HomeMy WebLinkAboutRES NO 122-95 122-95
RESOLUTION NO.
RESOLUTION ON THE APPEAL OF CARL MORELAND
OF TELSTAR ENGINEERING, INC. AND OVERTURNING
THE DEClSION OF THE PLANNING COMMISSION TO
REQUIRE CONSTRUCTION OF STREET
IMPROVEMENTS ON MCKEE ROAD AND
INSTALLATION OF UTILITY SERVICES TO EACH
PARCEL CREATED FOR TENTATIVE PARCEL MAP
10188.
WHEREAS, Tentative Parcel Map 10188 is generally located south of McKee
Road between Akers Road and Wible Road, as shown on attached Exhibit "A"; and
WHEREAS, the Planning Commission held a public hearing beginning May 1,
1995 and closing May 4, 1995 for Tentative Parcel Map 10188; and
WHEREAS, Section 16.32.080 of the City of Bakersfield Municipal Code states
that the Planning Commission, and on appeal the City Council, may require subdivisions
of land, such as Tentative Parcel Map 10188, to construct street improvements and
provide utility services to each parcel created; and
WHEREAS, the Planning Commission approved Tentative Parcel Map 10188, with
conditions of approval, which include provisions for construction of street improvements
along McKee Road and the installation of utility services to each parcel created; and
WHEREAS, within the time permitted by law, CARL MORELAND, of
TELSTAR ENGINEERING, INC., filed an appeal in writing with the City Council from
the decision of the Planning Commission; and
WHEREAS, a noticed public hearing was set before the Council on July 19, 1995;
and
WHEREAS, testimony was given at said hearing; and
WHEREAS, a Negative Declaration was previously approved by the Planning
Commission on May 4, 1995; and
WHEREAS, the Council duly considered all testimony and evidence on the
record.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. The above-stated recitals, incorporated herein are true and correct.
2. The City Council finds that the construction of street improvements along
McKee Road and the installation of utility services to each parcel created is premature
in relation to the public needs of the present and immediate future.
3. The City Council finds that the omission of such street improvements and
utility installation would not be materially detrimental to the public welfare, safety,
health or convenience, or to the orderly implementation of the general plan.
4. The decision of the Planning Commission regarding conditions to construct
street improvements along McKee Road and install utility services to each parcel created
by the parcel map are hereby modified to defer street improvement construction/utility
service installation to the time of issuance of a building permit as reflected in revised
conditions of approval, hereto attached as Exhibit "B".
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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
dill 1 9 ~ , by the following vote:
ITY CLERK and Ex Officio~l~k of the
Council of the City of Bakersfield
APPROVED d131 10 11t~5
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATFORNEY of the City of Bakersfield
BY:
tdw\m:\pm10188.res
July 6, 1995
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EXHIBIT "B"
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Upon
1.1
1.2
1.3
1.4
issuance of a building permit, the subdivider shall:
provide municipal sewer service to each parcel in the subdivision.
construct, on McKee Road, street paving, curbs & gutter, drain lines and
structures necessary to the use and proper drainage of the streets.
provide to each parcel a water system with mains of sufficient size to
furnish potable domestic water and to provide adequate fire protection for
the ultimate development.
provide to each parcel gas, electrical, telephone, and Cable TV services for
the ultimate development.
Prior to recordation of the parcel map, the following shall be submitted to and
approved by the City Engineer:
2.1 improvement plans for all required improvements;
2.2 dedication to collector standards for McKee Road.
2.3 all easements, properly executed, required for providing services or access
to each parcel.
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