HomeMy WebLinkAboutRES NO 16-94RESOLUTION NO. :1 6 '_ 9g
RESOLUTION ON THE APPEAL OF FRED PORTER OF
PORTER-ROBERTSON AND MODIFYING THE
DECISION OF THE PLANNING COMMISSION
REGARDING PARK LAND CREDIT FOR TENTATIVE
TRACT 5656.
WHEREAS, Tentative Tract 5656 is generally located on the southwest
corner of Highway 178 and Miramonte Drive, as shown on attached Exhibit "C"; and
WHEREAS, the Planning Commission held a number of public hearings
beginning October 4, 1993 and closing on October 21, 1993 for Tentative Tract 5656;
and
WHEREAS, the Subdivider requested park land credit for his proposal to
install landscaping, meandering sidewalk and an exercise par course along a drainage
channel which traverses the subject property; and
WHEREAS, the Planning Commission approved Tentative Tract 5656, with
specified findings and conditions of approval; and
WHEREAS, in accordance with Bakersfield Municipal Code Section
15.80.120(A), the Planning Commission made findings and approved 0.19 acres of park
land credit for Tentative Tract 5656, with the requirement that the Subdivider install
landscaping, irrigation, 8-foot wide meandering sidewalk, security lighting, useable open
space, picnic tables with benches and barbecues, exercise par course, benches, signage
and a minimum 6 foot high masonry wall adjacent to the residential lots; and
WHEREAS, within the time permitted by law, FRED PORTER of
PORTER-ROBERTSON, filed an appeal in writing with the City Council from the
decision of the Planning Commission; and
WHEREAS, a noticed public hearing was set, opened and continued before
the Council from January 12, 1994 to January 26, 1994; and
WHEREAS, no other person appeared to testify at said hearing; and
WHEREAS, a Negative Declaration was previously approved on May 12,
1993 with associated General Plan Amendment 1-93, Segment V and Zone Change 5421.
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.
Findings, as attached hereto as Exhibit "B" are adopted.
3. Planning Commission finding 13 of Exhibit "B" is not appropriate
but is otherwise affirmed.
4. The decision of the Planning Commission regarding the amount of
park land credit approved for Tentative Tract 5656 is hereby modified to approve 1.75
acres of park credit as reflected in revised conditions of approval, Exhibit "A".
.......... o00 .........
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the ~j~ of Bakersfield at a regular meeting thereof held on
JAN 2 6 , by the following vote:
AGSTAIN: COUNCILMEMBERS ~ 0 ~11 ~5
ABSENT: COUNCILMEMBERS ~1 O i~i'~ -
APPROVED JAN 2 6 199~
MAYOR of the City of Bakersfield
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATTORNEY of the City of Bakersfield
CITY ATTORNEY
JE:pjt
January 18, 1994
res'a'5656
EXHIBIT "A"
Tentative Tract 5656
Page 1
1
2
3
6
7
8
9
10
11
12
PUBLIC WORKS
Include the designated remainder within the subdivision boundary as a numbered lot (186).
This subdivision shall be subject to the conditions of approval of GPA 1-93, Segment V.
Prior to review of improvement plans for the first phase to be recorded, a plan for the disposal of
drainage waters originating on site and from adjacent road rights-of-way shall be submitted by the
subdivider and approved by the City Engineer. The plan shall include the entire subdivision.
The subdivider shall required drainage structures and facilities to ensure compliance with NPDES
requirements.
If permanent detention basins are proposed adjacent to a subdivision or public street, then, in
accordance with the requirements of the City Engineer, the subdivider shall install landscaping and
an automatic irrigation system in the area between the sidewalk and retention basin fences or walls.
Prior to review of improvement plans, a grading plan for the entire subdivision shall be submitted to
and approved by the City Engineer.
The number and location of cross gutters and inverted siphons allowed, if any, will be determined at
the time of drainage/grading plan review.
Prior to review of improvement plans, a master sewer plan for the entire subdivision shall be
submitted to and approved by the City Engineer.
Municipal sewer service is required for each lot in the subdivision.
Prior to recordation of a Final Map,
10.1 the subdivider shall pay, in accordance with Resolution No. 116-93, all costs for establishing
a new maintenance district or inclusion of the subdivision into an existing maintenance
district.
i0.2 the subdivider shall pay his proportionate share of the estimated costs for median island
construction in State Route 178.
If the assessment district proceedings for the northeast sewer are complete, then prior to recordation
of a Final Map, the subdivider shall make a written request for apportionment, sign all documents
relating lhereto, and pay all appropriate fees for the apportionment of the assessments from the old
parcels to the new.
In accordance with Ordinance No. 3532 lbr GPA 1-93, Segment V & Zone Change No. 5421, prior
to a cumulative subdivision of more than 150 lots (with CalTrans approval), a Project Study Report
(PSR) will be required to determine the extent and cost of improvements required along State Route
178 both within and outside the project boundaries.
Janua~ 18, 1994
EXHIBIT "A"
Tentative Tract 5656
Page 2
13
14
15
16
17
18
19
20
21
22
23
Upon issuance of a building permit, fees (all based upon the charges or rates in effect at the time of
issuance of the building permit) shall be paid to the City for the following:
13.1 sewer connection fee or arrangements with Olcese Water District as appropriate and
approved by the City Engineer;
13.2 regional traffic impact fee;
13.3 local traffic mitigation fee per GPA 1-93, Segment V, and the PSR above.
Above-ground utility cabinets or facilities may not be installed within the road rights-of-way without
approval by the City Engineer.
Street light installation on major streets shall be foundafion 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. Numbers and locations of required
lights will be determined after any required design revisions have been made to the tentative map.
Installation of the 5,800 lumen lights may be of a different type and specification to be approved by
the City Engineer.
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 flied 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.
Prior to approval of improvement plans, the subdivider shall submit to the City Engineer easements
for off-site storm water detention and drainage facilities.
The subdivider shall provide secondary access to the subdivision, or a particular phase of the
subdivision, as required by emergency services or as necessary to bring the subdivision into
conformance with maximum cul-de-sac lengths.
Park Palisade Drive and Park Place Drive between Miramonte Drive and Park Palisade Drive shall
be dedicated full width.
A waiver of direct access rights from all abutting lots to State Route 178 and to Miramonte Drive
shall be required.
Additional areas outside the State Route 178 and Miramonte Drive rights-of-way needed for
landscaping shall be dedicated.
January 18, 1994
EXHIBIT "A"
Tentative Tract 5656
Page 3
24
25
26
27
28
29
30
31
32
33
34
Temporary turnarounds shall be dedicated as required by the City Engineer.
Easements to be dedicated to the C'ty for utility, sewer, storm drain, electrical, or other purposes shah
not cross private property (extend through, across, or between lots) without the prior approval of the
City Engineer.
Prior to recordation of the Map, additional dedication shall be provided as required for turn lanes,
intersection expansions and transitions.
Type & location of centralized mail delivery units, the location to be approved by the City Engineer,
shall be determined in consultation between the subdivider and the Postal Service. If the Postal
Service requires special easements for placement of delivery units, then said special easements shall
be shown on the Final Map.
The subdivider shall provide notification of the subdivision to GET by certified mail with the request
for proposed bus turnout locations to be indicated by GEl' with locations to be submitted to the City
Engineer. Verification of the mailing will be provided to the City Engineer, and if no response is
received from GET by the City within 30 days after notification, it will be assumed GET has no
requirements for bus turnouts.
The subdivider shall construct bus turnouts as required by Golden Empire Transit through
consultation with the subdivider and as approved by the City Engineer. Verification of GET's
requirements, if any, shall be provided to the City Engineer prior to review of improvement plans.
Any construction within State right of way shall be done in accordance with CalTrans and City
requirements. A Caltrans permit shall be obtained for any work within State right of way.
Temporary turnarounds shall be constructed as directed by the City Engineer.
The subdivider shall install irrigation and electrical conduits to the median island for landscaping
purposes and also conduits (2-3" conduits) and pull boxes for the future installation of traffic signals
at Miramonte Drive & State Route 178, Park Place Drive & Miramonte Drive, and Park Palisades
Drive & State Route 178.
The subdivider shall install traffic signal interconnect conduits (1-2") with #5 pull boxes along the
project's frontage of State Route 178.
The subdivider shall construct full street improvements adjacent to the park site if and when the park
site is accepted as a park site by the City or when required per approved phasing. Those
improvements include curb & gutter, sidewalks, street paving, sewer and utility services. Sidewalks
adjacent to the park site may be deferred until either park or school facilities are constructed.
January 18, 1994
EXHIBIT "A"
Tentative Tract 5656
Page 4
35
36
37
38
39
40
41
In accordance with the requirements of GPA 1-93, Segment V, prior to recordation of a Final Map,
the subdivider shall enter into an agreement with the City and post approved security to guarantee
the construction of street improvements for the realignment of Comanche Road with Alfred Harrel
Highway within the project limits.
Access to State Route 178 at Park Palisades Drive shall be as approved by Caltrans. If full access is
approved, then the subdivider shah be responsible for the installation of a traffic signal at this
location. The subdivider shall enter into an agreement and post approved security with the City to
guarantee its installation when warranted, and a reimbursement agreement between the City and the
subdivider for local traffic impact fees collected for this traffic signal from other developments will
be allowed.
Consistent with a phasing plan approved by the City Engineer, Park Palisade Drive and Park Place
Drive between Miramonte Drive and State Route 178 shall be constructed full width, except that
sidewalk construction on the southerly side of Park Palisade Drive may be deferred until development
or division of Lots 182, 183, or 184. Depending upon the sequence of recording for divisions of those
lots, sidewalks may be required adjacent to Lots other than that which is being recorded.
If secondary access to the subdivision, or a phase of the subdivision, is required, then the subdivider
shah improve said access in a manner acceptable to the City Engineer and to the Fire Chief.
Improvement plans shall include a signing/striping/marking plan.
Prior to review of improvement plans by the City, all concept approvals shall be obtained and the
subdivider shall submit:
40.1 a map of the entire subdivision, with proposed phase lines if filing multiple maps, showing
all required & approved changes, if any, and with verification from the Planning Department
of street name approval. Staff will then indicate the number and location of required street
lights, street name signs, and traffic control signs.
40.2 A preliminary soil report covering the entire subdivision, with R values, and engineering
calculations to justify the structural sections proposed. Traffic Indexes as shown below shall
be used for paving calculations:
40.2.1 6.0 for Miramonte Drive.
40.2.2 per Caltrans requirements for State Route 178.
40.3 infiltration tests for the retention basin site, if such site is approved.
40.4 a preliminary engineer's estimate.
40.5 plan check and inspection fees based on the preliminary engineer's estimate.
Concurrently with recordation of the Final Map, a covenant shall be recorded, such covenant shall
contain information with respect to the formation of, or addition of territory to a maintenance district
for this tract. 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.
Januar,/ 18, 1994
EXHIBIT "A"
Tentative Tract 5656
Page 5
42
43
44
45
Prior to recordation of a Final Map,
42.1 the City Engineer shall approve the area to be included in each phase and will determine the
extent of improvements to be constructed with each phase of development.
42.2 all improvement plans, including those for any required median islands, walls, landscaping,
and irrigation, shall be approved by the City Engineer. Construction plans for walls shall be
an independent set of plans.
42.3 the subdivider shall submit all easements, properly executed, required for off-site sewer, storm
drain, access, or street construction.
42.4 the subdivider shall ensure that each cable TV company provides notice to the City Engineer
of its intention to occupy the utility trench.
Prior to acceptance of the improvements by the City,
43.1 Certificates of Compliance from the manufacturers of products shall be submitted on all
materials used in the project, including but not limited to manholes, frames and covers, pipe,
poles, pull boxes, concrete.
43.2 all street lights shall be energized and fully operational, and all costs, including any start-up
costs required by the utility company, shall be borne by the subdivider.
43.3 all required monuments shall be in place and notice shall be given in accordance with Section
66497 of the Subdivision Map Act.
43.4 Record drawings of the required improvements, signed by a registered Civil Engineer, shall
be provided to the City Engineer.
43.5 the utility composite plan shall be submitted to the City Engineer.
43.6 "as-graded" plans, signed by a registered Civil Engineer, shall be provided to the City
Engineer.
All improvements on Lots 181 - 186 may be deferred until further subdivision of each lot except as
otherwise required and as otherwise required by GPA 1-93, Segment V conditions.
No occupancy of any lot will be permitted until all required improvements have been completed by
the subdivider and accepted by the City.
BUILDING DEPARTMENT
Prior to the filing of the final map, the subdivider shall obtain approval of a preliminary soils report
and grading plans for Lots I through 180. The soils report shall include recommendations for any
expansive soils conditions. The soils report and grading plans shall also include recommendations for
proper abandonment of existing sewage disposal system located within tract boundaries and relocated
outside of buildable lots with Kern County Health Department and City of Bakersfield approval.
Prior to further subdivision or issuance of a building permit, whichever occurs first, the subdivider
shall obtain approval of preliminary soils reports and grading plans for Lots 181 through 184. (BMC
f6.44)
Prior to the issuance of a building permit an approved final soils report will be required. (BMC
16.44)
January lB, 1994
EXHIBIT "A"
Tentative Tract 5656
Page 6
10.
11.
12.
Prior to permitting occupancy of any lot all required improvements must be accepted by the City of
Bakersfield. (BMC 16.16 and BMC 16.32)
Prior to recordation of a final map, an Acoustical study prepared by a qualified acoustical consultant
shall be provided to show that structures within the project area are designed to mitigate noise
exposures to a level of 65rib CNEL or less in exterior activity areas and 45db CNEL or less in interior
living areas in accordance with the Noise Element of the 2010 General Plan. (Noise Element Policies
Numbers I and 2)
The final map shall show storm drainage channel within the tract boundaries relocated in an approved
method outside of any buildable lots and with all necessary easements (BMC 16.32)
Prior to filing of the final map on lots 1 through 180, all existing structures within the tract boundaries
shall either be removed or shall show appropriate fire resistive wall construction adjacent to property
lines as defined by Uniform Building Code. (BMC 16.16)
All wells and related equipment shall conform to all requirements set forth by the Kern County
I Iealth, City of Bakersfield Fire Department, and State Department of Oil and Gas, prior to issuance
of a building permit adjacent to a well.
The location of all wells and pipelines shall be shown on the final map with respect to adjacent
property lines and shall be located and adequately marked at the site by a licensed surveyor or
engineer. (BMC 16.16)
Prior to the filing of the final map, existing utility lines (such as sewer lines) shall be shown relocated
outside buildable lots with all necessary easements and access approved by the City of Bakersfield and
recorded. (BMC 16.16 and BMC 16.32)
Prior to the filing of the final map covering any portion of the leach field easement area, all necessary
permits and approvals for relocation and/or abandonment of sewage disposal system shall be obtained
from the Kern County Health Department and the City of Bakersfield.
Prior to filing of final map, all existing structures, runway and sewage disposal system within the Tract
Boundaries shall be located and adequately marked on final map by a licensed surveyor or engineer.
(BMC 16.16)
Prior to filing of final map, all existing structures and sewage disposal ,system within tract boundaries
shall be properly removed outside of any buildable lots and any remaining structures adjacent to
proposed property lines shall show appropriate fire resistive wall construction as defined by Uniform
Building Code. (BMC 16.16)
Januat3'18,1994
On
EXHIBIT "A"
Tentative Tract 5656
Page 7
FIRE DEPARTMENT
11 Fire hydrants will be required.
Based upon available information, fire flow requirement will be 1,000 gallons per minute.
Water mains are to meet I.S.O. and City requirements with dead end mains no less than 8 inches
diameter in size.
Prior to issuance of a building permit, water mains and fire hydrants to be installed by developer shall
be completed, tested and accepted (UFC 10.502, 10.503). All hydrants shall be kept in service and
made accessible to the fire department apparatus by roadways meeting the requirements of Uniform
Fire Code 10.204.
All subdividers and all persons otherwise to purchase necessary nuts, bolts and gaskets, from the City
of Bakersfield and install all hydrants no more than 6 inches from permanent line and grade and pay
the total cost thereof. (BMC 16.32.060).
All streets and access roads to and around any building under construction must be at least 20 feet
in width and graded to prevent ponding at all times.
Barricades must be placed where ditches and/or barriers exist in roadways. Emergency vehicle access
must be reliable at all times.
Prior to issuance of a building permit, secondary access must be provided. More than one fire
apparatus road may be required when it is determined by the fire chief that access by a single road
may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that
could limit access. (UFC 10.502)
Class "A" roof material will be required.
FIRE SAFETY CONTROL
No structures shall be built within one hundred feet of any oil well unless the well has been properly
abandoned. (UFC 79.1103(c)).
The developer shall provide certification to Fire Safety Control from the California Division of Oil
and Gas that the well has been properly abandoned prior to issuance of a building permit for any
structure within 100 ft. of an oil well, however no structure may be built within 10 ft. of an abandoned
oll well.
Prior to issuance of a building permit the location of any well is to be surveyed, located, and marked
by a licensed civil engineer. A map shall be furnished to Fire Safety Control showing the location and
measurements of any well in relation to any existing and proposed structures. (UFC 79.1102(c))
January 18, 1994
EXHIBIT "A"
Tentative Tract 5656
Page 8
2.
3.
4.
10.
Developer shall notify the owner of the structure (residence) of the existence of an abandoned oil well
on their lot through the deed or other legal documents.
PARKS DIVISION
Walls and landscaping are required adjacent to double frontage lots, or as approved by future wall
and landscape plans. (BMC 16.28.170).
The proposed parkway will be maintained by the City and shall be included in the future maintenance
assessment district for this area.
Landscaping will be required between back of sidewalk and face of wall/fence, adjacent to all non-
buildable lots, i.e. sumps, drill sites, etc., where such lots front interior streets.
Prior to the filing of the final map, a maintenance district shall be established, the subdivision shall
be annexed into an existing district, form a new district, or the subdivider shall provide an alternate
means of maintenance which is acceptable to the City for parks and street landscape improvements.
Subdivider is responsible for submitting a letter to the Public Works Department requesting inclusion
in a district by one of these methods. The city will not accept maintenance responsibilities for the
area without a funding mechanism in place at the end of the six month maintenance period.
Prior to the filing of the final map, the Subdivider shall submit detailed irrigation, landscape, and wall
construction plans for review by the City Parks Division, and approval by the City Engineer.
Prior to filing of the final map, the subdivider shall either install all landscaping and automatic
irrigation systems or enter into a separate agreement with the City and post approved security to
guarantee their installation.
At least 48 hours prior to installation of the irrigation system and landscaping, the Subdivider shah
notify the City Engineer and the City Parks Division.
The Subdivider shall maintain all irrigation and landscape for a period of not less than one hundred
eighty (180) days after receiving written acceptance by the City Parks Division. The water and
electricity will be paid by the subdivider until the end of the one hundred eighty (180) day
maintenance period and final written acceptance by the City.
After the one hundred eighty (180) days and the final written acceptance by the city, the Subdivider
will be responsible for providing the Parks Division with the respective utility account numbers so that
billing may be transferred to the City.
Subdivider shall provide a set of reduced (1 lx17), reproducible, (Mylar, Cronar, Vellum), as-built
drawings of the irrigation system. The drawings must be turned over to the Parks Division prior to
the City assuming maintenance responsibilities.
The property owner shall install park amenities as approved by the Parks Department staff.
Janua~ 18, 1994
EXHIBIT "A"
Tentative Tract 5656
Page 9
PLANNING DEPARTMENT
Prior to filing of the final map, an approved plan for utility easements shall be provided. Easements
for Public Utilities shall be determined, by the developer, through consultation with the public utility
company.
Pursuant to the authority of section 66474.9 of the California Government Code approval of this map
is conditioned upon the subdivider defending, indemnifying and holding harmless the City, its agents,
officers and employees from any claim, action or processing against the City, its agents, officers and/or
employees, to set aside, void or annul an approval concerning this subdivision, if such action is
brought within the time period provided for in section 66499.37 of the California Government Code.
The City shall promptly notify the subdivider of any such claim, action or proceeding and shall
cooperate fully in such defense.
Prior to issuance of a building permit, a habitat conservation plan interim mitigation fee shall be paid.
The fee will be based on the adopted charges at the time of issuance of a building permit or permit
approvals described in an adopted Habitat Conservation Plan and associated ordinances, resolutions
and agreements. The current fee is $680.00 per gross acre. (BMC 15.78)
Prior to filing of a final map the subdivider shall conform to the Subdivision Ordinance relating to
obtaining mineral rights owners signatures. (BMC 16.20.060 per Ordinance 3515 effective May 14,
1993)
Prior to filing of a final map, subdivider shall obtain approval of conceptual plans for landscaping and
walls in accordance with Planning Commission Resolution No. 58-92.
Prior to submitting any improvement, drainage, sewer, grading or other required plans, subdivider
shall rename the following streets, and obtain approval from the Planning Director (BMC 16.28.130):
Canon Court
Verde Vista Street
La Cresta Court
Solana Court
Mariposa Street
The street between De LaVina Drive and Cumeta Court shall be named La Cantera Drive.
The subdivider is required to submit alternate names to the Planning Department for consideration
by several agencies. Subdivider should allow three weeks to process alternate street names.
Prior to filing of a final map, the subdivider shall construct a six-foot high masonry wall along
Highway 178; Miramonte Drive, and along the rear lot lines adjacent to the drainage channel as
shown on the tentative tract. Wall height shall be measured to the highest adjacent grade, except for
along the rear lot lines adjacent to the drainage channel where a combination retainingwall/masonry
wall is acceptable.
$anuai3' 18, 1994
EXHIBIT "A"
Tentative Tract 5656
Page 10
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Pursuant to approval of GPA 1-93, Segment V and Zone Change 5421 prior to the issuance of a
building permit within the project area, $2.65 per square foot of assessable space, as defined in
Section 65995 of the Government Code, shall be paid for the purpose of providing school facilities.
The drainage channel shall be a letter lot(s) on the final map.
If any actual or suSpected archaeological resources be unearthed during site disturbance or
construction operations, work in the area of discovery shall be stopped until the finds can be evaluated
by a qualified archaeologist, and if necessary mitigated prior to resumption of development.
(mitigation)
Prior to recordation of a final map, the airport runways must be permanently closed in accordance
with FAA standards. (GPA 1-93, Seg. V, ZC 5421)
Upon recordation of a final map on a phase abutting the Ant Hill Oil Field or subsequent subdivision
of lots 181, 182, 183 and 184, a six foot high masonry wall (as measured from adjacent highest finished
grade) shall be constructed by subdivider along the R-1 property line abutting the oil field. The wall
shall not be constructed within the public right-of-way. (GPA 1-93, Seg. V, ZC 5421)
There shall be a fifty (50) foot dwelling unit setback along the southern boundary of the project site
separating the residentialzoned property and the Ant Hill Oil Field. (GPA 1-93, Seg. V, ZC 5421)
Prior to grading or site disturbance, potential kit fox dens on the project site shall be identified by a
kit fox clearance survey under the supervision of a qualified biologist, or the subdivider shall comply
with the 10(a) and 2081 permits issued by Federal and State wildlife agencies. (Mitigation)
Prior to grading or site disturbance, surveys for the Blunt-Nosed Leopard Lizard shall be conducted
during the spring according to the California Fish and Game guidelines in order to determine if the
lizard is present. Dept. of Fish and Game shall approve the survey. (Mitigation)
Windows and sliding glass doors adjacent lots along Highway 178 shall be mounted in low air
infiltration rate frames (.05 efta/ft. or less per ANSI specifications.) (Mitigation)
Exterior doors facing tlighway 178 shall be solid core wood with perimeter weather-stripping and
threshold seals. (Mitigation)
Air conditioning or mechanical ventilation shall be provided to allow occupants to close doors and
0windows for the required acoustical isolation. (Mitigation)
Roof or attic vents installed in homes adjacent to IIighway 178 shall be baffled so that sound must
take an indirect route when entering the attic space. (Mitigation)
Prior to filing of a final map the Subdivider shall either dedicate park land at a rate of 2.5 useable
acres per 1,000 population, pay in-lieu fees, or a combination of both at the option of the City of
Bakersfield. The park for this map shall be located on 5.25 acres of land shown on the north end of
Janua~ 18, 1994
EXHIBIT "A"
Tentative Tract 5656
Page 11
21.
22.
23.
lot 181. It shah consist of 2.75 acres to be dedicated and 2.5 acres to be reserved with a linear
extension of the park along the drainage channel to the west. The area subdivided for 180 single
family lots shall be required to meet the park land requirement prior to a final map by development
of the landscaped drainage channel/park extension in accordance with plans to be approved by the
Planning Commission.
Prior to filing a final map, the subdivider shall enter into an agreement with the City which shall at
a minimum, identify the location of the park within this tract, acreage size and time of dedication of
the park to serve the residents on the south side of Highway 178. (BMC 15.80)
Park land credit in the amount of 1.75 acres for park facilities in the 3-1/2 acre drainage area shall
be allowed for lots 1 through 180. Development of the linear component of the park and drainage
facilities, as approved by the City, will satisfy the developer's park land and development fees
obligations on the first phase of development consisting of 180 --+ lots between Park Palisades and
Highway 178.
Prior to recordation of any final map, Subdivider shall submit and obtain approval of the conceptual
plan for the linear extension of the park. Actual design and amenities of the linear park shall be to
the satisfaction of the Planning Commission, and shall at a minimum include, but not be limited to,
landscaping, irrigation, 8 foot wide meandering sidewalk, security lighting, useable open space,
exercise par course, benches, signage and minimum six foot high wall/fence including retention wall
adjacent to the residential lots.
With the application for conceptual plan for the linear park, the subdivider shall submit a plan
detailing the proposed time of construction commencement and completion of the linear park, its
maintenance, the signage plan and the disclosure of the drainage channel to adjacent residential
property owners. Subdivider shall obtain Planning Commission approval of this plan. (Park
Committee Report for the meeting of October 21, 1993)
Design flow area of the drainage channel, the standard sidewalk area and the landscape area which
would be required are excluded from consideration as part of the park credit.
5656.a
January l~1994
EXHIBIT B
Page 1 of 2
FINDINGS FOR TENTATIVE TRACT 5656
ADOPTED BY THE PLANNING COMMISSION
ON OCTOBER 21, 1993:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. A Negative Declaration for the project was adopted on May 12, 1993.
4. Urban services are available for the proposed development.
5. The proposed Tract, together with the provisions for its design and
improvement, is consistent with the General Plan. (Required by Gov. Code 66473.5)
6. The site is physically suitable for the type of development proposed (as
conditioned).
7. The site is physically suitable for the proposed density of development
proposed (as conditioned).
8. The design of the Tract or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
9. The design of the Tract for the type of improvements is not likely to cause
serious health problems.
10. The design of the Tract or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed tract.
11. The design of the Tract provides, to the extent feasible, for the future
passive or natural heating or cooling opportunities in the Tract. (Section 66473.1 of the
Subdivision Map Act)
12. The public health and safety necessitate the requirement for Class A roof
materials.
EXHIBIT "B"
Tentative Tract 5656 Findings,
Page 2 of 3
FINDINGS CONTINUED:
13. The proposed linear park meets the standards for no more than 0.7 acres per
one thousand population as set forth in Bakersfield Municipal Code Section 15.80.120
(A), which are:
(a.) Yard setbacks or other open space areas required by the zoning and
building ordinances shall not be included in computation of such credit;
(b.) Private ownership and maintenance of open space is adequately provided
for by written agreement or CC&Rs approved by the City;
(c.) The use of the private open space is restricted and preserved for park and
recreational purposes;
(d.) The proposed private open space is reasonably adaptable for park and
recreational purposes taking into consideration such factors as size, topography,
geology, access, and location of the private open space;
(e.) The facilities proposed are:
(1). In substantial accordance with the provision of the General Plan;
(2). Are appropriate to the recreation needs of future residents of the
development;
(3). Substantially comparable to the park and recreation lands otherwise
required to be dedicated in meeting the recreational needs of the resident;
and
(4). The facilities provided by private open space shall be developed and
maintained by the private property owners.
EXHIBIT C
TENTATIVE TRACT
5656
Page
1 of 3
R-1
R-1
C-2-D
C-O
A
15
T29S, R29£
19321
KXH IBIT "C"
Page 2 of 3
I /
i
TENTATIVE
TRACT NO
5656
SEE SHEEI ONF
KIItlBIT "C"
Page 3 of 3
SEE' SIIEET
OrlE
~t~~ "-~.~
5656