HomeMy WebLinkAboutRES NO 221-03RESOLUTION
RESOLUTION UPHOLDING THE DECISION OF
THE PLANNING COMMISSION, APPROVING
THE NEGATIVE DECLARATION AND VESTING
TENTATIVE TRACT MAP 6234, 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 6234 and adoption of the Negative
Declaration made during the Commission's regular meeting of October 16, 2003; and
WHEREAS, the Sierra Club filed a written appeal stating objection to approval of
Vesting Tentative Tract Map 6234, relative to the Negative Declaration based on air quality, traffic
and the impacts of the project on biological resources; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as Wednesday, December 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 hearing was given in the manner provided in Title Sixteen of
the Bakersfield Municipal Code; and
WHEREAS, testimony was heard during the public hearing; and
WHEREAS, proposed Vesting Tentative Tract Map 6234 is generally located south of
Reina Road, north of Noriega Road and west of Old Farm Road, as shown on location map attached as
Exhibit "B;" and
WHEREAS, proposed Vesting Tentative Tract Map 6234 is a proposed (phased)
subdivision consisting of 326 lots for the purpose of single family residential development, a sump lot,
and a 2.06 acre drill site on 100.02 acres for single family residential zoned R-1 (One Family Dwelling)
and a request to waive mineral rights signatures pursuant to BMC 16.20.060 B.3 by reserving a ddll site,
as shown on attached Exhibit "C," consisting of two sheets; and
WHEREAS, the application for Vesting Tentative Tract Map 6234 was deemed
complete on September 22, 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 Declaration was prepared at least 20 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
ORIGINAL
WHEREAS, the Council has considered and hereby makes the following findings:
All required public notices have been given. 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 10 days prior to the hearing.
The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have
been followed. For Vesting Tentative Tract Map 6234, the City prepared an Initial Study,
in conformance with CEQA, the CEQA Guidelines, and the City's CEQA Implementation
Procedures, which were duly followed by City staff and the Planning Commission, and
determined that a Negative Declaration was the appropriate CEQA document for Tract
6234 because there is no substantial evidence, in light of the whole record before the
City, that Tract 6234 will have a significant effect on the environment with the
incorporation of project-specific mitigation. CEQA Guidelines §§ 15152(0, 15070.
The Initial Study and Negative Declaration adequately and comprehensively
addressed cumulative impacts and concluded with project-specific impacts will be
less than significant.
The cumulative impacts associated with Tract 6234, specifically cumulative air
quality impacts, will not be significant because: (1) cumulative impacts have been
adequately addressed in the Metropolitan Bakersfield General Plan Update EIR
(CEQA Guidelines § 15152(0(1 )); (2) Tract 6234's incremental impacts are not
significant on a project-specific basis (CEQA Guidelines § 15152(f)(2)); (3)Tract
6234 complies with the San Joaquin Valley Air Pollution Control District's Air
Quality Attainment Plan (CEQA Guidelines § 15064(i)(3)); (4) the General Plan
EIR adequately addressed air quality cumulative impacts (CEQA Guidelines §
15130(d)).
Tract 6234 is within the scope of the development levels evaluated in the
Metropolitan Bakersfield General Plan Update EIR. The Initial Study has further
evaluated potential project specific impacts to the environment. Based upon this
evidence and the Negative Declaration, Tract 6234 will not have any significant
environmental impacts that were not studied in the Metropolitan Bakersfield
General Plan Update EIR. The Initial Study and the Negative Declaration applies
all applicable mitigation measures specified in the Metropolitan Bakersfield
General Plan Update EIR to Tract 6234. Therefore, the Negative Declaration, as
well as the Metropolitan Bakersfield General Plan Update EIR, is adequate for the
approval relating to Tract 6234 and there is no substantial evidence that the
project, may have a significant effect on the environment.
The project is within the area covered by the Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP) and Incidental Take Permit PRT-786634. Under the
provisions of the MBHCP, no further biological analysis or mitigation is necessary
because compliance with the MBHCP and Incidental Take Permit constitutes full
mitigation.
In accordance with CEQA and the CEQA Guidelines, the Initial Study and
Negative Declaration were prepared at least 20 days prior to the Planning
Commission public hearing on September 10, 2003.
ORIGINAL
10.
11.
12.
13.
14.
15.
All required public notices have been given. Hearing notices regarding Tract
6234 were mailed to property owners within 300 feet of the project area and
published in a local newspaper of general cimulation at least 10 days prior to the
headng.
The Council has considered all verbal and written comments relating to the Initial
Study and Negative Declaration and find no significant new information has
arisen within the meaning of the Pub. Res. Code § 21092.1 and CEQA
Guidelines § 15088.5 that would necessitate recirculation of the Initial Study and
Negative Declaration for further public review.
The Council has considered the Staff Report, the Initial Study and Negative
Declaration, supporting documents, public testimony and all apprepdate
information that has been submitted with Tract 6234, has studied the compatibility
of the applicant's request with adjacent land uses and consistency with the
Metropolitan Bakersfield General Plan, and other applicable City plans.
Tract 6234 is consistent with the existing Metropolitan Bakersfield General Plan
and other applicable City plans because the proposed development as
conditioned is consistent with the residential and related land use designations
and with the planned density allowed for the project area.
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, together with the previsions 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 Low Density Residential land use
classifications on the property. Proposed read 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 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.
Mineral right owners' signatures may be waived on the final map pursuant to BMC 16.20.060
B.3. As conditioned, the applicant has provided evidence with the project application that it is
appropriate to waive mineral right owner's signatures because in accordance with BMC
Section 16.20.060 B.3., the subdivider intends to reserve a drill island 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.
3
ORIGINAL
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
6234 is upheld and modified.
4. The appeal by the Sierra Club is denied.
5. Vesting Tentative Tract Map 6234 is hereby approved, subject to conditions of
approval shown in attached Exhibit "A."
........ -o0o ........
I HEREBY CERTIFY that the foregoing Resolution wasDa
City of Bakersfield at a regular meeting thereof held on ~[~; ~ u c'~""nd
adopted
by
the
Council
of
the
, by the following vote:
COUNCILMEMBER COUCH, CARSON, BENHAM, MACGARD, H~',Ia~i~.SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
_ COUNCILMEMBER ,~/~'~ ~'.,.CLa,,
PAMELA A. McCARTH'~/ CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED ~Eg
HARrVEY L ~ALL
Mayor of the City of Bakersfield
APPROVED as].o]form
VIRGINIA GE~RO
City Attorne~y /
Exhibits! A. Conditions of Approval
B. Location Map
C. Tentative Tract Map 6234
LP \\ S:\TRACTS\6234\ cc res \\ November 25, 2003, 2003
4
ORIGINAL
EXHIBIT "A"
VESTING TENTATIVE TRACT MAP 6234
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. Provide a waiver of direct access rights from all abutting lots to Reina Road, to Old Farm Road, and to Noriega
Road.
2. Ensure multiple remainders are not created by the final map phasing.
3. Submit sewer and drainage studies to be reviewed and approved by the City Engineer prior to submittal of any
improvement plans,
4. Reina Road and Old Farm Road shall be constructed in no more than two segments each. Noriega Road shall
be constructed in one segment.
5. If Rambler Avenue west of this subdivision has not been constructed at the time of filing the phase within which
it is located, then a temporary turnaround either on-site or off-site shall be provided at its west end.
6. Commercial drive approaches shall be constructed for entries into the drill site and the retention basin.
Provide sufficient additional dedication on the north side of Reina Road for a graded shoulder and for any
necessary channelization. If the subdivider is unable to obtain the required right of way, then he shall pay to the
City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the
purchase and improvement of said right of way.
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 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 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
9. Prior to submitting any improvement plans or maps for review, provide a defined order of development. At that
time, the City Engineer will determine the scope and extent of improvements required with a particular phase.
10. Prior to recordation of each Final Map, the subdivider shall
10.1. 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.
10.2. provide easements for required facilities not within the border of the phase being recorded.
10.3. ensure that each cable television company provides notice to the City Engineer of its intention to
occupy the utility trench.
11. The treatment for the area between the back of sidewalk and the retention basin fence shall be in accordance
with Standard L-14. Ensure the basin fence and landscaping do not encroach into the lines of sight of the
adjacent lots.
12. Two hundred watt street lights shall be installed on the collector streets, and one hundred watt street lights shall
be installed on local streets.
13. On and off site road improvements are required from any collector or arterial street to provide left turn
ORIGINAL
Exhibit "A"
VTM 6234
page 2
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 CalTrans
standards for the design speed of the roadway in question.
14. Final map check fees shall be submitted with the first map check submission for each phase.
15. All lots with water well facilities that front collector streets will have wall and landscaping to collector 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.
16. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy
adopted by letter dated January 22, 1997.
17, 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.
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 requirements 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. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related
environmental approvals related to or arising from this project, the applicant, and/or property owner and/or
subdivider ("Applicant" herein) agrees to indemnifT, 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.
S: Tracts~6234tExh1 (prepared by LP)
ORIGINAL
Exhibit "A"
VTM 6234
page 3
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 cast and expense of the Applicant and the City is not
obligated to use any law firm or attorney chosen by another entity or party.
23. 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 clearance letter provided by California Historical Resources
Information Center, dated August 31, 2003.
24. The subdivision shall be developed in no more than six phases. Phases shall be identified numerically and not
alphabetically.
SMA 66456.1 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 parmit tracking system, phases must be identified numerically.
25. 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 2.45 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.
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~ park land ordinance. Staff
is recommending this condition in accordance with BMC Chapter 15.80 and the recommendations of the North
Bakersfield Parks and Recreation District.
26. Multi-purpose trails shall be constructed along Old Farm Road and Noriega Road in accordance with the
Western Rosedale Specific Plan.
In accordance with the Westem Rosedale Specific Plan and for orderly development.
27. Wall design and landscaping material shall be subject to Planning Commission Resolution 58-92 regarding walls
and landscaping.
For orderly development.
28. Block walls 6 feet in height shall be constructed along side yards of lots located adjacent to Old Farm Road.
For orderly development.
S: Tracfs16234tExh1 (prepared by LP)
ORIGINAL
Exhibit"A"
VTM 6234
page 4
Mitioation Measures:
Air Quality Study (WZI, Inc. August 2003)
29. Mitigation Measures for Construction Equipment Exhaust
The following mitigation measures should be utilized dudng 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 recommended by manufacturer
manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods of time to reduce emissions associated
with idling engines.
· Encourage ride sharing and use of transit transportation for construction employee commuting to the
project sites.
· Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment.
· Curtail construction during pedods of high ambient pollutant concentrations; this may include ceasing
of construction activity during the peak-hour of vehicular traffic on adjacent roadways.
30. Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures set forth under Regulation
VIII, Fugitive PM,o 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
stabilizer/suppressant, 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)
S: Tracts[62.34[Exh I (prepared by LP)
ORIGINAL
Exhibit "A"
VTM 6234
page 5
· 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 stabilizer/suppressant.
· 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.
· Cease grading activities dudng 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.
$: Tract~6234~Exh 1 (prepared by LP)
B
EXHiBIT'iO-
!GINAL