HomeMy WebLinkAboutRES NO 127-00RESOLUTION NO. ]. 2 ? - 0 '0
RESOLUTION OF THE CITY COUNCIL UPHOLDING THE DECISION OF
THE PLANNING COMMISSION REGARDING VESTING TENTATIVE
TRACT MAP 6008 ON CERTAIN PROPERTY LOCATED 1/4 MILE EAST
OF BUENA VISTA ROAD, 1/4 MILE SOUTH OF CAMPUS PARK DRIVE
WHEREAS, on September 7, 2000, the Planning Commission adopted Resolution No. 87-00
approving with conditions Vesting Tentative Tract 6008 (Phased); and
WHEREAS, Vesting Tentative Tract 6008 (Phased) consists of 120 residential lots and one sump
lot zoned R-1 (One Family Dwelling Zone) for single family residential development on 26.76 gross acres
(Exhibits 2 and 3); and
WHEREAS, said map included modifications to the following standards: 1 ) Bakersfield Municipal
Code (BMC) Section 16.28.170 P. to allow reverse corner lots; 2) BMC Section 16.28. t 60 A. to allow
block length in excess of 1,000 feet; and 3) BMC Section 16.28.170 C. to allow a reduction in lot depth;
and
WHEREAS, the Planning Commission approved a Negative Declaration with said map; and
WHEREAS, on September 15, 2000, an appeal of Planning Department Condition No. 6 was
filed by Portter/Robertson in accordance with the provisions set forth in Section 16.16.070 C. of the
Bakersfield Municipal Code; and
WHEREAS, the City Clerk did set Wednesday October 25, 2000 at the hour of 7:00 p.m. or as
soon thereafter in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as
the time and place for a public hearing before the City Council on said appeal of condition, and notice of
the public hearing was given in the manner provided in Title Sixteen of the Bakersfield Municipal code;
and
WHEREAS, at said public hearing held October 25, 2000, the appeal of condition submitted by
Porter/Robertson was duly heard and considered by the City Council with the following findings:
1. All required public notices have been given. 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 20 days prior to the hearing.
2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have
been followed.
3. A Mitigated Negative Declaration was approved by the Planning Commission for the
proposed project on September 7, 2000.
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, together with the provisions for its design and improvement, is
consistent with the General Plan. (Subdivision Map Act 66473.5) The proposed density and intensity of
development are consistent with the LR 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 project must be granted a "de minimis: exemption 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 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 right owners' signatures may be waived on the final map pursuant to BMC
16.20.060 B. 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 B.1., the
party's right of surface entry has been expressly waived by recorded document prior to recordation of
any final map.
8. The request to allow reverse corner lots was approved by the Planning Commission.
The reverse corner lot is unavoidable due to the shape of the property and the existing school which
limits design flexibility.
9. 'l:he request to allow block length in excess of 1,000 feet was approved by the Planning
Commission. An existing street alignment on the north dictates the spacing of streets and block lengths.
10. The request to allow a reduction in lot depth was approved by the Planning Commission.
Lots on the cul-de-sac are transitional.
11. The Planning Commission added Planning Department Condition No. 6 requiring that prior
to issuance of the first building permit within Vesting Tentative Tract 6008 (Phased), any canal within 1/4
mile of the subdivision shall have fencing placed on it to protect the residents of the subdivision. The
condition is intended to protect the public health, safety and welfare.
SECTION 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
1. All of the foregoing recitals are hereby found to be true and correct.
2. That the applicant's appeal of Planning Department Condition No. 6 is hereby denied.
3. Conditions attached as Exhibit 1 shall apply to the project.
......... o0o .........
I HEREBY CERTIFY that the foregoing Ordinance was passed and ~l~(ipted by the
Council of the City of Bakersfield at a regular meeting thereof held on OCT 2 5 , by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMONE), MAGGARD, COUCH, 6rFrEE,~-, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
CITY CL~=RK and Ex ~
Council of the City of Bakersfield
of the
APPROVED as to form:
BART THILTGEN
City Attorney
Exhibits:
1. Conditions of Approval
2. Location Map
3. Tract Map
S:\TRACTS\6008\CICOUNCILresolution.WPD
EXHIBIT "1"
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT 6008
PLANNING DEPARTMENT
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.
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 by Archaeological investigation for Tract 6008 by
Robert A. Schiffman.)
Prior to filing of a final map, the subdivider shall construct a six-foot high masonry wall
along the southern subdivision boundary adjacent to the Southern Pacific Railroad right-
of-way and along Mountain Vista Drive adjacent to the tract as shown on the tentative
tract. Wall height shall be measured to the highest adjacent grade.
(The masonry wall adjacent to the railroad tracks will provide sound attenuation and a
permanent barrier to reduce trespass and dumping within the railroad right-of-way.
Double frontage lots along Mountain Vista Drive require a wall pursuant to BMC Section
16.28. ~70 H. The side yard walls are required for orderly development.)
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 the 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 payment of in-lieu
fees in accordance with BMC Chapter 15.80.
Prior to site grading or construction, a pre-construction survey shall be conducted, by a
qualified biologist, to determine whether any kit fox dens are located on the site. A copy
of the survey shall be submitted to the City Planning Department for review and
approval by the Planning Director. In addition, the developer shall comply with all City
notification and excavation requirements for known kit fox dens. (Mitigation Measure)
Prior to issuance of the first building permit within Tract 6008, any canal within 1/4 mile
of the subdivision shall have fencing placed on it to protect the residents of this
subdivision (Tract 6008).
Condition added by Planning Commission
PUBLIC WORKS
In a letter dated July 17, 2000, the applicant requested deviations from the following
ordinance, standards, and policy requirements:
1.1 BMC 16.28.160 - Request - modification to allow Alcove Spring Way to exceed
the 1,000' maximum block length
Response - APPROVE the request.
A waiver of direct access rights from all abutting lots to Mountain Vista Drive shall be
required.
The cul de sacs between Blackhills Drive and Mountain Vista Drive may have right of
way widths of 52 feet in order to approach standard lot depths for certain lots. However,
the 52' rights of way may be utilized only so long as the cul de sac lot frontages do not
go below the 35' minimum.
This subdivision is within a proposed Planned Drainage Area. This subdivision will
participate in the Planned Drainage Area. Once formed, this subdivision can drain to
the canal or to a detention basin proposed to be east of Mt. Vista. A drainage plan for
the subdivision shall be submitted for review and approval by the City Engineer.
The subdivider shall provide a design study for the Mountain Vista Drive crossing of the
railroad and submit required slope easements, if necessary.
The phasing map as submitted is to be balanced with respect to the required
improvements, Therefore, in order to promote orderly development, each phase shall
be responsible for an equal dollar amount of improvement. The final per lot share will
be based upon an approved engineer's estimate. 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 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.
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
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. 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.
7.1 The following shall occur with Phase 1:
7.1.1 construct an additional lane of paving on the west side of the midsection
line northerly from the north tract boundary to Campus Park Drive.
7.1.2 construct the street connection between Blackhills Drive in Phase I and
the existing improvements on Trailblazer Drive.
Prior to recordation of each Final Map, the subdivider shall
8.1 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 improvements have been completed by the subdivider and accepted by
the City.
2
8.2 provide easements for required facilities not within the border of the phase being
recorded.
9
10
11
12
13
14
8.3
ensure that each cable television company provides notice to the City Engineer
of its intention to occupy the utility trench.
On and off site road improvements are required from any collector or arterial street to
provide left turn channelization into each street within the subdivision. 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.
Because of the proliferation of non-approved, above-ground utility cabinets within public
rights of way, the subdivider shall provide a proposed utility plan to be submitted with the
improvement plans for review and approval. The approved utility plan is to also include
the location of service points for the street lights.
Final map check fees shall be submitted with the first map check submission.
All lots with water well facilities that front arterial or collector streets will have wall and
landscaping to arterial or collector street standards, and those that front local streets will
have a slatted chain link fence 25' back of sidewalk with landscaping as approved by the
Public Works and Parks Directors.
The use of interim, non-standard drainage retention areas, if permitted by the City
Engineer, shall be in accordance with the drainage policy adopted by letter dated
January 22, 1997.
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.
WATER RESOURCES
1. Prior to construction of in-tract water facilities, plans and specifications shall be
approved by the City Water Resources staff.
S:\TRACTS\6008\SUBCON.PLN2.wpd
October 10, 2000
3
VESTING TENTATIVE TRACT
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EXHIBIT 2
EXHIBIT 3
TRACT No,
6008
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September 15, 2000
00-1439
CityClerk
City ofBakersfield
1715 ChesterAvenue
Bakersfield, CA 93301
RE; VESTING TENTATIVE TRACT 6008
Ladies & Gentlemen:
We respectfully request an appeal to Planning Condition No. 6 for the above referenced
Vesting Tentative Tract 6008, approved by the Planning Commission on September 7,
2000. Condition No. 6 states:
'Prior to issuance of the first building permit within Tract 6008, any canal within ¼
mile of the subdivision shall have fendrig placed on it to protect the residents of
this subdivision."
This appeal is being requested based on the following information:
1. That podion of the canal located east of Mountain Vista road is currently under
plans to be relocated. Fencing of this portion of the canal will add considerable
time and expense to dismantle the proposed fencing.
2. The portion of the canal Iotated south of the proposed project is separated by
existing railroad tracks and is located within an agricultural area.
Enclosed herewith please find a check in the amount of $334.00 for the appeal_ If you
have any questions, please do not hesitate te contact me.
Sincerely,
HWPJddd
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497 -01
JAN 06 1999
ASSESSORS MAP NO,-.4..97--:-OI.L-.-
COUNTY OF KERN