ZACHARY ~lisH, CHAIR City of Bakersfield Planning Commission Page 3 of 3
EXHIBIT "A" VESTING TENTATIVE PARCEL MAP 12498 CONDITIONS OF APPROVAL NOTE to Subdivider I Applicant: II 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 shall be submitted for review and approval by the City Engineer. Drainage from this project site including street frontage shall be kept on site. The proposed sump and all onsite storm drain within this development shall be privately maintained. A flowage and drainage easement shall be recorded prior to approval of the grading plans. 3.2. A sewer study to include the entire subdivision and showing what surrounding areas may be served by the main line extensions. Submit verification to the City Engineer of the existing sewer capability to accept the additional flows to be generated through the development. 3.3. If the parcel map 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 canql shall incorporate the use of both source control BMP's and structural treatment control BMP's. 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 108-23 the area within the Parcel Map shall implement and comply with the "complete streets" policy. Complete streets will require pedestrian and bicycle access to the subdivision from existing sidewalks and bike lanes. If there is a gap less than 0.25 mile then construction of asphalt sidewalks and bike lanes to the subdivision will be required. 4.3. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. By Nlopete\S:\05_Land Division\12498\01_Hearing & Noticing Documents\Draft\1D.19.23 Meeling\VTPM 1249B_Exh A Con.docx
Exhibit "A" VTPM 12498 Page 2 of 9 4.4. ln addition to other paving requirements, on and off-site road improvements may be required from any collector or arterial street to provide !eft and right turn channelization into each street (or access point) within the subdivision [or 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. 5. The subdivider shall either construct the equivalent full width landscaped median island in S Mt Vernon Ave and Casa Loma Dr for the length of the site's frontage, or pay $100 per linear foot (their proportionate share of the cost for the future construction of the median). Median islands shall be designed by the first tract to be approved on a side. The medians may be constructed by the first tract on a side, or the median island fees shall be paid. NOTE: MEDIAN CONSTRUCTION AND LANDSCAPING COSTS MAY BE BASED ON ESTIMATES APPROVED BY THE CITY ENGINEER per City standards unless costs [median fees) have been previously Identified in previous conditions for the same property. The median estimate shall include line items for curb, stamped concrete, landscaping, irrigation piping and controllers. !f the median island is not constructed, the second tract across the street shall construct and landscape the median island. Construction or payment shall be for the full width street frontage of the land being subdivided. The total cost may be apportioned between the phases and paid prior to recordation of each phase if he elects to pay his share of the costs for the future construction. 6. The phasing map as submitted may be unbalanced with respect to the required improvements along the Parcel Map 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 a 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 p!aced 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. By Ntopete\S:\OS_Lond Division\12498\01,,Heoring & Noticing Documents\Droft\10. 19.23 Meefing\VTPM /2498_Exh A Con.docx
Exhibit "A" VTPM 12498 Page3 of9 7. 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 a final map, the City Engineer shall determine the extent of improvements to be constructed with that particular phase, 7.1. The following shall occur with Phase 1. 7.1.1. Construct half width improvements along East Belle Terrace, to Collector street standards. from South Washington St to South Mt Vernon Ave 7.1.2. Construct half width improvements along South Mt Vernon Ave, to Arterial street standards, from East Belle Terrace to the Phase 1 /2 boundary. 7.1.3. Construct the Traffic Signal at the intersection of East Belle Terrace and Mt Vernon Ave OR provide a Traffic study, for review by the Traffic Engineer, to determine whether this requirement can be deferred to a later phase. 7.2. The following shall occur with Phase 2. 7.2.1. Construct half width improvements along South Mt Vernon Ave, to Arterial street standards, from the Phase 1 /2 boundary to East Casa Lorna Dr. 7.2.2. Construct half width improvements along Casa Loma Drive. to Arterial street standards, from S Mt Vernon Ave to the Phase 2/3 boundary. 7.3. The following shall occur with Phase 3. 7.3.1. Construct half width improvements along South Washington St, to Collector street standards, from East Belle Terrace to East Casa Loma Dr. 7.3.2. Construct half width improvements along Casa Loma Drive, to Arterial street standards, from the Phase 2/3 boundary to South Washington St. 7.4. The subdivider is responsible for verifying that existing streets within the boundary of the parcel map are constructed to city standards and the developer must reconstruct or repair substandard existing off-site street improvements that front the project site, to the adopted city standards as directed by the City Engineer. 7 .5. 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. 7 .6. Turning movements along arterial streets shall be restricted to right turn in and right turn out only. 7.7. Street Name Signs (SNS): 7.7.1. Metro Size SNS shall be installed at the intersection of local streets with Arterial and collector streets, 7.7.2. Standard SNS shall be installed at all other locations. By Ntopefe\S:\OS~Lond Division\12498\01,.Heoring & Noticing Documents\Draft\10.1923 Meeting\ VTPM 12498_Exh A Con,docx
Exhibit 11A" VTPM 12498 Page 4 of 9 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. 8. Prior to recordation of the first final map, the applicant shall: 8.1. Pay their proportionate fair share for the Eastbound to Southbound right turn lane at the intersection of Brundage Lane and Mt Vernon Ave OR provide a Traffic study, for review by the Traffic Engineer, to determine whether this requirement can be deferred to a later phase. 9. Prior to recordation of the Final Map, the applicant shall: 9.1. 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, of the corresponding phase, have been completed by the subdivider and accepted by the City. 9 .2. 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. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents. 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. 9.4. Submit for the City's Review and approval C.C. & R.'s and Property Owner's Association By-Laws for the use and maintenance of al! non-dedicated, shared facilities. Among those non-dedicated, shared facilities will be the on-site sewer main lines and laterals and storm water retention basin(s), shared access, and associated storm drain lines and appurtenant facilities. 10. Prior to Building Occupancy, the applicant shall provide written confirmation, from Caltrans, stating that the Caltrans conditions regarding the traffic signal at the SR 58 westbound ramps and Mt Vernon Avenue have been satisfied. This could be in the form of an agreement between the applicant and Caltrans. 11. Submit a street lighting plan for the frontage streets, if not already approved and installed. By Ntopete\S:\OS_Lond Division\/2498\0I_Heoring & Noticing Documents\Draft\10. 19.23 Meeting\VTPM 12498~Exh A Con.doe',;
Exhibit "A" VTPM 12498 Page 5 of 9 12. Prior to the 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{Le., "offsite improvements"), as defined in BMC § 116.16.0B0(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. 13. The developer is required to construct an improvement which is on the facilities list for the Metropolitan Bakersfield Transportation Impact Fee, Mt Vernon Avenue. The developer shall receive credit against his traffic impact fees for constructing this project. The 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. 14. It is recommended that the on-site sewer system shall be inspected with video equipment designed for this purpose and as approved by the City Engineer. If the developer chooses to video the on-site sewer system, then the following procedure is recommended: The television camera shall have the capability of rotating 360°, in order to view and record the top and sides of the pipe, as required. The video inspection shall be witnessed by the subdivider's engineer, who will also initial and date the "Chain of Custody" form. Any pipe locations revealed to be not in compliance with the plans and specifications shall be corrected. A recorded video cassette completed "Chain of Custody" form, and a written log (which includes the stationing, based on the stationing of the approved plans, of all connected laterals) of the inspection shall be provided for viewing and shall be approved by the subdivider's engineer prior to acceptance. After the subdivider's acceptance of the system, the video cassette, forms, and logs shall be submitted to the City Engineer. 15. The developer shall install streetlights per current City of Bakersfield standards. 16. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted fees in place for the land use type at time of development. 17. All lots with sumps and water well facilities will have wall and/or slatted chain link fence and landscaping to the appropriate street standards, at the building setback with landscaping as approved by the Public Works and Parks Directors, unless the sump is a private facility. Jf the sump will be privately maintained, the sump shall be constructed to City standards and shall have a wall or slatted chain link fence separating the sump from the public. 18. Access to the sump shall be determined with the review of the street improvement plans. 19. Drainage basins shall be reviewed and approved by both the Public Works Department and the Water Resources Department. By Ntopete\S:\05_.Lond Division\12498\01 . .Heoring & Noticing Documenls\Droff\10, 19.23 Meeting\ VTPM 124-98_Exh A Con.docx
Exhibit "A" VTPM 12498 Page 6 of 9 20. Install blue markers in the street at the fire hydrants per the Fire Department requirements. 21. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 22, 1997, and modification letter dated October 20, 2000. 22. In order 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. 23. Any application for an Extension of Time per SMA 66452.6a must be submitted to the Public Works Department prior to the expiration of the tentative map. FIRE SAFETY DIVISION 24, Pipeline Easements. 24, I. Concurrently with recardation 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. 24.2. 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 bui!t within 50 feet of a gas main, or transmission line, or refined liquid product !1ne with 36 inches of cover and record a corresponding covenant. 24.3. No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within 48 inches or more of cover. !f 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. 24.4, 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. 24.5, 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 al! lots of this subdivision within 250 feet of the pipelines. American Petroleum Institute Standards and Guidelines for property development 25. Fire Apparatus Access Roads and Hydrants 25.1. 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. By Ntopele\S:\OS_Land Division\12498\01,_Heoring & Noticing Documents\Droft\/0, 19.23 Meeting\VTPM 12498_Exh A Con.docx
Exhibit "A" VTPM 12498 Page 7 of 9 25.2. Dead-End fire apparatus access roads in excess of 150 feet shal! be provided with width and turnaround provisions in accordance with Table D l 03.4. [California Fire Code) Table D103.4 Reauirments for Dead-End Fire Annaratus Access Roads Length Width Turnaround Required iFeetl ifeetl 0-150 20 None renuired 120-foot Hammerhead. 60-foot "Y" or 96-foot 151-500 20 diameter cul-de-sac 120-foot Hammerhead, 60-foot "Y" or 96-foot 501-750 26 diameter cul-de-sac Over 750 Snecial Annroval Renuired 25.3. 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 26. If median construction on South Mt Vernon is required, the Subdivider shall be responsible for improving median landscaping to City standards. Orderly development. CITY ATTORNEY 27. 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 provisions 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. By Ntopele\S:\OS~Land Division\12498\0I_Hearing & Noticing Documents\Draft\10.19.23 Meeling\VTPM 12498_Exh A Can.docx
Exhibit "A" VTPM 12498 Page 8 of 9 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 law firm ta 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. PLANNING 28. 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 6647 4.2. 29. The subdivision shall be recorded in no more than 4 phases. Phases shall be identified numerically and not alphabetically. Orderly development. 30. 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 safely by ensuring water service to the subdivision at the time of final map recordotion because the water purveyor has included an expiration date in the initial "will serve" letter. 31. !n the event a previously undocumented wel! 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 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. 32. Prior to or concurrently with recordation of any phase within 500 feet of the drill site, subdivider shall record a covenant disclosing the location of the drill site on all lots of this subdivision within 500 feet of them. Comply with BMC Section BMC 15.66.080 C. and for public health, welfare and safety. By Ntopete\S:\OS_Lond Division\12498\01 _Hearing & Noticing Documents\Droft\10.19.23 Meeting\VTPM /2498_Exh A Con.docx
Exhibit "A" VTPM 12498 Page 9 of9 33. Prior to recordation of each final map, the subdivider shall provide written confirmation to the Planning Director that the abandoned well plug been leak tested by an independent, third party, qualified leak testing company and that it shows no sign of leakage. If there is evidence of leakage, re-abandonment of the well may be required to the satisfaction of the Department of Conservation's Division of Geologic Energy Management (CalGEM), confirmation of which the subdivider shall provide to the Planning Director. Police power based on public health, welfare and safety. 34. Prior to or concurrently with recordation of any final map containing abandoned oil well, subdivider shall provide a covenant disclosing the location of abandoned oil wells and the 10-foot non-buildable radii shall be recorded, The covenant shall be submitted to the City Attorney and Planning Director for review and approval prior to recordation of the final map. Police power based on public health, welfare and safety. 35. Prior to issuance of a building permit or development, whichever occurs first, of the Designated Remainder, the developer will either apply for a subdivision map or a Certificate of Compliance for the Designated Remainder, Subdivision Map Act Section 66424.6 36. lf 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. By Nlopete\S:\05_Land Division\12498\01 .. Heoring & Noticing Docvments\Droft\/0.19.23 Meeting\ VTPM 1249B_Exh A Con.docx
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