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HomeMy WebLinkAboutRES NO 176-95 176-95 RESOLUTION NO. RESOLUTION ON THE APPEAL OF HAROLD ROBERTSON OF PORTER-ROBERTSON ENGINEERING, MODIFYING THE DECISION OF THE PLANNING COMMISSION REGARDING THE TIMING FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON BERKSHIRE ROAD AND APPROVING TENTATIVE TRACT MAP 5433. WHEREAS, Tentative Tract Map 5433 is generally located north of Berkshire Road and west of Akers Road, as shown on attached Exhibit "A"; and WHEREAS, the Planning Commission, acting as the advisory agency, held a public hearing beginning July 31, 1995 and closing August 3, 1995 for Tentative Tract Map 5433; and WHEREAS, in accordance with Section 16.32.060 of the City of Bakersfield Municipal Code, the Planning Commission approved Tentative Tract Map 5433 subject to the satisfaction of certain conditions; and WHEREAS, one of those conditions pertained to the timing for the construction of Berkshire Road within the boundaries of Tentative Tract Map 5433; and WHEREAS, within the time permitted by law, HAROLD ROBERTSON, of PORTER-ROBERTSON ENGINEERING 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 September 27, 1995; and WHEREAS, testimony was given at said hearing; and WHEREAS, a Negative Declaration was previously approved by the Planning Commission on August 3, 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 proposed division of land, upon completion of the items conditi0n:~,~d~.: .' by the Advisory Agency, complies with such requirements as may have been established by the Subdivision Map Act or local ordinance enacted pursuant thereto as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act or local ordinance enacted pursuant thereto. (Required by Government Code 66428.(B)) 3. The decision of the Advisory Agency is modified, and Tentative Tract 5433 is approved subject to the conditions attached hereto as Exhibit "B". I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council ot~ the City of Bakersfield at a regular meeting thereof held on NO¥ 0 $ 1~J5 , by the following vote: AYES: COUNCILMEMBER OeMONO, CARSON, {~MITH,.Mc{)ERMOTT, ROWLE$, $ULUVAN, SALVAGO~10 NOES: COUNCILM~MBER ABSTAIN: COUNCIUdEM6ER IL/cl-~ NkqE~: COUNCII.~EMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 0 8 1995 MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY of the City of Bakersfield tdwhn:\tr5433ap.res November 16, 1995 3 I THIS WILL BE/~ PHASED PANAMA LANE FIRE $ TA TION NO. 13 TRACT 5#~2 PROPOSED BERKSHIRE ROAD CONSTRUCTION ('FUTURE) BERKSHIRE ROAD /-EXIS TIN G RES/DEN T/AL AREA HOSKING AVENUE I RIDGEVIEW I HIOH i SCHOOL McKEE ROAD TENTATNE TRACT MAP 5433 APPEAL VICINITY MAP EXHIBIT "B" Berkshire Road shall be dedicated with the first final map to be recorded. Berkshire Road within the tract shall be constructed upon the first occurrence of the following: a. Prior to recordation of the first phase if the segment of Berkshire Road between the west boundary of the tract and Stine Road is complete and accepted by the City; or b. Within 180 days of acceptance of the segment of Berkshire Road described in "a" above if acceptance occurs after recordation of the first phase of the tract. Construction shall commence within 90 days of said acceptance. Said improvements of Berkshire Road within the tract boundary shall be secured with an agreement between the City and the Subdivider. Berkshire Road construction shall include a minimum of two paved lanes (32 feet) with graded shoulders from Akers Road to the west subdivision boundary (curb, gutter and sidewalk may be deferred until recordation of the phase fronting Berkshire Road). With recordation of Phase 1 as shown on the tentative map, the subdivider shall construct the full half width of Akers Road northerly from the north Phase 1 boundary to the south line of Parcel 1 of Lot Line Adjustment 41-90, if the City of Bakersfield completes the proposed improvements to Akers Road at the Arvin- Edison Canal crossing or within 90 days of that completion. Construct Nachazel Way at the time Berkshire Road is constructed within the tract. Neither Gretchen Way nor Noella Road are boundary line streets. Therefore, the full width of Gretchen Way shall be included in Phase 1, and all of Noella Road shall be included in Phase 2. The northerly 8 feet of Gretchen Way may be temporarily bonded for through an agreement between the subdivider and the City, and shall be constructed within 6 months of recordation of the Phase 1 final map as shown on the tentative map. In accordance with Section 16.28.160 of the Municipal Code, this department recommends approval of block lengths in excess 1,000 feet. Prior to recordation of a Final Map, the subdivider shall ensure that each cable TV company provides notice to the City Engineer of its intention to occupy the utility trench. (discretionary) 4 EXHIBIT "B" (CONTINUED) Tentative Tract 5433 Page 5 10. 11. 12. 13. 5433.a 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. (discretionary) 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. If the number of dwelling units increases or decreases upon recordation of a final map(s), the acreage required for dedication will change accordingly. Only lots 57 and 93 as identified on Tentative Map 5433 dated July 13, 1995, may have reduced depth lengths pursuant to Subdivision Ordinance Section 16.12.100. Only lots 173-176 as identified on Tentative Map 5433 dated July 13, 1995, may have reduced lot frontage lengths pursuant to Subdivision Ordinance Section 16.28.170 O.1. Only lots 28, 144 and 146 as identified on Tentative Map 5433 dated July 13, 1995, may have reduced lot depth lengths pursuant to Subdivision Ordinance Section 16.28.170 O.1. Only lots 39 and 40 as identified on Tentative Map 5433 dated July 13, 1995, may have reduced lot widths pursuant to Subdivision Ordinance Section 16.28.170 O.1. 5 November 16, 1995