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HomeMy WebLinkAboutRES NO 020-05RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING DEVELOPMENT PLAN REVIEW NO. 64-1120 FOR CONSTRUCTION OF A VESTING TENTATIVE TRACT 6297 CONSISTING OF 316 UNIT SINGLE FAMILY LOTS, A PRIVATE PARK AND A PUBLIC PARK ON 81 ACRES ON CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF SOUTH OSWELL ST. AND NORTH OF FUTURE REDBANK ROAD. (ENGINEER- MClNTOSH & ASSOCIATES/ SUBDIVIDER-ADH CORPORATION). WHEREAS, Mclntosh and Associates filed an application requesting development plan review approval for a proposed tentative subdivision containing 316 lots for purposes of single family development, one lot for a pdvate park, a retention basin on 81.10 acres zoned R-l/PUD (One Family Dwelling-Planned Unit Development) as shown on attached site plan labeled Exhibit "C;" and WHEREAS, said proposed project is generally located on the east side of South Oswell Street and north of future Redbank Road as shown on attached map labeled Exhibit "B"; and WHEREAS, said project is an associated project of a General Plan Amendment and Zone Change (GPA/ZC# 03-1539), which included the area encompassing said project site; and WHEREAS, said project is an associated project of Vesting Tentative Tract 6297; and WHEREAS, said map included a request for modification to reduce the front yard dwelling unit setback, pdvate streets and altemate street and lot design; and WHEREAS, said Negative Declaration is applicable to and appropriate for this project; and WHEREAS, the Planning Commission through its Secretary set Thursday, November 4, 2004, at the hour of 5:30 p.m., in the Council Chamberof City Hall, Bakersfield, California, as the time and place for a public hearing before said Commission and notice of said hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, at said headng the issue was duly heard and considered, and the Planning Commission approved said development plans as the project would meet all required development standards and mitigation; and WHEREAS, the Planning Commission forwarded their recommendation to the City Council recommending approval of the development plans; 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 WHEREAS, an initial study was prepared for the odginal project of the subject property and a negative declaration was adopted on August 18, 2004 for related GPNZC 03-1539; and WHEREAS, in accordance with CEQA section 15162, no further environmental documentation is necessary because no substantial changes to the odginal project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no environmental impacts have been identified; and WHEREAS, the City Council through its Clerk set January 12, 2005, at the hour of 7:00 p.m., in the Council Chamberof City Hall, Bakersfield, California, as the time and place for the Council's consider said site plan; and WHEREAS, at the above mentioned meeting date, all evidence concerning the project was considered by the Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD as follows: All required public notices have been Riven. Headng notices regarding the poposed 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 prior to the headng. 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 for the odginal project (GPNZC 03-1539) of the subject property and a Negative Declaration was adopted on August 18, 2004 for related GPA/ZC 03-1539 and duly noticed. Said Neqative Declaration for the proposed project is the appropriate environmental document to accompany project approval. In accordance with CEQA Section 15162, no further environmental documentation is necessa~/because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. The project will not significantly impact the physical environment, because mitigation measures relating to cultural resources, air quality have been incorporated into the project. 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 Low 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. The conditions of approval are necessary for ordedy development and the public health, welfare and safety. That the development plan as conditioned in attached E~ibit "A" and as shown in attached Exhibit "C," is hereby approved. .......... 000 .......... -2- 0 !;(?,NAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City o_f Bakersfield at a regular meeting thereof held on JAN $ 200§ , by the following vote: NOES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD. HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER PAMELA A. McCARTHY, C~C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney Exhibits: A. Conditions of Approval B. Location Map C. Site Plan Jeng I S:ITRACTS~6297~pd~cc[CC Res. doc January 6, 2005 -3- : :ii(~iNAL EXHIBIT "a" PLANNED DEVELOPMENT REVIEW #04-1120 CONDITIONS OF APPROVAL Subdivider shall construct the private 0.91 acre park prior to or concurrently with recordation of the third phase of Vesting Tentative Tract Map 6297. The private park shall at a minimum include a shade trellis with 4 barbecues and picnic area, 6 other picnic table/benches placed throughout the park, landscaping, trees and open turf area, as shown on the Preliminary PUD Plan. Private improvements shall be maintained by the homeowners association. With recordation of the first phase depicting residential lots abutting the public park, the subdivider shall construct a six foot high masonry wall along both the north and east sides of the public park. Wall shall be measured from highest adjacent grade. Necessary for orderly development. 3 The following modifications are conditionally approved as follows: 3.1 Approve private gated interior streets that shall be maintained by homeowners association. 3.2 Approve 50' R-O-W & 40" flowline, landscaped medians at entry. Private streets, landscaping on interior streets, park and other common areas shall be maintained by homeowners association. 3.3 Approve sidewalk width reduction from five feet to four for private streets. Four foot width measurement of sidewalk shall not include curb and that a 4' minimum clear sidewalk width is maintained around any obstructions. 3.4 Reduction of the front yard setback from 25 feet to 20 feet is approved. Subdivider/developer shall provide a minimum 20-foot long setback (measured from right-of-way line shown on the tentative subdivision map) and roll up garage doors for each residential lot. All other yard and dwelling unit setbacks shall comply with the City's Zoning Ordinance. (Examples: side and rear yard setbacks) With a 20-foot setback and regular garage doors, residents cannot pull all the way up to the garage door because the door must swing out to open. This is a health and safety concern for staff because it people would walk in the travel lanes. With a roll-up door, the residents can pull up closer to the door, therefore making room for pedestrians to use the sidewalk. 4. Provide gate analysis and revise the design as required to comply with the ordnance (15.64.320 Section 902.2.4.3 amended). The present configuration appears to serve no more than 150 lots or less. (Public Works Condition) 5. The public landscaping will end at the start of the returns (entry) and the association will be responsible for maintenance. (Rec & Parks Condition) Needed for orderly development. Note: the "start of the returns" refers to the point where the wall begins the comer return along the public street. By jeng I ~S:ITRACTS~6297~oo~c~PD ExhA.DOC January 6, 2005 Exhibit "A" PD Rev. #04-1120 Page 2 of 6 6. Prior to recordation of the final map, the subdivider shall provide written confirmation from the Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR) to the Planning Director stating that all oil wells are accurately depicted on the proposed final map (map to be attached to letter) and have been leak tested and abandoned to the satisfaction of DOGGR. Police power based on pubfic health, welfare and safety. In the event a previously undocumented well is uncovered or discovered on the project site, the subdivider is responsible to contact the Department of Conservation's Division of Oil, Gas, an Geothermal Resources (DOGGR). The subdivider is responsible for any remedial operations on the well required by DOGGR. Subdivider shall also be subject to provisions of BMC Section 15.66.080 (B.) Police power based on public health, welfare and safety. Mitigation Measures from GPA/ZC 03-1539 (City Council Resolution No. 235-04): 8. Cultural Resources: 8.1 If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. 8.2. If cultural resources are unearthed during ground disturbance activities, 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. 9. Air Quality 9.1 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, By I jeng IS:ITRACTS~6297~3~cc~PD ExhA.DOC January 6, 2005 Exhibit "A" PD Rev. #04-1120 Page 3 of 6 9.2 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. · Ail 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. · 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 carryoutJtrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVUAPCD Regulation VIII. Conditions continued on next page. By I jeng IS :I TRAC TSt629 7~od~cc~PD ExhA. DOC January 6. 2005 ~ iCHAL Exhibit "A" PD Rev. g-04-1120 Page 4 of 6 SITE PLAN REVIEW- PD REVIEW # 04-1120 (RELATED TO TENTATIVE TRACT 6297) CONDITIONS AND ORDINANCE COMPLIANCE The following are specific items that you need to resolve before you can obtain a building permit or be allowed occupancy. These items include conditions and/or mitigation required by previous site entitlement approvals (these will be speciftcally noted), changes or additions that need to be shown on the final building plans, alert you to speciftc fees, and other comments that will help you in complying with the City's development standards. The item will note when it is to be completed and each has been grouped by department so that you know who to contact if you have questions. DEVELOPMENTSERV1CES-BUILDING (staffcontact-MikeQuon 661/326-3676) Independent of the final building plans the developer shall submit separately 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. A final soils report shall also be submitted to the Building Division before they can issue a building permit. Please note that approved grading plans must also match final building site plans and landscaping plans. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit for each dwelling unit. 3. The drainage sump shall be designed and fenced in accordance with Public Works standards. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673) I. The minimum parking required for this project has been computed based on use and shall be as follows: No. of Parking Required Use Dwelling Units Ratio Parking Single Family Residential 316 D.U.'s 2 spaces/D. U. 632 spaces Total Required 632 spaces (Note: A ~wo-car garage is shown with the home for each lot.) 2. Minimum parking stall dimensions shall be 9' wide x 18' long. Habitat Conservation fees shall be required for this project and will be calculated based on the fee in effect at the time we issue an urban development permit (includes grading plan approvals) as defined in the Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). This fee is currently $1,240 per gross acre, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance occurs. A Park Development and Improvement Fee shall be paid at the time a building permit is issued for each home. We will base this fee at the rate in effect at the time related Vesting Tentative Tract 6297 was deemed complete. The current fee is $1,275 for each independent residential unit. By I jeng IS.'ITRACTSI6297~t~I~ccV=D ExhA.DOC January 6, 2005 Exhibit "A" PD Rev. #04-1120 Page 5 of 6 Refuse collection bin enclosures and container areas are subject to all required structural setbacks from street frontages, and shall not reduce any parking, loading or landscaping areas as required by the zoning ordinance. C. FIRE DEPARTMENT (staffcootact-DaveWeirather 661/326-3706) 1. Show on the final building plans the following items: All fire hydrants, both offsite (nearest to site) and on-site. Include flow data on all hydrants. Hydrants shall be in good working condition and are subject to testing for verification. Fire flow requirements must be met prior to construction commencing on the project site. Please provide 2 sets of the engineered water plans to Dave Weirather. (Note: All newfire hydrants mast be purchased from the Fire Department.) b. Project address for each home. c. Name and phone number of the appropriate contact person. All access (permanent and temporary) to and around any building under construction must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent water ponding. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. D. PUBLIC WORKS - ENGINEERING (staff contact - George Gillburg 661/326-3997) The developer shall consa-uct curbs, gutters, cross gutters, 4'6" wide sidewalks, and street/alley paving along all streets according to approved PUD. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. 2. All street lights shall be shown on the final improvement drawings. The developer shall construct standard handicap ramps at all comers of all streets according to adopted city standards. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. The developer shall install new connection(s) to the public sewer system for each home. This connection shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. If a grading plan is required by the Building Division, building permits will not be issued until the grading plan is approved by both the Public Works Department and Building Division. A street permit from the Public Works Deparanent shall be obtained before any work can be done within the public right-of-way (streets, alleys, easements). Please include a copy of this site plan review decision to the department at the time you apply for this permit. A sewer connection fee shall be paid at the time related Vesting Tentative Tract 6297 was deemed complete. We will base this fee at the rate in effect at the time a building permit is issued. By I jeng IS.'tTRACTSI6297~pd~cc~PD ExhA.DOC danua/y 6, 2005 If the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No. 92-08-DWQ) must be filed with the State Water Resources Control Board in Sacramento before the beginning of any construction activity. Compliance with the general permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be Exhibit "A" PD Rev. ~t04-1120 Page 6 of 6 prepared, continuously carried out, and always be available for public inspection during normal construction hours. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued for each home. This fee will be based at the rate in effect at the time related Vesting Tentative Tract 6297 was deemed complete. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. 10. The developer shall, along the entire frontage of the development within South Oswell Stxeet, either construct a landscaped median island or pay $40 per linear foot to the city for construction of the median island (½-width). Building permits will not be issued until one of these options is approved by the Public Works Department. 12. The developer shall form a maintenance district for maintaining the landscaped median island within South Oswell Slxeet along the entire frontage of the development. 13. The developer shall dedicate additional road right-of-way to the City of Bakersfield along South Oswell Street to full arterial width according to adopted city standards. 14. The developer shall dedicate additional road right-of-way to the City of Bakersfield along South Sterling Road and Redbank Road to full collector street width according to adopted city standards. PUBLIC WORKS - TRAFFIC (staffcontact-GeorgeGillburg 661/326-3997) I. Provide gate analysis and revise the design as required to comply with the ordinance (15.64.320 Section 902.2.4.3 amended). The present configuration appears to serve no more than 150 lots or less. Fo PUBLIC WORKS - SOLID WASTE (staffcontact - John Wiiburn 661/326-3114) You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and/or recycled materials. Collection locations must provide enough containment area for the refuse that is generated by the businesses without violating required zoning restrictions (see Planning Division items). Levels of service are based on how often collection occurs as follows: · Can or cart service -- · Front loader bin service -- · Roll-offcompactor service -- I cubic yard/week or less 1 cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day 2. Each single family residence must use individual automated refuse/recycling carts. Fees are automatically collected based on a per-parcel charge. By I jeng lS:ITRACTSt6297~odlcc~PD ExhA,DOC January 6, 2005 LU 3 Hi z~ i .~' : ~-:-+ --m ..... t~-'m x-Z- ~" '-wT~:' ' ~: ' ~ ~ *..X~.,,~- ~--'__:T~e../ I ~ I C: NAL ~3]~1% %OLV9 JO ~