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Home My WebLink AboutRES NO 32-99RESOLUTION NO. 3 2 "' 9 9 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD UPHOLDING AN APPEAL TO A CONDITION OF APPROVAL AND MODIFYING THE DECISION OF THE PLANNING COMMISSION REGARDING SITE ACCESS AND APPROVING TENTATIVE PARCEL MAP NO. 10584. WHEREAS, on January 21, 1999, the Planning Commission conducted a public hearing and considered Parcel Map No.10584; and WHEREAS, at said Planning Commission hearing, the Planning Commission approved Tentative Parcel Map 10584 on certain property in the city of Bakersfield as shown on the attached Exhibit 2; and WHEREAS, Condition No. 5 of Exhibit 1 approved by the Planning Commission required elimination of an additional access to the site from Cosford Road; and WHEREAS, the parcel map applicant, Lars Andersen and Associates, Inc., filed an appeal to the condition requiring the removal of the second access to Cosford Road; and WHEREAS, the applicant desires to maintain two access points off of Cosford Road; and and WHEREAS, the appeal was filed in accordance with ordinance requirements; WHEREAS, the City Council, through the City Clerk did set WEDNESDAY, March 17, 1999, at the hour of 7:00 PM 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 tentative parcel map, the notice of public hearing was given in the manner provided by Title Sixteen of the Bakersfield Municipal Code; 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, the Planning Commission and this Council; and WHEREAS, the above described project is Categorically Exempt from the requirements of the California Environmental Quality Act in accordance with Section 15315; and WHEREAS, at said public hearing held March 17, 1999, the proposed tentative map submitted by Lars Andersen & Associates, and the appeal of the Planning Commission decision filed by Lars Andersen & Associates, were duly heard and considered and the City Council found as follows: 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 10 days prior to the hearing. 2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposed activity is a project and the project is Categorically Exempt from CEQA under Section 15315. 3. 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 pad of the project will deliver utilities to the individual lots or parcels to be created. 4. 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 Service Industrial 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. That the project is categorically exempt pursuant to Section 15315 of CEQA. 3. That Map No. 10584, as outlined above, is hereby approved with conditions of approval and mitigation measures shown on Exhibit "1". 4. That the appeal filed by Lars Andersen & Associates is hereby upheld. ......... o0o ........ 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 March 17, 1999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MACCARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER :~//:~2 COUNCILMEMBER COUNCILMEMBER/V <3 n e... Council of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY CARL HERNANDEZ Assistant City Attorney ML:pjt March 19, 1999 tracts\0584ccres1 EXHIBIT 1 PARCEL MAP 10584 PLANNING: Provide reciprocal access and parking agreement between all parcels. Prior to recordation of the map the subdivider shall submit Landscape plans which show a six foot high chain link fence (minimum) or equivalent as determined by the Planning Director, along the south property line adjacent to the railroad right-of-way. The fence, or equivalent, shall be installed prior to issuance of a certificate of occupancy. PUBLIC 1. WORKS: Construct to City standards all street improvements including curb & gutter, street paving, drainage improvements, and 5.5' wide sidewalk on Gosford Road and District Boulevard. Provide municipal sewer, water, gas, electrical, telephone, and Cable TV services to each parcel in accordance with Section 16.32.080 D of the Municipal Code. At the north entrance into the site from Gosford Road, lengthen the deceleration lane to meet CulTruns standards. Design and construct the landscaped median island in Gosford Road. The south driveway access may be allowed to the site subject to the subdivider obtaining the necessary right-of-way and constructing the right turn deceleration lane in compliance with Caltrans standards. If the southerly access is provided, the map shall show an access easement across Parcel C at the location of the access. If the subdivider can not obtain the necessary right-of-way without City assistance, the south entrance shall be eliminated. The Subdivider ~s required to install 9,500 lumen high pressure sodium vapor street lights to be located on Gosford Road and on District Boulevard Street light installation shall be foundation mounted steel poles with 28' mounting height and 6' mast arms and shall include but not necessarily be limited to furnishing and installing all street light poles, conduits, wires, luminaires, and splice boxes. To avoid possible conflicts at the installation stage, the subdivider shall consult with the utility companies to ensure there is sufficient clearance between the street light foundations and all utility lines, whether underground or overhead. If electrical service points for street lights aren't available to be shown on street improvement plans, then they shall be shown on utility composite plans to be filed with the City Engineer prior to acceptance of improvements. The subdivider shall ensure the utility understands conduit for street light electrical services shall be kept within the street rights-of-way, unless prior approval is obtained from the City Engineer. Show the access easement into the City owned lift station site at the southeast corner of Gosford Road and District Boulevard. Prior to recordation of the Parcel Map, the subdivider shall submit a. C.C. & R.'s and Property Owner's Association by-laws to provide for the use and maintenance of shared, common facilities to be reviewed and approved by the City. b. an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Parcel Map which will prohibit occupancy of any lot until all improvements have been completed by the subdivider and accepted by the City. Concurrently with recordation of the 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. ZONI W-2-D TENTATIVE PAROEL MAP NO. 10,584 B~, CA Ia~-'- -~'l I---'- --'~1 L[GIrND EXHIBIT