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Home My WebLink AboutRES NO 063-08 RESOLUTION NO. 0 6 3 ~ 0 8 RESOLUTION DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION RESOLUTION OF THE PLANNING COMMISSION APPROVING VESTING TENTATIVE TRACT 6760 ON CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF STATE ROUTE 119 (TAFT HIGHWAY) BETWEEN STINE ROAD AND ASHE ROAD WHEREAS, in accordance with the procedure set forth in the provisions of Title 16 of the Municipal Code of the City of Bakersfield, Daybreak Baptist Church, filed an appeal of the Planning Commission's approval of Vesting Tentative Tract Map 6760 on certain property located on the north side of State Route 119 (Taft Highway) as shown on the attached (Exhibit "2") during the Commission's regular meeting of February 7,2008; and WHEREAS, Daybreak Baptist Church, the appellant, filed a written appeal with the City Clerk on February 14, 2008; and WHEREAS, the City Council, through the City Clerk, set the time and place of the hearing as Wednesday, April 23, 2008, 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, Mcintosh & Associates, filed an application requesting a Vesting Tentative Tract Map File No. 6760 on that certain property in the City of Bakersfield as shown on the attached (Exhibit "2"); and WHEREAS, the Planning Commission, through its Secretary, did set, THURSDAY, November 1, 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 for a public hearing before said Planning Commission on said application, and notice of the public hearing was given in the manner provided in Title Sixteen of the Bakersfield Municipal Code; and WHEREAS, the Planning Commission, with the concurrence of the applicant, continued the public hearing to the regularly scheduled Planning Commission meetings of November 15, 2007 and of December 6, 2007; and WHEREAS, the Planning Commission on December 6, 2007 referred Vesting Tentative Tract 6760 back to staff to address proposed changes the map and to re-advertised; and WHEREAS, the Planning Commission, through its Secretary, did set, THURSDAY, February 7, 2008 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 for a public hearing before said Planning Commission on said application, and notice of the public hearing was given in the manner provided in Title Sixteen of the Bakersfield Municipal Code; and WHEREAS, said map included a request for modification to allow reduced lot depth and width; and WHEREAS, the application was deemed complete on December 11, 2007; and WHEREAS, the laws and regulations relating to CEOA and the City of Bakersfield's CEOA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and <oM~~ ~ ~ >- rn f- . -0 0 ORIGINAL 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 City Council on August 16, 2006, in conjunction with Project No. GPAlZC 05-1479 and in accordance with CEQA; and WHEREAS, said Negative Declaration is 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 February 7, 2008 the proposed tentative map submitted by Mcintosh & Associates was duly heard and considered and the Planning Commission found as follows: 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 10 days prior to the hearing. 2. The provisions of CEQA and Citv of Bakersfield CEQA Implementation 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 05-1479) of the subject property and a Negative Declaration was adopted on August 16, 2006 for related File No. GPAlZC 05-1479 and duly noticed. 3. Said Neaative Declaration for the proposed proiect is the appropriate environmental document to accompanv proiect approval. 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, and air quality have been incorporated into the project. 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 LR (Low Density Residential) 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. 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. 7. In accordance with BMC 16.28.170 H, Taft Highway (SR 119) functions as a major street as shown on the tentative map, therefore the abutting double frontage lots 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. 8. development. Conditions are necessary for the public health, welfare and safety, and for orderly ~r>-Kt~ ~ ~ >- rn f- . -0 0 ORIGINAL follows: NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as 1. The above recitals and findings incorporated herein, are true and correct. 2. The decision of the Planning Commission is upheld, subject to mitigation measures and conditions of approval shown in attached Exhibit "1." 4. The appeal is denied. 5. Vesting Tentative Tract Map 6760 is hereby approved, subject to the mitigation measures and conditions of approval shown in attached Exhibit "1." ---------000--------- ((;>M~~ ~ ~ >- - f- P; -0 0 ORIGINAL 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 APR 2 3 2008 by the following vote: AYES: rOO'ES) 'A'BSTAIN: ABSENT: COUNCILMEMBER CAR~, BENH~W~COOC;:; HA~N, g' 'b.Ll' ".U, S~NER COUNCILMEMBER Leu. 0 .e...J v ltA'L- COUNCILMEMBER f\..&-K 0 COUNCILMEMBER ~ PAMELA A. McCARTH , MC CITY CLERK and Ex 0 co Clerk of the Council of the City of Bakersfield APPROVED APR 2 3 2008 APPROVED as to form VIRGINIA GENNARO C~y Attorn~~/ /, By: --~ Exhibits: 1. Conditions of Approval 2. Location Map and Tentative Tract Map elisheva I I S:ITRACTSI6760ICC appeal docsl6760 CC Res - 2.DOC 4/4/2008 ~~Kc~ ~ % >- rT1 f- · -0 0 ORIGINAL EXHIBIT "1" VESTING TENTATIVE TRACT 6760 CONDITIONS OF APPROVAL PUBLIC WORKS 1. 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. 2. The area shall participate in a major bridge and thoroughfare district for the construction of the Farmers Canal at Taft Highway. 3. Secondary emergency access is required. A waiver of direct access shall be required for all lots abutting any arterials and collectors and freeways: Taft Highway (State Highway 119). However, if Lot 25 is utilized for secondary emergency access, this access will be allowed. 4. Prior to grading plan review submit the following for review and approval: 4.1. A drainage study for the entire subdivision. 4.2. A sewer study to include providing service to the entire subdivision and showing what surrounding areas may be served by the main line extensions. 5. The following conditions must be reflected in the design of the improvement plans: 5.1. Final plan check fees shall be submitted with the first plan check submission. 5.2. The subdivider shall either construct the equivalent full width landscaped median island in Taft Highway or pay his proportionate share of the cost for the future construction of the median. Median islands shall be designed by the first tract to be approved on a side. The medians may be constructed by the first tract on a side, or the median island fees shall be paid NOTE: MEDIAN CONSTRUCTION AND LANDSCAPING COSTS SHALL NOW BE ACTUAL COSTS, NOT COUNTY ESTIMATES AND SHALL BE INCLUDED IN THE ENGINEERS ESTIMATE, OR SHALL BE $100 PER LINEAR FOOT. If the median 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. Left turn median restrictors shall be constructed by the first tract in. The amount of median to be paid or constructed is a minimum of 330 feet. 5.3. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. Install conduit and pull ropes in future traffic signal locations. 5.4. 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. 5.5. The following conditions are required with construction. 5.5.1. Construct Taft Highway for the full extent of the street lying within the Tract's boundary per Caltrans Standards and the City of Bakersfield's landscaping standards. 5.5.2. Construct Taft Highway to Caltrans standards from the tract's western boundary to tract 6491. 5.6. 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. <Q/l-I<l"~ ~ ~ By elisheva S:\TRACTS\6760\6760 Exh1- 2.DOC\ >- m 4/4/2008 2, :; ORIGINAL Exhibit "1" VTTM 6760 Page 2 of 5 5.7. The subdivider shall provide additional dedication for widening to Caltrans standards that portion of Taft Highway not within the subdivision. 5.8. The use of interim, non-standard drainage retention areas shall be in accordance with the drainage policy adopted by letter dated January 22, 1997. 5.9.ln order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, and as a Best Management Practice for complying with the requirements of the Clean Water Act, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. 5.10. 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. 5.11. Install blue markers in the street at the fire hydrants per the Fire Department requirements. 6. Prior to recording the first final map: 6.1. The City Council must have taken final action for inclusion of this tract within the Consolidated Maintenance District. 6.2. The developer is required to construct an improvement which is on the facilities list for the Metropolitan Bakersfield Transportation Impact Fee; Taft Highway. 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. 6.3. 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. 7. Prior to recording the first final map: 7.1. The subdivider shall 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. 7.2. The subdivider shall submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map 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. 8. Prior to Notice of Completion: 8.1. Inspection of storm drain shall be conducted with a closed circuit television system with the ability to record to a viewable medium as determined by City Engineer. Medium shall be submitted as a permanent record of the inspection. 9. Access to parcel (APN 532-040-03) located south of lot 26 shall be provided from Boise River Drive by a 52 foot wide easement located between lots 25 and 26 or as approved by the City Engineer. Byelisheva S:\TRACTS\6760\6760 Exh1 - 2.DOC\ 4/412008 ~[>.K~~ ~ ~ >- r;; t.-- r- c) CJ ORIGINAL Exhibit "1" VTTM 6760 Page 3 of 5 WATER RESOURCES 10. Prior to construction of in-tract water facilities, plans and specifications shall be approved by the City Water Resources staff. 11. 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' satisfaction. RECREATION AND PARKS 12. 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 13. 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, 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 14. 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. 'OM~ ~ ~U' ByelisheV8 S:\TRACTS\6760\6760 Exh1 - 2.DOC\ 0 O{\ >- rn 4/412008 f- . "0 0 ORIGINAL Exhibit "1" VTTM 6760 Page 4 of 5 15. The subdivision shall be recorded 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. 16. Prior to recordation of a final map, the subdivider shall have properly abandoned the water well, which is located in the northeast corner of the map. Prior to recordation of a final map, subdivider shall submit a letter from the Kern County Environmental Health Department verifying such abandonment. For public health, welfare and safety. 17. 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 15.66.080 (8.) Police power based on public health, welfare and safety. 18. Prior to recordation of the final map, the subdivider shall construct a six foot high masonry wall, as measured from highest adjacent grade, along the common property line for the residential lot abutting APN 532-040-03. Additionally, prior to recordation of the final map, a covenant disclosing the existence and location of adjacent A (Agricultural) zoned land will be recorded for Lot 26. Covenant shall disclose the potential for the land being used of agricultural purposes with potential for allowing livestock on the adjacent land and the related inconveniences of noise, odors and pests. The covenant shall be reviewed by the Planning Director prior to recordation. Orderly development. 19. The map shall become effective on the completion date of the annexation (Annexation #521/Stine #13) 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. This time period may be extended if mutually agreed upon between the subdivider and the Planning Director. Subdivision Map Act Section 66454. 20. Prior to recordation of a final map, all structures shall be removed from the project site. Orderly development. Byelisheva S:\TRACTS\6760\6760 Exh1- 2.DOC\ 4/412008 <oMt~ ~ ~ -- >- rn f- r -0 0 ORIGINAL Exhibit "1" VTTM 6760 Page 5 of 5 21. Prior to or concurrently with the final map, the title to Lot A shall be transferred to the adjacent church and subdivider shall provide access improvements as approved by the City Engineer and Planning Director, or a landscape maintenance program shall be approved by the Planning Dept. for Lot A if the church does not accept the property. Orderly development. MitigationlConditions of Approval from General Plan Amendment/Zone Change No. 05-1479 Cultural Impact Mitiaation Measures 22. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. (Mitigation for potentially significant cultural impact) 23. 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 remains are identified on the site at any time, 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 remains) and the local Native American community shall be notified immediately. (Mitigation for potentially significant cultural impact) Added Condition by Planning Commission 24. With the recordation of a final map, Lots 11-24 will have a minimum lot depth of 140 feet. BMC 16.28.170.0 requires a minimum lot depth of 140 feet for lots adjacent to A (Agricultural) zoned land. Applicant agrees to alter the lot depth for Lots 11-24 to 140 feet. By elisheva S:\TRACTS\6760\6760 Exh1 - 2.DOC\ 4/4/2008 'OM~~ ~ ~ >- rn f- . -0 0 ORIGINAL EXRIBIT "2" II u .. v I I z !!!Ie :4 I II ! i ~ 0 III N c c 0 CO ~ c:i "- c ~ ::::I .. CO ! ~ ..- a: ~ ~ it ..- it W > ~ - ~ c ~ CO) Z ~ c:i ~ W ~ ... ..- s I ~ ~ (!) :I Z - it ..- en w R & > c 5 ~ c :I eM* iHSY :I S w ~ ~ ~ ~ ~ II! ~ c EXIIIBIT "2" VESTING TENTATIVE TRACT NO. 6760 BEING A.9JllllI\1SION or A PQRllON or 1HE s001HEAST WARltR or SECTION 34, TOII$tP JO SOOTH.. RANGE 27 EAST. ".0.11., CONSISTING or 1 SHEET IN THE aTY or BAICERSF1ElD. COUNTY or KERN. STAlE or CALFOANIA. 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