HomeMy WebLinkAboutRES NO 214-03RESOLUTION NO. 2 1 4 ' 0 3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING DEVELOPMENT PLANS FOR A
PROPOSED TENTATIVE SUBDIVISION CONTAINING 352 LOTS
FOR PURPOSES OF SINGLE FAMILY DEVELOPMENT, ONE LOT
FOR A PRIVATE PARK, AND A RETENTION BASIN ON 81.10
ACRES ZONED R-I/PUD (ONE FAMILY DWELLING-PLANNED
UNIT DEVELOPMENT) (ZONE CHANGE 03-0343/PROJECT NO. 03-
0947) (ENGINEER- MCINTOSH & ASSOCIATES/SUBDIVIDER-ADH
CORPORATION)
WHEREAS, Mclntosh and Associates filed an application requesting development
plan review approval for a proposed tentative subdivision containing 352 lots for purposes of single
family development, one lot for a private park, a retention basin on 81.10 acres zoned R-l/PUD
(One Family Dwelling-Planned Unit Development) as shown on attached site plan (2 pages) labeled
Exhibit "3;" and
WHEREAS, said proposed project is generally located on the south side of Zephyr,
between South Oswell Street and Sterling Road as shown on attached map labeled Exhibit "2"; and
WHEREAS, the Planning Commission through its Secretary set Thursday, October
16, 2003, at the hour of 5:30 p.m., in the Council Chamber of City Hall, Bakersfield, California, as
the time and place for a public headng before said Commission and notice of said hearing was
given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield;
and
WHEREAS, at said hearing the issue was duly heard and considered, and the
Planning Commission approved said development plans as the project would meet all required
development standards and mitigation; and
WHEREAS, the Planning Commission forwarded their recommendation to the City
Council recommending approval of the development plans; and
WHEREAS, the City Council through its Clerk set December 10, 2003, at the hour of
7:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for the
Council's review of said site plan; and
WHEREAS, at the above mentioned meeting date, all evidence concerning the
project was considered by the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
A. That the Planning Commission's findings as contained in their Resolution No.
153-03 are hereby adopted.
B. That the development plan as conditioned in attached Exhibit "1" and as shown in
attached Exhibit "3," is hereby approved.
.......... 000 ..........
ORIGINAL
-2-
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the~t~ o1[ ~al~ssfield ara regular meeting thereof held on
, by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARE), HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNClLMEMBER
COUNCILMEMSER
PAMELA A. McCARTHY, C/I(~C
CITY CLERK and Ex Officio~Clerk of the
Council of the City of Bakersfield
APPROVED: DEC :/0 2003'
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney ~
Exhibits:
1. Conditions of Approval
2. Location Map
3. Site Plan
ORIGINAL
EXHIBIT "1"
DEVELOPMENT PLAN ZONE CHANGE #03-0343
CONDITIONS OF APPROVAL
Subdivider shall construct the private 0.90 acre park prior to or concurrently with recordation of
the fourth phase of Vesting Tentative Tract Map 6232. The private park shall at a minimum
include a shade trellis with 4 barbecues and picnic area, 6 other picnic table/benches placed
throughout the park, landscaping, trees and open turf area, as shown on the Preliminary PUD Plan.
2 The following modifications are conditionally approved as follows:
2.1 Approve private gated interior streets that shall be maintained by homeowners association.
2.2
Approve 50' R-O-W & 40" flowline, landscaped medians at entry. Private streets, landscaping
on interior streets, park and other common areas shall be maintained by homeowners
association.
2.3
Approve sidewalk width reduction from five feet to four for private streets. Four foot width
measurement of sidewalk shall not include curb and that a 4' minimum clear sidewalk width is
maintained around any obstructions.
2.4
Reduction of the front yard setback from 25 feet to 20 feet is approved. Subdivider/developer
shall provide a minimum 20-foot long setback (measured from right-of-way line shown on the
tentative subdivision map) and roil up garage doors for each residential lot. All other yard and
dwelling unit setbacks shall comply with the City's Zoning Ordinance. (Examples: side and
rear yard setbacks, and the dwelling unit setback from agriculture zoned property.)
With a 20-foot setback and regular garage doors, residents cannot pull all the way up to the
garage door because the door must swing out to open. This results in cars hanging into and
blocking the sidewalk. People then walk in the street, which would, in this instance, allow
curb parking. This is a health and safety concern for staff because it encourages people to
walk in the travel lanes. With a roll-up door the residents can pull up closer to the door,
therefore making room for pedestrians to use the sidewalk.
3. The requests for modification to reduce the lot depth and dwelling unit setback for lots adjacent
A (Agriculture) zoned property conditionally approved.
4. Perimeter wall color shall match the wall design and color of Tract 6140.
The design submitted with the development plan review for ZC03-0343 depicts the same design as
Tract 6140, but did not include a wall color. The wall color for Tract 6140 is grey.
5. A six-foot (minimum) high masonry wall shall be constructed along the common property lines of the
public park and any residential lot. Wail height shall be measured from the highest adjacent grade.
Necessary for orderly development.
S:iTRACTSi6232ADHIPUDIDev Plan Exhl. DOC
November 17, 2003
ORIGINAL
Exhibit "1"
Dev Plan ZC 03-0343
Page 2 of 4
MITIGATION MEASURES:
6. 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.
Mitigation measure as recommended by Cultural Resources Assessment was prepared for the
project site by Three Girls and a Shovel (March 2003)
Mitigation Measures for Construction Equipment Exhaust:
(From "Air Quality Impact Study"by WZI. (May 2003).)
The following mitigation measures should 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 ail 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 periods of high ambient pollutant concentrations; this may
include ceasing of construction activity during the peak-hour of vehicular traffic on
adjacent roadways.
Mitigation Measures for Fugitive Dust Emission
(From ''Air Quality Impact Study" by WZl. (May 2003).)
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.
Jeng I S:[TRACTS~62.32ADH~PUDIDev Plan Exh 1.DOC
November 17, 2003
ORIGINAL
Exhibit "1"
Dev. Plan ZC 02-0291
Page 3 of 4
· 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.
· 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.
Mitigation Measures for Mobile Source Emissions:
(From "Air Quality Impact Study" by WZL (May 2003).)
Transportation control measures and design features can be incorporated into the project to
reduce emissions from mobile sources. The below-listed control measure provides a strategy to
reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling and traffic congestion for
the purpose of reducing motor vehicle emissions. These features were incorporated into the
emission estimates for the project and are therefore required in order to achieve the emission
level presented above:
· Incorporate sidewalks throughout the project, with adequate safety signage and
appropriate lighting. Connect sidewalks to any open space or recreational areas and to
nearby transit loading areas and/or shelters.
· Provide pedestrian and bicycle facilities, including street trees to shade the waikways
and/or Bikeways, and adequate bicycle parking.
· Select deciduous trees and locate them on southern and/or western exposures to shade
structures in summer and allow sun in winter.
· Install electrical outlets and/or natural gas lines in backyard or patio areas to encourage
electric landscaping equipment use and natural gas barbecues.
Jeng II S:~ TRACTSi6232ADHIPUDtDev Plan Exh 1,DOC
November 17, 2~03
ORIGINAL
Exhibit "1"
Dev Plan ZC 03-0343
Page 4 of 4
Improve streets and traffic signals for intersections and street segments, which may
impact the surrounding local roadway system due to traffic, generated by the proposed
developments. Specific mitigation measures for improving the level of service on
congested roadways are presented in the Limited Traffic Study prepared by Pinnacle
Engineering.
10. Mitigation Measures for ROG:
(From "Air Quality Impact Study" by WZl. (May 2003).)
Prior to recordation of Phase 4, the subdivider shall select and implement one or a combination
of the following measures and/or programs to result in a reduction of ROG emissions of at least
0.90 tons per year.
10.1.
Prior to recordation of Phase 4, the subdivider shall fully construct a project or
projects approved by the City Public Works Department that will result in the
reduction of ROG emissions as described above. The improvements for said project
must be accepted by the Public Works Department prior to recordation of Phase 4.
The project selected shall be a project that is not otherwise funded or constructed
with Tract 6232. The subdivider is responsible for all costs to determine the emission
reductions associated with projects. This documentation shall be submitted to the
Planning Director and the Public Works Director prior to approval of a project. The
projects used for the reduction in emissions can include one or more of the following
types of projects:
a. Construction of a new, warranted signal.
b. Modification of an existing signalized intersection to add additional left turn storage
or dedicated right turn capability.
10.2.
Mitigation measures programs such as, but not limited to the following may also be
considered by the subdivider to achieve the same reduction in emissions as
described above.
a. Car crushing of older model cars.
b. Modification to stationary diesel engines, such as for agricultural use.
c. Modification of fleet vehicles and/or other mobile sources.
If one or more of these programs is selected by the subdivider, proof of compliance
with these measures must be provided to the satisfaction of the Planning Director prior
to recordation of Phase 4. Proof of compliance may include documentation of the
number, type and year of cars crushed; location and type of engines modified, photo
documentation and quantification of emission reduction by Air Pollution Control District
or air quality consultant.
Jeng ~ S.'iTRACTSi6232.ADHIPUDIDev Plan Exh I.DOC
November 17, 2003
ORIGINAL
, ! ', Iii
~j
S~RENA S]REET