HomeMy WebLinkAboutRES NO 221-0422!
RESOLUTION UPHOLDING THE DECISION OF THE PLANNING
COMMISSION, ADOPTING THE NEGATIVE DECLARATION,
DENYING THE APPEAL AND APPROVING VESTING
TENTATIVE TRACT NO. 6243 PHASED ON CERTAIN
PROPERTY GENERALLY LOCATED IN THE RIO BRAVO GOLF
COURSE AREA, AT THE TERMINUS OF DONALDO STREET.
WHEREAS, at the regularly scheduled meeting of April 15, 2004, the Planning
Commission conditionally approved Vesting Tentative Tract 6243, 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 6243; 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 6243 is generally located in the Rio
Bravo Golf Course area, at the terminus of Donaldo Street, as shown on location map attached as
Exhibit "B;" and
WHEREAS, proposed Vesting Tentative Tract 6243 consists of 37 lots for purposes
of single family residential development on 12.92 acres zoned R-1 (One Family Dwelling); 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 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 headng.
9.
10.
11,
12.
The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures
have been followed. Staff determined that the proposed activity is a project and an
initial study was prepared and a Negative Declaration was prepared and duly noticed.
A Negative Declaration for the proposed project is the appropriate environmental
document to accompany proiect 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 prcoosed develooment. 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 Drooosed subdivision, toaether with the provisions for its desion and imorovement.
is consistent with the General Plan. (Subdivision Map 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 proiect must be granted a "de minimis: exemption with respect to the oavment 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' sianatures 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.
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 6243 is hereby approved, subject to the mitigation
measures and conditions of approval shown in attached Exhibit "A."
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:
AYES: COUNClLMEMSER COUCH, CARSON, BENHAM, MAGG D, HANSON, SULI~VAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JUL 0 ? 2004
APPROVED
Mayor of the City of Bakersfield
PAMELA A. McCARTHY, Cl~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Exhibits: A. Conditions of Approval
B. Location Map
C. Tentative Tract Map
ORIG!NAL
EXHIBIT A1 @
VESTING TENTATIVE TRACT MAP 6243
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. In a letter dated August 29, 2003, the applicant requested deviations from the following ordinance and policy
requirements:
1.1. BMC 16.28.070 - Reauest - permit private streets
Recommendation - APPROVE the request
1.2. BMC 16.32.060.3 - Request - modification to allow deletion of sidewalks along private streets.
Recommendation - DENY the request. Sidewalks must be constructed along one side of the street.
1.3. SDM 3.4.1.1 .b - Request - modification to permit less than 500' minimum radius on local streets
Recommendation - APPROVE the request.
1.4. BMC 16.28.170 F - Request - modification to allow non-radial and non-perpendicular lot lines.
Recommendation - APPROVE the request.
1.5 SDM Standard ST-1 - Request - use of Type C roll curb & gutter.
Recommendation - APPROVE the request, provided required drainage capacity of the curbs isn=t
compromised.
1.6 SDM Standard ST 11 - Request - use of 32' wide streets with 30' flow line to flow line.
Response - APPROVE the request, provided parking is removed from one side of the street, and so long as
other standards and ordinances are not compromised, such as sight lines, knuckle radii, etc, and access for
municipal or public utility services are 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. Note: If the southwest entrance ia to be fully built by Tract
6243, then Tract 6243 would not participate in funding the road south of the Rio Bravo Golf Course
from Miramonte to the proposed south gate; but if everyone collectively participates in funding of
the southwest connection and south connection to Miramonte, Tract 6243 would participate.
2.2.
ail 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. The subdivider shall install street lights on the interior, private streets. A street lighting plan for the interior
streets shall be included on the street construction plans.
Prior to recordation of the first final map,
4.1. all improvement plans for the required improvements shall be reviewed by the City Engineer.
4.2. provide a copy of the recorded master C. C. & R.'s and show that this subdivision is part of and subject to
those documents.
5. Prior to recordation of each Final Map, the subdivider shall
5.1. 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.
5.2. the subdivider shall enter into an agreement with the City and post appropriate security to guarantee
installation of required improvements.
5.3. 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 b~AK~.
the subdivider and a Notice of Completion is recorded by the City. 0
Exhibit A1 @
VTM 6243
page 2 of 4
5.4. 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.
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,
6.1. 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.
6.2. submit to the City Engineer copies of the sewer video cassette, forms, and his inspection log.
6.3. provide recorded copies of the C. C. & R.s and Homeowner's Association By-Laws to the City Engineer.
7. Final map check fees shall be submitted with the first submission of each final map.
8. 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.
9. 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 Custody~ 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.
10. 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 all heavy
construction equipmentJtrucks entering and exiting the project site. Heavy 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. The applicant shall provide signage to
direct heavy 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.
11. Prior to the Notice of Completion on the first phase or issuance of the first building permit (including model
homes) for tract 6243 the Via Napoli road alignment shall be paved from Miramonte Drive to provide access to
the phase(s) being developed.
PLANNING
10. 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.
11. 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
S: Tracts~6234~Exh I (prepared by LP)
August 18, 2004
Exhibit A1 @
VTM 6243
page 3 of 4
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.
12. 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 clearance letter provided by Hudlow Cultural Resources
Associates, dated September 2003.
13. The subdivision shall be developed in no more than two 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.
14. Prior to recordation of a final map, the subdivider shall pay an in-lieu fee based on a park land dedication
requirement of 2.5 acres per 1000 population in accordance with Chapter 15.80 of the Bakersfield Municipal
Code. The park land in-lieu fee for this subdivision shall be for 0.28 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 ifa 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.
15. 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;
S: Tracts~6234~Exh I (prepared by LP)
August 18, 2004
Exhibit A1 @
VTM 6243
page 4 of 4
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 welt 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)
Fire Department
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 Optic, om
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 Rio Bravo Community Association. CC & R's shall clearly
communicate this responsibility to the homeowners association.
S: Tract$16234t.Exh I (prepared by LP)
August 18, 2004
ORtGINAL
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