HomeMy WebLinkAboutRES NO 219-04RESOLUTION NO. ~L~-~-- 0 z~
RESOLUTION DENYING THE APPEAL BY RIO BRAVO
RESIDENTS AND HOMEOWNER'S ASSOCIATIONS,
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION, ADOPTING THE NEGATIVE
DECLARATION, AND APPROVING VESTING TENTATIVE
TRACT MAP 5516 GENERALLY LOCATED SOUTH OF
HIGHWAY 178, EAST OF MIRAMONTE DRIVE, WITHIN
THE RIO BRAVO GOLF COURSE COMMUNITY.
WHEREAS, at the regularly scheduled meeting of April 15, 2004, the Planning
Commission conditionally approved Vesting Tentative Tract 5516, submitted by Porter-Robertson
Engineering; and
WHEREAS, in accordance with the procedure set forth in the provisions of Title 16 of
the Municipal Code of the City of Bakersfield, Bob Bush, representing the Vista Montagna
Homeowners Association filed a written appeal to Vesting Tentative Tract 5516; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as Wednesday, July 7, 2004, in the Council Chambers of City Hall, 1501 Truxtun Avenue,
Bakersfield, California, as the time and place for a public hearing before said City Council on said
appeal, and notice of the public hearing was given in the manner provided in Title Sixteen of the
Bakersfield Municipal Code; and
WHEREAS, testimony was heard during the public hearing; and
WHEREAS, proposed Vesting Tentative Tract 5516 is generally located in the Rio
Bravo Golf Course area, as shown on location map attached as Exhibit "B;" and
WHEREAS, proposed Vesting Tentative Tract 5516 consists of 139 lots for purposes
of single family residential development on 74.47 acres zoned R-1 (One Family Dwelling) and R-1-HD
(One Family Dwelling - Hillside Development); 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, 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 oublic notices have been Qiven. Headng notices regarding the proposed
ORIGINAL
9.
10.
11.
12.
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 Ne(3ative Declaration for the proposed proiect is the approDriate environmental
document to ac, company Droiect approval. In accordance with CEQA, staff prepared an
initial study for the proposed project and indicated that because mitigation measures
relating to air quality and noise have been incorporated into the project, the
project will not significantly impact the physical environment.
Urban services are available for the proposed development. The project is within an
area to be served by all necessary utilities and waste disposal systems. Improvements
proposed as part of the project will deliver utilities to the individual lots or parcels to be
created.
The proposed subdivision, together with the provisions for its desi(3n and improvement.
is consistent with the General Plan. (Subdivision MaD Act 66473.5) The proposed
density and intensity of development are consistent with the Low Density Residential
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 (~ranted 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 map 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 (BMC
Section 16.20.060).
The conditions of approval are necessary for orderly development, and the public
health, welfare and safety.
The request to allow private streets is hereby approved. Sidewalks are required on one
side of the street
The request to allow radius curves less than 500 feet on local streets is hereby
approved.
The request to allow non-radial/non-perpendicular lot lines is hereby approved.
The request to allow block lengths that exceed standard.
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13. That the reverse corner lots as designed are necessary to comply with other
ordinances, codes and design principles of subdivision.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as
follows:
1.
2.
3
The above recitals and findings incorporated herein, are true and correct.
The Negative Declaration is hereby approved.
The decision of the Planning Commission is upheld, subject to mitigation
measures and conditions of approval shown in attached Exhibit "A."
The appeal is hereby denied.
Vesting Tentative Tract 5516 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 passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on July 7, 2004, by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNClLMEMBER COUCH, CARSON, BENHAM, MAGG,.~.RD, HANS''N, SULLI~N, SALVA~GIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
JUL 0 7 2004
APPROVED
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Exhibits: A. Conditions of Approval B. Location Map
C. Tentative Tract Map
PAMELA A. McCARTHY, CM~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "a"
VESTING TENTATIVE TRACT MAP 5516
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. In a letter dated October 30, 2003, the applicant requested deviations from the following ordinance and policy
requirements and are hereby approved:
1.1. BMC 16.28.070 - Request - permit private streets
1.2. MC 16.28.160.A - Request - modification to allow blocks on Via Bellano, Menaggio Lane, and De La
Guerra Terrace to exceed the 1,000' maximum block length.
1.3. SDM 3.4.1.1 .b - Request - modification to permit less than 500' minimum radius on local streets. Approve
only on De La Guerra Terrace at lot 3 and provide a knuckle on Via Belanno at lot 22.
1.4. BMC 16.28.170 F - Request - modification to allow non-radial and non-perpendicular lot lines.
1.5. SDM Standard ST-1 ~ Request - use of Type C roll curb & gutter in an R-1 zone
1.6.
SDM Standard ST 11 - Request - use of 32' wide streets with 30' flow line to flow line widths so
long as other standards and ordinances are not compromised, such as sight lines, knuckle radii,
etc, and access for municipal services is not hindered.
2. With this subdivision,
2.1. the second all purpose access to Miramonte Drive from the golf course area through Tentative Tract 6160
shall be fully improved by the first tract (either Tract 5516, Tract 5517 or Tract 6243) starting construction.
Improvement plans shall include this all purpose access, and construction shall be accomplished with the
first final map and shall be completed prior to issuance of a building permit. Tracts 5516, 5517 and 6243
may enter into an agreement with each other to pay their share of construction costs. The City will not
review nor be a party to the agreement.
2.2. all facilities adjacent to, within the boundaries of, or necessitated by development of this subdivision
identified by the approved Rio Bravo master drainage study shall be constructed in accordance with
approved plans, and all easements required shall be provided to the entity responsible for maintenance of
the drainage system.
3. A grading/drainage plan of the entire subdivision shall be submitted to and approved by the City prior to
submittal of improvement plans.
4. In Phase 3, in the vicinity of Lots 1,21,22, & 23, design and construct a standard knuckle or utilize the standard
500' radius curve.
5. Construct 4.5' wide sidewalks on one side of Menaggio Lane, south of the Via Bellano intersection.
6. Install street lights on the interior, private streets. A street lighting plan for the interior streets shall be included
on the street construction plans.
Provide engineering design and right-of-way for a street connection from De La Guerra Terrace to Via Bassano
within the tract boundaries. Break the southern paved link of Via Bellano, for approximately 100' to 150'
between De La Guerra Terrace and Menaggio Lane by installing grass crete or other street surfacing materials
suitable for emergency access as approved by the Public Works Department. Paved side access to the corner
lots is to be maintained.
Prior to recordation of the first final map,
8.1. all improvement plans for the required improvements shall be reviewed by the City Engineer.
8.2. provide a copy of the recorded master C. C. & R.'s. Show that this subdivision is part of and subject to
ORIGINAL
Exhibit A
VTM 5516
page 2 of 6
those documents.
9. Prior to recordation of each Final Map, the subdivider shall
9.1. 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.
9.2. the subdivider shall enter into an agreement with the City and post appropriate security to guarantee
installation of required improvements.
9.3. submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently
with each Final Map which will prohibit occupancy of any lot until all improvements have been completed by
the subdivider and a Notice of Completion is recorded by the City.
9.4. submit for the City's Review and approval C.C. & R.'s and Property Owner's Association By-Laws for the
use and maintenance of all shared facilities not dedicated to the City. Among those non-dedicated, shared
facilities will be the on-site sewer main lines and laterals and storm water retention or detention basin(s)
and associated storm drain lines and appurtenant facilities.
10. Prior to City filing a Notice of Completion for the required improvements and release of posted security, the
subdivider's engineer shall, in addition to addressing or providing those items listed on the informational portion
of the staff report,
10.1. provide certification to the City Engineer that, except as otherwise provided, all required
improvements have been constructed to City standards, ordinances, and policies, all in accordance with
approved plans.
10.2. submit to the City Engineer copies of the sewer video cassette, forms, and his inspection log.
10.3. provide recorded copies of the C. C. & R.s and Homeowner's Association By-Laws to the City
Engineer.
10.4. provide written verification from the Fire Department that all gates, locks, and keys have been
installed or provided to their satisfaction.
11. Final map check fees shall be submitted with the first submission of each final map.
12. 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.
13. The on-site sewer system shall be inspected with video equipment designed for this purpose and as approved
by the City Engineer. The television camera shall have the capability of rotating 360E, in order to view and
record the top and sides of the pipe, as required. The video inspection shall be witnessed by the subdivider's
engineer, who will also initial and date the AChain of Custodye form. Any pipe locations revealed to be not in
compliance with the plans and specifications shall be corrected. A recorded video cassette, completed AChain
of Custody@ form, and a written log (which includes the stationing, based on the stationing of the approved
plans, of all connected laterals) of the inspection shall be provided for viewing and shall be approved by the
subdivider's engineer prior to acceptance. After the subdivider's acceptance of the system, the video cassette,
forms, and logs shall be submitted to the City Engineer.
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.
15. There shall be no through local street connection to De La Guerra Terrace in Tentative Tract 5516. The
applicant shall provide emergency vehicular access from De La Guerra Terrace into the subdivision in a design
approved by the Fire Department, Public Works and Planning Department. Subject to approval by the Fire
Department, the emergency access may be improved with grass crete and shall be designed to allow opening
S: Trectst5516~Exh l (prepared by LP)
August 18, 2004
ORIGINAL
Exhibit A
VTM 5516
page 3 of 6
by residents needing to exit in an emergency. Also, subject to approval by the Fire Department, Public Works
Department and Planning Department, lots may front on De La Guerra Terrace and Vista Grande Drive at the
vehicular emergency access point.
16. All access points that are protected by an unmanned gate, including emergency access points, shall have an
automatic gate opening device (power assisted gate opener) that is activated by the Opticom Mobil Priority
Control System. Installation of the automatic gate system shall be completed by the developer. Maintenance of
the system will be accomplished by the City of Bakersfield at the expense for such maintenance charged to the
homeowners association for tract 5516. CC & R's shall clearly communicate this responsibility to the
homeowners association.
17. Prior to recordation of the 3rd phase of development, the applicant shall enter into an agreement with the City of
Bakersfield for contribution of their proportional share to the cost of providing a road connection to Comanche
Road from or via Miramonte Drive.
18. Prior to ground disturbance, an all weather road shall be constructed from Miramonte Drive along the Via
Napoli/Menaggio Lane alignment to the area of proposed disturbance. This road shall be used by ail heavy
construction equipmentJtrucks entering and exiting the project site. Construction vehicles and equipment shall
not use Casa Club Drive to enter or leave the site unless the construction road is blocked due to construction,
such as but not limited to installation of improvements for tracts 6243, 5997 and 5998. The applicant shall
provide signage to direct equipment and trucks to the Via Napoli entrance and said entrance shall be gated and
locked during non work hours. Road surfacing shall be approved by the Public Works and Fire Departments.
19. Prior to issuance of the 56th building permit in 5516 (including model homes), the Via GenoaNia
Napoli/Menaggio, or Via BassanoJia Genoa/DeLa Guerra Terrace, or the Via Napoli/Menaggio road
alignments shall be paved from Miramonte Drive to provide access to the phase(s) being developed. Tracts
5516, 5517, 6243 and approved tracts 5997 and 5998 may enter into an agreement with each other to pay their
share of construction costs. The City will not review or be a party to the agreement.
PLANNING
18. 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.
19. 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.
S: Tracts~5516~Exh l (prepared by LP)
August 18, 2004
081GINA[
Exhibit A
VTM 5516
page 4 of 6
20. The subdivision shall be developed in no more than six 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. Prior to or concurrently with recordation of a final map, subdivider shall:
a. Properly abandon any well within the map boundaries pursuant to State Division of Oil, Gas and
Geothermal Resources (DOGGR) regulations;
Record a deed restriction or other instrument acceptable to the City Attorney, specifying the exact location
of each well and prohibit construction of a structure within ten (10) feet of the well (submit a copy of the
deed restriction or other instrument to the City for review several weeks ahead of expected recordation
date);
c. Accurately depict the location of each well on the final map and show a ten foot non-buildable radius around
the well;
Submit written verification from DOGGR that each abandoned well has been abandoned in accordance with
DOGGR's regulations and the location of the well(s) is accurately located on the final map. Submit the
letter to the Planning Department. (BMC 15.66.080B)
RECREATION AND PARKS DEPARTMENT
22. Prior to recordation of a final map, the subdivider shall pay an in-lieu fee based on a park land dedication
requirement of 2.5 acres per 1000 population in accordance with Chapter 15.80 of the Bakersfield Municipal
Code. The park land in-lieu fee for this subdivision shall be for 1.06 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/and, pay
an in-lieu fee, reserve park land or a combination of these in order to satisfy the City's park/and ordinance. Staff
is recommending this condition in accordance with BMC Chapter 15.80.
Miti.qation Measures:
20 Insight Environmental Consultants recommends the following mitigation measures to help improve the area's
overall air quality status:
20.1. PMlo Mitigation Measures:
To ensure that project emissions are minimized, the applicant is proposing the following mitigation
measures:
· Water exposed surfaces (soil) three-times/day.
· Water all haul roads (unpaved) three-times/day.
S: Tracts~5516tExh1 (prepared by LP)
August 18, 2004
m
ORIGtNAL
Exhibit A
VTM 5516
page 5 of 6
20.2.
· 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.
· Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading,
or cut and fill operations with application of water or by presoaking.
· When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or
effectively wet to limit visible dust emissions.
· Limit and remove the accumulation of mud and/or did 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).
· Stabilize the surface of storage piles following the addition or removal of materials using water or
chemical stabilizedsuppressants.
· Remove trackout when it extends 50 or more feet from the site at the end of each workday.
· Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period).
· Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of cutback, slow-cure
and emulsified asphalt paving materials.
Mitigation Measures to Reduce 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:
· Maintain all construction equipment as recommended by manufacturer manuals.
· Shut down equipment when not in use for extended periods of time.
· Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered
equipment.
· Curtail use of high-emitting construction equipment during periods of high or excessive ambient
pollutant concentrations such as "Spare-the-Air" days as declared by the SJVAPCD.
21 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 recommended in an
archaeological investigation prepared by Robe/~ A. Schiffman, dated April 6, 1998).
22 Prior to the eadhmoving phase of construction, a "tailgate training" session shall be conducted for all
construction personnel as to sensitive species identification and avoidance techniques. Instruction shall be
provided by a competent biologist familiar with the species of concern. Prior to approval of a grading plan, the
applicant or his biologist shall provide the Planning Director with evidence that the instruction has occurred.
A kit fox clearance survey shall be conducted within 30 days of initial ground disturbance. Any identified kit fox
dens shall be monitored, excavated and backfilled in accordance with the requests of the Metropolitan
Bakersfield Habitat Conservation Plan.
Metropolitan Bakersfield Habitat Conservation Plan Implementation/Management Agreement Section 4.7.4 and
recommendations contained in a Cultural Resources Survey prepared by Paul Pruett and Associates dated
S: Tracts~5516~Exh l (prepared by LP)
August 18, 2004
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