HomeMy WebLinkAboutRES NO 010-04RESOLUTION NO. 0 J 0 ' 0 Z[
RESOLUTION MODIFYING THE DECISION OF THE
PLANNING COMMISSION, ADOPTING THE NEGATIVE
DECLARATION, DENYING THE APPEAL AND APPROVING
VESTING TENTATIVE TRACT 6230 LOCATED SOUTH OF
ROSEDALE HIGHWAY, BETWEEN JENKINS ROAD AND
ALLEN ROAD.
WHEREAS, at the regularly scheduled meeting of November 20, 2003, the Planning
Commission conditionally approved Tentative Tract 6230, submitted by SmithTech, U.S.A.; and
WHEREAS, in accordance with the procedure set forth in the provisions of Title 16 of
the Municipal Code of the City of Bakersfield, Harry and Shirley Rowles and Gary and Judy Denny
filed a written appeal to Vesting Tentative Tract 6230; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as Wednesday, January 14, 2004, 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 Tract 6230 is located south of Rosedale
Highway, between Jenkins Road and Allen Road, as shown on location map attached as Exhibit "B;"
and
WHEREAS, proposed Vesting Tentative Tract 6230 consists of 105 lots for purposes
of single family residential development and 16 lots for purposes of multi-family residential
development on 36.46 acres zoned E (Estate) and R-2 (Limited Multiple Family Dwelling); 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, 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
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
WHEREAS, recommended mitigation measures reduce impacts to air quality and noise
to less than significant levels; and
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 aiven. Hearing notices regarding the propose.d
project were mailed to property owner~ within 300 feet of the project area and pu~he~
10.
11.
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 proiect is the aporooriate 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 noise 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 improvement.
is consistent with the General Plan. (Subdivision Map 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.
M nera riqht owners' signatures may be waived on the final map pursuant to BMC
16.20.060 B.4. The subdivider has presented competent technical evidence indicating
that drilling is improbable.
The conditions of approval are necessary for orderly development, and the public
health, welfare and safety.
The request for approval of double frontage lots is approved in accordance with BMC
Section 16.28.170 L because the double frontage lots proposed abut a public highway
and the double frontage lots are deemed reasonable due to traffic, safety, appearance
and setbacks.
A temporary easement to provide for construction of block walls along the rear of lots
located adjacent to the future commercial development is necessary for orderly
development.
Additional access streets to Jenkins Road along the west side of the subdivision are
necessary for public health and safety.
OR G
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 is upheld, subject to mitigation
measures and conditions of approval shown in attached Exhibit "A."
4. The appeal is denied.
5. Vesting Tentative Tract 6230 is hereby approved, subject to the mitigation
measures and conditions of approval shown in attached Exhibit "A."
......... o0o ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on January 14, 2004, by the following
vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULL[VAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER
COUNCILMEMBER
klAN 1 4 2004
APPROVED
PAMELA A. McCARTHY, CM~.,/
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to for~'
VIRGINIA G EN NAR/O
City Attorney /
Exhibits: ~'/A. Conditions of Approval B. Location Map
C. Tentative Tract Map
PUBLIC WORKS
EXHIBIT "1"
VESTING TENTATIVE TRACT MAP 6230
CONDITIONS OF APPROVAL
1. The tentative map shows several easements being subdivided. If it is proposed to abandon those public
easements in accordance with Map Act Section 66499.20.~, then they shall be conspicuously shown on the
tentative map with the proper notification. The final map shall then reflect the abandonment per the Map Act
requirements.
2. Easements other than public easements cannot be abandoned through recordation of the final map. They
must be quitclaimed prior to recordation of the phase within which they are located.
3. Extend Lemond Court and Nerissa Court full width to the west tract boundaries
4. Provide a waiver of direct access rights from all abutting lots to State Route 58 and to Froehlich Street from Lot
16 in Unit 3 and to the additional street from lot 9 in unit 3.
Prior to recordation of the first final map,
5.1. deed to Caltrans right of way on State Route 58 for a standard arterial, including additional area for a right
turn lane into Froehlich Street.
5.2. the existing structures shall be removed.
5.3. the non-access strips in Palm Ranch Street, per Tract 5279 Unit B, shall be vacated.
5.4. Re-align Lamond Court Drive to connect to the northern portion of the future drill island on tract 6036.
The phasing map as submitted is to be balanced with respect to the required improvements along the tract
frontage. Therefore, in order to promote orderly development, each phase shall be responsible for an equal
dollar amount of frontage improvement.
7. With the first phase,
7.1. Pave Palm Ranch Road full width, to the edge of the future gutter lip on the west side to Palm Ranch
Prior to recordation of the first final map, provide an engineer's estimate for the tract frontage and off-site
improvements, breaking the costs down to a per lot basis. Then, 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. 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
To promote the health and safety of the traveling public and as a perquisite to orderly development, with the
construction of State Route 58 adjacent to the subdivision, improve State Route 58 from the east tract boundary
easterly to tie into the existing improvements on the west boundary of the shopping center.
10. State Route 58 and Froehlich Street shall be fully improved with Unit 2, except that the required wall and
landscaping along State Route 58 may be installed with Unit 3 improvements and sidewalk on the east side of
Froehlich Street may be installed with development or division of that parcel.
11. In accordance with Caltrans standards and specifications, the following requirements shall be incorporated into
approval of this subdivision for State Route 58 improvements:
11.1.construct curb, gutter, sidewalk, and street paving along State Route 58, including the right turn
lane at Froehlich Street.
11.2.an encroachment permit, issued in accordance with Streets and Highways Code Section 671.5,
shall be obtained from Caltrans for all for placement of encroachments within, under, or over State right of
way.
11.3.activity and work planned within State right of way shall be performed to State standards and
specifications at no cost to the State. -~.
Exhibit "1"
VTM 6230
page 2
11.4. engineered plans, calculations, specifications, and reports for activity and work in the State right of
way shall be submitted using Metric units, except as otherwise approved by Caltrans.
12. Unless otherwise approved by Caltrans, left turns from Froehlich Street onto State Route 58 will not be allowed
unless a traffic signal is constructed. To ensure the turn restriction, construct a full width median island on State
Route 58 at the intersection of Froehlich Street. If approved by Caltrans, the median may be constructed to
permit westbound left turns into Froehlich Street.
13. Prior to recordation of each Final Map, the subdivider shall
13.1.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.
13.2.provide easements for required facilities not within the border of the phase being recorded.
13.3.ensure that each cable television company provides notice to the City Engineer of its intention to
occupy the utility trench.
14. Two hundred watt street lights shall be installed on the arterial (State Route 58) street, and one hundred watt
street lights shall be installed on local streets.
15. On and off site road 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.
16. Final map check fees shall be submitted with the first map check submission for each phased final map.
17. The subdivider shall pay his proportionate share of the cost for the future construction of the landscaped median
in State Route 58.
18. All lots with water well facilities that front arterial streets will have wall and landscaping to arterial street
standards, and those that front oca streets will have a slatted cha'n Ink fence 25 back of sidewalk with
landscaping as approved by the Public Works and Parks Directors.
19. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy
adopted by letter dated January 22, 1997.
20. 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.
21. 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
22. Prior to construction of in-tract water facilities, plans and specifications shall be approved by the City Water
Resources staff.
S: Tracts162301Exh I (prepared by LP)
Exhibit "1"
VTM 6230
page 3
23. 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
24. 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.
25. 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.
26. 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 provided by Three Girls and a Shovel dated August, 2003.
27. The subdivision shall be developed in no more than 3 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 permit tracking system, phases must be identified numerically.
28. A temporary easement shall be depicted on the final map and recorded along the rear property of those
residential lots located adjacent to the future commercial site to provide future access for removal of any
existing fence and its replacement by the commercial developer with a block wall at such time as the
commercial development takes place. The easement shall be five (5) feet in width. Upon construction of the
wall, said temporary easement for wall construction purposes shall be permanently abandoned and cease to be
in effect.
BMC Section 16.28.170 K allows Planning Commission to require waft based on a finding that the easement is
necessary for orderly development.
RECREATION AND PARKS
S: Tracts162301Exh I (prepared by LP)
Exhibit "1"
VTM 6230
page 4
29. Prior to recordation of a final map, subdivider shall install landscaping and wall along the south side of Rosedale
Highway (State Route 58) along the rear yards of the multi-family zoned lots. All wall and landscaping shall be
maintained by property owners and/or a homeowners association
30. 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 1.23 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 ifa 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 and the recommendations of the North
Bakersfield Parks and Recreation District.
Mitiqation Measures:
Air Quality Study (WZI, Inc. September 2003)
31. Mitigation Measures for Construction Equipment Exhaust
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 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 periods of high ambient pollutant concentrations; this may include ceasing of
construction activity during the peak-hour of vehicular traffic on adjacent roadways.
32. Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive
PM10 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.
S: Trac~s162301Exh1 (prepared by LP)
Exhibit "1"
VTM 6230
page 5
· 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)
· 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 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.
Noise Study: (Brown Bunitin and Associates. September 20031
33. The subdivider shall construct 6 foot tall block wall along the rear yards of lots located adjacent to Rosedale
Highway (State Highway 58). Such walls shall be constructed in accordance with Planning Commission
Resolution 58-92.
In accordance with the Noise Study prepared by Brown-Buntin and Associates, dated September 2003 and for
order/y deve/opment
S: Tracts16230tExh1 (prepared by LP)
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