HomeMy WebLinkAboutRES NO 011-04RESOLUTION NO..
RESOLUTION MODIFYING THE DECISION OF THE
PLANNING COMMISSION, ADOPTING THE NEGATIVE
DECLARATION, DENYING THE APPEAL AND APPROVING
VESTING TENTATIVE TRACT 6036 LOCATED AT THE
NORTHEAST CORNER OF PALM AVENUE AND JENKINS
ROAD.
WHEREAS, at the regularly scheduled meeting of November 20, 2003, the Planning
Commission conditionally approved Tentative Tract 6036, submitted by SmithTech, U.S.A.,
representing Don Judkins; 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 filed a written appeal to
Vesting Tentative Tract 6036; 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 ~rovided in Title Sixteen of the
Bakersfield Municipal Code; and
WHEREAS, testimony was heard during the public hearing; and
WHEREAS, proposed Vesting Tentative Tract 6036 is located at the northeast corner
of Jenkins Road and Palm Avenue, as shown on location map attached as Exhibit "B;" and
WHEREAS, proposed Vesting Tentative Tract 6036 consists of 69 lots for purposes
of single family development on 30.46 acres zoned E (Estate); 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 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 oiven. 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.
o
10.
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 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, toaether with the Provisions for its desian and improvement,
is consistent with the General Plan. (Subdivision Mac 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 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 riaht owners' signatures may be waived on the final mad pursuant to BMC
16.20.060 B.3. The subdivider intends to reserve a drill site as defined in Section
15.66.080 C. within the subdivision.
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 an arterial street
and the double frontage lots are deemed reasonable due to traffic, safety, appearance
and setbacks.
Block walls along the side yards of lots located adjacent to Jenkins Road are necessary
for orderly development.
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 6036 is hereby approved, subject to the mitigation
measures and conditions of approval shown in attached Exhibit "A."
......... O00 ........
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, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
JAN 1 4 2004
APPROVED
Mayor of the City of ~ersfield
APPROVED as to foFr~
VIRGINIA GENNARO
City Attorney ~
Exhibits '//A Coh~litions of Approval B. Location Map
C. Tentative Tract Map
PAMELA A. McCARTHy, CMC//
CITY CLERK and Ex Officio Cle~ of the
Council of the City of Bakersfield
EXHIBIT "A"
VESTING TENTATIVE TRACT MAP 6036
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. Jenkins Road shall be constructed in no more than two segments.
2. Except for that portion of the drill site northerly of the westerly extension of the north line of Lot 14, provide a
waiver of direct access rights from all abutting lots to Jenkins Road and to Palm Avenue.
3. Curbs & gutters and sidewalk adjacent to the drill site shall be designed and constructed so the equipment
associated with drilling and maintenance will not damage the street improvements.
4. Construct Lamond Court across the drill island and connect to Jenkins Road.
5. 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 far 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
Prior to recordation of a Final Map,
6.1. process to completion the abandonment of the 1 foot non-access strip in Palm Ranch Street as shown on
Tract 5279.
6.2. construction plans for Palm Ranch Street and for Jenkins Road, designed to City standards, shall be
reviewed and approved by the County. An approved, signed set shall be submitted to the City Engineer.
7. An encroachment permit from the County will be required for construction on Palm Ranch Street and on Jenkins
Road.
8. Ensure the corporate boundary on Jenkins Road is depicted properly on the map and on improvement plans.
Prior to recordation of each Final Map, the subdivider shall
9.1. 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.
9.2. provide easements for required facilities not within the border of the phase being recorded.
9.3. ensure that each cable television company provides notice to the City Engineer of its intention to occupy
the utility trench.
10. Palm Ranch Street is outside the corporate limits and is and will be maintained by the County of Kern. The
treatment for the area between the back of sidewalk and the retention basin fence on Palm Ranch Street shall
be in accordance with City standards. Dedicate additional area as directed so there will be 7' wide landscape
area between the back of sidewalk and the retention basin fence. The City will maintain that area under
necessary permit from the County.
11. Two hundred watt street lights shall be installed on the collector streets, and one hundred watt street lights shall
be installed on the local streets.
12. On and off site road improvements are required from any collector or arterial street to provide left turn
OR!GtN,A~
Exhibit "1"
VTM 6036
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.
13. 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.
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.
WATER RESOURCES
15. Prior to construction of in-tract water facilities, plans and specifications shall be approved by the City Water
Resources staff.
16. 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
17. 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.
18. 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.
19. 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.
S: Tracts16036tExh I (prepared by LP)
ORIC.'.,!NAL
Exhibit "1"
VTM 6036
page 3
Recommendation contained in archaeological study provided by Three Girls and a Shove/ dated August, 2003.
20. 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.
21. With the exception of the drill site, the subdivider shall construct 6 foot tall block wall along the side yards of lots
located adjacent to Jenkins Road. Such walls shall be constructed in accordance with Planning Commission
Resolution 58-92.
For orderly development.
22. The subdivider shall construct 6 foot tail chain link fencing (with slats) along Jenkins Road at the drill site and 8
foot wide landscaping in accordance with City standards. Subdivider shall construct a 6 foot tall chain link fence
(with slats) along the north boundary of the drill site.
For orderly development.
23. 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 0.54 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'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.
24. Lot 14 of Phase 3 may be realigned (up to 40 feet to the west) subject to the approval of the Planning Director.
Condition added by the Planning Commission at the request of the applicant. Planning Director approval is
required to ensure that required setbacks from the drill is/and can be maintained.
Mitigation Measures:
Air Qualit~ Study (WZl, Inc. August 2003)
25. 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.
S: Tracts16036~Exh I (prepared by LP)
Exhibit "1"
VTM 6036
page 4
· 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.
26. 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 stabilizedsuppressant.
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & ifil, 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 Distdct 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).
S: Tractsi60361Exh l (prepared by LP)
Exhibit "1"
VTM 6036
page 5
· 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.
S: Tracts160361Exh 1 (prepared by LP)
REBFRO ~-~
A~LEN ROAB
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