HomeMy WebLinkAboutRES NO 220-03RESOLUTION NO. 2 20- 0 3
RESOLUTION APPROVING THE APPEAL AND
ADOPTING THE NEGATIVE DECLARATION AND
APPROVING VESTING TENTATIVE PARCEL MAP
NO. 11001 LOCATED ON THE SOUTHEAST CORNER
OF STATE ROUTE 178 (24TM STREET)AND OAK STREET.
WHEREAS, in accordance with the procedure set forth in the provisions of Title 16
of the Municipal Code of the City of Bakersfield, Roger Mclntosh, filed an appeal of the Planning
Commission's 3-3 tie vote relative to Vesting Tentative Parcel Map 11001 during the
Commission's regular meeting of October 16, 2003; and
WHEREAS, Roger Mclntosh, the appellant, filed a written appeal stating that the
project is consistent with zoning, and that the limited traffic study performed for the air quality
analysis resulted in traffic improvements for the intersection of 24th and Oak Streets, and potential
travel though the residential neighborhood would be approximately 27 trips at peak hour; 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 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, testimony was heard during the public hearing; and
WHEREAS, proposed Vesting Tentative Parcel Map 11001 is located on the
southeast corner of State Route 178 (24th Street) and Oak Street, as shown on location map attached
as Exhibit "B;" and
WHEREAS, proposed Vesting Tentative Parcel Map 11001 consists of 6 parcels on
4.5 acres for purposes of office development, zoned C-O (Professional and Administrative Office
Zone); 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 City Council; and
WHEREAS, the proposed negative declaration and initial study were submitted to the
State Clearinghouse (SCH # 2003071135) for a 30-day minimum review period commencing July 22,
2003 and ending August 20, 2003 in accordance with CEQA; 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, in accordance with
CEOA; 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, recommended mitigation measures reduce impacts to air quality and
cultural resources to less than significant levels; and
OR~31NAL
WHEREAS, said mitigation measures have been incorporated into the project as
conditions of approval listed in attached Exhibit "A"; and
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 20 days prior to the hearing.
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.
A Negative Declaration for the proposed project is the appropriate environmental
document to accompany project approval. In accordance with CEQA, staff prepared an
initial study for the proposed project and indicated that because mitigation measures
relating to air quality and cultural resources have been incorporated into the project, 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, together with the provisions for its design and ~mprovement,
is consistent with the General Plan. (Subdivision MaD Act 66473.5) The proposed
density and intensity of development are consistent with the professional office land use
classification on the property. Proposed road improvements are consistent with the
Circulation Element. The overall design of the project, as conditioned, is consistent with
the goals and policies of all elements of the general plan.
The proiect 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.1. 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.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.
The conditions of approval are necessary for orderly development, and the public health,
welfare and safety.
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 appeal is approved, subject to mitigation measures and conditions of
approval shown in attached Exhibit "A."
4. Vesting Tentative Parcel Map 11001 is hereby approved, subject to the
mitigation measures and conditions of approval shown in attached Exhibit "A."
......... 000 ........
I HEREBY CERTIFY that the foregoing Resolution wa~s,.p~as~se~ ~R~3adopted by the Council of
the City of Bakersfield at a regular meeting thereof held on urn, ~. v ~uu,~ , by the following vote:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HA'N~S~tSULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~-"l{;~c.~a~v~
PAMELA A. McCARTHY,/~IC
CITY CLERK and Ex Officio'Clerk of the
Council of the City of Bakersfield
APPROVED DEC 1 0 2003
Mayor of the City of Bakersfield
APPROVED as t/e/form
VIRGINIA G ENI~YARO
City Attorn?y ' / //,;
Exhibit~ A. Conditions of Approval B. Location Map
C, Tentative Tract Map
jeng I I S:tTRACTSiOOO11cclres. DOC
November 19, 2003
ORIGINAL
EXHIBIT "A"
VESTING TENTATIVE PARCEL MAP 11001
CONDITIONS OF APPROVAL
PUBLIC WORKS
The following are based upon the map signed June 12, 2003.
Prior to filing of the Parcel Map and in accordance with Department of Transportation requests,
1.1. provide dedication tO the state on 24th Street (State Route 178) for one additional east-west
through lane, and a deceleration lane at the proposed access;
1.2. either construct or secure through an improvement agreement with appropriate security the
additional through lane, and the deceleration lane at the proposed access.
1.3. for all required improvements in existing or proposed states right of way, provide engineering
plans, calculations, specifications, and reports, to state standards and specifications, in the
format required by CalTrans, and stamped and signed by a licensed engineer.
Note: In the letter from Jeff Sorenson of CalTrans dated October 15, 2003, CalTrans has stated that
this project is to construct its frontage for the ultimate half width of three through lanes and a
deceleration lane, but to stripe it to accommodate the existing 2-lane configuration.
2. An encroachment permit must be obtained from the state for any work within its right of way.
3. Access shall be limited to the three locations shown on the tentative map.
4. Except at the three access points allowed, a waiver of direct access rights from all parcels to Oak
Street and to 24th Street shall be required.
Lengthen the right turn lane on Oak Street so both entrances are within the extended turn lane.
There shall be a minimum of 100' of storage with a 90' bay taper for the right turn lane at the south
entrance.
6. Construct the landscaped median island in Oak Street to limit turning movements to right in - right
out only. Left turns into or out of the subdivision will not be allowed.
7. Provide dedication of Oak Street to arterial standards, including right turn lanes and sufficient right
of way to accommodate a bike lane and the CalTrans requirements for 24"~ Street.
8. Construct to City standards on Oak Street improvements including but not necessarily limited to
curb & gutter, street paving, sidewalk, landscaped median island, and street lighting.
9. Provide Municipal sewer, water, gas, electrical, telephone, and Cable TV services to each parcel.
10. Removal or relocation of existing City, State, or utility facilities from proposed rights of way shall be
at the sole cost and expense of the subdivider.
11. All development through the site plan review process shall have additional setbacks as needed for
future road improvements referred in 1.1 above.
Jeng / S:tTRACTSIOOOIIcc~ExhA con revised. DOC
December 1 I, 2003
ORIGI~q~!
Exhibit "A"
VTPM 11001
Page 2
12. Prior to recordation of the parcel map, the subdivider shall
12.1. submit to the City Engineer for his review and approval a drainage and grading plan for the
site and a preliminary soil report, with R values, and engineering calculations to justify the
paving structural sections proposed.
12.2. submit an enforceable, recordable document approved by the City Attorney to be recorded
concurrently with the Final Parcel Map which will prohibit occupancy of any parcel until all
improvements have been completed by the subdivider and accepted by the City.
12.3. provide for permanent access to Parcels 1 and 3.
12.4. 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 any storm
water retention basin(s) and associated storm drain lines and appurtenant facilities, as well
as common drives, parking areas, etc.
12.5. ensure that each cable television company provides notice to the City Engineer of its
intention to occupy the utility trench.
13. Prior to recordation of the parcel map, all improvement plans shall be reviewed and approved by
the City Engineer.
14. 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.
15. Concurrently with recordation of the parcel 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.
16. Install 200 watt street lights at locations to be determined by the City Engineer.
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 Icg
(which includes the stationing, based on the stationing of the approved plans, of all connected
laterals) of the inspection shall be provided for viewing and shall be approved by the subdivider's
engineer prior to acceptance. After the subdivider's acceptance of the system, the video cassette,
forms, and logs shall be submitted to the City Engineer.
Jeng t S:ITRACTSiO~OIIcctExhA con revised. DOC
December 11, 2003
Exhibit "A"
VTPM 11001
Page 3
PLANNING
18. This subdivision shall comply with all provisions of the Bakersfield Municipal Code, and applicable
resolutions, policies and standards in effect at the time the application for the subdivision map was
deemed complete per Government Code Section 66474.2.
19. 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 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.
20. 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.
21. In the event a previously undocumented well is uncovered or discovered on the project site, the
subdivider is responsible to contact the Department of Conservation's Division of Oil, Gas, and
Geothermal Resources (DOGGR). The subdivider is responsible for any remedial operations on
the well required by DOGGR. Subdivider shall also be subject to provisions of BMC Section
15.66.080 (B.)
Police power based on public health, welfare and safety.
22. Prior to or concurrently with recordation of a final map, subdivider shall provide a common access and
parking easement encumbering the subject parcel map. Easement shall be submitted to the City
Attorney and Planning Director for review and approval prior to recordation of a final map.
Pofice power to provide for orderly development.
Jeng I S:~TRACTSiOOOI~cclExhA con revised. DOC
December 11, 2003
Exhibit "A"
VTPM 11001
Page 4
Cultural Resources - Mitigation
23. Due to the documented find of artifacts and human remains within ~ mile of the project area,
prior to any ground disturbance, all earth moving contractors and employees shall attend a
"tailgate" session informing them of the cultural resource protection measures to be followed for
the project. The orientation shall be conducted by a qualified archeologist and shall include
information regarding the cultural history of the local area, reasons why cultural resources are to
be preserved and reviewed by a qualified archeologist to determine significance, examples of
possible cultural resources, summary of applicable environmental law, procedures to follow if
potential artifacts are found, and measures intended to reduce impacts. The presentation shall
include specific information on requirements and procedures to follow in the event human
remains are discovered.
24. Prior to grading plan approval, the applicant's archeologist shall submit a summary report to the
Planning Director and Southern San Joaquin Valley Information Center verifying the following:
1) when and where the session took place; 2) topics discussed in the session; and 3) session
attendance roster.
Mitigation acceptable by The California Historical Resources Information System, Southern San
Joaquin Valley.
25. Developer shall provide vehicle directional signage for traffic direction for southbound Oak Street
as approved by the City Engineer and consistent with traffic engineering standards and the Sign
Ordinance.
Condition added by City Council December 10, 2003.
Jeng I S:tTRACTSIOOOItcclExhA con revised. DOC
December 11, 2003
ORIGINal
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