HomeMy WebLinkAboutRES NO 222-03RESOLUTION NO. 2 ~ ~ ' 0 ~,
RESOLUTION UPHOLDING THE DECISION OF
THE PLANNING COMMISSION, APPROVING
THE NEGATIVE DECLARATION AND VESTING
TENTATIVE TRACT MAP 6191, AND DENYING
THE APPEAL BY THE SIERRA CLUB.
WHEREAS, in accordance with the procedure set forth in the provisions of Title 16 of
the Municipal Code of the City of Bakersfield, the Sierra Club, filed an appeal of the Planning
Commission's decision relative to Vesting Tentative Tract Map 6191 and adoption of the Negative
Declaration made during the Commission's regular meeting of August 21, 2003; and
WHEREAS, the Sierra Club, filed a written appeal stating objection to approval of
Vesting Tentative Tract Map 6191, relative to the negative declaration based on air quality, traffic and
biological resource issues; 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 headng before said City Council on
said appeal, and notice of the public headng 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 headng
on Wednesday, October 8, 2003, to consider the appeal; and
WHEREAS, testimony was heard dudng the public headng; and
WHEREAS, proposed Vesting Tentative Tract Map 6191 is generally located on the
southwest Comer of Paladino Drive and Morning Drive, as shown on location map attached as Exhibit
"B;" and
WHEREAS, proposed Vesting Tentative Tract Map 6191 consists of a proposed
(phased) subdivision consisting of 173 lots for the puq~ose of single family residential development and
one lot for future development on 84.40 acres zoned R-1 (One Family Dwelling); a request for deviations
fi'om standard subdivision design to allow reverse comer lots, non-radial/non-perpendicular lots lines, and
block lengths that exceed 1,000 feet, as shown on attached Exhibit 'C,' consisting of four sheets; and
WHEREAS, the application for Vesting Tentative Tract Map 6191 was deemed
complete on July 30, 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
ORIGINAL
Negative Declaration was prepared at least 20 days prior to the public headng before the Planning
Commission, in accordance with CEQA; and
WHEREAS, in accordance with CEQA, the initial study and negative declaration were
submitted to the State Clearinghouse (SCH #2003071006) for a minimum 30--day review on July 1,2003
and ended on July 30, 2003; and
WHEREAS, the facts presented in the staff report and evidence at the above referenced
public headngs support the findings contained in this resolution; and
WHEREAS, Conditions of Approval have been incorporated into the project as listed in
attached Exhibit "A"; and
WHEREAS, the applicant has agreed to all Conditions of Approval; and
WHEREAS, the Council has considered and hereby makes the following findings:
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
in a local newspaper of general circulation at least 10 days prior to the hearing.
'~he provisions of CEQA and City of Bakersfield CEQA Implementation Procedures haw~
been followed. Staffdetermined that the proposed activity is a project and an initial study
was prepared and a Negative Declaration was prepared and duly noticed.
_A Neqative Declaration for the proposed project is the appropdata environmental
document to accompany proiect approval. In accordance with CEQA, staff prepared an
initial study for the proposed project and indicated that 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, to(~ether with the provisions for its desian and imorovement, i~;
consistent with the General Plan. (Subdivision MaD Act 6647'3.5) The proposed density and
intensity of development are consistent with the Low Density Residential land use
classification of 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.
The Droiect must be aranted a "de minimis: exemption with respect to the payment of Fish
and Game Section 7'11 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 Agen,
decision to prepare a Negative Declaration for this project.
ORIGINAL ~
Mineral daht owners' sianatures may be waived on the final map oursuant to BMC 16.20.06(3
B.3. As conditioned, the applicant has provided evidence with the project application that it is
appropriate to waive mineral dght owner's signatures because in accordance with BMC
Section 16.20.060 B.3., the subdivider intends to reserve (a) drill island (s) for mineral access
and has provided notice of such, as required in Section 16.20.060 B.3. to each mineral
owner and lessee of record.
The request for modifications, as conditioned, appear to be consistent with orderty
development and based on professional engineering practices for the topograPhy of the
project site.
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 Vesting Tentative Tract Map
6191 is upheld and modified.
4. The appeal by the Sierra Club is denied.
5. Vesting Tentative Tract Map 6191 is hereby approved, subject to the conditions of
approval shown in attached Exhibit "A."
-- o0o
ORIGINAL ~
I HEREBY CERTIFY that the forego ng Resolution was p_ass~J~0~.nd adopted by the Council of ~ -
C ty of Bakersfield at a regular meeting thereof held on DEC ~1 0 , by the following vote:
ABSTAIN:
COUNCIl. MEMBER COUCH, CARSON, BENHAM, MAGGARD ~ .... SULLIVAN, SALVAGGIO
COUNCILMEMBER ......
COUNCILMEMBER
COUNCILMEMBER.
APPROVED DEC i 0 2003
HARVEY L.
Mayor of the City of Bakersfie}(I
PAMELA A. McCARTHY, C, JI~JC
CITY CLERK and Ex Officio~Clerk of the
Council of the City of Bakersfield
APPROVED as to form
BART J. THIL~"~N
City Attorney/ / //'
B · / ',~:, · .
Exhibits: A. Conditions of Approval B. Location Map
C. Tentative Tract Map
LP ~\ $:~TRACTS~6'191~c-'~res.doc ~ 8epl~mber 17, 2003
4
ORIGINAL
PUBLIC WORKS
EXHIBIT ~A"
VESTING TENTATIVE TRACT MAP 6191
CONDITIONS OF APPROVAL
1. By letter dated May 31, 2003, the subdivider's engineer requested approval for deviations from the following
ordinance, standards, and/or policy requirements:
1.1. MC 16.28.160 A - Request - modification to allow Ardante Way and Monticello Court to exceed the 1,000'
maximum block length.
Recommendation -APPROVE the request, provided that the design of Monticell Court includes the use of
suitable traffic calming devices subject to the approval of the City Engineer.
BMC 16.28.170 F - Reouest - modification to allow non-radial and non-perpendicular lot lines at Lots 28-31,
and Lots 43-47 in Phase 2 because of existing wells and gas lines - allows for uniformity in lot widths
Recommendation - APPROVE the request.
1.2. MC 16.28.170 H - Reeuest - modification to allow double frontage lots for Lots 28-39, Phase 2 and Lots 1-
5, Phase 4. Recommendation - APPROVE the request. Double frontage lots are permitted between local
and arterial or collector streets provided rights of direct access to the arterial or collector are waived, and
walls and landscaping are installed adjacent to the arterial or collector.
1.3. SDM 3.4.1.1 ,b - Request - modification to permit less than 500' minimum radius on Thorner Street north of
Eagle Ridge Street.
Recommendation - APPROVE the request.
1.4. SDM Standard S-26 - Request - approve lengthy cul de sacs: 836' for Beringer Court, 726' for Meridian
Court east of Thorner Street, and 582 for Meridian Court west of Thomer Street.
Recommendation - APPROVE the request provided emergency service providers have no objections.
2. Recordation of Phase 1 as shown will create multiple remainders. Multiple remainders are not allowed.
Therefore, prior to recordation of the first final map, either Lot Line Adjustment 03-0715 must be completed and
a Certificate of Compliance recorded, or the phase shall be reconfigured so there will not be multiple
remainders.
3. Dedicate and construct the following:
3.1. a street connection between Monticello Court and Meridian Court that will intersect Meridian Court between
Vinoche Drive and Thomer Street, or provide a southbound left turn pocket ih the median in Morning Drive
north of Capilano Way.
Note: Without a connection to the Vinoche Drive side of this tract, the residents of the Thomer Street side of
the tract have no way to travel north on Morning Drive without going out to Panorama Drive and making two
left tums. A left tum pocket in the median will give them the opportunity to go south on Morning Drive and
make a U-turn to go northbound.
3,2. Meddian Court and Monticello Court to the east line of Lot A to enable them to be extended upon
development of Lot A. The cul-de-sacs shall be constructed and the additional street dedication shall
continue to the east line of Lot A.
Prior to recordation of the first phase.
4.1. provide dedication on Paledino Drive for a right turn lane into Bellfonte Avenue.
4.2. because of the transmission tower in the Paladino Drive alignment, dedicate additional dght of way in Lot A
to allow for construction of Paladino Drive to arterial standards, inctuding a bike path.
5. Prior to recordation, pay the Breckenridge Planned Drainage Area (PDA) fee for the portion of the subdivision
within the PDA or utilizing PDA facilities.
6. Include Lot A within Phase 4.
7. Prior to grading plan review, submit the following for review and approval:
ORIGINAL
Exhibit "1"
VTM 6191
page 2
7.1. a drainage study for the entire subdivision. Ensure the retention basin site is designed to retain the
drainage from the entire subdivision.
7.2. a sewerage study to include providing service to the entire subdivision~and showing what surrounding
areas may be served by the main line extensions.
7.3. verification from the responsible authority that all the wells have been properly abandoned.
8. Access to Morning Drive from Eagle Ridge Street, Capilano Way, and Monticello Court and to Paladino Drive
from Bellfonte Avenue shall be limited to right turn in, right turn out, and left turn in.
9. Construct full width median islands for 100' on each of each intersection to limit turning movements to those
cited. Construct a minimum 16 w'de northbound through lane at those median locations. In lieu of the median
construction, a turn restrictor device may be constructed with the approval of the City Engineer.
10. Install traffic signal interconnect conduit and pull rope in Moming Drive and in Paladino Drive.
11. Provide a waiver of direct access rights from all abutting lots, except Lot A, to Paladino Drive and to Morning
Drive.
12. Provide easements and improvement restrictions for those lots encroaching into clear line of sight areas.
13. The entire street frontage adjacent to a lot in a particular phase shall be included in that phase. For instance, in
Phase 1, Lot 50, Capilano Way shall be dedicated and constructed full width to the west line of Lot 50.
14. The developer is required to construct an improvement which is on the facilities list for the Metropolitan
Bakersfield Transportation Impact Fee (Paladino Drive). The developer shall receive credit against his traffic
impact fees for this project. This credit is ~ until the improvement has been constructed by the
developer and accepted for maintenance by the City. Any building permit issued prior to this acceptance shall
pay the full impact fee.
15. The phasing map as submitted or 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 sharo shall be placed into an escrow account. The money deposited in this account would be for the
use of the developer of any fiJturo 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
16. Prior to recordation of each Final Map, the subdivider shall
16.1. pay the No~lheast Sewer Trunk Planned Sewer Area fee.
16.2. submit an enforceable, recordabla 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
16.3.c°mpleted by the subdivider and accepted by the City.
provide easements for required facilities not within the border of the phase being recorded.
16.4. ensure that each cable television company provides notice to the City Engineer of its intention to
occupy the utility bench.
17. The retention basin fence along Fratelli Drive shall not be placed within the front yard setback area. The
treatment for the area between the back of sidewalk and the retention basin fence shall be in accordance with
$: Tract~161911Exh l (l~epa red by LP)
Exhibit"l"
VTM 6191
page 3
Standard L-14. Standard landscaping and block wall installation shall be extended along Morning Drive and
Paladino Drive adjacent to the retention basin.
18. Two hundred watt street lights shall be installed on arterial or collector streets, and one hundred watt street
lights shall be installed on local streets.
19. On and off site rood improvements are required from any collector or arterial street to provide left turn
channelization into each street within the subdivision. 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.
20. Final map check fees shall be submitted with the first submittal of each final map.
21. The subdivider shall either construct the equivalent full width landscaped median island in Paladino Drive and in
Morning Ddve or pay his proportionate share of the cost for the future construction of the medians, cOnStruction
or payment shall be for the full width of the land being subdivided. The total cost may be apportioned between
the phases and paid prior to recordation of each phase if he elects to pay his share of the casts for the future
construction. If he elects to pay for the future construction, credit will be given for the portions of the medians
constructed to control access.
22. All lots with water well facilities that front arterial streets will have wall and landscaping to arterial 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.
23. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy
adopted by letter dated January 22, 1997.
24. 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.
25. Approval of this tentative map does not indicate approval of grading, the location of drainage-linee and
appurtenant facilities shown, the location and use of cross gutters, or any variations from ordinance, standard,
and policy requirements which have neither been specifically requested nor specifically approved.
OFFICE OF ENVIRONMENTAL SERVICER
26. Pipeline Easements
26.1 Concurrently with recordation of any phase that includes the pipeline easements or portions thereof,
subdivider shall shew the easements on the final map with a notation that structures including
accessory buildings and swimming pools, are prohibited within the easements and record a
corresponding covenant.
26.2 Prior to or concurrently with recordation of any phase that includes the pipeline easements or
portions thereof, subdivider shall show on the final map that no habitable portion of a structure may
be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches
of cover, and record a corresponding covenant.
26.3 No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within 48
inches or mOre of cover. If a pipeline meets this criteria, the 40 foot setback line shall be shown in
S: Trac~ t6191tExh1 (prepared by I.P)
ORIGINA£
Exhibit"l"
VTM 6191
page 4
the final map and a corresponding covenant shall be recorded prior to or concurrently with
recordation of any phase that is affected.
26.4 Prior to or concurrently with recordation of any phase within 250 feet of the pipeline easements,
subdivider shall record a covenant disclosing the location of the pipelines on all lots of this
subdivision within 250 feet of the pipelines.
Risk assessment performed for previous subdivisions Iocated aiong similar pipelines, dated May 1990.
PLANNING
27. This subdivision shall comply with all provisions of the Bakersfield Munidpal 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.
28. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related
environmental approvals related to or adsing from this project, the applicant, and/or property owner
and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of
Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein)
against any and all liability, claims, actions, causes of action or demands whatsoever against them, or
any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising
from, the terms and provisions of this application, including without limitation any CEQA approval or
any related development approvals or conditions whether imposed by the City, or not, except for
CiTY's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any decision by the City
related to this project and the obligations of this condition apply regardless of whether any other permits
or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling under this
condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall
be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense
of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity
or party.
29. 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.
Recommendation contained in archaeological study performed by Paul E. Pruett, dated June 27, 2003.
30. The subdivision shall be developed in no more than 4 phases. Phases shall be identified numerically and not
alphabetically.
SMA 66456. I and BMC Section 16.20.160: Allows the Planning Commission to determine the number of
phases to be recorded for each map. The condition reflects the number of phases the subdivider has proposed.
Due to the conversion to a new permit tracking system, phases must be identified numerically.
31. Prior to recordation of a fina map for any phase containing an abandoned oil well, the subdivider shall submit
evidence to the Planning Department of proper abandonment of the well, and shall provide a recorded
S: Tracts~191tE~hl (prepared by LP)
0RIGiNA[
Exhibit "1"
V'rM 6191
page 5
document disclosing the location of the well and delineating the required 10 foot non-buildable easement
surrounding the well.
Recommendation of the State Department of Oil, Gas and Geothermal Resources.
32. The subdivider shall construct 6 foot tall block walls along the sideyards of lots located adjacent to Paladino
Drive and Morning Drive. Such block walls shall be constructed in accordanca with Planning Commission
Resolution No. 58-92.
For orderly development.
33. 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. The park land in-lieu fee for this subdivision shall be for 1.79 acres of land. 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 this fee has begun. If the Specific Parks and Trails
Plan for Northeast Bakersfield is adopted, the park land requirement will be computed based on the criteria
specified in the adopted plan.
BMC Chapter 15.80 requires the Planning Commission to determine if a subdivider is to dedicate park land, pay
an in-lieu fee, reserve park land or a combination of these in order to satisfy the City's park land ordinance. Staff
is recommending this condition in accordance with BMC Chapter 15.80.
34. Lots 22-26 of Phase 4 (as shown on the tentative map) shall be located outside of the Southern California
Edison easement.
Condition added by the Planning Commission.
35. No model homes shall be constructed on lots 4 through 10 along Eagle Ridge Drive.
Condition added by the Planning Commission.
S: Trac~16191~Exhl (prepared by LP)
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EXHIBIT C
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ORIGI[~L