HomeMy WebLinkAboutRES NO 058-03RESOLUTION NO. 0 5 8- 0 3
RESOLUTION UPHOLDING THE DECISION
OF THE PLANNING COMMISSION
APPROVING VESTING TENTATIVE PARCEL
MAP 10927 AND DENYING THE APPEAL BY
RICHARD L. HARRIMAN REPRESENTING
BAKERSFIELD CITIZENS FOR LOCAL
CONTROL.
WHEREAS, in accordance with the procedure set forth in the provisions of Title 16
of the Municipal Code of the City of Bakersfield, Richard L. Harriman, representing Bakersfield
Citizens for Local Control, filed an appeal of the Planning Commission's decision relative to
Vesting Tentative Parcel Map 10927 made during the Commission's regular meeting of February
20, 2003; and
WHEREAS, on February 20, 2003, the Planning Commission adopted Resolution with
findings and approving Vesting Tentative Parcel Map 10927; and
WHEREAS, Richard L. Harriman, the appellant representing Bakersfield Citizens for
Local Control, filed a written appeal stating objection to approval of Vesting Tentative Parcel Map
10927; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as WEDNESDAY, APRIL 9, 2003, 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, April 9, 2003, to consider the appeal; and
WHEREAS, testimony was heard during the public hearing; and
WHEREAS, Vesting Tentative Parcel Map 10927 consists of 4 parcels on 36.95
acres for purposes of commercial development, zoned PCD (Planned Commercial Development),
as shown on attached Exhibit "B," located on the east side of State Route 99 and north of Panama
Lane; and
WHEREAS, the application for Vesting Tentative Parcel Map 10927 was deemed
complete on February 12, 2003; 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, said map was an associated project of an approved General PLan
Amendment and concurrent Zone Change (File No. 02-0193), to allow development of a commercial
shopping center; and
WHEREAS, on February 12, 2003, the City Council certified the EIR for GPA/ZC #02-
0193, which considered the impacts of land subdivision to implement the project, and is hereby
incorporated by reference; and
WHEREAS, on February 12, 2003, the City Council adopted a statement of facts, findings
and mitigation measures; and a statement of overriding considerations upon approval of GPNZC #02-
0193; and
noise; and
WHEREAS, said statement of overriding considerations related to impacts to air quality and
WHEREAS, the applicant has agreed to all conditions and mitigation measures; and
WHEREAS, said mitigation measures have been incorporated into the project as
conditions of approval listed in attached Exhibit "A"; 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, at said public hearing held April 9, 2003, the proposed tentative map submitted
by Hopper Properties was duly heard and considered and the City Council found as follows:
All required public notices have been qiven. Hearing notices regarding the proposed
project were mailed to property owners within 300 feet of the project area and published
The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures
have been followed. Staff determined that the proposed activity is a project and the
Environmental Impact Report prepared for related GPA/ZC 02-0193 was applicable.
The Environmental Impact Report prepared for related GPA/ZC 02-0193 is the
appropriate environmental document to accompany project approval. In accordance
with CEQA, applicable mitigation measures have been incorporated into the project.
A statement of overriding considerations was adopted for air quality and noise
impacts.
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. (Subdivision Map Act 66473.5) The
proposed density and intensity of development are consistent with the commercial
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
The proiect must be granted a "de minimis: exemption with respect to the payment of
Fish and Game Section 711 fees. Based on the absence of evidence in the record as
required by Section 21082.2 of the State of California Public Resources Code
(CEQA) for the purpose of documenting significant effects, it is the conclusion of the
Lead Agency that this project will result in impacts that fall below the threshold of
significance with regard to wildlife resources and, therefore, must be granted a "de
minimis" exemption in accordance with Section 711 of the State of California Fish
and Game Code. Additionally, the assumption of adverse effect is rebutted by the
above-referenced absence of evidence in the record and the Lead Agency's decision
to use the Environmental Impact Report prepared for related GPA/ZC 02-0193 for this
project.
Mineral right owners' siqnatures 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 report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
Bakersfield as follows:
1. The above recitals and findings incorporated herein, are true and correct.
That this map pertains to the Environmental Impact Report prepared for related
GPA/ZC 02-0193 previously certified.
The decision of the Planning Commission to approve Vesting Tentative Parcel
Map 10927 is upheld.
4. The appeal is denied.
Vesting Tentative Parcel Map 10927 is hereby approved, subject to the
conditions of approval and mitigation measures shown in attached Exhibit "A."
......... O00 ........
I HEREBY CERTIFY that the foregoing Resolution was .passed and adopted by the Council of
the City of Bakersfield at a regular meeting thereof held on APR 9 2003 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCOUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER ~
3
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
APR 9 ZOO3
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
BART J. THILTGEN
City Attorney ~
Exhibits: A. Conditions of Approval
B. Location and Parcel Map
jeng
S:\TRACTS\0927\cc\res.doc
March 19, 2003
4
EXHIBIT "A"
VESTING TENTATIVE PARCEL MAP 10927
CONDITIONS OF APPROVAL
PUBLIC WORKS
The following are based upon the map signed October 31, 2002.
EIR mitigation measures/conditions of approval incorporated into the general plan amendment
resolution and zone change ordinance for General Plan Amendment/Zone Change 02-0193
shall be incorporated herein.
Prior to recordation of the parcel map, the subdivider shall
2.1. submit an enforceable, recordable document approved by the City Attorney to be
recorded concurrently with the Final Parcel Map which will prohibit occupancy of any
lot until all improvements have been completed by the subdivider and accepted by the
City.
2.2. 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 all 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) and associated storm drain lines
and appurtenant facilities and block wall, and landscaping on Maurice Street.
2.3. ensure that each cable television company provides notice to the City Engineer of its
intention to occupy the utility trench.
2.4 all improvement plans shall be reviewed and approved by the City Engineer.
2.5 pay $400 per gross acre to the Panama Lane Trunk Sewer Fee.
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.
Concurrently with recordation of the parcel map, the following covenant shall be recorded by the
property owner:
4.1 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 for the maintenance of landscaping
associated with this subdivision. Said covenant shall be provided to each new property
owner through escrow proceedings.
4.2 an enforceable, recordable document approved by the City Attorney to be recorded
concurrently with the Final Map which will prohibit occupancy of any lot until all
improvements have been completed by the subdivider and accepted by the City.
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.
Exhibit "A"
VTPM 10927
Page 2
6. The following shall be completed prior to opening day;
6.1 The intersection improvements at Panama Lane and Colony Street.
6.2 Ail median, channelization and striping changes improvements affecting Panama Lane,
Colony Street, and Freeway 99 shall be designed to meet Caltrans requirements as
detailed in a letter dated February 3, 2003 and City of Bakersfield requirements. All
road improvements shall be complete prior to issuance of any Cedificate of
Occupancy.
6.3 Obtain permits from Caltrans for work within the State's Right-of-Way. Any Caltrans
design exceptions which will be necessary shall be obtained by the applicant prior to
receiving permits.
7 The Subdivider is required to install high pressure sodium vapor street lights to be located within
or adjacent to the subdivision. Street light installation shall be foundation mounted steel poles with
28' mounting height and 6' steel mast arms and shall include but not necessarily be limited to
furnishing and installing all street light poles, conduits, wires, luminaires, and splice boxes.
8
Prior to acceptance of the public improvements by the City,
8.1 the subdivider's engineer shall 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.
8.2 submit to the City Engineer copies of the sewer video cassette, forms, and his
inspection log.
9 Municipal sewer, water, gas, electrical, telephone, and Cable TV services shall be provided for
each lot in accordance with Section 16.32.060 B of the Municipal Code.
10
The subdivider shall construct to City standards all street improvements including curb & gutter,
street paving, drainage improvements, and sidewalk on all streets within and adjacent to the
subdivision.
PLANNING
11.
This subdivision shall comply with all provisions of the Bakersfield Municipal Code, and applicable
resolutions, policies and standards in effect at the time the application for the subdivision map was
deemed complete per Government Code Section 66474.2.
12.
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.
13.
Prior to or concurrently with recordation of a final map, subdivider shall provide a common access and
parking easement encumbering the subject parcel map. Easement shall be submitted to the City
Attorney and Planning Director for review and approval prior to recordation of a final map.
14.
Construction equipment staging areas shall be located in the southwest quarter of the site and
appropriate screening (i.e., temporary fencing with opaque material), used to buffer views of
construction equipment and material, when feasible. Staging locations shall be indicated on
project Final Development Plans and grading Plans are subject to review and approval of the
City. Compliance with this measure is subject to periodic field inspection by City Staff. (Mitigation
Measure of GPA/ZC 02-0193).
Jeng I S:ITRACTSIO927~cclExhA.DOC
March 19, 2003
Exhibit "A"
VTPM 10927
Page 3
15.
Prior to the start of construction activities, Developer shall install temporary fencing that includes
a 6-foot high silt fence along the entire north property line of the project site (including behind
Lowe's) to preclude truck access into the residential neighborhood and limit blowing dust.
(Mitigation Measure of GPA/ZC 02-0193)
16. The following mitigation measures shall be utilized during the construction phase of the Project
to reduce construction exhaust emissions: (Mitigation Measure of GPA/ZC 02-0193)
Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
Encourage ride sharing and use of transit transportation for construction employee
commuting to the project sites.
Use electric equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
Curtail construction during periods of high ambient pollutant concentrations; this may
include ceasing of construction activity during the peak-hour of vehicular traffic on
adjacent roadways.
17
Construction of the project requires the implementation of control measures set forth under
Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution Control
District. The following mitigation measures, in addition to those required under Regulation VIII,
shall be implemented to reduce fugitive dust emissions associated with the Project. (Mitigation
Measure of GPA/ZC 02-0193)
All disturbed areas, including storage piles, which are not being actively utilized for
construction purposes, shall be effectively stabilized of dust emissions using water,
chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or
vegetative ground cover.
All on-site unpaved roads and off-site unpaved access roads shall be effectively
stabilized of dust emissions using water or chemical stabilizer/suppressant.
All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and
demolition activities shall be effectively controlled of fugitive dust emissions utilizing
application of water or by presoaking.
When materials are transported off-site, all material shall be covered, or effectively
wetted to limit visible dust emissions, and at least six inches of freeboard space from
the top of the container shall be maintained.
All operations shall limit or expeditiously remove the accumulation of mud or dirt from
adjacent public streets at the end of each workday. (The use of dry rotary brushes is
expressly prohibited except where preceded or accompanied by sufficient wetting to
limit the visible dust emissions. Use of blower devices is expressly forbidden)
Jeng I S:[TRACTSIO927tcclExhA.DOC
March 19, 2003
Exhibit "A"
VTPM 10927
Page 4
Following the addition of materials to, or the removal of materials from, the surface of
outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions
utilizing sufficient water or chemical stabilizedsuppressant.
Within urban areas, trackout shall be immediately removed when it extends 50 or more
feet from the site and at the end of each workday.
Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control
District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt
paving materials.
Grading activities shall cease during periods of high winds (greater than 20 mph over a
one-hour period).
Construction-related vehicle speeds shall be limited to 15 mph on all unpaved areas at
the construction site.
Wash off construction and haul trucks to minimize the removal of mud and dirt from the
project sites.
18. Habitat Conservation fees for the Project shall be calculated based on the fee in effect at the time
payable to the Planning Department prior to the issuance of an urban development permit as
defined in the Implementation/Management agreement for the Metropolitan Bakersfield Habitat
Conservation Plan. Upon payment of fees, the applicant shall receive acknowledgement of
compliance with the Metropolitan Bakersfield Habitat Conservation Plan. (Mitigation Measure of
G PA/ZC 02-0193)
19. Pursuant to the terms of the Metropolitan Bakersfield Habitat Conservation Plan
(Implementation/Management Agreement Section 4.7.4), the Urban Development Permittee is
required to accomplish the following in regards to the San Joaquin Kit Fox dens located at the
Project site: (Mitigation Measure of GPNZC 02-0193)
Notify U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish
and Game (CDFG) at least five (5) business days prior to the initiation of any ground
disturbance activities, of the intent to grade the area. Under the terms of the MBHCP
implementing agreement, the wildlife agencies are responsible to arrange for relocation
of kit fox if they deem it is appropriate and feasible;
Eliminate the known den(s) in the following manner which will allow the kit fox to
escape the construction area prior to grading:
All known San Joaquin Kit Fox dens that will be unavoidably destroyed by project
actions shall be carefully excavated by or under the direct supervision of a
qualified wildlife biologist;
- Dens shall be completely excavated and subsequently back-filled and compacted
to prevent later use by kit foxes prior to onset of project construction;
Jeng I S:ITRACTS~O927~cc~ExhA.DOC
March 19, 2003
Exhibit"A"
VTPM 10927
Page 5
- Dens shall be monitored for three (3) days prior to excavation to ensure that dens
are not occupied by kit foxes when excavated;
- If a kit fox is found inadvertently inside a den during excavation, the animal(s) shall
be allowed to escape unhindered.
20.
The MBHCP requires certain take avoidance measures for the San Joaquin Kit Fox.
MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment
of kit fox in dens. Specific measures during the construction phase of the Project shall be
implemented and include the following: (Mitigation Measure of GPA/ZC 02-0193)
A preconstruction survey shall be conducted on the proposed Project site prior to site
grading to search for any additional native kit fox dens;
All pipes, culverts or similar structures with a diameter of four inches or greater shall be
kept capped to prevent entry of kit fox. If they are not capped or otherwise covered,
they shall be inspected daily prior to burial or closure to ensure no kit foxes, or other
protected species, become entrapped;
Excavations shall either be constructed with escape ramps or be covered to prevent
entrapment, or the site(s) could be protected during construction, such as with a wildlife
exclusion fence, which would eliminate the possibility of ranging animals from being
harmed during construction; and
All food, garbage and plastic shall be disposed of in closed containers and regularly
removed from the site to minimize attracting ranging kit fox or other animals.
21. Prior to Grading Permit issuance, the Project applicant shall comply with the following Burrowing
Owl (raptor) nest mitigation:
If site grading is proposed during the raptor nesting season (February through
September), a focuses survey for raptor nests shall be conducted by a qualified raptor
biologist prior to grading activities in order to identify active nests in areas potentially
impacted by project implementation;
If construction is proposed to take place during the raptor nesting/breeding season
(February through September), no construction activity shall take place within 500 feet
of an active nest until the young have fledged (as determined by a qualified biologist).
Any nests that must be removed as a result of project implementation shall be removed
during the non-breeding season (October-January);
Preconstruction surveys shall include a survey for Burrowing Owl. If active Burrowing
Owl burrows are detected outside of breeding season (September 1 through January
31 ), passive and/or active relocation efforts may be undertake, if approved by CDFG
and USFWS. If active Burrowing Owl burrows are detected during breeding season
(February 1 through August 31), no disturbance to these burrows shall occur without
obtaining appropriate permitting through the Migratory Bird Treaty Act.
Jeng ~ S:[TRACTSIO927~cclExhA.DOC
March 19, 2003
Exhibit "A"
VTPM 10927
Page 6
22.
23.
24.
25.
If construction is initiated during the nesting season and active eggs or nests are
identified in the preconstruction survey, the applicant shall consult with the USFWS
and California Department of Fish and Game to conduct issuance of a Migratory Bird
Permit and burrow closure prior to the nesting season.
The presence of any previously unidentified protected species which are not addressed in the
MBHCP, including those protected under the Federal Migratory Bird Treaty Act, shall be avoided
and evaluated by a qualified biologist prior to construction. The USFWS and CDFG should be
notified of previously unreported protected species. Any unanticipated take of protected wildlife
shall be reported immediately to the CDFG and USFWS. (Mitigation Measure of GPA/ZC 02-
0193)
If archaeological or paleontological resources are discovered during excavation and grading
activities on-site, the contractor shall stop all work and the developer shall retain a qualified
archaeologist to evaluate the significance of the finding and appropriate course of action.
Salvage operation requirements in Appendix K of the California Environmental Quality Act
Guidelines shall be followed and the treatment of discovered Native American remains shall
comply with State codes and regulations of the Native American Heritage Commission.
(Mitigation Measure of GPA/ZC 02-0193)
Should any human bone be encountered during any earth removal or disturbance activities, all
activity shall cease immediately and a qualified archaeologist and Native American monitor shall
be immediately contacted, who shall then immediately notify the Director of Development. The
Director of the Department of Development Services shall contact the Corner pursuant to Section
5097.98 and 5097.99 of the Public Resources Code relative to Native American remains. Should
the corner determine the human remains to be Native American, the Native American Heritage
Commission shall be contacted pursuant to Public Resources Code Section 5097.98. (Mitigation
Measure of GPA/ZC 02-0193)
Prior to recordation of a subdivision map, the developer shall compensate the City for the loss of
the 3 acres of land designated OS-P (Open Space-Park) by payment of a $75,000 fee. Amount
to be used for park site acquisition as determined appropriate by the City Recreation and Parks
Department. (Mitigation Measure of GPA/ZC 02-0193)
Jeng I S:[TRACTSIO927~cclExhA.DOC
March 19, 2003
VESTING TENTATIVE PARCEL MAP 10927
6-2
CITY
,,-~ %~ ~,,,, '..."..., ..
PANAMA
6-1
R-2
ARVIN-EDISON CANAL
MH TO P.C.D.
6-2
'30S, R28E
6-1
EXHIBIT "B"
PARCEL
PARCEk 3
PARCEL 4
EXHIBIT "B"
VESTING
'TENTATIVE'
PARCEL MAP
No. 10927