HomeMy WebLinkAboutRES NO 024-04RESOLUTION NO. 0 2 4 '- 0 4
RESOLUTION DENYING THE APPEAL, UPHOLDING
THE DECISION OF THE PLANNING COMMISSION,
ADOPTING THE NEGATIVE DECLARATION AND
APPROVING VESTING TENTATIVE TRACT MAP 6193
LOCATED STATE ROUTE184 (KERN CANYON ROAD)
AND MESA MARIN DRIVE.
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 approval relative to Vesting Tentative Tract Map 6193 during the Commission's
regular meeting of November 20, 2003; and
WHEREAS, the Sierra Club, the appellant, filed a written appeal objecting to the
Planning Commission's approval of Tract 6193 and requesting an Environmental ImpaCt Report
(EIR) be prepared because it is the Sierra Club's opinion that cumulative impacts to air quality,
biological resources (Blunt Nose Leopard Lizard) and traffic are significant, and have not been
adequately addressed; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as Wednesday, January 28, 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 6193 is located on the southeast corner of State
Route184 (Kern Canyon Road) and Mesa Matin Drive; being a portion of the northeast quarter of Section
20, T29S, R29E, MDBM, as shown on location map attached as Exhibit "B;" and
WHEREAS, proposed Vesting Tentative 6193 consists 139 lots on 42.10 acres for
purposes of single family development, zoned R-1 (One Family Dwelling) including a requests for alternate lot
design, and to waive mineral rights signatures pursuant to BMC 16.20.060 B.2; 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 minimum 30-day review, which commenced on September 25, 2003 and
concluded on October 23, 2003 (SCH # 2003091125), 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
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, recommended mitigation measures reduce impacts to cultural and
biological resources, 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 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 proiect is the appropriate environmental
document to accompany prelect approval. In accordance with CEQA, staff prepared an
initial study for the proposed project and indicated that because mitigation measures
relating to cultural and biological resources, 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 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 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.2. 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.2., the party's interest is less than twenty percent of the mineral
interest estate and the signature or express waiver of right of surface entry by recorded
document of one or more parties having a combined interest of more that fifty percent of the
mineral interest estate has been obtained.
ORIGINAL
The conditions of approval are necessary for orderly development, and the public health,
welfare and safety.
In accordance with BMC 16.28.170 H, and for public health, welfare and safety, State
Route 184, Chase Avenue and Mesa Marin Drive functions as a major street as shown on
the tentative map, therefore the abutting double frontage lots abutting are reasonable
due to controlling factors as traffic, safety, appearance and setback, and are approved
with construction of a masonry wall separating the residential lot and the major street.
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 Map 6193 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 was pas_s~l:l~adopted by the Council of
the City of Bakersfield at a regular meeting thereof held on J~,~ ~ , by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH. CARSON. BENHAM. MAGGARD. HANSON. SULLIVAN. SALVAGGIO
COUNClLMEMBER
COUNCLMEMBER.
COUNCILMEMBER
PAMELA A. McCARTHY, CMC_~/'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JAN 2 8 2004
HARVEY L. HALL
Mayor of the City of Bakersfield
ORIGINAL
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~/~/,~'
Exhibits:
A. Conditions of Approval
B. Location Map
C. Tentative Tract Map
jeng I ~ S:ITRACTSIOOOIIcclre$.DOC
December 31, 2003
ORIGINAL
EXHIBIT "A"
VESTING TENTATIVE TRACT 6193
CONDITIONS OF APPROVAL
PUBLIC WORKS
In a letter dated October 28, 2003, the applicant requested deviations from the following
ordinance, standard and policy requirements:
1.1. BMC 16.28.090 & SDM 3.4.1.1 - Request - modification to allow less than standard
centerline radii.
Recommendation - DENY the request, require 500' radii on all streets except Tumoyo Court.
The tentative map shows easements dedicated to the City being subdivided. Prior to recording
a final map in which the City easements are located, existing facilities shall be relocated and
alternate easements provided. Then, the City easements can be abandoned in accordance with
Map Act Section 66499.20.¼.
The following Caltrans requirements shall be incorporated into approval of this subdivision:
3.1. construct curb, gutter, sidewalk, and street paving along State Route 184.
3.2. 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.
3.3. activity and work planned within State right of way shall be performed to State standards and
specifications at no cost to the State.
3.4. 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.
4. Dedicate to Caltrans right of way on State Route 184 for a standard arterial, including additional
area for a right turn lane into Mesa Matin Drive.
5. Construct the right turn lane on State Route 184 at Mesa Marin Drive.
Unless a traffic signal is constructed, left turns from Mesa Marin Drive onto State Route 184 will
not be allowed. To ensure the turn restriction, construct a full width median island on State Route
184 at the intersection of Mesa Marin Drive to permit southbound left turns onto Mesa Marin Drive
and northbound left turns into Mesa Marin Raceway.
Unless Caltrans requires the full frontage of State Route 184 be constructed in one segment,
then it shall be constructed in no more than two segments, including masonry wall and
landscaping, as follows:
7.1. With Phase 1, construct State Route 184 from the west tract boundary to the east line of
Phase 3 boundary. Include the Breckenridge Planned Drainage Area lines and facilitates.
7.2. With Phase 5, construct State Route 184 from the east line of phase 2 boundary to the east
tract boundary. Include the right turn lane, median island to restrict turning movements and
the Breckenridge Planned Drainage Area lines and facilitates. Walls and landscaping are not
needed around the entire perimeter unless Alternate "A" is recorded.
Jeng // S:tTRACTSI61931cctExhA con. DOC
December 31, 2003
ORIGINAL
Exhibit "A"
VTM 6193
Page 2 of 2
8. Provide a waiver of direct access rights from all abutting lots to State Route 184 and to Chase
Avenue, and to Mesa Marin Drive from Lot 1 in Alternate Phase 5, to Bekiu Street from Lots 7 & 8
in Phase 1, and to Wogitiu Street from Lots 19 & 20 in Phase 1.
9. Prior to recordation, all facilities within the boundaries of this subdivision identified by the
approved Breckenridge Planned Drainage Area shall be constructed in accordance with the plans
approved by the City Engineer, and all easements required shall be provided.
10. Ordinance 3595 approving Zone Change 5546 has several requirements relating to grading and
construction. All grading and improvement plans shall incorporate those requirements.
11. Because of the existing record parcel lines, prior to submittal of the first final map, submit a
phasing map to ensure that multiple remainders are not created with filing of each final map.
12. The phasing map as submitted is to be balanced with respect to the required improvements along
the tract frontages, State Route 184, Chase Avenue, and Mesa Marin Drive. Therefore, in order
to promote orderly development, each phase shall be responsible for an equal dollar amount of
frontage improvement.
13. Prior to recordation of a final map, provide an engineer's estimate for those tract frontage
improvements and 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
14. Provide a drainage plan for the entire subdivision, showing conformance with the Breckenridge
PDA. The plan shall be reviewed and approved by the City Engineer Prior to submittal of any
improvement plans or maps.
15. Mesa Marin Drive shall be improved to its full width from Chase Avenue to the north boundary of
phase 4 with the first phase constructed adjacent Mesa Marin Drive. The remainder of Mesa
Marin Drive shall be improved to its full width with phase 5. Sidewalks on Mesa Marin Drive may
be constructed with each phase's frontage.
16. With recordation of the final map for Phase 2 as shown on the map, and provided Tentative Tract
5989 has not recorded, Chase Avenue east of Mesa Marin Drive shall be fully improved to
collector standards as part of the Phase 2 improvements.
17. Prior to recordation of each Final Map, the subdivider shall
17.1. either pay off the assessments for Assessment District 93-1, or he shall request
apportionment of the assessments from the old parcels to the new and pay all appropriate
apportionment fees.
17.2.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.
17.3.provide easements for required facilities not within the border of the phase being recorded.
Jeng S:ITRACTSI61931cc~ExhA con. DOC
December 31, 2003
ORIGINAL
Exhibit "A"
VTM 6193
Page 3 of 3
17.4.ensure that each cable television company provides notice to the City Engineer of its
intention to occupy the utility trench.
18. Prior to recordation of a final map, the subdivider shall pay his proportionate share of the cost for
the future construction of the median island in State Route 184. Payment shall be for the full
width of the land being subdivided. The total cost may be apportioned between the phases and
paid prior to recordation of each phase. That portion of full width median constructed to restrict
turning movements will be credited against the required fee.
19. Two hundred watt street lights shall be installed on arterial or collector streets, including State
Route 184, and one hundred watt street lights shall be installed on local streets.
20. 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.
21. Final map check fees shall be submitted with the first final map check submission for each phase.
22. 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.
23. 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.
PARKS DEPARTMENT
24. Subdivider shall construct a 6-foot high masonry wall and provide 4.5 feet of landscaping along
Mesa Marin Drive. City to maintain said 4.5 foot wide landscaping adjacent side and rear yards
abutting Mesa Marin Drive as shown in Alternate Layout "A," and landscape area abutting rear
yards of Lots 13-25 of Phase 1. Plans and plant materials to be approved by the Parks
Department prior to recordation of each respective phase.
For public health, welfare and safety and in accordance with BMC Section 16.28. 170 H (double
frontage lots). (Note: Wall and landscaping to City standard along State Route 184 and Chase
Avenue required by ordinance. No separate condition needed for these streets.)
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. 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.
Jeng S:iTRACTSI61931~clExhA con. DOC
December 31, 2003
0RIGINAL
Exhibit "A"
VTM 6193
Page 4 of 4
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.
PLANNING
26. 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.
27. 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.
28. The subdivision shall be developed in no more than 5 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.
29. 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.
Required to for orderly development and provide for the public health, welfare and safety by ensuring
water service to the subdivision at the time of final map recordation because the water purveyor has
included an expiration date in the initial '~vill serve" letter.
Jeng S:~TRACTS~6193~ctExhA con. DOC
December 31, 2003
ORIGINAL
Exhibit "A"
VTM 6193
Page 5 of 5
30. Prior to recordation of the final map, the subdivider shall provide written confirmation from the
Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR) to the
Planning Director stating that all oil wells are accurately depicted on the proposed final map (map
to be attached to letter) and have been leak tested and abandoned to the satisfaction of DOGGR.
Police power based on public health, welfare and safety.
31. Prior to recordation, the subdivider shall provide written confirmation from the Department of
Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR) to the Planning
Director stating that all oil wells are accurately depicted on the proposed final map (map to be
attached to letter) and have been leak tested and abandoned to the satisfaction of DOGGR.
Police power based on public health, welfare and safety.
32. Prior to recordation of each phase, subdivider shall waive direct access onto Mesa Marin Drive
from abutting residential lots.
For public health, welfare and safety and in accordance with BMC Section 16.28.170 H (double
frontage lots).
Cultural Resources Mitigation Measure
33. 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 Adele Baldwin, California Historical Resources Information
System (CSUB), letter dated May 6, 2003.
Noise Mitigation Measure.
34. Phase 5 of Tract 6193 shall not be subdivided for further single family residential unless evidence
is submitted to the City of Bakersfield which documents noise levels have been reduced to less
than significant levels for this project site. If noise levels are reduced below significant levels,
Alternate Layout "A" depicts how Phase 5 may be recorded and developed upon the Planning
Director's determination of substantial conformance.
35. Prior to recordation of a final map, subdivider shall construct a minimum 6-foot high masonry wall
along State Route 184 (aka Kern Canyon Road). Wall shall be measured from side of highest
grade. (Subdivider shall provide landscaping to City standard along SR 184 and be required to
obtain permits from Caltrans.)
Condition # 36 added by the Planning Commission on November 20, 2003.
36. Wall and landscaping requirements for this subdivision may be phased. Walls and landscaping
for Phase 5 alternate layout "A" shall be installed prior to recordation of that alternate.
Jeng S:ITRACTSI6193tcctExhA con. DOC
December 31, 2003
ORIGINAL
C)
Iii
UJ
il
s /