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HomeMy WebLinkAboutRES NO 059-03RESOLUTION NO. 0 5 9" 0 3 RESOLUTION UPHOLDING THE DECISION OF THE PLANNING COMMISSION APPROVING VESTING TENTATIVE PARCEL MAP 10938 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 10938 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 10938; 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 10938; 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 dudng the public hearing; and WHEREAS, Vesting Tentative Parcel Map 10938 consists of 5 parcels on 29.44 acres for purposes of commercial development, zoned PCD (Planned Commercial Development), as shown on attached Exhibit "B," located on the southwest comer of Gosford and Pacheco Roads; and WHEREAS, the application for Vesting Tentative Parcel Map 10938 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. 02-0030), to allow development of a commemial shopping center; and WHEREAS, on February 12, 2003, the City Council certified the EIR for GPA/ZC #02- 0030, 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 GPA/ZC #02-0030; 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: 1. All required public notices have been qiven. Headng 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 ~J~QJ[~L~J. Staff determined that the proposed activity is a project and thu Environmental Impact Report prepared for related GPNZC 02-0030 was applicable. The Environmental Impact Reoort oreoared for related GPA/ZC 02-0030 is the appropriate environmental document to accomoanv oroiect aDDroval, 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 develooment. The project is within an area to be served by all necessary utilities and waste dispo=al 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 desiqn and improvement, is consistent with the Gener{~l 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. as follows: The oroiect must be aranted a "de minimis: exemotion with respect to the payment of Fish and Game Section 711 fees. Based on the absence of evidence in the record aa 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 02-0030 for this project. Mineral riqht owners' signatures may be waived on the final mad oursuant to BMC ~ B.1. The applicant has provided evidence with the project application II,at it is appropriate to waive mineral right owner's signatures because in accordance with BMC Section 16.20.060 B.1., the party's right of sudace 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 2. 3 4. 5. The above recitals and findings incorporated herein, are true and correct. That this map pertains to the Environmental Impact Report prepared for related GPNZC 02-0030 previously certified. The decision of the Planning Commission to approve Vesting Tentative Parcel Map 10938 is upheld. The appeal is denied. Vesting Tentative Parcel Map 10938 is hereby approved, subject to the conditions of approval and mitigation measures shown in attached Exhibit "A." I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on APR ~ 2003 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH. CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCIL.MEMBER ["'V°',~/'J~ COUNCILMEMBER ~ COUNCIMVIEMBER ~ 3 PAMELA A. McCARTHY, CMC~' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED 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\0938~cc~res.doc March 19, 2003 EXHIBIT VESTING TENTATIVE PARCEL MAP 10938 CONDITIONS OF APPROVAL PUBLIC WORKS The following are based upon the map signed 11/12/02. 1. EIR mitigation measures/conditions of approval incorporated into the general plan amendment resolution and zone change ordinance for General Plan AmendmentJZone Change 02-0030 shall be incorporated herein. 2. All entrances into the site from Gosford Road shall have dedicated and constructed right turn lanes. 3. Full access to Gosford Road shall be allowed only at the approved signal locations in accordance with the approved traffic signal study. Access at non-signaliZed locations shall be limited to right in, right out only. 4. As approved by the City Engineer, median modifications for left turns into the project at the major entrances may be permitted if the traffic signal study does not warrant signals at the location. 5. The normal centerline to flow line distance on Gosford Road shall be 48 feet with it being widened to 58 feet at the right turn lanes. 6. With the first phase of development, two southbound lanes of Gosford Road from Harris Road to Panama Lane be constructed. As directed by the City Engineer, construct additional paving on Gosford Road south of Panama Lane for proper lane alignment. 7. Municipal sewer, water, gas, electrical, telephone, and Cable TV services shall be provided for each parcel in accordance with Section 16.32.060 B of the Municipal Code. 8. The subdivider shall construct to City standards all street improvements including curb & gutter, street paving, drainage improvements, and sidewalk on Pacheco Road, Gosford Road, and Harris Road. 9. Prior to recordation of the parcel map, the subdivider shall 9.1.1. submit to the City Engineer for review and approval the funding calculations for the improvements associated with project-related impacts. If a building permit is applied for prior to the parcel map being recorded, then those calculations shall be submitted and approved prior to the building permit being issued. 9.2. 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. 9.3. 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 and common access and parking. Among those non-dedicated, shared facilities will be the on-site sewer main lines and laterals and on-site storm drain lines and appurtenant facilities. The C.C & R.'s shall include provision that the C.C. & R.'s may not be revised unless approved by the City. ., ~ Exhibit "A" V'I'PM 10938 Page 2 9,4, submit to the City Engineer for review and approval a revised comprehensive drainage study. It is to show all existing and proposed facilities necessary to convey site runoff to the terminal retention basin. City will not maintain any interim retention facilities. ensure that each cable television company provides notice to the City Engineer of its intention to occupy the utility trench. 10. Prior to recordation of the parcel map, 10.1. all improvement plans shall be reviewed and approved by the City Engineer. 10.2. grant to the City in fee additional property for the water well site to maintain the same net usable area that currently exists. 10.3. so access to and use of the site will not be impeded, construct the approved alternate access to the well site and make all other required improvements to the well site, such as wall/fence/gate relocations, reconstructions, valve relocations, or any other appurtenant requirements, This shall be accomplished at no cost to the City. 10.4. The developer shall cooperate with the City of Bakersfield to vacate that portion of Pacheco Road west of Young Street as shown on Parcel Map 10465 and east of the rail spur crossing so that Pacheco Road does not continue west of the San Joaquin Valley Rail Road - Sunset Spur Line. Access shall be provided to the City of Bakersfield water well site. 10.5. either pay off the assessments for Assessment District 98-1, or he shall request apportionment of the assessments from the old parcels to the new and pay all appropriate apportionment fees. 10.6. submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Parcel Map which will prohibit occupancy of any parcel until all improvements have been completed by the subdivider and accepted by the City. 11. Concurrently with recordation of the parcel map, the following covenants shall be recorded by the property owner: 11.1. 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. 11.2. 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. 12. It is recommended that the on-site sewer system 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. Any sewer construction which will be publicly maintained shall comply with the video requirements._. .. ~ Jeng II S:iTFIACTS~O938~ctExhA Cond. DOC March 19, 2003 Exhibit "A" VTPM 10938 Page 3 13. The Subdivider is required to install high pressure sodium vapor street lights to be located in public rights of way 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. 14. Prior to acceptance of the public improvements by the City, the subdivider's engineer shall 14.1. 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. 14.2. submit to the City Engineer copies of the sewer video cassette, forms, and his inspection log. 15. Approval of this tentative map does not indicate approval of grading, drainage lines and appurtenant facilities shown, or any variations from ordinance, standard, and policy requirements which have neither been requested nor specifically approved. WATER RESOURCES 16. Prior to construction of in-tract water facilities, plans and specifications shall be approved by the City Water Resources staff. 17. The City's normal fire protection service flows are 2500 gallons per minute (g.p.m.). In certain areas and in certain zoning, fire flow requirements (as determined by the City and/or County Fire Department) are in excess of the 2500 g.p.m, limit. Fire flow requirement in excess of 2500 g.p.m, shall require developer fees of $0.50/g.p.mJacre in excess of 2500 g.p.m, or equivalent facilities. PLANNING 18. 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. MITIGATION MEASURES CGPA/ZC 02-0003) Air Quality 19. Prior to approval of a grading plan, the developer shall submit a letter to the City of Bakersfield Planning Department from the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) stating the dust suppression measures that shall be completed during construction activities to comply with the SJVUAPCD Regulation VIII. 20. In addition to compliance with Regulation VIII, the following measures shall be incorporated into building plans and implemented during construction activities to further reduce fugitive dust emissions associated with the project. Jeng It S:t TRACTStO938~c~-xhA Cond. DOC :i March 19, 2003 : Exhibit "A" VTPM 10938 Page 4 a) Cover all access muds and parking areas with asphalt-concrete paving. b) Ensure that asphalt-concrete paving complies with SJVUAPCD Rule 4641 and restrict the use of cutback, slow-cure, and emulsified asphalt paving materials. c) Use water sprays or chemical suppressants on all unpaved areas to control fugitive dust emissions. d) Enclose, cover, or water all stockpiled soils to reduce fugitive dust emissions. e) Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period, and when dust is entrained at a level greater than the maximum 20% opacity). f) Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site. g) Cover all haul trucks when transporting loads of soils. h) Wash off construction and haul trucks to minimize the removal of mud and dirt from the project site. i) Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. j) Encourage ride sharing and use of transit transportation for construction employees commuting to the project site. k) Use electric equipment for construction whenever possible instead of fossil fuel-fired equipment. Biolo igj_~Resources 21. Prior to construction activities, focused surveys for the San Joaquin kit fox shall be conducted by a qualified biologist to determine if any known kit fox dens are located on the project sites. If an active den is not found, no further mitigation would be necessary. However, if an active den is present, kit foxes shall be relocated by a qualified biologist using DFG- and USFWS-approved methods. If the biologist determines that the relocation is not practicable, he or she shall destroy the den according to DFG- and USFWS-approved methods to allow the foxes to relocate on their own. Results of the surveys shall be provided to the DFG. Jeng II S:iTRACTS~O938tcc[ExhA March 19, 2003 ~rces 22. Stop work if cultural resources are discovered dudng ground-disturbing activities. If buded cultural resources, such as chipped or ground stone, histodc debris, building foundations, or human bone, are inadvertently discovered during ground-disturbing activities, work will stop in that area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City of Bakersfield and other appropriate agencies. Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. 23. Comply with state laws pertaining to discovery of human remains, if human remains of Native American origin are discovered dudng project construction, it is necessary to comply with state laws relating to the disposition of Native American budals, which fall within the jurisdiction of the Native American Hedtage Commission (Pub. Res. Code Sec. 5097). If any human remains are discovered or recognized in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to over!ie.~!acent human remains until: ,~ Exhibit "A" VTPM 10938 Page 5 a) b) the coroner of Kern County has been informed and has determined that no investigation of the cause of death is required; and if the remains are of Native American origin, 1. the Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being notified by the commission, or 2. the descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98. Hazards & Hazardous Materials 24. Prior to any onsite construction activities, any stained soils observed in the Preliminary Hazards Study shall be assessed by a licensed engineer or geologist approved by the Director of Environmental Services. All stained soil shall be cleaned and properly disposed of in accordance with the requirements set forth in the applicable federal, state, and local laws. 25. Prior to any on-site construction activities, soils shall be sampled and analyzed by a licensed engineer or geologist approved by the Director of Environmental Services to determine the extent of pesticide residue. If residue is found to be within acceptable DTSC standards, construction may begin. If residue is found to be greater than DTSC standards, all contaminated soils exceeding the acceptable limits shall be remediated and/or properly disposed of per DTSC requirements. 26. If previously unidentified materials are discovered, all work would stop immediately and Health and Safety procedures shall be implemented. Procedures shall include, at a minimum, emergency medical, evacuation of the site and/or threatened area, and notification actions. Notification shall include but not be limited to the following agencies: The City of Bakersfield, DTSC, the City and County Fire Departments, and the Regional Water Quality Control Board (RWQCB). Evaluation and a determination regarding the type of contamination encountered and best course of action would be determined by the ranking official and the required mediation measures shall be implemented. Jeng ti S :i TRA C TStO938[cciExhA Cond. DOC March 19, 2003 R4 R-1 R-1 R-2 VESTING TENTATIVE PARCEL MAP 10938 R.-3 M-1 R-1 R-I OS R-1 J M-2 M-2 M-2 A-20A R-1 R-1 20 R-1 R-1 EXHIBIT "B" ' 0-2 C-2 R T30S, R27E VESTING TENTATIVE PARCEL MAP NO. 10938 EXHIBIT "B"