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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. .a ORIGINAL