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HomeMy WebLinkAboutRES NO 40-94RESOLUTION NO. 4 0 - 9 4 RESOLUTION ON THE APPEAL OF FRED ALBA OF THE DEWALT CORP. OVERTURNING THE DECISION OF THE PLANNING COMMISSION, APPROVING PARCEL MAP 10054 AND REMOVING CONDITION NO. 20. WHEREAS, Tentative Parcel Map 10054 is generally located on the northwest corner of Coffee Road and Olive Drive, as shown on attached Exhibit "C"; and WHEREAS, Tentative Parcel Map 10054 consists of ten (10) parcels on 14.69 gross acres for commercial shopping center purposes and is zoned C-1 (Neighborhood Commercial); and WHEREAS, the Planning Commission held a public hearing on January 20, 1994, for Tentative Parcel Map 10054; and WHEREAS, the Planning Commission approved Tentative Parcel Map 10054; and WHEREAS, in accordance with Bakersfield Municipal Code Chapter 13.04, "Maintenance Districts," the Planning Commission adopted Public Works Department condition Number 20 (Exhibit "A"), which requires the subdivider to pay costs to form a maintenance district over the parcel map area to pay for annual operation and maintenance costs of developer-proposed signals at drive entrances located at Coffee Road and Jayne Avenue, and Olive Drive and Seaward Drive; and WHEREAS, within the time permitted by law, FRED ALBA of THE DEWALT CORP. filed an appeal in writing with the City Council from the decision of the Planning Commission; and WHEREAS, the applicant does not agree with Public Works Depmtment condition Number 20, which requires formation of a maintenance district for said traffic signals; and WHEREAS, a noticed public hearing was set and held before the Council on March 23, 1994; and WHEREAS, all testimony and relevant evidence was duly considered; and WHEREAS, a Negative Declaration was previously approved on May 22, 1991 with Zone Change No. 5094. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above-stated recitals, incorporated herein, are true and correct. 2. The Planning Commission is hereby overturned in its requirement of Public Works Condition 20 of Exhibit "A" which is hereby removed, Tentative Parcel Map 10054 with conditions and findings herein attached as Exhibits "A" and "B" is otherwise approved. .......... O00 ......... HEREBY CERTIFY that the foregoing Resolution was passed and ~ $ ~ , by the following vote: AYES: COUNCILMEMBERS, McDERMOTT, .'C-IRIRI~ ll~l~, SkgTH, I~I, JNNI ROWI.ES, SALVAGGIO ABSTAIN: OOUNCILMEMBER~ ~, ABSENT: COUNCILMEMBER8 Assistant CITY CLERK and Ex the Council of the City of Bakersfield APPROVED ~ ~ $ ~ BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN ACTING CITY ATTORNEY of the City of Bakersfield BY: · LAUR~ MARINO, ASSISTANT CITY ATTORNEY JE:pjt March 18, 1994 res~r10054 EXHIBIT "A" Tentative Parcel Map 10054 Page 1 PUBLIC WORKS 2 3 4 6 7 8 9 A grading plan and a plan for the disposal of drainage waters originating on site and from adjacent road rights-of-way shall be submitted by the subdivider and approved by the City Engineer prior to review of improvement plans. This plan should conform to the approved drainage study performed for Riverlakes Ranch. The grading plan shall ensure that upon development, if approaches and cross gutters are permitted, then standard street slopes will be maintained. Municipal sewer service shall be provided to each parcel in the subdivision. Prior to recordation of a Final Map, 4.1 the subdivider shall make a written request for apportionment, sign all documents relating thereto, and pay all appropriate fees for the apportionment of the assessments of Assessment District 86-2 from the old parcels to the new. 4.2 the subdivider shall pay, in accordance with Resolution No. 116-93, all costs for establishing a new maintenance district or inclusion of the subdivision into an existing maintenance district. Upon issuance of a building permit, fees (all based upon the charges or rates in effect at the time of issuance of the building permit) shall be paid to the City for the following: 5.1 sewer connection fee; 5.2 in accordance with the Rancho Laborde Development Agreement No. 86-54 & Riverlakes Ranch/Unibell Agreement 90-17, 5.2.1 $200 per equivalent dwelling unit sewer trunk fee; 5.2.2 $500 per gross acre Fire Suppression Fee; 5.3 Riverlakes Ranch Planned Drainage Area fee. Above-ground utility cabinets or facilities may not be installed within the road right-of-way without approval by the City Engineer. The Subdivider is required to install 9,500 lumen high pressure sodium vapor street lights on both Coffee Road and on Olive Drive. Street light installation shall be foundation mounted steel poles with 28' mounting height and 6' mast arms and shall include but not necessarily be limited to furnishing and installing all street light poles, conduits, wires, luminaires, and splice boxes. Numbers and locations of required lights will be determined after any required design revisions have been made to the tentative map. To avoid possible conflicts at the installation stage, the subdivider shall consult with the utility companies to ensure there is sufficient clearance between the street light foundations and all utility lines, whether underground or overhead. March 18, 1994 EXHIBIT "A" Tentative Parcel Map 10054 Page 2 10 11 12 13 14 15 16 17 18 If electrical service points for street lights aren't available to be shown on street improvement plans, then they shall be shown on utility composite plans to be filed with the City Engineer prior to acceptance of improvements. The subdivider shall ensure the utility understands conduit for street light electrical services shall be kept within the street rights-of-way, unless prior approval is obtained from the City Engineer. Water, gas, electrical, telephone, and Cable TV services shall be provided for each parcel in accordance with Title 16 of the Municipal Code. Easements to be dedicated to the City for utility, sewer, storm drain, electrical, or other purposes shall not cross private property (extend through, across, or between lots) without the prior approval of the City Engineer. Prior to recordation of the Parcel Map, additional dedication for street right of way (for the full frontage of the parcel being dividied) and for landscaping purposes adjacent to the subdivision shall be provided. Type & location of centralized mail delivery units, the location to be approved by the City Engineer, shall be determined in consultation between the subdivider and the Postal Service. If the Postal Service requires special easements for placement of delivery units, then said special easements shall be shown on the Parcel Map. The subdivider shall provide notification of the subdivision to GET by certified mail with the request for proposed bus turnout locations to be indicated by GET with locations to be submitted to the City Engineer. Verification of the mailing will be provided to the City Engineer, and if no response is received from GET by the City within 30 days after notification, it will be assumed GET has no requirements for bus turnouts. The subdivider shall construct bus turnouts as required by Goldcn Empire 'Fransit through consultation with the subdivider and as approved by the City Engineer. Verification of GET's requirements, if any, shall be provided to the City Engineer prior to review of improvement plans. The subdivider shall construct the following improvements within the parcel map boundaries (including any area fronting Olive Drive dedicated for use as a drainage basin): standard curb & gutter, street paving, minimum 5.5' wide sidewalk, median modifications, landscaping and irrigation of the parkway adjacent to the drainage basin site, wall construction adjacent to the drainage basin site, hardsoaping of the existing median island in Olive Drive, a landscaped and irrigated median island in Coffee Road, and other associated improvements. One additional southbound lane on Coffee Road from Norris Road to the north boundary of the Parcel Map shall bc constructed. Transitions at the ends of the full-width paved areas ak)ng the Parcel Map frontage shall be as approved by the City Engineer. Construction of these improvements may be deferred until development on, or subdivision of, any parcel in the subdivision at which time all required improvements shall be constructed. The improvements shall be guaranteed by the subdivider entering into an agreement and posting approved security with the City. March 18, 1994 EXHIBIT "A" Tentative Parcel Map 10054 Page 3 19 2O 21 22 23 24 25 26 27 28 Full access signalized intersections at Coffee Road and Jayne Avenue and at Olive Drive and Seaward Drive will only be allowed contingent upon approval of a signal synchronization study by the Traffic Engineer. If the study does not show that satisfactory traffic progression is maintained with these signal installations, then worms shall be installed at these locations. If either or both of the traffic signalc identified in 19. abov~ are approved, th~n the dov01opor shall pay all cone to form a maintenance distri~ over the Parcel Map area to pay for the annual operation and maintenance coctc of thos~ traffic signals. This distrivt shall b~ formed prior to approval of the traffic signal conaru~ion plane. One additional access will be allowed on Coffee Road and two additional accesses will be allowed along Olive Drive (to those identified in 19. above), These accesses shall be spaced in accordance with City standards and shall be located at the time of site plan review. One 2" diameter traffic signal interconnect conduit with conductor and pull boxes shall be installed along the Coffee Road and Olive Drive frontages of the Parcel Map (including any required drainage basin). The developer shall install "No Parking" signs along the Coffee Road and Olive Drive frontages of the Parcel Map. Improvement plans shall include a signing/striping/marking plan. Access to Coffee Road and to Olive Drive shall be limited and shall be constructed with 20' radius curb returns. Location and function, or operation, of access point(s) shall be approved by the City Engineer at the time of site plan review. Prior to review of improvement plans by the City, all concept approvals shall be obtained and the subdivider shall submit: 26.1 a preliminary soil report covering the entire subdivision, with R values, and engineering calculations to justify the structural sections proposed. 26.2 a preliminary engineer's estimate. 26.3 plan check and inspection fees based on the preliminary engineer's estimate. Concurrently with recordation of the Parcel Map, the following covenants shall be recorded by the property owner: 27.1 a covenant for each lot prohibiting the pumping and taking of groundwater from the property for any use off the property. 27.2 a covenant containing information with respect to the formation of, or addition of territory to a maintenance district for this subdivision. Said covenant shall also contain information pertaining to the maximum anticipated annual cost for the maintenance of landscaping associated with this subdivision. Prior to recordation of the Parcel Map, 28.1 the subdivider shall submit Property Owner's Association By-Laws and C. C. & R.'s to the City for review and approval for all non-dedicated, shared facilities, easements, etc. 28.2 all improvement plans, including those for any required median islands, landscaping, and irrigation, shall be approved by the City Engineer. t- ~'~ March 18, 1994 EXHIBIT "A" Tentative Parcel Map 10054 Page 4 29 3O 31 28.3 the subdivider shall submit all easements, properly executed, required for off-site sewer, storm drain, access, or street construction. 28.4 the subdivider shall ensure that each cable TV company provides notice to the City Engineer of its intention to occupy the utility trench. Prior to acceptance of the improvements by the City, 29.1 Certificates of Compliance from the manufacturers of products shall be submitted on all materials used in the project, including but not limited to manholes, frames and covers, pipe, poles, pull boxes, concrete. 29.2 all street lights shall be energized and fully operational, and all costs, including any start- up costs required by the utility company, shall be borne by the subdivider. 29.3 all required monuments shall be in place and notice shall be given in accordance with Section 66497 of the Subdivision Map Act. 29.4 monument elevation data shall be provided to the City Engineer as required by Section 16.32.100 B.1. of the Municipal Code. 29.5 Record Drawings of the required improvements, signed by a registered Civil Engineer, shall be provided to the City Engineer. 29.6 the utility composite plan shall be submitted to the City Engineer. 29.7 warranty security as required shall be posted. 29.8 "as-graded" plans, signed by a registered Civil Engineer, shall be provided to the City Engineer. Removal of obstructions and quitclaim or subordination of rights to the City by interest or easement holders shall be accomplished in accordance with Section 16.28.150 of the Municipal Code. No occupancy of any parcel will be permitted until all required improvements have been completed by the subdivider and accepted by the City. BUILDING DEPARTMENT Prior to the filing of the final map, the subdivider shall obtain approval of a preliminary soils report and grading plan. (BMC 16.44) Prior to the issuance of a building permit an approved final soils report will be required. (BMC 16.44) Prior to permitting occupancy of any lot all required improvements must be accepted by the City of Bakersfield. (BMC 16.16 and BMC 16.32) FIRE DEPARTMENT Based upon available information, fire flow requirement will be 3,500 gallons per minute. Water mains are to mcct I.S.O. and City requirements with dead end mains no less than 8 inches diameter in size. ~ ~ March 18, 1994 ORigINAL EXHIBIT "A" Tentative Parcel Map 10054 Page 5 Prior to issuance of a building permit, water mains and fire hydrants to be installed by developer shall be completed, tested and accepted (UFC 10.502, 10.503). All hydrants shall be kept in service and made accessible to the fire department apparatus by roadways meeting the requirements of Uniform Fire Code 10.204. All subdividers and all persons otherwise to purchase necessary nuts, bolts and gaskets, from the City of Bakersfield and install all hydrants no more than 6 inches from permanent line and grade and pay the total cost thereof. (BMC 16.32.060). All streets and access roads to and around any building under construction must be at least 20 feet in width and graded to prevent ponding at all times. Barricades must be placed where ditches and/or barriers exist in roadways. Emergency vehicle access must be reliable at all times. Prior to issuance of a building permit, secondary access must be provided. More than one fire apparatus road may be required when it is determined by the fire chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. (UFC 10.203) Fire hydrants will be designated at time of development. FIRE SAFETY CONTROL No habitable portion of a structure may be built within 50 ft. of a gas main, or transmission line. (UFC 2.102) No habitable portion of a structure may be built within 50 ft. of an interstate or intrastate hazardous liquids pipeline. (UFC 2.102) Prior to or concurrently with filing of a final map, a covenant shall be recorded on all lots of this tract, or portion thereof, which are within 250 feet of aforementioned pipeline. Covenant shall acknowledge proximity of pipeline easement to said property and describe the name, type and dimension of the pipeline. Prior to recordation, Subdivider shall submit and obtain approval of the covenant wording with the City Attorney, Fire Safety Control Division and City Engineer. (UFC 2.102) WATER DEPARTMENT Prior to filing a final map, easements for water utilities shall be determined, by the developer, through consultation with the City Water Resources staff. Prior to construction of in-tract water facilities, plans and specifications shall be approved by the City Water Resources staff. ORIgiNAL March 18, 1994 EXHIBIT "A" Tentative Parcel Map 10054 Page 6 Prior to filing a final Tract/Parcel Map, the developer/owner shall record a covenant for each lot in the subdivision prohibiting the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. The individual property owner is not restricted from using the groundwater under their land for use on their overlying subdivided land. Prior to final recordation of the tract/parcel map for the subdivision, water availability fees for water service facilities are due and payable. Fees are authorized by Bakersfield Municipal Code 14.04.120(B.) and set by the City of Bakersfield Water Board with concurrence of the Bakersfield City Council. As of this date (4/10/92), the fees are set at $2,000.00 per gross acre. City fees for inspection of installation of water facilities are currently (4/10/92) calculated at four (4%) percent of the estimated construction costs of the in-tract water facilities. The inspection fees are due and payable to the City by the land owner/developer within thirty (30) days of invoice. PLANNING DEPARTMENT Prior to filing of the final map, an approved plan for utility easements shall be provided. Easements for Public Utilities shall be determined, by the developer, through consultation with the public utility company. Pursuant to the authority of section 66474.9 of the California Government Code approval of this map is conditioned upon the subdivider defending, indemnifying and holding harmless the City, its agents, officers and employees from any claim, action or processing against the City, its agents, officers and/or employees, to set aside, void or annul an approval concerning this subdivision, if such action is brought within the time period provided for in section 66499.37 of the California Government Code. 'I]~e City shall promptly notify the subdivider of any such claim, action or proceeding and shall cooperate fully in such defense. Prior to issuance of a building permit, a habitat conservation plan interim mitigation fee shall be paid. The fee will be based on the adopted charges at the time of issuance of a building permit or permit approvals described in an adopted Habitat Conservation Plan and associated ordinances, resolutions and agreements. The current fee is $680.00 per gross acre. (BMC 15.78) Prior to filing of a final map the subdivider shall conform to the Subdivision Ordinance relating to obtaining mineral rights owners signatures. (BMC 16.20.060 per Ordinance 3515 effective May 14, 1993) Prior to recordation of a final map, Zone Change 5525 shall have obtained approval. 10054.a March 18, 1994 ADVISORY NOTICE The San Joaquin lilt fox { Vulpes macrotis mutica a federally-listed endangered species, exists througl~out the Bakersfieldmetropolltanarea. Kit foxes excavate dens for shelter, to raise pups. and to escape from predators such as coyotes. De~ing sites may occur on vacant lots ih thc Bakersfield area where development is planned. Section 9 of the Endangered Species Act of 1973. as amended (Act), prohibits the "take" of federally listed evdnn~red and threatened species. As defined under the Act, take means "to harass. harm, pursue, hunt, shoot, wound, MIL trap, capture, or collect, or the attempt to engage in any suc~ conduct." 'Incidental take" (defined aa take that is incidental to, and not the purpose of, thc currying out of an otherwise lawful activity) may be authorized by obtaining an "incidental take penmt" pursuant to Section lO(a) nf the Act. The City of Bakersfield and County of Kern are curremly developing a regional conservation plan that will balance future urban growth with the conservation nf the San Joaqum kit fox and other seusitiveplants and n,,i,,,,,l~ Once approved, this consmvation plan will fulfill the primary. requirement for obtaining a Section lO(a) permit from the U.S. FLsh and Wildlife Service to allow incidental take of the kit fox nnd other species dining developmant activities. However, while this plan is being developed, and until the Section 10(al permit is issued, specific meaaures must be implemented to prevent unauthorized incidental tak~ of San Joaquin kit foxes and to offset any loss of kit fox habitat resulting from ongoing construction actions. To comply with these measures, all persons and companies planning to engnge in construction or other activities that may impact San Joaquin kit foxes or their habitats within the preSCribed conservation plan boundaries are required to undertake the following specific measures for the kit fox: 1. Prior to ground disturbance, biological surveys for kit foxes and their dens that conform to U.S. Fish and Wlldlile Service mmhnum survey recommendations shall be conducted by a qualified wildlife biologist. Persons requiring further information on winimum survey recommendations should contact Bill Lehman of the Service's Sacramento Field Office at (916l 978-4866. 2. All known and potential San Joaquin kit fox dens that will be unavoidably destroyed bv project actions shall be carefully excavated by or under the direct supervision of a qualified wildlife biologist. Dens shall be completely excavated and subsequent .ly backfil!ed and compacted to prevent later use by kit foxes prior to onset of project construcuon. Monitoring o£ dens pursuant to Service recommendations shall be conducted prior !o excavation to ensure that dens are not occupied by kit foxes when excavated. If a kit fox is inadvertently found inside a den during excavation. the animal(s) shall be allowed to escape unhindered. Information on den definitions and monitoring recommendations can be obtained by contacting the Sacramento Field Office. 3. To protect female San Joaqmn kit foxes and their pups during the breeding season, no development activities likely to result in incidental take of kit foxes and no excavation of kit fox dens shall be permitted on any property within the prescribed conservation plan boundaries from January ! to April 30, if biological surve.~ conforming to Se~ce minimum survey recommendations demonstrate the presence of k~t foxes on the subject property. Minimum surv~. recommendations/or the period from JanusO' 1 to April 30, and for one calendar week preceding January. f, shall consist of seven consecutive nights of negative survey results where methods including spotlighting, scent stations, and placing of tracking medium at all known and potential kit fox dens on the subject property. This shall be enforced ualas$: a. Subsequent surveys demonstrate that kit foxes have vacated the property on their own, without any form of deh"oernte human disturbance within lO0 feet of or directly to kit fox b. Circular exdns/on zones of I00 feet in tad/ns are staked and flagged around all known and potent/al kit fox dens on the subject property. Development ceuid then proceedon the balance of the property that is outs/de these exclusion zones: c. Survey information collected by a qualified wildlife biologist indicates that incidental take of kit foxes resulting from den excavations should not occur, provided that such information is presented in writing to the Service's Sacramento Field Office and the Service concurs in writing. 4. :ks a means of offsetting the unavoidable loss of endangered species habitat associated with development, a fee is required by the city or county. 'I'his fee is being assessed upon submittal of a building permit. Specific fee amounts will vary with the size of planned prelect development. For further information regarding these measures. please contact Jim Movius of the City et Bakersfield Planning Department. 1501 Truxtun ,\venue. Bakersfield. California 93301 (805) 326- 3733, or the U.S. Fish and Wildlife Ser~ce. Sacramento FieldOffice 2800 Cottage Way, Room E-1823. Sacramento, California 95825 (916) 978- 4866. ?repareO bv United States Det~ar~l~ent of th~, Inter/or. Fish ana Wildlife Se~'ice. ORI(~i~IAL EXHIBIT B FINDINGS FOR TENTATIVE PARCEL MAP 10054 1. All required public notices have been given. 2. The provisions of CEQA have been followed. 1991. A Negative Declaration was previously adopted for this project on May 22, 4. Urban services are available for the proposed development. 5. The proposed Parcel Map, together with the provisions for its design and improvement, is consistent with the General Plan. (Required by Government Code 66473.5) 6. The site is physically suitable for the type of development proposed (as conditioned). 7. The site is physically suitable for the proposed density of development proposed (as conditioned). 8. The design of the Parcel Map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 9. The design of the Parcel Map for the type of improvements is not likely to cause serious health problems. 10. The design of the Parcel Map or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed Parcel Map. 11. The design of the Parcel Map provides, to the extent feasible. for the future passive or natural heating or cooling opportunities in the Parcel Map. (Section 66473.1 of the Subdivision Map Act) S:~P10054.FND (Prepared February 22, 1994 JEng) OR~C-I,"JAL EXHIBIT C TENTATIVE PARCEL MAP 10054 Pg I of 2 EO/4) t1~4) PENNY MARIE t (/ AVENUE I ~0/~) I L R_~ TO_ I ~ [(~/~) j CNqGE~ AVENUE lOS ~ E(1)RS A E(i/,~) 17 16 / E(1/4) ..J__ ,,._.,PEMBROKE ~ AVENUE ,.,-, £0/4) Eg/4) o KIMBERLY A~ ~ ZO/~) ~ HOOPER ~ ~oo [(:/4) ORIGINAL TENTATIVE : ,, ! PARCEL MAP NO. 10054 PNK~. ?