HomeMy WebLinkAboutRES NO 208-05
RESOLUTION NO. 2 0 8 - 0 5'
RESOLUTION UPHOLDING THE DECISION OF THE
PLANNING COMMISSION APPROVING VESTING
TENTATIVE TRACT 6328 LOCATED ON THE SOUTHWEST
CORNER OF PANAMA LANE AND MOUNTAIN VISTA ROAD,
AND DENYING THE APPEAL BY THE SIERRA CLUB.
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 an appeal of the Planning
Commission's approval relative to Vesting Tentative Tract 6328 during the Commission's regular
meeting of May 19, 2005; and
WHEREAS, Sierra Club, the appellant, filed a written appeal with the City Clerk; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as Wednesday, September 7, 2005, in the Council Chambers of City Hall, 1501 Truxtun
Avenue, Bakersfield, California, as the time and place for a public hearing before said City Council
on said appeal, and notice of the public hearing was given in the manner provided in Title Sixteen
of the Bakersfield Municipal Code; and
WHEREAS, testimony was heard during the public hearing of the City Council; and
WHEREAS, proposed Vesting Tentative Tract 6328 is located on the southwest
corner of Panama Lane and Mountain Vista Road, as shown on location map attached as Exhibit "B;" and
WHEREAS, proposed Vesting Tentative Tract 6328 consists of 298 lots for purposes
of single family development and 1 sump lot on 79.83 acres, zoned R-1 (One Family Dwelling)
including a request for alternate lot design, and waiver of mineral interest pursuant to BMC Section
16.20.060 A 1; and
WHEREAS, on August 18, 2004, the City Council adopted a Negative Declaration and
approved General Plan Amendment and Zone Change 04-0435 consisting of the subject property; and
WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's
CEQA Implementation Procedures, have been duly followed by city staff and the Planning
Commission, and City Council; and
WHEREAS, for the above described project, an initial study was conducted and it was
determined that the proposed project would not have a significant effect on the environment and a
Negative Declaration was prepared and adopted for related GPNZC 04-0435 on August 18, 2004 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; and
WHEREAS, said mitigation measures have been incorporated into the project as
conditions of approval listed in attached Exhibit "A"; and
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WHEREAS, the Council has considered and hereby makes the following findings:
1. All reauired public notices have been aiven. 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 20 days prior to the hearing,
2. The provisions of CEOA and City of Bakersfield CEOA 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 Neaative Declaration for the proposed proiect is the appropriate environmental
document to accompanv proiect approval. In accordance with CEOA, staff prepared an
initial study for the proposed project and indicated that because mitigation measures
relating to air quality and cultural resources 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, toaether with the provisions for its desian and improvement.
is consistent with the General Plan. (Subdivision Map Act 66473.5) The proposed
density and intensity of development are consistent with the professional office 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. A negative declaration was adopted on August 18, 2004 for related GPNZC 04-0435. In
accordance with CEOA Section 15162, no further environmental documentation is
necessary because no changes to the original subdivision are proposed, there are no
substantial changes in circumstances under which the project will be undertaken and no
new environmental impacts have been identified.
7. Mineral riaht owners' sianatures mav be waived on the final map pursuant to BMC
16.20.060 A.1. 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 A.1., 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, Panama Lane, an arterial street, and Berkshire
Road, a collector street 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 request for reduced lot width and depth for lots adjacent the land in process of
annexation (Panama # 17) to the City combined with the recordation of a temporary non-
agricultural easement on the west side of the project site would not be detrimental to the
orderly development of the area.
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10. The request for reduced lot width and depth for lots adjacent the agriculturally zoned land
adjacent the south half of the subject property is denied.
11. The conditions of approval are necessary for orderly development, and the public health,
welfare and safety.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as
follows:
1. The above recitals and findings incorporated herein, are true and correct.
2. The Negative Declaration adopted relative to General Plan Amendment # 04-
0435 is adequate for this project.
3 The decision of the Planning Commission is upheld, subject to mitigation
measures and conditions of approval shown in attached Exhibit "A"
4. The appeal is denied.
5. Vesting Tentative Tract Map 6328 is hereby approved, subject to the mitigation
measures and conditions of approval shown in attached Exhibit "A"
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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
SEP 7 2tfOJ by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cler
Council of the City of Bakersfield
SEP 7 2005
HAR EY L. HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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Exhibits: A, Conditions of Approval
B. Location Map
C. Tentative Tract Map
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EXHIBIT "A"
VESTING TENTATIVE TRACT 6328
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. The developer is required to construct an improvement which is on the facilities list for the
Metropolitan Bakersfield Transportation Impact Fee (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.
2, 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.
3. Pointe Royal Drive shall have a temporary cul-de-sac bulb installed at the western tract
boundary.
4. The subdivider shall construct the full width landscaped median island in Panama Lane.
The median fee paid by Tract 6104 on the north side of Panama Lane will be provided to
help pay for the cost of the median island.
5, Cross gutters will not be allowed at Maralena Drive and Montemar Way.
6. 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.
6.1. The following shall occur with Phase 1:
6.1.1. Construct Panama Lane full Yo width for the frontage of the tract including fully
landscaped median island.
6,1.2. Construct Mountain Vista Drive to Seriana Drive.
6.2. The following shall occur with Phase 2:
6.2.1. Construct Mountain Vista Drive to Sonrisa Drive.
6.3. With Phase 3, Construct Mountain Vista Drive to Berkshire Road. Construct Berkshire
Road for Yo width for the frontage. Install barricade west of Amarante Way,
7, Prior to recordation of each Final Map, the subdivider shall
7.1. 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 "/>'k '"
improvements have been completed by the subdivider and accepted by the City. C~~" qcr
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Exhibit "A"
VTM 6328
Page 2 of 7
7,2. 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.
7.3. The subdivider is responsible for verifying that existing streets within the boundary of
the tract are constructed to city standards and he will reconstruct streets within the
boundary not to standard.
7.4, provide easements for required facilities not within the border of the phase being
recorded.
7,5. ensure that each cable television company provides notice to the City Engineer of its
intention to occupy the utility trench.
8. 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.
9. Prior to grading plan review, submit the following for review and approval:
9,1, a drainage study for the entire subdivision and the property located to the west
proposed to be annexed as Panama #17, 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 the property
located to the west proposed to be annexed as Panama #17, 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. Final plan check fees shall be submitted with the first plan check submission.
12. A waiver of direct access is required for all lots abutting Panama Lane, Mountain Vista Drive
and Berkshire Road,
13. Turning movements at Villa rente Way at Panama Lane shall be limited to right in, right out,
and left in only. Medians shall be constructed in Panama Lane.
14. 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 with landscaping as approved by the Public Works and Parks
Directors.
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:<. <¡:,¡\Ií:"'-9
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Exhibit "A"
VTM 6328
Page 3 of 7
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.
18. Project is subject to the conditions of General Plan Amendment/Zone Change #04-0435,
City Council Resolution No. 243-04 and Ordinance 4206.
WATER RESOURCES
19. Prior to construction of in-tract water facilities, plans and specifications shall be approved by the City
Water Resources staff.
20. Lot(s) may be necessary, as determined by the Water Resources Department, within the
subdivision for the purposes of drilling and equipping domestic water well facilities. Prior to
recordation of the first final map, subdivider shall enter into an agreement with the City that
identifies the location and size of the lot for the well, the time of acquisition, and other terms and
conditions related to the real property. Before acceptance of the lot(s), a full environmental and
hazardous materials review (surface and subsurface soils) must be conducted. Property for the
deepwell site(s) is to be dedicated or may be purchased by the City and must have free and
clear title. The lands may be included as part of other City facilities, such as City of Bakersfield
parks, storm drain sumps, etc.
Note to developer: You should contact the Water Resources Dept. at least 6 months before your the
date you anticipate to record a final map.
21. The City's normal fire protection service flows are 2500 gallons per minute (g.p.m.). In certain areas
and in certain zoning, fire flow requirements (as determined by the City andlor County Fire
Department) are in excess of the 2500 g.p.m. limit. Fire flow requirement in excess of 2500 g.p.m.
shall require developer fees of $0.50/g.p.m.lacre in excess of 2500 g.p,m. or equivalent facilities.
Prior to recordation of each phase, subdivider shall submit to the Public Works Dept. verification that
fees have been paid,
22. Prior to recordation of each final map, subdivider shall submit a water will serve letter and
confirmation from the City of Bakersfield Water Resources Department that water fees have been
paid to the Water Resources's satisfaction.
RECREATION AND PARKS
23. Prior to recordation of a final map, the subdivider shall pay an in-lieu fee based on a park land
dedication requirement of 2.5 acres per 1000 population in accordance with Chapter 15,80 of the
Bakersfield Municipal Code. If the number of dwelling units increases or decreases upon
recordation of a final map(s), the park land requirement will change accordingly, Refer to BMC
Chapter 15.80 and the Planning Information Sheet regarding calculation and payment of in-lieu fee,
In accordance with Government Code Section 66020(d), you are hereby notified that the 90-day
period in which you may protest the imposition of this fee has begun.
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August 22, 2005
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Exhibit "A"
VTM 6328
Page 4 of 7
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.
CITY ATTORNEY
24. 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, andlor
property owner andlor 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,
PLANNING
25. 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.
26. The subdivision shall be devoloped in no more than three phases, Phases shall be identified
numerically and not alphabet.ically,
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.
27. The map shall become effective on the completion date of the annexation (Annexation #4791
Panama #15) and no map may record prior to this date, Annexation of the area shall be
completed within one year of the Planning Commission hearing to consider this map
Subdivision Map Act Section 66454.
28, Subdivider shall install 6-foot high wall and landscaping to City standards along Mountain Ridge
Drive to match the wall and landscaping on Panama Lane and Berkshire Road.
Orderly development.
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August 22, 2005
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Exhibit "A"
VTM 6328
Page 5 of 7
29, 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 public health, welfare and safety.
30, Prior to filing the first final map, the Parcel Map Waiver application shall be approved by the
County of Kern and the Certificate of Compliance recorded to eliminate the 170 foot +1- gap
between the west boundary of this subdivision and the parcel adjacent the southern half of the
subdivision. Subdivider shall submit evidence this conditions has been satisfied to the Planning
Director prior to the recordation of the final map,
Orderly development,
31. Modification to reduce lot width and depth adjacent agricultural zone.
31.1. The request to reduce lot width and depth for lots abutting agriculturally zoned land
adjacent the property proposed to be annexed as Panama #17 is approved and the
covenant restricting agricultural uses on land within 50 feet west of the west boundary of
this subdivision is to be recorded with the final map. The covenant shall be in effect until
the time the property (Panama # 17 annexation) is re-zoned and developed for residential
uses. Covenant shall be approved by the Planning Director prior to its recordation.
31.2 The request to reduce lot width and depth for lots abutting agriculturally zoned land
adjacent the southern portion of the subdivision not requested to be annexed to the City is
denied, Prior to recordation of a final map, subdivider shall submit a map to the Planning
Director showing the re-design of the lots to meet minimum lot size standards. However, if
the adjacent property is re-zoned to non-agricultural/non-residential suburban (RS) zone
prior to recordation of a final map for VTM 6328, the requirement for lots to meet the lot
size standards adjacent agricultural zone is unnecessary as determined by the Planning
Director.
Orderly development.
Mitiaation Measures
Cultural ("Phase 1 Cultural Resource Assessment" bv Three Girls and a Shovel (April 2004»
32, 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.
33. 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.
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August 22, 2005
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Exhibit "A"
VTM 6328
Page 6 of 7
Air Qualitv ("Air Qualitv Impact Studv"' bv WZI. Inc, (March 2004»
34. 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.
35. Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures set forth under
Regulation VIII, Fugitive PM10 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).
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August 22, 2005
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VTM 6328
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· 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 carryouUtrackout mitigation measures, such as gravel pads, in
accordance with the requirements of the SJVUAPCD Regulation VIII.
36, 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 emission level presented above:
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August 22, 2005
·
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.
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