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HomeMy WebLinkAboutRES NO 275-04RESOLUTION RESOLUTION UPHOLDING THE DECISION OF THE PLANNING COMMISSION, DENYING THE APPEAL, ADOPTING THE NEGATIVE DECLARATION AND APPROVING VESTING TENTATIVE TRACT MAP 6318 GENERALLY LOCATED SOUTH OF CHASE AVENUE AND EAST OF KERN CANYON ROAD (STATE ROUTE 184). 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 decision relative to Vesting Tentative Tract Map 6318 and adoption of the Negative Declaration made during the Commission's regular meeting of August 21, 2004; and WHEREAS, the Sierra Club, filed a written appeal stating objection to approval of Vesting Tentative Tract Map 6318, relative to the negative declaration based on air quality, traffic and biological resource issues; and WHEREAS, the City Council, through the City Clerk, set the time and place of the hearing as Wednesday, September 8, 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, the City Council, with the concurrence of the applicant, continued the public headng to the regularly scheduled Council meeting of WHEREAS, testimony was heard dudng the public hearing; and WHEREAS, proposed Vesting Tentative Tract Map 6318 is generally located south of Chase Avenue and east of Kern Canyon Road, as shown on location map attached as Exhibit "2;" and WHEREAS, proposed Vesting Tentative Tract Map 6318 consists of a proposed (Phased) subdivision consisting of 100 lots for the purpose of single family residential development on 29.87 acres zoned R-1 (One Family Dwelling), as shown on attached Exhibit "3,"; and WHEREAS, the appiicetion for Vesting Tentative Tract Map 6318 was deemed complete on May 7, 2004; and WHEREAS, the laws and regulations relating to CEQA and the Cityof Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, for the above described project, an initial studywas 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 before the Planning Commission, in accordance with CEQA; and WHEREAS, the facts presented in the staff report and evidence at the above referenced public headngs support the findings contained in this resolution; and WHEREAS, Conditions of Approval have been incorporated into the project as listed in attached Exhibit "1"; and WHEREAS, the applicant has agreed to all Conditions of Approval; and WHEREAS, the Council has considered and hereby makes the following findings: All required public notices have been qiven. Headng 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 10 days pdor to the hearing. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures havo _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 Neqative Declaration for the proposed proiect 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 the project will not significantly impact the physical environment. Urban services are available for the pmpo_~ed 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, to,qether with the previsions for its desiqn and improvement, i,,; consistent with the Ge¢~e~al Plan. {Subdivision Map Act 66473.5) The proposed density and intensity of development are consistent with the Low Density Residential land use classification of the property. Proposed road improvements are consistent with the Circulation Element. '~e 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 qranted a "de minimis: exemption with respect to the pa~,-,-~,[ 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 dqht owners' siqnatures may be waived on the final map pursuant to BMC 16.20.060 B.3. As conditioned, the applicant has provided evidence with the project application that it is appropriate to waive mineral dght owner's signatures because in accordance with BMC Section 16.20.060 B.3., the subdivider intends to reserve (a) ddil island (s) for mineral access and has provided notice of such, as required in Section 16.20.060 B.3. to each mineral owner and lessee of record. ORIGINAL 8. The request for modifications, as conditioned, appear to be consistent with ordedy development and based on professional engineering practices for this particular site. 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. The Negative Declaration is hereby approved. The decision of the Planning Commission to approve Vesting Tentative Tract Map 6318 is upheld. The appeal by the Sierra Club is denied. Vesting Tentative Tract Map 6318 is hereby approved, subject to the conditions of approval shown in attached Exhibit "1 ." 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 , by the following vote: ABST~: COUNClLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER. COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, C~C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield OCT 0 6 2004 APPROVED as to form VIRGINIA GENNAEO City Attorney Exhibits: A, Conditions of Appreval B. Location Map C. Tentative Tract Map LP \\ S:\TRACTS~6318~cc',res,doc \\September 14, 2004 3 ORIGINAL EXHIBIT "1" VESTING TENTATIVE TRACT MAP 6318 CONDITIONS OF APPROVAL PUBLIC WORKS 1. In a letter dated May 4, 2004, the applicant requested deviations from the following ordinance and policy requirements: 1.1. BMC 16.28.170 F - Reouest - modification to allow reverse corner lots. Recommendation - APPROVE the request, 1.2. SDM 3.4.1.1 - Re(3uest - use of less than standard minimum tangent lengths. Recommendation - APPROVE the request, 2. Prior to recordation, all facilities within the boundaries of this subdivision identified by the approved Breckenridge planned drainage area shall be constructed in accordance with the plans approved by the City Engineer, and all easements required shall be provided. 3. The phasing map as submitted may be unbalanced 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. 4. Sewer service: Reference is made to the proposal letter from Cornerstone Engineering on March 15, 2004 regarding temporary and permanent solutions to providing sewer service to the site. 4.1 Verify the downstream sewer capacity in Tract 5923. Building permits may be limited due to capacity limitations. 4.2 A temporary lift station will be allowed to be constructed on lot 1. Size the lift station to include service to Tract 6251. Enter into an agreement for the cost of upsizing of the lift station with Tract 6251. The lift station is to be public, but the cost of maintenance and operating expense to be paid by the applicant, Provide a bond for the expenses, 4.3 Acquire dedication for one half of Trevor Avenue (30 feet wide) to the sewer line to the west of the Tract. This dedication must occur prior to the recordation of a final map of phase 3. 4.4 The City will enter into a reimbursement agreement for the cost of up-sizing the pipe in Trevor Avenue to the existing sewer line to the west, 4.5 Once dedication is provided for Trevor Avenue, construct a sewer line to the existing sewer line to the west of the tract and abandon the temporary lift station. The force main may be abandoned in place. 5. The following conditions are based upon the premise that filing of Final Maps will occur in the order shown on the map with Phase 1 first, then Phase 2, then Phase 3, etc. If recordation does not occur in that normal progression, then, prior to recordation of a final map, the City Engineer shall determine the extent of improvements to be done with that particular phase. 5.1, The following shall occur with Phase 1: 5.1.1. A temporary turn and around and dedication will be required on Ashley Lane south of the phase 2 boundary. 5.1.2. Provide dedication through the tract for the sewer lines and lift station. 5.1.3. Provide dedication of Ashley Lane and Austin Place for access to Tract 6251. 5.2, The following shall occur with Phase 2: 5.2.1 Construct Austin Place to the phase 2 boundary. Applicant's engineer shall work with Tract 6251's engineer for grades, elevations, etc. of Austin Place. Austin Place is a boundary street per ordinance 16,28.060. 5.2.2 Construct a paved secondary emergency access from the west boundary of the tract to Daytona Avenue. 5.3. The following shall occur with Phase 3. ~_- 131 ORIGINAL Exhibit "1" VTM 6318 page 2 5.3.1. Trevor Avenue is a boundary street. Per ordinance 16.28.060, acquire additional dedication for Trevor Avenue to the south of the section line to provide a minimum of 32 feet wide pavement. 5.3.2 Construct a turn around at the east end of Trevor Avenue, or provide paved 32 feet wide access to Austin Place and on Austin Place to Ashley Lane. 6. Prior to recordation of each Final Map, the subdivider shall 6.1. 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. 6.2. 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. 6.3. If it becomes necessary to obtain any off-site right of way and if the subdivider is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. 6.4. provide easements for required facilities not within the border of the phase being recorded. 6.5. ensure that each cable television company provides notice to the City Engineer of its intention to occupy the utility trench. 7. 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 CaITrans standards for the design speed of the roadway in question. Prior to grading plan review, submit the following for review and approval: 8,1. a drainage study for the entire subdivision. 8.2. a sewerage study to include providing service to the entire subdivision and showing what surrounding areas may be served by the main line extensions. 8.3, verification from the responsible authority that all the wells have been properly abandoned. 9. Final plan check fees shall be submitted with the first plan check submission. 10. All lots with sumps and water well facilities that front arterial or collector streets will have wall and landscaping to the appropriate 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. 11. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 22, 1997. 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. 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. PLANNING 14. 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 S: Trect$~6318~Exhl (prepared by LP) ~R,GINA~:::~ Exhibit "1" VTM 6318 page 3 Government Code Section 66474.2. 15. 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 indemnity, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" heroin) 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 provent the Applicant from challenging any decision by the City rolated 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. 16. The subdivision shall be developed in no more than four phases. 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. 17. If signatures of mineral rights owners and/or waivers of surface entry rights by recorded instrument, are obtained prior to recordation of the phase containing the drilling island, the phase may be recorded with lots as shown on the tentative map. RECREATION AND PARKS DEPARTMENT 18. 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 0.76 acres of land. If the number of dwelling units incroases or decreases upon recordation of a final map(s), the park land roquirement 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 roquires 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 and the recommendations of the Recreation and Parks and Recreation Department. Mitieation Measures: Cultural Resources 19. If during construction activities or ground disturbance, cultural rosources are uncoverod, 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 survey performed by Hudlow Cultural Resources, dated November 2003. S: Tracts~6318~Exhl (prepared by LP) Exhibit "1" VTM 6318 page 4 ADDITIONAL VOLUNTARY DEVELOPER IMPOSED CONDITIONS Developer shall install an informational kiosk in the model home area of the subdivision for the purpose of providing for the public; air quality information and literature. Air Quality mitigation fees, as set forth below, are due to the Bakersfield Foundation at time of the first recorded grading permit for Tentative Tract Map #6318. a. Mitigation fees ("funds") are based on current market price coupled with available alternative emission reduction opportunities within the City as follows: · Current Est. Trade Price · Estimated Retrofit Cost · Mitigation fee price · Required ROG offset mitigation · Requires NOx offset mitigation · Total Retrofit =$20,000 per ton =$19,000 per ton =$20,000 per ton =1.87 tons (see Table 9 of WZI Air Study) =2.48 tons (see Table 9 of WZI Air Study) =4.35 tons b. A total mitigation fee of $35,000 will be paid by the current property owner or its assigns. · 4.35 TONS ($20,000/ton) X (40%*) = 34,8000 Use 35,000 *Total Percentage of Air Emission due to out of Air Basin Sources. c. Funds will be placed in the Bakersfield Foundation Voluntary Mitigation Fund account. d. The Bakersfield Foundation may use the funds immediately or retain them to apply to future replacement, retrofit opportunities, purchase of open space land or other appropriate air quality mitigation measures. e. The Bakersfield Foundation shall retain sole discretion on use of the funds in the Bakersfield Voluntary Mitigation Fund account. S: Tracts~6318~xhl (prepared by LP) m ORIGINAL Exhibit "1" VTM 6318 page 4 ADDITIONAL VOLUNTARY DEVELOPER IMPOSED CONDITIONS Developer shall install an informational kiosk in the model home area of the subdivision for the purpose of providing for the public; air quality information and literature. Air Quality mitigation fees, as set forth below, are due to the Bakersfield Foundation at time of the first recorded grading permit for Tentative Tract Map #6318. a. Mitigation fees ("funds") are based on current market price coupled with available alternative emission reduction opportunities within the City as follows: · Current Est. Trade Price · Estimated Retrofit Cost · Mitigation fee price · Required ROG offset mitigation · Requires NOx offset mitigation · Total Retrofit =$20,000 per ton =$19,000 per ton =$20,000 per ton =1.87 tons (see Table 9 of WZI Air Study) =2.48 tons (see Table 9 of WZI Air Study) =4.35 tons b. A total mitigation fee of $35,000 will be paid by the current property owner or its assigns. · 4.35 TONS ($20,000/ton) X (40%*) = 34,8000 Use 35,000 *Total Percentage of Air Emission due to out of Air Basin Sources. c. Funds will be placed in the Bakersfield Foundation Voluntary Mitigation Fund account. d. The Bakersfield Foundation may use the funds immediately or retain them to apply to future replacement, retrofit opportunities, purchase of open space land or other appropriate air quality mitigation measures. e. The Bakersfield Foundation shall retain sole discretion on use of the funds in the Bakersfield Voluntary Mitigation Fund account, S: Tracts~6318~Exh l (prepared by LP) ORIGINAL ORIGINAL ' I 'ON .DY'dJ. .3AU. V.UG.L 9HLLS3A. L !!