HomeMy WebLinkAboutRES NO 134-07
RESOLUTION NO.
134- 0 7
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD DENYING THE APPEAL, UPHOLDING THE
PLANNING COMMISSION'S DECISION, AND APPROVING
TENTATIVE PARCEL MAP 11473, GENERALLY LOCATED
AT THE NORTHWEST CORNER OF EAST PACHECO ROAD
AND COTTONWOOD ROAD.
WHEREAS, Jerry Hendricks, representing Eagle Meadows of Bakersfield, LLC, filed an
application requesting Tentative Parcel Map 11473 on that certain property in the City of
Bakersfield as shown on the attached (Exhibit "1"); and
WHEREAS, by Resolution No. 67-07, on April 19. 2007, the Planning Commission
approved Tentative Parcel Map 11473; and
WHEREAS, Timothy Chandler, in accordance with BMC 17.64.090, filed an appeal to the
Planning Commission's decision approving Tentative Parcel Map 11473 on that certain property
in the City of Bakersfield as shown on the attached (Exhibit "1"); and
WHEREAS, the City Council. through its Secretary, did set, WEDNESDAY, JUNE 20,
2007, at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue,
Bakersfield, California, as the time and place br 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 project site; and
WHEREAS, Tentative Parcel Map 11473 was an associated project of approved:
. Vesting Tentative Tract 6514 containing 111 lots for single family residential purposes, a
sump lot (Parcel 1 of Tentative Parcel Map 11473) zoned R-2 (Limited Multiple Family
Dwelling) and a designated remainder on a total of 39.88 acres;
. GPAlZC 05-0412 from HI (Heavy Industrial) to LMR (Low Medium Density Residential) on
17.1 acres and from P (Public Facilities) to LMR on 5.5 acres and from M-3 (Heavy
Industrial) to R 2 (Limited Multiple Family Dwelling) on the east 22 acres (Parcel 1 of
Tentative Parcel Map 11473).
. GPAlZC 05-1561 from HI (Heavy Industrial) to LI (Light Industrial) and from M-3 (Heavy
Industrial) to M-1 (Light Manufacturing) on the west 17.7 acres (Parcel 2 of Tentative
Parcel Map 11473);
WHEREAS, the application was deemed complete on February 6, 2007; and
WHEREAS, the laws and regulations relating to CEQA and the Cityof 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 and approved by the Planning Commission on
March 15, 2007, in conjunction with Project No. GPAlZC 05-1561, and a Negative Declaration
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ORIGINAL
was prepared and approved by the City Council on November 16, 2005, in conjunction with
Project No. GPAlZC 05-0412 and in accordance with CEOA; and
WHEREAS, said Negative Declarations are applicable to and appropriate for this project;
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, at said pUblic hearing held June 20, 2007, the appeal request submitted by
Timothy A. Chandler was duly heard and considered, and the City Council and found as follows:
1. All reouired oublic notices have been oiven. 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 orovisions of CEQA and Citvof Bakersfield CEOA Imolementation 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. GPAlZC 05-1561 and
GPAlZC 05-0412) of the subject property and a Negative Declaration was adopted
on March 15, 2007, and November 16,2005 for related File No. GPAlZC 05-1561
and GPAlZC 05-0412 and duly noticed.
3. Said Neoative Declarations for the orooosed oroiect is the aoorooriate environmental
document to accomoanv oroiect aooroval. In accordance with CEOA 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 and air
quality have been incorporated into the project.
4. Urban services are available for the orooosed develooment. 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 orooosed subdivision. tooetherwith the orovisions for its desion and
imorovement. is consistent with the General Plan. (Subdivision Map Act 66473.5)
The proposed subdivision is consistent with the Low Medium Density Residential
and Light Industrial land use designations of the project site. 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 ofthe
general plan.
6. The conditions of approval are necessary for orderly development and to provide for
the public health, welfare and safety.
7. The tentative subdivision is consistent with the Kern County Airport Land Use
Compatibility Plan.
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gRIgINAle,
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 this map pertains to the Negative Declarations previously approved in
conjunction with Project No. GPAlZC 05-1561 and GPAlZC 05-0412.
3. Planning Commission decision is upheld.
4. The appeal is denied.
5. That TENTATIVE PARCEL MAP 11473, as outlined above. is hereby approved with
conditions of approval and mitigation measures shown on Exhibit "1".
--000---
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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 on JUN ~O 2007 ' by the
following vote: '
~:
ABSTAIN:
ABSENT:
v V-' ..----.....- .....-- ....-- v-
COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
~fIfA~
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
JUN 2 0 2001
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By. ;81 HA$1/h ~
Exhibit 1: Conditions of Approval/Mitigation Measures
Exhibit 2: Location Map with Tract Map
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EXHIBIT "1"
TENTATIVE PARCEL MAP #11473
CONDITIONS OF APPROVAL
PUBLIC WORKS
1. The subdivider shall either construct the equivalent full width landscaped rnedian island in
Cottonwood Road or pay his proportionate share of the cost for the future construction of the
rnedian. Median islands shall be designed by the first tract to be approved on a side. The
rnedians rnay be constructed by the first tract on a side, or the median island fees shall be
paid. If the rnedian island is not constructed, the second tract across the street shall
construct and landscape the median island. Construction or payment shall be for the full
width of the land being subdivided. The total cost may be apportioned between the phases
and paid prior to recordation of each phase if he elects to pay his share of the costs for the
future construction
2. The following conditions are based are required. upon the premise that filing of Final Maps
will occur in the order shown on the rnap 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 irnprovernents to be done with that
particular phase.
2.1. The following is required:
2.1.1. Construct Cottonwood Road for the full extent of the street lying within the tract
boundary.
2.1.2. Construct East Pacheco Road for the full extent of the street lying within the tract
boundary.
3. Prior to recordation of each Final Map, the subdivider shall
3.1. submit an enforceable, recordable docurnent approved by the City Attorney to be
recorded concurrently with the Final Map which will prohibit occupancy of any lot until all
improvernents have been cornpleted by the subdivider and accepted by the City.
3.2. If it becornes 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
erninent dornain proceedings and enter into an agreement and post security for the
purchase and irnprovement of said right of way.
3.3. If a non-warranted signal to the site is installed, a traffic signal maintenance district
shall be created.
3.4. provide easements for required facilities not within the border of the phase being
recorded.
3.5. ensure that each cable television cornpany provides notice to the City Engineer of its
intention to occupy the utility trench.
4. On and off site road irnprovernents are required frorn any collector or arterial street to
provide left turn channelization into each street (or access point) within the subdivision (or
developrnent). 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, subrnit the following for review and approval:
5.1. a drainage study for the entire subdivision. Ensure the retention basin site is designed
to retain the drainage from the entire subdivision.
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Exhibit "1"
TPM #11473
Page 2 of 5
5.2. a sewerage study to include providing service to the entire subdivision and showing
what surrounding areas may be served by the rnain line extensions.
5.3. verification frorn the responsible authority that all the wells have been properly
abandoned.
6. Install traffic signal interconnect conduit and pull rope in all arterials and collectors. Install
conduit and pull ropes in future traffic signal.
7. Final plan check fees shall be subrnitted with the first plan check submission.
8. Turning movernents at the street to Parcel 2 frorn Cottonwood Road shall be limited to right
in, right out, and left in only. Construct a rnedian island 100 feet on each side of the
intersection to ensure the turning rnovernents are restricted to those cited above. Construct
additional paving south of the median island as directed by the City Engineer. As an
alternative, the developer rnay construct a left turn restrictor at the intersection of the local
street with the arterial. The restrictor design rnust be approved by the City Engineer, and
the developer must record a covenant disclosing to the residents that left turns out of the
intersection will not be allowed and that when the median is constructed, left turns will be
physically prohibited.
9. 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 at the building setback with landscaping as approved by the
Public Works and Parks Directors.
10. The use of interirn, non-standard drainage retention areas shall be in accordance with the
drainage policy adopted by letter dated January 22, 1997.
11. Concurrently with recordation of each Final Map, the following covenant shall be recorded
by the property owner: a covenant containing inforrnation with respect to the addition of this
subdivision to the consolidated maintenance district.
12. It is recommended that the on-site sewer systern shall be inspected with video equiprnent
designed for this purpose and as approved by the City Engineer. If the developer chooses
to video the on-site sewer system, then the following procedure is recornmended: 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
corrected. A recorded video cassette, cornpleted "Chain of Custody" form, and a written
log (which includes the stationing, based on the stationing of the 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
systern, the video cassette, forrns, and logs shall be submitted to the City Engineer.
13. Approval of this tentative rnap 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.
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ORIGINAL
Exhibit "1"
TPM #11473
Page 3 of 5
RECREATION AND PARKS
14. Prior to recordation of a final rnap, the subdivider shall pay an in-lieu fee based on a park
land dedication requirement of 2.5 acres per 1,000 population in accordance with Chapter
15.80 of the Bakersfield Municipal Code (applies to Parcel 1 of TPM 11473, based on the
amount required by VTM 6514). If the nurnber of dwelling units increases or decreases
upon recordation of a final map(s), the park land requirernent will change accordingly. Refer
to BMC Chapter 15.80 and the Planning Information Sheet regarding calculation and
payrnent of in-lieu fee. If multiple farnily residential is developed on Parcel 1 instead of
single family, developer shall pay the difference in the park in-lieu fees at the tirne of site
plan review.
CITY ATTORNEY
15. In consideration by the City of Bakersfield for land use entitlernents, 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 indernnify, defend, and hold
harmless the City of Bakersfield, its officers, agents, employees, departments, cornmissioners
or boards ("City" herein) against any and all liability, claims, actions, causes of action or
dernands whatsoever against them, or any of them, before adrninistrative or judicial tribunals of
any kind whatsoever, in any way arising from, the terrns and provisions of this application,
including without lirnitation any CEOA approval or any related development approvals or
conditions whether irnposed by the City, or not, except for CITY's sole active negligence or
willful misconduct.
This indernnification 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 prornptly notify Applicant of any such clairn, 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
16. The subdivision shall be recorded in no rnore than one phase. Phase shall be identified
nurnericallyand not alphabetically.
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.
17. Prior to recordation of a final rnap, 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.
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ORIGINAL
Exhibit "1"
TPM #11473
Page 4 of 5
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 serven letter.
18. In the event a previously undocumented well is uncovered or discovered on the project site, the
subdivider is responsible to contact the Departrnent of Conservation's Division of Oil, Gas, and
Geothermal Resources (DOGGR). The subdivider is responsible for any remedial operations on
the well required by DOGGR. Subdivider shall also be subject to provisions of BMC Section
15.66.080 (B.)
Police power based on public health, welfare and safety.
19. Prior to recordation of a final map on any phase, the subdivider shall construct a 6 foot high
chain link fence, in accordance with City of Bakersfield Subdivision and Engineering Design
Manual Standard D - 12 (aka S-10) including concrete curb, and approved by the City Engineer
adjacent to the tower line easement, as measured frorn highest adjacent grade, along the
cornmon property line. The concrete curb may be waived subject to Planning Director approval.
The fence rnay not be bonded or secured. A temporary fencing plan may be approved by the
Planning Director to facilitate project phasing.
Fencing required to satisfy BMC Section 16.32.060 B.8.a and based on a finding to provide for
the public health, safety and welfare.
Traffic and Circulation
20. Prior to the issuance of any building perrnit within the project area, the developer shall pay the
applicable Regional Transportation Irnpact Fee (RTIF) to the satisfaction of the City of
Bakersfield Public Works Departrnent.
Mitigation for potentially significant traffic impacts from GPAlZC 05-1561. This mitigation
applies to entire area of Tentative Parcel Map 11473..
MITIGATIONICONDITIONS OF APPROVAL FROM GPAlZC 05-0412
Cultural Resources
21. If cultural resources are encountered during construction, a qualified archaeologist shall be
retained by the developer to evaluate the significance of the resources and to forrnulate a
rnitigation program if necessary. The archaeologist shall coordinate with the City of Bakersfield
Planning Departrnent.
22. If human remains are discovered during grading or construction activities, work would cease
pursuant to Section 7050.5 of the California Health and Safety Code. If human rernains are
identified on the site at any tirne, work shall stop at the location of the find and the Kern County
Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code
and Section 5097.98 of the California Public Resources Code which details the appropriate
actions necessary for addressing the rernains) and the local Native American comrnunity shall
be notified irnmediately.
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ORIGINAL
Exhibit "1"
TPM #11473
Page 5 of 5
Mitigation measures as recommended in a Cultural Resources Study prepared by Robert A.
Schiffman, dated February 2005 from GPA/ZC 05-0412. This mitigation applies to entire area of
Tentative Parcel Map 11473.
Residentialllndustriallnterface:
23. An 8-foot tall masonry wall (measured frorn the finished grade of the abutting residential lots)
shall be constructed along all residential property lines which abut industrially zoned property.
These walls shall be included on all applicable subdivision rnaps for the project area and shall
be constructed prior to the recordation. This wall shall not interfere with any easernents and
shall not have any gaps or openings.
Bakersfield Municioal Airoort Comoatibilitv:
24. With the recordation of final subdivision rnaps, overflight easernents shall be granted to the City
of Bakersfield for all residential lots. Overflight easernents shall grant all rights deemed
necessary by the City of Bakersfield to ensure that the development of said property will neither
impede airport operations nor result in flight hazards, including but not limited to the following:
to rnake flights and associated noise in airspace over said property; to regulate or prohibit the
release of any substance into the air which rnight interfere with aircraft operations; to regulate or
prohibit light emissions which rnight interfere with pilot vision; and to prohibit electrical ernissions
which might interfere with aircraft comrnunications systems or aircraft navigational equiprnent.
Public health, safety and welfare.
25. With the recordation of final subdivision maps, a notice shall be recorded on the deeds of all
residential lots disclosing that the properties are in an area subject to aircraft overflights and, as
a result, residents rnay experience inconvenience, annoyance, and discornfort arising from the
noise of such operations. The notice shall also state that State law establishes the irnportance
of public use airports for the protection of the public interest of the people of the State of
California and that residents of property near a public use airport should, therefore, be prepared
to accept such inconvenience, annoyance, and discornfort from normal aircraft operations.
Public health, safety and welfare.
26. The subdivider shall record the 100 foot buffer shown on the tentative rnap (northern boundary)
as a non-buildable easernent for habitable structures to provide separation between homes and
potential industrial developrnent. If residential zoning is approved on the property to the north
prior to recordation of a final map, the easernent may be waived subject to Planning Director
approval.
For orderly development from VTM 6514. This applies to entire area of Tentative Parcel Map
11473.
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'I:t'
-
~<O~K~-s>~
~. ~
ORIGINAL