HomeMy WebLinkAboutRES NO 26-94 RESOLUTION NO. ~._' 9 4
RESOLUTION ON THE APPEAL OF STEVE DEBRANCH
OF DEWALT CORP., OVERTURNING THE DECISION OF
THE PLANNING COMMISSION AND APPROVING
TENTATIVE TRACT 5716 (VESTING).
WHEREAS, Tentative Tract 5716 (vesting) is generally located on the east
side of Main Plaza Drive, approximately 250 feet south of Meacham Road, as shown on
attached Exhibit "C" and ' ....
D, and
WHEREAS, the Planning Commission held a number of public hearings
beginning October 18, 1993 and closing oneJanuary 6, 1994 for Tentative Tract 5716
(vesting); and
WHEREAS, in accordance with Bakersfield Municipal Code Section
16.16.070(A)(2)(a) and (b), and California Government Code Section 66473.5, the
Planning Commission made findings that proposed Tentative Tract 5716 (vesting) is not
consistent with the Metropolitan Bakersfield 2010 General Plan and Riverlakes
Ranch/Unibell Specific Plan, and the design or improvement of the proposed subdivision
is not consistent with said general and specific plans; and
WHEREAS, the Planning Commission denied Tentative Tract 5716
(vesting); and
WHEREAS, within the time permitted by law, STEVE DEBRAINCH of
DEWALT CORP., 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
February 23, 1994; and
WHEREAS, testimony was given by the applicant at said hearing; and
WHEREAS, a Negative Declaration was previously approved on November
10, 1993 with associated General Plan Amendment 3-93, Segment I and Zone Change
5491 and Specific Plan Amedment.
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 Tract, together with the provisions for its design and
improvement, is consistent with the General Plan and Riverlakes Ranch/Unibell Specific
Plan. (Required by Government Code 66473.5) x~ ~"ga"~"
ORIGINAL
3. Findings attached hereto as Exhibit "B" are adopted.
4. The decision of the Planning Commission to deny Tentative Tract
5716 (vesting) is hereby overturned, and Tentative Tract 5716 (vesting) is approved
subject to conditions attached hereto as Exhibit "A".
2
ORIGINAL
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
F£8 2 $ ~t~ , by the following vote:
APPROVED FEB 8
BOB PRI~E
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 ATI'ORNEY of the City of Bakersfield
BY: t~4-~- ~, ]
LAURA MARINO, ASSISTANT CITY ATTORNEY
JE:pjt
February 25, 1994
res~x5716
ORIGINAL
EXHIBIT "A"
Tentative Tract 5716
Page 1
2
3
4
5
6
7
8
PUBLIC WORKS
Prior to review of improvement plans, the following shall be submitted to and approved by the City
Engineer:
1.I a drainage plan for the entire subdivision.
1.2 a grading plan for the entire subdivision.
1.3 a master sewer plan for the entire subdivision.
The number and location of cross gutters and inverted siphons allowed, if any, will be determined at
the time of drainage/grading plan review.
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.
The subdivider shall construct drainage lines and facilities in accordance with the comprehensive
drainage plan and as directed by the City Engineer.
Prior to recordation of a Final Map, the subdivider shall
5.1 pay, in accordance with Ordinance No. 3557, all costs for establishing a new maintenance
district or inclusion of the subdivision into an existing maintenance district.
5.2 make a written request for apportionment, sign all documents relating thereto, and pay all
appropriate fees for the apportionment of the assessments of Assessment District 86-2 from
the old parcels to the new lots.
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:
6.1 sewer connection fee;
6.2 $200 per dwelling unit in accordance with the Rancho Laborde Development Agreement No.
86-54;
6.3 $150 per dwelling unit Fire Suppression Fee
Above-ground utility cabinets or facilities may not be installed within the road right-of-way without
approval by the City Engineer.
Street light installation shall be foundation 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.
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.
FebruarY25, 1994
ORIGINAL
EXHIBIT "A"
Tentative Tract 5716
Page 2
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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 filed with the City Engineer prior to
acceptance of improvements.
The subdivider shall ensure the utility understands conduit for street light electrical services shah be
kept within the street rights-of-way, unless prior approval is obtained from the City Engineer.
Water, gas, electrical, telephone, and Cable TV services shall be provided for each parcel in
accordance with Section 16.32.060 D of the Municipal Code.
Prior to approval of improvement plans, the subdivider shah submit to the City Engineer easements
for any 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.
The entire frontage of Main Plaza Drive shall be dedicated (either included within the phase
boundary or dedicated by separate instrument) with the first phase to be recorded.
Granite Falls Drive shall be dedicated full width from Main Plaza Drive to Coffee Road with the first
phase to be recorded.
A waiver of direct access rights from all abutting lots within the subdivision to Main Plaza Drive and
to Granite Falls Drive shall be required.
Additional areas outside the street rights-of-way needed for landscaping shall be dedicated.
Temporary turnarounds shall be dedicated as required by the City Engineer.
Easements to be dedicated to the City for utility, sewer, storm drain, electrical, or other putposes shall
not cross private property (extend through, across, or between lots) without the prior approval of the
City Engineer.
Additional dedication shall be provided at the intersections of Main Plaza Drive & Granite Falls
Drive and for an expanded intersection in accordance with the major street tee intersection standard.
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 existing flowage easement within the subdivision and shown on the tentative map to be vacated
will be abandoned by the recordation of the Final Map. Additional dedication of an easement for
drainage putposes may be required. The abandonment shall be noted on the Final Map.
February 25, 1994
ORIGINAL
EXHIBIT "A"
Tentative Tract 5716
Page 3
24
25
26
27
28
29
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 GET 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.
Temporary turnarounds shall be constructed as directed by the City Engineer.
The subdivider shall install conduits (2-3" conduits each leg) and pull boxes for the future installation
of traffic signals at Main Plaza Drive & Granite Falls Drive and across Granite Falls Drive at Coffee
Road.
With the first phase to be recorded, in accordance with the conditions of approval for Parcel Map
10022 as stated in Council Resolution 175-93, the subdivider shall construct the following:
28.1 either the easterly V: of Main Plaza Drive adjacent to the Parcel Map or the westerly 1/2 of
Main Plaza Drive from Granite Falls Drive north to existing street improvements. If the
westerly 1/2 of Main Plaza Drive is constructed with the first phase, then the easterly 1/2
adjacent to the first phase shall also be constructed with this phase and the remainder of the
easterly 1/2 shall be secured with an agreement between the subdivider and the City prior to
recordation of the first phase. This remaining easterly 1/2 portion shall be constructed with
the second phase. Sidewalk, wall and landscaping construction may be deferred until
development or division of the phases adjacent to Main Plaza Drive. Construction shall also
be in accordance with the Riverlakes Ranch Specific Plan.
28.2 Granite Falls Drive half width adjacent to the Parcel Map, except that sidewalks, wall and
landscaping construction may be deferred until development or division of the phase adjacent
to Granite Falls Drive.
Granite Falls Drive with a minimum 32' paved width, with 4' wide graded shoulders, from
the easterly Parcel Map boundary to intersect with Coffee Road.
a median break in Coffee Road at Granite Falls Drive to allow northbound to westbound
turns.
paving transitions from the new paving to existing paving as required by the City Engineer.
drainage lines and facilities in accordance with the approved drainage plan and as directed
by the City Engineer.
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.
28.3
28.4
28.5
28.6
28.7
If secondary access to the subdivision, or a phase of the subdivision, is required, then the subdivider
shall improve said access in a manner acceptable to the City Engineer and to the Fire Chief.
February25, 1994
ORIGINAL
EXHIBIT "A"
Tentative Tract 5716
Page 4
30
31
32
33
34
Improvement plans shah include a signing/striping/markingplan.
Prior to review of improvement plans by the City, all concept approvals shah be obtained and the
subdivider shah submit:
31.1 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.
31.2 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:
31.2.1 6.0 for Main Plaza Drive.
31.2.2 7.0 for Granite Falls Drive between the subdivision and Coffee Road.
31.2.3 6.0 for Granite Falls Drive adjacent to the subdivision.
31.3 infiltration tests for the retention basin site(s).
31.4 a preliminary engincer's estimate.
31.5 plan check and inspection fees based on the preliminary engineer's estimate.
Concurrently with recordation of the Final Map, the following covenants shall be recorded by the
property owner:
32.1 a covenant for each lot prohibiting the pumping and taking of groundwater from the property
for any use off the property.
32.2 a covenant containing 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.
Prior to recordation of a Final Map,
33.1 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.
33.2 all improvement plans, including those for any required median islands, median modifications,
walls, landscaping, and irrigation, shall be approved by the City Engineer. Construction plans
for walls shall be an independent set of plans.
33.3 the subdivider shall submit all easements, properly executed, required for off-site sewer, storm
drain, access, or street construction.
33.4 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,
34.1 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.
34.2 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.
February25, 1994
ORIGINAL
EXHIBIT "A"
Tentative Tract 5716
Page 5
35
34.3 all required monuments shall be in place and notice shah be given in accordance with Section
66497 of the Subdivision Map Act.
34.4 Record Drawings of the required improvements, signed by a registered Civil Engineer, shah
be provided to the City Engineer.
34.5 the utility composite plan shall be submitted to the City Engineer.
34.6 "as-graded" plans, signed by a registered Civil Engineer, shah be provided to the City
Engineer.
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 shah obtain approval of a preliminary soils report
and grading plan. (BMC 16.44)
Prior to the issuance of a building permit an approved final soils report will be required. (BMC
16.44)
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 65db CNEL or less in exterior activity areas and 45rib CNEL or less in interior
living areas in accordance with the Noise Element of the 2010 General Plan. (Noise Element Policies
Numbers 1 and 2)
Prior to the filing of the final map, a six (6) foot high chain link fence is the minimum requirement
along any subdivision and the right-of-way of any canal. (BMC 16.32)
All wells and related equipment shall conform to all requirements set forth by the Kern County
Health, 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 filing of the final map, the design engineer shall show on lots containing easements an
approved method of obtaining buildable lots, or shall either properly abandon or relocate easements
outside of buildable lots.
February 25, 1994
ORIG;NAL
EXHIBIT "A"
Tentative Tract 5716
Page 6
FIRE DEPARTMENT
22 Fire hydrants will be required.
Based upon available information, fire flow requirement will be 1,500 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 10.203)
FIRE SAFETY CONTROL
No habitable portion of a structure may be built within 50 ft. of a gas main, or transmission line.
(UFC 2.102)
Prior to or concurrently with filing of a final map, a covenant shall be recorded on all lots of this
tract, or portion thereof, which are within 250 feet of aforementioned pipeline. Covenant shall
acknowledge proximity of pipeline easement to said property and describe the name, type and
dimension of the pipeline. Prior to recordation, Subdivider shall submit and obtain approval of the
covenant wording with the City Attorney, Fire Safety Control Division and City Engineer. (UFC
2.102)
No structures shall be built within one hundred feet of any oil well unless the well has been properly
abandoned. (UFC 79.1103(c)).
February 25. 1994
ORIGINAL
EXHIBIT "A"
Tentative Tract 5716
Page 7
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
oil 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))
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.
WATER DEPARTMENT
Prior to filing a final map, easements for water utilities shall be determined, by the developer, through
consultation with the City Water Resources staff.
Prior to construction of in-tract water facilities, plans and specifications shall be approved by the City
Water Resources staff.
Prior to filing a final Tract/Parcel Map, the developer/owner shall record a covenant for each lot in
the subdivision prohibiting the export of groundwater from the subdivision except by the water
purveyor that is serving the subdivision. The individual property owner is not restricted from using
the groundwater under their land for use on their overlying subdivided land.
Prior to final recordation of the tract/parcel map for the subdivision, water availability fees for water
service facilities are due and payable. Fees are authorized by Bakersfield Municipal Code
14.04.120(B.) and set by the City of Bakersfield Water Board with concurrence of the Bakersfield City
Council. As of this date (4/10/92), the fees are set at $2,000.00 per gross acre.
City fees for inspection of installation of water facilities are currently (4/10/92) calculated at four (4%)
percent of the estimatedconstruction costs of the in-tract water facilities. The inspection fees are due
and payable to the City by the land owner/developer within thirty (30) days of invoice.
Prior to recordation of the phase adjacent to the city water well site, subdivider shall install a 6-foot
masonry wall or other wall or fence material around the well site as approved by the Water Resources
Director and City Engineer.
PARKS DIVISION
Wall and lanscaping shall be consistent with the plans approved by the Planning Commission for
Riverlakes.
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.
February 25, 1994
ORIGINAL
EXHIBIT "A"
Tentative Tract 5716
Page 8
This tract is located within an established Maintenance District. The assessments levied will be the
responsibility of each property owner.
Prior to the filing of the final map, the Subdivider shah 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 shall
notify the City Engineer and the City Parks Division.
The Subdivider shah 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 (11x17), 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.
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)
February 25, 1994
ORIGINAL
EXHIBIT "A"
Tentative Tract 5716
Page 9
10.
11.
12.
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, the subdivider shall either dedicate park land at the approved standard
and/or pay in-lieu fees, at the option of the North Bakersfield Recreation and Park District and
submit written proof from the District to the City of Bakersfield which states this condition has been
satisfied. (BMC 15.80)
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 filing of a final map, the subdivider shall construct a six-foot high masonry wall along Main
Plaza Drive and Granite Falls Drive as shown on the tentative tract. Wall height shall be measured
to the highest adjacent grade.
Subdivider shall be subject to the canal fencing agreement approved by the Planning Commission on
September 12, 1993. (Cross Reference file #GPA 1-90, Segment IlI, Tract 5477)
Prior to issuance of a building permit within the project area, subdivider shall pay school fees in
accordance with mitigation agreement adopted by the Fruitvale School District, dated August 9, 1988.
School district shall be responsible to monitor compliance with this agreement (Cross-reference
Riverlakes Ranch Specific Plan Appendix)
Tentative Tract 5716 shall have a maximum of 344 lots. (GPA 3-93, Segment I, ZC 5491)
All lots must have a minimum depth of 100 feet, except for Phase 1, Lot 39 may have a 95-foot
minimum lot depth; and Phase 1, Lot 106 may have an 80-foot minimum lot depth; however, if the
city agrees to adjust the lot line of the well site to result in a 100-foot lot depth for lot 106, lot 106
shall have a minimum lot depth of 100 feet.
Phase 2, Lot 58 shall be redesigned to eliminate the double frontage configuration. Redesign shall
be approved by the Planning Director prior to filing a final map.
5716.a
February 25, 1994
ORIGINAL
EXHIBIT "B"
FINDINGS FOR APPROVAL OF
TENTATIVE TRACT 5716 VESTING
page 1 of 2
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. The City Council adopted the Negative Declaration for this project on
November 10, 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 and Riverlakes Ranch/Unibell Specific
Plan. (Required by Government 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)
T5716.AF
Prepared February 9, 1994 JEng
ORIGINAL
EXHIBIT "B" page 2 of 2
FINDINGS FOR APPROVAL OF
TENTATIVE TRACT 5716 VESTING
12. The granting of the modification would not be materially detrimental to
the public welfare, nor injurious to the property or improvements in the zone or vicinity
in which the property is located. (BMC Section 17.64.070 (C))
13. The granting of the modification is necessary to permit an appropriate
improvement or improvements on a lot or lots, including, but not limited to,
modification of such regulations for some or all lots within a subdivision to facilitate
zero-lot-line or other atypical subdivision development. (BMC Section 17.64.070 (C))
14. The granting of the modification to lot area, width and frontage, except for
cul-de-sac lots, would not be inconsistent with the purpose and intent of Title 17 of this
code. (BMC Section 17.64.070 (C))
15. The proposed subdivision is within the density range depicted for the
property in the general plan. (BMC Section 16.28.170 (O))
16. The subdivision is planned to provide a balanced housing stock within a
defined area. (BMC Section 16.28.170 (O))
17. The subdivision does not result in an unjustified concentration of substandard
lots within a defined area. (BMC Section 16.28.170 (O))
18. The reduction of the minimum lot area is for a minimum of eighty percent of
the lots in the subdivision.
19. The applicant has demonstrated that the development will not require a
modification for the reduction of the required front, rear. or side-yard setbacks on lots
meeting minimum depth requirements within the subdivision. (BMC Sect. 16.28.170 (O))
20. The applicant has demonstrated that the development will not require a
modification for the reduction of the required front, rear, or side-yard setbacks on any
lot within the subdivision. (BMC Section 16.28.170 (O))
21. The proposed development offers elements of public benefit that justify the
reduction in lot area standards by providing unique open space and recreation amenities
through the Riverlakes Ranch development. (BMC Section 16.28.170 (O))
22. The Modification request to reduce the minimum lot depth of Phase 5, Lots
33 and 34, Phase 5, and redesign of Phase 2, Lot 58 (or corresponding lot numbers of
the other alternate designs) to eliminate the double frontage lot does not promote nor is
in the interest of the public's health, welfare and safety.
T5716.AF
Prepared February 9, 1994 JEng
ORIGIN,,',.[
EXHIBIT C
TENTATIVE TRACT 5716
R-1
~, ~, OS
'~ IiiiII/
R-2
C-2
C-2 o
20
T29S, R27£
ORIGINAL
VESTING ~j-
%,. TENTATIVE TRACT NO. 571~