HomeMy WebLinkAboutRES NO 073-06
RESOLUTION NO. n '1 3 - 0 6
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD GRANTING THE APPEAL,
OVERTURNING THE PLANNING COMMISSION'S
DECISION, AND APPROVING VESTING
TENTATIVE TRACT 6433, GENERALLY LOCATED
ON THE NORTH AND SOUTH SIDES OF CASA
CLUB DRIVE WITHIN THE RIO BRAVO COUNTRY
CLUB AREA.
WHEREAS, Porter-Robertson Engineering, in accordance with BMC 17.64.090, filed an
appeal to the Planning Commission's decision denying approval of Vesting Tentative Tract 6433
on that certain property in the City Df Bakersfield as shown on the attached (Exhibit "1 "); and
WHEREAS, by Resolution No. 15-06, on January 5,2006, the Planning Commission
denied Vesting Tentative Tract 6433 by operation of law; and
WHEREAS, the City Council, through its Secretary, did set, WEDNESDAY, MARCH 8,
2006, at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue,
Bakersfield, Califomia, as the time and place Dr a public hearing before said City Council on
said application; and
WHEREAS, at least 10 days prior to said hearing date, a notice of said public hearing
was sent to all property owners within 300 feet of the prDject site; and
WHEREAS, the application included a request for private-gated streets; 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, for the above described project, an initial study was conducted and it was
determined that the proposed project would not have a significant effect on the environment and
a Negative Declaration was prepared at least 20 days prior to the public hearing, in accordance
with CEQA; and
WHEREAS, the application was deemed complete on September 12,2005; and
WHEREAS, the facts presented in the staff report and evidence at the above referenced
public hearings SUPPDrt the findings contained in this resolution; and
WHEREAS, the subdivider and property owner's representative proposed several
conditions of approval as follows:
1. A & E shall initiate and pay all fees and costs for a general plan amendment and a zone
change (A & E proposes June or September, 2006 schedule) to designate as Open Space
both the Rio Bravo Country Club Golf Course (see boundaries of area to be designated as
open space delineated on attached aerial map "Exhibit '3"'), and the property on which the
Hacienda Reservoir is located (the "Designated Properties"). If the change to Open Space
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is not approved or is subject to conditions that are not acceptable to A & E, or suit is filed to
stop approval, processing, or development of Tentative Tract 6433 or the proposed change
of land use designation for the Designated Properties to Open Space, or A & E determines it
is or will be unable to develop Tentative Tract 6433, A & E may withdraw any application to
change the land use designation for the Designated Property.
2. The final map for Tract 6433 may not be recorded and construction of the 22 lots proposed
by Tentative Tract Map 6433 may not begin until the Designated Properties are re-zoned to
Open Space as described in paragraph one. However, A & E may take all action necessary
to process and prepare for approval and recording a final map for Tract 6433 including
submitting plans tD the CitYDf Bakersfield for plan check and approval.
3. Prior to recordation of Tract Map 6433, A & E shall complete golf course modifications to
Hole No. g so that play is not disrupted. (Development of the lots will incorporate an
undeveloped area into the golf course and move the gth hole tee boxes slightly away from
Casa Club Drive and incorporate a portion of the golf course into the development.)
4. A & E will incorporate a common landscape theme into the requirements for the construction
of homes in Tract 6433 along the approximate ten foot frontage of the lots that will convey
the impression of an entrance to the Rio Bravo Golf Course. The landscape requirement will
be determined by A & E in consultation with its consultants and designers and will not be
subject to approval by any third party; and
WHEREAS, the attomey representing the eight homeoVvf1ers associations located within
the Rio Bravo golf course area stated they are in agreement with the proposed conditions shown
above and would not oppose the proposed subdivision if these conditions were incorporated in
to the approval of the subdivision; and
WHEREAS, at said public hearing held March 8, 2006, the appeal request submitted by
Porter-Robertson Engineering was duly heard and considered, and the City Council and found
as follows:
1. All reauired Dublic 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 as required by law.
2. The provisions of CEQA and City of Bakersfield CEQA ImDlementation Procedures
have been followed. Staff determined that the proposed activity is a project and an
initial study was prepared and Negative Declaration were prepared and duly
noticed.
3. A Neaative Declaration for the DroDosed Droiect is the aDDroDriate environmental
document to accomDanv Droiect aDDroval. In accDrdance with CEQA, staff
prepared an initial study for the proposed project and indicated that because
mitigation measures cultural resources have been incorporated into the project, the
project will not significantly impact the phy.sical environment
3. Urban services are available for the DroDosed develoDment. The project is within an
area to be served by all necessary utilities and waste dispDsal sy.stems.
Improvements proposed as part of the project will deliver utilities to the individual lots
or parcels to be created.
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4. The Droposed subdivision. toaetherwith the provisions for its desian and
imDrovement. is consistent with the General Plan. (Subdivision MaD Act 66473.5)
The proposed density and intensity of development are consistent with the Low
Density Residential land use classification. Proposed road improvements are
consistent with the Circulation Element. The overall design of the project, as
conditioned, is consistent IlvÎth the goals and policies of all elements of the general
plan.
5 The proiect must be aranted a "de minimis: exemDtion with respect to the payment of
Fish and Game Section 711 fees. Based on the absence of evidence in the record as
required by Section 21082.2 of the State of California Public Resources Code (CEQA)
for the purpose of documenting significant effects, it is the conclusion ofthe 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.
6. For purposes of orderly development, block walls are necessary adjacent to lots
which abut landscape lots D and E at the subdi\ision entry.
7. That the reverse corner lot(s) as designed are necessary to comply with other
ordinances, codes and design principles of subdivision.
8. The request for approval of double frontage lots is approved in accordance with
BMC 16.28.170 H because the double frontage lots proposed abut arterial streets
and the double frontage lots are deemed reasonable due tD controlling factors such
as traffic, safety, appearance and setbacks.
9. That deviations from standard subdivision design to allow for non-radial/non-
perpendicular lot lines, the use of a linear park for drainage purposes, the use of 300
foot centertine radius on some streets, and development of Paseo walkways and
landscaped areas, subject to maintenance by a homeowners association, are hereby
approved.
10. That deviations from standard subdivision design to allow for 5-feet of landscaping at
expanded intersections, use of the 25 mph speed limits to determine line of sight,
and 300 foot centeriine radius on Paradise Drive are hereby denied.
11. That the additional conditions of approval proposed by the subdivider and property
owner's representative as shown hereinabove adequately address the concerns of
both the subdivider and the area homeowners associations.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OFTHE CITY OF
BAKERSFIELD as follows:
1. That the above recitals, incorporated herein, are true and correct.
2. That the Negative Declaration is hereby adopted.
3. That VESTING TENTATIVE TRACT MAP 6433, as outlined above, is hereby
approved with conditions of approval and mitigation measures shown on Exhibit"1".
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held Dn MAR SI roœ ' by the
following vote:
~
NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH. CARSON, BENHAM. MAGGARD, HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cle
Council of the City of Bakersfield
APPROVED
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:!~m~
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Exhibit 1: Conditions of Approval/Mitigation Measures
Exhibit 2: Location Map with Tract Map
Exhibit 3: Open Space Map
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EXHIBIT"1"
VESTING TENTATIVE TRACT MAP 6433
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. In a letter dated January 25, 2005, the applicant requested deviations from the following ordinance
and policy requirements:
1.1. BMC 16.32.060.3 - Reauest - modification to allow deletion of sidewalk along one side of the
street.. Recommendation - APPROVE the request as other tracts in the area have sidewalks
along only one side of the street.
1.2. BMC 16.28.070 - Reauest - permit private streets
Recommendation - APPROVE the request
1.3. SDM Standard ST 11 - Reauest - use of 40' wide streets.
Recommendation - APPROVE the request.
2. The subdivider shall install street lights on the interior, private streets. Prior to recordation of the first
final map, submit a street lighting plan for the interior streets.
3. A drainage plan for the subdivisiDn shall be submitted for review and approval by the City Engineer.
No public water will be allowed to flow into the private portion of this tract, nor will any public water be
allowed to flow into a private sump.
4. The subdivider shall install the blue reflective markers near fire hydrants per the City Fire Department
requirements.
5. Prior to acceptance of the public improvements by the City,
5.1. the subdivider's engineer shall
5.1.1. provide certification to the City Engineer that, except as otherwise provided, the
private improvements have been constructed to City standards, ordinances, and policies, all
in accordance with approved plans.
5.1.2. submit to the City Engineer copies of the sewer video cassette, forms, and his
inspection log.
5.2. written verification shall be obtained from the Fire Department that all gates, locks, and ke)S have
been installed or provided to their satisfaction.
6. Prior to recordation, all facilities within the boundaries of this subdivision identified by the approved
Rio Bravo master drainage study shall be constructed in accordance with the plans approved by the
City Engineer, and all easements required shall be provided.
7. Prior to recordation of a final map, the applicant shall enter into an agreement with the City of
Bakersfield for contribution of their proportional share to the cost of providing a road connection to
Comanche Road from or via Miramonte Drive.
8. Prior to recordation of each Final Map, the subdivider shall
8.1. 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.
8.2. submit an enforceable, recordable document approved by the City Attomey 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.
S:\TRACTS\6433\CC\EX1cond per CC.doc (prepared by LPljeng)
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Exhibit "1"
VTM 6433
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8.3. 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.
8.4. 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.
8.5. submit for the City's Review and approval C.C. & R's and Property Owner's Association By-Laws
for the use and maintenance of all non-dedicated, shared facilities. Among those non-dedicated,
shared facilities will be the on-site sewer main lines and laterals and stonm water retention
basin(s) and associated stonm drain lines and appurtenant facilities.
8.6. provide easements fDr required facilities not within the border Df the phase being recorded.
8.7. ensure that each cable television company provides notice to the City Engineer of its intention to
occupy the utility trench.
9. In addition to other paving requirements, on and off site road improvements may be required from any
collector or arterial street to provide left tum 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.
10. Prior to grading plan review, submit the following for review and approval:
10.1. a drainage study for the entire subdivision. Ensure the retention basin site is designed to
retain the drainage from the entire subdivision.
10.2. a sewerage study to include providing service to the entire subdivision and showing what
surrounding areas may be served by the main line extensions.
10.3. verification from the responsible authority that all the wells have been properly abandoned.
11. Final plan check fees shall be submitted with the first plan check submission.
12. 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.
13. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage
policy adopted by letter dated January 22,1997.
14. Concurrently with recordation of each Final Map, the following covenant shall be recorded by the
property Dwner: a covenant containing information with respect tD the additiDn of this subdivision to
the consolidated maintenance district Said covenant shall also contain infonmation 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.
15. The on-site sewer system shall be inspected with video equipment designed for this purpose and as
approved by the City Engineer. The television camera shall have the capability of rotating 3600, in
order to view and record the top and sides of the pipe, as required. The video inspection shall be
witnessed by the subdivider's engineer, who will also initial and date the "Chain of Custody" form.
Any pipe locations revealed to be not in compliance with the plans and specifications shall be
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corrected. A recorded video cassette, completed "Chain of Custody" form, and a written log (which
includes the stationing, based on the stationing ofthe approved plans, of all connected laterals) of the
inspection shall be provided for viewing and shall be approved by the subdivider's engineer prior to
acceptance. After the subdivider's acceptance of the system, the video cassette, forms, and logs
shall be submitted to the City Engineer.
16. 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.
CITY ATTORNEY
17. In consideration by the City of Bakersfield for land use entitlements, including but not limited to elated
environmental approvals related to or arising from this project, the applicant, andlor property owner
and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of
Bakersfield, its officers, agents, emplo~es, 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 anyway 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 attomey or outside law firm to defend the City at the sole cost and eJ<Pense
of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity
or party.
RECREATION AND PARKS DEPARTMENT
18. 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. The park land in-lieu fee for this subdivision shall be fDr .0.17 acres of
land. If the number of dwelling units increases or decreases upon recordation of a final map(s), the
park land requirement will change accordingly. Refer tD 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 gO-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 Citys park
land ordinance. Staff is recommending this condition in accordance with BMC Chapter 15.80.
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VTM 6433
Page 4 of 5
PLANNING
19. This subdivision shall comply with all provisions of the Bakersfield Municipal Code, and applicable
resolutions, policies and standards in effect at the time the application br the subdivision map was
deemed complete per Government Code Section 66474.2.
20. Prior to recordation Df 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 to 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.
21. The subdivision shall be developed in no more than one phase.
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.
22. The subdivider shall either establish a home o\M1er's association or join an established home o\M1er's
association to provide for the lot's access to the private street and maintenance of private streets,
block walls and landscaping. The C.C. & R.'s for the the subdivision shall be submitted to the City
Attorney and Planning Department for review prior to recordation of a final map.
For orderly development.
23. The subdivider shall construct block walls along the property line of lots 5 and 11 which abut the golf
course maintenance building. The wall height shall be 6-foot in sidelrear yard and 4-foot within the
front yard setback area.
For orderly development.
24. Prior to recordation of a final map, and the start of construction on Casa Club Drive, the second
access to Miramonte Drive shall be constructed and operational.
For orderly development.
MITIGATION MEASURES
25. If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify
the proper authorities and be subject to any mitigation measures required of the archeologist.
Mitigation measure as recommended in a Cultural Resources clearance letter prepared by the
Southern San Joaquin Valley Information Center, California State University, dated November 26,
2004.
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THE FOLLOWING CONDITIONS WERE ADDED BY THE CITY COUNCIL ON MARCH 8. 2006 AND
AGREED TO BY THE APPLICANT.
26. A & E shall initiate and pay all fees and costs for a general plan amendment and a zone change (A & E
proposes June or September, 2006 schedule) to designate as Open Space both the Rio Bravo
Country Club Golf Course (see boundaries of area to be designated as open space delineated on
attached aerial map, Exhibit "3,") and the property on which the Hacienda Reservoir is located (the
"Designated Properties"). lithe change to Open Space is nDt approved or is subject to conditions that
are not acceptable to A & E, or suit is filed to stop approval, processing, or development of Tentative
Tract 6433 or the proposed change of landuse designation for the Designated Properties to Open
Space, or A& E determines it is or will be unable to develDp Tentative Tract 6433, A& E may withdraw
any application to change the landuse designation br the Designated Property.
27 The final map for Tract 6433 may not be recorded and construction of the 22 lots proposed by
Tentative Tract Map 6433 may not begin until the Designated Properties are re-zoned to Open Space
as described in paragraph one. However, A & E may take all action necessary to process and prepare
for approval and recording a final map for Tract 6433 including submitting plans to the City of
Bakersfield for plan check and approval.
28. Prior to recordation of Tract Map 6433, A & E shall complete golf course modifications to Hole No.9 so
that play is not disrupted. (Development of the lots will incorporate an undeveloped area into the golf
course and move the 9th hole tee boxes slightly away from Casa Club Drive and incorporate a portion
of the golf course into the development.)
29 A & E will incorporate a common landscape theme into the requirements for the construction of homes
in Tract 6433 along the approximate ten foot frontage of the lots that will convey the impression of an
entrance to the Rio Bravo Golf Course. The landscape requirement will be determined by A & E in
consultation with its consultants and designers and will not be subject to approval by any third party.
S:\ TRACTS\6433\CCIEXI cond per CC.doc (prepared by LP/ ¡eng)
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