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Home My WebLink AboutRES NO 023-06 · - RESOLUTION NO. 0' -2 3':: (fa RESOLUTION UPHOLDING AND MODIFYING THE DECISION OF THE PLANNING COMMISSION APPROVING VESTING TENTATIVE TRACT 6655 LOCATED ON THE NORTHWEST CORNER OF VALLEY LANE AND BELLA DRIVE, AND DENYING THE APPEAL BY MR. TERRY CHILES. WHEREAS, in accordance with the procedure set forth in the provisions of Title 16 of the Municipal Code of the City of Bakersfield, Mr. Terry Chiles filed an appeal of the Planning Commission's approval relative to Vesting Tentative Tract 6655 during the Commission's regular meeting of December 1, 2005; and WHEREAS, Mr. Terry Chiles, the appellant, filed a written appeal with the City Clerk on December 8, 2005; and WHEREAS, Mr. Tenry Chiles, the appellant, filed a written withdrawal of the appeal with the City Clerk on January 20, 2006 based on Eagle Meadows Development, Ltd. LP, the applicant for Tentative Tract 6655, fully addressing his concerns and the addition of Condition 12 by Public Works (as shown in Exhibit 1); and WHEREAS, the City Council, through the City Clerk, set the time and place of the hearing as Wednesday, January 25,2006, 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, proposed Vesting Tentative Tract 6655 is located on the northwest corner of Valley Lane and Bella Drive as shown on location map attached as Exhibit "2;" and WHEREAS, proposed Vesting Tentative Tract 6655 consists of 171 lots, with 170 buildable lots and one sump, on 40.006 acres for purposes of single family development, zoned R-1 (One Family Dwelling) zone as shown in Exhibit 3; and WHEREAS, the Public Work Department has requested the following condition be added to the project based on a finding of orderly development: "Extend Vineland Road as an arterial to the east west collector shown as Campbell Hill Drive. Vineland is shown on the Circulation Element as terminating at this east west collector"; 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 approved by the Planning Commission on October 20, 2005, in conjunction with Project No. ZC 05-0531 and 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 'òkK~^, ,!.!.. '~n '-" .....n WHEREAS, recommended mitigation measures reduce impacts to air quality, cultural- rn resources and noise to less than significant levels; and '=8 r; oor.rNM WHEREAS, said mitigation measures have been incorporated into the project as conditions of approval listed in attached Exhibit "1"; and WHEREAS, the Council has considered and hereby makes the following findings: 1. All reauired cublic 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 10 days prior to the hearing. 2. The crovisions of CEQA and City of Bakersfield CEQA Imclementation Procedures have been followed. Staff determined that the proposed activity is a project and an initial study was prepared for the original project (File No. ZC 05-0531) of the subject property and a Negative Declaration was adopted on October 20, 2005 for related File No. ZC 05- 0531 and duly noticed 3. Said Neaative Declaration for the crocosed croiect is the accrocriate environmental document to accomcanv croiect accroval. In accordance with CEQA Section 15162, no further environmental documentation is necessary 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 and biota have been incorporated into the project. 4. Urban services are available for the crocosed develocment. 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 crocosed subdivision. toaether with the crovisions for its desian and imcrovement. is consistent with the General Plan. (Subdivision Mac 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. The croiect must be aranted a "de minimis: exemction with rescect to the cavment 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 Califomia 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 riaht owners' sianatures may be waived on the final mac cursuant to BMC 16.20.060 A.3. 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.3., the subdivider intends to reserve (a) drill island (s) for mineral access and has provided notice of such, as required in Section 16.20.060 B.3. to ea~'Oþ,I(t'i mineral owner and lessee of record. () ~ ).. - ~ rn ',.- r- L; () ')RIGINAl 8. In accordance with BMC 16.28.170 H, Campbell Hill Drive functions as a major street 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 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. That this map pertains to the Negative Declaration previously approved in conjunction with Project No. ZC 05-0531. 3 The decision of the Planning Commission is upheld and modified to add Public Works Condition Number 12, subject to mitigation measures and conditions of approval shown in attached Exhibit "1." 4. The appeal is denied, 5. Vesting Tentative Tract Map 6655 is hereby approved, subject to the mitigation measures and conditions of approval shown in attached Exhibit "A." --------000--------- 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 January 25, 2006 by the following vote: CAŸËS) 1IiõËS: ABSTAIN: ABSENT: ~ v ý' Yi./ l-- ¿,/ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARO, HANSON. SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~ fl- m{r~¡jfbi- PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN 2 5 2006 'òé-K¿;- \-:.< 'Zn " ." )., m 1--- r-. "(;, <:- ORIGINAL · ,~ HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~Î/ì- ~ Exhibits: 1. Conditions of Approval 2. Location Map 3. Tentative Tract Map elisheva \ \ S:\TRACTS\6655\AppeaM655 appeal CC res. doc 1/1812006 coMf ~'-' r;J' .,: >- >- m Õ r:; ORIGINAl EXHIBIT "1" VESTING TENTATIVE TRACT 6655 CONDITIONS OF APPROVAL PUBLIC WORKS 1. A waiver of direct access shall be required for all lots abutting any arterials and collectors; Campbell Hill Drive. 2. 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. 2.1.1. The following shall occur with Phase 1: 2.1.1.1. Construct Valley Lane to full Y:i width for the frontage. 2.1.1.2. Construct Bella Drive full Y:i width for the frontage 2.1.1.3. Construct Campbell Hill Drive full width for the frontage. 2.1.1.4. Approved, improved access must be provided to the tract. Improve Valley Lane from the tract boundary to Paladino. Minimum improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8 foot graded shoulders. 3. Prior to recordation of each Final Map, the subdivider shall 3.1. either payoff the assessments for Assessment District 93-1, or he shall request apportionment of the assessments from the old parcels to the new and pay all appropriate apportionment fees. 3.2. 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. 3.3. 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. 3.4. 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. 3.5. provide easements for required facilities not within the border of the phase being recorded. 3.6. ensure that each cable television company provides notice to the City Engineer of its intention to occupy the utility trench. 4. In addition to other paving requirements, on and off site road improvements may be required from any collector or arterial street to provide left turn channelization into each street (or access point) within the subdivision (or development), where warranted and as directed by the City Engineer. 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. 5. Prior to grading plan review, submit the following for review and approval: 5.1.1. a drainage study for the entire subdivision. Ensure the retention basin site is designed to retain the drainage from the entire subdivision. 5.1.2. a sewerage study to include providing service to the entire subdivision and showing what surrounding areas may be served by the main line extensions. 5.1.3. verification from the responsible authority that all the wells have been properly abandoned. By elisheva S:\TRACTS\6655\AppeaM655AppeaIExhl.DOC\ 1/30/2006 c-,~Ì\;{t,., 0' 'Tú' '<' ;>.. - s: J!! o Ö '1R!r;INA,l Exhibit "1" VTTM 6655 Page 2 of 6 6. Install traffic signal interconnect conduit and pull rope in all arterials and collectors. Install conduit and pull ropes in future traffic signals. 7. Final plan check fees shall be submitted with the first plan check submission. 8. 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. 9. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 22, 1997. 10. 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. 11. 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. 12. Extend Vineland Road as an arterial to the east west collector shown as Campbell Hill Drive. Vineland is shown on the Circulation Element as terminating at this east west collector. Condition added as a result of City Council meeting on January 25, 2006. RECREATION AND PARKS 13. 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. 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 14. 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, By efisheva S:\TRACTS\6655\AppeaM655AppeaIExhl.DOC\ 1/3012006 « I!>AK,,/. (-y ~f1 ~ ",--£" -, i-- fT' ~) t ORIC:NA' Exhibit "1" VTTM 6655 Page 3 of 6 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 15. 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. 16. 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 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 because the water purveyor has included an expiration date in the initial "will serve" letter. 16. 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 15.66080 (B.) Police power based on public health, welfare and safety. 17. Prior to submittal of any improvement plans, subdivider shall provide one 2-acre minimum drill site and access to City specifications within Vesting Tentative Tract 6655, as approved by the Bureau of Land Management (BLM) and the Planning Director or provide a letter from the Bureau of Land Management stating that a drill site is not needed. If a drill site is provided, subdivider shall submit written approval of the drill site from BLM to the Planning Department prior to submittal of improvement plans. With recordation of the first final map, a covenant on the drill site shall be recorded stating that the site is a drill site. The subdivider shall obtain approval of the covenant from the Planning Director and City Attorney prior its recordation. Required per recent discussions with Bureau of Land Management By a/ishava S:\ TRACTSl66551AppeaM655AppaaIExhl.DOC\ 1130/2006 ý {¡!<H·tÌy c· ,; "-- n r- r Õ <:: lR!G!NÞI Exhibit" 1" VTTM 6655 Page 4 of 6 MITIGATION MEASURES Air Qualitv (From ZC -0531 ) 18. 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 roadway 19. 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 off site, 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) ~\ t\ r\ t.:.- ~ \> '/5' o ú~ >- ¡.- J!1 Ô c:-: OR!G'NÞ.I ' By elisheve S:\TRACTS\6655\AppeaM655AppeeIExhl.DOC\ 1130/2006 Exhibit" 1" VTTM 6655 Page 5 of 6 · 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 stabilizerlsuppressant. · 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 carryout/trackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVUAPCD Regulation VIII. Bioloaical Resources: ("Biological Resource Assessment, Bakersfield 155 Project," (June 2005) by McCormick Biologicallnc.) (From ZC -0531) 20. Comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan and associated Section 10 (a) (1) (b) and Section 2081 permits issued to the City of Bakersfield. 21. Conduct a pre-activity survey not more than 30 days prior to the onset of construction activities for San Joaquin kit fox dens or other special-statues species that may occupy the project site. 22. All pipes, culverts or similar structures with a diameter of 4 inches shall be capped or blocked to prevent entry by San Joaquin kit fox dens or other wildlife. 23. All trenches or steep-walled excavations greater than 3 feet deep shall include escape ramps to allow wildlife escape. 24. All employees, contractors or other persons involved in construction of the project shall attend a "tailgate" session informing them of biological resource protection measures for this project. The orientation shall be conducted by a qualified biologist and include information on protected species, reasons for special status, summary of applicable environmental law and measures intended to reduce impacts. 25. Prior to land disturbance the applicant is required to determine the presence of Blunt-Nosed Leopard Lizard and mitigate accordingly. 26. Comply with Section 3503 and 3503.5 of the California Fish and Game Code regarding restricted construction activities near native bird or raptor nesting sites during breeding season. 27. Conduct a preconstruction survey for burrowing owl and comply with the Migratory Bird Act. 28. During construction, site boundaries shall be clearly marked with flagging or fencing to prevent construction activities to impact adjacent habitat land. Byefisheva S:I TRACTSI6655\AppeaM655AppeaIExhl. DOCI 1/3012006 0"',: i. ..'..../ 0' ',1 :>. ':: ,:; ORlr~NA í ._~_. ._..".~.._--_. -_.-.~~--... _.._-,---,_._--~._."--.----~ Exhibit "1" VTTM 6655 Page 6 of 6 29. All trash and food waste shall be disposed in closed containers and regularly removed from the site, There shall be no deliberate feed of wildlife. 30. Tamarisk (all species), pampas grass, and invasive exotic water-feature plants shall not be allowed. Cultural Resources: (Cultural Resource Survey (July 2005), by Archaeological Associates of Kem County (AAKC» (From ZC -0531) 31. If resources are uncovered during ground disturbance, subdivider shall stop work and consult with a qualified archeologist. Paleontoloav: (From ZC -0531) 32. Prior to grading andlor earth-disturbing activities at elevations between 600 and 700 feet, subdivider shall: a. Submit a map delineating the areas within 600 and 700 feet elevation of the subdivision to be disturbed. b. Retain a qualified paleontologist to attend a pre-grading meeting, and set forth the procedures to be followed during the monitoring program. c. A full-time paleontological monitor that is trained and equipped to allow rapid removal of fossils with minimal construction delay shall be on the project site during ground disturbance activities within 600 and 700 feet elevation. d. If fossils are found within an area being cleared or graded, earth-disturbing activities shall be diverted elsewhere until the monitor has completed salvage of the fossils. If construction personnel make the discovery, the grading contractor shall immediately divert construction and call the monitor to the site for fossil salvage. e. The project paleontologist shall prepare, identify and curate all recovered fossils. Upon completion of grading, the project paleontologist shall prepare a summary report documenting mitigation measures and results, with itemized inventory of collected specimens. Paleontologist shall submit the report to the City of Bakersfield, and any other appropriate agency, and transfer fossil collection to an appropriate depository. By elisheve S:\ TRACTS\66551AppeeM655AppeeIExh I.DOC\ 1/30/2006 ,<0Mf/,) () ~ >- ,_:: f!:! v t:.î ORIGINAL LO LO CD CD I- Ü ~ I- W > - ~ I- Z W l- e> Z - I- C/) W > ìt ~ ìt ~ ìt EXHIBIT "2" ~ " ~ co ìt ìt ;¡ -- ;j ~ ~ < '" ìt ìt < ...... r:i: ~ ~ « '" ~ ;j ~ c ~ ~ " ~ ~ '" ;j ~ ìt c I ~ ~ ~ ìt c å ~ ìt ìt ~ '" CH-V < ::\ .. ~ 1 ~ < W 8 0> z ~'òÄ~ ~-., cn- .::... Q) ~ 1.= 0 N o I- ;':D:'~"\I ,,1 >-' ø c:; m Z ~ ~. ~ ~ § z ~~ ~ ð ~ g ~:;; re z 9 ~ c..:S !!:1 0 ~ ~ ~ ~ ~ ~ w ffi on o að ~ 23 ~ N ~ W =' ci õ <õ~~æ:w- ~ 0 ì= g ~ ¡¡j t} a:: <:5 ~ ~ ¡r: w < W I- 0. 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