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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) IBIT B .-I m z m EXHIBIT C x P m ORIGI[~L