HomeMy WebLinkAboutRES NO 302-04RESOLUTION NO. 802' 0'~
RESOLUTION UPHOLDING THE DECISION OF THE
PLANNING COMMISSION DENYING THE APPEAL,
ADOPTING THE NEGATIVE DECLARATION AND
APPROVING VESTING TENTATIVE 6351 LOCATED
ON THE SOUTHEAST CORNER OF PANAMA LANE
AND ASHE ROAD.
WHEREAS, on August 19, 2004 after conducting a public hearing during a regular
meeting, the Planning Commission adopted Resolution No. 109-04, conditionally approving Vesting
Tentative Tract Map 6351; 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 6351; 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 16 of the
Bakersfield Municipal Code; and
WHEREAS, at the request of the subdivider, said hearing was continued to the
meeting of October 20, 2004, November 3, 2004, and November 17, 2004; and
WHEREAS, testimony was heard during the public hearing; and
WHEREAS, proposed Vesting Tentative Tract Map 6351 is located on the southeast
corner of Panama Lane and Ashe Road as shown on location map attached as Exhibit "B;" and
WHEREAS, proposed Vesting Tentative Tract 6351 consists of 256 lots for purposes
of single family development and 1 sump lot on 82.22 acres zoned R-1 (One Family Dwelling)
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 location of a 15 acre public park has been identified to serve said
subdivision and surrounding future subdivisions; and
WHEREAS, said park is located in the southwest quarter of Section 27, T30S, R27E,
MDBM; 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
ORIG!NAL
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 air quality and
cultural resources to less than significant levels have been incorporated into the project; and
WHEREAS, said mitigation measures have been incorporated into the project as
conditions of approval listed in attached Exhibit wA"; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. All required public notices have been Riven. 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 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 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 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, toqether 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 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.
7. Mineral dqht owners' siqnatures may be waived on the final map pursuant to BMC
16.20.060 B.I. 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.I., the
party's right of surface entry has been or will be expressly waived by recorded document prior to
recordation of any final map.
8. In accordance with BMC 16.28.170 H, Ashe Road, Panama Lane and Berkshire Road
function as major streets 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.
9. The modification request for reverse corner lots does not appear to be detrimental to the
neighborhood.
10. A north-south local street connection between Phases 2 and 3 is necessary for improved
traffic circulation and the public welfare.
11. The subdivider of Vesting Tentative Tract Map 6351 shall dedicate said tract's
proportionate share of park land in the 15 acre park for purposes of orderly development, since the
same property owner owns both the land contained in Vesting Tentative Tract Map 6351 and the park.
12. The dedication and acquisition of the 15 acre park located in the southwest quarter of
Section 27, T30S, R27E, MDBM to serve this and surrounding subdivision is consistent with
Government Code Section 65402.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as
follows:
1.
2.
3
4.
5.
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.
The appeal is denied.
Vesting Tentative Tract 6351 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:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
NOV I 7 2004
APPROVED
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
Jeng /s: ~tracts~63511cclres. doc
November 4, 2004
EXHIBIT "A"
VESTING TENTATIVE TRACT 6351
CONDITIONS OF APPROVAL
PUBLIC WORKS
In a letter dated June 21,2004, the applicant requested deviations from the following
ordinance and policy requirements:
1.1. MC 16.28.160 - Request - modification to allow Diamond Street to exceed the 1,000'
maximum block length
Recommendation - DENY the request. Construct a north-south local street near lot 47
of phase 2 to connect phase 2 to phase 3.
1.2. B MC 16.28.170.P - Request - modification to allow reverse corner lots.
Recommendation APPROVE the request.
The developer is required to construct an improvement which is on the facilities list for the
Metropolitan Bakersfield Transportation Impact Fee (Ashe Road, Berkshire Road and
Panama Lane). 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.
3. Show as a designated remainder those areas outside the lots.
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.
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. Construct Panama Lane full ¼ width for the tracts frontage. Panama Lane is a
bicycle route and shall be widened accordingly. Install a right turn lane on
Panama Lane and Quarte. Note an additional 1 foot of paving is required at the
right turn lane for the bicycle lane.
5.1.2. Construct Ashe Road full ¼ width to the south curb return of Jewel. Note: the
existing asphalt pavement's structural section on Ashe Road will be verified to
determine if it meets thickness requirements. If it does not meet the necessary
thickness, it will be replaced to the centerline. Ashe Road is a bicycle route and
shall be widened accordingly.
By jeng I s:~tracts~6351~cc~ExhA, doc
November 4, 2004
p- rr]
ORIGINAL
Exhibit "A"
VTM 6351
Page 2 of 6
5.1.3. Construct a temporary turn around at the east end of Matara.
5.2. The following shall occur with Phase 2:
5.2.1. Construct Ashe Road to the phase two/three boundary.
5.2.2. Construct a right turn lane on Ashe Road at Jewel Street.
5.3. The following shall occur with Phase 3:
5.3.1 Construct Ashe Road full width to Berkshire Road
5.3.2 Construct a right turn lane on Ashe Road at Solitaire Street.
5.4 The following shall occur with Phase 4:
5.4.1 Construct Berkshire Road full ¼ width plus a 4 foot shoulder for the tract frontage
Prior to recordation of each Final Map, the subdivider shall
6.1. 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.
6.2. 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.
6.3. provide easements for required facilities not within the border of the phase being
recorded.
6.4. ensure that each cable television company provides notice to the City Engineer of its
intention to occupy the utility trench.
The treatment for the area between the back of sidewalk and the retention basin fence on
Diamond and Ivory shall be in accordance with Standard L-14 and the chain link fence shall
be 25' back of the sidewalk. 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.
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.
Prior to grading plan review, submit the following for review and approval:
9.1. a drainage study for the entire subdivision. Ensure the retention basin site is designed
to retain the drainage from the entire subdivision.
9.2. a sewerage study to include providing service to the entire subdivision and showing
what surrounding areas may be served by the main line extensions.
9.3. verification from the responsible authority that all the wells have been properly
abandoned.
10. Install traffic signal interconnect conduit and pull rope in all arterials and collectors. Install
conduit and pull ropes in future traffic signals.
11. Provide a waiver of direct access from all lots abutting Berkshire Road, Ashe Road and
Panama Lane.
By ~eng I s.'~tracts~6351~cc~ExhA.doc
November 4, 2004
Exhibit "A"
VTM 6351
Page 3 of 6
12. Final plan check fees shall be submitted with the first plan check submission.
13.
Turning movements at Solitare at Ashe Road, Jewel at Ashe Road and Quarte at Panama
Lane and 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.
14.
The subdivider shall either construct the equivalent full width landscaped median island in
Panama Lane and Ashe Road 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.
15. The use of interim, non-standard drainage retention areas shall be in accordance with the
drainage policy adopted by letter dated January 22, 1997.
16. 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.
17. 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
18
Prior to recordation of a final map, the subdivider shall dedicate land based on a park land
dedication requirement of 2.5 acres per 1,000 population in accordance with Chapter 15.80 of
the Bakersfield Municipal Code. Subdivider shall dedicate 1.95 acres for the park. If the
number of dwelling units increases or decreases upon recordation of a final map(s), the park
land requirement will change accordingly. Prior to recordation of a final map, the subdivider
shall enter into an agreement with the City to implement and satisfy this condition. The park
site is located on the west side of the north-south half section line of Section 27, T30S, T27E,
approximately 800 feet south of Berkshire Road. The park shall be bordered by two street
frontages: one street frontage on the east side of the park and one on the park's south side.
By ~eng I
November 4, 2004
In addition to the dedication of land for VTM 6351, the subdivider shall enter into an agreement
with the City prior to recordation of a final map to dedicate and reserve the 15-acre park located
in Section 27, T30S, T27E. The agreement shall specify the amount of acreage to be dedicated
for future residential subdivisions of the original parcel APN # 497-020-14. The agreement shall
set the price of the land designated for the park at its fair market value as currently zoned. This
price shall be used to acquire any land that is not dedicated. ~ ~A~,f,
s.'~tracts16351 ~cc~ExhA. doc ~-
Exhibit "A"
VTM 6351
Page 4 of 6
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 15.80. 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 the fee has begun.
PLANNING
19
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.
20
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.
21
The subdivision shall be developed in no more than 5 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.
22 Two reverse corner lots are approved as shown on the tentative map.
23 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
By ~eng I s:~tracts~6351~cc~ExhA, doc
November 4, 2004
ORIGINAl'
Exhibit "A"
VTM 6351
Page 5 of 6
Miti.qation Measures:
Air Quality:
24 Mitigation Measures for 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:
· Properly and routinely, maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods of time to reduce emissions
associated with idling engines.
· Encourage ride sharing and use of transit transportation for construction employee
commuting to the project sites.
· Use electric equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
· Curtail construction during periods of high ambient pollutant concentrations; this may
include ceasing of construction activity during the peak-hour of vehicular traffic on
adjacent roadways.
25 Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures set forth under
Regulation VIII, Fugitive PM~0 Prohibitions of the San Joaquin Valley Air Pollution Control
District. The following mitigation measures, in addition to those required under Regulation
VIII, can reduce fugitive dust emissions associated with these projects:
· All disturbed areas, including storage piles, which are not being actively utilized for
construction purposes, shall be effectively stabilized of dust emissions using water,
chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or
vegetative ground cover.
· All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized
of dust emissions using water or chemical stabilizer/suppressant.
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and
demolition activities shall be effectively controlled of fugitive dust emissions utilizing
application of water or by presoaking.
· When materials are transported offsite, all material shall be covered, or effectively
wetted to limit visible dust emissions, and at least six inches of freeboard space from the
top of the container shall be maintained.
· All operations shall limit or expeditiously remove the accumulation of mud or dirt from
adjacent public streets at the end of each workday. (The use of dry rotary brushes is
expressly prohibited except where preceded or accompanied by sufficient wetting to limit
the visible dust emissions. Use of blower devices is expressly forbidden)
· Following the addition of materials to, or the removal of materials from, the surface of
outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions
utilizing sufficient water or chemical stabilizer/suppressant.
· Within urban areas, trackout shall be immediately removed when it extends 50 or more
feet from the site and at the end of each workday.
· Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
By Veng I s:~ractst6351~cc /~xhA. doc
November 4, 2004
ORIGINAL
Exhibit "A"
VTM 6351
Page 6 of 6
· Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control
District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt
paving materials.
· Cease grading activities during periods of high winds (greater than 20 mph over a one-
hour period).
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
constructions site.
· Implementation of carryoutArackout mitigation measures, such as gravel pads, in
accordance with the requirements of SJVUAPCD Regulation VIII.
26 Mitigation Measures for Mobile Source Emissions
Transportation control measures and design features can be incorporated into the project to
reduce emissions from mobile sources. The below-listed control measure provides a strategy to
reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling and traffic congestion for
the purpose of reducing motor vehicle emissions. These features were incorporated into the
emission estimates for the project and are therefore required in order to achieve the emissio]~
level presented above:
· Incorporate sidewalks throughout the project, with adequate safety signage and
appropriate lighting. Connect sidewalks to any open space or recreational areas and to
nearby transit loading areas and/or shelters.
· Provide pedestrian and bicycle facilities, including street trees to shade the walkways
and/or Bikeways, and adequate bicycle parking.
· Select deciduous trees and locate them on southern and/or western exposures to shade
structures in summer and allow sun in winter.
· Install electrical outlets and/or natural gas lines in backyard or patio areas to encourage
electric landscaping equipment use and natural gas barbecues.
· Improve streets and traffic signals for intersections and street segments, which may
impact the surrounding local roadway system due to traffic, generated by the proposed
developments.
Cultural Resources:
27
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 Old River land
Company,' by Hudlow Cultural Resource Associates, July 2004.
By ~ieng t s:~ractst63511cc~ExhA, doc
November 4, 2004
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ORIGINAL
ORIGINAL