HomeMy WebLinkAboutRES NO 274-04274*04
RESOLUTION UPHOLDING THE DECISION OF THE
PLANNING COMMISSION DENYING THE APPEAL,
ADOPTING THE NEGATIVE DECLARATION AND
APPROVING VESTING TENTATIVE 6347 GENERALLY
LOCATED ON THE WEST SIDE OF ALFRED HARRELL
HIGHWAY, APPROXIMATELY ONE-HALF MILE NORTH
OF HIGHWAY 178.
WHEREAS, on August 19, 2004 after conducting a public hearing during a regular
meeting, the Planning Commission adopted Resolution No. 108-04, conditionally approving Vesting
Tentative Tract Map 6347; and
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 a written appeal of the
Planning Commission's approval relative to Vesting Tentative Tract 6347; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as Wednesday, October 6, 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 Map 6347 is generally located on the west
side of Alfred Harrell Highway, approximately one-half mile north of Highway 178 (S.R. 178), as shown on
location map attached as Exhibit "B;" and
WHEREAS, proposed Vesting Tentative Tract 6347 consists of 36 lots for purposes of
single family development and 1 lot for a private park, on 18.96 acres zoned R-1 (One Family
Dwelling) and R-1 HD (One Family Dwelling Hillside Development) zone including a request for
alternate lot and street design, as depicted on the map attached as Exhibit "C;" and
WHEREAS, the application was deemed complete on June 24, 2004; 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 Planning Commission 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, recommended mitigation measures reduce impacts to paleontology,
cultural resourcos and biota to less than significant levels have been incorporated into the project; an~ ¢~-x)
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:
1. 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 prior to the hearing.
2. 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.
3. A Ne,qative Declaration for the proposed project 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 because mitigation measures relating to paleontology, cultural
resources and biota have been incorporated into the project, the project will not significantly impact the
physical environment.
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 parcels to be created.
5. The proposed subdivision, tof:lether with the provisions for its desiqn and improvement, is
consistent with the General Plan. (Subdivision Map Act 66473.5) The proposed density and intensity of
development are consistent with the Iow 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.
6. The oroiect must be granted 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.
7. Mineral riqht owners' si,qnaturas may be waived on the final map pursuant to BMC
16.20.060 B.3. The applicant has provided evidence with the project application that it is appropriate to
waive mineral right owner's signatures because in accordance with BMC Section 16.20.060 B.3., the
subdivider intends to reserve (a) drill 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.
8. In accordance with BMC 16.28.170 H, Alfred Harrell Highway functions as a major
street as shown on the tentative map, therefore the abutting double frontage lots abutting are
reasonable due to controlling factors as traffic, safety, appearance and setback, and are approved
with construction of a 6-foot high masonry wall separating the residential lot and the major street.
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9. The modification requests for alternate street and lot design do not appear to be
detrimental to the public as conditioned.
10. The conditions related to the wall and landscape design, including a noise study if
needed, for the frontage along Alfred Harrell Highway are necessary for orderly development and the
public health, welfare and safety.
11. The conditions related to relocation of the P.T. & T. easement, the private park and
requirement for cul-de-sac lots to meet standard are needed for orderly development.
12. The secondary emergency access required to be constructed as conditioned is
necessary for orderly development and for the public health, welfare and safety.
13. The condition related to the drill site is necessary for the public health, welfare
and safety, and orderly development.
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 is hereby approved.
3 The decision of the Planning Commission is upheld.
4. The appeal is denied.
Vesting Tentative Tract 6347 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 ~, by the following vote:
COUNCILMEMBER COL~H. CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ,~ _("~ t"1%~
PAMELA A. McCARTH~ CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
OCT 0 $ ZOO4
Mayor 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
Jeng /s:~tracts~6347~cc~res. doc
September 15. 2004
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EXHIBIT "A"
VESTING TENTATIVE TRACT 6347
CONDITIONS OF APPROVAL
PUBLIC WORKS
In a letter dated June 15, 2004, the applicant requested deviations from the following ordinance and
policy requirements:
1.1. MC 16.28.160 - Request - modification to allow Valentino Drive to exceed the 1,000' maximum
block length
Recommendation - APPROVE the request.
1.2. SDM 3.4.1.1 .b - Request - modification to permit less than 500' minimum radius on local streets
Recommendation- APPROVE the request with the provision to provide as large a radius as
possible, by using other design standards, such as an off-set cul-de-sac, without causing
violations to lot depth standards.
1.3. BMC 16.28.070 - Request - permit private streets
Recommendation - APPROVE the request
1.4. BMC 16.28.170 F - Request - modification to allow non-radial and non-perpendicular lot lines at
Lots 12-16.
Recommendation - APPROVE the request.
1.5. MC 16.28.170 H - Request - modification to allow double frontage lots less than 200' feet deep
between a private street and a public local street.
Recommendation - APPROVE the request. Provided that a City approved block wall or fence is
constructed along Alfred Harrell Highway.
2. Install a crash gate at the terminus of Martinella Drive at Alfred Harrell Highway or as approved by
the City Engineer.
3. Install standard width sidewalk along one side of the streets within the tract.
4. Alfred Harrell Highway shall be constructed to expressway standards for the full frontage of this tract
in no more than 2 phases. The developer may have the option of forming a bridge and major
thoroughfare distdct for the construction of Alfred Harrell Highway
5. Construct a right turn deceleration lane on Alfred Harrell Highway at Valentino Drive. Alfred Harrell
Highway is a bike route and an additional 1 foot width will be required at the right turn lane for the
bicycle lane.
6. The subdivider shall install street lights on the interior, private streets. Prior to recordation of the first
final map, submit a street lighting plan for the interior streets.
7. A drainage plan for the subdivision shall be submitted for review and approval by the City Engineer.
No public water will be allowed to flow into the private portion of this tract, nor will any public water be
allowed to flow into a private sump.
8. Prior to acceptance of the public improvements by the City,
8.1. the subdivider's engineer shall
8.1.1. provide certification to the City Engineer that, except as otherwise provided, the
private improvements have been constructed to City standards, ordinances, and
policies, all in accordance with approved plans.
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September 15, 2004
Exhibit "A"
VTM 6347
Page 2 of 7
8.1.2. submit to the City Engineer copies of the sewer video cassette, forms, and his
inspection log.
8.2. written verification shall be obtained from the Fire Department that all gates, locks, and keys
have been installed or provided to their satisfaction.
9. A waiver of direct access is required for all lots abutting Alfred Harrell Highway.
10. The developer is required to construct an improvement which is on the facilities list for the
Metropolitan Bakersfield Transportation Impact Fee (Alfred Harrell Highway). 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.
11. 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
12. prior to recordation of the first Final Map
12.1. Because the ownership of the land does not include any rights of ingress or egress to or
from Alfred Harrell Highway, with those rights having been purchased with the right of way,
the subdivider shall arrive at a negotiated settlement with the City to allow the street
connection shown on his tentative map.
12.2. Submit full executed dedication to expressway width (210' maximum per 2010 General Plan)
for Alfred Harrell Highway. Include any additional dedication necessary for expanded
intersections, slopes etc.
13. 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.
13.1. The following shall occur with Phase 1:
13.1.1. Construct Alfred Harrell Highway to expressway standards from the northern
boundary to the Phase I / 2 boundary.
13.1.2. Construct a right turn deceleration lane at Valentino Drive.
13.2. The following shall occur with Phase 2:
13.2.1. Construct Alfred Harrell Highway to express way standards from the phase 1 / 2
boundary to the south boundary of the tract.
13.2.2. Construct the emergency access to Paladino Drive and along Paladino Drive's
right of way to the right of way of Alfred Harrell Highway.
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September 15. 2004
Exhibit "A"
VTM 6347
Page 3 of 7
14. Prior to recordation of each Final Map, the subdivider shall
14.1. 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.
14.2. 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.
14.3. 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.
14.4. 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 non-dedicated, shared facilities. Among those non-
dedicated, shared facilities will be the on-site sewer main lines and laterals and storm water
retention basin(s) and associated storm drain lines and appurtenant facilities.
14.5. provide easements for required facilities not within the border of the phase being recorded.
14.6. ensure that each cable television company provides notice to the City Engineer of its
intention to occupy the utility trench.
15. 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.
16. Prior to grading plan review, submit the following for review and approval:
16.1. a drainage study for the entire subdivision. Ensure the retention basin site is designed to
retain the drainage from the entire subdivision.
16.2. a sewerage study to include providing service to the entire subdivision and showing what
surrounding areas may be served by the main line extensions.
16.3. verification from the responsible authority that all the wells have been properly abandoned,
17. Install traffic signal interconnect conduit and pull rope in all arterials and collectors. Install conduit
and pull ropes in future traffic signals
18. Final plan check fees shall be submitted with the first plan check submission.
19. Turning movements at Valentino Drive shall be limited to right in, right out, and left in only. Construct
a median island 100 feet on each side of the intersection to ensure the turning movements are
restricted to those cited above. Construct additional paving south of the median island as directed by
the City Engineer. As an alternative, the developer may construct a left turn restrictor at the
intersection of the local street with the arterial. The restrictor design must be approved by the City
Engineer, and the developer must record a covenant disclosing to the residents that left turns out of
the intersection will not be allowed and that when the median is constructed, left turns will be
physically prohibited.
20. The subdivider shall either construct the equivalent full width landscaped median island in Alfred
Harrell Highway or pay his proportionate share of the cost for the future construction of the median.
Construction or payment shall be for the full width of the land being subdivided. The total cost may
be apportioned between the phases and paid prior to recordation of each phase if he elects to pay his
share of the costs for the future construction.
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Exhibit "A"
VTM 6347
Page 4 of 7
21. 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.
22. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage
policy adopted by letter dated January 22, 1997.
23. 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.
24. 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 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.
25.
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.
RECREATION AND PARKS
26. Prior to recordation of a final map, the subdivider shall pay an in-lieu fee based on a park land dedication
requirement of 2.0 acres per 1000 population in accordance with Chapter 15.80 of the Bakersfield
Municipal Code. 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
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 15.8 and the Specific
Parks and Trails Plan for Northeast Bakersfield.
27. Prior to recordation of a final map, subdivider shall dedicate the 20-foot wide trail adjacent the east
side of County Road #711-A.
Required by the Specific Parks and Trails Plan for Northeast Bakersfield.
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September 15, 2004
Exhibit "A"
VTM 6347
Page 5 of 7
PLANNING
28. 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.
29. 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 nbt obligated to use any law firm or attorney chosen by another entity
or party.
30. The subdivision shall be developed in no more than 2 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.
31. Prior to recordation of a final map, subdivider shall submit a "will serve" letter or other documentation
acceptable to the Planning Director from the water purveyor stating the purveyor will provide water service
to the phase to be recorded.
Required to for orderly development and provide for the public health, welfare and safety by ensuring
water service to the subdivision at the time of final map recordation because the water purveyor has
included an expiration date in the initial "will serve" letter.
32. Prior to recordation of a final map, subdivider shall obtain approval of conceptual plans for
landscaping and walls from the Planning Commission. A noise study will be required to be submitted
with the concept plans if the subdivider desires to construct a wall that is not the City standard solid
masonry wall.
Orderly development. Due to topography of the site, City standards do not apply and specific review
is needed to ensure orderly development.
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September 15, 2004
ORIGINAl'
Exhibit
VTM 6347
Page 6 of 7
33. If the subdivider desires to construct a view fence (view fence shall be either wrought iron or vinyl
with masonry columns at he property corners; proposed design and color to be determined
acceptable by staff, and fire resistant fencing is preferred) or other type of wall that is not a solid
masonry wall, the subdivider shall be required to retain a qualified consultant to have a noise study
prepared prior to recordation of a final map. (Note: the noise study will be required with the wall and
landscape plan application as described in Condition No. 32).
Required for public health, welfare and safety. Fencing materials agreed to by the applicant at the
public hearing.
34. The "Not a Part" lot and the drill island shall be lettered lots maintained by the Homeowners
Association.
35. Prior to recordation of a final map for this phase, the 10-foot wide P.T. & T. easement currently
located in Lots 24 and 25 shall be relocated to an alignment approved by the Planning
Director. The new alignment of the easement shall be to located to most reasonably lessen impact on
the residential lots.
Orderly development
36. The frontage of Lots 24 and 25 shall meet the minimum 35 foot length.
Orderly development.
37.
The lot proposed as the private park shall be designated as a lettered lot on the final map. Private
park shall be landscaped with turf and trees and constructed prior to recordation of Phase 2, and
be maintained by the homeowners association.
Orderly development to prohibit the residential development on the park lot and provide for
maintenance.
38. Prior to or concurrently with recordation of a final map, subdivider shall record an easement, deed
restriction, or other instrument acceptable to the City Attorney to encumber the drill site as shown on
the map. The instrument shall be submitted to the Planning Director for review by the City Attorney
prior to recordation.
Required for public health, welfare and safety and orderly development.
MITIGATION MEASURES:
Bioleqical:
39.
Although no evidence of kit fox was found on the project site, since they are know to exist in the
general area, all construction personnel are to be trained in sensitive species identification and
avoidance techniques and be instructed to look for kit fox during ground disturbance. Any
evidence, such as dens, should be avoided and reported to responsible agencies.
39.1
fox dens are to be monitored, excavated, and backfilled in accordance with the MBHCP,
CDFG and USF~VS.
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Conduct a preconstruction clearance survey within 30 days prior to initial ground disturbance
in accordance with the Metropolitan Bakersfield Habitat Conservation Plan, Any identified kit
ORIGINAL
Exhibit
VTM 6347
Page 7 of 7
39.2 Pdor to land disturbance the applicant is required to determine the presenca of Blunt-Nosed
Leopard Lizard in accordance with the industry protocol and mitigate accordingly.
Cultural Resources:
40. 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 as recommended by "Phase I Cultural Resource Survey for Tract Map 6347" (April
2004) by Hudlow Cultural Resource Associates.
Paleontolo(3ical Resources:
41. Prior to grading and/or earth-disturbing activities at elevations between 600 and 700 feet,
subdivider shall:
41.1. Submit a map delineating the areas within 600 and 700 feet elevation of the
subdivision to be disturbed.
41.2 Retain a qualified paleontologist to attend a pre-grading meeting, and set
forth the procedures to be followed during the monitoring program.
41.3 A full-time paleontological monitor that is trained and equipped to allow rapid
removal of fossils with minimal construction delay shall be on the project site
during ground disturbance activities within 600 and 700 feet elevation.
42. If fossils are found within an area being cleared or graded, earth-disturbing activities
shall be diverted elsewhere until the monitor has completed salvage of the fossils. If
construction personnel make the discovery, the grading contractor shall immediately
divert construction and call the monitor to the site for fossil salvage.
43.The project paleontologist shall prepare, identify and curate all recovered fossils. Upon
completion of grading, the project paleontologist shall prepare a summary report documenting
mitigation measures and results, with itemized inventory of collected specimens.
Paleontologist shall submit the report to the City of Bakersfield, and any other appropriate
agency, and transfer fossil collection to an appropriate depository.
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September 15, 2004
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