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)
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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.
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November 16, 1995