HomeMy WebLinkAboutRes. No. 12-25 (TPM 12569)RESOLUTION NO. 12-25
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION
TO APPROVE TENTATIVE PARCEL MAP 12569 LOCATED AT
NILES STREET WEST OF KIRKALDY DRIVE.
WHEREAS, QK, representing Bakersfield Brentwood Development LLC, filed an
application with the City of Bakersfield Planning Department requesting a Tentative Parcel Map
12569 (the "Project"), consisting of 2 parcels on 4.57 acres for multi-family residential
development, as shown on attached Exhibit "B", located at Niles Street west of Kirkaldy Drive
as shown on attached Exhibit "C"; and
WHEREAS, the application was deemed complete on December 3, 2024; and
WHEREAS, the Project is Categorically Exempt from the requirements of the California
Environmental Quality Act (CEQA)in accordance with State CEQA Guidelines Section 15315,
Minor Land Division; and
WHEREAS, the Secretary of the Planning Commission, did set, Thursday, February 6,
2025, at 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 the Planning Commission to
consider the Project, and notice of the public hearing was given in the manner provided in Title
16 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 and the Planning
Commission; and
WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue,
Bakersfield, California) is the custodian of all documents and other materials upon which the
environmental determination is based; and
WHEREAS, the facts presented in the staff report, environmental review, and special
studies (if any), and evidence received both in writing and by verbal testimony at the above
referenced public hearing support the following findings:
1 . All required public notices have been given. Hearing notices regarding the
Project were mailed to property owners within 300 feet of the Project area and
published in the Bakersfield Californian, a local newspaper of general
circulation 1 0 days prior to the hearing.
2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield
CEQA Implementation Procedures have been followed. Staff determined
that the application is a project under CEQA and
the Project is Categorically Exempt from State CEQA Guidelines under Section
15315, Minor Land Division, and duly noticed for public review.
Page 1 of 3
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 part of the Project will deliver utilities to
the individual lots or parcels to be created.
4. The application, together with the provisions for its design and improvement,
is consistent with the Metropolitan Bakersfield General Plan. (Subdivision Map
Act Section 66473.5) The proposed density and intensity of development are
consistent with the High-Medium-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.
5. Mineral right owners' signatures are not required on the final map pursuant to
Bakersfield Municipal Code Section BMC Section 16.22.030.B. In accordance
with Subdivision Map Act Section 66445(e), mineral rights owners' signatures
are not required on final parcel maps with 4 or fewer parcels (BMC Section
16.22.030.B). This parcel map contains 2 buildable parcels.
6. The conditions of approval are necessary for orderly development and to
provide for the public health, welfare, and safety.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Bakersfield as follows:
l . The recitals above are true and correct and incorporated herein by this
reference.
2. The map is Categorically Exempt from the requirements of State CEQA Guidelines
Section 15315, Minor Land Division.
3. Tentative Parcel Map 12569, is hereby approved with conditions of approval and
mitigation measures shown on Exhibit "A".
--------000----------
Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Planning Commission of the City of Bakersfield at a regular meeting thereof held on
February 6, 2025, on a motion by Commissioner Kaur and seconded by Commissioner
Brandt Oliver, by the following vote.
AYES:
NOES:
Bittle, Brandt Oliver, Cater, Kaur, Martin, Neal, Strickland
None
Exhibits (attached):
Exhibit A: Conditions of Approval
Exhibit B: Location Map
Exhibit C: Tentative Map
APPROVED
DA~HAIR
City of Bakersfield Planning Commission
CC/S:\ 0S_Land Division\ 24-60000308_Niles Street west of Kirkaldy Drive\01 _Hearing & Noticing
Documents\Drafts\ 12569 _RESO.docx
Page 3 of 3
EXHIBIT "A"
TENTATIVE PARC EL MAP 12569
CONDITIONS OF APPROVAL
NOTE to Subdivider/Applicant: It is important that you review and comply with
requirements and deadlines listed in the "FOR YOUR INFORMATION" packet that is
provided separately. This packet contains existing ordinance requirements, policies, and
departmental operating procedures as they may apply to this subdivision.
PUBLIC WORKS
1. There was no letter submitted requesting deviations from standards.
2. 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.
3. Prior to grading plan review submit the following for review and approval:
3.1. A drainage study for the entire subdivision shall be submitted for review and
approval by the City Engineer.
3.2. Sewer service will be provided by East Niles Community Services District (East
Niles CSD). Please contact East Niles CSD for their planning, design, construction,
and inspection requirements for the entire sewer system.
3.3. If the parcel map is discharging storm water to a canal, a channel, or the Kern
River: In order to meet the requirements of the City of Bakersfield's NPDES
permit, and to prevent the introduction of sediments from construction or from
storm events to the waters of the US, all storm water systems that ultimately
convey drainage to the river or a canal shall incorporate the use of both source
control BMP's and structural treatment control BMP's.
4. Final plan check fees for the Final Map shall be submitted with the first plan check
submission.
5. There was no phasing proposed with this Tentative Map. The following conditions are
based upon the premise that filing of Final Maps will occur in one phase. 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
constructed with that particular phase.
5.1 . The following shall occur with Parcel Map 12569.
5.1.1. Niles Street is within Kern County, reach out to them for any necessary
offsite improvements.
If the number of phases or the boundaries of the phases are changed, the
developer must submit to the City Engineer an exhibit showing the number and
configuration of the proposed phases. The City Engineer will review the exhibit and
determine the order and extent of improvements to be constructed with each new
CC/S:\05_Land Division\24-60000308_Ni/es Street west of Kirka/dy Drive\01_Hearing & Noticing Documents\Drafts\TPM
12569_ Conditions.docx
Exhibit "A"
TPM 12569
Page 2 of 6
phase. The improvement plans may require revision to conform to the new
conditions
6. Prior to recordation of the Final Map, the subdivider shall
6.1. 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.
6.2. 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. If the parcel is already within a consolidated maintenance
district, the owner shall update the maintenance district documents.
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.
6.4. 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 storm water retention basin(s), shared access, and
associated storm drain lines and appurtenant facilities.
7. Prior to the issuance of building permits, the project applicant shall participate in the
RTIF program by paying the adopted fees in place for the land use type at time of
development.
8. All lots with sumps and water well facilities will have wall and/or slatted chain link
fence and landscaping to the appropriate street standards, at the building setback
with landscaping as approved by the Public Works and Parks Directors, unless the
sump is a private facility. If the sump will be privately maintained, the sump shall be
constructed to City standards and shall have a wall or slatted chain link fence
separating the sump from the public.
9. Drainage basins shall be reviewed and approved by both the Public Works
Department and the Water Resources Department.
l 0. Install blue markers in the street at the fire hydrants per the Fire Department
requirements.
11. The use of interim, non-standard drainage retention areas shall be in accordance
CCIS:\05_Land Division\24-60000308_Ni/es Street west of Kirkaldy Drive\01_Hearing & Noticing Documents\Drafts\TPM
12569_ Conditions.docx
Exhibit "A"
TPM 12569
Page 3 of 6
with the drainage policy adopted by letter dated January 22, 1997, and
modification letter dated October 20, 2000.
12. In order to preserve the permeability of the sump and to prevent the introduction of
sediments from construction or from storm events, Best Management Practices for
complying with the requirements of the Clean Water Act are required.
13. Prior to the recordation of the first final map within this project site, subdivider shall
make written notification to the City Engineer of any public improvements required
to be financed or constructed outside the boundaries of the tentative map (i.e.,
"offsite improvements"), as defined in BMC§ 116.16.080(E), and the cost of such
offsite improvements. The notice shall include an engineer's estimate or other
documentation as required by the City Engineer that outlines by line item the
specific offsite improvements for purposes of verifying extension of time eligibility
pursuant to Government Code Section 66452.6(a). The written notification and
documentation are subject to approval by the City Engineer or his/her designee.
14. This development is located within the Pioneer Planned Drainage Area (PDA) per
Resolution 063-14. PDA fees shall be paid prior to final map recordation.
15. All facilities within the boundaries of this subdivision identified by the approved
Pioneer drainage study shall be constructed in accordance with the plans
approved by the City Engineer, and all easements required shall be provided.
FIRE SAFETY DIVISION
16. Pipeline Easements.
16.1 Concurrently with recordation of any phase that includes the pipeline easements or
portions thereof, subdivider shall show the easements on the final map with a
notation that structures including accessory buildings, habitable portion of a
structure, garage, deck/patio, swimming pools or unoccupied permanent structure,
are prohibited within the setback and record a corresponding covenant.
16.2 Prior to or concurrently with recordation of any phase that includes the pipeline
easements or portions thereof, subdivider shall show on the final map that no
habitable portion of a structure, garage, deck/patio, swimming pools or
unoccupied permanent structure may be built within 50 feet of a gas main, or
transmission line, or refined liquid product line with 36 inches of cover and record a
corresponding covenant.
16.3 No structure may be within 40 feet of a hazardous liquids pipeline bearing refined
product, within 48 inches or more of cover. If a pipeline meets these criteria, the 40-
foot setback line shall be shown in the final map and a corresponding covenant
shall be recorded prior to or concurrently with recordation of any phase that is
affected.
16.4 No habitable portion of a structure may be built within thirty (30) feet of a crude oil
pipeline operating at twenty percent (20%) or greater of its design strength.
CC/S:\05_Land Division\24-60000308_Niles Street west of Kirkaldy Drive\01_Hearing & Noticing Documents\Drafts\ TPM
12569_ Conditions.docx
Exhibit "A"
TPM 12569
Page 4 of 6
16.5 Prior to or concurrently with recordation of any phase within 250 feet of the pipeline
easements, subdivider shall record a covenant disclosing the location of the
pipelines on all lots of this subdivision within 250 feet of the pipelines.
American Petroleum Institute Standards and Guidelines for property development
17. Fire Apparatus Access Roads and Hydrants
17.1 When fire protection, including fire apparatus access roads and water supplies for
protection, is required to be installed, such shall be installed and made serviceable
prior to any building permit issuance and throughout the time of construction.
17 .2 Dead-End fire apparatus access roads in excess of 150 feet shall be provided with
width and turnaround provisions in accordance with Table D103.4
(California Fire Code)
Table D 103.4
R equ1rmen s or ea -n ire .ppara us tf D dEdF A t A ccess R d oa s
Length Width Turnaround Required
(Feet) (Feet)
0-150 20 None required
120-foot Hammerhead, 60-foot "Y" or 96-foot
151-500 20 diameter cul-de-sac
120-foot Hammerhead, 60-foot "Y" or 96-foot
501-750 26 diameter cul-de-sac
Over750 Special Approval Required
17.3 Fire Apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus weighing at least 75,000 pounds and shall be
surfaced with the first lift of asphalt to provide all-weather driving capabilities.
18. Provide a temporary turnaround at the end of the proposed access road on parcel #2.
RECREATION AND PARKS
19. Prior to recordation of each 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 you are hereby
notified that the 90-day period in which you may protest the imposition of this fee has
begun.
CCIS:\05_Land Division\24-60000308_Ni/es Street west of Kirka/dy Drive\01_Hearing & Noticing Documents\Drafts\TPM
12569_ Conditions.docx
Exhibit "A"
TPM 12569
Page 5 of 6
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 subject to Government Code Section
66020(d). Staff is recommending this condition in accordance with BMC Chapter 15.80.
20. Landscape improvements within the public right-a-way on Niles Street shall be privately
maintained by an established HOA or approved CC&R's for the subdivision.
CITY ATTORNEY
21. 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 and 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
22. 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 6647 4.2.
23. Prior to recordation of each final map, subdivider shall submit a "will serve" or "water
availability" 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 provide for the public health, welfare and safety
by ensuring water service to the subdivision at the time of final map recordation
CC/S:\05_Land Division\24-60000308_Niles Street west of Kirkaldy Drive\01_Hearing & Noticing Documents\Drafts\TPM
12569_ Conditions.docx
Exhibit "A"
TPM 12569
Page 6 of 6
because the water purveyor has included an expiration date in the initial "will serve"
letter.
24. 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
Geologic Energy Management (CalGEM). The subdivider is responsible for any remedial
operations on the well required by CalGEM. Subdivider shall also be subject to provisions
of BMC Section 15.66.080 (B.)
Police power based on public health, welfare and safety.
25. Prior to or concurrently with recordation of the final map, subdivider shall record minimum
width of 20-foot-wide access to Parcel 2 that does not include any portion of the Southern
California Edison (SCE) tower line easement or encumbered by another easement. The
20-foot-wide access easement is subject to Planning Director review and approval prior
to recordation of a final map
Public safety
26. Prior to recordation of each 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-1 OJ including concrete curb, and
approved by the City Engineer adjacent to the tower line easement, as measured from
highest adjacent grade, along the common property line. The concrete curb may be
waived subject to Planning Director approval. The tower line fence may not be bonded
or secured. A temporary fencing plan may be approved by the Planning Director to
facilitate project phasing.
Tower line easement required and based on a finding to provide for the public health,
safety and welfare.
27. Prior to recordation or concurrently with recordation of each final map, subdivider shall
create a Homeowners Association (HOA) and CC&Rs for the subdivision, as approved by
the City Attorney and Planning Director to maintain the common areas including the
private street and private landscaping. Prior to recordation, subdivider shall submit HOA
and CC&Rs to the City for review and approval.
Orderly development.
28. Prior to ground disturbance, the developer shall have a California Department of Fish
and Wildlife approved biologist survey the location for endangered or listed species and
comply with any avoidance recommendations. A copy of the survey shall be provided
to the Planning Department prior to ground disturbance.
Orderly development.
CC/S:\05_Land Division\24-60000308_Niles Street west of Kirka/dy Drive\01_Hearing & Noticing Documents\Drafts\TPM
12569_ Conditions.docx
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Zoning
R-1 One Familr Dwelling
6,000 sq.It. min lot size
R-1-4.S One Familr Dwelling
4,SOO sq.ft. min lot size
E Estate
10,000 sq.ft. min lot size
R-S Residential Suburban
24,000 sq.ft./dwelling unit
R-S-{ ) Residential Suburban
1, 2.S, Sor 10 min lot size
R-2 Limited Multiple Family Dwelling
4,SOO sq.ft. min lot size (single familrl
6,000 sq.ft. min lot size (multifamilrl
2,500 sq.ft. lot area/dwelling unit
R-3 Multiple Familr Dwelling
6,000 sq.ft. min lot size
1,250 sq.ft. lot area/dwelling unit
R-4 High Densitr Multiple Fomilr Dwelling
6,000 sq.ft. min lot size
600 sq.ft. lot area/dwelling unit
R-H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A-20A Agri<ulture
20 acre min lot si1e
A-WR Agri,ulture-Water Recharge
Combining
PUD Planned Unit Development
TT Travel Trailer Park
MH Mabilehome
C-0 Professional & Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C-C Commercial Center
C-B Central Business
PCD Planned Commercial Development
M-1 Light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlar
OS Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
FP-P Floodplain Primary
FP-S Floodploin Secondarr
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citiien Overlay
HD Hillside Development Combining
WM West Ming Specific Plan
Exhibit B
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( TENTATIVE PARCEL MAP 12569]
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