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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 W I-- ~ rl~ illllll ii n iiIr]llllllll rim Hii'ii iiiiITITI I FrlTIIIlllIITll IIIIIIIl?l~l IIII IIIII IIl~l ~lll I Itll I~I~IHIII~IIIII~III~IIIIIIIIIIIIIIII~II~IIIIIII~I~II~IIIII~IIIIIIIII~Iiiii.iiiII~IIIIII~III~I~IIII Z ORIGINAL ORIGINAL