HomeMy WebLinkAboutRES NO 170-03 170=03
RESOLUTION NO.__
RESOLUTION UPHOLDING THE DECISION
OF THE PLANNING COMMiSSiON
APPROVING THE NEGATIVE
DECLARATION AND REVISED VESTING
TENTATIVE TRACT MAP 6185, AND
DENYING THE APPEAL BY THE MCINTOSH
AND ASSOCIATES.
WHEREAS, in accordance with the procedure set forth in the provisions of Title 16
of the Municipal Code of the City of Bakersfield, Mclntosh and Associates, filed an appeal of the
Planning Commission's decision relative to Revised Vesting Tentative Tract Map 6185 and
adoption of the Negative Declaration made during the Commission's regular meeting of August 7,
2003; and
WHEREAS, on August 7, 2003, the Planning Commission adopted Resolution No. 115-
03 approving a Negative Declaration with mitigation measures and approving Revised Vesting
Tentative Tract Map 6185 with conditions of appreval; and
WHEREAS, Mclntosh and Associates, the appellant, filed a written appeal stating
object[on to approval of Revised Vesting Tentative Tract Map 6185; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as WEDNESDAY, SEPTEMBER 10, 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, SEPTEMBER 10, 2003, to consider the appeal; and
WHEREAS, testimony was heard during the public hearing; and
WHEREAS, Revised Vesting Tentative Tract Map 6185 is generally located on the
west side of Jewetta Avenue, south of the Westside Parkway as shown on the location map attached
herein as Exhibit "B;" and
WHEREAS, proposed Revised Vesting Tentative Tract Map 6185 consists of total of
202 lots for purposes of small lot single family development and 1 private park on 41.09 acres, zoned
R-2 (Limited Multiple Family Dwelling) including a request for alternate lot and street design, as shown
on attached Exhibit "C," consisting of two sheets; and
WHEREAS, said map was an associated project of a requested General Plan
Amendment and concurrent zone change (GPA/ZC No. P01-1019), from an R-1 (One Family Dwelling)
zone to an R-2 (Limited Multiple Family Dwelling) zone; and
WHEREAS, said map included a request for modification to allow small lot single family
residential subdivision in an R-2 (Limited Multiple Family Dwelling) zone pursuant to Bakersfield Municipal
Code Section16.28.170 (0)(3), reverse corner lots, private gated streets with alternate design, and
enhanced landscape lots; and
WHEREAS, the applicant submitted a request to allow park credit pursuant to
Bakersfield Municipal Code Section 15.80.120; and
WHEREAS, the Board of Director of the North Bakersfield Recreation and Parks
District adopted Resolution No. 56-03 recommending denial of support for the park credit request for
said subdivision; and
WHEREAS, the application for Revised Vesting Tentative Tract Map 6185 was
deemed complete on June 3, 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, 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 Dectaration was prepared at least 30 days prior to the public hearing before the
Planning Commission, in accordance with CEQA; and
WHEREAS, the facts presented in the staff report and evidence at the above
referenced public hearings support the findings contained in this resolution; and
WHEREAS, said mitigation measures have been incorporated into the project as
conditions of approval listed in attached Exhibit "A"; and
WHEREAS, the applicant has agreed to all mitigation measures; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. All required public notices have been ~liven. Hearing notices regarding the proposed
project were mailed to property owners within 300 feet of the project area and published in a local
newspaper of general circulation at least 20 days prior to the hearing.
2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have
been followed. Staff determined that the proposed activity is a project and an initial study was prepared
and a Negative Declaration was prepared and duly noticed.
3. A Neqative Declaration for the proposed proiect 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 cultural and biological
resources, air quality and oil/petroleum activities have been incorporated into the project, the project will
not significantly impact the physical environment.
4. 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. C'~ , ~
2
5. 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 Iow medium density residential land use classification on the property.
Proposed road improvements are consistent with the Circulation Element. The overall design ofthe
project, as conditioned, is consistent with the goals and policies of all elements of the general plan.
6. The project 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 prepare a Negative Declaration for this project.
7. Mineral right owners' signatures may be waived on the final map pursuant to BMC
16.20.060 B.I. The applicant provided evidence with the previously approved Vesting Tentative ~ract Map
6185 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.
8. That the request for modification to standards to allow a smal~ lot single family residential
subdivision for senior is consistent with the following findings in accordance with BMC Section 16.28.170
(0)(3):
A. The proposed subdivision is within the density range depicted for the property in the
general plan.
B. The subdivision is planned to provide a balanced housing stock within a defined area.
C. The subdivision does not result in an unjustified concentration of substandard lots within a
defined area.
D. 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.
E. The proposed development offers elements unique to the project that justify the reduction in
lot area standards by providing a 2.2 acre private recreation area unique to the project, as
conditioned.
9. The request for modifications to allow reverse corner lots, private gated streets, and
enhanced landscape entries, as conditioned, appears to be consistent with orderly development and
based on professional engineering practices.
10. Double frontage lots abutting a street that functions as a major street as shown on the
tentative map, with construction of a 6-foot high masonry wall separating the residential lot and the
major street, as shown on the subdivision map are reasonable due to controlling factors as traffic, safety,
appearance and setback.
11. The request for park land credit does not serve a public benefit.
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.
2. The Negative Declaration is hereby approved.
3 The decision of the Planning Commission to approve Revised Vesting Tentative
Tract Map 6185 is upheld.
4. The appeal is denied.
5. Revised Vesting Tentative Tract Map 6185 is hereby approved, subject to the
mitigation measures and conditions of approval 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 SEP 1 0 Z003 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCOUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER ~
COUNCILMEMBER~F'-'~
COUNClLMEMBER ~
/7
PAMELA A. McCARTHY, C~'l~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED S£P 10 ~.1]1]3
HARVEY L ~'IALL - '~ , /
Mayor of the City of BakersfieldJ
More signatures on next page.
APPROVED as to form
BART J. THILTGEN
City Attorney /~
Exhibits:
A. Conditions of Approval
B. Location Map
C. Tract Map
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August 21, 2003
EXHIBIT "A"
REVISED VESTING TENTATIVE TRACT 6185
CONDITIONS OF APPROVAL
pUBLIC WORKS
1. Prior to submittal of any grading or improvement plans or final maps for review, provide those
dedications and studies for review and approval as required general plan and zone change
approvals.
2. Review of this subdivision is for the configuration shown with the future recharge facility.
3. Dedication of Jewetta Avenue shall include slope easements at the Kern River Expressway.
4. In a letter dated March 12, 2003, the applicant requested deviations from the following ordinance
and policy requirements:
4.1. BMC 16.28.070 - Request- permit private streets
.Recommendation - APPROVE the request
4.2. SDM Standard ST 11 - Request - use of 50' wide streets with 32' flow line to flow line.
Recommendation - APPROVE the request so long as other standards and ordinances are not
compromised, such as sight lines, knuckle radii, etc. Parking shall be prohibited on one side of
the street, the streets shall be posted for "No Parking," and approved enforcement provisions
shall be in place. Otherwise, use 36' flow line to flow line with no parking restrictions.
5. The developer is required to build the Jewetta Avenue crossing of the Rio Bravo Canal. The City of
Bakersfield is responsible for 25% of the cost of this crossing through their ownership of the
property at the southeasterly corner of Jewetta and the canal. The developer may enter into a
reimbursement agreement with the City of Bakersfield for their share of the cost of the crossing.
6. Jewetta Avenue from Stockdale Highway to the Rio Bravo Canal will be constructed in accordance
with Agreement 01-028.
7. Prior to construction of the Jewetta Avenue crossing of the Rio Bravo Canal,
7.1. improvement plans for the canal crossing shall be approved by the District.
7.2. reconstruct the channel at the new crossing as approved by the District.
It appears drainage from this subdivision is being taken across Jewetta Avenue into the privately
owned and maintained retention basin within Tentative Tract 6127. Therefore, prior to recordation
of the first final map,
8.1. a drainage plan for the subdivision shall be submitted for review and approval by the City
Engineer. No public water will be allowed to flow into the private portion of this tract, nor will
any public water be allowed to flow into a private sump unless a flowage easement is provided.
8.2. provisions for the shared use and maintenance of the retention basin shall be approved by the
City Engineer.
8.3. approved documents shall be recorded with the final map.
Exhibit "A"
RVT 6185
Page 2 of 7
9. Provide a waiver of direct access rights from all abutting lots to Jewetta Avenue and from the
residential lots to Milverton Way and to Braemar Lane between Jewetta Avenue and Bryant Drive.
10. The subdivider shall install street lights on the interior, private streets. Prior to recordation of the
first final map, submit a street lighting p~an for the interior streets.
11. Prior to acceptance of the public improvements by the City,
11.1. the subdivider's engineer shall
11.1.1. 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.
11.1.2. submit to the City Engineer copies of the sewer video cassette, forms, and his
inspection ~og.
11.2. written verification shall be obtained from the Fire Department that all gates, locks, and keys
have been installed or provided to their satisfaction.
12. 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 shal~ 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.
13. Prior to recordation of each Final Map, the subdivider shall
13.1. either pay off the assessments for Assessment District 96-2, or he shall request
apportionment of the assessments from the old parcels to the new and pay all appropriate
apportionment fees.
13.2. 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 by the City.
13.3. 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. Among those non-
dedicated, shared facilities will be the on-site sewer main lines and laterals and storm water
lines and appurtenant facilities.
13.4. provide easements for required facilities not within the border of the phase being recorded.
13.5. ensure that each cable television company provides notice to the City Engineer of its intention
to occupy the utility trench.
14. 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 CaITrans standards for the design speed of the roadway in question.
15. Final map check fees shall be submitted with the first map check submission for each phased final
map. ~.~
Exhibit "A"
RVT 6185
Page 3 of 7
16. 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.
17. 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 ail 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.
18. 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
19. Prior to construction of in-tract water facilities, plans and specifications shall be approved by the City
Water Resources staff.
20
The City's normal fire protection service flows are 2500 gallons per minute (g.p.m.). In certain areas
and in certain zoning, fire flow requirements (as determined by the City and/or County Fire Department)
are in excess of the 2500 g.p.m, limit. Fire flow requirement in excess of 2500 g.p.m, shall require
developer fees of $0.50/g.p.m./acre in excess of 2500 g.p.m, or equivalent facilities.
PLANNING
21 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.
22 The subdivision shall be developed in no more than 9 phases. Phases shall be identified numerically
and not alphabetically.
23 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.
Exhibit "A"
RVT 6185
Page 4 of 7
24. Unique Elements per BMC 16.28.170 (O~(3)(e):
24.1
Prior to recordation of Unit 4, subdivider shall obtain a Conditional Use Permit, and
construct the private recreation facility to be available to the residents of this subdivision.
At a minimum, the subdivider shall provide a 2.2-acre passive recreation area to with open
space turf areas, trees, a minimum of four picnic tables and benches with BBQs, a pool,
shade trellis, and a minimum of 10 parking spaces.
25 Prior to recordation of any final map, subdivider shall submit documentation to the Planning
Director that confirms whether the lot depicted as "Alternate No. 1 Future Recharge Facilities" (Lot
1, Unit 9) will be accepted by the appropriate agency (ex. Rosedale-Rio Bravo Water Storage
District or City of Bakersfield), and that Rosedale-Rio Bravo Water Storage District will allow access
to the recharge facility from the Rio Bravo Canal. If the recharge facility is not needed, the
subdivider shall be allowed to record the "Alternate Layout" as shown on the tentative map
depicting single family residential lots.
26 The homeowners association shall be responsible for wall and landscape maintenance along the
entire Jewetta Avenue frontage of the subdivision. At a minimum, the landscaping shall have 8-foot
wide strip behind sidewalk with landscaped lots as shown on the tentative map.
27 Prior to filing a final map on any phase, the subdivider shall construct a 6 foot high chain link fence, in
accordance with City of Bakersfield Subdivision and Engineering Design Manual Standard D - 12
(aka S-10) including concrete curb, and approved by the City Engineer adjacent to the canal, as
measured from highest adjacent grade, along the common property line. The concrete curb may be
waived subject to Planning Director approval. The canal fence may not be bonded or secured.
28
Prior to filing a final map on any phase located within one-quarter mile of any canal, the subdivider
shall construct a 6 foot high chain link fence, in accordance with City of Bakersfield Subdivision
and Engineering Design Manual Standard D - 12 (aka S-10) or equivalent to separate the
subdivision and the unlined canal. The concrete curb for the chain link fence may be waived
subject to Planning Director approval. The canal fence may not be bonded or secured.
29.
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), such as recordation of the "Alternate Layout for residential lots,
the park land requirement will change accordingly. Refer to BMC Chapter 15.80 and the
Planning Information Sheet regarding calculation and payment of in-lieu fee. This subdivision is
located within the boundaries of the North Bakersfield Recreation and Park District. In
accordance with Government Code Section 66020(d), you are hereby notified that the 90-day
period in which you may protest the imposition of the fee has begun.
30.
If any wells are discovered during ground disturbance, subdivider shall contact Department of
Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR), provide written
confirmation from the DOGGR to the Planning Director stating that all oil wells are accurately
depicted on the proposed final map (map to be attached to letter) and have been leak tested and
abandoned to the satisfaction of DOGGR, prior to recordation of a final map.
Exhibit "A"
RVT 6185
Page 5 of 7
Mitigation Measures from GPAJZC #P01-1019 (City Council Res. # 88-02 and Ordinance #4046)
31. Prior to the issuance of a grading permit, the project applicant shall pay a development fee in
accordance with the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP).
32. Prior to the approval of a grading plan for any residential tract, multiple family project, and
commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning
Department from the SJVUAPCD stating the dust suppression measures that shall be completed
during construction activities to comply with SJVUAPCD Regulation VIII (Fugitive Dust Control).
(Note: see below for additional air quality mitigation measures.)
33. Prior to the approval of a grading plan for any residential tract, multiple family project, and
commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning
Department from the SJVUAPCD stating the measures that shall be completed during asphalt
paving will comply with SJVUAPCD Rule 4641. (Note: see below for additional air quality
mitigation measures.)
34. The construction grading plans shall include a statement that all construction equipment will
be tuned and maintained in accordance with the manufacturer's specifications.
35. The construction grading plans shall include a statement that work crews will shut off construction
equipment when not in use.
36.
The project applicant shall incorporate the following in building plans.
Solar or Iow-emission water heaters shall be used.
Central water heating systems shall be used.
Double-paned glass shall be used in all windows.
Energy efficient Iow-sodium parking lot lights shall be used.
One (1) bicycle rack shall be provided in each of the proposed commercial areas.
37. If cultural resources are unearthed during construction activities, all work shall be halted in the
area of the find. A qualified archaeologist shall be called in to evaluate the findings and
recommend any necessary mitigation measures. Proof of compliance with any
recommendations resulting from such evaluation, if required, shall be submitted to the
Southern San Joaquin Valley Archaeological Information Center (AIC) at California State
University, Bakersfield, and the City of Bakersfield Development Services Department.
(mitigation)
Additional Air Quality Mitigation Measures from Air Quality Impact Study for (Revised) Tract 6185, (May
2003) prepared by WZI.
38. Mitigation Measures for Construction Equipment Exhaust
The following mitigation measures are to be utilized during the construction phase of the project to
reduce construction exhaust emissions. These mitigation measures are stated in the GAMAQI
guidance document as approved mitigation for construction equipment:
· Properly and routinely, maintain all construction equipment, as
manufacturer manuals, to control exhaust emissions.
recommended by
Exhibit "A"
RVT 6185
Page 6 of 7
· 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.
39. Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures set forth under
Regulation VIII, Fugitive PM~0 Prohibitions of the San Joaquin Valley Air Pollution Control
District. The following mitigation measures, in addition to those required under Regulation Viii,
can reduce fugitive dust emissions associated with these projects:
· 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 stabilizedsuppressant, covered with a tarp or other suitable cover, or
vegetative ground cover.
· All onsite unpaved roads and offsite 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 offsite, 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)
· 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.
Exhibit "A"
RVT 6185
Page 7 of 7
· Cease grading activities during periods of high winds (greater than 20 mph over a one-
hour period).
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
constructions site.
· Wash off construction and haul trucks to minimize the removal of mud and dirt from the
project sites.
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