HomeMy WebLinkAboutRES NO 059-04RESOLUTION NO. 0 5 .0 - 0 4
RESOLUTION DENYING THE APPEAL FROM THE SIERRA
CLUB, UPHOLDING THE DECISION OF THE PLANNING
COMMISSION, APPROVING REVISED VESTING TENTATIVE
TRACT MAP 6169 GENERALLY LOCATED NORTH OF
PANAMA LANE, SOUTH OF HARRIS ROAD (EXTENDED),
EAST OF OLD RIVER ROAD.
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 Revised Vesting Tentative Tract Map 6169 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 Revised Vesting Tentative Tract 6169 and requesting an
Environmental Impact Report (EIR) be prepared because it is the Sierra Club's opinion that
cumulative impacts to air quality, traffic and prime agricultural conversion 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, with the concurrence of the applicant, the City Council continued the
project to the public hearings of February 25, 2004 and March 10, 2004; and
WHEREAS, the City Council, with the concurrence of the applicant, continued
the public hearing to the regularly scheduled City Council meeting of February 25, 2004; and
WHEREAS, testimony was heard during the public hearing; and
WHEREAS, proposed Revised Vesting Tentative Tract 6169 is generally located
north of Panama Lane, south of Harris Road (extended), east of Old River Road; being a portion
of the southwest quarter of Section 20, T30S, R27E, MDBM, as shown on location map
attached as Exhibit "B;" and
WHEREAS, proposed Revised Vesting Tentative Tract 6169 consists of 347 lots
for purposes of single family development, a sump lot and a lot for future development on 87.81
acres, zoned R-1 (One Family Dwelling) and C-1 (Neighborhood Commemial) including a
request to waive mineral rights signatures pursuant to BMC 16.20.060 B.1; 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
ORIGINAL
WHEREAS, in accordance with CEQA guidelines, Section 15162, the Negative
Declaration prepared and approved by the Planning Commission on April 21,2003, in
conjunction with the original approval of this map is applicable to and appropriate for this
project; and
WHEREAS, in accordance with CEQA Guidelines Section 15184, an addendum
to the Negative Declaration adopted for the original approval of this map was prepared; and
WHEREAS, said addendum and response to comments prepared by Insight
Environmental Consultants, Inc. are hereby made part of the record for the proposed project;
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, mitigation measures have been incorporated into the project as
conditions of approval listed in attached Exhibit "A
WHEREAS, the Council has considered and hereby makes the following
findings:
1. All reouired eublic 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.
2. The Neaative Declaration (ND) adopted April 21. 2003 for the oriainal
approval of Tract 6169 is applicable to and appropriate for this proiect.
3. The provisions of CEQA and City of Bakersfield CEQA Implementation
Procedures have been followed as described:
a. In accordance with CEQA Guidelines Section 15162(a)(1), there is no
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects associated with the revised project, therefore, no
major revisions to the previous negative declaration are required. The ND prepared for
the project in April 2003 examined potential environmental impacts of the tentative map
in 16 substantive categories and determined that the project would not have a significant
effect on the environment. The proposed revisions to the project - grouping of similarly
sized lots, elimination of paddle cul-del-sacs in favor of standard design, and addition of
18 single family residential lots - are minor and would not change any of the conclusions
previously reached. Potential impacts as to aesthetics, agricultural resources, biological
resources, cultural resources, hazards and hazardous materials, hydrology and water
quality, noise, population and housing, public services, recreation, utilities and service
systems will be the same as under the original project. The addition of 18 residential
dwelling units will result in an increase of 173 vehicle trips, an insignificant increase in
vehicle trips, where the number of vehicle trips for the original project was 3,148. This
would not result in any new adverse impacts because the increase in traffic projected by
the proposed subdivision will not impact these streets to a level of service below LOS
"C" (The established threshold for determination of the significance of traffic impacts).
ORIGINAL
b. In accordance with adopted guidelines of the San Joaquin Valley Air
Pollution Control District, the agency with jurisdiction over the affected resource, the
project's impacts to air quality, as projected in an Air Quality Study prepared by Insight
Environmental Consultants, Inc. (October 2003), fall below the thresholds of
significance. These increases are insignificant in relationship to the original project and
do not result in a change in the conclusion that such impacts would be less than
significant.
c. In accordance with CEQA Guidelines Section 15162(a)(2), there are no
substantial changes with respect to cimumstances under which the project is undertaken
which will require major revision of the previous negative declaration due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects. There are no changes in
circumstances, substantial or otherwise, under which the project is being undertaken
that would required major revisions in the ND previously approved for the project.
d. In accordance with CEQA Guidelines Section 15162(a)(3), no new
information of substantial importance shows: (i) new significant effects not previously
discussed, (ii) a substantial increase in severity of previous discussed impacts, (iii)
mitigation measures or alternatives previously found not to be feasible would in fact be
feasible and would substantially reduce significant effects, or (iv) mitigation measures or
alternatives which are considerably different from those analyzed in the previous
negative declaration that would substantially reduce significant effects. The revised
project does not result in any impacts that were not previously discussed in the ND,
found to be less than significant or mitigated to a level of less than significant.
e. None of the requirements for a subsequent or supplemental EIR or
negative declaration pursuant to CEQA Section 21166 or CEQA Guidelines Section
15162 and 15163 are present. Therefore, in accordance with CEQA Guidelines Section
15164, an addendum was prepared to incorporate minor technical changes into the
adopted Negative Declaration.
f. In accordance with CEQA Section 21083.3 and CEQA Guidelines Section
15183, this project is consistent with the development density established by the existing
zoning and adopted General Plan, for which an Environmental Impact Report (EIR) was
certified on December 11,2002.
g. There are no significant impacts which are peculiar to this project or
parcel which were not considered in the General Plan EIR.
h. There are no significant impacts which are peculiar to this project which
were not analyzed in the EIR prepared for the adopted General Plan.
i. There are no potentially significant off-site impacts and cumulative
impacts which were not discussed in the EIR prepared for the General Plan.
j. None of the requirements for a subsequent EIR or negative declaration
pursuant to CEQA Section 21166 or CEQA Guidelines Sections 15162 and 15163 are
present. The Revised Project will not cause new significant environmental impacts that
were not previously discussed in the Project ND or an increase in severity of previously
discussed impacts. No major revisions are necessary to the previously adopted ND.
3 D
ORIGINAL
All mitigation measures adopted for the previously approved Project will apply to the
Revised Project. Accordingly, the City finds that adoption of the Addendum is
appropriate to describe the changes to the Project with respect to location and number
of lots, and type of cul-de-sacs, and that no subsequent or supplemental EIR or negative
declaration is necessary.
4. 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 pamels to be created.
5. The proposed subdivision, toqether with the provisions for its desian 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.
6. Mineral riqhts owners' siqnatures may be waived on the final mad pursuant to
BMC 16.20.060 B.1. The preliminary title report submitted with the application indicates that the
rights of surface entry have been expressly waived by recorded document.
7. The conditions of approval are necessary for orderly development, and the public
health, welfare and safety.
8. The vacation of Progress Road within the boundaries of this subdivision is
consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code Section
65402.
9. That the reverse corner lots as designed are necessary to comply with other
ordinances, codes and design principles of subdivision.
10. The request for double frontage lots is approved in accordance with BMC Section
16.28.170 L because the double frontage lots proposed abut arterial streets and the double
frontage lots are deemed reasonable due to traffic, safety, appearance and setbacks.
11. The six foot wall along the east side of the commercial site is necessary for public
safety.
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 adopted for the original approval of Tract 6169
is applicable to and appropriate for this project.
3. The addendum to the adopted Negative Declaration is hereby adopted.
4. The decision of the Planning Commission is upheld, subject to mitigation
measures and conditions of approval shown in attached Exhibit "A".
4
ORIGINAL
5. The appeal is denied.
6. Revised Vesting Tentative Tract Map 6169 (Exhibit "C") is hereby
approved, subject to the mitigation measures and conditions of approval shown in attached
Exhibit "A".
...... 000 ......
the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by
Council of the City of Bakersfield at a regular meeting thereof held on
M~,R 1 Il ?l'll~[ by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNC LMEMBER.
COUNCILMEMBER
COUNCLMEMBER.
PAMELA A. McCARTHY, C~I~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL //
Mayor of the City of Bake~¢field
t'
APPROVED as to form'?
VIRGINIA GENNARO ~
/
City Attorney ,//
S:\TRACTS\6169R\CC\res1 .doc
EXHIBIT "A"
REVISED VESTING TENTATIVE TRACT MAP 6169
CONDITIONS OF APPROVAL
PUBLIC WORKS
In a letter dated October 20, 2003, and based upon the tentative map dated 10/15/03, the applicant requested
deviations from the following ordinance, standard, or policy requirements:
1.1. SDM Standard ST - 10 - Request - use of 52' wide rights of way.
Recommendation - Approval of the request for only those streets which do not exceed a total length of 500
feet. Rockaway Beach Court and Lincoln Center Court do not meet the criteria for 52' wide rights of way.
They shall have rights of way of 60 feet.
2. Reference is made to Ordinance No. 3534 for approval of Zone Change 5426; those requirements are
incorporated into and made a part of approval of this map.
It is noted on the tentative map that Progress Road is to be abandoned. Because all of the roadway is not within
the border of the map, either abandonment procedures in accordance with Streets and Highways Code must be
completed prior to recordation of the first final map, or dedication and improvement of Progress Road to City
standards must be accomplished.
4. In the design and construction of Panama Lane, consideration is to be given to the elevation difference for the
widened crossing of the Sunset Railroad. Provide slope easements as required.
5. Provide a waiver of direct access rights to Panama Lane and to Old River Road from all abutting residential lots,
to Metropolitan Way from Lots 1 & 35 in Phase 8, and to Albany Gate Drive from lot 1 in Phase 1.
Provide all weather secondary access for emergency purposes with each phase. The secondary access shall
be improved as directed by the City Engineer and shall be maintained by the developer/subdivider until such
time as a second, all-purpose access is provided.
7. With the phase that contains the 200"' lot, a second, all-purpose access, improved to City standards, shall be
constructed.
Turning movements at the street entrances into the subdivision shall be limited to right in, right out, and left in.
To ensure turning movements are restricted,
8.1. construct a full width median island in Panama Lane at Albany Gate Drive for 250' west of the intersection
and 100' east of the intersection, including a 16' wide travel lane on the south side of the median.
8.2. construct a full width median island in Old River Road at Metropolitan Way for 250' north of the intersection
and 100' south of the intersection, including a 16' wide travel lane on the west side of the median.
9. Access to Panama Lane from the commercial lot shall be limited to one location. The one access shall not be in
the right turn lane for Albany Gate Drive. A right turn lane into the access point shall also be required.
10. In the design for the median island in Panama Lane, consideration shall be given for the existing use(s) on the
south side of the road.
11. Normal centerline to flow line widths on Panama Lane and on Old River Road shall be 48 feet.
12. Install traffic signal interconnect conduit and pull rope in both Panama Lane and Old River Road.
13. The treatment for the area between the back of sidewalk and the retention basin fence on Empire State Drive
shall be in accordance with Standard L-14.
14. Install 200 watt high pressure sodium vapor street lights on the major streets and 100 watt high pressure sodium
vapor street lights on the interior local streets.
ORIGINAl.
Exhibit "A"
RVTM 6169
page 2
15. The developer is required to construct an improvement which is on the facilities list for the Metropolitan
Bakersfield Transportation Impact Fee. The developer shall receive credit against his traffic impact fees for this
project. The developer must submit an appraisal, to be approved by the City Engineer, verifying the cost of the
right-of-way to be acquired. This credit is not available until the improvement has been constructed by the
developer and accepted for maintenance by the City. Any building permit issued prior to this acceptance shall
pay the full impact fee.
16. 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 for 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
17. Prior to submittal of improvement plans for review, provide a recording and construction phasing plan so the City
Engineer can determine the scope of improvements to be completed with each phase.
18. Mainline extensions shall be made to provide sewer service to each lot in the subdivision. If existing facilities do
not have capacity to serve this subdivision, then a main line shall be extended from Buena Vista Road in
Panama Lane to serve this subdivision.
19. In accordance with the approved drainage study, ensure the retention basin site and storm drain facilities are
sized to accept drainage from the area between this subdivision and Harris Road.
20. Prior to recordation of each Final Map, the subdivider shall
20.1. pay the local traffic mitigation fees for those required facilities not on the regional traffic impact fee
list,
20,2, 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.
20.3. provide easements for required facilities not within the border of the phase being recorded.
20.4. ensure that each cable television company provides notice to the City Engineer of its intention to
occupy the utility trench.
21. On and off site road improvements are required from any collector or arterial street to provide left turn
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.
22. Final map check fees shall be submitted with the first map check submittal for each phased final map.
23. Except as otherwise required by Ordinance No. 3534, the subdivider shall either construct the equivalent full
width landscaped median islands in Old River Road and in Panama Lane or pay his proportionate share of the
cost for the future construction of the medians. Construction or payment shall be for the full width of the land
being subdivided. Credit against median island fees shall be given for those portions of the medians
constructed to limit turning movements.
ORIGINAL
Exhibit "A"
RVTM 6169
page 3
24. All lots with water well facilities that front arterial streets will have wall and landscaping to arterial street
standards, and those that front local streets will have a slatted chain link fence 25' back of sidewalk with
landscaping as approved by the Public Works and Parks Directors.
25. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy
adopted by letter dated January 22, 1997.
26. 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.
27. 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
28. Pdor to construction of in-tract water facilities, plans and specifications shall be approved by the City
Water Resources staff.
29. Lot(s) are necessary within the subdivision for the purposes of drilling and equipping domestic water
well facilities. Before acceptance of the lot(s), a full environmental and hazardous materials review
(surface and subsurface soils) must be conducted. Property for the deepwell site(s) is to be
dedicated or may be purchased by the City. The lands may be included as part of other City facilities,
such as City of Bakersfield parks, storm drain sumps, etc.
30. 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 requirement 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
31. 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.
32. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related
environmental approvals related to or adsing 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 adsing
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 I~'lhe City
ORIGINAL
Exhibit "A"
RVTM 6169
page 4
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.
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.
Recommendation contained in archaeological study performed by Hud/ow Cultural Resources, dated
January 2003.
34. The subdivision shall be developed in no more than 8 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.
35. 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.
Discretionary - BMC 16.28. 170K- allows the Planning Commission to require a wall based on a
finding that the easement is necessary for orderly development.
36. 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 2.50 acres of
land. Ifthe 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~ park
land ordinance. Staff is recommending this condition in accordance with BMC Chapter 15.80.
37. Prior to filing a final map on any residential phase adjacent to the Sunset Railroad right-of-way, the
subdivider shall construct a 6 foot high masonry wall (as measured from highest adjacent grade)
along the eastem tract boundary. A 6 foot high masonry wall shall also be constructed along__
ORIGIN.~,L
Exhibit "A"
RVTM 6169
page 5
boundary of the commercial lot (Lot 1, Phase 1)..
Mitigation measure recommended in acoustical study prepared by Bo/lard & Brennan, Inc. (dated
August 20, 2003) for this subdivision.
Mitiqation Measures
Air Quality Study, prepared by Insight Environmental, October2003
38. Measures to control PM10 Emissions (SJVAPCD Regulation VIII)
The criteria pollutant most affected by proposed mitigation measures will be PM~o. As the project will
be completed in compliance with SJVAPCD Regulation VII, dust control measures will be taken to
ensure compliance specifically during grading and construction phases. The mitigation measures to
be taken are as follows:
38.1.1 Water exposed sudaces (soil) three-times/day.
38.1.2 Water all haul roads (unpaved) three-times/day.
38.1.3 Reduce speed on unpaved roads to less than 15 miles per hour.
38.1.4 Stabilize all disturbed areas, including storage piles, which are not being actively utilized
for construction purposes using water, chemical stabilizers or by covering with a tarp, other
suitable cover or vegetative ground cover.
38.1.5 Control fugitive dust emissions during land clearing, grubbing, scraping, excavation,
leveling, grading, or cut and fill operations with applications of water or by presoaking.
38.1.6 When transporting materials offsite, maintain a freeboard limit of at least 6 inches and
cover or effectively wet to limit visible dust emissions.
38.1.7 Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at
the end of each workday. (Use of dry rotary brushes is prohibited except when preceded
or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is
expressly forbidden).
38.1.8 Stabilize the surface of storage piles following the addition or removal of materials using
water or chemical stabilizer/suppressants.
38.1.9 Remove trackout when it extends 50 or more feet from the site at the end of each
workday.
38.1.10 Cease grading activities during periods of high winds (greater than 20 mph over a one-
hour period).
38.1.11 Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of
cutback, slow-cure and emulsified asphalt paving materials.
39.Measures to Reduce Construction Equipment Exhaust
The GAMAQI guidance document lists the following measures as approved and recommended for
construction activities:
39.1.1 Maintain all construction equipment as recommended by manufacturer manuals.
39.1.2 Shut down equipment when not in use for extended periods of time.
39.1.3 Use electric equipment for construction equipment during periods of high or excessive
ambient pollutant concentrations such as "Spare-the Air" days as declared by the
SJVAPCD.
ORIGINAL
EXHIBIT B
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ORIGINAL
EXHIBIT C
PM 8775
PM. BK. 37, PG. 47
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ORIGINAl