HomeMy WebLinkAboutRES NO 158-93RESOLUTION NO. I 5 8 ' 9 3
RESOLUTION, UPON THE APPEAL OF CURTIS G.
SPARKS, MODIFYING THE DECISION OF THE
PLANNING COMMISSION AND APPROVING
TENTATIVE PARCEL MAP NO. 9548.
WHEREAS, on June 17, 1993, the Planning Commission of the City of
Bakersfield approved a change of condition and a one-year extension of time for
Tentative Parcel Map No. 9548, subject to the conditions outlined in Exhibit "A"; and
WHEREAS, within the time permitted by law, CURTIS G. SPARKS filed
an appeal in writing with the City Council from the decision of the Planning
Commission; and
WHEREAS, a noticed public hearing was set and held before the Council
on September 8, 1993; and
WHEREAS, said hearing was continued to September 22, 1993; and
WHEREAS, testimony was given contending that the conditions of
approval relative to improving Masterson Street would impose an unfair burden on the
property; and
WHEREAS, no other person appeared to testify at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. The decision of the Planning Commission regarding Parcel Map No.
9548 is hereby modified by changing the conditions relative to construction of Masterson
Street to reflect local street standards.
2. The parcel map approval by the Planning Commission is upheld
subject to conditions of approval set forth in attached Exhibit "A".
ORIGII~AL ~
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
~l~ I~ $ ~ , by the following vote:
A~,...~~ C~O~I, NCIL;J! N~DE~I~OI-T ~bW~O$, DeMOND, SMITH, BRUNNL ROWLE$, $ALVAC~10
CITY CLERK and Ex OfficTo Cl~rk of the
Council of the City of Bakersfield
APPROVED Bg'~ 0 $ 1~
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
JH:pjt
October 1, 1993
res\r9548.cc
ORIGINAL
EXHIBIT "A"
Tentative Parcel Map 9548
Page i
APPROVED BY THE PLANNING COMMISSION
TENTATIVE PARCEL MAP 9548 REQUEST FOR TIME
DATE: May 28, 1993
EXTENSION
PUBLIC WORKS
I. DRAINAGE -
Drainage from each parcel shall be retained on-site.
II. SEWERS -
A. Municipal
sewer service is not available to this
subdivision.
Prior to recordation of the Parcel Map, the subdivider
shall submit evidence of Building Department and Kern
County Health Department approval of the water wells and
individual sewage disposal systems.
III.
FEES -
A. Connection fees for wastewater treatment plant capacity
and sewer main capacity, including user fees and charges,
are deferred and shall be paid at the time of connection
to the City system at the then applicable rates.
IV.
STREET DEDICATIONS AND/OR EASEMENTS
A. Prior to recordation of the Parcel Map, the streets shown
shall be offered for dedication to the City. Acceptance
by the City of the offers of dedication will be
contingent upon the subdivider's improving the street to
City Standards and the City's acceptance of those
improvements.
B. Diagonal property corner cutoffs shall be used at the
intersections with Masterson Street instead of the
property returns shown on the map.
C. A waiver of direct access rights from both parcels to
Masterson Street shall be required.
D. Section 16.28.150 of the City Municipal Code shall be
complied with regarding removal of obstructions and
quitclaim or subordination of rights to the City by
interest or easement holders.
REFUSE -
The type and location of refuse facilities are to be
determined in consultation with the City Sanitation D~ion.
OAIGII~AL
EXHIBIT "A"
Tentative Parcel Map 9548
Page 2
VI.
VII.
UTILITIES -
A. Water,
Gas, Electrical, Telephone, and, if available,
Cable TV service shall be provided to each parcel and in
accordance with Section 16.32.080 D.5 & 6 of the City
Municipal Code.
Prior to recordation of the Parcel Map, the subdivider
shall ensure that each cable TV company provides notice
to the City Engineer of its intention to provide service
in accordance with the above ordinance.
STREET PAVING, CURBS, GUTTERS, AND SIDEWALKS
A. The Subdivider shall construct
1. the westerly portion of Masterson Street including
18' of street paving, barrier (Type "B") curb and
gutters, and 5.5' wide sidewalks to City standards
along the full frontage on Masterson Street. The
sidewalk may be deferred until deemed necessary by
the City Engineer, upon submittal of security as
approved by the City Attorney.
2. the northerly portion of Pitts Avenue including 18'
of street paving and roll-top (Type "C") curb and
gutter.
3. the southerly portion of Bella Drive including 18'
of street paving and roll-top (Type "C") curb and gutter.
B. Prior to, or concurrently with, submittal of improvement
plans to the City for review, the subdivider shall also
submit
1. a preliminary soil report covering the entire
subdivision, with R values, to justify the paving
and base sections proposed.
2. a preliminary engineer's estimate.
3. plan check and inspection fees based on the
preliminary engineer's estimate.
4. evidence of completed arrangements for relocation
of obstructions, if any, as stated in Section
16.28.150 of the Municipal Code.
VIII.
A.
IX.
TRAFFIC -
Thirty foot radius curb returns shall be constructed at
all intersections with major streets.
Masterson Street shall have an ultimate centerline to
flow line distance of forty five feet.
STREET NAME AND TRAFFIC CONTROL SIGNS
A. The subdivider shall furnish and install two metro size
street name signs to be located as shown on the map.
The street name signs shall be shown on the improvement
plans, and the fittings shall be tamper-proof.
ORIGINAL
EXHIBIT "A"
Tentative Parcel Map 9548
Page 3
Xo
MISCELLANEOUS
A. No occupancy on Parcel No. 1 will be permitted until all
non-deferred improvements have been completed by the
subdivider and accepted by the City.
B. Prior to recordation of the Parcel Map, all improvement
plans shall be approved by the City Engineer.
C. Prior to acceptance of the improvements by the City,
1. all required monuments shall be in place and notice
shall be given in accordance with Section 66497 of
the Subdivision Map Act.
2. monument elevation data shall be provided to the
City Engineer as required by Section 16.32.100 B. 1
of the Municipal Code.
3. Record Drawings of the improvements, signed by a
Registered Civil Engineer, shall be provided to the
City Engineer.
4. warranty security as required shall be posted.
D. In accordance with Section 66436(c)(1) of the Subdivision
Map Act, any public entity or public utility owning
rights-of-way, easements, or other interests which cannot
ripen into fee must be advised by certified mail of the
division of property. The Advisory Agency will require
a letter from these parties stating that the development
will not unreasonably interfere with the free and
complete exercise of the right-of-way or easement within
the boundaries of this development.
BUILDING DEPARTMENT
A Preliminary Soils Report and Grading plan shall be submitted
and approved prior to the filing of the Final Map. Soils
report shall address any expansive soils conditions.
A Final Soils Report will be required prior to the issuance of
a building permit.
Occupancy for habitation of Parcel 1 will not be permitted
until all required improvements have been accepted by the
city.
The quantity and quality of domestic potable water serving
each parcel shall be approved by the Kern County Health
Department prior to the issuance of a building permit.
Sewage disposal systems, septic tank and leach lines, shall be
approved by the Kern County Health Department prior to the
issuance of a building permit.
ORIGINAL
EXHIBIT "A"
Tentative Parcel Map 9548
Page 4
Easements for utility lines and access shall be approved by
the City of Bakersfield and recorded prior to the issuance of
a building permit.
Plans showing separations of structures and required setbacks
from property lines as required by City Ordinance No.
15.64.150 shall be approved by the Fire Chief and the Building
Director prior to the issuance of a building permit.
Alquist-Priolo special studies zones act maps indicate the
proposed project is located in an area affected by special
studies zone designations. An Engineering Geology Report
shall be submitted to the Building Director and approved prior
to the recordation of the Final Map. Results of said study
may affect the location of structures proposed as part of the
project.
FIRE DEPARTMENT
Fire protection water supply - Bakersfield Fire Department.
By: Greg Yates, Planning Technician.
5 (five) Fire Hydrants will be required.
Water mains are to meet I.S.O. and City requirements with dead
end mains no less than 8 inches diameter An size.
Based upon available information fire flow requirement may be
1,000 gallons per minute.
Pursuant to Sections 10.301c and 10.301d of the Uniform Fire
Code, water mains and fire hydrants to be installed by
developer shall be completed, tested and accepted prior to
building construction. All hydrants shall be kept An service
and made accessable to the fire department apparatus by
roadways meeting the requirements of Section 10.207.
Under resolution No. 68.78 and Municipal Code Sections
16.32.070(A) and 16.32.070(B): Effective July 1, 1978, all
subdividers and all persons otherwise to purchase necessary
nuts, bolts & 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.
ORIGINAL
EXHIBIT "A"
Tentative Parcel Map 9548
Page 5
In lieu of installing 5 (five) fire hydrants the following
conditions shall apply:
a.1. 100' (one hundred) separation of structures.
b.2. 50' (fifty) setback from all property lines.
c.3. Wood roofs will be prohibited.
FIRE SAFETY CONTROL
FIRE AND LIFE SAFETY REQUIREMENTS/PETROLEUM
BAKERSFIELD FIRE DEPARTMENT
DATE: 12/13/90 BY: B.W. Goatcher
There is an abandoned dry hole oil well located in Section 8,
T29s, R29e, near intersection of Masterson St. and Pitts Ave.,
about 500 ft. north and 500 ft. west of southeast corner of Section
8.
No structure may be built within 10 ft. of an abandoned dry
hole oil well. (May be waived if soil testing is done).
Developer is to check with the Division of Oil and Gas to make
sure wells have been properly abandoned to current standards.
Prior to construction of any structure on lots known to
contain an abandoned oil well, the location of the abandoned
well is to be surveyed, located and marked by a licensed civil
engineering firm.
A map shall be furnished to Fire Safety Control showing the
location and measurements of the well in relation to the
structure.
Developer shall notify the owner of the structure (residence)
of the existence of an abandoned oil well on their lot through
a deed or such legal document.
PLANNING DEPARTMENT
Easements for Public Utilities shall be determined, by the
developer, through consultation with the public utility
company. An approved plan for utility easements shall be
required prior to recordation of the final map.
EXHIBIT "A"
Tentative Parcel
Map 9548
Page 6
9548
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.
A habitat conservation plan interim mitigation fee shall be
paid prior to issuance of a building permit. The fee will be
based on the adopted charges at the time of issuance of the
building permit or payment of fee before issuance of the
building permit. The current fee is $680.00 per gross acre.
In addition, the applicant shall consult the attached advisory
notice prepared by the U.S. Department of the Interior, Fish
and Wildlife Service with regard to potential impacts on the
San Joaquin Kit Fox.
In the event that a habitat conservation plan is adopted prior
to development, all development shall comply with the adopted
habitat conservation plan, including any fees assessed
therewith, unless the interim fee has been paid for said
development prior to the adoption of a habitat conservation
plan.
Subdivider shall conform to Chapter 16.20.040 of the
Subdivision Ordinance relating to obtaining mineral rights
owners signatures prior to recordation of the final map.
Prior to the issuance of a building permit, 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.
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ORIGINAL