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.
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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
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: :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
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