HomeMy WebLinkAboutRES NO 273-04RESOLUTION NO. 2?3- 04
RESOLUTION UPHOLDING THE DECISION OF
THE PLANNING COMMISSION, DENYING THE
APPEAL, AMENDING THE CONDITION
CONCERNING RIGHT-TURN LANES, ADOPTING
THE NEGATIVE DECLARATION AND
APPROVING VESTING TENTATIVE PARCEL MAP
11052 GENERALLY LOCATED ON THE NORTH
SIDE OF STOCKDALE HIGHWAY BETWEEN THE
KERN RIVER CANAL AND ARVIN-EDISON
CANAL ALIGNMENTS.
WHEREAS, in accordance with the procedure set forth in the provisions of Title 16 of
the Municipal Code of the City of Bakersfield, Mclntosh and Associates, filed an appeal of the
Planning Commission's decision relative to the Conditions of Approval for Vesting Tentative Parcel
Map 11052, approved dudng the Commissions regular meeting of August 5, 2004; and
WHEREAS, Mclntosh and Associates, filed a written appeal stating objection to
Conditions Numbered 1.1.6 and 1.1.7 of Vesting Tentative Parcel Map 11052, relative to deceleration
lanes along Stockdale Highway; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as Wednesday, October 22, 2004, in the Council Chambers of City Hall, 1501 Truxtun
Avenue, Bakersfield, California, as the time and place for a public headng 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 headng; and
WHEREAS, proposed Vesting Tentative Parcel Map 11052 is generally located on the
north side of Stockdale Highway between the Kem River Canal and Arvin-Edison Canal alignments, as
shown on location map attached as Exhibit "2;" and
WHEREAS, proposed Vesting Tentative Parcel Map 11052 consists of a subdivision
containing 6 parcels for the purpose of commercial office development on 4.06 acres zoned C-O
(Commercial Office), as shown on attached E~ibit "3,"; and
WHEREAS, the application for Vesting Tentative Parcel Map 11052 was deemed
complete on May 21,2004; and
WHEREAS, the laws and regulations relating to CEQA and the Cityof Bakersfleld'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 hea~ng before the Planning
ORIGINAL
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 Council has considered and hereby makes the following findings:
All required public notices have been given. 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 20 days pdor 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 Neqative Declaration for the proposed proiect is the appropriate environmental
document to accompany project 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 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, toqether with the provisions for its desi,qn and improvement, is
consistent with the General Plan. (Subdivision Map Act 66473.5) The proposed density and
intensity of development are consistent with the Office Commercial land use classification of
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 ,qranted 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 ri(Iht owners' si,qnatures 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
Waivers of surface entry rights have been obtained by recorded document.
In accordance with General Plan, Circulation Element-Design Policy No. 6: Design and
locate site access driveways to minimi~ traffic disruption where possible considering
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Bakersfield as
items such as topography, past parcelization and other factors. The required deceleration
lanes providing access to the proposed parcels will minimize traffic disruption in this area.
In accordance with General Plan, Circulation Element - Design Policy No. 7: Minimize
direct and uncontrolled property access from arterials. The requirement for deceleration
lanes provides controlled access from this artedal street.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
follows:
1. The above recitals and findings incorporated herein, ara true and correct.
2. The Negative Declaration is hereby approved.
3
The decision of the Planning Commission to approve Vesting Tentative Parcel
Map 11052 is upheld.
4. The appeal by Mclntosh and Associates is denied.
Vesting Tentative Parcel Map 11052 is hereby approved, subject to the conditions
of approval, including an amendment to Condition of Approval No. 1.1.6 as shown
in attached E~hibit "1 ."
o0o ........
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~ORIGINA~:~
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 _.J~/~T._~_~.~, by the following vote:
COUNCILMEMBER COUCH, CARSON, BENHAM, MACGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY~/CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
OCT 0 6 7004
APPROVED
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Exhibits: A. Conditions of Approval
B. Location Map
C. Tentative Parcel Map
LP \\ S:~TP, ACTS\1052\CCVes.doc \\ September 29, 2004
m
EXHIBIT "A"
VESTING TENTATIVE PARCEL MAP 11052
CONDITIONS OF APPROVAL
PUBLIC WORKS
The following shall be done with the land division:
1.1.1. Dedicate and construct Stockdale Highway to full width for the frontage including curb,
gutter and sidewalk as necessary.
1.1.2. Access to Parcel 1 and Parcel 2 is allowed from the parking lot west of the site.
1.1.3. A shared access easement is required for all parcels.
1.1.4. There will be only 2 drive approaches allowed for parcels 3 through 6.
1.1.5. Access to Parcel 3 and Parcel 4 shall be by only one ddve approach centered where
Parcel 3 and Parcel 4 meet.
1.1.6. Right turn deceleration lanes shall be required at all access points except for the existing
driveway serving the parking lot located west of the site, unless a traffic study provided by
the subdivider demonstrates to the satisfaction of the City's Traffic Engineer that
deceleration lanes are unwarranted.
Prior to recordation of each Final Map, the subdivider shall
2.1. 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.
2.2. If it becomes necessary to obtain any off-site dght 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 secudty for the purchase and improvement of
said right of way.
2.3. provide easements for required facilities not within the border of the phase being recorded.
2.4. ensure that each cable television company provides notice to the City Engineer of its intention to
occupy the utility trench.
3. 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.
4. Prior to grading plan review, submit the following for review and approval:
4.1. a drainage study for the entire subdivision. Ensure the retention basin site is designed to retain
the drainage from the entire subdivision.
4.2. a sewerage study to include providing service to the entire subdivision and showing what
surrounding areas may be served by the main line extensions.
4.3. verification from the responsible authority that all the wells have been properly abandoned.
5. Install traffic signal interconnect conduit and pull rope in all arterials and collectors. Install conduit and
pull ropes in future traffic signals.
6. Final plan check fees shall be submitted with the first plan check submission.
7. Turning movements at Stockdale highway and the eastern drive approach shall be limited to dght in,
right out, and left in only. Turning movements at Stockdale highway and the ddve approach centered
on Parcel 3 and Parcel 4 shall be limited to right in and dght out only. There are no restrictions on
turning movements for the western drive approach, o~ ~,~.,~
Exhibit "A"
VPM 11052
page 2
8. All lots with sumps and water well facilities that front artedal 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 at the building setback with landscaping as approved by the Public Works and Parks
Directors.
9. The use of intedm, non-standard drainage retention areas shall be in accordance with the drainage
policy adopted by letter dated January 22, 1997.
10. 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 for the maintenance of landscaping associated with this tract. Said
covenant shall be provided to each new property owner through escrow proceedings.
11. It is recommended that the on-site sewer system shall be inspected with video equipment designed
for this purpose and as approved by the City Engineer. If the developer chooses to video the on-site
sewer system, then the following procedure is recommended: The television camera shall have the
capability of rotating 360°, 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
"Chain 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 "Chain 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.
12. 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
14 Prior to construction of in-tract water facilities, plans and specifications shall be approved by the City
Water Resources staff.
15 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 requirements 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
16 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.
17 In consideration by the City of Bakersfield for land use entitlements, including but not limited to slated
environmental approvals related to or adsing from this project, the applicant, and/or property owner
S. Tractsl l O52~Exh'l (prepared by LP)
ORIGINAL
Exhibit "A"
VPM 11052
page 3
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 attomey 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.
Kern River Ptan Element Policies
The site is subject to all pertinent policies of the Kern River Plan Element, which includes, but is not limited
to the following:
18 Siting of buildings and structures shall be designated to create an attractive and harmon/us relationship
with surrounding developments and the natural environment, and shall be supported by a lot-use
feasibility study approved by the Planning Director at the Site Plan Review stage (3.2.3 (2)).
19 Signs shall be limited to those necessary for directions and premises identification. Sign size, design,
color, texture, materials, and location shall to the greatest extent possible, be compatible with the open
space character of the area (3.2.3 (9)).
Mitigation Measures
20 In the event that cultural resources are unearthed, all work shall halt in the area of the find. A qualified
professional archaeologist shall be called in to evaluate the findings and make the appropriate mitigation
recommendations.
Recommendations ora Cultural Resources letter prapared by Three G/ds and a Shovel dated November
2003.
21 Prior to recordation of a final map, the subdivider shall submit to the Planning Depadment, a biological
repod prepared by a competent biologist identifying any significant areas necessary for protection. Prior
to approval of a grading plan and ground disturbance, a kit fox clearance shall be performed.
Kern River Plan Element (3.3.3 (2))
S: Tracts11052~Exh I (prepared by LP)
ARVIN-EDISON CANAL
GOSFORD ROAD
¢
COFFEE ROAD
ORIGINAL
EXHIBIT "C" .... .s,
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~ rMclNTos
ORIGINAL