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RES NO 221-02
RESOLUTION NO. 221 -02 RESOLUTION UPHOLING THE APPEAL AND MODIFYING THE DECISION OF THE PLANNING COMMISSION APPROVING REGARDING VESTING TENTATIVE TRACT NO. 6140 PHASED AND DEVELOPMENT PLAN FOR PUD ZONE CHANGE NO. 02- 0291 ON CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF HIGHWAY 58, AND THE EAST SIDE OF SOUTH OSWELL STREET. WHEREAS, on October 17, 2002, the Planning Commission conducted a public hearing and adopted Resolution No. 132-02 approving with conditions Vesting Tentative Tract Map 6140 (phased), as depicted on attached Exhibit "B;" and WHEREAS, also on October 17, 2002, the Planning Commission conducted a public hearing and adopted Resolution No. 133-02 approving with conditions the Development Plan for Zone Change No. 02-0291, a Planned Unit Development zone for single family homes, as shown on attached Exhibit "D;"; and WHEREAS, Vesting Tentative Tract Map 6140 (phased) consists of a proposed tentative subdivision containing 357 lots for purposes of single family development, 1 lot for private a park, and 1 lot for a retention basin on 80.82 acres, zoned R-l/PUD (One Family Dwelling- Planned Unit Development) including a request for alternate lot and street design, and request to waive mineral rights signatures pursuant to BMC 16.20.060 B.1; and WHEREAS, Mclntosh and Associates, filed an appeal to the Planning Commission decision relative to Vesting Tentative Tract Map 6140 in accordance with the provisions set forth in Section 16.16.080 of the Bakersfield Municipal Code; and WHEREAS, Mclntosh and Associates, concurrently filed an appeal to the Planning Commission decision relative to Development Plan for Zone Change #02-0291 in accordance with Section 17.52.030 D of the Bakersfield Municipal Code; and WHEREAS, the nature of the appeal by Mclntosh and Associates concerned maintenance of the sump located within the tract, and disclosure of surrounding property uses in the CC&R's to be recorded for the subdivision; and WHEREAS, the City Council, through its Secretary, did set, WEDNESDAY, DECEMBER 11, 2002 at the hour of 7:00 p.m. 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 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, 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 and approved by the City Council on August 21, 2002, in conjunction with GPA/ZC# 02-0291 and in accordance with CEQA; and WHEREAS, said Negative Declaration is applicable to and appropriate for this project; 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 all appear to be true and correct; and WHEREAS, at said public hearing held December 11, 2002 the proposed tentative map submitted by Mclntosh and Associates was duly heard and considered and the City Council found relative to Vesting Tentative Tract Map 6140 as follows: 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 10 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, duly noticed and adopted by the City Council on August 21, 2002 for related project # GPNZC 02-0291. In accordance with CEQA section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. Applicable mitigation measures from related GPA/ZC 02-0291 have been included in conditions of approval. A Negative Declaration for the proposed project is the appropriate environmental document to accompany proiect approval. In accordance with CEQA, staff prepared an initial study for the proposed project and indicated that because mitigation measures relating to noise and traffic have 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, together with the provisions for its design and improvement, is consistent with the General Plan. (Subdivision Map Act 66473.5) The proposed density and intensity of development are consistent with the Low 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. 2 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 project application 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 modifications as stated above are approved as conditions in accordance with BMC Section 16.26.170(O)(3) including the following findings: The proposed subdivision is within the density range depicted for the property in the general plan. The subdivision is planned to provide a balanced housing stock within a defined area. The subdivision does not result in an unjustified concentration of substandard lots within a defined area. The applicant has demonstrated that the development will not require a modification for the reduction of the required front, rear, or side-yard setbacks on any lot within the subdivision, except as specifically approved with the R-l/PUD development plan. The proposed development offers elements unique to the project that justify the reduction in lot area standards that include an 0.68 acre private park, and private gated streets. The requirement for minimum 20-foot setback (measured from right-of-way line) and roll up garage doors on each residential lot is necessary to provide for the public health, welfare and safety. WHEREAS, at said public hearing held December 11, 2002 the proposed Planned Development for Zone Change No. 02-0291, submitted by Mclntosh and Associates was duly heard and considered and the City Council found relative to said Development Plan as follows: 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 10 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, duly noticed and adopted by the City Council on August 21,2002 for related project # GPA/ZC 02-0291. In accordance with CEQA section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. Applicable mitigation measures from related GPA/ZC 02-0291 have been included in conditions of approval. 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 mitigation measures relating to noise and traffic have been incorporated into the project, the project will not significantly impact the physical environment. 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 Low 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. In accordance with Bakersfield Municipa~ Code Section 17.64.060 B, make the following findings relative to the requested setbacks modifications. The granting of the proposed modification will be materially detrimental to the public welfare, and injurious to the property or improvements in the zone or vicinity in which the subject property is located. The approval of this modification is not necessary to permit appropriate improvements on the site. The approval of this proposal is inconsistent with the purpose and intent of the City of Bakersfield's Zoning Ordinance and complies with the minimum required codes, policies and standards for development adopted by the City Council. The requirement for minimum 20-foot setback (measured from right-of-way for the public health, welfare and safety. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD as follows: 1. That the above recitals, incorporated herein, are true and correct. That this map and development plan pertains to the Negative Declaration previously approved in conjunction with Project No. GPA/ZC 02-0291. The appeal is upheld and the decision of the Planning Commission is modified to provide for City maintenance of the sump as conditioned in attached Exhibits "A" and "C;" and delete the Planning Commission conditions requiring disclosure information about adjacent land uses to home buyers. That Vesting Tentative Tract Map 6140, as outlined above, is hereby approved with conditions of approval and mitigation measures shown on Exhibit "A." That the Development Plan for Zone Change No. 02-0291, as outlined above, is hereby approved with conditions of approval and mitigation measures shown on Exhibit "C." ......... 000 ......... by I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, the Council of the City of Bakersfield at a regular meeting thereof held on ,,_00~ by the following vote: DEC 1 1 ~ ~ AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~,~..~ COUNClLMEMBER COUNClLMEMBER PAMELA A. McCARTHY(,CMc CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED DEC 1 1 2002 Mayor of the City of Bakersfi&ld APPROVED as to form BART J. THILTGE~N Exhibits: A. VTM 6140 Conditions of Approval B. Location Map and Map of Vesting Tentative Tract Map 6140 C. Development Plan Conditions of Approval D. Location Map and Map of Development Plan (ZC #02-0291) jeng I ~ S.iTRACTSt61401cclres. doc// November 21, 2002 EXHIBIT "A" VESTING TENTATIVE TRACT MAP 6140 CONDITIONS OF APPROVAL PUBLIC WORKS 1. In a letter dated August 22, 2002, the applicant requested deviations from the following ordinance and policy requirements: 1.1. BMC 16.28.170 G - Request - permit lots to be divided by a city boundary line. Recommendation - APPROVE the request. The area shall be annexed into the City prior to recordation of any final map. 1.2. BMC 16.28.070 - Request - permit private streets Recommendation - APPROVE the request 1.3. SDM Standard ST 3 - Request - permit to provide less than standard width sidewalk (4'). Recommendation - Approve the request on private streets only provided the 4 foot width is measured from the back of curb to back of sidewalk, and that a 4' minimum clear sidewalk width is maintained around any obstructions. 1.4. SDM Standard ST 11 - Request - use of 50' wide streets with 40' flow line to flow line width. Response - APPROVE the request. 2. A waiver of direct access rights from all abutting residential lots to Osweil Street, Zephyr Lane, and Sterling Road shall be required. 3. A waiver of direct access rights shall be required from all abutting lots to Tyner Lane, Old Taos Street, and Old Santa Fe Street. 4. Provide a waiver of direct access rights to Oswell Street from the State Route 58 on-ramp to 500 feet south, excepting up to three commercial driveways which are subject to meeting City standards for separation, required right turn lanes, and all other applicable standards; and must meet the approval of CalTrans to eliminate future need for design exceptions. No more than one access location shall be allowed left turn ingress. 5. Access to the retention basin shall be provided from the interior of the subdivision as shown on the map. 6. Turning movements on Oswell Street at Tyner Lane shall be limited to southbound left in, northbound right in, and westbound right out. 7. Dedicate and construct a right turn lane on Oswell Street at Tyner Lane. 8. Construct improvements as approved by the City Engineer at the Oswell Stree*JTyner Lane intersection to allow only those turning movements cited above. An Encroachment Permit from CalTrans shall be obtained for any construction within CalTrans right of way, and construction shall be done in conformance with CalTrans standards and requirements. 10. A flowage easement shall be granted to the City to allow for the collection of drainage from Oswell Street, Zephyr Lane, and Sterling Road adjacent to the residential portion of the tract. In order for the sump to be maintained by the City, subdivider shall construct the sump to meet all City standards as to size, capacity, fencing, landscaping, etc. The access to the sump shall be from the public local street - Tyner Lane or as approved by the City Engineer. Exhibit "A" VTM 6140 page 2 11. Drainage adjacent to and from the commercial portion of the subdivision shall be retained on site, unless an agreement is made for the use and maintenance of the residential retention basin. City will not maintain or contribute to the maintenance of the commercial area drainage system. 12. The subdivider shall install street lights on the interior, private streets. Prior to recordation of the first final map, submit a street lighting plan for the interior streets. 13. With submittal of the first plan, map, or study, provide the street dedications required by Resolution No. 142-02 for approval of GPA 02-0291. 14. Prior to issuance of a building permit, pay the required RTIF and local traffic mitigation costs as stated in Resolution No. 142-02 for approval of GPA 02-0291. 15. Prior to the first final map being scheduled for City Council approval, C. C. & R.'s and Homeowner's Association By-Laws shall be approved by the City to be recorded concurrently with the final map. The entire residential area being subdivided shall be included in the documents. Provision shall be clear that subsequent phases are part of the Association and subject to terms of the recorded documents. 16. With the first final map or development fronting on Oswell Street, median fees shall be paid for the future construction of the landscaped median island in Oswell Street and shall be paid for the full frontage of the tentative map 17. Prior to acceptance of the public improvements by the City, 17.1. the subdivider's engineer shall 17.1.1. provide certification to the City Engineer that, except as otherwise provided, the private improvements have been constructed to City standards, ordinances, and policies, all in accordance with approved plans. 17.1.2. submit to the City Engineer copies of the sewer video cassette, forms, and his inspection Icg. 17.2. written verification shall be obtained from the Fire Department that all gates, locks, and keys have been installed or provided to their satisfaction. 18. The phasing map as submitted is to be balanced with respect to the required improvements along the tract 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 placed 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 19. Oswell Street shall be constructed with the first phase from Zephyr Lane northerly to tie into existing improvements, except that sidewalks and block walls may be constructed with later phases or development. Jeng II S:tTRACTSI6140~clTractExhA.DOC Novernber 2f, 2~02 Exhibit "A" VTM 6140 page 3 20. Zephyr Lane shall be constructed in no more than two segments. 21. Sterling Road shall be constructed in one segment. 22. Prior to recordation of each Final Map, the subdivider shall 22.1. 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. 22.2. ensure that each cable television company provides notice to the City Engineer of its intention to occupy the utility trench. 23. On and off site road improvements are required from any collector or arterial street to provide left turn channelization into each street (or access point) within the subdivision (or development). 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. 24. Because of the proliferation of non-approved, above-ground utility cabinets within public rights of way, the subdivider shall provide a proposed utility plan to be submitted with the improvement plans for review and approval. The approved utility plan is to also include the location of service points for the street lights. 25. Final map check fees shall be submitted with the first map check submission. 26. All lots with water well facilities that front arterial or collector streets will have wall and landscaping to arterial or collector 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. 27. Concurrently with recordation of each 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. 28. The on-site sewer system shall be inspected with video equipment designed for this purpose and as approved by the City Engineer. 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. Jeng ~ S:~TRACTS[614¢cclTractExhA.DOC November 21, 2032 Exhibit "A" VTM 6140 page 4 29. 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. PLANNING 30. 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. 31 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. 32 The subdivision shall be developed in no more than 8 phases. Phases shall be identified numerically and not alphabetically. 33 Prior to recordation of a final 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 phase to be recorded. 34 The map shall become effective on the completion date of the annexation (Annexation #435/Oswell #8 -Wible#13) and no map may record prior to this date. Annexation of the area shall be completed within one year of the Planning Commission hearing to consider this map. 35 Subdivider shall obtain Planning Commission approval of the related development plan for Zone Change #02-0291 prior to recordation of any final map. 36 Walls: 36.1 Brickcrete" wall material (and similar material) shall not be allowed for wails along perimeter of subdivision. Standard masonry block shall be required. 36.2 The sound wall/barrier shall be located along the west boundary of the CalTrans sump (sump located at southwest corner of Hwy 58 and So. Sterling Rd.); along the north boundary of the subdivision and extend 313 feet west of the northwestern boundary (Lot 7, Phase 3) of the residentially zoned land of the subdivision. Sound wall shall be constructed prior to recordation of the first final map. with any portion of that phase located within 1,052 feet of the centerline of SR 58. Sound wall/barrier shall be designed as follows: an 8 foot high masonry block wall construced on a 4 foot high berm. Homeowners association shall be responsible for maintaining this wall/barrier. Jeng [~ S.tTRACTS~6140~clTractExhA.DOC November 21, 2002 Exhibit "A" VTM 6140 page 5 37 Sudivider shall construct a 6 foot high masonry block wall: 37.1 along the west boundary of the residentially subdivision (rear lot lines separating residential lots and the commercially zoned property) with recordation of Phase 1, 2 and 3, as each phase records. The 6 foot high wall shall be stepped in height to transition to the sound wall/barrier. The 6 foot high wall (with transition) shall be physically connected to the sound wall. Barrier in a manner not to result in a gap between the walls. Prior to recordation of a final map, subdivider shall submit a diagram depicting how the transition in height is proposed to be conducted and obtain approval from the Planning Director. Wall shall be maintained by homeowners association. Developer may construct a view fence along this wall adjacent the model homes (proposed to be located along the west boundary of the residential zoned land). However, the wall shall be constructed to full height prior to recordation of the last phase of the subdivision or upon development of the commercial property, whichever occurs first. Construction of the view wall to full height may be secured in a form approved by the City Engineer and Planning Director. 37.2 along the south side of the Caltrans sump separating the residential subdivision and the sump with recordation of Phase 7. The 6 foot high wall shall be stepped in height to transition to the sound wall/barrier. The 6 foot high wall (with transition) shall be physically connected to the sound wall. Barrier in a manner not to result in a gap between the walls. Prior to recordation of a final map, subdivider shall submit a diagram depicting how the transition in height is proposed to be conducted and obtain approval from the Planning Director. Wall shall be maintained by homeowners association. 37.3 along the south side of Tyner Lane. Wall shall be construced with recordation of adjacent phase. Wall shall be maintained by homeowners association. (See landscape condition below.) 37.4 along the east side of South Oswell Street. Wall shall be construced with recordation of adjacent phase. (See landscape condition below.) 37.5 along the north side of Zephyr Lane. Wall shall be construced with recordation of adjacent phase.(See landscape condition below.) 37.6 along the west side of South Sterling Road. Wall shall be construced with recordation of adjacent phase. (See landscape condition below.) 38 Landscaping: Subdivider shall be required to install landscaping around perimeter of subdivision as follows: 38.1 Minimum 5 foot wide landscape strip along south side of Tyner Lane to be maintained by homeowners association. Landscaping shall be installed with recordation of Phase 1. 38.2 Ten foot wide landscape strip along the east side of South Oswell Street adjecent the Retention Basin to be maintained by maintenance district. Landscaping shall be installed to City standard with recordation of Phase 1. Jeng II S:ITRACTSI6140~ctTractExhA. OOC November 21, 2002 Exhibit "A" VTM 6140 page 6 38.3 Eight foot wide landscape strip along the north side of Zephyr Lane to be maintained by maintenance district. Landscaping shall be installed installed to City standard with recordation of phases adjaent Zephr Lane. 38.4 Eight foot wide landscape strip along the west side of South Sterling Road to be maintained by maintenance district. Landscaping shall be installed installed to City standard with recordation of phases adjacent South Sterling Road. 39 The following Planning Dept. related modifications are conditionally approved as follows (Refer to Public Works above for other modifications). 39.1 Approve private gated interior streets with 50' R-O-W & 40" flowline ,landscaped medians at entry. Private streets, landscaping, park and other common areas shall be maintained by homeowners association. 39.2 Approve sidewalk width reduction from five feet to four for private streets. Four foot width measurement of sidewalk shall not include curb. 39.3 Reduced lot depth shall be approved as follows: 39.4 Typical Lot shall measure: 62.5' wide X 96.5' deep 39.5 Knuckle Lots Depth: Lot 4, Phase 3 ......... 87.64' Lot 5, Phase 3 ........ 94.18' Lot 8, Phase 7 ......... 91.31' Lot 34, Phase 8 ........ 87.49' 39.6 Lot Depth Adjacent Hwy 58 for Lot 8, Phase 2 shall be 110' (minimum) 39.7 Lot Depths Adjacent A zone (CalTrans sump) shall be as shown on tentative subdivision map (Exhibit "2") 39.8 Approve reverse corner lots for Lots 6 & 7, Phase 1 and Lot 44, Phase 7. 40 The Kern County Mosquito and Vector Control District shall be porvided access to storm drain sumps for the purpose of inspecting and treating mosquito breeding sources. 41 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. 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. Jeng II S;[TRACTSI6140~cc[TractExhA.DOC November 21, 2002 Exhibit "A" VTM 6140 page 7 42 Prior to recordation of any final map, abandonment or relocation of the easement/pipeline (in favor of Standard Oil) shall be required. Development Plan The following conditions pertain to the Development Plan for related R~ 1~PUD Combining Zone approved for Zone Change #02-0291. These conditions are provided here for consisency between the subdivision and the development plan. 43 Subdivider shall construct the private 0.88 acre park prior to or concurrently with recordation of the fifth phase of the subdivision. The private park shall at a minimum include a barbecue and picnic area covered with a shade trellis, 5 other picnic table/benches placed throughout the park, trees and open turf area, as shown on the Preliminary PUD Plan. 44 Reduction of the front yard setback from 25 feet to 20 feet is approved. Subdivider's application indicates that sideyard and rearyard setbacks shall be to City standard. 45 Request to delete the required 50 foot dwelling unit setback from property zoned A is approved for those lots adjacent the CalTrans sump. Conditions Added by Planning Commission at 10/17/02 Meeting: 46. Subdivider/developer shall provide a minimum 20-foot long setback (measured from right-of- way line shown on the tentative subdivision map) and roll up garage doors for each residential lot. Jeng ~ S:ITRACTS~6140~cclTractExhA.DOC November 21, 2002 Ii !ti'~ ! I1!'; lll~l:;llll'll II"-I'~; : n B I ' t,lli,h",''~'i, ~ ,...,]![ill!!?]?}t,ill;l:..,,,., Ol~tg 'ON .LOVHJ. 3AIJ. V.LNg.L DNI/g3A ~i:' lid L EXHIBIT "C" DEVELOPMENT PLAN ZONE CHANGE #02-0291 CONDITIONS OF APPROVAL Subdivider shall construct the private 0.88 acre park prior to or concurrently with recordation of the fifth phase of Vesting Tentative Tract Map 6140. The private park shall at a minimum include a barbecue and picnic area covered with a shade trellis, 5 other picnic table/benches placed throughout the park, trees and open turf area, as shown on the Preliminary PUD Plan. 2 Reduction of the front yard setback from 25 feet to 20 feet is approved. Subdivider's application indicates that sideyard and rearyard setbacks shall be to City standard. 3 Request to delete the required 50 foot dwelling unit setback from property zoned A is approved for those lots adjacent the CaITrans sump. 4 The following modifications are conditionally approved as follows: 4.1 Approve private gated interior streets w'th 50 R-O-W & 40" flowline ,landscaped medians at entry. Private streets, landscaping, park and other common areas shall be maintained by homeowners association. 4.2 Approve sidewalk width reduction from five feet to four for private streets. Four foot width measurement of sidewalk shall not include curb. 4.3 Reduced lot depth shall be approved as follows for Vesting Tentative Tract Map 6140: 4.4 Typical Lot shall measure: 62.5' wide X 96.5' deep 4.5 Knuckle Lots Depth: Lot 4, Phase 3 .........87.64' Lot 5, Phase 3 ........ 94.18' Lot 8, Phase 7 .........91.31' Lot 34, Phase 8 ........87.49' 4.6 Lot Depth Adjacent Hwy 58 for Lot 8, Phase 2 shall be 110' (minimum) 4.7 Lot Depths Adjacent A zone (CaITrans sump) shall be as shown on approved Vesting Tentative Tract Map 6140. 4.8 Approve reverse corner lots for Lots 6 & 7, Phase 1 and Lot 44, Phase 7. 5 Walls: 5.1 Brickcrete" wall material (and similar material) shall not be allowed for walls along perimeter of subdivision. Standard masonry block shall be required. 5.2 The sound wall/barrier shall be located along the west boundary of the CaITrans sump (sump located at southwest corner of Hwy 58 and So. Sterling Rd.); along the north boundary of the subdivision and extend 313 feet west of the northwestern boundary (VTM 6140, Lot 7,Phase 3) of the residentially zoned land of the subdivision. Sound wall shall be constructed prior to recordation of the first final map with any portion of that phase located within 1,052 feet of the centerline of SR 58. (condition continues on next page.) S:ITRACTSI61401cc~Dev Plan ExhC. DOC November 21, 2002 Exhibit "C" Dev Plan ZC 02-0291 page 2 Sound wall/barrier shall be designed as follows: an 8 foot high masonry block wall construced on a 4 foot high berm. Homeowners association shall be responsible for maintaining this wall/barrier. 5.3 Sudivider shall construct a 6 foot high masonry block wall: 5.3.1 along the west boundary of the residentially subdivision (rear lot lines separating residential lots and the commercially zoned property) with recordation of VTM 6140 Phase 1, 2 and 3, as each phase records. The 6 foot high wall shall be stepped in height to transition to the sound wall/barrier. The 6 foot high wall (with transition) shall be physically connected to the sound wall. Barrier in a manner not to result in a gap between the walls. Prior to recordation of a final map, subdivider shall submit a diagram depicting how the transition in height is proposed to be conducted and obtain approval from the Planning Director. Wall shall be maintained by homeowners association. Developer may construct a view fence along this wall adjacent the model homes (proposed to be located along the west boundary of the residential zoned land). However, the wall shall be constructed to full height prior to recordation of the last phase of the subdivision or upon development of the commercial property, whichever occurs first. Construction of the view wall to full height may be secured in a form approved by the City Engineer and Planning Director. 5.3.2 along the south side of the Caltrans sump separating the residential subdivision and the sump with recordation of VTM 6140 Phase 7. The 6 foot high wall shall be stepped in height to transition to the sound wall/barrier. The 6 foot high wall (with transition) shall be physically connected to the sound wall. Barrier in a manner not to result in a gap between the walls. Prior to recordation of a final map, subdivider shall submit a diagram depicting how the transition in height is proposed to be conducted and obtain approval from the Planning Director. Wall shall be maintained by homeowners association. 5.3.3 along the south side of Tyner Lane. Wall shall be construced with recordation of adjacent phase. Wall shall be maintained by homeowners association. (See landscape condition below.) 5.3.4 along the east side of South Oswell Street. Wall shall be construced with recordation of adjacent phase. (See landscape condition below.) 5.3.5 along the north side of Zephyr Lane. Wall shall be construced with recordation of adjacent phase.(See landscape condition below.) 5.3.6 along the west side of South Sterling Road. Wall shall be construced with recordation of adjacent phase. (See landscape condition below.) Jeng ~ S:ITRACTS[6140~ccIDev Plan ExhC, DOC November21, 2002 Exhibit "C" Dev. Plan ZC 02-0291 page 3 6 Landscaping: Subdivider shall be required to install landscaping around perimeter of subdivision as follows: 6.1 Minimum 5 foot wide landscape strip along south side of Tyner Lane to be maintained by homeowners association. Landscaping shall be installed with recordation of VTM 6140 Phase 1. 6.2 Ten foot wide landscape strip along the east side of South Oswell Street adjecent the Retention Basin to be maintained by maintenance district. Landscaping shall be installed to City standard with recordation of VTM 6140 Phase 1. 6.3 Eight foot wide landscape strip along the north side of Zephyr Lane to be maintained by maintenance district. Landscaping shall be installed installed to City standard with recordation of phases adjaent Zephr Lane. 6.4 Eight foot wide landscape strip along the west side of South Sterling Road to be maintained by maintenance district. Landscaping shall be installed installed to City standard with recordation of phases adjacent South Sterling Road. 7 The Kern County Mosquito and Vector Control District shall be porvided access to storm drain sumps for the purpose of inspecting and treating mosquito breeding sources. Conditions Added by Planninq Commission at 10/17/02 Meeting: Subdivider/developer shall provide a minimum 20-foot long setback (measured from right-of- way line shown on the tentative subdivision map) and roll up garage doors for each residential lot. Jeng II S:ITRACTSI6140~ccIDev Plan ExhCDOC November 21, 2002 ®o~© ®® Minutes, PC, October 17, 2002 Parle 4 6.3a&b) Vestinq Tentative Tract 6140 (Phased) and Development Plan for Sinqle Family Residential (Mclntosh & Associates) (Ward 1) Public portion of the hearing was opened. Staff report given recommending approval subject to the conditions contained in the staff report. No one spoke in opposition. Roger Mclntosh, representing the applicant, stated they concur with the Public Works Department memo dated October 11, 2002 which deals with access waiver of direct access rights to Oswell and the memo from Mr. Grady dated October 15 except for his analysis of park land credit. They have withdrawn their request for park land credit. They do concur with the other provisions to the changes to the conditions and the memorandum dated October 17 concerning the roll up doors. They request the Commission consider revising two of the conditions. Specifically, conditions number 10 and 11 having to deal with the drainage basin that is along Oswell. This basin is designed to take water off of public streets as well as off the commercial and private area. They do not agree with the requirement that the city will not maintain that basin, it is unusual to have the homeowners setup to maintain the basin. A homeowners association should not have to take on that responsibility. The city is in the business of maintaining public facilities even to the extent that their subdivision design manual requires maintenance of drainage facilities to be "maintained by an entity with taxing powers." Homeowners associations do not have taxing powers and do not have the ability to impose that tax. The subdivision design manual requires that the right-of-way required for retention basins shall be deeded in fee to the city. The fact that it has to be deeded and granted to the city should facilitate the requirement for the city to maintain that basin. The basin does take private water off of the private areas and the proper~y owners do pay property taxes and those property owners will take care of the maintenance of the streets within the entire subdivision so that cost is not imposed on the city. The city will also get a direct benefit from the significant increase in tax revenues on the commercial area and those monies should be adequate to take care of the maintenance of that facility. They request the Commission delete the requirement that an entity be formed to maintain the drainage basin off of those two conditions. He stated he is here to answer any questions the Commission might have. Public hearing was closed. Ms. Shaw said this is not the first time they have made it a requirement that a sump be maintained privately. The only public water that this sump will accept is the frontage of the tract and the commercial area. She asked the Commission to compare that with the area of the public streets with the area of the remainder of the tract. Most of the water going into that sump is generated by the private streets. A very small portion of the water comes from the public street which fronts the private tract, it is not the desire of the Public Works Department to maintain the sump for a private development. They have made this request to other private developments. Commissioner Gay asked Mr. Walker if they have any concerns about the request for reduced streets? Mr. Walker said that the homeowners association usually takes care of the problem and it is consistent with what they have done in the past and he is not concerned at this time about that standard. Commissioner Gay said he does not have a problem with keeping the sump private. Commissioner Tragish asked Mr. Walker if three accesses were enough for the tract and where was the emergency access? Mr. Walker said three access points for 300 tots is common and they don't have a problem with that. If there is additional access needed for emergency access they defer to those conditions that may be approved by the Fire Department. Mr. Walker said that they look al the number of lots not necessarily the size of the lots. You would have a similar number of volume of traffic and activity in an apartment complex. Minutes, PC, October 17, 2002 Page 5 Commissioner Tragish asked that since this is a phased project, would there be sufficient access as it develops? Mr. Walker said they require access in a temporary nature (if it is phased) so that they would also have at least the minimum number of access points. Commissioner Tragish asked if we have required other homeowner associations to maintain sumps? Ms. Shaw said yes because it is a private tract. Commissioner Tragish asked if there are private tracts where the city does service the sumps? Ms. Shaw said she believes there are some within the City of Bakersfield that have publicly maintained sumps. Commissioner Tragish asked what determines whether the homeowners association is or is not responsible for the sump? Ms. Shaw said that for the last four or five years any private tract that takes primarily private water. Public Works has required it to be privately maintained. If it takes any public water, they will require a flowage easement over the private tract for the public water. Commissioner Tragish asked if where the city maintains the sump for a private tract, the homeowners association has to pay any fees, other than taxes? Ms. Shaw said no. Commissioner McGinnis asked Dave Weirather, Fire Plans Examiner, if he saw a problem with emergency access? He said no he did not. Commissioner Sprague said that the sump costs for maintenance will be minor upon the affect of the homeowners fees. He would support the homeowners association maintaining the sump for the drain water that comes off of the subdivision. Commissioner Sprague expressed some concern over the condition requiring roll up garage doors in the 20-foot setback if a homeowner replaced the door eventually with a flip up door. Mr. Weirather said the Fire crews have means of accessing garage doors. Normally, Fire Department operations would not normally open the door, they would use an indirect atlack method. Commissioner Sprague recommended some type of disclosure to the purchasers of these properties to have a disclosure (possibly in the CC&Rs) that says that any replacement of garage doors shall be roll up. Commissioner Sprague also suggested adding a covenant to either the CC&Rs or to the Title Report that says the property is adjacent to agriculture, commercial and heavy industrial zoning which may affect health and quality of life and in addition, that the City of Bakersfield sewer plant and spreading area is located nearby and may cause smell, flies and/or health conditions? Commissioner Gay said he concurs with the comments requiring disclosure of the zoning of nearby properties. Commissioner Tragish asked Roger Mclntosh if they had an idea about the amount of the additional cost for the homeowners association to pay for maintenance of the sump? Mr. Mclntosh said he did not know but that Ms. Shaw probably does. Ms. Shaw said it is the Water Department and she has no idea how much is spent annually to maintain a sump. It requires about one trip per year. Commissioner Tragish said he thinks it ~s a good suggestion that the nearby zoning would be placed in the Title Report. Also, advising there is a sewage treatment plant located nearby. He feels Chairman Sprague's comments are well taken he just wants to make sure they are carefully Minutes, PC, October 17, 2002 Parle 6 inserted. He doesn't want to scare away potential buyers, just make them aware that certain things are there. As far as the sump goes, he doesn't know how they can get around that but would welcome Mr. Mclntosh's comments on coming up with some kind of oompromise so that the developer doesn't have to be saddled with the additional cost. Roger Mclntosh said he can't think of a project that he has done that isn't maintained by the city. He always tries to put the sump adjacent to a city street or grant the city access through the private area so that they can do their maintenance. He feels that what it comes down to it does the city want a homeowners association responsible for the maintenance of a facility that has to do with flood and storm waters? They are not used to doing it and are not setup to do it. The city has special trucks that go around and people who do this all the time. It doesn't make sense to have a private homeowners association take care of that type of facility. It is more of a health and safety issue. Commissioner Ellison said that he doesn't want to burden the project with further disclosure, however, he would suppod any type of disclosure mechanisms that the Commission could come up. He would have to support the city's recommendation regarding the sump that the homeowners take care of it. Commissioner Gay asked if the city took over the sump would having the applicant put in a block wall around the sump help long term maintenance by the city? Also, if staff would be willing to work with the applicant to come up with language regarding the disclosure statement? Ms. Shaw said she doesn't know whether a block wall would help the city maintain the sump. There are a couple things regarding the sump that she cannot answer if it becomes a public sump. The Water Department would have to answer those questions. Mr. Grady said he has a concern with the whole concept of the disclosure. It is not policy based. It is done case-by-case and we are picking without any criteria which kinds of things we want to give people notices of. For staff it is a bigger issue that deserves more consideration because there could be implications for all projects, not just this project. The Commission hasn't had formal discussions regarding putting these on projects. Staff would not be in a position outside of this hearing to assist the Commission with coming up with language the Commission would want. Commissioner Gay said he withdraws his request. Commissioner Sprague said he agrees with Commissioner Tragish in putting a disclosure in stating there is a Bakersfield City sewer plant and spreading area located nearby and that the property is adjacent to agriculture, commercial and heavy industrial zoning. This would not scare people away just let them know that there are these around. Commissioner Gay said he appreciates the comment but wordage wise he might start with the commercial and industrial. Since the sewer plant is part of the industrial, it wouldn't be the first thing that hit them and the commercial is the nearest property. Mr. Mclntosh said he feels it is totally inappropriate to get into disclosure issues about facilities that are quite a ways away. The sewer farm is over lA mile away. He has received a letter from the Health Department stating there is not a health concern. There may be some odors but that is all disclosed in a report from the Department of Real Estate along with the commercial, the agriculture, the freeway, solid waste facilities, green waste facilities, airports, etc. Everything that may be a nuisance or that will affect this property and the ability to make the logical decision to buy here or not is disclosed in that report. He feels that it is inappropriate to go beyond that disclosure and start requesting/requiring the applicant to add things to the CC&Rs. If this happens, then it should be applied to every project in the City of Bakersfield. Commissioner Sprague said that as far as the items of disclosure, they are in the public report as long as there is a white slip from the Department of Real Estate that discloses these items. But, many people do Minutes, PC, October 17, 2002 Page 7 not read the public repod so he is looking for something that states in bold print some disclosures. Commissioner Sprague asked if there was some way to make it in bold print in the public repod? Mr. Mclntosh said that it is his understanding that the buyer of a home has to read and sign and acknowledge the disclosure statement in the public report. Commissioner Sprague asked that it be put in bold print. Mr. Mclntosh said that he is not aware that the Department of Real Estate will allow that to happen. They do not have control about what is put in the reports. They give them information on what is around the property. Tom Hardt, the applicant, said they provide information to a consultant they hire who submits a pre-typed report as far as the nuisance items go that surrounds the project. The Department of Real Estate then prepares the public report. That report is a standard report in format and his company does not have the ability to change the ability to prepare that report. They can only provide the information. They cannot sell a lot or take a reservation for a lot without the public report. That document has to be signed by they buyer prior to signing a contract to purchase a home. To go beyond that is not necessary. They have already disclosed everything of concern to the Commission and then some. Commissioner Sprague asked if the public report would include the sewer plant and the commercial and industrial zoning? Mr. Hardt said that the project across the freeway that he built has a disclosure regarding the sewer plant which is a mile away in the public report. Commissioner Tragish asked Mr. Mclntosh if the project across the freeway that Mr. Hardt built has a sump? Mr. Mclntosh said no that all of the private waters that go off of that project go to a county maintained facility. Ms. Shaw said that is because it is in a Planned Drainage Area. Ms. Shaw said that the department who would be maintaining the sump, if it is a public sump, is not here tonight and she cannot speak for them. She recommended that the project be continued until input from the Water Department can be made or the other option is to approve it as is and then the parties involved can talk about it before it gets to the City Council where it can be resolved at that point. Commissioner Sprague said he thought it was a good idea to approve it as is and then let the parties involved work it out prior to the City Oouncil meeting. Commissioners Tkac and Blockley stated their agreement that the disclosure statement rs very important. Mr. Hardt said they go beyond the title report. They have a homeowners association with bylaws and one of the requirements in order to sign escrow instructions on any future purchaser, is that you must sign a receipt saying you have received the CC&Rs and bylaws of the Homeowners Association. He doesn't have a problem with also including a copy of the public repod so that the information that is available to the first purchaser would be available to any additional purchaser. Commissioner Sprague said that he would be happy if the CC&Rs contain the disclosure statements so that future residents will be notified what is nearby. Commissioner Gay said he would support the project as submitted with the amendments attached by staff including the fact that it is a private sump allowing for the developer to go back to the city to try to work out getting the city to take it on. Commissioner Gay asked Ms. Gennaro if there is a way they can require the CC&Rs contain the public report? Ms. Gennaro said her recommendation is that they make a requirement of the applicant to make the public report part of the CC&Rs. The title company needs an instrument to record with each of the lots. Minutes, PC, October 17, 2002 Page 8 Commissioner Sprague said he would like to see some tot facilities put into the park. Mr. Hardt said they have withdrawn their request for park credit but if more facilities are required, they would like park credit. What they have found that with 250 homes, they are not used at all. They have decided to eliminate the tot facilities and not ask for park credit. Commissioner Tragish said he would rather have the disclosure statement made simple. Having to have to record the public report seems a lot of unnecessary paper work to go through. Ms. Gennaro said that as long as there is an instrument to be recorded, it didn't matter in what form it took. Commissioner Tragish said he agrees with Commissioner Gay that the conditions be approved tonight but with the hope it can be worked out with staff later. Commissioner Sprague asked if there is a way to give partial park fee credit for the tot lot installation? Mr. Grady said that is what they asked for and that was what was provided for them on the project to the nodh which required the tot lot equipment. Commissioner Gay asked if there is a requirement for a park in this development? Mr. Grady said there is a requirement that a PUD contain some type of amenity and this park would be it for this development. Public portion of the hearing was closed. Motion made by Commissioner Gay, seconded by Commissioner McGinnis, to approve Vesting Tentative Map 6140 with findings and conditions set forth in the attached resolution and incorporating the memo dated October 11 by Marian Shaw, the Planning Director's memo dated October 15 deleting from that memorandum the park land credit request and the Planning Director's memorandum dated October 17 and revising the conditions that the applicant will state in the CC&Rs that adjacent to or contiguous to this project are commercial and industrial related projects and uses that may have an impact on the homeowner including that the wastewater treatment plant is nearby. Motion seconded by Commissioner McGinnis Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, McGinnis, Tkac, Tragish, Sprague NOES: None ABSENT: None Motion made by Commissioner Gay, seconded by Commissioner McGinnis, to approve the proposed development plan for zone change 02-0291 with findings and conditions set forth in the attached resolution incorporating the memo dated October 11 by Marian Shaw, the Planning Director's memo dated October 15 deleting from that memorandum the park land credit request and the Planning Director's memorandum dated October 17 and revising the conditions that the applicant will state in the CC&Rs that adjacent to or contiguous to this project are commercial and industrial related projects and uses that may have an impact on the homeowner including that the wastewater treatment plant is nearby as attached in Exhibit A and recommend the same to City Council, Exhibit B. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, McGinnis, Tkac, Tragish, Sprague NOES: None ABSENT: None